Legal basis, licensing procedures, contacts

 

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The Department of International Control Regimes is responsible for the authorization procedure in business with dual—use goods and technology. Dual—use goods and technology are products that may be used both for civil and military purposes. Given their sensitive nature, foreign trade in these commodities is monitored by international control regimes in which the Czech Republic participates with the aim of maintaining an active and responsible approach to the fulfilment of their principles in the field of the multilateral exchange of goods(the Wassenaar Arrangement, Nuclear Suppliers Group, Australia Group, and Missile Technology Control Regime).

Guidelines of the mentioned international control regimes do not generally prohibit or restrict the legal export of controlled goods. However, individual supplies are not permitted if there is a risk that they might be used for the purposes of the unwarranted stockpiling of conventional weapons and for the proliferation of weapons of mass destruction.

EC legislation and implementing national legislation are applied in accordance with the principles of the controls of dual—use goods and technology.

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 Legislation

Council Regulation (EC) No 1334/2000 [doc, 77 kB]

Council Regulation (EC) No 1167/2008

Act No 594/2004 [doc, 87 kB]

Governmental Order No 595/2004 [doc, 27 kB]

Basic legislation — Council Regulation (EC) No 1334/2000, setting up a Community regime for the control of exports of dual—use items and technology, as amended by related regulations, especially Council Regulation (EC) No 1167/2008, updating Annex I to Annex IV, including the list of controlled items (Annex I). These regulations are directly applicable in the Czech Republic in the field of export control.

Relating legislation — Act No 594/2004 Coll., implementing the regime of the European Communities for the control of exports of dual—use items and technology, and Governmental Order No 595/2004 Coll., appointing application forms for individual and global export authorizations and application forms for an international import certificate for dual—use items and technology. This act nalso implements measures adopted by Council Joint Action (2000/401/CFSP) of 22 June 2000 concerning the control of technical assistance related to certain military end—uses (§ 12 of the act).

In cases where the foreign partner requires a state guarantee an international import certificate can be issued (also in English) based on an application only. A specimen application form for an international import certificate  constitutes Annex 2 of Governmental Order No 595/2004 Coll.

For transfers of some dual—use goods and technology among EU member countries authorization is required. These items are listed in Annex IV of Council Regulation (EC) No 1167/2008.

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Individual and global authorizations

Export means the supply of controlled goods to non—Community countries. In cases to which the Community’s general export authorization does not apply, it is necessary to apply for an individual or global export authorization. Exports also include the transmission of software or technology by electronic media, fax, or telephone to destinations outside the Community. A list of these controlled items is the subject of Annex I of Council Regulation (EC) No 1167/2008.

A specimen application form for an individual or global export licence is given in Annex I of Governmental Order No 595/2004 Coll.

The application form for export authorizations, as given in Annex 1 to Governmental Order No 595/2004 Coll., is also used in the case of applications for the authorization of intra—Community transfers of dual—use items.

An authorization is issued by the Licensing Office of the Ministry of Industry and Trade — Department of International Control Regimes and can be submitted to any customs office where customs proceedings take place, not only in the Czech Republic, but in any other Member State.

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General authorizations

For exports to set non—EU countries, such as Japan, the USA, Switzerland, etc. of certain controlled dual—use items, in the scope appointed by the Council Regulation, the Community’s general export authorization EU 001 applies as set forth in Council Regulation (EC) No 1167/2008 — Annex II.

Exporters wishing to export on the basis of the Community’s general export authorization EU 001 have to register themselves in accordance with Act No 594/2004 Coll. (Section 4 — ex ante registration). The recommended form (only in Czech) is given in a separate file on this website.

No national general export authorization has been issued in the Czech Republic.

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Sanctions

In the event of a breach of any provision of the Council Regulation or Act No 594/2004 Coll., implementing the regime of the European Communities for the control of exports of dual—use items and technology, the exporter or any other person may be penalized in accordance with Section 17(2) or Section 18(2) of this Act, or in accordance with Section 124a, 124b, or 124c of Act No 40/1961 Coll., as amended (the Criminal Code).

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Where authorization applications are processed, how applications are submitted, contact information

Authorization applications are handled by the Licensing Office of the Ministry of Industry and Trade, Department of International Control Regimes, Dittrichova 21, Praha 1. Mailing address: Na Františku 32, Praha 1, 110 15.

Exporters submit applications for an individual or global authorization in writing on the prescribed form. Applications must be supported by a proposal for the conclusion of a contract, or by a concluded contract, between the exporter and the foreign partner containing a precise specification of the goods, the original or an officially certified copy of a certificate of incorporation not more than 90 days old, an import certificate or an end use statement (EUC), authorization from the State Nuclear Safety Office in the case of nuclear items, and other documents (Section 8 of Act No 594/2004 Coll.).

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Contact officers:

Head of unit:

Libuše Čudová, phone: 224907638, fax: 224214558, e—mail: cudova@mpo.cz

Unit officers:

Věra Vacková, phone: 224907632, e—mail: vackova@mpo.cz

Viera Císařová, phone: 224907634, e—mail: cisarova@mpo.cz

Elena Marešová, phone: 224907640, e—mail: maresova@mpo.cz

Zora Ondrejčíková, phone: 224907639, e—mail: ondrejcikova@mpo.cz