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от alex4o » 15 Ное 2005, 17:25
LAW FOR THE CONTROL OVER THE FOREIGN TRADE OPERATIONS WITH WEAPONS AND WITH COMMODITIES AND TECHNOLOGIES WITH POSSIBLE DOUBLE USE
Prom. SG. 102/21 Nov 1995, amend. SG. 75/2 Aug 2002, suppl. SG. 93/19 Oct 2004
Chapter one.
GENERAL PROVISIONS
Art. 1. (1) This law settles the conditions and order of carrying our foreign trade operations with weapons and with commodities and technologies with possible double use and the control of the state over these operations.
(2) (suppl. SG 75/02) The commodities and technologies shall have possible double use, when they can be used for both civil and military purposes, in this number commodities and technologies, which can be used for both non-explosive purposes and to assist in some way the production of nuclear weapons or other nuclear – explosive devices. In this category shall also be included the software with such characteristics.
(3) (new – SG 75/02) The list of the weapons and of the commodities and the technologies with possible double use shall be approved by the Council of Ministers and promulgated in State Gazette.
(4) (new – SG 75/02) The armament, the accoutrement, the machinery and the equipment of Bulgarian and foreign military and police contingents at passing through and stay on the territory of the Republic of Bulgaria shall not be subject to control under this law in the cases of:
1. fulfilment of obligations of the Republic of Bulgaria, ensuing from international agreements and membership in international organisations;
2. participation in peace keeping operations;
3. participation in international exercises, carried out on or out of the territory of the Republic of Bulgaria;
4. fulfilment of humanitarian, environmental protection, demonstration and sport tasks with peace character.
Art. 2. (amend. SG 75/02) The implementation of foreign trade activity under Art. 1 shall be subject to control by the state, with the purpose of protection of the national security, the economic and the foreign political interests of the Republic of Bulgaria, as well as the strengthening of the international peace and security and the fulfilment of the international obligations of the Republic of Bulgaria.
Art. 3. (suppl. SG 75/02) For achieving the purposes under Art. 2 the state bodies, within the frames of their competence, can cooperate directly and exchange information with the respective competent bodies of other states, international organisations and regimes, including by concluding agreements for cooperation.
Art. 4. (1) (amend. SG 75/02) The Council of Ministers can introduce restrictions and impose prohibitions of foreign trade operations with weapons and commodities and technologies with possible double use when:
1. (suppl. SG 75/02) the activity contradicts the purposes and the obligations, stipulated by Art. 2;
2. the commodities and technologies are designated or can be used for creation, production, processing, development, management, maintenance, storing and sale of weapons forms of destruction;
3. (amend. SG 75/02) there are restrictions:
a) imposed by the Security Council of UN;
b) ensuing from international agreements or the membership of the Republic of Bulgaria in international organisations, in this number also by international regimes for export control, in which it participates;
c) ensuing from the accession of the Republic of Bulgaria to acts, common activities and joint positions of the European Union;
d) ensuing from the accession of the Republic of Bulgaria to decisions of international organisations and regimes for export control, in which it is not full member;
4. (new – SG 75/02) the weapons, the commodities and the technologies with possible double use are designated for a country, on which territories there are military operations or which participates in a military conflict.
(2) (amend. SG 75/02) The list of the countries and the organisations, with regard to which there are restrictions under para 1, items 3 and 4, shall be approved and updated by the Council of Ministers and shall be promulgated in the State Gazette.
(3) (new – SG 75/02) The list of the countries, for which no certificate for end user under art. 15, para 2, is required, shall be approved and updated by the Council of Ministers and shall be promulgated in the State Gazette.
Chapter two.
REGIME OF THE FOREIGN TRADE OPERATIONS WITH WEAPONS
Art. 5. (amend. SG 75/02) (1) Foreign trade activities with weapons can only be carried out by commercial companies, registered under the Commercial law, observing the requirements of this law.
(2) The foreign trade activity with weapons shall be carried only on the grounds of granted licence for implementing of the respective activity by the Interdepartmental council for the issues of the military industrial complex and the mobilisation readiness of the country at the Council of Ministers and permit for each transaction, issued by the Interdepartmental commission for export control and non proliferation of the weapons for mass destruction at the Minister of Economy, called hereinafter "Interdepartmental council" and "Interdepartmental commission", headed by ministers. The members and the order for activity of the Interdepartmental council and the Interdepartmental commission shall be determined by the Council of Ministers.
(3) The mediator activity, connected with foreign transactions with weapons, can be implemented by individuals and corporate bodies, who have received license for implementing such activity by the Interdepartmental council.
(4) The licence and the permit shall be issued bodies of para 2 for a definite period and with defined scope. The license shall be issued initially for a term of one year, after the elapse of which each following license shall be issued for a term of 3 years. The permit shall be issued for a term of 6 months and it can be extended only once for a term of 6 months, which term cannot be longer than the term of the license.
(5) The license shall be personal and cannot be transferred or ceded.
(6) (suppl. SG 92/04) For issuing of the licenses and the permits state fees shall be paid to account of the Ministry of Economy in extent, determined by the Council of Ministers.
(7) If necessary the bodies of para 2 can require the statement of other state bodies.
(8) at issuing the licenses and the permits the competent bodies can implement checks and attract specialists – experts, who to give statement about issues, for which special knowledge is required.
Art. 6. (amend. SG 75/02) (1) A license shall be issued to a commercial company under art. 5, para 1 when it meets the requirements for reliability for implement foreign trade activity with weapons and is economically stable.
(2) To the persons of art. 5, para 3 shall be issued a license when they meet the requirement for reliability for implementing mediation activity, connected with foreign trade transactions with weapons and are economically stable, determined under conditions and by order in the regulation for the implementation of the law.
(3) The licensing body shall refuse the issuing of license when the requirements of para 1 or para 2 are not met.
(4) The licensing body shall revoke the conceded license:
1. at occurrence of circumstances, which contradict with the objectives and obligations, determined in para 2;
2. at non fulfilment or breach of the conditions of the license;
3. at non fulfilment of an obligation, provided in this law, established with an act by a competent state body;
4. when the licensed representative has presented incorrect data, which have served as grounds for the issuing of the license;
5. when the licensed stops to meet the requirements of para 1 and 2.
(5) With the decision for revoking shall be determined a term, within which the person cannot apply for the issuing of new license for the same activity. This term cannot be less than 2 years.
(6) The licensing body shall terminate the license:
1. due to elapse of the term;
2. due to its revoking;
3. upon request by the licensed;
4. upon termination of the activity of the commercial company or the corporate body;
5. upon death of the licensed individual.
(7) The refusal to be issued a license or its revoking shall be subject to appeal by court order before the Supreme Administrative Court except the cases when the interests of the national security are affected.
(8) The appeal of para 7 shall not stop the execution of the administrative act.
Art. 7. (amend. SG 75/02) (1) Permit for foreign trade transaction with weapons shall be given only to the commercial companies of art. 5, para 1, having license for such activity. The commercial companies, applying for permit for foreign trade transaction with weapons, shall present to the Interdepartmental commission documents, determined with the regulation for implementation of the law.
(2) The Interdepartmental commission shall give permit upon consensus between the members – representatives of the competent ministries. A decision can betaken as exception also without presence, if the record has been signed without notes by the members of the Interdepartmental commission by an order, determined with the regulation for implementation of the law.
(3) The Interdepartmental commission shall refuse the issuing of permit when:
1. there are circumstances contradicting with the objectives and the obligations, determined in art. 2;
2. some of the documents, determined with the regulation for implementation of the law are missing;
3. the transaction, for which a permit is required, does not correspond with the issued license;
4. the applicant has presented incomplete data.
(4) The Interdepartmental commission shall revoke the conceded permit upon a proposal by each of the members of the commission when:
1. circumstances occur contradicting with the objectives and the obligations, determined in art. 2;
2. the activity, which is implemented, does not comply with the issued permit or license;
3. the applicant has not fulfilled an obligation, provided in this law, which non fulfilment has been established with an act by a competent state body;
4. the applicant has presented incorrect data.
(5) The refusal or the decision to be revoked a permit can be appealed before the Supreme Administrative Court except the cases when the interests of the national security are affected.
(6) The appeal of para 5 shall not stop the execution of the administrative act.
Art. 8. (revoked – SG 75/02).
Chapter three.
REGIME OF THE FOREIGN TRADE OPERATIONS WITH COMMODITIES AND TECHNOLOGIES WITH POSSIBLE DOUBLE USE
Art. 9. (amend. SG 75/02) (1) Foreign trade activity with commodities and technologies with possible double use can be implemented by persons, registered under the Commercial Law of the Republic of Bulgaria, observing the requirements of this law and in compliance legislation in effect.
(2) The export of commodities and technologies with possible double use shall be implemented on the basis of conceded license by the Interdepartmental council and permit for each transaction, issued by the Interdepartmental commission.
(3) The import of commodities and technologies with possible double use shall be implemented on the basis of an issued permit for each transaction, issued by the Interdepartmental commission.
(4) The licence and the permit shall be issued bodies of para 2 for a definite period and with defined scope. The license shall be issued initially for a term of one year, after the elapse of which each following license shall be issued for a term of 3 years. The permit shall be issued for a term of 6 months and it can be extended only once for a term of 6 months, which term cannot be longer than the term of the license.
(5) The license shall be personal and cannot be transferred or ceded.
(6) (suppl. SG 92/04) For issuing of the licenses and the permits state fees shall be paid to account of the Ministry of Economy in extent, determined by the Council of Ministers.
(7) If necessary the bodies of para 2 can require the statement of other state bodies.
(8) The bodies of art. 5, para 2 can attract specialists – experts, who to give statement about issues, for which special knowledge is required.
(9) Mediation activity, connected with foreign trade with commodities and technologies with possible double use, can implement individuals and corporate bodies, who have received licenses for implementing such activity by the Interdepartmental council.
Art. 10. (amend. SG 75/02) (1) To the persons of art. 9, para 1, registered under the Commercial law, shall be issued a license when:
1. they are reliable and economically stable;
2. they certify, depending on the commodities and/or the technologies, that they have created conditions and the necessary organisation for work with the commodities and/or the technologies, pointed out by them.
(2) To the persons of art. 9, para 9 shall be issued a license when they meet the requirements for reliability for implementing of mediation activity, connected with the foreign trade transactions with commodities and technologies with possible double use and are economically stable, determined under conditions and by order in the regulation for implementation of the law.
(3) The licensing body shall refuse the issuing of license to the persons of art. 9, para 1 and 9 when the requirements of para 1 or para 2 are not met.
(4) The licensing body shall revoke the conceded license:
1. at occurrence of circumstances, which contradict with the objectives and obligations, determined in para 2;
2. at non fulfilment or breach of the conditions of the license;
3. at non fulfilment of an obligation, provided in this law, established with an act by the competent state body;
4. when the licensed representative has presented incorrect data, which have served as grounds for the issuing of the license;
5. when the licensed stops to meet the requirements of para 1 and 2.
(5) With the decision for revoking shall be determined a term, within which the person cannot apply for the issuing of new license for the same activity. This term cannot be less than 2 years.
(6) The licensing body shall terminate the license:
1. due to elapse of the term;
2. due to its revoking;
3. upon request by the licensed;
4. upon termination of the activity of the person, registered under the Commercial law or the corporate body;
5. upon death of the licensed individual.
(7) The refusal to be issued a license or its revoking shall be subject to appeal before the Supreme Administrative Court except the cases when the interests of the national security are affected.
(8) The appeal of para 7 shall not stop the execution of the administrative act.
(9) Permit for foreign trade transaction with weapons shall be given only to persons under art. 9, para 1, registered under the Commercial law, having license for such activity. The persons, applying for permit for foreign trade transaction with weapons, shall present to the Interdepartmental commission documents, determined with the regulation for implementation of the law.
(10) The Interdepartmental commission shall give permit upon consensus between the members – representatives of the competent ministries. A decision can betaken as exception also without presence, if the record has been signed without notes by the members of the Interdepartmental commission by an order, determined with the regulation for implementation of the law.
(11) The Interdepartmental commission shall refuse the issuing of permit when:
1. there are circumstances, contradicting with the objectives and the obligations, determined in art. 2;
2. some of the documents, determined with the regulation for implementation of the law are missing;
3. the transaction, for which a permit is required, does not correspond with the issued license;
4. the applicant has presented incomplete data.
(12) The Interdepartmental commission shall revoke the conceded permit upon a proposal by each of the members of the commission when:
1. circumstances occur contradicting with the objectives and the obligations, determined in art. 2;
2. the activity, which is implemented, does not comply with the issued permit or license;
3. the applicant has not fulfilled an obligation, provided in this law, which non fulfilment has been established with an act by a competent state body;
4. the applicant has presented incorrect data.
(13) The refusal or the decision to be revoked a permit can be appealed before the Supreme Administrative Court except the cases when the interests of the national security are affected.
(14) The appeal of para 13 shall not stop the execution of the administrative act.
Art. 11. (revoked – SG 75/02).
Art. 12. (revoked – SG 75/02).
Art. 13. (amend. SG 75/02) (1) Permit at export of commodities and technologies with possible double use, not included in the list of art. 1, para 3 shall be required when the exporter has been notified in writing by the bodies of art. 5, para 2, that:
1. the commodities and technologies with possible double use as a whole or part of them can be used for development, production, use, maintenance, preservation, detection, identification or proliferation of chemical, biological or nuclear weapons or other nuclear explosive devices or for the development, the production, the maintenance or the storing of rockets - carriers of such weapons, which regime is settled by the international agreements for their prohibition or non proliferation;
2. the commodities and technologies with possible double use are designated for the states and the organisations, included in the list of art. 4, para 2.
3. the commodities and technologies with possible double use are designated for military end use.
(2) If the exporter knows, that the commodities and technologies with possible double use, not included in the list of art. 1, para 3, which he has the intention to export, are designated as a whole or part of them for some of the objectives, pointed out in para 1, items 1, 2 and 3, ha shall be obliged to notify the bodies of art. 5, para 2.
Chapter three.
(new – SG 75/02)
Art. 13a. (new – SG 75/02) The transporting of weapons by carriers, registered under the Commercial law, to and from the territory of the Republic of Bulgaria, as well as to and from the territory of third countries, shall be implemented on the basis of an issued license by the Interdepartmental council under conditions and by order, determined in the regulation for implementation of the law.
Art. 13b. (new – SG 75/02) (1) Transit transport through the territory of the Republic of Bulgaria shall be implemented on the basis of an issued permit for transit transport, issued by the Interdepartmental commission. The permit shall be issued for each separate case under conditions and by order, determined in the regulation for implementation of the law.
(2) Transit transport of radioactive, explosive, inflammable, oxidising, corrosion, bacteriological (biological), toxic and pathogenic commodities with possible double use shall be implemented on the basis of permit for transit transport, issued by the Interdepartmental commission, in which are determined the customs points, the route and the term for passing. The permission shall be issued for each separate case under conditions and by order, determined in the regulation for implementation of the law.
Chapter four.
OBLIGATIONS OF THE PARTICIPANTS IN THE FOREIGN TRADE OPERATIONS
Art. 14. (amend. SG 75/02) The persons carrying out foreign trade activity and/or mediation activity with weapons and with commodities and technologies - subject to this law, shall be obliged:
1. (amend. SG 75/02) to keep a separate register for the transactions they conclude under this law, and to keep the transport and trade documents and the information related to the performance of the foreign trade transaction for a period, not less than ten years;
2. to comply with the conditions, under which this activity is permitted and to inform, immediately, in writing the control bodies about any change;
3. to state the name, the occupation and the address of the representatives of the country under the contract and of the end user, responsible for the fulfilment of the obligations under the transaction, and to inform immediately about their replacement;
4. to inform the respective state bodies about a probability for the commodities and technologies with possible double use, subject to the foreign trade operations, to be used in a way provided by Art. 13.
Art. 15. (amend. SG 75/02) (1) The importers and exporters of weapons shall be obliged to include in the foreign trade contract a clause, obliging the buyer, that the purchased weapons shall not be transferred to other individuals or corporate bodies without the explicit consent of the Interdepartmental commission.
(2) For certifying the final use and the end user the exporters of weapons and/or commodities and technologies with possible double use shall present to the Interdepartmental commission a certificate for end use/ end user and/or international certificate for import, issued by the competent bodies of the country of the end user.
(3) Upon request by the country of the exporter the Bulgarian competent bodies shall issue a certificate for end use/end user and/or international certificate for import. The order for issuing of certificate for end use/end user and/or international certificate for import shall be determined in the regulation for implementation of the law.
Art. 16. The licence and permit granted under this law can solely be used by the person to whom they have been granted. The ceding of the licence or the permit or rights over them to another person shall render the licence and the permit void, and the ceding person shall lose his rights, ensuing from them.
Chapter five.
CONTROL OVER THE OBSERVANCE OF THE REGIME FOR THE FOREIGN TRADE OPERATIONS WITH WEAPONS AND WITH COMMODITIES AND TECHNOLOGIES WITH POSSIBLE DOUBLE USE
Art. 17. (amend. SG 75/02) (1) The control over the fulfilment of this law shall be implemented by the bodies of art. 5, para 2, by the competent bodies of the Ministry of Interior, the Ministry of Economy and of Agency "Customs" or by authorised by them officials.
(2) The control shall include inspections before and after the issuance of the licence or permit for foreign trade operations under this law.
(3) When exercising the control the control bodies under para 1 can:
1. require from the persons, implementing foreign trade and/or mediation activity with weapons and/or with commodities and technologies with possible double use the information, necessary for exercising the control;
2. if necessary require the statement other state bodies;
3. visit the zones under customs control on the territory of the Republic of Bulgaria under the conditions and by the order of the legislation in effect;
4. extend requests to the competent bodies of other states for conceding of the information, necessary for the conducting of the control.
(4) The control bodies shall be obliged not to make public the official, industrial and trade secrets of the inspected persons.
(5) If there are data about committed crime the bodies of para 1 shall approach the bodies of the Prosecutor's office.
(6) While carrying out the control representatives of foreign state can participate, in compliance with the international obligations undertaken by the Republic of Bulgaria, on the grounds of international agreements or participation in international organisations.
(7) The Interdepartmental council and the Interdepartmental commission can require from the exporter to include in the contract a clause, allowing physical check by them or officials, authorised by them of the shipment for the foreign trade transaction.
(8) In connection with the objectives of art. 2 the bodies of art. 5, para 2 can require additional information about the foreign trade transaction.
Art. 17a. (new – SG 92/04) (1) The Minister of Economy shall be administrator of the incomes from the fees under this law.
(2) The incomes from the fees shall be used for ensuring the activity and the control under this law.
Art. 18. (amend. SG 75/02) (1) The bodies of art. 5, para 2 shall present to the Council of Ministers annual report about the fulfilment of the law.
(2) The Council of Ministers shall present the report of para 1 to the National Assembly.
Chapter six.
ADMINISTRATIVE AND PUNITIVE PROVISIONS AND PROPRIETARY SANCTIONS
Art. 19. (amend. SG 75/02) To the persons, implementing foreign trade activity with weapons and/or commodities and technologies with possible double use, who do not fulfil their obligations under this law, shall be imposed:
1. to the individuals, as well as to the officials of the commercial companies – fine from 5000 to 50 000 levs, if the committed does not constitute a crime;
2. to the persons, registered under the Commercial Law – proprietary sanction in the double extent of the foreign trade transaction.
Art. 20. (amend. SG 75/02) To the persons, implementing mediation activity, connected with foreign trade transactions with weapons and/or commodities and technologies with possible double use, who do not fulfil their obligations under this law, shall be imposed fine in extent from 5000 to 50 000 levs, respectively proprietary sanctions amounting to the triple amount of the fine.
Art. 21. (revoked SG 75/02).
Art. 22. (1) The acts for establishing the offences shall be issued by the officials from the control bodies under Art. 17, para 1.
(2) (amend. SG 75/02) The penalty decrees shall be issued by the chief of the respective body under para 1 or by an official, authorised by him.
(3) The issuance of acts for establishing administrative offences, the imposing of administrative penalties, the appeal and the fulfilment of the penalty decrees shall be carried out by the order of the Law for the administrative offences and penalties.
Additional provisions
§ 1. In exceptional cases, when there could arise danger for the national security of the country, for violation of its foreign policy interests or for the fulfilment of international obligations undertaken by it, the Council of Ministers can prohibit the import, export, re-export or transit transport of weapons and commodities and technologies with possible double use, regardless of the issued licence and permits.
§ 1a. (new – SG 75/02) In the sense of this law:
1. "The foreign trade activity with weapons and/or with commodities and technologies with possible double use" is the aggregate of all the activities for the preparation and/or the implementation of a foreign transaction of commodities and/or services, including the conceding of customs direction, participation in international tender, when one of the parties in the transaction, regardless of its kind, is a foreign individual or corporate body, registered with right to implement this activity according to its national legislation.
2. "The mediation activities, connected with foreign trade transactions with weapons and/or with commodities and technologies with possible double use" is part of foreign trade activity and includes activities, connected with the preparation and/or the accomplishment of foreign trade transaction, in this number forwarding services, consultancy services, financing, when the person, implementing this activities, is not the physical exporter, importer or re-exporter and when in any way these activities are connected with the territory of the Republic of Bulgaria or with the use of the use of the telecommunication means and post services of the Republic of Bulgaria.
3. "Technology" is technical information, necessary for the development, the production or the use of the commodities. This information shall have the form of technical data or technical assistance:
a) the technical assistance can be in the form of command, skills, training, vocational training and consultancy services and to include submitting of technical data;
b) the technical data can be in the form of projects, drawings, models, formulae, tables, engineering drawings and specifications, written commands or preserved on other carrier.
4. "The export" shall include also the submitting of software and technologies by electronic means, fax or telephone out of the boundaries of the Republic of Bulgaria. This shall apply also for the verbal transfer of technologies with technical means only in the cases, when the technical data are contained in a document, which respective part has been read in voice or described in such a way, that to significant extent the same result has been achieved.
5. "Military final use" means:
a) introduction of military commodities, included in the list of art. 1, para 3;
b) use of equipment for production, trial and its components for the development, the production or the maintenance of military products, included in the list of art. 1, para 3;
c) the use of unfinished products in a plant for the production of military products, included in the list of art. 1, para 3.
6) "International regimes for export control" are organisations without defined international legal statute, which agreements do not have obligatory character, but are fulfilled by the states under voluntary basis as the Vasenaar agreement, Group of the nuclear suppliers, the Australian group, the Regime for control over the rocket technologies, the Zanger committee etc.
7. The commercial company shall be considered as reliable for implementing of foreign trade with weapons if:
a) it has created the necessary organisation for preservation of weapons according to the requirements of the legislation in effect;
b) it has created the necessary organisation for preservation of the state secret according to the requirements of the legislation in effect;
c) it has co-ordinated bodies for security a list of the individuals, who directly participate in the foreign trade activity with weapons;
d) manager, members of management and control body of the commercial company or individual (individuals) of item c) have not been sentenced with a sentence entered into force for a crime of general character;
e) there are no data, that a manager or members of management or control body of the commercial company or the individual (individuals), who directly participate in the implementation of the foreign trade activity with weapons are threat for the national security, the economic and the foreign political interests of the Republic of Bulgaria, the strengthening of the international peace and security and the fulfilment of the international obligations of the Republic of Bulgaria.
The circumstances shall be checked with document by the respective competent body.
8. The commercial company shall be considered as economically stable for implementing of foreign trade activity with weapons if:
a) it has not been announced insolvent or is not in procedure for announcing insolvency;
b) termination of activity and announcing in liquidation have not been entered;
c) there are no liquid and exigible public liabilities, liabilities to the insurance funds, as well as to individuals or corporate bodies, when the liability has been recognised before the body for compulsory execution or when it is established with a court decision, entered into force, with a document, certified by a notary, or a security order.
9. The persons of art. 9, para 1, registered under the Commercial Law, shall be reliable and economically stable, when they meet the requirements of item 7 c), d) and e) and item 8. The circumstances shall be checked with a document by the respective competent body
Transitional and concluding provisions
§ 2. In Art. 5, para 3, item 1 of the Law for the economic activity of foreign persons and for protection of foreign investments (prom., SG, No 8 of 1992; amend., No 92 of 1995) the words "and trade with" are replaced by the word "of".
§ 3. In the Penalty Code (prom., SG, No 26 of 1968; corr. No 29 of 1968; amend. and rider No 92 of 1969, No 26 and 27of 1973, No 89 of 1974, No 95 of 1975, No 3 of 1977, No 54 of 1978, No 89 of 1979, No 28 of 1982; corr., No 31 of 1982; amend. and rider No 44 of 1984, No 41 and 79 of 1985; corr., No 80 of 1985; amend. and rider No 89 of 1986; corr., No 90 of 1986; amend. No 37, 91 and 99 of 1989, No 10, 31 and 81 of 1990, No 1 and 86 of 1991; corr., No 90 of 1991; amend. No 105 of 1991, No 54 of 1992, No 10 of 1993 and No 50 of 1995) new Art. 233 is created:
"Art. 233. (1) Who carries out foreign trade operations with commodities and technologies with possible double use, without the respective permit, shall be sentences to prison of up to 6 years and fine up to 500 levs.
(2) For especially grave cases under para 1 the penalty shall be prison of 3 to 8 years and a fine of up to 1 thousand levs.
(3) In negligible cases under para 1 the penalty shall be up to 50 levs.
(4) The commodities with possible double use, subject to the crime, shall be confiscated in favour of the state, regardless of the ownership, and if they miss or they have been expropriated, their value shall be adjudged, determined according to the foreign trade contract."
§ 4. The law shall cone into force within 2 months upon its promulgation in the State Gazette.
§ 5. The fulfilment of the law is assigned to the Council of Ministers, which shall adopt regulations for its implementation within one month from the enactment of the law.
The Law was adopted by the 37th National Assembly on November 8, 1995 and was affixed with the state seal.
Transitional and concluding provisions
of the Law for amendment and supplement of the Law for the control over the foreign trade operations with weapons and with commodities and technologies with possible double use (SG 75/02)
§ 24. The law shall enter into force one month after its promulgation in State Gazette. The implementation of the law shall be assigned to the Council of Ministers, which shall approve regulation for its implementation in one month term after this law enters into force.
The law was passed by the 39th National Assembly on July 18, 2002 and is affixed with the official seal of the National Assembly.
Prom. SG. 102/21 Nov 1995, amend. SG. 75/2 Aug 2002, suppl. SG. 93/19 Oct 2004
Chapter one.
GENERAL PROVISIONS
Art. 1. (1) This law settles the conditions and order of carrying our foreign trade operations with weapons and with commodities and technologies with possible double use and the control of the state over these operations.
(2) (suppl. SG 75/02) The commodities and technologies shall have possible double use, when they can be used for both civil and military purposes, in this number commodities and technologies, which can be used for both non-explosive purposes and to assist in some way the production of nuclear weapons or other nuclear – explosive devices. In this category shall also be included the software with such characteristics.
(3) (new – SG 75/02) The list of the weapons and of the commodities and the technologies with possible double use shall be approved by the Council of Ministers and promulgated in State Gazette.
(4) (new – SG 75/02) The armament, the accoutrement, the machinery and the equipment of Bulgarian and foreign military and police contingents at passing through and stay on the territory of the Republic of Bulgaria shall not be subject to control under this law in the cases of:
1. fulfilment of obligations of the Republic of Bulgaria, ensuing from international agreements and membership in international organisations;
2. participation in peace keeping operations;
3. participation in international exercises, carried out on or out of the territory of the Republic of Bulgaria;
4. fulfilment of humanitarian, environmental protection, demonstration and sport tasks with peace character.
Art. 2. (amend. SG 75/02) The implementation of foreign trade activity under Art. 1 shall be subject to control by the state, with the purpose of protection of the national security, the economic and the foreign political interests of the Republic of Bulgaria, as well as the strengthening of the international peace and security and the fulfilment of the international obligations of the Republic of Bulgaria.
Art. 3. (suppl. SG 75/02) For achieving the purposes under Art. 2 the state bodies, within the frames of their competence, can cooperate directly and exchange information with the respective competent bodies of other states, international organisations and regimes, including by concluding agreements for cooperation.
Art. 4. (1) (amend. SG 75/02) The Council of Ministers can introduce restrictions and impose prohibitions of foreign trade operations with weapons and commodities and technologies with possible double use when:
1. (suppl. SG 75/02) the activity contradicts the purposes and the obligations, stipulated by Art. 2;
2. the commodities and technologies are designated or can be used for creation, production, processing, development, management, maintenance, storing and sale of weapons forms of destruction;
3. (amend. SG 75/02) there are restrictions:
a) imposed by the Security Council of UN;
b) ensuing from international agreements or the membership of the Republic of Bulgaria in international organisations, in this number also by international regimes for export control, in which it participates;
c) ensuing from the accession of the Republic of Bulgaria to acts, common activities and joint positions of the European Union;
d) ensuing from the accession of the Republic of Bulgaria to decisions of international organisations and regimes for export control, in which it is not full member;
4. (new – SG 75/02) the weapons, the commodities and the technologies with possible double use are designated for a country, on which territories there are military operations or which participates in a military conflict.
(2) (amend. SG 75/02) The list of the countries and the organisations, with regard to which there are restrictions under para 1, items 3 and 4, shall be approved and updated by the Council of Ministers and shall be promulgated in the State Gazette.
(3) (new – SG 75/02) The list of the countries, for which no certificate for end user under art. 15, para 2, is required, shall be approved and updated by the Council of Ministers and shall be promulgated in the State Gazette.
Chapter two.
REGIME OF THE FOREIGN TRADE OPERATIONS WITH WEAPONS
Art. 5. (amend. SG 75/02) (1) Foreign trade activities with weapons can only be carried out by commercial companies, registered under the Commercial law, observing the requirements of this law.
(2) The foreign trade activity with weapons shall be carried only on the grounds of granted licence for implementing of the respective activity by the Interdepartmental council for the issues of the military industrial complex and the mobilisation readiness of the country at the Council of Ministers and permit for each transaction, issued by the Interdepartmental commission for export control and non proliferation of the weapons for mass destruction at the Minister of Economy, called hereinafter "Interdepartmental council" and "Interdepartmental commission", headed by ministers. The members and the order for activity of the Interdepartmental council and the Interdepartmental commission shall be determined by the Council of Ministers.
(3) The mediator activity, connected with foreign transactions with weapons, can be implemented by individuals and corporate bodies, who have received license for implementing such activity by the Interdepartmental council.
(4) The licence and the permit shall be issued bodies of para 2 for a definite period and with defined scope. The license shall be issued initially for a term of one year, after the elapse of which each following license shall be issued for a term of 3 years. The permit shall be issued for a term of 6 months and it can be extended only once for a term of 6 months, which term cannot be longer than the term of the license.
(5) The license shall be personal and cannot be transferred or ceded.
(6) (suppl. SG 92/04) For issuing of the licenses and the permits state fees shall be paid to account of the Ministry of Economy in extent, determined by the Council of Ministers.
(7) If necessary the bodies of para 2 can require the statement of other state bodies.
(8) at issuing the licenses and the permits the competent bodies can implement checks and attract specialists – experts, who to give statement about issues, for which special knowledge is required.
Art. 6. (amend. SG 75/02) (1) A license shall be issued to a commercial company under art. 5, para 1 when it meets the requirements for reliability for implement foreign trade activity with weapons and is economically stable.
(2) To the persons of art. 5, para 3 shall be issued a license when they meet the requirement for reliability for implementing mediation activity, connected with foreign trade transactions with weapons and are economically stable, determined under conditions and by order in the regulation for the implementation of the law.
(3) The licensing body shall refuse the issuing of license when the requirements of para 1 or para 2 are not met.
(4) The licensing body shall revoke the conceded license:
1. at occurrence of circumstances, which contradict with the objectives and obligations, determined in para 2;
2. at non fulfilment or breach of the conditions of the license;
3. at non fulfilment of an obligation, provided in this law, established with an act by a competent state body;
4. when the licensed representative has presented incorrect data, which have served as grounds for the issuing of the license;
5. when the licensed stops to meet the requirements of para 1 and 2.
(5) With the decision for revoking shall be determined a term, within which the person cannot apply for the issuing of new license for the same activity. This term cannot be less than 2 years.
(6) The licensing body shall terminate the license:
1. due to elapse of the term;
2. due to its revoking;
3. upon request by the licensed;
4. upon termination of the activity of the commercial company or the corporate body;
5. upon death of the licensed individual.
(7) The refusal to be issued a license or its revoking shall be subject to appeal by court order before the Supreme Administrative Court except the cases when the interests of the national security are affected.
(8) The appeal of para 7 shall not stop the execution of the administrative act.
Art. 7. (amend. SG 75/02) (1) Permit for foreign trade transaction with weapons shall be given only to the commercial companies of art. 5, para 1, having license for such activity. The commercial companies, applying for permit for foreign trade transaction with weapons, shall present to the Interdepartmental commission documents, determined with the regulation for implementation of the law.
(2) The Interdepartmental commission shall give permit upon consensus between the members – representatives of the competent ministries. A decision can betaken as exception also without presence, if the record has been signed without notes by the members of the Interdepartmental commission by an order, determined with the regulation for implementation of the law.
(3) The Interdepartmental commission shall refuse the issuing of permit when:
1. there are circumstances contradicting with the objectives and the obligations, determined in art. 2;
2. some of the documents, determined with the regulation for implementation of the law are missing;
3. the transaction, for which a permit is required, does not correspond with the issued license;
4. the applicant has presented incomplete data.
(4) The Interdepartmental commission shall revoke the conceded permit upon a proposal by each of the members of the commission when:
1. circumstances occur contradicting with the objectives and the obligations, determined in art. 2;
2. the activity, which is implemented, does not comply with the issued permit or license;
3. the applicant has not fulfilled an obligation, provided in this law, which non fulfilment has been established with an act by a competent state body;
4. the applicant has presented incorrect data.
(5) The refusal or the decision to be revoked a permit can be appealed before the Supreme Administrative Court except the cases when the interests of the national security are affected.
(6) The appeal of para 5 shall not stop the execution of the administrative act.
Art. 8. (revoked – SG 75/02).
Chapter three.
REGIME OF THE FOREIGN TRADE OPERATIONS WITH COMMODITIES AND TECHNOLOGIES WITH POSSIBLE DOUBLE USE
Art. 9. (amend. SG 75/02) (1) Foreign trade activity with commodities and technologies with possible double use can be implemented by persons, registered under the Commercial Law of the Republic of Bulgaria, observing the requirements of this law and in compliance legislation in effect.
(2) The export of commodities and technologies with possible double use shall be implemented on the basis of conceded license by the Interdepartmental council and permit for each transaction, issued by the Interdepartmental commission.
(3) The import of commodities and technologies with possible double use shall be implemented on the basis of an issued permit for each transaction, issued by the Interdepartmental commission.
(4) The licence and the permit shall be issued bodies of para 2 for a definite period and with defined scope. The license shall be issued initially for a term of one year, after the elapse of which each following license shall be issued for a term of 3 years. The permit shall be issued for a term of 6 months and it can be extended only once for a term of 6 months, which term cannot be longer than the term of the license.
(5) The license shall be personal and cannot be transferred or ceded.
(6) (suppl. SG 92/04) For issuing of the licenses and the permits state fees shall be paid to account of the Ministry of Economy in extent, determined by the Council of Ministers.
(7) If necessary the bodies of para 2 can require the statement of other state bodies.
(8) The bodies of art. 5, para 2 can attract specialists – experts, who to give statement about issues, for which special knowledge is required.
(9) Mediation activity, connected with foreign trade with commodities and technologies with possible double use, can implement individuals and corporate bodies, who have received licenses for implementing such activity by the Interdepartmental council.
Art. 10. (amend. SG 75/02) (1) To the persons of art. 9, para 1, registered under the Commercial law, shall be issued a license when:
1. they are reliable and economically stable;
2. they certify, depending on the commodities and/or the technologies, that they have created conditions and the necessary organisation for work with the commodities and/or the technologies, pointed out by them.
(2) To the persons of art. 9, para 9 shall be issued a license when they meet the requirements for reliability for implementing of mediation activity, connected with the foreign trade transactions with commodities and technologies with possible double use and are economically stable, determined under conditions and by order in the regulation for implementation of the law.
(3) The licensing body shall refuse the issuing of license to the persons of art. 9, para 1 and 9 when the requirements of para 1 or para 2 are not met.
(4) The licensing body shall revoke the conceded license:
1. at occurrence of circumstances, which contradict with the objectives and obligations, determined in para 2;
2. at non fulfilment or breach of the conditions of the license;
3. at non fulfilment of an obligation, provided in this law, established with an act by the competent state body;
4. when the licensed representative has presented incorrect data, which have served as grounds for the issuing of the license;
5. when the licensed stops to meet the requirements of para 1 and 2.
(5) With the decision for revoking shall be determined a term, within which the person cannot apply for the issuing of new license for the same activity. This term cannot be less than 2 years.
(6) The licensing body shall terminate the license:
1. due to elapse of the term;
2. due to its revoking;
3. upon request by the licensed;
4. upon termination of the activity of the person, registered under the Commercial law or the corporate body;
5. upon death of the licensed individual.
(7) The refusal to be issued a license or its revoking shall be subject to appeal before the Supreme Administrative Court except the cases when the interests of the national security are affected.
(8) The appeal of para 7 shall not stop the execution of the administrative act.
(9) Permit for foreign trade transaction with weapons shall be given only to persons under art. 9, para 1, registered under the Commercial law, having license for such activity. The persons, applying for permit for foreign trade transaction with weapons, shall present to the Interdepartmental commission documents, determined with the regulation for implementation of the law.
(10) The Interdepartmental commission shall give permit upon consensus between the members – representatives of the competent ministries. A decision can betaken as exception also without presence, if the record has been signed without notes by the members of the Interdepartmental commission by an order, determined with the regulation for implementation of the law.
(11) The Interdepartmental commission shall refuse the issuing of permit when:
1. there are circumstances, contradicting with the objectives and the obligations, determined in art. 2;
2. some of the documents, determined with the regulation for implementation of the law are missing;
3. the transaction, for which a permit is required, does not correspond with the issued license;
4. the applicant has presented incomplete data.
(12) The Interdepartmental commission shall revoke the conceded permit upon a proposal by each of the members of the commission when:
1. circumstances occur contradicting with the objectives and the obligations, determined in art. 2;
2. the activity, which is implemented, does not comply with the issued permit or license;
3. the applicant has not fulfilled an obligation, provided in this law, which non fulfilment has been established with an act by a competent state body;
4. the applicant has presented incorrect data.
(13) The refusal or the decision to be revoked a permit can be appealed before the Supreme Administrative Court except the cases when the interests of the national security are affected.
(14) The appeal of para 13 shall not stop the execution of the administrative act.
Art. 11. (revoked – SG 75/02).
Art. 12. (revoked – SG 75/02).
Art. 13. (amend. SG 75/02) (1) Permit at export of commodities and technologies with possible double use, not included in the list of art. 1, para 3 shall be required when the exporter has been notified in writing by the bodies of art. 5, para 2, that:
1. the commodities and technologies with possible double use as a whole or part of them can be used for development, production, use, maintenance, preservation, detection, identification or proliferation of chemical, biological or nuclear weapons or other nuclear explosive devices or for the development, the production, the maintenance or the storing of rockets - carriers of such weapons, which regime is settled by the international agreements for their prohibition or non proliferation;
2. the commodities and technologies with possible double use are designated for the states and the organisations, included in the list of art. 4, para 2.
3. the commodities and technologies with possible double use are designated for military end use.
(2) If the exporter knows, that the commodities and technologies with possible double use, not included in the list of art. 1, para 3, which he has the intention to export, are designated as a whole or part of them for some of the objectives, pointed out in para 1, items 1, 2 and 3, ha shall be obliged to notify the bodies of art. 5, para 2.
Chapter three.
(new – SG 75/02)
Art. 13a. (new – SG 75/02) The transporting of weapons by carriers, registered under the Commercial law, to and from the territory of the Republic of Bulgaria, as well as to and from the territory of third countries, shall be implemented on the basis of an issued license by the Interdepartmental council under conditions and by order, determined in the regulation for implementation of the law.
Art. 13b. (new – SG 75/02) (1) Transit transport through the territory of the Republic of Bulgaria shall be implemented on the basis of an issued permit for transit transport, issued by the Interdepartmental commission. The permit shall be issued for each separate case under conditions and by order, determined in the regulation for implementation of the law.
(2) Transit transport of radioactive, explosive, inflammable, oxidising, corrosion, bacteriological (biological), toxic and pathogenic commodities with possible double use shall be implemented on the basis of permit for transit transport, issued by the Interdepartmental commission, in which are determined the customs points, the route and the term for passing. The permission shall be issued for each separate case under conditions and by order, determined in the regulation for implementation of the law.
Chapter four.
OBLIGATIONS OF THE PARTICIPANTS IN THE FOREIGN TRADE OPERATIONS
Art. 14. (amend. SG 75/02) The persons carrying out foreign trade activity and/or mediation activity with weapons and with commodities and technologies - subject to this law, shall be obliged:
1. (amend. SG 75/02) to keep a separate register for the transactions they conclude under this law, and to keep the transport and trade documents and the information related to the performance of the foreign trade transaction for a period, not less than ten years;
2. to comply with the conditions, under which this activity is permitted and to inform, immediately, in writing the control bodies about any change;
3. to state the name, the occupation and the address of the representatives of the country under the contract and of the end user, responsible for the fulfilment of the obligations under the transaction, and to inform immediately about their replacement;
4. to inform the respective state bodies about a probability for the commodities and technologies with possible double use, subject to the foreign trade operations, to be used in a way provided by Art. 13.
Art. 15. (amend. SG 75/02) (1) The importers and exporters of weapons shall be obliged to include in the foreign trade contract a clause, obliging the buyer, that the purchased weapons shall not be transferred to other individuals or corporate bodies without the explicit consent of the Interdepartmental commission.
(2) For certifying the final use and the end user the exporters of weapons and/or commodities and technologies with possible double use shall present to the Interdepartmental commission a certificate for end use/ end user and/or international certificate for import, issued by the competent bodies of the country of the end user.
(3) Upon request by the country of the exporter the Bulgarian competent bodies shall issue a certificate for end use/end user and/or international certificate for import. The order for issuing of certificate for end use/end user and/or international certificate for import shall be determined in the regulation for implementation of the law.
Art. 16. The licence and permit granted under this law can solely be used by the person to whom they have been granted. The ceding of the licence or the permit or rights over them to another person shall render the licence and the permit void, and the ceding person shall lose his rights, ensuing from them.
Chapter five.
CONTROL OVER THE OBSERVANCE OF THE REGIME FOR THE FOREIGN TRADE OPERATIONS WITH WEAPONS AND WITH COMMODITIES AND TECHNOLOGIES WITH POSSIBLE DOUBLE USE
Art. 17. (amend. SG 75/02) (1) The control over the fulfilment of this law shall be implemented by the bodies of art. 5, para 2, by the competent bodies of the Ministry of Interior, the Ministry of Economy and of Agency "Customs" or by authorised by them officials.
(2) The control shall include inspections before and after the issuance of the licence or permit for foreign trade operations under this law.
(3) When exercising the control the control bodies under para 1 can:
1. require from the persons, implementing foreign trade and/or mediation activity with weapons and/or with commodities and technologies with possible double use the information, necessary for exercising the control;
2. if necessary require the statement other state bodies;
3. visit the zones under customs control on the territory of the Republic of Bulgaria under the conditions and by the order of the legislation in effect;
4. extend requests to the competent bodies of other states for conceding of the information, necessary for the conducting of the control.
(4) The control bodies shall be obliged not to make public the official, industrial and trade secrets of the inspected persons.
(5) If there are data about committed crime the bodies of para 1 shall approach the bodies of the Prosecutor's office.
(6) While carrying out the control representatives of foreign state can participate, in compliance with the international obligations undertaken by the Republic of Bulgaria, on the grounds of international agreements or participation in international organisations.
(7) The Interdepartmental council and the Interdepartmental commission can require from the exporter to include in the contract a clause, allowing physical check by them or officials, authorised by them of the shipment for the foreign trade transaction.
(8) In connection with the objectives of art. 2 the bodies of art. 5, para 2 can require additional information about the foreign trade transaction.
Art. 17a. (new – SG 92/04) (1) The Minister of Economy shall be administrator of the incomes from the fees under this law.
(2) The incomes from the fees shall be used for ensuring the activity and the control under this law.
Art. 18. (amend. SG 75/02) (1) The bodies of art. 5, para 2 shall present to the Council of Ministers annual report about the fulfilment of the law.
(2) The Council of Ministers shall present the report of para 1 to the National Assembly.
Chapter six.
ADMINISTRATIVE AND PUNITIVE PROVISIONS AND PROPRIETARY SANCTIONS
Art. 19. (amend. SG 75/02) To the persons, implementing foreign trade activity with weapons and/or commodities and technologies with possible double use, who do not fulfil their obligations under this law, shall be imposed:
1. to the individuals, as well as to the officials of the commercial companies – fine from 5000 to 50 000 levs, if the committed does not constitute a crime;
2. to the persons, registered under the Commercial Law – proprietary sanction in the double extent of the foreign trade transaction.
Art. 20. (amend. SG 75/02) To the persons, implementing mediation activity, connected with foreign trade transactions with weapons and/or commodities and technologies with possible double use, who do not fulfil their obligations under this law, shall be imposed fine in extent from 5000 to 50 000 levs, respectively proprietary sanctions amounting to the triple amount of the fine.
Art. 21. (revoked SG 75/02).
Art. 22. (1) The acts for establishing the offences shall be issued by the officials from the control bodies under Art. 17, para 1.
(2) (amend. SG 75/02) The penalty decrees shall be issued by the chief of the respective body under para 1 or by an official, authorised by him.
(3) The issuance of acts for establishing administrative offences, the imposing of administrative penalties, the appeal and the fulfilment of the penalty decrees shall be carried out by the order of the Law for the administrative offences and penalties.
Additional provisions
§ 1. In exceptional cases, when there could arise danger for the national security of the country, for violation of its foreign policy interests or for the fulfilment of international obligations undertaken by it, the Council of Ministers can prohibit the import, export, re-export or transit transport of weapons and commodities and technologies with possible double use, regardless of the issued licence and permits.
§ 1a. (new – SG 75/02) In the sense of this law:
1. "The foreign trade activity with weapons and/or with commodities and technologies with possible double use" is the aggregate of all the activities for the preparation and/or the implementation of a foreign transaction of commodities and/or services, including the conceding of customs direction, participation in international tender, when one of the parties in the transaction, regardless of its kind, is a foreign individual or corporate body, registered with right to implement this activity according to its national legislation.
2. "The mediation activities, connected with foreign trade transactions with weapons and/or with commodities and technologies with possible double use" is part of foreign trade activity and includes activities, connected with the preparation and/or the accomplishment of foreign trade transaction, in this number forwarding services, consultancy services, financing, when the person, implementing this activities, is not the physical exporter, importer or re-exporter and when in any way these activities are connected with the territory of the Republic of Bulgaria or with the use of the use of the telecommunication means and post services of the Republic of Bulgaria.
3. "Technology" is technical information, necessary for the development, the production or the use of the commodities. This information shall have the form of technical data or technical assistance:
a) the technical assistance can be in the form of command, skills, training, vocational training and consultancy services and to include submitting of technical data;
b) the technical data can be in the form of projects, drawings, models, formulae, tables, engineering drawings and specifications, written commands or preserved on other carrier.
4. "The export" shall include also the submitting of software and technologies by electronic means, fax or telephone out of the boundaries of the Republic of Bulgaria. This shall apply also for the verbal transfer of technologies with technical means only in the cases, when the technical data are contained in a document, which respective part has been read in voice or described in such a way, that to significant extent the same result has been achieved.
5. "Military final use" means:
a) introduction of military commodities, included in the list of art. 1, para 3;
b) use of equipment for production, trial and its components for the development, the production or the maintenance of military products, included in the list of art. 1, para 3;
c) the use of unfinished products in a plant for the production of military products, included in the list of art. 1, para 3.
6) "International regimes for export control" are organisations without defined international legal statute, which agreements do not have obligatory character, but are fulfilled by the states under voluntary basis as the Vasenaar agreement, Group of the nuclear suppliers, the Australian group, the Regime for control over the rocket technologies, the Zanger committee etc.
7. The commercial company shall be considered as reliable for implementing of foreign trade with weapons if:
a) it has created the necessary organisation for preservation of weapons according to the requirements of the legislation in effect;
b) it has created the necessary organisation for preservation of the state secret according to the requirements of the legislation in effect;
c) it has co-ordinated bodies for security a list of the individuals, who directly participate in the foreign trade activity with weapons;
d) manager, members of management and control body of the commercial company or individual (individuals) of item c) have not been sentenced with a sentence entered into force for a crime of general character;
e) there are no data, that a manager or members of management or control body of the commercial company or the individual (individuals), who directly participate in the implementation of the foreign trade activity with weapons are threat for the national security, the economic and the foreign political interests of the Republic of Bulgaria, the strengthening of the international peace and security and the fulfilment of the international obligations of the Republic of Bulgaria.
The circumstances shall be checked with document by the respective competent body.
8. The commercial company shall be considered as economically stable for implementing of foreign trade activity with weapons if:
a) it has not been announced insolvent or is not in procedure for announcing insolvency;
b) termination of activity and announcing in liquidation have not been entered;
c) there are no liquid and exigible public liabilities, liabilities to the insurance funds, as well as to individuals or corporate bodies, when the liability has been recognised before the body for compulsory execution or when it is established with a court decision, entered into force, with a document, certified by a notary, or a security order.
9. The persons of art. 9, para 1, registered under the Commercial Law, shall be reliable and economically stable, when they meet the requirements of item 7 c), d) and e) and item 8. The circumstances shall be checked with a document by the respective competent body
Transitional and concluding provisions
§ 2. In Art. 5, para 3, item 1 of the Law for the economic activity of foreign persons and for protection of foreign investments (prom., SG, No 8 of 1992; amend., No 92 of 1995) the words "and trade with" are replaced by the word "of".
§ 3. In the Penalty Code (prom., SG, No 26 of 1968; corr. No 29 of 1968; amend. and rider No 92 of 1969, No 26 and 27of 1973, No 89 of 1974, No 95 of 1975, No 3 of 1977, No 54 of 1978, No 89 of 1979, No 28 of 1982; corr., No 31 of 1982; amend. and rider No 44 of 1984, No 41 and 79 of 1985; corr., No 80 of 1985; amend. and rider No 89 of 1986; corr., No 90 of 1986; amend. No 37, 91 and 99 of 1989, No 10, 31 and 81 of 1990, No 1 and 86 of 1991; corr., No 90 of 1991; amend. No 105 of 1991, No 54 of 1992, No 10 of 1993 and No 50 of 1995) new Art. 233 is created:
"Art. 233. (1) Who carries out foreign trade operations with commodities and technologies with possible double use, without the respective permit, shall be sentences to prison of up to 6 years and fine up to 500 levs.
(2) For especially grave cases under para 1 the penalty shall be prison of 3 to 8 years and a fine of up to 1 thousand levs.
(3) In negligible cases under para 1 the penalty shall be up to 50 levs.
(4) The commodities with possible double use, subject to the crime, shall be confiscated in favour of the state, regardless of the ownership, and if they miss or they have been expropriated, their value shall be adjudged, determined according to the foreign trade contract."
§ 4. The law shall cone into force within 2 months upon its promulgation in the State Gazette.
§ 5. The fulfilment of the law is assigned to the Council of Ministers, which shall adopt regulations for its implementation within one month from the enactment of the law.
The Law was adopted by the 37th National Assembly on November 8, 1995 and was affixed with the state seal.
Transitional and concluding provisions
of the Law for amendment and supplement of the Law for the control over the foreign trade operations with weapons and with commodities and technologies with possible double use (SG 75/02)
§ 24. The law shall enter into force one month after its promulgation in State Gazette. The implementation of the law shall be assigned to the Council of Ministers, which shall approve regulation for its implementation in one month term after this law enters into force.
The law was passed by the 39th National Assembly on July 18, 2002 and is affixed with the official seal of the National Assembly.
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