8.1. Fixed radio station

According to Article 27, paragraph 1 of the Vienna Convention on Diplomatic Relations and Article 35, paragraph 1 of the Vienna Convention on Consular Relations, missions of foreign States can install and use a radio station only with the consent of the receiving State. The request must be presented in the form of a diplomatic note addressed to the Diplomatic Protocol of the Ministry of Foreign Affairs.

8.1.1. Allocation of radio frequencies

According to Czech legislation, the use of radio frequencies by fixed and mobile radio stations must be authorized on a case-by-case basis. The uthorization is granted by the Czech Telecommunication Office for a definite period of time (not more than five years), and the missions must apply for it through the Diplomatic Protocol. The mission must provide to the Czech Telecommunication Office the technical data necessary for the authorisation (according to the type of radio service) including, at a minimum, the site where the station will be located, requested frequencies and frequency band, antenna height above ground level, and radiated power. The use of radio frequencies is free of charge, provided that reciprocal treatment is guaranteed.

Contact details
Ministry of Foreign Affairs of the Czech republic, Diplomatic Protocol
Loretánské nám. 5, 118 00 Praha 1
tel: +420 224 182 228/281
e-mail: dp_flights.security@mzv.cz

8.2. Diplomatic mail

The content and external marking of diplomatic and consular mail (diplomatic and consular bags, mail in the custody of the captain of an aircraft) must be consistent with Article 27, paragraphs 2 and 4 of the Vienna Convention on Diplomatic Relations or with Article 35, paragraph 4 of the Vienna Convention on Consular Relations.

According to Act No. 49/1997 concerning civil aviation as amended, Regulation (EC) No 300/2008 of the European Parliament and of the Council, current version of the L-17 national aviation regulation, and the Prague airport security programme, diplomatic and consular bags carried as hand luggage on scheduled flights are not exempted from X-ray screening. The purpose of the screening is to detect articles prohibited from carriage for security reasons. If the screeners conclude that there are serious reasons to believe that the bag contains articles prohibited for security reasons, carriage may be denied.

8.2.1. Diplomatic mail entrusted to captains of civil aircraft

According to Article 27, paragraph 7 of the Vienna Convention on Diplomatic Relations and Article 35, paragraph 7 of the Vienna Convention on Consular Relations, a member of the staff of a foreign mission has the right to entrust a diplomatic/consular bag to a captain of a civil aircraft and to take possession of the bag from the captain of such aircraft, subject to compliance with the security regulations in force at the given airport. For detailed instructions how to deliver and collect bags entrusted to captains of aircraft at Václav Havel Airport, see Chapter XI, article 3.6.

8.3. Electronic communication with Czech authorities

Recommendations of the Ministry of the Interior and the Ministry of Foreign Affairs of the Czech Republic concerning electronic communication of diplomatic missions, consular posts and offices of international organizations with Czech authorities:

In connection with the development of electronic communication, the Ministry of the Interior has noted that some foreign missions are interested to set up data mailboxes. The following is an overview and comparison of the existing options for electronic communication with Czech authorities.

Starting from 1 January 2015, a taxable person who has a data mailbox must submit its tax returns electronically (see Section 72, paragraph 4, of Act No. 280/2009, the Tax Code). However, standardized documents required by social and health security authorities do not have to be submitted electronically; in this case, electronic submission remains optional.

Information on electronic tax returns is available at:

http://www.daneelektronicky.cz

Information on options for electronic submission to social and health security authorities is available at:

http://www.cssz.cz/cz/e-podani/zakladni-informace/zakladni-informace.htm

The applicable legislation recognizes two kinds of electronic communication: (a) through an electronic communication network (via email), using a recognized electronic signature, or (b) through a data mailbox.

Both types of communication can take place through an agent. The options for electronic communication including their advantages and disadvantages are described below.

8.3.1. Communication using a recognized electronic signature

A natural person authorized by his/her employer can apply at an accredited certification services provider (see below for contacts) for secure-signature-creating devices and a qualified certificate, in accordance with the Electronic Signature Act (Act No. 227/2000 on the electronic signature and amending some other acts, as amended). The holder of these devices and of the qualified certificate may then submit documents electronically using the recognized electronic signature. The qualified certificate can be obtained from one of the three Czech providers or from a foreign certification services provider. The provider must meet the requirements of Section 11, paragraph 3(b), of the Electronic Signature Act and
must be listed in the Trusted List of Certification Services Providers.

Advantages and disadvantages:

+ Possession of the certificate does not establish any obligations for the holder; the certificate can be used at the holder’s discretion.
+ If you do not have or do not want to set up a data mailbox, your communication with the authorities will continue as before.
+ You can hold more than one qualified certificate at the same time, no matter whether issued in the Czech Republic or abroad.

- The annual costs are about CZK 400 per one certificate.
- The standard validity period of a certificate is one year from the date of issue; however, in some other EU Member States this period may be longer (3 to 5 years).

Where do I obtain the secure-signature-creating devices and the qualified certificate?

www.postsignum.cz

www.ica.cz

www.eidentity.cz

Another possibility is to obtain a qualified certificate abroad from a provider listed in the Trusted List of Certification Services Providers (“TSL”).

How do I verify whether my certificate is a qualified certificate?

The Ministry of the Interior offers an online application called CertIQ allowing you to check whether your certificate was issued as a qualified certificate in any of the EU Member States in accordance with Directive No 1999/93/EC on a Community framework for electronic signatures. CertIQ is available free of charge at http://tsl.gov.cz/certiq/

If the CertIQ application recognizes the certificate as qualified, the electronic document with the qualified certificate will be considered a document signed with a recognized electronic signature.

8.3.2. Communication using a data mailbox

Section 18 of Act No. 300/2008 on electronic acts and authorized document conversion, as amended, introduces the option to communicate with public authorities using a data mailbox. The Act does not explicitly refer to missions of foreign states (or offices of international organizations) and, according to the applicable legislation, a mission is not considered a legal person. However, it can be considered an agent of a legal person (which, in this case, is the represented sending State or organisation) or entity acting on behalf of the sending State as a subject of international law. As such, a mission can be considered eligible to apply for a data mailbox in terms of Section 5, paragraph 2 of the above Act No. 300/2008. The mission would then be registered as an authorized entity and its head would be registered as its governing body entitled to act on behalf of the represented legal person (sending State or organisation). According to Section 5, paragraph 3 of Act No. 300/2008, a legal person can only have one data mailbox; therefore, if a sending State has more than one mission in the Czech Republic (a diplomatic mission and consular posts), the data mailbox can only be set up for one of them (normally the diplomatic mission).

Please note that the holder of a data mailbox must ensure proper administration of the mailbox, not only as regards submission of documents to public authorities but also as regards the receipt and archiving of the received documents. Once a data mailbox has been set up, all Czech public authorities
will preferentially use it for delivering their documents to the holder (see Section 17 of the above Act No. 300/2008). The documents delivered to the data mailbox are saved for 90 days from the login and then they are deleted. If the holder wants to have access to them in the future, it is his responsibility to download and archive them in time.

Since the missions are not listed in any electronic register directly linked to the data mailbox system, it is their responsibility to inform the Ministry of the Interior of any changes of their contact details (name and address, authorized person).

These extra requirements can be avoided by choosing option (a) - communication using recognized electronic signature or option (c) - communication through an agent.

Advantages and disadvantages:

+ Setting up and using a data mailbox is free of charge.
+ A data mailbox is user-friendlier than secure-signature-creating devices and qualified certificates.
- All documents from Czech public authorities will be delivered primarily via the data mailbox.

- Received documents should be archived.
- Any changes of contact information and authorized person must be notified to the Ministry of the Interior.
- Tax returns must be submitted through the data mailbox, once it is set up.

How to set up a data mailbox

The form of the application for a data mailbox is available for download at:
http://www.datoveschranky.info/assets/metodicke-postupy/zadost_zrizeni_po.pdf

The form must be filled in, printed out and signed by a person entitled to act on behalf of the applicant; the signature must be notarized. The application must be sent to the Ministry of the Interior, nám. Hrdinů 1634/3, 140 21 Prague 4. The Ministry of the Interior will check the relevant databases in cooperation with the Ministry of Foreign Affairs to verify the data. Once the data mailbox is set up, the holder receives the login information via registered mail.

How to access a data mailbox

The data mailbox will be made accessible upon the first login by the authorized person (using the login information received in the letter) or on the 15th day following the delivery of the login information. Please note that the letter containing the login information is deemed delivered 10 days after you have received a delivery notice from the post office.

How to appoint an additional authorized person

Since the governing body (normally the head of the mission) is usually not the person who would administer the data mailbox, it is recommended to appoint an additional person for this purpose; this can be done upon the receipt of the login information and the first login in the data mailbox, by
adding the person to the list of authorized persons. The person will then receive his/her own login information. Further information on the use and administration of data mailboxes is available at: www.datoveschranky.info.

8.3.3. Communication through an agent

If you do not choose any of the above options, you can also consider the possibility to communicate with Czech public authorities electronically through an authorized agent; normally, it would be your tax advisor or external accountant, or any third person who has either the secure-signature-creating devices and a qualified certificate, or a data mailbox. This can be done by granting the agent the full powers for this purpose and having these full powers registered with the local Social Security Administration and Tax Office. After that, the agent will be authorized to make electronic submissions to these authorities on your behalf.

8.3.4. Recommendation

The Ministry of the Interior and the Ministry of Foreign Affairs of the Czech Republic recommend you to carefully consider all the above options, including their advantages and disadvantages, to be able to fulfil your legal obligations as an employer, and choose the solution best suited to your specific situation.

NB: The above options do not alter in any way the procedure for serving judicial documents to foreign states and persons enjoying immunities in cases when these are not exempt from the jurisdiction of the Czech Republic; judicial documents are served through the Ministry of Foreign Affairs of the Czech Republic in accordance with international law and with the provisions of Section 7, paragraphs 5 and 6 of Act No. 91/2012 on private international law. Also, please note that the use of any of the above communication options has no bearing on the immunity of foreign states from sanctions imposed by public authorities (fines or other enforcement measures as defined in the relevant legislation).