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What is required for export? |
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Dual-use items and technologies, for which export authorization is required, are listed in Annex I to Regulation (EC) ¹ 428/2009. Also consider the exemptions, as set forth in the Arms and Dual-Use Items and Technologies Export Control Act, also requiring an export authorization, as follows:
•Dual-use items, not listed in Annex I to Regulation (EC) ¹ 428/2009, when the provisions of art. 4, paragraphs 1 – 5 of the same Regulation are applicable. For instance: when the items in question are or may be intended, in their entirety or in part, for use in connection with the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or other nuclear explosive devices or the development, production, maintenance or storage of missiles capable of delivering such weapons, or if the purchasing country or country of destination is subject to an arms embargo decided by a common position or joint action adopted by the Council or a decision of the OSCE or an arms embargo imposed by a binding resolution of the Security Council of the United Nations and if the exporter has been informed by the authorities referred to in paragraph 1 that the items in question are or may be intended, in their entirety or in part, for a military end-use.
•dual-use items not listed in Annex I of Regulation 428/2009, which are specified in an act of the Council of Ministers as threatening public security and human rights. At present there is no such list adopted.
In case that the items you intend to export are listed in Annex I of Regulation 428/2009 you have to register with the Interministerial Commission for Export Control and Non-proliferation of Weapons of Mass Destruction (the Interministerial Commission) for export, submitting an application for export registration accompanied by the required documents, as listed below. The procedure for registration is stipulated in the Regulation on implementation of the Law on Export Control of Arms and Dual-use Items and Technologies (the Regulation) – Art. 27.
Documents required to be submitted to the Interministerial Commission for registration:
1. a filled-in application – Annex No. 18 of the Regulation;
2. certificate for registration in the commercial register or a copy of the original court registration or a notarized copy of a court certificate of current status, granted up to 30 days prior to submitting the application and reflecting all changes to the circumstances, entered on the commercial register, as at the moment of submission of the application;
3. a list of individuals, who are directly involved in this activity, accompanied by CV’s and an employment records, an original or a notarized copy of a certificate of clear criminal record and a notarized specimen if the signature, as well as an information whether the person holds clearance for access to classified information;
4. certificates of clear criminal record of the single-person trader, manager, executive director, the members of the managing and control bodies of the legal person, and if such members are legal persons – of their representatives in the respective managing body;
5. company unified identification code;
6. certificate from the respective territorial directorate of the National Revenue Agency concerning the lack of liquid and enforceable public receivables;
7. statement by the sole proprietor, manager, members of the management and supervisory body of the commercial company that the applicant has no liquid and payable debts to individuals or legal persons, when such debt has been recognized by the enforcement body
8. statement by the sole proprietor, manager, members of the management and supervisory body of the commercial company that they are not related to persons and organizations that have infringed the laws, regulating the activities with dual-use items and technologies in the member states and third states;
9. a receipt for state fee paid– cf. charge rates collected under the Export control law.
Once the registration has been processed, you will be given a certificate for registration, issued by specimen - Annex No. 19 of the Regulation, valid for 3 years, on expiration of which every next registration shall be for the same period. In case of change in the circumstances, under which the certificate has been issued, you must file an application with the Interministerial Commission within 14 days after such change has occurred.
Once you have been registered for export and transfer and hold a certificate for registration, you may file an application for an export authorization of dual-use items and technologies.
Types of export authorizations:
1. Individual export authorization – valid for up to 1 year, subject to one extension up to 6 months.
The individual export authorization is issued in the form of Annex No. 20 the Regulation, for a given country by one delivery or by partial deliveries pursuant to trade relations between the exporter and the foreign counter party.
2. Global export authorization – valid for up to 2 years, subject to one extension up to 1 year.
The global export authorization is issued in the form of Annex No. 20 the Regulation, for export of a given type or category of dual-use items, stated in Annex I, except for the items, mentioned in part 2 of Annex II of Regulation 428/2009, which is valid for export to one or more countries of dual-use items, stated in part 1 of Annex IV of Regulation 428/2009.
3. General export authorization – published by the Interministerial Commission – valid for up to 2 years, subject to one time extension up to 1 year.
The general export authorization is issued for export of dual-use items of Annex I, except for the items, mentioned in part 2 of Annex IV of Regulation 428/2009. The general export authorization is published by the Interministerial Commission. Note: When issuing a general export authorization, the Interministerial Commission notifies the exporters that the authorization may not be used when the items are or may be designed, in full or in part, for use in the cases, provided in art. 4, paragraphs 1 – 5 of Regulation 428/2009 – described above. Within 5 working days prior to performing the export, the exporter shall present to the Interministerial Commission a form of a statement – AnnexNo. 21 the Regulation.
4. General export authorization of the Community.
Documents, required to be submitted to the Interministerial Commission to obtain an export authorization:
1. completed form of an application – Annex No. 22 or Annex No. 23 the Regulation depending on the type of authorization;
2. completed form of Annex No. 20 the Regulation in four copies;
3. an original of a certificate for end use/end user and/or international import certificate, issued by the competent authorities of the end user’s country, and a certified translation in Bulgarian language;
4. a copy and a certified Bulgarian translation of a document, including the details: parties to the transaction; name of goods; technical parameters; quantity; terms of delivery; price; term of performance; a clause for non-admission of reexport by the buyer and/or the end user without the written consent of the Interministerial Commission, and verifying the foreign trade relations (contract and/or order), and of a document, certifying the participation of other persons in the transaction other than the foreign importer and/or the end user (a broker, a forwarder, a carrier and other);
5. a copy and a certified Bulgarian translation of a document, certifying the eligibility of the participants in the transaction to carry out the respective activities;
6. a copy and a certified Bulgarian translation of a document by the manufacturer of the dual-use items, certifying their technical performance, functional purpose, quality and quantity composition;
7. a copy and a certified Bulgarian translation of a document, certifying the origin and acquisition of the item;
8. A proof for paid state fee – cf. Charge rates collected under the law on Arms and dual-use items and technologies.
In case that according to the national laws of the country the document under p. 5 is not issued, submit (as an applicant) to the Interministerial Commission a written statement by the importer and a certified Bulgarian translation for this effect.
Note: When filing an application for a global export authorization, you must present documents, certifying that for the previous year you have performed and/or will perform in the coming year, on the basis of contractual relations, no less than ten exports of dual-use items, as described in the application, for the consignees stated therein. |
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