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What is required for brokering activities with defence related products? |
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„Brokering” shall mean any activity comprising the provision of brokering services;
„Brokering services” shall mean:
a) the negotiation or arrangement of transactions for the purchase, sale or supply of defence related products from a third country to any other third country, or
b) the selling or buying of defence-related products that are located in third countries for their transfer to another third country.
For the purposes of this Act the sole provision of ancillary services is excluded from this definition. Ancillary services are transportation, financial services, insurance or re-insurance, or general advertising or promotion;
„Broker” shall mean any natural or legal person or partnership resident or established in the Republic of Bulgaria that carries out brokering services from the Community into the territory of a third country;
Brokering of defence-related products may be carried out by:
1. natural and legal persons registered in accordance with the Commerce Act;
2. Bulgarian citizens;
3. citizens of other Member States residing on the territory of the Republic of Bulgaria;
4. citizens of the European Economic Area residing on the territory of the Republic of Bulgaria;
5. citizens of a third country who have obtained a permit for permanent residence in the Republic of Bulgaria.
Brokering of defence-related products shall be carried out after a registration by the Interministerial Council and after a licence for brokering activities issued by the Interministerial Commission.
IMPORTANT: The above mentioned provisions shall also apply where the persons referred to in item 1 and 2 carry out brokering activities outside the territory of the Community and where the persons referred to in items 1-5 carry out brokering activities on the territory of the Republic of Bulgaria on behalf of other natural and legal persons.
Certificate of registration of brokering activities with defence related products
I. The natural and legal persons registered in accordance with the Commerce Act applying for a registration of brokering activities shall submit to the Interministerial Council the following documents:
1. a filled-in application form ¹7;
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;
9. 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;
10. 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;
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.
II. The persons under items 2-5 applying for a registration of brokering activities shall submit to the Interministerial Council the following documents:
1. a filled-in application form ¹7;
2. a certified copy of identity document;
3. a notarised specimen of signature;
4. a security clearance certificate issued by the State Agency for National Security to the person;
5. an extract from the judicial record or an equivalent document issued by the country where the person resides permanently;
6. a certificate issued by the relevant territorial entity of the National Revenue Agency attesting to the absence of any outstanding tax liabilities;
7. a statement that the person has no outstanding liabilities to natural and legal persons, where the liability has been recognised before the relevant enforcement authority;
8. a statement that the person is 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;
9. information from the person about the planned foreign trade activities with foreign partners involving defence-related products for a period of no less than one year;
10. a receipt for state fee paid.
Licence for brokering activities with defence related products
Licence for brokering activities with defence related products is issued by the Interministerial Commission to the persons which are registered for brokering activity with defence related products.
To obtain a licence for brokering activity with defence related products, the applicant shall submit the following documents to the Interministerial Commission:
1. a filled-in application – form ¹10;
2. a filled-in form – form ¹20 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 or notarised copy of the export licence;
5. an original of end-user certificate or international import certificate, issued by a competent authority of the country of the end-user or the country of the importer, or their notarised copies;
6. a copy of a document verifying the applicant’s participation in the transaction;
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, 4 and 5 are issued, the applicant shall submit to the Interministerial Commission a written statement by the participant to confirm this fact. |
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