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What is required for import of defence related products? |
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'Import' shall mean any entry into the customs territory of the Republic of Bulgaria of defence related products and dual-use items that have the status of non-Community items, including the assignment of a permitted customs-approved treatment or use following such entry.
Import 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 import defence-related products after they obtain an activity authorization issued by the Interministerial Council and a import licence granted by the Interministerial Commission.
The bodies referred to item 2 may import defence-related products after the Minister of Economy, Energy and Tourism has registered the import.
Applicants for import 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.
Import licence of defense related products
Import of defence-related products indicated in the List of defence-related products shall be carried out after an individual or global licence is granted.
An individual licence shall be granted for the import from a certain country of a single shipment or partial shipments on the grounds of contractual relations between the 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 import 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 15 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 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;
5. a copy of the documents, certifying the origin, acquisition, technical characteristics and functional purpose of the defence related products;
6. a written statement - Form ¹ 17;
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 import from exporters, from 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 import licence of defence related products, the applicant shall submit the following documents to the Interministerial Commission:
1. a filled-in application – Form ¹ 12;
2. a filled-in form – Form ¹ 16 in five copies;
3. copies of the documents, certifying the eligibility of the participants in the transaction to carry out the respective activities;
4. copies of 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 exporters;
5. a copy of the documents, certifying the origin, acquisition, technical characteristics and functional purpose of the defence related products;\
6. a written statement - Form ¹ 17;
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 import authorization 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 imports of defense-related products, which are described in the application, referred to therein recipients.
Certificate of import of defence related products.
The bodies referred to item 2 may import defence-related products after the Minister of Economy, Energy and Tourism has registered the import.
To obtain a certificate of import 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 import – Form ¹ 27;
2. 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 exporter;
3. a copy of the documents, certifying the origin, acquisition, technical characteristics and functional purpose of the defence related products;
4. a written statement - Form ¹ 17. |
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