||What is required for export?
With Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items referred to hereinafter as Regulation 428/2009, a Community regime for control of exports, transfer, brokering and transit of dual-use items is introduced. Export of dual-use items and technology may be done by all persons and it is not necessary to be registered pursuant to the Commerce Act.
Dual-use items and technologies, which are export controlled and which export requires an export licence, are listed in Annex I to Regulation ¹ 428/2009. Note: The updated List of dual-use items and technology is published in Annex I to Regulation 1382/2014, adopted on 22 October 2014. Also you should consider the exemptions, as set forth in the Defence-Related Products and Dual-Use Items and Technologies Export Control Act , which also require an export licence, as follows:
• dual-use items, not listed in Annex I to Regulation (EC) ¹ 1382/2014, when the provisions of art. 4, paragraphs 1 – 5 of the same Regulation are applicable. For instance, when the items in question are or may be intended, in their entirety or in part, for use in connection with the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or other nuclear explosive devices or the development, production, maintenance or storage of missiles capable of delivering such weapons, or if the purchasing country or country of destination is subject to an arms embargo decided by a common position or joint action adopted by the Council or a decision of the OSCE or an arms embargo imposed by a binding resolution of the Security Council of the United Nations and if the exporter has been informed by the authorities referred to in paragraph 1 that the items in question are or may be intended, in their entirety or in part, for a military end-use.
•dual-use items not listed in Annex I of Regulation 1382/2014, which are specified in an act of the Council of Ministers as threatening public security and human rights. At present there is no such list adopted.
In case that the items you intend to export are listed in Annex I of Regulation 428/2009 you have to register with the Ministry of Economy for export by submitting an application for registration of export and transfer accompanied by below listed documents. The procedure for registration is stipulated in the Regulation on implementation of the Defence-Related Products and Dual-Use Items and Technologies Export Control Act (the Regulation) – see art. 27 of the Regulation.
Documents required to be submitted to the Ministry of Economy for registration:
1. a filled-in application - Form ¹ 34;
2. a unique identification number in accordance with Article 23 of the Trade Register Act;
3. 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;
4. 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;
5. a notarized specimen of the signature of the sole trader, general manager, executive director or authorized representative;
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 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;
8. 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;
9. 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;
10. a receipt for state fee paid.
Once the registration has been processed, you will be given a certificate for registration of export and transfer of dual-use items issued by specimen - Form ¹ 35, valid for 5 years, on expiration of which every next registration shall be for the same period. In case of change in the circumstances, under which the certificate has been issued, you must submit an application with the Ministry of Economy within 14 days after such change has occurred.
Once you have been registered for export and transfer and hold a certificate for registration, you may submit an application for an export licence of dual-use items and technologies.
Types of export licences:
1.Individual export licence – valid for up to 1 year, subject to one extension up to 6 months.
The individual export authorization is issued in the form of Form ¹ 40 for a given country by one delivery or by partial deliveries pursuant to trade relations between the exporter and the foreign counter party.
2. Global export licence – valid for up to 2 years, subject to one extension up to 1 year.
The global export licence is issued in the form of Form ¹ 41 for export of a given type or category of dual-use items stated in Annex I except for the items, mentioned in part 2 of Annex II of Regulation 428/2009, which is valid for export to one or more countries of dual-use items stated in part 1 of Annex IV of Regulation 428/2009.
3. National general export licence – issued by the Interministerial Commission and published on the webpage of the Ministry of Economy. The national general export licence is issued for export of dual-use items of Annex I, except for the items mentioned in part 2 of Annex IV of Regulation 428/2009. The scope and conditions of its use are defined by the Interministerial Commission. Note: When issuing a general export licence, the Interministerial Commission notifies the exporters that the licence may not be used when the items are or may be designed, in full or in part, for use in the cases, provided in art. 4, paragraphs 1 – 5 of Regulation 428/2009 – described above.
4. European Union General Export Authorisations:
• European Union General Export Authorisation ¹ EU001 - exports to Australia, Canada, Japan, New Zealand, Norway, Switzerland (including Liechtenstein) and the United States
Note: this was previously known as the Community General Export Authorisation or CGEA.
• European Union General Export Authorisation ¹ EU002 - export of certain dual-use items to certain destinations
• European Union General Export Authorisation ¹ EU003 - export after repair/replacement
• European Union General Export Authorisation ¹ EU004 - temporary export for exhibition or fair
• European Union General Export Authorisation ¹ EU005 - telecommunications
• European Union General Export Authorisation ¹ EU006 – chemicals
Documents required to be submitted to the Interministerial Commission to obtain an export licence:
1. a filled-in application – Form ¹ 38 or Form ¹ 39 depending on the type of licence;
2. a filled-in form – Form ¹ 40 or Form ¹ 41 depending on the type of licence in five copies;
3. an original end-user certificate or international import certificate, issued by a competent authority of the country of the end-user;
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. copy of the documents, certifying the eligibility of the participants in the transaction to carry out the respective activities;
6. a copy of the documents, certifying the origin, acquisition, technical characteristics and functional purpose of the dual-use items;
7. a receipt for state fee paid.
In case that according to the national laws of the country the document, certifying the eligibility of the participants in the transaction to carry out the respective activities is not issued, submit (as an applicant) to the Interministerial Commission a written statement by the participant to confirm this fact.
Note: When filing an application for a global export licence, you must present documents certifying that for the previous year you have performed and/or will perform in the coming year, on the basis of contractual relations, no less than ten exports of dual-use items, as described in the application, for the consignees stated therein.