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Ordinance
by the Minister of Economy and Labour [1])
of 1 October 2004
on the records of trade in items of strategic importance
Pursuant to Art. 25 (2) of the Act of 29 November 2000 on foreign trade in goods, technologies and services of strategic importance to the security of the State and to maintaining international peace and security (Journal of Laws of 2004 No 229, item 2315) it is hereby resolved as follows:
§ 1.
1. Any natural or legal person trading in items of strategic importance shall appoint a person authorised to keep records of this trade.
2. The trade control authority shall be immediately notified in writing of the appointment of the person referred to in section 1 above.
3. This notification shall specify name and surname as well as position held by the person referred to in section 1 above.
4. If another person is authorised to keep trade records, provisions of sections 2 and 3 shall apply accordingly.
§ 2.
1. Records of trade in items of strategic importance shall be kept in the form of a record book separately for goods, technologies and services related to trade in items of strategic importance.
2. Entries in the record book shall be made by the person authorised to keep records.
§ 3.
1. Entries in the record book are based on: statement of the natural or legal person defining the starting date of intended trade in items of strategic importance, end user statement, import certificates, delivery verification certificates, licences for trade in items of strategic importance, documentation underlying the licence for trade in items of strategic importance, receipts of purchase and sale of items of strategic importance, SAD documents or INTRASTAT declarations, as well as T5 Control Documents required by provisions of the international law, hereinafter referred to as ?the documentation?.
2. The documentation or its copies / photocopies shall be kept along with the record book in the registered office of the legal person or place of residence of the natural person.
3. The record book and documentation shall be kept in compliance with provisions on the classification and qualification of documents to be archived.
§ 4.
1. Each entry in the record book shall be designated with a subsequent number, dated and signed by the person authorised to keep records.
2. Documents filed in the documentation may be referred to in entries in the record book. Documents referred to shall be considered as the content of the entry.
3. Entry in the record book shall be permanent and legible, and cannot be erased or otherwise removed.
4. Amendments shall be legible.
5. Amendments shall be documented and signed by the person authorised to keep records in the form of a note specifying the content of such amendments and their basis, and in particular specifying the section where an amendment is made.
§ 5.
The record book may be kept in the IT system, provided that data recorded therein is confirmed in hard-copy documentation kept by the natural or legal person and underlying entries made in the record book.
§ 6.
Records of items of strategic importance shall be kept in such a way as to ensure identification of these items, the procedure of handling and use of these items after the entry into the territory of the country and after the exit from the territory of the country, as well as identification of importers and users in the case of import of items into the territory of the country, and exporters, producers or creators of technologies in the case of export of items from the territory of the country.
§ 7.
1. Records of items of strategic importance shall include:
1) name and commercial name of items;
2) type, model, and production number of items;
3) weight, quantity and value of items;
4) composition, type, dimensions, grade, quality, and power unit of items;
5) name of the producer;
6) serial number of items;
7) logo of items;
8) location and end use of items;
9) date of sale;
10) names and addresses of end users;
11) invoice number;
12) in the case of temporary use of items ? period of use and names and addresses of users;
13) number and date of the SAD document or the INTRASTAT declaration;
14) control numbers of items as specified in the list of goods and technologies subject to special control;
15) number and date of the T5 Control Document.
2. Records of technologies of strategic importance shall include:
1) name and commercial name of the technology;
2) origin of the technology, and in particular contracts for scientific research and development works, licenses, proprietary projects, date of acquisition of the technology, data of the person transferring the technology;
3) specification and short description of technical annexes to contracts for scientific research and development works, if these include data necessary to duplicate the technology;
4) specification and short description of results of scientific research and development works, and in particular the conceptual design, research programme, reports, descriptions, recipes, instructions, drawings, diagrams, documentation, software ? as required to duplicate the technology;
5) patent description related to the technology necessary to duplicate the technology;
6) specification and short description of technical documentation used in production, and in particular technical requirements, schematic, block, functional, logical, and assembly diagrams, drawings, recipes, technological instructions, technical descriptions, software documentation ? as required to duplicate the technology;
7) list of items produced by the natural or legal person based on technologies subject to special control;
8) information on the access to technologies granted to new users, and in particular contracts of sale and license agreements, as well as name and address of the new user;
9) description of any other technology-related documents, such as tracing paper copies, floppy disks, photocopies, video and audio recordings, minutes;
10) name and address of the end user of the technology;
3. Records referred to in section 2 items 3-6 and 9 shall specify the place where respective documentation is kept.
4. Records of services related to trade in items of strategic importance shall include:
1) name and description of the service;
2) description of items or technologies covered by this service;
3) control numbers of items as specified in the list of items of strategic importance;
4) name of the end user;
5) name and address of the natural or legal person using the service;
6) invoice numbers and data referring to contracts to provide the service.
§ 8.
The Ordinance of 27 February 2001 on the procedure of keeping records of trade in items of strategic importance (Journal of Laws No 17 item 199) shall be repealed.
§ 9.
This Ordinance shall come into force after 14 days following its publication.
THE MINISTER OF ECONOMY AND LABOUR
[1]) The Minister of Economy and Labour manages the 'Economy' division of the governmental administration pursuant to § 1section 2 item 1 of the Ordinance by the Prime Minister of 11 June 2004 on the detailed scope of activity of the Minister of Economy and Labour (Journal of Laws No 134 item 1428).
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