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
28 the European Union governing the restriction of foreign trade and payments transactions the substance of which corresponds to a regulation authorised by 1. subsection 3 no. 1 letter a or 2. subsection 3 no. 1 letter b to the extent that an ordinance pursuant to sentence 2 refers to this provision on fines for certain circumstances and the criminal act is not subject to punishment in Section 18 subsection 1, 3 to 5, 7 or 8. The Federal Ministry of Economics and Technology is authorised, to the extent necessary to implement the acts of the European Communities or the European Union, to issue an ordinance without the approval of the Bundesrat defining the circumstances which can be punished as an administrative offence pursuant to sentence 1. (5) An administrative offence is committed by anyone who intentionally or negligently violates a directly applicable provision contained in acts of the European Communities or the European Union published in the Official Journal of the European Communities or the European 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 by 1. not transmitting information or not doing so correctly, fully or in time, 2. not submitting a prior notification or not submitting it correctly, fully, in the prescribed fashion, or in time, 3. not retaining a record of transactions or not retaining it for the prescribed period or not providing it or not providing it in time or 4. not informing a competent body or authority or not informing it in time. (6) In the cases of subsections 1, 3 no. 1 letter a and subsection 4 sentence 1 no. 1, the administrative offence can be punished by a fine of up to five hundred thousand euro, in the other cases by a fine of up to thirty thousand euro.
29 Section 20 Confiscation and extended forfeiture (1) If a criminal offence pursuant to Section 17 or Section 18 or an administrative offence pursuant to Section 19 has been committed, the following objects can be confiscated: 1. objects to which the criminal or administrative offence is related, and 2. objects which were used or intended for the committing or preparation. (2) Section 74a of the Criminal Code and Section 23 of the Act on Administrative Offences shall be applied. (3) In the cases of Section 17 subsection 2 no. 2 or subsection 3, each also in conjunction with subsection 7, and of Section 18 subsection 7 no. 2 or subsection 8, each also in conjunction with subsection 10, Section 73d of the Criminal Code shall be applied. Section 21 Tasks and powers of the customs authorities (1) In the case of criminal and administrative offences pursuant to Sections 17 to 19 of this Act or pursuant to Section 19 subsection 1 to 3, Section 20 subsection 1 and 2, Section 20a subsection 1 to 3, each also in conjunction with Section 21, or pursuant to Section 22a subsection 1 no. 4, 5 and 7 of the War Weapons Control Act, the public prosecutor’s office can have investigations carried out pursuant to Section 161 subsection 1 sentence 1 of the Code of Criminal Procedure by the main customs offices or the customs investigation offices. The administrative authority within the meaning of Section 22 subsection 3 sentence 1 can in the cases of sentence 1 also have investigations carried out by a different main customs office or the customs investigation offices.
- 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 and 24: 23 (6) In the cases of subsection 1
- Page 25 and 26: 25 used for capital punishment, tor
- Page 27: 27 Section 19 Provisions on fines (
- 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
28<br />
the European Union governing the restriction of foreign trade <strong>and</strong> payments transactions<br />
the substance of which corresponds to a regulation authorised by<br />
1. subsection 3 no. 1 letter a or<br />
2. subsection 3 no. 1 letter b<br />
to the extent that an ordinance pursuant to sentence 2 refers to this provision on fines<br />
for certain circumstances <strong>and</strong> the criminal act is not subject to punishment in Section 18<br />
subsection 1, 3 to 5, 7 or 8. The Federal Ministry of Economics <strong>and</strong> Technology is<br />
authorised, to the extent necessary to implement the acts of the European Communities<br />
or the European Union, to issue an ordinance without the approval of the Bundesrat<br />
defining the circumstances which can be punished as an administrative offence pursuant<br />
to sentence 1.<br />
(5) An administrative offence is committed by anyone who intentionally or negligently<br />
violates a directly applicable provision contained in acts of the European Communities or<br />
the European Union published in the Official Journal of the European Communities or<br />
the European Union which serves to implement an economic sanction adopted by the<br />
Council of the European Union in the field of Common <strong>Foreign</strong> <strong>and</strong> Security Policy by<br />
1. not transmitting information or not doing so correctly, fully or in time,<br />
2. not submitting a prior notification or not submitting it correctly, fully, in the<br />
prescribed fashion, or in time,<br />
3. not retaining a record of transactions or not retaining it for the prescribed period<br />
or not providing it or not providing it in time or<br />
4. not informing a competent body or authority or not informing it in time.<br />
(6) In the cases of subsections 1, 3 no. 1 letter a <strong>and</strong> subsection 4 sentence 1 no. 1, the<br />
administrative offence can be punished by a fine of up to five hundred thous<strong>and</strong> euro, in<br />
the other cases by a fine of up to thirty thous<strong>and</strong> euro.