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What is required for export? |
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“Export” is the term of Art. 2 (b) of Council Regulation 1334/2000 - „export" means:
• regime of export in the meaning of Article 161 of the Customs Code of Community:
1. The regime of export allows export of community goods outside the customs territory of the Community.
It encompasses implementation of the formalities, as provided for export, including the measures of the commercial policy, and where stipulated – duty on exports.
2. Community goods, designed for export, must fall under export regime, except for these subjected to outward processing regime or transit under Article 163 of the Customs Code of Community, and with no effect on Article 164.
3. Not exported outside the customs territory of the Community shall be deemed the goods that are shipped for the destination of Helgoland Island.
4. The cases and the conditions, under which the goods, leaving the customs territory of the Community, are not subject to declaration for export, shall be defined according to the procedure of the Committee, as regulated in the Regulation on implementation of the Customs Code.
5. The Export Declaration must be submitted to the customs office, in the district of which the Exporter is a resident or the goods are packaged or loaded for export. Derogations are determined according to the procedure of the Committee;
• re-export in the meaning of Article 182 ofthe Code, i.e. leaving the territory of the Community of goods, having the status of non-community, i.e. goods that are not generally manufactured within the customs territory of the Community under the terms and conditions, as stipulated in Article 23 of the Customs Code and excluding any goods, imported from countries or territories, not making part of the customs territory of the Community - goods, manufactured from goods that fall under temporary customs regime – such goods are not considered to have obtained the status of community in the cases of particular economic importance, defined in compliance with the procedure of the Committee; are not imported from countries or territories outside the customs territory of the Community, allowed for free circulation; are not manufactured or received within the customs territory of the Community, including their falling under all customs regimes – at re-export the formalities on goods leaving, including also the measures of the commercial policy are applicable, transmission of software products and technologies via electronic means, telefax or telephone to destinations outside the Community; it applies with respect of oral transmission of technologies via phone only when the technologies are contained in a document, the relevant part of which is being read aloud on the phone or described on the phone in such a manner so as to substantially come to the same result.
To perform arms exports from Bulgaria, you are required to hold:
- a general or limited authorization for export, import and transfer of arms, issued by the Interdepartmental Council for the Defense Industry with the Council of Ministers;
- a license for export of arms, issued by the Interministerial Commission for Export Control and Non-Proliferation of Weapons of Mass Destruction with the Minister of Economy and Energy.
Obligation: Exporters of arms shall submit to the Interministerial Commission a Delivery verification certificate or its equivalent, including quantity, type, respective identification (serial number, certificate, specification) and the end-user in the transaction, issued by a national competent authority of the country of the end-user and verifying the delivery, but not later than three months of the date of its arrival in the country of the end-user.
The authorization for export, import and transfer of arms may be general or limited with respect of the positions according to the list of arms and/or in terms of the country of the end-user or the exporter. The limited authorization is issued for not more than three-thirds of the categories of the List of Arms and/or for not more than 5 countries, against which no restrictive measures have been imposed.
Persons, applying to obtain an authorization, shall submit the following documents to the Interdepartmental Council:
1. an application according to a sample approved in the regulation on implementing of the Act;
2. a current certificate for registration in the commercial register or a copy of the original court registration or a notarized copy of a court certificate of current status, granted up to 30 days prior to submitting the application and reflecting all changes at the moment of submission of the application;
3. a document issued by the competent court that the applicant has not been declared bankrupt or is not subject to bankruptcy proceedings, as well as that no termination of operation has been registered and no declaration of insolvency has taken place when the applicant has not been re-registered under the Commercial Register Act;
4. a document, issued by the Ministry of Interior, for coordination of the individuals, who are directly involved in this activity;
5. a list of the individuals, who are directly involved in this activity, accompanied by CV’s and employment records, a clear criminal record and a notarized specimen of the signature, as well as an information whether the person holds clearance for access to classified information;
6. a copy of a document, issued by the competent authorities, certifying that the applicant has created conditions for protection of the classified information, as appropriate, pursuant to the Law on Protection of Classified Information;
7. a clear criminal record of the single-person trader, manager, executive director, the members of the managing and control bodies of the legal person, and if such members are legal persons – of their representatives in the respective managing body;
8. a notarized specimen of the signature of the single-person trader, manager, executive director;
9. company unified identification code;
10. a certificate from the respective territorial directorate of the National Revenue Agency concerning the lack of liquid and enforceable public receivables;
11. a statement by the single-person trader, manager, members of the managing and control body of the commercial company that the applicant has no liquid and payable debts to individuals or legal persons, when such debt has been recognized by the enforcement body;
12. a statement by the single-person trader, manager, members of the managing and control body of the commercial company that they are not related to persons and organizations that have infringed the laws, regulating the activities with dual-use items and technologies in the member states and third states;
13. a list of the items of the list of arms that are to be included into the license;
14. a receipt for state fee paid.
To obtain a license for export of arms, the applicant shall submit the following documents to the Interministerial Commission:
1. a filled-in application – Annex No. 5
2. a filled-in form – Annex No. 6 in four copies;
3. a copy and a certified Bulgarian translation of the documents, certifying the eligibility of the participants in the transaction to carry out the respective activities;
4. a copy and a certified Bulgarian translation of the documents, certifying the origin, acquisition and functional purpose of the arms;
5. an original end-user certificate and/or international import certificate, issued by a competent authority of the country of the end-user and a certified Bulgarian translation;
6. a copy and a certified Bulgarian translation of a document, certifying the foreign trade relations (contract and/or order), as well as a document, verifying the participation in the transaction of persons other than the foreign importer and/or end-use (broker, forwarder, carrier, etc.).
To obtain a license in case of re-export, post-import export and post-transfer export of arms, the applicant shall submit to the Interministerial Commission in addition to the above documents:
1. a license for re-export and a certified Bulgarian translation by the competent authority of the country, from which the arms have been imported or transferred;
2. a statement by the foreign consigner and a certified Bulgarian translation, certifying that no prohibition on re-export has been imposed in case that according to the national legislation of the country, from which the arms have been imported or transferred, no such document as per point 1 is issued.
Exception: In case that according to the national legislation of the country of the counterparty/counterparties no such document, certifying their eligibility to carry out the respective activities is issued, the applicant shall submit to the Interministerial Commission a written statement by the consigner/consignee and a certified Bulgarian translation for this effect.
Validity of the Export License: The license is issued by the Interministerial Commission for the period of one year and may be extended once for the period of up to 6 months, but not exceeding the term of the license or the registration. |
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