Zakon O Izvozu I Uvozu Robe Vojne Namjene

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Zakon O Izvozu I Uvozu Robe Vojne Namjene

ACT ON THE EXPORT AND IMPORT OF MILITARY AND NON-MILITARY LETHAL GOODS

GENERAL PROVISIONS

Article 1

This Act defines the requirements for the export and import of military goods and non-military lethal goods for commercial purposes, the authorities for the issuance of licences for export and import of military and non-military lethal goods under the jurisdictions of the Ministry of Defence and Ministry of Interior, the provision of services related to military goods, the competencies of state administration bodies in the implementation of this Act, the rights and obligations of exporters, importers and service providers, the conditions for carrying out the activities required under this Act, and supervisory and administrative measures.

Article 2

For the purpose of this Act:

- "military goods" (hereinafter referred to as: "goods") shall mean goods which are largely, but not exclusively, designed, made, assembled or modified for military use, including technology and software associated with these goods, and specified in the List of Military Goods; - "non-military lethal goods" (hereinafter referred to as: "goods") shall mean goods specified in the List of Non-Military Lethal Goods for Commercial Purposes; - “ export” shall mean customs procedure arranged by customs regulations for goods that permanently or temporarily leave the customs territory of the Republic of Croatia, including a re-export of such goods. Export shall also mean a transmission of software and technology by electronic media, fax or telephone to a destination outside the Republic of Croatia; this also applies to oral transmission of technology by telephone only where the technology is contained in a document the relevant part of which is read out over the telephone, or is described over the telephone in such a way to achieve substantially the same result; - "exporter" shall mean a legal or natural person – a craftsman, with the seat or residence on the territory of the Republic of Croatia, registered for a goods trading business and entered in the Register of Exporters and Importers; - "import" shall mean implementation of the customs procedure applied to goods entering the customs territory of the Republic of Croatia on a permanent or temporary basis, including re-import; - "importer" shall mean a legal or natural person – craftsman, with the seat or residence on the territory of the Republic of Croatia, registered for a goods trading business and entered in the Register of Exporters and Importers; - "licence" shall mean special act issued by a competent authority upon a written request in compliance with this Act; - "services" shall mean acquisition of benefits, transfer of rights and other business activities relating to military goods, including brokering services and technical assistance; - "brokering services" shall mean negotiation or arrangement of transactions for the purchase, sale or supply of military goods specified in the List referred to in Article 3 of this Act from a foreign country to any other foreign country; selling and buying of military goods specified in the List referred to in Article 3 of this Act located in a foreign country for their transfer to another foreign country. Ancillary services shall not be considered as brokering services. Ancillary services are transportation, financial services, insurance or reinsurance, and advertising or promotion; - "broker" shall mean a legal or natural person – craftsman with the seat or residence on the territory of the Republic of Croatia, carrying out brokering services; - "technical assistance" shall mean any technical support related to repair, development, manufacture, assembly, testing or maintenance of military goods, and any other technical assistance that may take forms such as instruction, training, transmission of working knowledge or skills or consulting services. Technical assistance includes oral forms of assistance, written or oral instructions, trainings, transmission of working knowledge or skills, or consulting services;

Article 3

The Government of the Republic of Croatia (hereinafter referred to as: the Government), at the proposal of the ministry responsible for economic affairs (hereinafter referred to as: the Ministry), shall adopt the List of Military Goods that is aligned with the Common Military List of the European Union.

Article 4

The Government shall adopt the List of Non-Military Lethal Goods for Commercial Purposes at the proposal of the Ministry.

Article 5

Procedures for the issuance of export, import and service provision licences by virtue of this Act shall be subject to the law governing the general administrative proceedings, unless otherwise stipulated by this Act.

COMPETENCE TO ACT IN APPLICATION PROCESS

Article 6

The export and import of goods and the provision of services referred to in Article 2 of this Act shall be carried out on the basis of licences. The Ministry shall issue export, import and licences for providing services upon approval of the Commission set up to approve the export and import of military goods and non-military lethal goods and the provision of services for military goods (hereinafter referred to as: the Commission). The Commission shall be composed of the representatives of ministries responsible for defence, internal affairs, foreign affairs and the economy.

The approval referred to in paragraph 2 of this Article shall be based on a consensus of all members of the Commission. Should one of the Commission members be absent, the right to vote shall pass to a deputy member.

Each member of the Commission or deputy member is responsible for the activity relating to the competence of the ministry they represent.

Should some members of the Commission be unable to give their approval for a requested export within 15 days of the meeting of the Commission without deciding on denial of the application, the Minister responsible for economic affairs shall ask the responsible ministers to give their written statement for each concerned application.

The Commission referred to in paragraph 2 of this Article shall be appointed and relieved of duty by the Minister responsible for economic affairs (hereinafter referred to as: the Minister) at the proposal of ministers responsible for defence, internal affairs, foreign affairs and the economy, and shall consist of one member and deputy member from each of the relevant ministries. The Commission’s president shall be the member from the ministry responsible for the economy.

The Minister shall adopt the Rules of Procedure of the Commission referred to in paragraph 2 of this Article.

Article 7

By way of derogation from Article 6, Paragraph 2 of this Act:

- import licences for goods intended for the Armed Forces of the Republic of Croatia and the police shall be issued by the Ministry of Defence and the Ministry of the Interior, respectively.

- export licences for goods intended for the Armed Forces of the Republic of Croatia and the police, issued on the understanding that the exported goods will be returned to the Republic of Croatia, shall be issued by the Ministry of Defence and the Ministry of the Interior, respectively.

- export licences based on donations by the Government shall be issued by the Ministry of Defence, that is, the Ministry of the Interior in case the goods are within its responsibility.

- export licences based on international military agreements, where the Republic of Croatia is one of the signatories, shall be issued by the Ministry of Defence.

- permission to transport goods for military purposes and non-military lethal goods through the territory of the Republic of Croatia shall be issued by the Ministry of the Interior. Article 8

The Ministry shall issue an export or import licence for each individual export or import.

The licences referred to in paragraph 1 of this Article shall be issued with a validity period of up to six months and shall be non-renewable.

The format and content of the licences referred to in paragraph 1 of this Article shall be prescribed by the Minister.

Article 9

By way of derogation from Article 8, paragraph 1 of this Act, the Ministry may issue a general export licence covering the same type of military goods for one or more countries, taking into consideration the type of goods, the type and duration of export contracts, and the country to which the goods are being exported.

The general export licence may be issued only for the export of armoured or protective equipment, constructions and components from ML13 category of the List referred to in Article 3 of the Act with a validity of one year and shall be non-renewable.

The format and content of the licence referred to in paragraph 1 of this Article shall be prescribed by the Minister.

Article 10

At the request of the importer the end user certificate for the import of military goods and non-military lethal goods for commercial purposes shall be issued by the Ministry.

The format and content of the certificate referred to in paragraph 1 of this Article shall be prescribed by the Minister.

Article 11

Export and import of goods, by virtue of this Act, can be performed by legal and natural persons – craftsmen (hereinafter referred to as: the parties) entered in the Register of the exporters and importers of military goods and non-military lethal goods for commercial purposes (hereinafter referred to as: the Register).

Prior to starting an export or import activity, the parties shall apply for entry in the Register referred to in paragraph 1 of this Article.

The Register referred to in paragraph 1 of this Article shall be kept by the Ministry. The format and content of keeping the Register referred to in paragraph 1 of this Article shall be prescribed by the Minister with a regulation.

Article 12

Entry in the Register referred to in Article 11, paragraph 1 of this Act shall be made on the basis of a written application, certified with the seal and signature of the responsible person of the legal or natural person – craft business.

The applicant referred to in paragraph 1 of this Article shall attach the following documentation to the application form:

- a certified copy of the decision issued by the Ministry responsible for internal affairs approving activities for the production/transit of weapons and ammunition or explosives; - personal identification or tax file number of the party; - customs identification number; - a certificate not older than six months issued by the competent authority confirming that the applicant or the responsible person of the legal or natural person is not under investigation or is not convicted of a criminal offence involving unlawful dealing with military goods or non-military lethal goods; - the name of the bank and the document certified by the applicant's bank (copies of the last balance sheet, profit and loss account, confirmation that the party's account has not been blocked within the past six months, a copy of the card of deposited signatures); - statement on the number and structure of personnel; - statement by the responsible person of the legal or natural person – craft business pledging that the competent inspection service will be allowed to inspect records of export and import transactions as well as control the premises and means of transport.

The Ministry shall issue a decision on entry in the Register referred to in Article 11, paragraph 1 of this Act.

Article 13

The party entered in the Register referred to in Article 11 of this Act shall report in writing on any changes in the information referred to in Article 12, paragraph 2, subparagraphs 1 through 5, on the basis of which the entry in the Register was made, within 15 days of the occurrence of a change, and the information referred to in subparagraph 6 of the same article within 30 days.

Article 14

The party shall be deleted from the Register, if:

- new facts emerge which, if known at the time of entry in the Register, would have prevented the party's entry in the Register; - the responsible person in the legal person or craft business has been convicted of a criminal offence against property, or if a precautionary measure has been ruled or is in force prohibiting him or her to engage in an activity which is in entirety or in part comprised in his business affair; - the party fails to conduct business in compliance with this Act; - violates international sanctions; - ends business activities; - no longer meets the conditions on which the decision was issued, and - so requested by the party entered in the Register.

EXPORT OR IMPORT APPLICATION PROCEDURE

Article 15

An application for an export or import licence shall be submitted to the Ministry on a prescribed form.

The application referred to in paragraph 1 of this Article may contain goods from only one tariff category, that is, just one ML category on the List of Military Goods.

An application for the export of military goods and non-military lethal goods shall be accompanied by the import licence issued by the competent authority of the country to which the goods are to be exported, plus the original end user certificate certified by the competent authority of the country to which the goods are to be exported.

The import licence referred to in paragraph 3 of this Article shall not be required to accompany the application for export if, in the importing country, the licence for import is not required for the goods in question.

The end user certificate referred to in paragraph 3 of this Article shall not be required to accompany the export application, if it is a case of temporary export for an exhibition or for repair of goods in the manufacturer, or export of samples of ML13 category of the List referred to in Article 3 of this Act.

The format and content of the form referred to in paragraph 1 of this Article, and the list of documents accompanying the application shall be prescribed by the Minister.

Article 16

The Commission shall decide on the application refering to Article 15, paragraph 1 of this Act within 15 days of the date it has been dully submitted, or within 60 days if the licence issuance procedure requires additional verification. Article 17

The Ministry shall issue the requested licence within seven days of receiving the approval by the Commission.

Should the Commission deny to give its approval for the requested export or import, the Ministry shall within seven days notify the applicant on the impossibility to issue the export or import licence.

The Ministry shall inform the applicant about the reason why the Commission has not given its approval for the requested export or import, unless the Commission's position is based on information which is by law or appropriate legal criteria classified as subject to a certain degree of confidentiality, or is protected by a legal act governing the matter of protected personal data.

Article 18

The licence and other documents obtained by virtue of this Act are not transferable.

If acting contrary to paragraph 1 of this Article, the party to whom the licence and other documents have been issued shall forfeit all rights arising from this Act.

Article 19

In the case of an import for export to a third country, the applicant shall, at the Ministry's request, attach to the export application an approval by the competent authority of the country of the origin of the goods or the country from which the goods are to be imported allowing the import of the goods to the third country.

In the case of exporting previously imported goods, the Ministry may request the applicant to attach to the export application an approval to change the end user given by the competent authority of the country from which the goods have been imported.

Article 20

If there is reasonable doubt about the credibility or legality of the accompanied documentation, the Ministry shall forward the same to competent services for further procedure.

Article 21

The Ministry shall deny to issue an export or import licence if the Commission finds that the issuance of the requested licence would be in contrary to the foreign policy or economic interests of the Republic of Croatia, or would be in contrary to the principles of the European Union Code of Conduct for Arms Exports, or if the issuance of the licence: - would jeopardise the fulfilment of the international obligations of the Republic of Croatia; - would pose a risk to the security or defence interests of the Republic of Croatia; - is contrary to the national security strategy of the Republic of Croatia; - may cause an outbreak or continuation of armed conflicts in the country of end use; - may cause violence in the country of end use; - would enable undesirable persons to get hold of the exported goods against the will of the exporters; - if the goods for which the export licence is requested are found to be subject to police investigation or legal dispute; - if within 30 days of the receipt of the Ministry's notice the applicant fails to supply an addition to his incomplete application.

Article 22

If the issuance of export licence is requested for a country on the list of countries subject to restrictive measures introduced by UN, EU, OSCE or other international organisations, the licence may be issued only for humanitarian purposes or for the needs of peace keeping forces.

Article 23

Prior to the conclusion of a contract for the purchase or sale of military goods or non- military lethal goods for commercial purposes, the parties may ask the Ministry for an opinion as to whether the prospective activity with a broker, purchaser, importer, end user or the end use country is in contrary to the provisions of Article 21 of this Act.

The Ministry shall inform the interested party whether or not the broker, purchaser, importer, end user or end use country is a desirable party for the proposed transaction.

Article 24

The Ministry shall issue a decision revoking an issued licence, if it is found that:

- one or more conditions on which the licence was issued no longer exists; - the licence was issued on the basis of inaccurate or incomplete data and that the applicant knew or should have known that such data were inaccurate or incomplete; - if so requested by the party under whose name the licence has been issued.

The Republic of Croatia shall not be liable for any expenses which have been or will be incurred as a result of the revocation of an issued licence.

No appeal can be made against the decision referred to in paragraph 1 of this Article, but an administrative proceeding may be initiated. Article 25

The Ministry shall keep a database on requested, issued, fulfilled and revoked licences, as well as denied requests for the issuance of export, import and licences for service provision referred to in Article 2 of this Act.

By 30 April of the current year, the Ministry shall prepare an annual report on the export and import of military goods and non-military lethal goods for commercial purposes, for the previous year and submit it to the Government with an appropriate level of security classification.

By 30 May of the current year, the Ministry shall publish the report referred to in paragraph 2 of this Article, except for confidential data, on the Ministry’s website.

Confidential data referred to in paragraph 3 of this Article include the names of companies, individual financial information, denied requests and other data specified in the Data Protection Act.

Article 26

Parties conducting export or import activities are required to:

- keep a special register of transactions conducted pursuant to this Act and preserve transaction and transportation records for at least 10 years after the completion of an export or import; - observe the terms and conditions of the issued licences and notify the Ministry without delay on any occurring change; - notify the Ministry in writing on any change in data on the broker or end user within 10 days of the day on which the change occurred; - notify the Ministry in writing on an export or import transaction within 15 days of completing the transaction and attach documentation on the basis of which the export or import transaction was carried out; - at the Ministry's request, confirm the receipt of imported goods, and - abide by other provisions of the licence and this Act.

Article 27

Documentation referred to in Article 26, subparagraph 4 of this Act must contain the following:

- notification of the conducted export or import; - a copy of the licence based on which goods have been exported or imported; - a copy of the customs declaration; - serial numbers of weapons; - other documentation depending on the type of goods. Article 28 . The declarant shall provide the following information accompanying the customs declaration referred to in Article 27, subparagraph 3 of this Act,:

- full name and address of the exporter or importer; - number of the export or import licence based on which customs procedure has been carried out; - description of goods matching the description stated in the licence; - quantity of goods expressed in the unit of measure stated in the licence; - the value of goods expressed in the currency stated in the licence; - tariff code of the goods, and - ML reference from the List referred to in Article 3 of this Act , if the goods are of that category.

SERVICES

Article 29

Provision of services referred to in Article 2, subparagraph 8 of this Act can be provided by parties registered as producers or brokers on domestic or foreign markets of the goods listed in the List referred to in Article 3 of this Act , with a seat, or permanent or temporary residence in the territory of the Republic of Croatia, and entered in the Register of Service Providers for Military Goods.

The Register referred to in paragraph 1 of this Article shall be kept by the Ministry.

The content and method of keeping the Register referred to in paragraph 1 of this Article shall be prescribed by the Minister with an ordinance.

Article 30

Entry in the Register referred to in Article 29, paragraph 1 of this Act shall be made upon a written request by the party concerned.

The parties are required to attach the following documentation to their application:

- a certified copy of the authorised body’s decision on the registered activity ; - personal identification or tax number of the party; - a certificate issued by the competent authority confirming that the applicant or the responsible person of the legal or natural person – craft business has not been convicted of a criminal offence and is not under investigation; - the name of the bank and the document certified by the applicant's bank; - statement on the number and structure of personnel; - statement by the responsible person of the legal or natural person – craft business assuring that the competent inspection service will be allowed to inspect the services provided, - statement by the responsible person of the legal or natural person – craft business authorising one or more employees to provide brokering services on behalf and for the account of the respective company.

The Ministry shall issue a decision on entry in the Register referred to in Article 29, paragraph 1 of this Act.

Article 31

The Ministry shall deny entry in the Register referred to in Article 29 of this Act, if:

- false information or documentation with elements of a forgery have been submitted deliberately; - in the past five years the applicant has been violating regulations on the import, export or transit of military goods or non-military lethal goods and on the provision of services for military goods; - in the past five years the applicant has been violating international sanctions; - the applicant is under police investigation for unlawful dealing with military goods or non-military lethal goods; - an inquiry or criminal proceedings has been initiated for unlawful dealing with military goods or non-military lethal goods; - charges have been brought against the party or the party has been convicted of unlawful dealing with military goods or non-military lethal goods; - there are other justified reasons.

Article 32

Prior starting to provide services, the party entered in the Register referred to in Article 29, paragraph 1 of this Act shall apply to the Ministry for a service provision licence.

The licence referred to in paragraph 1 of this Article shall be issued by the Ministry, subject to an approval by the Commission referred to in Article 6, paragraph 2 of this Act, for each single activity with a validity period of not more than twelve months and shall be non- renewable.

The format and content of the licence referred to in paragraph 1 of this Article shall be prescribed by the Minister.

Paragraphs 1 & 2 of this Article do not apply if technical support is provided in the form of information that is “publicly owned” or is part of some “fundamental scientific research”, or if the services are being provided for the needs of the Armed Forces of the Republic of Croatia.

Article 33

The application for a service provision licence shall be submitted to the Ministry on a prescribed form. The format and content of the form referred to in paragraph 1 of this Article, and the list of documents to be attached to the application, shall be prescribed by the Minister.

Article 34

The provisions of this Act shall not apply to service providers who, by virtue of a decision by the Ministry of Defence or another state authority, perform military or humanitarian missions.

Article 35

On the application referred to in Article 33 of this Act, the Commission shall decide within 15 days of the day of a dully submitted application, or within 60 days if the licence issuance procedure requires additional verification

Article 36

The Ministry shall issue the requested licence within seven days of receiving the approval by the Commission referred to in Article 6, paragraph 2 of this Act.

Should the Commission refuse to give its approval for the service provision licence, the Ministry shall within seven days inform the applicant about the reason why the Commission has not given its approval.

The Ministry shall not inform the applicant about the reason why the Commission has not given its approval for the provision of the service in question, if the Commission's decision is based on information which is by law or appropriate legal criteria classified as subject to a certain degree of confidentiality or is protected by a legal act governing the matter of protected personal data.

Article 37

The Ministry shall refuse to issue the licence for provisions of services referred to in Article 2 of this Act if the Commission referred to in Article 6, paragraph 2 of this Act finds that the issuance of the requested licence would be in contrary to the foreign policy or economic interests of the Republic of Croatia, or would be in contrary to the principles of the European Union Code of Conduct for Arms Exports, or if the issuance of the licence:

- would jeopardise the fulfilment of international obligations of the Republic of Croatia; - would pose a risk to Croatia's security or defence interests; - is contrary to the national security strategy of the Republic of Croatia; - may cause an outbreak or continuation of armed conflicts in the country of end use; - may cause violence in the country of end use; - would enable unwanted persons to get hold of the exported goods against the will of the exporters; - if it is found that the goods for which the export licence is requested is subject to police investigation or legal disputes; - if within 30 days of the receipt of the Ministry's notice the applicant fails to supply an addition to his incomplete application.

Article 38

The party engaged in the provision of services for military goods is required to:

- keep a register of services provided pursuant to this Act; - observe the terms and conditions on which the licence referred to in Article 32 of this Act has been issued; - within 15 days after service provision has been conducted or upon expiry of the validity period of the licence referred to in Article 32 of this Act, notify the Ministry in writing on actions taken on the basis of the licence; - preserve complete records and information related to the respective service for at least 10 years after completing the service, and - abide by other provisions of the licence and this Act.

Article 39

The Ministry shall issue a decision repealing the decision referred to in Article 30, paragraph 3 of this Act, if:

- new facts emerge which, if known at the time of entry in the Register referred to in Article 29 of this Act, would have prevented the party's entry in the Register; - the responsible person in the legal person or craft business has been convicted of a criminal offence against property or if a precautionary measure has been ruled or is in force prohibiting him or her to engage in a profession which is in entirety or in part included in the subject of his or her business; - the party fails to act in compliance with this Act; - the party violates international sanctions; - the party or the responsible person in the legal person or craft business has been convicted of unlawful dealing with military goods or non-military lethal goods; - the party no longer meets the conditions on which the decision was issued, - the party ends its business activities, and - so requested by the party entered in the Register.

SUPERVISION

Article 40

Supervision over the fulfilment of obligations arising from this Act shall be exercised by the body issuing the licences in conjunction with other bodies involved in the licence issuance procedure and by other state bodies within the scope of their respective responsibilities.

Supervision under this Act includes supervision before, during and after the issuance of the licence.

On the results of completed supervision a written report shall be filed for submission to the minister responsible for economic affairs.

About established irregularities, if any, the Minister shall inform the competent state bodies for further procedure.

Article 41

In the course of supervision the supervisory bodies referred to in Article 40, paragraph 1 of this Act may:

- ask the applicant for information required for supervision; - ask other state bodies and services for information required for supervision; - ask the competent authorities of other countries for help in the collection of additional information required for supervision; - supervise the compliance with obligations arising from the licence; - supervise the end user.

The supervisory bodies shall comply with the rules relating to official, manufacturing and commercial secrets and the parties subjected to supervision.

Article 42

For the performance of duties defined by this Act, the Ministry shall within its scope of responsibilities cooperate with international organisations and competent authorities of other countries and shall supply them with appropriate information in accordance with the obligations assumed by the Republic of Croatia.

Article 43

The Ministry shall participate in the exchange of information with other countries on export and import activities, including services.

Such participation shall include exchange of information on registered service providers and their activities and exchange in the area of legislation.

PENAL PROVISIONS

Article 44 A prison sentence of one to five years shall be imposed on a person found by the judicial bodies of the Republic of Croatia to have exported goods specified in the List referred to in Article 3. Of this Act without a licence or based on a forged end user certificate, and on a person who has acted in contravention of Article 29, paragraph 1 and Article 32, paragraph 1 of this Act to an extent that may jeopardise: - the fulfilment of Croatia's international obligations, especially sanctions, - Croatia's foreign policy interests.

If a criminal offence referred to in paragraph 1 of this Article has caused the death of more persons and inflicted large-scale property damages, the offender shall be sentenced to at least five years imprisonment.

The same punishment shall be imposed on a natural person – individual engaged in an activity referred to in Article 2, subparagraphs 3, 5 and 8 of this Act without a licence issued by the Ministry, unless the activity is allowed under another law.

PROVISIONS FOR VIOLATIONS

Article 45

A monetary fine of HRK 100,000.00 to 500,000.00 shall be imposed on a legal person who tried to export or has exported goods stated in the List referred to in Article 4 of this Act without a licence, and if goods were exported pursuant to a licence that was issued on the basis of false or incorrect information.

A monetary fine of HRK 20,000.00 to 100,000.00 shall also be imposed for an offence described in paragraph 1 of this Article on the responsible person of the legal person.

A monetary fine of HRK 50,000.00 to 100,000.00 shall be imposed against a legal person if he attempted to export or exported goods stated in the List referred to in Article 4 of this Act without a licence, and if the goods were exported pursuant to a licence that was issued on the basis of false or incorrect information.

For an offence described in paragraph 1 of this Article, along with a monetary fine, a restrictive measure may be issued prohibiting any export or import activity involving the military goods and non-military lethal goods for commercial purposes for a period of at least three months and up to one year.

Article 46

A monetary fine in the amount of HRK 50,000.00 to 100,000.00 shall be imposed on a legal or natural person – craftsman for violating the provisions referred to in Article 13, paragraph 1, Article 26, paragraph 1, subparagraphs 4 and 6, Article 28, and Article 38, paragraph 1, subparagraph 5 of this Act.

Article 47

A fine in the amount of HRK 1,000.00 to 20,000.00 shall also be imposed on the responsible person of the legal person or craft business for acting in contravention of the provisions of Article 26, and Article 38 of this Act.

Article 48

A fine in the amount of HRK 10,000.00 to 100,000.00 shall be imposed on a legal or natural person – craftsman for acting in contravention of: - Article 18 of this Act; - Article 26, subparagraphs 1, 2, 3 and 5 of this Act; - Article 27 of this Act; - Article 38, subparagraphs 1, 2, 3 and 4 of this Act.

Article 49

A monetary fine in the amount of HRK 10,000.00 to 100,000.00 shall be imposed on a legal or natural person for:

- acting in contravention of Article 11 of this Act, - committing an offence referred to in Article 24, paragraph 1, subparagraph 2 of this Act, - acting in contravention of Article 29 of this Act,

TRANSITIONAL AND FINAL PROVISIONS

Article 50

The rights arising from individual acts adopted by the competent authorities related to the export and import of military goods and non-military lethal goods for commercial purposes, but not exercised in their entirety before the effective day of this Act may be exercised within the periods of time specified in the said acts.

Article 51

The Regulations referred to in Articles 3 and 4 of this Act shall be adopted by the Government within 90 days of the entry of this Act into force.

Article 52

Ordinances referred to in Articles 6, 8, 9, 10,11, 15, 29, 30, 32 and 33 of this Act shall be adopted by the Minister within 60 days of the entry of this Act into force. Article 53

This Act shall enter into force on the eighth day of its publication in the Official Gazette and shall be in effect as from 1 January 2009, with the exception of Article 43 of this Act which comes into force on the day that the Republic of Croatia accesses the European Union.

Ref.No.: 331-02/08-01/02 Zagreb, July 15th, 2008.

CROATIAN PARLIAMENT President of the Croatian Parliament: Luka Bebić, p. s.

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