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What is required for transfer of defence related products from the territory of Bulgaria? |
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"Transfer from the Republic of Bulgaria" is conveyance of defence related products or technical assistance from the territory of the country to the territory of another country without leaving the customs territory of the Community.
Transfers of defense related products, from the territory of Bulgaria may be done 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 transfer defence-related products from the territory of the Republic of Bulgaria to another Member State after they obtain a certificate of registration of transfer issued by the Interministerial Council, and a general, global or individual transfer licence issued by the Interministerial Committee.
The persons under item 2 may supply defence related products of the territory from the Republic Bulgaria to the host Member State after registration of transfer by the Minister of
Economy.
Certificate of registration of transfers of defense related products is issued by the Interministerial Council on Defense Industry and Security of Supply with an initial validity period of one year. After this period, any subsequent transfer certificate is issued for a period of three years.
The persons under item 1 applying for a certificate of registration of transfer shall submit to the Interministerial Council the following documents:
1. a filled-in application form;
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.
An individual transfer licence shall be granted to a person referred to item 1 to authorize one transfer of a specified quantity of defence related products to be transmitted in one or several partial shipments to a specified recipient in a Member State on the grounds of contractual relations between the supplier and the recipient.
The period of validity of the individual transfer licence shall not exceed two years and may be extended once for a period of one year.
To obtain an individual transfer licence of defence related products, the applicant shall submit the following documents to the Interministerial Commission:
1. a filled-in application form;
2. a filled-in form 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, or end-user statement; The document have 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 (broker, forwarder, carrier, etc.);
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 transfer licence shall be granted to a person referred to item 1 to authorize transfers of specified types or categories of defence related products to several recipients in one or more Member States. The period of validity of the global transfer authorization shall be three years and may be extended once for the same period of time.
To obtain a global transfer authorization of defence related products, the applicant shall submit the following documents to the Interministerial Commission:
1. a filled-in application form;
2. a filled-in form 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 authority of the countries of the end-users, or end-user statements; The documents have to include the participants, description, quantity and end use of the defence related products.
5. a copy of a documents, certifying the foreign trade relations (contracts or orders), as well as a documents, verifying the participation in the transaction of persons other than the foreign importer and/or end-use (broker, forwarder, carrier, etc.);
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 national general transfer licence shall be granted by the Interministerial Commission and published on the website of the Ministry of Economy, where:
1. the recipient is part of the armed forces of a Member State or a contracting authority in the field of defence, purchasing defence related products for the exclusive use by the armed forces of a Member State;
2. the recipient is certified as a recipient of defence-related products in accordance with the national laws of a Member State;
3. the transfer is made for the purposes of demonstration, evaluation or exhibition;
4. the transfer is made for the purposes of maintenance and repair of defence-related products, if the recipient is their originating supplier;
5. the transfer is made for the purposes of execution of an intergovernmental cooperation programme concerning the development, production and use of one or more defence-related products to other Member States which participate in that programme.
Within 10 days before the planned date of each transfer according to an issued national general licence of transfer the consigner must submit to the Interministerial Commission a declaration form.
The natural and legal persons registered in accordance with the Commerce Act may transfer defence-related products from the territory of the Republic of Bulgaria to another Member State after they obtain a certificate of registration of transfer issued by the Interministerial Council, and after such transfer is registered by the Minister of Economy or by duly authorized officials, where:
1. the recipient is a governmental body in a Member State;
2. the transfer is made within the structures of the European Union, NATO, IAEA or other intergovernmental organisations for the performance of their tasks.
To obtain a certificate of transfer of defence related products, the applicant shall submit the following documents to the Interministerial Commission:
1. a filled-in certificate of transfer – form;
2. a original of document, issued by the end-user, certifying the circumstances under Article 6, para 4 of the Export Control Act; the document have to include the participants, description and quantity of the defence related products.
3. a copy of the documents, certifying the origin, acquisition, technical characteristics and functional purpose of the defence related products;
4. a receipt for state fee paid. |
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