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What is required for export of defence related products? |
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“Export” shall mean:
a) an export procedure within the meaning of Article 161 of Regulation (EEC) No 2913/92 (the Community Customs Code);
b) a re-export within the meaning of Article 182 of that Regulation but not including items in transit; and
c) transmission of software or technology by electronic media, including by fax, telephone, electronic mail or any other electronic means to a destination outside the European Community; it includes making available in an electronic form such software and technology to legal and natural persons and partnerships outside the Community. Export also applies to oral transmission of technology when the technology is described over the telephone.
Exports of defence-related products may be carried out by:
1. natural and legal persons registered in accordance with the Commerce Act;
2. units of the central administration of the executive power headed by ministers, the State Agency for National Security, the National Intelligence Service and the National Security Service.
The persons referred to item 1 may export defence-related products after they obtain an activity authorization issued by the Interministerial Council and a export licence granted by the Interministerial Commission.
The bodies referred to item 2 may export defence-related products after the Minister of Economy, Energy and Tourism has registered the exports.
Applicants for export authorization for defence-related products shall submit to the Interministerial Council:
1. an application Form ¹ 1;
2. a unique identification number in accordance with Article 23 of the Trade Register Act;
3. a copy of any authorization to produce or commercialize defence related products granted in accordance with the Weapons, Ammunition, Explosives and Pyrotechnic Articles Act, where the applicants carry out activities falling within its scope;
4. a security clearance certificate issued by the State Agency for National Security to the natural persons designated to participate in the relevant activity;
5. a list of the natural persons designated to participate in the relevant activity accompanied by the curricula vitae of such persons, an extract from the judicial record and a notarized specimen of their signatures;
6. an extract from the judicial record concerning the sole trader, general manager, executive director, authorized representative, the members of the managing and supervisory bodies of the legal person, and where such members are legal persons – their representatives in the relevant managing body;
7. a notarized specimen of the signature of the sole trader, general manager, executive director or authorized representative;
8. a certificate issued by the relevant territorial entity of the National Revenue Agency attesting to the absence of any outstanding tax liabilities;
9. a statement by the sole trader, general manager, authorized representative, the members of the managing and supervisory bodies of the business undertaking that the applicant has no outstanding liabilities to natural and legal persons, where the liability has been recognized before the relevant enforcement authority;
10. a statement by the sole trader, general manager, authorized representative, the members of the managing and supervisory bodies of the business undertaking that they are not associated with persons and organisations which have infringed the normative acts regulating the activities involving defence-related products and dual-use items in the Member States and in third countries;
11. information from the trader about the planned foreign trade activities with foreign partners involving defence-related products for a period of no less than one year;
12. a receipt for state fee paid.
Export licence of defense related products
Export of defence-related products indicated in the List of defence-related products shall be carried out after an individual or global licenceis granted.
An individual licence shall be granted for the export or import to or from a certain country of a single shipment or partial shipments on the grounds of contractual relations between the exporter or importer and a foreign contracting party. The period of validity of the granted licence shall not exceed one year and may be extended once for a period of up to 6 months.
To obtain an individual export licence of defence related products, the applicant shall submit the following documents to the Interministerial Commission:
1. a filled-in application – Form ¹ 9;
2. a filled-in form – Form ¹ 13 in five copies;
3. copy of the documents, certifying the eligibility of the participants in the transaction to carry out the respective activities;
4. an original end-user certificate or international import certificate, issued by a competent authority of the country of the end-user; The document has to include the participants, description, quantity and end use of the defence related products.
5. a copy of a document, certifying the foreign trade relations (contract or order), as well as a document, verifying the participation in the transaction of persons other than the foreign importer and/or end-use;
6. a copy of the documents, certifying the origin, acquisition, technical characteristics and functional purpose of the defence related products;
7. a receipt for state fee paid.
Exception: In case that according to the national legislation of the participant’s country no such document under p. 3 is issued, the applicant shall submit to the Interministerial Commission a written statement by the participant to confirm this fact.
A global licence shall be granted for the export to importers, to one or more countries in accordance with the Annex of the Export Control Act, of certain type or category of defence-related products indicated in the List of defence-related products, with the exception of defence-related products falling within the scope of international treaties and conventions banning the proliferation of weapons of mass destruction, and of defence-related products, whose development, characteristics, use and/or registration fall under the provisions of the Classified Information Protection Act. The period of validity of the granted licence shall not exceed two years and may be extended once for a period of up to one year.
To obtain a global export licence of defence related products, the applicant shall submit the following documents to the Interministerial Commission:
1. a filled-in application – Form ¹ 11;
2. a filled-in form – Form ¹ 14 in five copies;
3. copy of the documents, certifying the eligibility of the participants in the transaction to carry out the respective activities;
4. a original end-user certificates or international import certificates, issued by a competent authorities of the countries of the end-users; The documents have to include the participants, description, quantity and end use of the defence related products.
5. copies of the documents, certifying the foreign trade relations (contract or order), as well as documents, verifying the participation in the transaction of persons other than the foreign importers and/or end-users;
6. copies of the documents, certifying the origin, acquisition, technical characteristics and functional purpose of the defence related products;
7. a receipt for state fee paid.
Exception: In case that according to the national legislation of the participant’s country no such document under p. 3 is issued, the applicant shall submit to the Interministerial Commission a written statement by the participant to confirm this fact.
Important: When submitting an application for a global export licence the applicant shall submit documents certifying that during the previous year he has done and/or will do in the next year not less than 10 exports of defense-related products, which are described in the application, referred to therein recipients.
To obtain a licence of re-export in case of import and export after transfer of defence related products, the applicant shall submit the following documents to the Interministerial Commission (in addition to the above documents):
1. a copy of the written declaration in accordance with art. 9, p. 2, point 6, or art. 10, p. 2, point 6, art. 20, p. 2, point 4, or art. 23, p. 1, and art. 24, p. 2, point 3, or art. 25, p. 1 of the Regulation;
2. written permission for re-export by the competent authority of the country of exporter or
3. declaration by the exporter, certifying that no ban or restriction for re-export of the defence related products.
Certificate of export of defence related products.
The bodies referred to item 2 may export defence-related products after the Minister of Economy, Energy and Tourism has registered the export.
To obtain a certificate of export of defence related products, the applicant shall submit the following documents to the Ministry of Economy, Energy and Tourism:
1. a filled-in certificate of export – Form ¹ 26;
2. a original end-user certificate or international import certificate, issued by a competent authority of the country of the end-user; The document has to include the participant, description, quantity and end use of the defence related products.
3. a copy of a document, certifying the foreign trade relations (contract or order), as well as a document, verifying the participation in the transaction of persons other than the foreign importer and/or end-user;
4. a copy of the documents, certifying the origin, acquisition, technical characteristics and functional purpose of the defence related products;
Exception: In case that according to the national legislation of the participant’s country no such document under p. 3 is issued, the applicant shall submit to the Interministerial Commission a written statement by the participant to confirm this fact. |
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