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What is required for transfer on the territory of the Republic of Bulgaria for the territory of other country of the Community? |
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Transfer of dual-use items and technologies may be done by all persons, without being necessary to be registered under the provisions of the Companies 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 country of the Community.
Dual-use items and technologies that are under control at transfer and for which it is required a transfer authorization, are enlisted in Annex IV of Regulation 1167/2008.
To be able to make transfer you have to register with the Interministerial Commission for export control and non-proliferation of weapons of mass destruction to the Minister of Economy and Energy (the Interministerial Commission) by filing an application for registration and the documents described below. The procedure for registration is stipulated in the Regulation on implementation of the Law on Export Control of Arms and Dual-use Items and Technologies (the Regulation) – Art. 27 the Regulation.
Documents required to be submitted to the Interministerial Commission for registration:
1. completed form of application – Annex No. 18 of the Regulation;
2. certificate of good standing for registration in the commercial register or a copy of the court ruling for initial court registration and an original or notarized copy of court certificate of good standing, issued within 30 days prior to filing the application and reflecting any changes made as at the time of application filing;
3. a list of the individuals, involved directly in this activity, supported by curriculum vitae and staff reference of the persons, criminal record and notarized specimen of signature, and authorization for access to classified information, if any;
4. criminal record of the sole proprietor, manager, executive director, members of the management and supervisory body of the legal person - of their representatives in the respective body of management, certifying that the person has never been convicted for a general malicious crime;
5. unified identification code;
6. certificate from the relevant local office of the National Revenue Agency for absence of any liquid and payable public collections;
7. statement from the sole proprietor, manager, members of the management and supervisory body of the business company that the applicant has no liquid and payable debts to individuals or legal persons, when such debt has been acknowledged before the authority of law enforcement;
8. statement from the sole proprietor, manager, members of the management and supervisory body of the business company that they are not related to persons and organizations that have infringed the laws, regulating the activities with dual-use weapons, items and technologies in the member states and third states;
9. a proof for paid state fee – cf. Charge rates collected under the Law on export control on arms and dual-use items and technologies.
Once the registration has been processed, you will be given a certificate for registration, issued by specimen - Annex No. 19 the Regulation, 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 Interministerial Commission within 14 days after such change has occurred.
If you have already been registered with the Interministerial Commission and hold a certificate for registration issued, you may file an application for issue of a transfer authorization of dual-use items and technologies with the Interministerial Commission.
Types of transfer authorizations:
1. Individual transfer authorization – valid for 1 year, subject to one time extension up to 6 months.
The individual transfer authorization is issued in the form of Annex No. 24 the Regulation.
2. Global transfer authorization – valid for 2 years, subject to one time extension up to 1 year.
The global transfer authorization is issued in the form of Annex No. 24 the Regulation, for transfer within the Community of dual-use items, stated in Annex I, stated in part 1 of Annex IV of Regulation 1167/2008.
3. General transfer authorization – published by the Interministerial Commission – valid for 2 years, subject to one time extension up to 1 year.
The general export authorization is issued for transfer in the Community of dual-use items of Annex I, mentioned in part 1 of Annex IV of Regulation 1167/2008. Note: for transfer within the Community of dual-use items, mentioned in part 2 of Annex IV of Regulation 1167/2008 no general transfer authorization is issued.
Documents required to be submitted to the Interministerial Commission for obtaining of a transfer authorization:
1. completed form of application – Annex No. 22 or Annex No. 23 of the Regulation depending on the type of authorization;
2. completed form of Annex No. 24 the Regulation in four 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, and a certified translation in Bulgarian language;
4. a copy and a certified Bulgarian translation of a document, including the details: parties to the transaction; name of goods; technical parameters; quantity; terms of delivery; price; term of performance; a clause for non-admission of reexport by the buyer and/or the end user without the written consent of the Interministerial Commission, and verifying the foreign trade relations (contract and/or order), and of a document, certifying the participation of other persons in the transaction other than the foreign importer and/or the end user (a broker, a forwarder, a carrier and other);
5. a copy and a certified Bulgarian translation of a document, certifying the eligibility of the participants in the transaction to carry out the respective activities;
6. a copy and a certified Bulgarian translation of a document by the manufacturer of the dual-use items, certifying their technical performance, functional purpose, quality and quantity composition;
7. a copy and a certified Bulgarian translation of a document, certifying the origin and acquisition of the item;
8. A proof for paid state fee – cf. Charge rates collected under the Law on export control on arms and dual-use items and technologies.
In case that according to the national laws of the country the document under p. 5 is not issued, submit (as an applicant) to the Interministerial Commission a written statement by the importer and a certified Bulgarian translation for this effect.
Note: When filing an application for a global transfer authorization, the applicant must present documents, certifying that for the previous year he has performed and/or will perform in the coming year, on the basis of contractual relations, no less than ten transfers of dual-use items, as described in the application, for each of the consignees stated therein. |
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