Text of Act No. 38/1994 Coll. effective as of 30.6.2012

Working version

Note: The official text of Act No. 38/1994 Coll., including the amending Acts, in

particular Act No. 248/2011 Coll., are published in the Collection of Laws. This working

version of Act No. 38/1994 Coll. implemented by Act No. 248/2011 Coll. should only be

used as guidance for the business community.

ACT

No. 38/1994 Coll.,

of 15 February 1994

on Foreign Trade with Military material and on Amending Act No. 455/1991 Coll., on

Licensed Trade (the Trade Licensing Act), as amended, and Act No. 140/1961 Coll., the

Criminal Code, as amended,

PART ONE

General Provisions

Scope of the Application of the Act and Definition of Basic Terms

Section 1

(1) This Act governs the conditions of carrying out foreign trade in military material

(hereinafter referred to as “trade in military material”) and the powers of state administrative

authorities in this area.

(2) The discharge of state administration with respect to trade in military material must

be in accordance with the international undertakings of the Czech Republic and its foreign

policy, trade, and security interests.

Section 2

(1) For the purpose of this Act, trade in military material shall mean

a) the export of military material from the Czech Republic to a country other than a European

Union Member State,

b) the import of military material to the Czech Republic from a country other than a European

Union Member State,

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c) the purchase of military material from a foreign entity, the sale of military material to a

foreign entity1), as well as the performance of other obligations with respect to a foreign

entity and the acceptance of other deliverables from a foreign entity, provided that their

subject is military material, and provided this trade with military material relates to countries

other than European Union Member States,

d) the transfer of military material within the European Union.

(2) Trade in military material shall also mean

a) the intermediation of the activities referred to in paragraph 1,

b) the purchase of military material abroad and its resale to a country other than a European

Union Member State.

(3) For the purpose of this Act, a written expression of will directed at the conclusion

of agreements regulating the relations referred to in paragraphs (1) and (2) shall also be

deemed to constitute trade in military material.

Section 3

(1) This Act shall not apply to

a) the export or handling of military material outside of the territory of the Czech Republic

during the operation of the armed forces of the Czech Republic, security corps 1a), or basic

units of the integrated rescue system of the Czech Republic 1b), in accordance with the

announced international treaties by which the Czech Republic is bound, including their re-

import,

b) the import or handling of military material in the Czech Republic in connection with the

operations of the armed or rescue forces of other countries, the United Nations, and other

international organisations in the Czech Republic, in accordance with announced international

treaties by which the Czech Republic is bound, including their re-export,

c) the import or handling of military material in the Czech Republic for the purpose of the

acceptance of humanitarian or development aid or involvement in international humanitarian

rescue operations, including their re-import, or a gift from a representative of another state

should the Government so decide, and subject to the conditions set by the Government,

d) the import or handling of military material in the Czech Republic for the purpose of the

acceptance of humanitarian aid, including their re-export, should the Government so decide,

and subject to the conditions set by the Government.

(2) Furthermore, this Act shall not apply to the provision of information, sending and

receiving experts for the purpose of research, development, construction, production,

modification, repair, maintenance, use, and control of military material in study programmes

accredited under a special legal regulation 1c), which are carried out by a military institution

of higher education.

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Section 4

The following items may not constitute the subject of trade in military material

a) weapons of mass destruction, which means nuclear, chemical, and biological weapons 1d),

b) goods that are governed by the provision of special legal regulations or announced

international treaties by which the Czech Republic is governed that prohibit the use, storage,

production, and transfer of anti-personnel miles and order their destruction 1e) and prohibit or

restrict the use of certain conventional weapons that may cause excessive suffering or may

have indiscriminate effects 1f), unless an announced international treaty by which the Czech

Republic is governed stipulates otherwise.

Section 5

(1) For the purpose of this Act, military material shall mean

a) products, their components, and spare parts that are, due to their characteristic technical and

structural properties, assessed as being constructed or adapted for use in armed forces or

security corps, or are used en masse in those forces in carrying out tasks in defending the

country and ensuring its security,

b) machines, equipment, investment units, technologies, programs, technical documentation,

or instructions, made, modified, equipped, constructed, or adapted for military use, in

particular for the development, production, control, and testing of other products, their

components, and spare parts listed in paragraph a).

(2) For the purpose of this Act, military material shall also mean services rendered in

connection with the military material stated in paragraph (1), namely the making of repairs

and modifications and the provision of information, and the sending and receipt of specialists

for the purpose of research, development, construction, production, modification, repair,

maintenance, use, and control of military material.

(3) A list of military material under the previous paragraphs shall be set by an

implementation regulation, pursuant to the Common Military List of the European Union.

PART TWO

Permitting Trade in Military Material

Section 6

(1) Trade in military material may only be carried out by a legal entity with its

registered seat in the Czech Republic (hereinafter referred to as “legal entity”) or a natural

person engaged in business in cases stipulated by this Act (hereinafter referred to as a “natural

person”) on the basis of a permit; permits are not required if the trade in military material is

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carried out by the Ministry of Defence or the Ministry of the Interior under the conditions set

out in Section 12a.

(2) The permits shall be issued by the Ministry of Industry and Trade (hereinafter

referred to as the “Ministry”) on the basis of the binding positions of the authorities

concerned, which are

a) The Ministry of Foreign Affairs, as concerns the foreign-policy interest of the Czech

Republic, and upholding the obligations arising for the Czech Republic from international

treaties as well as from the membership of the Czech Republic in international organisations,

b) The Ministry of the Interior, as concerns public order, security, and protection of the

population,

c) The Ministry of Defence, as concerns ensuring the defence of the Czech Republic.

(3) The authority concerned referred to in paragraph (2) shall issue its binding position

within 20 days of the delivery of a counterpart of an application; the binding position shall

contain the consent or refusal of the authority concerned concerning the issuance of the

permit.

Conditions for the Issuance of a Permit

Section 7

(1) A permit may be issued to a legal entity provided that

a) no more than 49% of the share capital of the legal entity is comprised of contributions

made by foreign persons, except for contributions by foreign persons whose registered seat or

address is in a European Union Member State,

b) the members of the statutory body of the legal entity and its representatives by registered

proxy, if it has been granted, and members of the supervisory board, if it has been set up,

1. have attained the age of 21 years,

2. are citizens of a European Union Member State,

3. have their permanent residence in a European Union Member State,

4 have capacity to effect legal acts,

5. meet the requirements for holding certain positions in state authorities and organisations

under a special legal regulation 2),

6. meet the requirements for carrying out sensitive activities under a special act 2a);

c) the trade in military material will be carried out by the legal entity in its own name and on

its own account,

d) the financial backing for trading in military material by the legal entity is sufficient, given

its planned extent.

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(2) The conditions stipulated in paragraph (1) (b) must also be met by the founders or

establishing members of a legal entity, if they are natural persons and if the legal entity has

not yet been registered in the Commercial Registry.

(3) A permit may be issued to a natural person who is a citizen of the Czech Republic,

has permanent residence on the territory of the Czech Republic and meets the conditions set

out in paragraph 1 (b) 1, 4, 5 and 6 and para. 1 (c) and (d).

Section 8

Sensitive activities under a special act 2a) shall mean

a) holding the position of a member of the statutory body of a legal entity that engages in

trade in military material,

b) holding the position of a representative by registered proxy of a legal entity or natural

person that engages in trade in military material,

c) holding the position of a member of the supervisory board of a legal entity that engages in

trade in military material,

d) holding the position of a natural person holding a permit who engages in trade with

military material.

Section 9

Application for a Permit

(1) The following particulars shall be stated in an application for a permit (hereinafter

referred to as an “application for a permit”):

a) the company name or name and address of the registered office of a legal entity or the

name(s), surname, business address, address of the place of permanent residence and birth

number if the applicant for a permit is a natural person,

b) the name or names, surname, address of the place of permanent residence permanent

residence and personal identification number for each member of the statutory body of the

legal entity and the holder of a registered proxy, if it has been granted, stating the manner in

which they represent the legal entity, and the name or names, surname, address of the place of

permanent residence permanent residence and personal identification number for each

member of the supervisory board, if it has been set up; for citizens of another European Union

Member State, the name or names, surname, date of birth, and other information shall be

presented as can clearly identify the given person,

c) the identification number of the person (hereinafter referred to as “identification number”),

if one has been assigned,

d) the line of business,

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e) the specification of the military materials within the meaning of Section 5 (3) of this Act,

with the territorial focus of the trade.

(2) The following documents shall be presented with an application

a) the agreement or deed on the founding or establishment of the legal entity, in the form of a

notarial record or an agreement or deed with the officially verified signatures of the founders,

if the legal entity is not yet registered in the Commercial Registry,

b) the relevant documents, should the information listed in the application differ from that

recorded in the Commercial or other similar Registry,

c) a certificate of compliance with the requirements for holding certain positions in state

authorities and organisations in accordance with a special legal regulation 3),

d) A document about the security competence of a natural person for carrying out sensitive

activities, or a certificate for a natural person for the confidentiality level Confidential or

higher, in accordance with a special Act 2a), for members of the statutory body of the legal

entity, holders of a registered proxy, if it has been granted, members of the supervisory board,

if it has been set up, and natural persons who apply for a permit.

(3) A sample of the application for a permit shall be provided by an implementation

regulation.

.

Section 10

(1) A decision concerning the issuance of a permit shall contain

a) the company name or name and registered seat of the legal entity or the name(s), surname,

place of business, permanent residence and birth number in the case of a natural person and its

identification number, if such has been assigned,

b) the specification of the military material that constitutes the subject of the trade,

c) the territorial focus of the trade in military material,

d) other conditions for carrying out trade in military material set for the legal entity, in

accordance with Section 1 (2) of this Act,

e) the number of the permit, the date of its issue, a stamp and a signature of the authorised

employee of the Ministry.

(2) The legal entity or natural person for whom the permit was issued shall inform the

Ministry in writing of, and document, any change in the information contained in the

application for the permit or the documents attached to the application, within 30 days of the

day on which that change occurred.

Section 11

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(1) The Ministry shall not issue the permit if the conditions for its issuance set in

Sections 7 through 9 are not met, or if the issuance of the permit would threaten the foreign-

policy or trade interests of the Czech Republic or public order, security, and the protection of

the inhabitants.

(2) A permit shall not be issued for the three year period after the completion of

insolvency proceedings or after the issuance of a previous decision whereby a permit to

engage in trade in military material was not issued, or after the termination of a permit under

Section 13 para. 1 (c).

Section 12

(1) The Ministry shall render a decision concerning the application for a permit within

60 days of its delivery. An administrative appeal may not be filed against that decision.

(2) Trading in military material in accordance with the permit issued shall only be

possible after this line of business has been registered in the Commercial or other similar

Registry.

Section 12a

(1) Trade in military material, consisting of its purchase or import, may be carried out

on behalf of the Czech Republic, the Ministry of Defence or the Ministry of Interior, to the

extent they require to ensure the performance of their tasks.

(2) Instead of a permit, the Ministry shall issue the Ministry of Defence or the Ministry

of Interior a certificate of authorisation on submission of

a) an application for the issue of a certificate of authorisation, containing

1. a designation of the organisational state unit, its name and registered office,

2. the name(s), surname and birth number of persons authorised to act on behalf of

the Ministry of Defence or the Ministry of Interior,

3. the reference of the contract on which the trade is conditional,

4. the name of the country from which the military material is to be imported,

5. the name of the military material according to the list of military material, its

quantity, reference or production numbers, if these have been assigned,

6. the number, or heading or sub-heading of the customs tariff scale combined

nomenclature3a)

,

7. the contract price per volume unit of military material in CZK and the total price in

CZK,

8. the anticipated time during which the trade may be carried out under the terms of

the contract,

9. any other information relating to the specific trade in military material,

b) a signed contract for trade in military material,

c) a document attesting to the final use of the military material pursuant to Section 15

para. 5.

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(3) The certificate of authorisation shall contain the information listed in paragraph 2

(a).

Section 13

Cessation of the Permit

(1) A permit shall cease to exist

a) if a legal entity is deleted from the Commercial Registry or another registry, and in the case

of a natural person with their death,

b) with a decision declaring the bankruptcy of the legal entity or natural person,

c) With the decision of the Ministry to abolish the permit, if

1. the permit was granted on the basis of incorrect or incomplete information,

2. the legal entity or natural person no longer complies with the requirements for the granting

of the permit,

3. the foreign-policy, trade and security interests of the Czech Republic so require,

4. the holder of the permit has seriously breached the provisions of this Act or a legal

regulation of the European Union, legal regulation of a European Union country, or an

announced international treaty by which the Czech Republic is bound, provided that they

regulate the trading in or the handling of military material,

d) with the announcement of the legal entity or natural person that it has ceased to engage in

the permitted activity.

(2) A permit shall not be transferable; should the legal entity cease to exist or on the

death of a natural person it shall not transfer to its successor.

PART THREE

Conditions for the Granting of a Licence and for its Use

TITLE ONE

PERMIT TO CARRY OUT FOREIGN TRADE WITH MILITARY MATERIAL

Section 14

Licence

(1) A legal entity for which a permit was issued under this Act shall be entitled to

carry out a particular trade in military material only on the basis of a licence and to the extent

and subject to the conditions set in the licence.

(2) A legal entity shall request the granting of a licence for every agreement the

subject of which is trade in military material under Section 2 para. 1 (a) to (c) or Section 2

para. 2; trade in military material under Section 2 para. 3 may be carried out even without a

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licence.

Application for a Licence

Section 15

(1) An application for a licence shall be submitted to the Ministry by a legal entity that

has received a permit to engage in trade in military material (hereinafter referred to as the

“applicant”).

(2) An application for a licence under Section 14 para. 2 shall be submitted following

a written expression of the will of a foreign contractual partner, made for the purpose of

concluding an agreement concerning trading in a specific kind and volume of military

material. In the event of the applicant’s involvement in an international public tender, the

applicant may submit an application for a licence after the public tender has been called, or

after an invitation to present a bid in a public tender has been extended.

(3) An application for a licence under Section 14 para. 2 shall contain

a) the company name or name and registered seat of the applicant,

b) the identification number of the applicant,

c) the company name or name and registered seat, or name or names, surname, and place of

business of a foreign contractual partner or a domestic contractual partner,

d) the number of the permit for engaging in trade in military material,

e) the number or item or sub-item in the combined nomenclature of the customs tariff 3a);

f) the name of the military material according to a list of military material and its volume, and

for important military material under Section 20, also the registry or production numbers, if

they have been assigned,

g) the proposed duration of the term of the licence,

h) The name of the country,

1. from which the military material is to be imported, in the case of its import for an end user

in the Czech Republic,

2. from which the military material is to be imported, and also the name of the country in the

territory of which is located the end user of the military material, in the case of its import to

the Czech Republic and subsequent export; or

3. in the territory of which is located the end user, in the case of the export of military

material,

4. in which the military material is to be purchased, and also the name of the country in the

territory of which is located the end user of the military material, in the case that the military

material is not imported to the Czech Republic,

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i) the purpose of the foreign trade in military material, stating whether this is a transaction

within the meaning of Section 2 para. 2,

j) the offer or contractual price per unit of the volume of military material in CZK and the

overall price in CZK,

k) the company name or name and registered seat, or the name or names, surname, and place

of business of the end user,

l) the geographic name and coordinates of the place where military material that is restricted

by an international treaty shall be stored in the Czech Republic before its export or after its

import, if the subject of the agreement is important military material, within the meaning of

Section 20 para. 4.

(4) The following documents shall be submitted with an application for a licence

under Section 14 para. 2:

a) a proposal for the conclusion of an agreement or an already concluded agreement; these

documents must contain a precise specification of the military material, including its amount,

b) a document concerning the end use; in the event that the military material is imported

under a transfer licence pursuant to Title Two, which is subject to export restrictions, a

declaration by the applicant that the conditions set out in the export restrictions were complied

with, and the relevant documentation confirming the authorisation by the responsible body of

the Member State from which the military material originated,

c) other information identifying the military material, if that is required for the due assessment

of the application.

(5) A document concerning the end use, under paragraph 4 (b) shall not be more than

12 months old and shall specify:

a) the name of the country in which the place of the end use of the military material is located,

b) the name of the authority that issued it,

c) the company name or name and registered seat of the applicant,

d) the company name or name and registered seat, or the name or names, surname, and place

of business of the end user,

e) a precise description of the military material, namely its amount, characteristics, and value,

f) the date of issue,

g) an anti-re-export clause,

h) the name or names, surname, and stamp and signature of the authorised representative of

the authority that issued the document,

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i) information about the end use of the military material.

(7) (6) Samples of the applications for a licence shall be provided by an

implementation regulation.

.

Section 16

(1) The Ministry shall render a decision concerning an application for a licence within

60 days of the day of its delivery, on the basis of the binding positions of

a) the Ministry of Foreign Affairs, as concerns the foreign-policy interest of the Czech

Republic, and adherence to the international obligations of the Czech Republic, namely those

that arise for the Czech Republic from international treaties by which the Czech Republic is

bound and from the membership of the Czech Republic in international organisations,

b) the Ministry of the Interior, as concerns public order, security, and the protection of the

population,

c) the Ministry of Defence, as concerns ensuring the defence of the Czech Republic, if

important military material under Section 20 is concerned.

(2) A binding position under paragraph 1 shall be issued by the authority concerned

within 20 days of the delivery of a counterpart of an application; in especially complex cases

and on the basis of a written agreement of the ministries, this period may be reasonably

extended. The binding position shall contain the consent or refusal of the authority

concerned.

(3) A decision to grant a licence under Section 14 para. 2 shall contain

a) the company name or name, registered seat, and identification number of the applicant,

b) the number of the permit to engage in trade in military material,

c) the number or the item or sub-item in the combined nomenclature of the customs tariff,

d) the name of the military material and its amount,

e) the total price of the military material in CZK,

f) the company name or name and registered seat, or the name or names, surname, and place

of business of the foreign contractual partner and end user of the military material,

g) the term of the validity of the licence,

h) any other conditions tied to the licence.

(4) Space shall be set out in the decision for records of customs authorities concerning

the use of the licence.

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Section 17

(1) The legal entity to which the licence has been granted shall inform the Ministry

about the use of the licence by the tenth day of the month following the completion of the first

and second calendar half years. The information shall be provided to the extent stipulated by

the implementation regulation. The correctness and completeness of the information

concerning the use of the licence shall be confirmed by the signature of the person who is

authorised to represent the legal entity.

(2) The legal entity to which the licence has been granted shall return the original of

the decision to grant a licence that will not be used, or on the basis of which the purpose for

which it was granted has been fulfilled, or the term of which has expired, to the Ministry

within 15 days.

(3) The legal entity to which the licence has been granted shall inform the Ministry in

writing within 15 days of having learned of any facts that prevent it from making use of the

licence granted.

The Non-Granting and Withdrawal of a Licence

Section 18

The Ministry shall not grant a licence if

a) the applicant has failed to comply with the requirements set out in Section 15, or

b) the applicant has seriously breached the provisions of this Act or a legal regulation of the

European Union, legal regulation of a European Union country, or an announced international

treaty by which the Czech Republic is bound, provided that they regulate the trading in or

handling of military material, or

c) it is supported by foreign-policy reasons or the trade interests of the Czech Republic, or for

the protection of public order, security, and protection of the population.

Section 19

(1) The Ministry shall withdraw a licence it has granted if the trade in military material

has not been implemented or has not been fully completed and

a) the licence had been granted on the basis of false or incomplete information, or

b) it is supported by foreign-policy reasons or the trade interests of the Czech Republic, or for

the protection of public order, security, and protection of the population, or

c) the conditions set out in the licence have not been met, or

d) the permit under Section 13 of this Act has ceased to exist.

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(2) In the event of necessity, for the reasons set forth in paragraph 1 (b), the Ministry

may, on the application of the body affected, suspend the implementation of a licence for the

period required. Any appeal against a decision to suspend the licence shall have no

suspensory effect. Should the reasons referred to in the first sentence cease to exist and

provided there is no reason for proceeding according to paragraph 1 above, the Ministry shall,

on the application of the body affected, cancel the decision to suspend the implementation of

a licence.

(2) (3) In the cases listed in paragraph 1 or 2 the State shall not be liable with respect

to the legal entity to which the licence has been granted, for any damage caused to it by the

withdrawal or suspension of the licence.

Section 20

Important Military Material

(1) For military material that is important in terms of the efficiency of its use in

combat, or in terms of its volume (hereinafter referred to as “important military material”), the

applicant may, before the submission of an application for a licence, submit an application for

preliminary consent for its negotiations with its foreign partner.

(2) In its application for preliminary consent, it shall state the expected information

required by Section 15 para. 2.

(3) The Ministry shall render a decision concerning the application, following prior

discussion with the Ministry of Foreign Affairs, within 30 days of the request. The

preliminary consent granted may be changed if a change in the conditions under which it was

issued has occurred. The preliminary consent shall not stand in the place of a licence.

(4) The designation of important military material under paragraph (1) shall be made

in an implementation regulation

Section 21

A legal entity to which has been granted a licence that allows for the export or import

of military material from or to the Czech Republic (hereinafter referred to as a “licence

holder”) shall, in the case of trade in military material where the foreign contractual partner or

end user does not have its seat in a European Union Member State, undergo proceedings on

the assignment of a customs-approved designation 3b) and present the original of the licence

to the customs authority having local jurisdiction with its seat in the Czech Republic.

Section 22

A declaration about the end use of the military material imported to the Czech

Republic shall be issued to foreign entities by the Ministry.

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TITLE TWO

LICENCE TO TRANSFER MILITARY MATERIAL WITHIN THE EUROPEAN UNION

AND CERTIFICATION

Section 22a

Definition

For the purposes of issuing a licence for the transfer of military material within the

European Union under this Title, the following definitions shall be used

a) a transfer shall be understood to be any movement of military equipment from a supplier

in one European Union Member State (hereinafter referred to as a “Member State”) to a

recipient in another Member State,

b) a supplier shall be understood to be a legal entity or natural person established in one of

the Member States who is responsible for receipt of the transfer,

c) a recipient shall be understood to be a legal entity or natural person established in one of

the Member States who is responsible for receipt of the transfer,

d) a transfer licence shall be understood to be an authorisation for the supplier to transfer

military material to a recipient in another Member State,

e) a general licence shall be understood to be an authorisation for a supplier to make a

transfer, provided it meets the conditions set out in Section 22b.

Section 22b

General Licence

(1) A legal entity or natural person who has been issued a permit is authorised to carry out transfers, provided

a) the recipient forms part of the armed forces of a Member State or is a public authority

carrying out purchases exclusively for the armed forces of a Member State,

b) the recipient is a legal entity or natural person certified in accordance with the

applicable legal regulations of a Member State, which transpose Directive 2009/43/EC,

c) the transfer is performed for the purpose of demonstrating samples of goods, their evaluation or exhibition, or

d) the transfer is performed for the purpose of maintaining or repairing military

material.

(2) In a case where a general licence under paragraph 1 (b) has been issued and the

certified recipient violates the certification conditions or where there is a risk to public order,

security or the protection of the population, the Ministry shall decide to suspend the transfer

to such a recipient. The Ministry shall inform the relevant authorities in the other

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Member States and the European Commission of this decision.

(3) A general licence under paragraph 1 (c) shall also apply to the provision of

information during training sessions, lectures or seminars, during activities relating to

research, development, construction and design work and production, as well as to transfers of

military material for demonstrations, presentations, exhibitions and trade fairs, for testing,

trials, participation in tenders and for market research. A general licence shall not authorise a

supplier to sell, donate or re-export material to countries outside the European Union. If the

subject of the transfer is not totally depleted or otherwise devalued during its presentation or

exhibition, it must be returned to the territory of the Czech Republic.

(4) Pursuant to paragraph 1 (d), the General licence covers

a) the secondment of experts and transfers of military material during activities related to the

manufacture, repair, installation, failures, repairs, maintenance, servicing, complaints, training

and practice for operators, the operation and control of military material,

b) the transfer of military material which requires maintenance and repair in order to perform

contractually agreed activities. If repair is not possible, faulty items of military material may

be exchanged for new, but the total number of items of military material must be maintained.

Items maintained and repaired must be returned to the territory of the Czech Republic by the

deadline set out in the contract with the recipient.

(5) A supplier who decides to export material from the Czech Republic on the basis of

a general licence, is required to register with the Ministry before making the first transfer. For

this it will notify the Ministry in writing of the

a) type of general licence pursuant to paragraph 1 (a) to (d), which it intends to use and the

duration of its use,

b) its identification details

1. for a natural person, the name(s), surname, date of birth and address of permanent residence

on the territory of the Czech Republic; natural persons engaged in business should also

provide the address of their place of business and their company registration number, if one

has been issued,

2. for a legal entity, the company name or the name and head office of the legal entity, the

company registration number if one has been assigned, and the scope of business.

(6) At the request of the Ministry, the supplier shall promptly, at the latest within 15

days, submit the information pursuant to paragraph 7 on transfers made on the basis of this

general licence.

(7) In the case of a general licence pursuant to paragraph 1 (a) and (b), the supplier is

required to retain data concerning completed transfers for a period of 10 years from the date

on which the transfer was performed. The data must contain

a) the name, company name or name and address of the recipient,

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b) a detailed description of the military material, indicating the number of individual items

and the total price,

c) documentary evidence of a contractual relationship,

d) documentary evidence of final use,

e) a declaration by the recipient that he has received prior information concerning all the

terms and conditions of the transfer; the declaration must include a specification of these

terms and conditions.

(8) In the case of a general licence pursuant to paragraph 1 (b), the supplier is obliged

to verify, prior to the first transfer, that the recipient of the transfer is certified in accordance

with the applicable legal regulations of the recipient’s Member State.

(9) In the case of a general licence pursuant to paragraph 1 (a) and (b), the supplier is

obliged to provide, prior to performing the transfer, a document of final use confirmed by the

recipient in the Member State of the transfer. The document of final use may not be over 12

months old and shall include

a) the name of the Member State on whose territory the military material is to be delivered,

b) the name of the authority that issued it,

c) the company name or trade name or the name(s), surname and address of the head office or

place of business of the applicant,

d) a detailed description of the military material, in particular specifying quantities,

characteristics and value,

e) the date of issue and

f) an anti re-export clause.

(10) The supplier shall inform the Ministry by the ninth day of the month following

the expiration of six months from the transfers performed under this general licence.

(11) Prior to each transfer, the supplier shall draw up a summary of the composition of

the consignment containing a list of the goods transferred, with the name, number, type

(serial, registration numbers), designation and prices of the military material, which will

accompany the consignment.

(12) The supplier is required to inform the Ministry of any changes in the registration

data within 15 days of the date on which they are known.

(13) The Ministry shall publish a list of suppliers operating under a general licence in

a manner that enables remote access thereto.

- 17 -

Section 22c

Aggregate Licence

(1) A legal entity or natural person, who has been granted authorisation, is permitted to

carry out transfers to multiple recipients in one or more Member States on the basis of an

aggregate licence.

(2) The application for the issue of an aggregate licence shall include

a) the authorisation number for trade with military material,

b) the number, item or sub-item from the customs tariff scale combined nomenclature,

c) a designation of the military material according to the list of military material,

d) the proposed period of validity of the licence,

e) the name of the Member State to which the military material is to be transferred, and

f) the designation of the recipients and end-users of the military material.

(3) The Ministry shall render a decision on an application for the allocation of an

aggregate licence within 30 days of its receipt. The provisions of Section 16 shall apply

similarly regardless of whether a binding opinion is required from the Ministry of Foreign

Affairs. The aggregate licence is issued for a period of 3 years, but for no longer than the

period of validity of the permit.

(4) In addition to the standard formalities, the decision on granting an aggregate licence

shall contain

a) the authorisation number for trade with military material,

b) the designation of the military material according to the list of military material,

c) the designation of recipients and end-users of military material,

d) the date, place of issue and period of validity,

e) any other security requirements.

Section 22d

Individual Licence

(1) A legal entity or natural person, who has been granted authorisation, is permitted

to carry out transfers to one specific recipient on the basis of an individual licence.

(2) The application for the issue of an individual licence shall include

- 18 -

a) the authorisation number for trade with military material,

b) the number, item or sub-item from the customs tariff scale combined nomenclature,

c) a designation of the military material with its name according to the list of military

material and the quantity,

d) the proposed period of validity of the licence,

e) the name of the Member State to which the military material is to be transferred, the

company name or trade name and head office, or the name(s), surname and place of business

of the recipient.

(3) The Ministry shall render a decision on an application for the allocation of an

individual licence within 30 days of the date of its receipt. The provisions of Section 16 shall

apply similarly regardless of whether a binding opinion is required from the Ministry of

Foreign Affairs.

(4) In addition to the standard formalities, the decision on granting an individual licence

shall contain

a) the number and item name according to the customs tariff scale combined nomenclature,

b) the name of the military material according to the list of military material and its quantity,

c) the name of the Member State on whose territory the head office, place of business or

residence of the recipient is to be found,

d) the date, place of issue and period of validity of the licence,

e) any other security requirements for the licence.

Section 22e

Common Provisions on Licences for the Transfer of Military Material within the European

Union

(1) For the purposes of this Title, the provisions of Sections 16 to 19 shall apply

similarly, unless otherwise provided for under this Title.

(2) Licences are not required for transfers of military material under this Title if

a) the supplier is the Ministry of Defence or the Ministry of Interior, or

b) the transfer is required for the implementation of cooperative weapons programmes

between Member States.

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Certification

Section 22f

(1) Certification is the procedure whereby the Ministry determines the reliability of the

recipient in terms of its ability to comply with restrictions on the import of military material

based on a transfer licence from another Member State.

(2) Compliance with the specified requirements is confirmed by the issue of a

certification of the reliability of the recipient (hereinafter referred to as the “certificate”).

Section 22g

Conditions for Issuing a Certificate

(1) A certificate may be issued on condition the applicant

a) holds a valid permit for foreign trade with military material,

b) places military material or its part, or systems and sub-systems of military material on the

market under its own name or under a brand name,

c) uses military material received under a general transfer licence for its own manufacture

and refrains from its retransfer or re-export, unless for purposes of maintenance or repair, and

confirms this in writing,

d) demonstrates its reliability in accordance with paragraph 3.

(2) The application for the issue of a certificate shall include

a) the company name or the name and head office, or the name(s), surname and address of the

applicant,

b) the registration number of the applicant,

c) the addresses of production units, if these have been established,

d) the name of the manager personally responsible for transfers and exports.

(3) For the purpose of assessing reliability, the application for the issue of a certificate

must be accompanied by

a) the appropriate documentation evidencing relevant experience in activities related to the

management of military material, particularly in terms of compliance with export restrictions,

permits to produce or to market military material and the employment of experienced

management personnel, documentation evidencing relevant industrial activities in the field of

military material, in particular the ability to assemble systems or sub-systems,

- 20 -

b) a written undertaking by the applicant, signed by its authorised representative, confirming

that it will take all necessary steps to observe and enforce any special conditions concerning

the final use and export of each specific component or product that has been received,

c) a written undertaking by the applicant, signed by its authorised representative, that the

competent authorities will take adequate care to provide detailed information concerning the

final users or the end use of each product exported, transported or received by the company

under the licence to transfer from another Member State,

d) a description of the internal programme to ensure compliance with legal standards or the

system to manage transfers and exports used in the company, signed by its authorised

representative; the description must contain detailed information of the organisational,

staffing and technical resources allocated to managing transfers and exports, the chain of

accountability in the structure of the company, internal audit procedures, awareness-raising

and training of employees, measures to ensure physical and technical safety, record keeping

and the traceability of transfers and exports.

(4) The template for the application for the issue of a certificate is set out in the

implementing legal regulation.

Section 22h

Issue of the Certificate

(1) The Ministry shall assess whether the applicant meets the requirements for the issue

of a certificate and, for this purpose, shall request binding opinions from the authorities

involved, which are

a) The Ministry of Interior as regards public order and the safety and protection of the

population,

b) The Ministry of Defence as regards protecting the citizens of the Czech Republic,

c) The General Directorate of Customs as regards compliance with import and export

regulations.

(2) The authorities referred to in paragraph 1 shall issue a binding opinion within 20 days

of receipt of a copy of the application; the binding opinion must include the authority’s

approval or disapproval of the issue of a certificate.

(3) Subject to compliance with requirements, the Ministry shall issue a certificate within

60 days of receipt of the application. In addition to the standard formalities, this shall include

a) the certificate number,

b) the company name or name and address of the head office, or the names and permanent

residence of the applicant, along with a registration number if one has been assigned,

c) the addresses of organisational units to which the certification applies,

- 21 -

d) a declaration of compliance with the requirements listed in Section 22g,

e) the period of validity of the certificate,

f) the date of issue of the certificate, the stamp and signature of the authorised ministry

employee.

(4) The certificate shall be issued by the Ministry in Czech and English. The certificate

shall be issued for a period of 5 years. A certificate issued in another Member State is also

valid on the territory of the Czech Republic.

Section 22i

Obligations of the Certificate Holder

(1) The certificate holder shall be obliged to comply with all the conditions for its issue

during the entire period of its validity.

(2) The certificate holder shall be obliged to inform the Ministry promptly and to

document any changes that have arisen or occurred after the issue of certification and which

might affect the validity or the content thereof. In particular, the certificate holder shall report

a) all significant changes in its industrial activities relating to military material,

b) any changes to the data stipulated in Section 22g para. 2.

(3) At least every 3 years, the Ministry shall monitor the certificate holder’s compliance

with the requirements listed in Section 22g. For the purpose of these controls, the Ministry,

and its designated inspection authority, is entitled

a) to enter the relevant premises of the certificate holder,

b) to inspect and copy records or data relating to products that are exported, transported or

received under the licence to transfer from another Member State.

Section 22j

Expiry of the Certificate

(1) The certificate shall expire

a) on a decision of bankruptcy,

b) on expiry of the certificate’s period of validity,

c) on the death of a natural person,

d) on a decision by the Ministry to terminate the validity of the certificate, if

- 22 -

1. the certificate was issued on the basis of incorrect or incomplete data,

2. the certificate holder no longer meets the conditions for its issue, or

3. it is required in the interests of the security of the Czech Republic, particularly if the

certificate holder has seriously violated the provisions of this Act or the legislation of the

European Union, a legal regulation of a European Union Member State, or an international

treaty by which the Czech Republic is bound, where these regulate trade with or handling of

military material, or

e) on the return of the certificate to the Ministry.

(2) The certificate is non-transferable; on the termination of a legal entity or the death of

a natural person, it shall not be passed on to their legal successor.

(3) In the event the certificate is revoked, the beneficiary is required promptly to inform

its suppliers who operate under a general licence thereof. The Ministry shall provide this

information to the relevant authorities in the other Member States and the European

Commission.

(4) The Ministry shall publish and regularly update the list of certificate holders and

inform the European Commission, the European Parliament and the other Member States

thereof on the European Commission website.

Oversight over the Conduct of Trade in Military Material

Section 23

(1) The Ministry shall oversee adherence to this Act by the legal entities and natural

persons to which a permit for trading in military material has been issued, and by legal entities

and natural persons who can be reasonably assumed to engage in trade in military material,

and by the Ministry of Defence and the Ministry of the Interior, which engage in trade in

military material under Section 12a (hereinafter referred to as an “entity”). The Ministry shall

make a protocol of control findings with respect to the oversight thus conducted.

(2) The entities overseen in accordance with paragraph 1 shall make available to the

employees authorised by the Ministry to carry out the oversight any and all documents

relating to the oversight, and allow them to inspect buildings and goods, to the extent set out

by the Ministry in advance; the integrity of homes shall be guaranteed. Entities to which a

permit for trading in military material has been issued are obliged to inform the Ministry in

writing, within the period stipulated by the Ministry, of any information required by Ministry

concerning trade in military material, in particular to report the use of a granted licence.

(3) The entities subject to oversight shall be entitled to acquaint themselves with the

contents of the protocol of control findings, receive a counterpart of that protocol, and give

their position on the contents of the protocol within the time-period appointed.

(4) The provisions of the preceding paragraphs shall not prejudice the oversight

powers stipulated by special acts. 4)

- 23 -

Section 23a

Oversight by Customs Authorities

(1) Customs authorities shall oversee whether trade in military material is only carried

out by legal entities that have been granted a permit under this Act, and whether it is carried

out to the extent and subject to the conditions set out in the relevant licences.

(2) In carrying out its oversight under paragraph 1, the customs authority may ask a

licence holder to present the original of the licence and to make records in the licence about

significant information concerning circumstances related to its use; records made in the

licence shall be accompanied by the date on which the record was made and information

clearly identifying the person who made the record.

(3) Should the customs authority find that trade in military material is not being

carried out in accordance with this Act or other legal regulations or the conditions set out in

the related licence, it shall inform the Ministry in writing without delay.

(4) For ensuring oversight under paragraph 1, the Ministry shall provide to the General

Customs Directorate, to the extent necessary, information about licences granted under this

Act. The General Customs Directorate shall provide to the Ministry information that has

arisen during the activity of customs authorities that was related to the use of licences granted

under this Act.

Securing Military Material

Section 23b

(1) A customs authority may secure military material if it can be reasonably assumed

that the military material was used or intended for committing an administrative offence or

that it was obtained through an administrative offence or in exchange for an item obtained

through an administrative offence.

(2) In securing military material under paragraph 1, the customs authority shall

proceed such as to not restrict the rights of third parties, beyond the extent necessary to fulfil

the purpose of the securing.

Section 23c

(1) The customs authority shall issue a decision concerning the securing of military

material. An appeal against that decision shall not have a suspensory effect.

(2) In its decision on the securing of military material, it shall state the reasons for

which the military material is being secured and shall also state that the decision on securing

military materials shall have the effects of a decision on security for the fulfilment of an

obligation under Section 147 para. 6 of the Administrative Code, unless a fine is paid.

- 24 -

(3) If it has reason to do so, the customs authority in issuing a decision under

paragraph 2 can state that it shall leave the military material with the person who owns or

holds the material; that person must not use the military material, transfer it to another person,

or make any other dispositions with it.

Section 23d

(1) The person to whom a decision about the securing of military material has been

delivered shall relinquish that military material to the customs authority, unless the customs

authority proceeds in accordance with Section 23c para. 3.

(2) If the military material is not relinquished at the request of the customs authority,

the customs authority may remove the customs material from the possession of the person

who has it.

(3) An official record shall be made of the relinquishing or removing of military

material, in which a description of the military material shall be provided. The customs

authority shall issue a confirmation of the relinquishing or taking away of the military

material for the entity that relinquished the military material or from which it was removed.

Section 23e

If the secured military material is no longer required for further proceedings, and its

forfeiture or confiscation are not feasible in proceedings concerning the administrative

offence or their sale or other use, it shall be returned to the person from whom it was secured.

Section 24

(1) The Ministry may request information from all state authorities concerning persons

engaged in trade in military material and persons requesting a permit for such trade, as well as

about their business activities, provided they are related to trade in military material. The

provision of such information shall be governed by special legal regulations 5).

(2) The Ministry shall provide, without undue delay

a) to the authorities concerned by this Act

1. the information stated in an application for a permit or a licence,

2. the information stated in a final decision on the issuance or non-issuance of a permit,

3. the information stated in a final decision on the non-issuance, suspension of exploitation,

cancellation of suspension of exploitation or withdrawal of a licence,

4. the information about the cessation of a permit,

b) to the General Customs Directorate

1. the information stated in a final decision on the issuance or non-issuance of a permit,

2. the information stated in a final decision on the non-issuance, suspension of exploitation,

cancellation of suspension of exploitation or withdrawal of a licence,

3. the information about the cessation of a permit,

- 25 -

c) to the Ministry of Defence, in addition to the data and information listed under (a), also

information about inspections on the trade in important military material and information

about oversight or about securing military material under Section 23 through 23e,

d) to the Czech Authority for the Testing of Weapons and Ammunition, information about

any licences issued in cases when the subject of foreign trade is products subject to

verification under a special legal regulation 5a).

PART FIVE

ADMINISTRATIVE OFFENCES

[Heading deleted]

Section 25

Administrative Offences of Legal Entities and Natural Persons engaged in Business

(1) A legal entity has committed a legal offence by trading in military material without

a permit under Section 6 para. 1 or without a licence under Section 14 para. 1.

(2) A legal entity or a natural person engaged in business applying for a permit has

committed an administrative offence by

a) stating in its application for a permit under Section 9 para. 1 incorrect or incomplete

information that is required for the issuance of the permit, or

b) presenting background documents under Section 9 para. 2, that were changed without an

authorisation or forged.

(3) A legal entity or a natural person engaged in business to which a permit has been

issued has committed an administrative offence by

a) failing to inform the Ministry of a change under Section 10 (2) or failing to document

that change, or

b) changing information in the permit,

c) carrying out a transfer to a single specific recipient without an individual licence

pursuant to Section 22d or to multiple recipients in one or more Member States

without an aggregate licence pursuant to Section 22c, or

b) carrying out a transfer on the basis of a general licence in breach of Section 22b.

(4) A legal entity or a natural person engaged in business to which a permit has been

issued and which is applying for a licence has committed an administrative offence by

a) stating in its application for a licence under Section 15 para. 3, Section 22c para. 2 or

Section 22d para. 2 incorrect or incomplete information that is required for the granting of a

licence, or

- 26 -

b) presenting background documents under Section 15 para. 4 that were changed without an

authorisation or forged.

(5) A legal entity to which a licence has been granted has committed an administrative

offence by

a) failing to meet the obligation to inform about the use of a licence under Section 17 para. 1,

b) changing the information in the licence, including the records of customs authorities, or

c) failing to meet the obligation to return the original of the licence under Section 17 para. 2

or the obligation to inform under Section 17 para. 3.

(6) A legal entity or natural person engaged in business who request the issue of a

certificate pursuant to Section 22g para. 2, shall commit an administrative offence by

a) including in the application for the issue of a certificate incorrect or incomplete

information required for its issue, or

b) submitting documentation pursuant to Section 22g para. 3 changed without an

authorisation or forged.

(7) A legal entity or natural person engaged in business who has been issued a

certificate pursuant to Section 22f paras. 1 and 2, shall commit an administrative offence by

a) failing to report and provide evidence of all changes that have occurred since the issue of

the certificate and which may affect the validity or the content thereof, in breach of Section

22i, or

b) changing the information in the certificate.

(8) The following fines shall be imposed for administrative offences

a) of up to CZK 50,000,000 in the event of an administrative offence under paragraph 1 or

paragraph 3 (c) or (d),

b) of up to CZK 15,000,000 in the event of an administrative offence under paragraph 5 (a) or

(b),

c) of up to CZK 5,000,000 in the event of an administrative offence under paragraph 2,

paragraph 3 (a) or (b), paragraph 4, paragraph 5 (c), paragraph 6 or 7.

Section 26

Forfeiture of Military Material

(1) The forfeiture of military material may be imposed separately or in conjunction

with a fine if the military material belongs to a legal entity or a natural person engaged in

business that has committed an administrative offence and the military material was

- 27 -

a) used or intended for the commitment of the administrative offence, or

b) obtained through an administrative offence or obtained in exchange for an item obtained

through an administrative offence.

(2) Forfeiture of military material cannot be imposed if its value is disproportionate to

the nature of the administrative offence.

(3) The State shall become the owner of forfeited military material.

Section 27

Confiscation of Military Material

(1) If the forfeiture of military material under Section 26 has not been imposed for an

administrative offence, a decision may be made to confiscate such military material if

a) it belongs to a legal entity or a natural person engaged in business that cannot be punished

for an administrative offence, or

b) it does not belong to the legal entity or the natural person engaged in business that

committed the administrative offence or does not belong to it fully,

and if it is required by the safety of persons or property or another general interest.

(2) A decision to confiscate military material may not be made if its value is

disproportionate to the nature of the administrative offence, or if 6 years have passed since the

conduct that manifests signs of an administrative offence.

(3) The State shall become the owner of confiscated military material.

Section 27a

Common Provisions

(1) A legal entity or a natural person engaged in business shall not be liable for an

administrative offence if it proves that it has exerted all reasonable efforts to prevent the

breach of the legal obligation.

(2) In determining the penalty for a legal entity or a natural person engaged in

business, the seriousness of the administrative offence shall be taken into account, in

particular the manner in which it was committed, and its consequences and the circumstances

under which it was committed.

(3) The liability of a legal entity or a natural person engaged in business for an

administrative offence shall cease to exist if the administrative authority has failed to

commence proceedings with respect to it within 4 years from the day on which it learned of it,

but no later than 10 years from the day on which it was committed.

- 28 -

(4) In the first instance, administrative offences under Section 25 paras. 1 to 4, Section

25 para. 5 (a) and (c) and Section 25 paras. 6 and 7 shall be reviewed by the Ministry and

administrative offences under Section 25 para. 5 (b) shall be reviewed by the customs

authority in the first instance.

(5) Fines shall be collected by the authority that imposed them. The income from

fines shall constitute income of the national budget.

PART SIX

Supplementation of Act No. 455/1991 Coll., on Licensed Trades (the Trade Licensing Act), as

amended

Section 28

In Section 3 para. 2 of Act No. 455/1991 Coll., on Licensed Trades (the Trade

Licensing Act), as amended by Act No. 231/1992 Coll., Act No. 591/1992 Coll., Act No.

600/1992 Coll., and Act No. 273/1993 Coll., paragraph (m) shall be supplemented, with the

following wording: "(m) Foreign trade in military material.".

PART SEVEN

[Abolished]

Section 29

[Abolished]

PART EIGHT

Common, Interim, and Concluding Provisions

Section 30

If the positions of the authorities concerned, under Sections 6 and 16, and the

information provided on the basis of Section 24, contain confidential information 2a), the

parts of the file containing such information shall be kept separately from the file.

Section 30a

(1) In judicial proceedings conducted on the basis of an action challenging a decision

issued under this Act, evidence shall be reviewed such as to respect the obligation to keep

confidential any confidential information contained in the positions of the authorities

concerned, provided under Sections 6 and 16, as well as the information provided on the basis

of Section 24. Evidence in the form of witness testimony may only be obtained with respect

- 29 -

to these facts if the person bound by the obligation of confidentiality has been released from

that obligation by the relevant authority; a release from the obligation of confidentiality shall

not be possible in cases when the activities of intelligence services or the Police of the Czech

Republic may be compromised or seriously disrupted; this provision shall be applied similarly

in cases when evidence is being obtained by means other than witness testimony.

(2) The authority that provided the information shall mark the facts listed in paragraph

(1), about which it claims that a release from confidentiality is impossible with regard to

them, and the chairman of the judicial panel shall rule that the parts of the file to which these

facts relate shall be kept separate, for otherwise the activities of intelligence services or the

Police of the Czech Republic may be compromised or seriously disrupted.

Section 31

(1) Legal entities that hold valid official permits for trading in military material as at

the effective date of this Act may continue to engage in that trade for six months after the

effective date of this Act; in that period, they shall be obliged to submit an application for a

permit in accordance with Part Two of this Act, to which the provision of Section 9 para. 3

applies, even though the legal entity is inscribed in the Commercial Registry. Should they fail

to do so, the existing official permit for trading in military material shall cease to exist with

the expiration of that time-period.

(2) Employees and officers in a service relationship to the state authorities listed in

Section 24 para. 2 who are taking part in implementing this Act, and are obliged to maintain

confidentiality under the previous paragraph, must not be employed by a legal entity entitled

to engage in trade in military material, for the three years after the termination of their

employment or service relationship.

Section 32

(1) Any valid official permit issued under existing legislation 6) shall be deemed to

constitute a licence under this Act.

(2) Legal entities that hold valid official permits for trading in military material as at

the effective date of this Act may continue to engage in that trade for six months after the

effective date of this Act; in that period, they shall be obliged to submit an application for a

permit in accordance with Part Two of this Act, to which the provision of Section 9 para. 3

applies, even though the legal entity is inscribed in the Commercial Registry. Should they fail

to do so, the existing official permit for trading in military material shall cease to exist with

the expiration of that time-period.

Section 33

The Ministry, upon agreement with the Ministry of Foreign Affairs, Ministry of

Defence and Ministry of the Interior, shall issue a regulation to implement Section 5 para. 3,

Section 9 para. 3, Section 15 para. 7, Section 17 para. 1, Section 20 para. 4 and Section 22g

para. 4 of this Act.

- 30 -

Section 34

This Act shall take effect on 1 April 1994.

Uhde m.p.

Havel m.p.

Klaus m.p.

Selected provisions of amendments

Article XXIV of Act No. 413/2005 Coll.

Interim Provisions

Legal entities holding permits for foreign trade in military material that have

established a supervisory board shall present to the Ministry documents under Section 7 para.

1 (b) for each member of the supervisory board, within 8 months of the effective date of Act

No. 412/2005 Coll., on the Protection of Confidential Information and on Security

Competence.

Article II of Act No. 220/2009 Coll.

Interim Provisions

Proceedings on applications filed before the date this Act comes into force shall be

completed pursuant to Act No. 38/1994 Coll., in the wording applicable on the day this Act

entered into force.

Article II

(2) Interim Provisions

Proceedings concerning the issuance of a permit or the granting of a licence commenced

before the effective date of this Act shall be completed in accordance with Act No. 38/1994

Coll., as amended as at the effective date of this Act.

____________________

1) Section 21 para. 2 of Act No. 513/1991 Coll., the Commercial Code, as amended.

- 31 -

1a) Act No. 361/2003 Coll., on the Service Relations of the Members of Security Forces, as

amended.

1b) Act No. 239/2000 Coll., on the Integrated Rescue System and on Amending Certain Acts,

as amended.

1c) Act No. 111/1998 Coll., on Institutions of Higher Education and Amending and

Supplementing Other Acts (the Act on Institutions of Higher Education), as amended.

1d) e.g., Treaty on the Non-Proliferation of Nuclear Weapons, announced under No. 61/1974

Coll., Convention on the Prohibition of the Development, Production, Stockpiling, and Use of

Chemical Weapons, and on their Destruction, announced under No. 14/2009 Coll. Int. Tr.,

Act No. 19/1997 Coll., on Certain Measures Connected to the Prohibition of Chemical

Weapons and on Changing and Supplementing Act No. 50/1976 Coll., on Zoning and

Building Rules (the Building Code), as amended, Act No. 455/1991 Coll., on Licensed Trades

(Trade Licensing Act), as amended, and Act No. 140/1961 Coll., Criminal Code, as amended,

as amended, Convention on the Prohibition of the Development, Production and Stockpiling

of Bacteriological (Biological) and Toxin Weapons and on their Destruction, announced

under No. 96/1975 Coll., Act No. 281/2002 Coll., on Certain Measures Related to the

Prohibition of Bacteriological (Biological) and Toxin Weapons and on Amending the Trade

Licensing Act, as amended.

1e) Act No. 305/1999 Coll., on the Prohibition of the Use, Stockpiling, Production, and

Transmission of Anti-personnel Mines and on Their Destruction and on Amending Act No.

140/1961 Coll., the Criminal Code, as amended, as amended by Act No. 41/2009 Coll.

1f) Convention on Prohibitions or Restrictions on the Use of certain Conventional Weapons

which may be deemed to be excessively Injurious or to have Indiscriminate Effects,

announced under No. 21/1999 Coll.

2) Section 2 para. 1 (a) and (b) of Act No. 451/1991 Coll., Setting out certain further

Prerequisites for the Holding of Certain Positions in State Authorities and Organisations of

the Czech and Slovak Federal Republic and the Czech Republic and the Slovak Republic.

2a) Act No. 412/2005 Coll., on the Protection of Confidential Information and on Security

Competence.

3) Section 4 para. 1 of Act No. 451/1991 Coll.

3a) Council Regulation (EEC) No. 2658/87 of 23 July 1987 on the Tariff and Statistical

Nomenclature and on the Common Customs Tariff, as amended by Commission Regulation

(EC) No. 2031/2001 of 6 August 2001.

3b) Section 102 of the Customs Act.

4) e.g., Act of the Czech National Council No. 13/1993 Coll., the Customs Act.

5) e.g., Act No. 153/1994 Coll., on the Intelligence Services of the Czech Republic, as

amended.

- 32 -

5a) Act No. 156/2000 Coll., on the Verification of Firearms, Ammunition and Pyrotechnical

Items and on amending Act No. 288/1995 Coll., on Firearms and Ammunition (the Firearms

Act), as amended by Act No. 13/1998 Coll., and Act No. 368/1992 Coll., on Administrative

Fees, as amended, as amended.

6) Regulation of the Federal Ministry of Foreign Trade No. 560/1991 Coll., on the Conditions

for Issuing Official Permits for the Import and Export of Goods and Services, as amended.