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What is required for transfers from the territory of Bulgaria? |
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“Transfer from the territory of Bulgaria” is conveyance of arms or technical assistance from the territory of the country to the territory of another country, without leaving the customs territory of the Community.
To perform arms transfers from Bulgaria, you are required to hold:
- a general or limited authorization for export, import and transfer of arms, issued by the Interdepartmental Council on the Issues of the Military-Industrial Complex and the Mobilization Preparedness of the Country with the Council of Ministers;
- a transfer license for arms, issued by the Interministerial Commission for Export Control and Non-Proliferation of the Weapons of Mass Destruction with the Minister of Economy and Energy.
Obligation: Consigners 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 the consignee 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, and copies of the transport documents, issued in the course of the delivery.
The authorization for export, import and transfer of arms may be general or limited with respect of the positions of the list of arms and/or the country of the end-user or the exporter. The limited authorization is issued for not more than two-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 transfer of arms, the applicant shall submit the following documents to the Interministerial Commission:
1. a filled-in application according to a sample – Annex No. 5
2. a filled-in form – Annex No. 9 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 exporter and/or the end-user (broker, forwarder, carrier, etc.).
To obtain a license for transfer of arms from the territory of the Republic of Bulgaria, in case of post-import transfer and transfer–after-transfer of arms, the applicant shall submit to the Interministerial Commission in addition to the above documents and accompanied by a certified Bulgarian translation:
1. a license for export or transfer by the competent authority of the country, from which the arms have been transferred or imported;
2. a statement by the original consigner, certifying that no prohibition on re-export has been imposed from the country, from which the arms have been transferred or imported, in case that according to the national legislation of the country, 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 Transfer 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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