Pursuant to Article 4(3), Article 9(1), and Article 12(2) of the Act regulating the control of exports of dual-use items (Official Gazette – OG RS Nos. 37/04 and 8/10), and Article 21(7) of the Government of the Republic of Slovenia Act (OG RS No 24/05–official consolidated text and 109/08), the Government of Republic of Slovenia hereby issues the following
D E C R E E
on the procedures for issuing authorisations and certificates and on competence of the Commission for the control of exports of dual use items
Article 1
(Contents)
(1) This decree shall govern the documentation and the procedures for issuing authorisations, certificates and the prohibition of transit, and stipulate the tasks and the operational methods of the Commission for the control of exports of dual use items (hereinafter: the Commission).
(2) This decree shall stipulate the reporting and keeping of registers, and the possibility of issuing a global authorisation for implementing the Council Regulation (EC) 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (OJ L 134 of 29 May 2009, p. 1; hereinafter: Regulation 428/2009/EC).
Article 2
(Authorisation for exports, transfer, and brokering services for dual-use items)
(1) Authorisations referred to in Article 4(1) of the Act regulating the control of exports of dual-use items (Official Gazette RS Nos. 37/04 and 8/10; hereinafter: the Act) are individual and shall be issued with the period of validity not exceeding one year.
(2) Pursuant to Articles 9(2) and 12(2) of Regulation 428/2009/EC, the Ministry of the Economy (hereinafter: the Ministry) may, without prejudice to paragraph 1 above, grant a global export authorisation. This type of authorisation is valid for up to two years, and may be extended on the request of the exporter for a period not longer than two years.
Article 3
(International Import Certificate and Delivery Verification Certificate )
(1) Certificates referred to in Article 12(1) of this Act shall be individual.
(2) International Import Certificate shall be issued on the request of the importer of dual-use items before the intended import and shall be valid for six months.
(3) Delivery Verification Certificate shall be issued on the request of the importer of goods after the completed import of dual-use items. On the request of the ministry, the Customs Administration of the Republic of Slovenia shall verify the veracity of the statements in the application.
(4) The provisions of this Article shall apply, mutatis mutandis, to the transfers of dual-use items within the European Union.
Article 4
(Applications for the issue of authorisations and certificates)
(1) The application for granting the authorisation under Article 4 (1), indents 1 and 3 of the Act shall be lodged at the Ministry on the form prescribed in Annex 1, which is a constituent part of this Decree.
(2) The application for granting the authorisation under Article 4 (1), indent 2 of the Act shall be lodged at the Ministry on the form prescribed in Annex 2, which is a constituent part of this Decree.
(3) The application referred to in paragraphs 1 and 2 above shall be enclosed by the certificate on the end-use of the items and their consignee in the Slovenian and English language. The end-use certificate is linked to the nature of dual-use items and the activity, and is defined in Annex 3, which is a constituent part of this Decree. The application shall be enclosed by technical documentation on the exported goods.
(4) The application for granting the authorisation for the provision of technical assistance shall contain the applicant's description of technical assistance, the duration, and the consignee, including the description of goods, the tariff number, and the designation of dual-use items under Annex 1 of Regulation 428/2009/EC the technical assistance refers to.
(5) The application for granting the international import certificate for dual-use items shall be lodged at the Ministry on the form prescribed in Annex 4, which is a constituent part of this Decree.
(6) The application for granting the Delivery Verification Certificate on the delivery of dual-use items shall be lodged at the Ministry on the form prescribed in Annex 5, which is a constituent part of this Decree.
(7) The issue of authorisations and certificates referred to in this Article shall be taxed by fees determined by tariff numbers 1, 3 and 4 of the Tax Fees in the Administrative Fees Act (OG RS No. 42/07 - Official Consolidated Text and 126/07).
Article 5
(Granting of authorisations)
(1) All authorisations and certificates governed by this decree shall be issued in two copies, of which one shall be received by the applicant, and the other shall be deposited at the Ministry.
Article 6
(Modification, denial, revocation, and annulment of authorisation)
(1) Authorisations under Articles 2 of this Decree may be denied, annulled, modified, revoked, or suspended by the competent authorities in accordance with Article 13(1) of Regulation 428/2009/EC, if it has been established that any piece of information in the application is not true, or if any circumstance, after the authorisation has already been granted, has changed so that the international commitments and responsibilities binding on the Republic of Slovenia request such action.
(2) Authorisations under Articles 2 of this Decree may be denied, annulled, modified, revoked, or suspended also on the request of the applicant, if the circumstances which were the basis for issuing the authorisation have changed and are attributable to the exporter, broker, importer, end-user, or the person providing technical assistance.
Article 7
(The duty of reporting and keeping the registers)
(1) Following the issued individual authorisation, exporters, brokers, or persons providing technical assistance shall report to the ministry on the performance within fifteen days after each, even partly completed transaction for which the authorisation was granted.
(2) Holders of a global export authorisation shall report on the performed exports to the ministry twice a year, by 15 July and 15 January.
(3) Exporters using the Community General Export Authorisation stated in Article 9(1) of Regulation 428/2009/EC, shall notify the Ministry within thirty days following the first export. Users of the Community General Export Authorisation shall submit the report to the Ministry on the performed export transactions twice a year, by 15 July 15 January.
(4) The report under paragraph 1 above shall be forwarded to the Ministry on the form prescribed in Annex 6, which is a constituent part of this Decree.
(5) The report under paragraphs 2 and 3 shall be forwarded to the Ministry on the form prescribed in Annex 7, which is a constituent part of this Decree.
(6) Following the granted international import certificate, the importer shall report to the Ministry on the completed import transaction within fifteen days. The report shall be forwarded to the Ministry on the form prescribed in Annex 8, which is a constituent part of this Decree.
(7) Th holder shall return the used authorisation to the Ministry within 15 days following the completed transaction, or not later than 15 days after the expiry of the validity.
(8) Registers or records referred to in Article 20 of Regulation 428/2009/EC shall be kept five years from the end of the calendar year in which the transaction was completed.
Article 8
(Transit)
(1) Non-Community goods from Annex 1 of Regulation 428/2009/EC, intended for uses referred to in Article 4(1) of Regulation 428/2009/EC, which are introduced or placed in the transit procedure across the customs territory of the European Union, shall be temporarily seized by the customs authorities who issue a decision on the temporary seizure for not more than ten working days; in exceptional circumstances, this period can be extended for not more than thirty working days. The customs authorities notify the Ministry and the declarant (the holder of items) on the temporary seizure of goods.
(2) The decision on the prohibition of transit or release of goods to the declarant or holder of goods shall be issued by the Ministry pursuant to Article 4(2) of this Act. The decision shall be issued within the period stated in paragraph 1 above.
Article 9
(Commission for the control of exports of dual use items)
(1) The tasks of the Commission include in particular:
- deliver opinions before granting the authorisations, taking into account the relevant considerations under Article 12 of Regulation 428/2009/EC, and deliver opinions before granting the international import certificates;
- exchange of information and proposals relevant for the control of exports, transfers in the customs territory of the European Union, brokering and transit of dual-use items and intended for the provision of technical assistance;
- coordination and cooperation in implementing Regulation 428/2009/EC and the Act.
(2) The Commission works and adopts decisions during the meetings convened and chaired by a Commission member - a representative from the ministry. The Commission shall define in detail the organisation and the method of work in its Rules of Procedure.
(3) The Government of the Republic of Slovenia shall appoint one member of the Commission and its alternate, a representative of the Ministry of the Economy, Ministry of Foreign Affairs, Ministry of the Interior, Ministry of Defence, the Nuclear Safety Administration of the Republic of Slovenia, Chemicals Office of the Republic of Slovenia, Customs Administration of the Republic of Slovenia, and the Slovene Intelligence and Security Agency, within thirty days following the enforcement of this Decree.
(4) The Commission shall submit annual reports on its work to the Government of the Republic of Slovenia.
Article 10
(Electronic issue of authorisations and data exchange among members)
The Ministry may arrange an electronic system of issuing authorisations and certificates. Equally, the Ministry may establish a safe electronic system data exchange among members of the Commission.
Transitional and final provisions
Article 11
(The Commission)
The Commission, appointed pursuant to Article 9(1) of the Act, and Article 7(2) of the Decree on the control of exports of dual-use items (Official Gazette RS, Nos. 53/05 and 4/06), shall continue its work after the enforcement of the present Decree until the designation of the Commission in line with Article 9(3) above.
Article 12
(Applications before the enforcement of this Decree)
The cases which have already been initiated upon the coming into force of this Decree, or in respect of which the application has already been lodged upon the coming into force of this Decree, shall be completed according to the Decree on the control of exports of dual-use items (Official Gazette RS, Nos. 53/05 and 4/06).
Article 13
(Termination of validity of the rules)
The Decree on the control of exports of dual-use items (Official Gazette RS, Nos. 53/05 and 4/06) shall cease to apply on the date of entry into force of this Decree; it will continue to be applied, however, for completing the procedures stated in the previous Article.
Article 14
(Entry into force)
This Decree shall enter into force on the day following its publication in the Official Gazette of the Republic of Slovenia.
No.
Ljubljana, this day of
EVA 2009-2111-0267
Government of Republic of Slovenia
Borut Pahor, s.
President
Annexes:
Annex 1 – application form for granting the authorisation for export/transfer of dual-use items
Annex 2 – application form for the issue of authorisation to provide brokering services for dual-use items
Annex 3 – end-use certificate in the Slovenian and the English language
Annex 4 – application form for the issue of International Import Certificate for dual-use items
Annex 5 – application form for the issue of Delivery Verification Certificate
Annex 6 – Report on the completed exports based on individual authorisations
Annex 7 – Report on the completed exports based on global or general authorisations
Annex 8 – Report on the completed import transaction based on the International Import Certificate
Annex 1
APPLICATION FOR GRANTING THE AUTHORISATION FOR EXPORT/ TRANSFER OF DUAL-USE ITEMS
0 / 1. Exporter / 2. Identification number / 3. Expiry date of the envisaged export/transferapplication / 4. Contact point details / Phone:
Telefax:
5. Consignee / 6.
Ministry Of THE ECONOMY
Kotnikova ulica 5, 1000 Ljubljana
The application is lodged in line with Article 5(1) of the Regulation defining the procedures, the forms, the duties of applicants, and the role of the Commission in controlling dual-use items
7. Agent/representative
(if different from exporter)
8. Country of origin (if known) / Country code
0 / 9. Country of receipt / Country
code
10. End user
(if different from consignee) / 11. Member State of intended entry into the customs export procedure / Country code
12. Member State where the export customs procedure will be initiated / Country code
13. Country of final destination / Country code
14. Description of the items / 15. Harmonised System or Combined Nomenclature Code (if applicable with 8 digit); CAS, number if available) / 16. Commodity code for the listed dual-use items
17. Currency and Value / 18. Total quantity
of items
19. End use / 21. Customs export procedure (please mark):
A – Export of goods
B – Intra-Community transfer of goods / 22. I am applying for an INDIVIDUAL authorisation for the … (please mark):
A – single export/supply
B – several partial
exports/supplies
I am applying for the GLOBAL EXPORT authorisation
(please mark)
20. Contract date
23. Additional information (technical characteristics of goods)
24. I, the undersigned responsible person of the exporter, hereby apply for the issue of the authorisation for export/transfer of dual-use items and declare that all the information in this application and the Annexes is true.
______Stamp
(Place and date)
______
(Name and surname and original signature of the responsible person)
Annex 2
APPLICATION FOR THE ISSUE OF AUTHORISATION TO PROVIDE BROKERING SERVICES FOR DUAL-USE ITEMS
0 / 1. Broker/Applicant / 2. Identification number / 3. Expiry date of the envisaged provision of brokering servicesapplication / 4. Contact point details / Phone no.
Telefax
5. Exporter in originating third country / 6.
Ministry Of THE ECONOMY
Kotnikova ulica 5, 1000 Ljubljana
The application is lodged in line with Article 5(1) of the Regulation defining the procedures, the forms, the duties of applicants, and the role of the Commission in controlling dual-use items.
7. Consignee in in third country of destination
8. Member State in which the broker is resident or established / Country code
0 / 9. Originating third country/Third country of location of the items subject to brokering services / Country code
10. End user (if different from Consignee) / 11. Third country of destination / Country code
12. Third parties involved, e.g. agents (if applicable) / Country code
13. Description of the items / 14. Harmonised System or Combined Nomenclature Code / 15. Commodity code for the listed dual-use items
16. Currency and Value / 17. Quantity of the items
18. End use
19. Additional information (technical characteristics of goods)
20. I, the undersigned responsible person of the broker, hereby apply for the issue of the authorisation for the provision of brokering services for dual-use items and declare that all the information in this application and the Annexes is true.
______Stamp
(Place and date)
______
(Name and surname and original signature of the responsible person)
Annex 3