 |
 |
What is required for transfers of arms to the territory of Bulgaria? |
| |
“Transfer to the territory of Bulgaria” is conveyance of arms or technical assistance from the territory of other country to the territory of the Republic of Bulgaria, without leaving the customs territory of the Community.
To perform arms transfers to Bulgaria, you are required to hold:
- a general or limited authorization for export, import and transfer of arms, issued by the Interdepartmental Council on the Issues of the Military-Industrial Complex and the Mobilization Preparedness of the Country with the Council of Ministers;
- a license for transfer of arms, issued by the Interministerial Commission for Export Control and Non-Proliferation of the Weapons of Mass Destruction with the Ministry of Economy and Energy.
In case of transfer to the territory of the Republic of Bulgaria the end-user shall declare that the transferred arms:
will not be re-exported or conveyed to third parties, individuals and/or legal persons, without the authorization of the Bulgarian competent authorities
will be used in the strict compliance with the effective Bulgarian laws
it will notify within 5 working days the Interministerial Commission prior to every subsequent change to the end-user of te arms on the territory of the Republic of Bulgaria, except in the cases of sales throughout the commercial network
Every next end-user shall fill in such a declaration.
The authorization for export, import and transfer of arms may be general or limited with respect of the positions of the list of arms and/or the country of the end-user or the exporter. The limited authorization is issued for not more than two-thirds of the List of Arms and/or for not more than 5 countries against which no restrictive measures have been imposed.
Persons, applying to obtain an authorization, shall submit the following documents to the Interdepartmental Council:
1. an application according to a sample approved in the regulation on implementing of the Act;
2. a current 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 at the moment of submission of the application;
3. a document issued by the competent court that the applicant has not been declared bankrupt or is not subject to bankruptcy proceedings, as well as that no termination of operation has been registered and no declaration of insolvency has taken place when the applicant has not been re-registered under the Commercial Register Act;
4. a document, issued by the Ministry of Interior, for coordination of the individuals, who are directly involved in this activity;
5. a list of the individuals, who are directly involved in this activity, accompanied by CV’s and employment records, a clear criminal record and a notarized specimen of the signature, as well as an information whether the person holds clearance for access to classified information;
6. a copy of a document, issued by the competent authorities, certifying that the applicant has created conditions for protection of the classified information, as appropriate, pursuant to the Law on Protection of Classified Information;
7. a 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;
8. a notarized specimen of the signature of the single-person trader, manager, executive director;
9. company unified identification code;
10. a certificate from the respective territorial directorate of the National Revenue Agency concerning the lack of liquid and enforceable public receivables;
11. a statement by the single-person trader, manager, members of the managing and control 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;
12. a statement by the single-person trader, manager, members of the managing and control 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;
13. a list of the items of the list of arms that are to be included into the license;
14. a receipt for state fee paid.
To obtain a license for transfer of arms, the applicant shall submit the following documents to the Interministerial Commission:
1. a filled-in application – Annex No. 5
2. a filled-in form – Annex No. 9 in four copies;
3. a copy and a certified Bulgarian translation of the documents, certifying the eligibility of the participants in the transaction to carry out the respective activities;
4. a copy and a certified Bulgarian translation of the documents, certifying the origin, acquisition and functional purpose of the arms;
5. a copy and a certified Bulgarian translation of a document, certifying the foreign trade relations (contract, pro-forma invoice, invoice), as well as a document, verifying the participation in the transaction of persons other than the foreign importer and/or end-user (broker, forwarder, carrier, etc.).
6. a written statement in the form of Annex No. 8
7. a copy of an end-user certificate under the transaction in case that it has been issued by the competent authorities.
Exception: In case that according to the national legislation of the country of the counterparty/counterparties no such document, certifying their eligibility to carry out the respective activities is issued, the applicant shall submit to the Interministerial Commission a written statement by the consigner/consignee and a certified Bulgarian translation for this effect.
Validity of the Transfer License: The license is issued by the Interministerial Commission for the period of one year and may be extended once for the period of up to 6 months, but not exceeding the term of the license or the registration. |
 |
|
|
