1 Working Translation Foreign Trade and Payments Act ... - Bafa
1 Working Translation Foreign Trade and Payments Act ... - Bafa 1 Working Translation Foreign Trade and Payments Act ... - Bafa
24 Union which serves to implement an economic sanction adopted by the Council of the European Union in the field of Common Foreign and Security Policy. (2) A prison sentence of up to five years or a fine shall be imposed on anyone who violates the Foreign Trade and Payments Ordinance by 1. exporting goods cited in it without a licence pursuant to Section 8 subsection 1, Section 9 subsection 1 or Section 78 2. exporting goods in violation of Section 9 subsection 2 sentence 2 3. transferring goods cited in it without a licence pursuant to Section 11 subsection 1 sentence 1 4. undertakes a trafficking and brokering transaction without a licence pursuant to Section 46 subsection 1, also in conjunction with Section 47 subsection 1, or without a licence pursuant to Section 47 subsection 2, 5. undertakes a trafficking and brokering transaction in violation of Section 47 subsection 3 sentence 3, 6. provides technical support without a licence in violation of Section 49 subsection 1, Section 50 subsection 1, Section 51 subsection 1 or subsection 2 or Section 52 subsection 1 or 7. provides technical support in violation of Section 49 subsection 2 sentence 3, Section 50 subsection 2 sentence 3, Section 51 subsection 3 sentence 3 or Section 52 subsection 2 sentence 3. (3) The same punishment shall be imposed on anyone who violates Council Regulation (EC) No. 2368/2002 of 20 December 2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds (OJ L 358 of 31 December 2002, p. 28), most recently amended by Regulation (EC) No. 1268/2008 (OJ L 338 of 17 December 2008), by 1. importing rough diamonds in violation of Article 3 or 2. exporting rough diamonds in violation of Article 11. (4) The same punishment shall be imposed on anyone who violates Council Regulation (EC) No. 1236/2005 of 27 June 2005 concerning trade in certain goods which could be
25 used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment (OJ L 134 of 30 July 2005, p. 1, L 79 of 16 March 2006, p. 32), most recently amended by Regulation (EU) No. 1352/2011 (OJ L 338 of 21 December 2011, p. 31) by 1. exporting goods cited in Article 3(1) sentence 1 in violation of that provision, 2. supplying technical assistance related to goods cited in Article 3(1) sentence 2 in violation of that provision, 3. importing goods cited in Article 4(1) sentence 1 in violation of that provision, 4. accepting technical assistance related to goods cited in Article 4(1) sentence 2 in violation of that provision or 5. exporting goods cited in Article 5 without a licence pursuant to that provision. To the extent that the provisions cited in sentence 1 refer to Annex II or Annex III of Regulation (EC) No. 1236/2005, these Annexes shall apply in their relevant latest versions. (5) The same punishment shall be imposed on anyone who violates Council Regulation (EC) No. 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, L 224 of 27 August 2009, p. 21) by 1. exporting dual-use goods without a licence pursuant to Article 3(1) or Article 4(1), (2) sentence 1 or (3), 2. exporting goods without a decision by the competent authority on whether a licence is required or without obtaining an licence from the competent authority in violation of Article 4(4) second half-sentence, 3. providing a brokering service without an authorisation pursuant to Article 5(1) sentence 1 or 4. providing a brokering service without a decision by the competent authority on whether authorisation is necessary or without obtaining an authorisation from the competent authority in violation of Article 5(1) sentence 2 second half-sentence. To the extent that the provisions cited in sentence 1 refer to Annex I of Regulation (EC) No. 428/2009, this Annex shall apply in the relevant latest version. In the cases of sentence 1 no. 2, the exporter shall be equivalent to a person who undertakes the
- Page 1 and 2: 1 Working Translation Foreign Trade
- Page 3 and 4: 3 Part 1 Legal transactions and act
- Page 5 and 6: 5 (7) Country of destination shall
- Page 7 and 8: 7 (15) Residents shall mean 1. natu
- Page 9 and 10: 9 (24) Securities shall mean 1. sec
- Page 11 and 12: 11 (2) In foreign trade and payment
- Page 13 and 14: 13 (5) Restrictions or obligations
- Page 15 and 16: 15 (3) If the issuing of licences i
- Page 17 and 18: 17 1. it can be ascertained whether
- Page 19 and 20: 19 a) in the case of Section 6 subs
- Page 21 and 22: 21 examination procedure that the F
- Page 23: 23 (6) In the cases of subsection 1
- Page 27 and 28: 27 Section 19 Provisions on fines (
- Page 29 and 30: 29 Section 20 Confiscation and exte
- Page 31 and 32: 31 The government of a Land can tra
- Page 33 and 34: 33 (5) Anyone who participates dire
- Page 35 and 36: 35 transmission of personal data ca
- Page 37: 37 (2) In the cases of subsection 1
25<br />
used for capital punishment, torture or other cruel, inhuman or degrading treatment or<br />
punishment (OJ L 134 of 30 July 2005, p. 1, L 79 of 16 March 2006, p. 32), most<br />
recently amended by Regulation (EU) No. 1352/2011 (OJ L 338 of 21 December 2011,<br />
p. 31) by<br />
1. exporting goods cited in Article 3(1) sentence 1 in violation of that provision,<br />
2. supplying technical assistance related to goods cited in Article 3(1) sentence 2 in<br />
violation of that provision,<br />
3. importing goods cited in Article 4(1) sentence 1 in violation of that provision,<br />
4. accepting technical assistance related to goods cited in Article 4(1) sentence 2 in<br />
violation of that provision or<br />
5. exporting goods cited in Article 5 without a licence pursuant to that provision.<br />
To the extent that the provisions cited in sentence 1 refer to Annex II or Annex III of<br />
Regulation (EC) No. 1236/2005, these Annexes shall apply in their relevant latest<br />
versions.<br />
(5) The same punishment shall be imposed on anyone who violates Council Regulation<br />
(EC) No. 428/2009 of 5 May 2009 setting up a Community regime for the control of<br />
exports, transfer, brokering <strong>and</strong> transit of dual-use items (OJ L 134 of 29 May 2009, p. 1,<br />
L 224 of 27 August 2009, p. 21) by<br />
1. exporting dual-use goods without a licence pursuant to Article 3(1) or Article 4(1),<br />
(2) sentence 1 or (3),<br />
2. exporting goods without a decision by the competent authority on whether a<br />
licence is required or without obtaining an licence from the competent authority in<br />
violation of Article 4(4) second half-sentence,<br />
3. providing a brokering service without an authorisation pursuant to Article 5(1)<br />
sentence 1 or<br />
4. providing a brokering service without a decision by the competent authority on<br />
whether authorisation is necessary or without obtaining an authorisation from the<br />
competent authority in violation of Article 5(1) sentence 2 second half-sentence.<br />
To the extent that the provisions cited in sentence 1 refer to Annex I of Regulation (EC)<br />
No. 428/2009, this Annex shall apply in the relevant latest version. In the cases of<br />
sentence 1 no. 2, the exporter shall be equivalent to a person who undertakes the
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