||What is required for transfer on the territory of the Republic of Bulgaria for the territory of other country of the Community?
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. Transfer 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.
Subject to control is the outgoing transfer of dual-use items and technologies, i.e. the transfer from the territory of the Republic of Bulgaria to the territory of other European Union country.
Dual-use items and technologies that are under control at transfer and for which a transfer licence is required are listed in Annex IV to Regulation 428/2009.
To be able to make transfer you have to register with the Ministry of Economy, Energy and Tourism by submitting an application for registration of export and transfer accompanied by below described 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) – art. 31 of the Regulation.
Documents required to be submitted to the Ministry of Economy, Energy and Tourism for registration:
1. a filled-in application - Form № 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 issued by specimen - Form № 35, valid for 3 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 file an application with the Ministry of Economy, Energy and Tourism 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 a transfer licence of dual-use items and technologies.
Types of transfer licences:
1. Individual transfer licence – valid for 1 year, subject to one time extension up to 6 months.
The individual transfer licence is issued in the form of - Form № 42.
2. Global transfer licence – valid for 2 years, subject to one time extension up to 1 year.
The global transfer licence is issued in the form of - Form № 43, for transfer within the Union of a specific type or category of dual-use items specified in part 1 of Annex IV of Regulation 428/2009.
3. General transfer licence –issued and published by the Interministerial Commission for transfer within the Union of dual-use items specified in part 1 to Annex IV of Regulation 428/2009.
Note: for transfer within the Union of dual-use items mentioned in part 2 of Annex IV of Regulation 428/2009 no general transfer licence is issued.
Documents required to be submitted to the Interministerial Commission for obtaining of a transfer licence:
1. a filled-in application - Form № 38 or Form № 39 depending on the type of licence;
2. a filled-in application - Form № 42 or Form № 43 depending on the type of licence in five copies;
3. an original of a certificate for end use/end user and/or international import certificate, issued by the competent authorities of the end user’s country, or a declaration of the end user for end use;
4. a copy of a document, certifying the forein 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. a copy of a document, certifying the eligibility of the participants in the transaction to carry out the respective activities;
6. a copy of a document by the manufacturer of the dual-use items, certifying their technical performance, functional purpose, quality and quantity composition and a copy of a document, certifying the origin and acquisition of the item;
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 filling an application for a global transfer 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.