In the Official Gazette of the Republic of Slovenia, No 42/12, there was a Regulation published on procedures for issuing authorisations and certificates and on competence of the Commission for the control of exports of dual use items (hereinafter referred to as: the Regulation), which entered into force on 16 June 2012.
The amendments and supplements provided for the extension of the scope of contents of the Regulation on procedures for issuing authorisations and certificates and on competence of the Commission for the control of exports of dual use, i.e. the inclusion of the use of general export authorisations of the European Union as well as determination of proportionate and relevant means and procedures to ensure compliance when issuing global export authorisations.
The Regulation enables the extension of an individual authorisation for a maximum of one year, upon request of an exporter and following a positive opinion by the Commission.
The Regulation also lays down the determination of proportionate and relevant means for issuing a global export authorisation and specifies conditions that an exporter has to comply with in order to be granted the authorisation.
Based on the preliminary Commission opinion on the fulfilment of conditions laid down in the first paragraph of Article 9 of Regulation 428/2009/EC, the Ministry may adopt a decision prohibiting the use of a general export authorisation of the European Union – after the reasons for the prohibition have been done away with, the Ministry may adopt a decision to re-allow the use of the general export authorisation. The Regulation now explicitly provides that upon request by the Ministry, the Customs Administration of the Republic of Slovenia when issuing a delivery certificate performs an ex-ante verification of the truthfulness of the information in the application. The Regulation somewhat modifies applications for the issue of authorisations and certificates as well as layout and contents of forms necessary in procedures for issuing authorisations.
The Regulation also provides for the extension of tasks of the Commission for the control of exports of dual use items, i.e.: giving opinions on the extension of authorisations, giving opinions on the ban on transit of dual use items and on the prohibition of use of an individual or all general export authorisations of the European Union as well as giving opinions before the issue of authorisations for dual use items due to restrictive measures adopted by the European Union. As an important novelty, the Regulation also defines fines for the infringement of the Regulation, decided upon by the Customs Administration of the Republic of Slovenia as a misdemeanour authority.