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What is required for transfer of defence related products to the territory of Bulgaria? |
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“Transfer” shall mean any transmission or movement of defence-related products or dual-use items, or technical assistance, from and to the territory of the Republic of Bulgaria, without leaving the customs territory of the Community, from a supplier to a recipient in another Member State.
Transfer 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.
². The persons referred to item 1 may receive defence-related products from a supplier holding an individual or a global transfer authorisation issued by the originating Member State after such transfer is registered by the Minister of Economy, Energy and Tourism.
²². The persons referred to item 1 may receive defence-related products indicated in a general transfer authorisation issued and published by the originating Member State after they obtain a certificate of recipient issued by the Interministerial Council, and after declaring such transfer to the Ministry of Economy, Energy and Tourism.
²²². The bodies referred to item 2 may receive defence-related products from the territory of the originating Member State after declaring such transfer to the Ministry of Economy, Energy and Tourism.
Certificate of recipient of defence related products
Applicants for a certificate of recipient shall submit to the Interministerial Council:
1. an application form ¹5;
2. a unique identification number in accordance with Article 23 of the Trade Register Act;
3. a security clearance certificate issued by the State Agency for National Security to the natural persons designated to participate in the relevant activity;
4. 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 notarised specimen of their signatures;
5. an extract from the judicial record concerning the sole trader, general manager, executive director, authorised 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;
6. a notarised specimen of the signature of the sole trader, general manager, executive director or authorised representative;
7. a certificate issued by the relevant territorial entity of the National Revenue Agency attesting to the absence of any outstanding tax liabilities;
8. a statement by the sole trader, general manager, authorised 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 recognised before the relevant enforcement authority;
9. a statement by the sole trader, general manager, authorised 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;
10. 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;
11. a receipt for state fee paid.
12. a copy of any authorisation to produce or commercialise defence-related products granted in accordance with the Weapons, Ammunition, Explosives and Pyrotechnic Articles Act, where the defence-related products subject of transfer fall within its scope, or addresses of manufacturing sites or storage facilities for defence-related products;
13. documents providing information about the production capacity for system/sub-system integration of the defence-related products received under a transfer authorisation;
14. a written commitment signed by a senior executive responsible for transfers and exports that the undertaking:
a) will take all necessary steps to observe and enforce all specific conditions related to the end-use and export of any specific component or product received;
b) will comply with all export restrictions on defence-related products received under a transfer authorisation;
c) will provide to the competent authorities detailed and comprehensive information in response to requests and inquiries concerning the end-users or end-use of all products exported, transferred or received by the undertaking under a transfer authorisation from another Member State;
15. a description of the internal compliance programme or transfer and export management system approved by the person referred to in subparagraph 5. This description shall provide details of the organisational, human and technical resources allocated to the management of transfers and exports, the chain of responsibility within the undertaking, internal audit procedures, awareness-raising and staff training, physical and technical security arrangements, record-keeping and traceability of transfers and exports.
Certificate of transfer of defence related products to the territory of Republic of Bulgaria.
The bodies referred to item 1 may receive defence-related products from a supplier holding an individual or a global transfer authorisation issued by the originating Member State after such transfer is registered by the Minister of Economy, Energy and Tourism.
To obtain a certificate of transfer 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 transfer in five copies– form ¹29;
2. a copy of a document, certifying the foreign trade relations (contract, invoice, proforma invoice); the document has to include the participants, description, quantity and terms of delivery of the defence related products;
3. a written statement.
The persons referred to item 1 may receive defence-related products indicated in a general transfer authorisation issued and published by the originating Member State after they obtain a certificate of recipient issued by the Interministerial Council, and after submitting a declaration for transfer to the Ministry of Economy, Energy and Tourism.
IMPORTANT: The declaration has to be submitted no later than 7 working days before the date of delivery.
The persons referred to item 2 may receive defence-related products after submitting a declaration for transfer to the Ministry of Economy, Energy and Tourism.
IMPORTANT: The declaration has to be submitted no later than 7 working days before the date of delivery. |
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