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Obligations of the persons dealing with defence related products |
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Persons carrying out activities involving defence-related products in accordance with thе Export Control Act shall be obliged:
1. to implement internal rules on the arrangements and the control of the activities which they carry out in accordance with a procedure laid down in the rules for the implementation of this Act;
2.to keep a separate register of the transactions that they conclude under this Act, and to keep for at least 10 years the commercial, transport and other documents relating to the performance of the relevant activity and containing information and details of the following:
a) the description of the defence-related products, their respective classification according to the Defence related products list and identification as a serial number, certificate, specification;
b) the quantity and value of the defence-related products;
c) the dates of completing the transactions;
d) the name and address of the exporter, supplier and importer or recipient, and of its representative responsible for the performance of the obligations under the transaction;
e) the end-use and the end-user of the defence-related products;
f) documents confirming that the information on export limitations, including such attached to a transfer licence, has been made known to the importer or the recipient of the defence related product;
3. to supply at the request of the controlling authorities the information and the details indicated in subparagraph 2, and to provide assistance where checks are conducted by the said authorities;
4. to submit to the Interministerial Commission within the fixed time limits the information and the documents required under this Act and the rules for its implementation in respect of the performance of the activities authorised by the Commission;
5. to observe the conditions under which the relevant activity was authorised;
6. to notify forthwith any change in the circumstances referred to in subparagraph 2;
7. to place the number of the issued licence or certificate on the documents referred to in subparagraph 2 and on the document submitted to the customs authorities.
Where so required by the Interministerial Commission, the exporters of defence-related products shall be bound to include a clause in foreign sales contracts or a text in sales invoices obliging the importer, recipient and/or end-user not to transfer or re-export defence-related products to other natural and legal persons without the written consent of:
1. the Interministerial Commission or the national competent authority of the relevant State – in case of a subsequent re-export, export or transfer to Participating States of the Wassenaar Arrangement;
2. the Interministerial Commission – in case of exports to States not participating in the Wassenaar Arrangement.
Suppliers of defence-related products shall be obliged to include a clause in foreign sales contracts or a text in sales invoices informing recipients of the terms and conditions attached to the transfer licence and of the restrictions imposed in respect of the end-use or export of defence-related products.
In order to certify end-use and end-users, persons exporting defence-related products to countries not listed in the Annex to the Export Control Act shall submit to the Interministerial Commission end-use and end-user certificates and/or an international import certificate issued by the competent authorities of the country where the end-user is located.
In order to certify end-use and end-users, persons carrying out exports to countries listed in the Annex to the Export Control Act or transfers under an individual or global transfer licence shall submit to the Interministerial Commission end-use and end-user certificates and/or end-use and end-user statement, and/or an international import certificate issued by the competent authorities of the country where the end-user is located.
At the request of the Interministerial Commission, the exporter shall be obliged to include in the contract a clause enabling officials authorised by the Commission to carry out a physical inspection of the shipment in the country where the end-user is located.
At the request of the Interministerial Commission, exporters of defence-related products shall be obliged to submit a certificate of shipment or an equivalent document issued and certified by a competent authority of the country where the end-user is located in order to confirm that a shipment has been made.
When applying for export of defence-related products received as a result of transfer, applicants shall be obliged to declare to the Interministerial Commission the existence of any export limitations attached to the transfer which have been imposed by the Member State issuing the transfer licence, and that they have complied with the terms of those limitations, including by having obtained the required consent from the originating Member State.
Suppliers of defence-related products shall inform in writing the Interministerial Commission of their intention to use for the first time a national general transfer licence published by the Commission within 10 days.
At the request of the controlling authorities under Article 67(1) of the Export Control Act, the suppliers referred to in Article 8(1) shall be obliged to make available a copy of the transfer licence or the grounds for not issuing such an licence.
Exporters of defence-related products shall be obliged to produce an export licence at the customs office where the customs formalities for the export are completed.
The holder of an licence shall be obliged to return to the Interministerial Commission the original of such licence after the transaction is completed or after its period of validity expires but no later than 14 days after the expiration of the validity of the licence. The holder of an licence shall notify the Interministerial Commission where the licence will not be used. In such case the holder concerned shall return the issued licence to the Interministerial Commission prior to the expiration of its period of validity. |
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