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What is required for brokering? |
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“Brokering” shall mean an activity, performed by Bulgarian natural and legal persons, which comprises the negotiation or implementation of a commercial transaction with arms or dual-use items, as well as the sale or transfer in another way of arms or dual-use items, which is in their possession, from the territory of one third country for another third country.
To perform arms brokering, you are required to hold:
- registration for brokering, 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 license for brokering transaction with arms, issued by the Interministerial Commission for Export Control and Non-Proliferation of the Weapons of Mass Destruction with the Ministry of Economy and Energy.
Only individuals and legal persons registered under the provisions of the Commercial Act and registered for brokering by the Interdepartmental Council pursuant to the Law on Export Control on Arms and Dual-use Items and Technologies may carry out arms brokering. The registration to carry out arms brokering is done by the Interdepartmental Council for the period of three years.
Persons, applying for registration, 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 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, certifying the person’s no pervious conviction for premeditated crime of a general nature;
7. company unified identification code;
8. a certificate from the respective territorial directorate of the National Revenue Agency concerning the lack of liquid and enforceable public receivables;
9. a notarized specimen of the signature of the single-person trader, manager, executive director;
10. 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;
11. 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;
12. a receipt for state fee paid.
Individuals and legal persons, holding a authorization for export, import and transfer of arms, may file an application for registration for arms brokering, without being necessary to submit the documents again.
On completion of the registration, the Interdepartmental Council shall issue a registration certificate for arms brokering.
License for brokering transaction with arms is issued to individuals and legal persons, registered for brokering by the Interdepartmental Council. To obtain a license for a broker deal with arms, the applicant shall submit to the Interministerial Commission the following documents:
1. a filled-in application – Annex No. 5
2. a filled-in form – Annex No. 10 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 document, certifying the participation of the applicant in the transaction;
5. an original or a notarized copy and a certified Bulgarian translation of the export license, if required under the national laws of the exporter's state;
6. an original end-user certificate and/or international import certificate or their copies, respectively certified by the competent authority in the country of the end-user or the consigner, accompanied by a certified Bulgarian translation;
7. a copy and a certified Bulgarian translation of the documents, certifying the foreign trade relations (contract, invoice, order, etc.) between the participants in the transaction.
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 License for Brokering Transaction: 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.
Obligation: Having obtained a license for a broker deal, the applicant shall notify the Interministerial Commission in writing of the participation of other Bulgarian individuals and legal persons in the course of the broker deal. |
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