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Do I have to report to you when I took out a loan from the municipality?
YES, provided it exceeds CZK 100,000 or five times your average monthly ‘net income’, whichever is higher. This obligation has been established since 1.1.2026.
This also applies if you took out this loan before 1.1.2026 and it has not been repaid yet.
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Do I have to report to you when I took out a loan from an employer?
YES, provided it exceeds CZK 100,000 or five times your average monthly ‘net income’, whichever is higher. This obligation has been established since 1.1.2026.
This also applies if you took out this loan before 1.1.2026 and it has not been repaid yet.
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In the questionnaire under point 7.12 Financial obligations, you have indicated that I should also indicate the obligations arising from a contract concluded with a legal person that is not a consumer credit provider under the Consumer Credit Act
This is, for example, a loan from your employer, the municipality. The provision of this information is newly required from 1.1.2026.
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I'll ask for a receipt. Do I need to provide a birth certificate?
No, as of 1.1.2026, the birth certificate for the application for the issue of a document is no longer documented.
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Information on health and other professional care and its impact on the issue or possession of a document
Why do I need to include information on healthcare and treatment in the questionnaire?
In security proceedings, the NSA evaluates the fulfilment of various statutory conditions for the performance of sensitive activities. One of the conditions relates to a state of health, the quality of which, in certain situations, can affect the normal functioning of an individual, and also have an impact on his reliability. For the NSA issuing the document, it is therefore necessary to assess whether the state of health of individual natural persons is not an obstacle to the performance of a sensitive activity, or whether this state of health cannot pose a security risk and affect the reliability of the natural person. It is not a newly established practice, the NBÚ even before the amendment of the law, requested and assessed points related to health care, namely points related to psychiatric treatment and psychologist care, which were the content of the declaration of personality, statutory mandatory requirements of the supporting materials.
I am being treated by a psychiatrist and/or other doctor, I am going to see a psychologist. Does this mean that I cannot be issued with a document or does this information lead to the invalidation of a document already issued by the NSA?
No, I don't. No professional treatment or care provided by an individual in his/her questionnaire is, and cannot in itself, a priori be negatively assessed. However, this is one of many aspects that the NSA needs to verify and assess in the case of natural persons in certain circumstances. The issue of health status is a very complex fact and therefore it is not possible under any circumstances to determine in advance, on the basis of the information provided by the natural person in the questionnaire, whether the information is negative. In some cases, contact with a psychiatrist or psychologist, for example, can also prove to be a positive aspect. This is a very specific and diverse range of life circumstances of a natural person and if the NSA concludes that it is necessary to verify the data in this case by various steps in the procedure, it has specialised experts who are competent in the matter of valid assessment of information relating to health status and its impact on the reliability of a natural person. In some cases, the NSA may also decide on the necessity of appointing an expert in accordance with Section 106 of the Act.
I'm being treated by a doctor, but I don't know my diagnosis. What should I do to complete the questionnaire?
The questionnaire contains a box in the section focused on health care, through which the diagnosis is made. However, there are cases where a natural person does not know his diagnosis and/or is not sure about it, or some time has passed since receiving healthcare and the party to the proceedings does not remember his diagnosis. In this case, it is not necessary to complete the diagnosis and the difficulties encountered by the natural person or in the past can be described in detail. In certain circumstances, the NSA may then find it necessary to verify or refine that information, for which it uses various actions in the proceedings. The verification of that information relating to health and other professional care may also be carried out for the purpose of verifying the information provided by a party to the proceedings.
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What are the most common shortcomings when applying for a document?
The most common shortcoming is that applicants do not declare and document income for a period of 10 years retrospectively. The requirements for the presentation of the receipts in the questionnaire and proof of receipts are as follows.
Indication of receipts in the questionnaire for the last 10 years:
1. In case you have filed a tax return in the last 10 years and you did not have income not declared in the tax return, please fill in the questionnaire every year and the option “Submitted a tax return“ tick YES and select the option ‘Submitted a tax return, I do not have income not included in the tax return’.
2. If you have filed a tax return in the last 10 years and at the same time have received income that is not included in the tax return (e.g. a retirement allowance), please fill in the questionnaire every year and select ‘Submitted a tax return“ tick YES and select the option ‘Submitted a tax return, I also have income not included in the tax return’ and fill in the type of income, amount and currency.
3. If you have not filed a tax return in the last 10 years, please fill in the questionnaire every year and select "Submitted a tax return“ tick NO and fill in the type of income, amount and currency.
You do not include state social support benefits and contributions, sickness insurance benefits and unemployment benefits in the questionnaire.
Proof of income over the last 10 years:
1. You are documenting only income that is not part of your tax return to the relevant tax office, if this income in the case of one type exceeds CZK 100,000 per calendar year. This means that if the limit of CZK 100,000 per calendar year is exceeded, you can prove, for example, your salary (unless it is part of your tax return to the relevant tax office), service allowance, old-age pension, insurance benefits, scholarship, subsidies, etc.
2. You do not substantiate benefits, social security contributions, sickness insurance benefits, unemployment benefits regardless of their amount, or any income that is part of your tax return to the relevant tax office.
The NBÚ points out that the taxpayer's declaration that you fill in with your employer (pink form) is not a tax return.
The NBÚ also warns that if you submit tax return abroad, it is the duty to fill in the receipts included in the questionnaire and also to prove them.
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I want to ask for a receipt. How am I supposed to do that?
The application can be submitted via the NBÚ Portal, when this method of administration is recommended by the NSA, As it is convenient and user-friendly for users, you can make the entire submission conveniently from anywhere, with no need to visit the NSA.
The application can also be submitted by delivery to the NBÚ data box (NBÚ ID – h93aayw) or to the electronic mailroom
This email address is being protected from spambots. You need JavaScript enabled to view it. with a recognised electronic signature established for private purposes. In addition, the application can be submitted in person after ordering on tel. no. 257283225 in the filing office of the NBÚ headquarters or sent by post or by the holder of a special postal licence to the address of the National Security Office, P.O.BOX 49, 15006, Prague 56.Detailed information on how to apply can be found here.
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I want to apply for a document. What do I need to prove?
1. the application for the issue of a document,
2. a justification for the performance of a sensitive activity, which will be completed and provided by the employer,
3. a declaration of waiver of the obligation of confidentiality of the locally competent tax administration,
Questionnaire 4,
5. photo of the licence type,
6. confirmation of income listed in the questionnaire with an indication of its amount (net income), and only if it is not part of the tax return, for the last 10 years and at the same time if it exceeded CZK 100000 in one calendar year.
Detailed information on how to apply for a document can be found here
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Is there a difference between the first and the repeated application for a document?
No, you submit exactly the same background materials and complete the questionnaire in its entirety. The only exception is a curriculum vitae, where, when you submit a repeated application for the issuance of a document, you limit yourself to providing data from the submission of a previous application.
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How and what changes should I report to the NBÚ?
List of changes that you are obliged to notify, including information on how and in what form you will find here
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I changed my last name, what should I do?
If there was a change of surname after 1.1.2025, you are not taking any action in relation to the issuance of a new document. When the NBÚ receives information from the basic registers, it will issue you with a new document without delay and send it to your contact address. Upon receipt of the new document, you are obliged to return the original issued document to the NSA within 15 days from the date on which the new document was delivered to you.
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I'm a businessman and I'm a payer on a flat-rate basis. How do I prove NBÚ's income?
1. If you are a flat-rate taxpayer and you are obliged to keep records of income from self-employment for the purpose of proving the amount of decisive income for the selected flat-rate band, then when applying for the issue of a document, you will document the income from business with these records.
2. If you are a flat-rate taxpayer and you are not obliged to keep the above records, then when applying for the issue of a document, you will provide proof of business income with statements of account or invoices (income documents) and at the same time inform in writing what flat-rate scheme you are in.
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I am an insolvency administrator and I have the right to dispose of 750 accounts. Do I have to put them all on a questionnaire?
NO, the rights of disposal of insolvency administrators opened to bank accounts for the purpose of resolving the bankruptcies of their owners are not included in the questionnaire.
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I have a recognised electronic signature with my employer. Can I use this signature to electronically sign a document request?
NO, only a recognised electronic signature established for you as a private individual, not for you as an employee of the employer, is accepted by the NBÚ for the signature of the application for the issue of a document.
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In this work we have the possibility to perform authorized conversion of documents according to Act No. 300/2008 Coll. Can I use this conversion to send an electronic request for a document?
If the conversion is ex officio (Section 23(2) of Act No 300/2008), this option is not accepted by the NSA. Only conversions pursuant to Act No 300/2008 may be used upon request (Section 23(1) of Act No 300/2008).
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Can I send an application for a document to the NSA via the employer's data box?
A request for the issuance of a document can be sent to the NBÚ by a data box only if this data box is established for you as a natural person or a natural person doing business.
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I have Bitcoin, Ethereum and NFT work. Should I put it on a questionnaire?
YES, you will include bitcoins, ethereum (cryptocurrency) and so-called NFT work (non-fungible token) in the questionnaire under item 7.7 Movable assets, these are virtual assets that are movable assets.
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What are virtual assets, a non-fungible token – a so-called NFT work?
Virtual assets are electronically storeable or transferable units that can fulfil a payment, exchange or investment function. In practice, these are so-called cryptocurrencies, e.g. bitcoin. By the notion of irreplaceable token it is possible to imagine digitized collector's goods (e.g. A paper original of the drawing, from which its owner creates only one authentic digital copy and then decides to offer it on one of the online marketplaces where NFTs are traded. It is then possible to buy the work at a specified price or at the highest bid in the auction. After the purchase, you will become the unique owner of the product. Until you sell the work to someone else, you are the only original owner with a digitized certificate and an irreplaceable token.
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Execution has been ordered on my property in the past, but the matter is already settled. Should I include such an execution in the document-issuing questionnaire?
YES, enforcement is an ordered enforcement of a decision, it is stated even if the case has already been resolved, namely in point 8. Enforcement orders.
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Previously, you had a YES, NO option in the questionnaire for narcotics, gambling and treatment from addictions to them. There is now a detailed statement. Should I write yes or no here?
No, as of 1 July 2022, it is always the duty to comment on these points, i.e. even if, for example, you have never played a game of chance, tried drugs or are abstinent. There is a section Detailed statement, where you enter:
1. for alcohol - the frequency of ingestion in the past and in the present, the types and quantities ingested, the circumstances of ingestion, stays at an anti-alcohol collection station, etc. If you do not drink alcohol at all, indicate, for example, the abstinent,
2. for gambling - past and present frequency, type of gambling, deposited/deposited/betted amounts per week/month, total balance, sources of funding, etc. If you do not play gambling, please indicate e.g. I've never played gambling and I don't play,
3. for narcotic drugs and psychotropic substances - the frequency and duration of use in the past and in the present, including one-off experience, the types and quantities of narcotic drugs or psychotropic substances used, the circumstances of use/use, etc. If you do not use narcotic drugs or psychotropic substances, please indicate e.g. these substances have never been tried, used or used.
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I'll ask for a receipt. The questionnaire mentions games of chance – technical game, live game. What does that mean?
In live play, bettors play against the croupier, or against each other at the tables, without predetermining the number of bettors and the amount of bets per game. A live game is, for example, roulette, a card game, even in the form of a tournament, and a dice game.
Technical game is a game of chance operated through a technical device directly operated by the bettor. Technical game is e.g. cylindrical game, electromechanical roulette and electromechanical dice.
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In 2021, I started treating myself because I am addicted to slot machines. Do I have to report this to the NSA?
YES, it is a gambling and treatment in connection with participation in gambling you are obliged to notify the NSA if the treatment continues after 1.7.2022 (new notification obligation valid from 1.7.2022). The same applies if you are treated for alcohol or drugs, for example, and the treatment continues after 1.7.2022.
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I started seeing a psychiatrist in 2021. Do I have to report this to the NSA?
YES, this is a change in the declaration of personality, which you are obliged to notify to the NSA (new reporting obligation valid from 1.7.2022), if the treatment is still ongoing. The same applies if you visit a psychologist, regardless of whether you are being treated by a psychiatrist or not.
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I will provide accommodation for refugees from Ukraine, I will also send funds to help Ukraine. Do I have to report it?
No, if you do not share a household with these people, you do not report this fact. You also do not notify the sending of funds to help Ukraine.
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I changed my permanent address, should I report it?
No, I don't.
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Should I report that I bought an apartment in Spain?
Yes, I did. However, you no longer notify if you buy, for example, an apartment under personal ownership or co-ownership located in the Czech Republic (e.g. in Klatovy).
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I sold the family home, should I report it?
No, I don't.
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A friend lent me $500,000, should I report it?
Yes, I did. The obligation is to notify the incurrence of obligations concluded between natural persons or from a contract concluded with a legal entity that is not a consumer credit provider under the Consumer Credit Act (e.g. between you and an employer or municipality), the nominal value of which individually or collectively exceeds CZK 100 000 or five times your average monthly income minus taxes, fees and other similar monetary benefits, including social security and public health insurance premiums (net income), whichever is higher, i.e. if a loan of CZK 500000 meets the above value, you are notifying a loan from a friend (natural person) of CZK 500000.
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I took a loan from an employee - ČEZ a.s., should I report it?
YES, provided that the loan exceeds CZK 100,000 or five times your average monthly net income, whichever is higher.
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I lent my girlfriend 300000 CZK, should I report it?
No, I don't.
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The questionnaire states that I have to complete continuous stays abroad of more than 90 days. For what period do I have to fill in these stays retrospectively?
Point 9 of the natural person's questionnaire - Continuous stays abroad of more than 90 days is an item without a time limit, i.e. you will complete all such stays in the past and such a stay lasting even now.
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I lent my friend money and my friend guarantees me this loan with his real estate. Do I indicate the resulting lien on his property when applying for a document in the questionnaire?
Yes, if there was a lien on a property owned by your friend after 1.1.2014. According to the Civil Code (Act No. 89/2012 Coll.), the lien on real estate is a separate property. In the questionnaire, you will indicate the lien to the point:
7.8 Immovable property
7.8.1 Led by the cadastral office (in the case of property outside the Czech Republic, state the address) - cadastral office where the property owned by a friend for which a lien has been established is located, 7.8.2 Type of property and method of its use since acquisition - lien, 7.8.3 Method of acquisition and sources of financing - other, 7.8.4 Acquisition price - 0, 7.8.5 Currency - 0, 7.8.6 Year of acquisition of the property - indicates the year when the lien arose -
My father-in-law allowed me to build a cottage in his garden. Do I state this when I submit my request for proof in the questionnaire?
Yes, if this fact, regardless of whether it is a cottage already built or not yet built, occurred after 1.1.2014. According to the Civil Code (Act No. 89/2012 Coll.), this is a building right, which is an independent property. In the questionnaire, you will indicate the right of construction to the point:
7.8 Immovable property
7.8.1 Led by the cadastral office (in the case of real estate outside the Czech Republic, state the address) - the cadastral office where your father-in-law's land is located, 7.8.2 Type of real estate and how it has been used since the acquisition – right of construction, 7.8.3 Method of acquisition and sources of financing – e.g. contract, financed from saved funds, 7.8.4 Acquisition price – e.g. 0; in the event that you paid for the right of construction, for example. CZK 50000, 7.8.5 Currency – 0, 7.8.6 Year of acquisition of the property – indicates the year in which the right of perpetual usufruct arose -
I live in an apartment that is not in my personal ownership/co-ownership, but is the property of a cooperative, I own a cooperative share. Do I mention this apartment when I apply for a document in the questionnaire?
Yes, if you acquired a cooperative share after 1.1.2014. According to the Civil Code (Act No. 89/2012 Coll.), the cooperative share of objects is movable. In the questionnaire, you will indicate the cooperative share in the point:
7.7 Movable property
(by species whose value exceeds CZK 200,000 in the case of one species, e.g. cash, cooperative share, collection, art objects, precious metals, jewellery, motor vehicle, vessel, aircraft, antiques, technology, electronics, share in a business corporation, virtual assets - non-fungible tokens (NFTs), cryptocurrencies)
7.7.1 Type – cooperative share + percentage, 7.7.2 Number of units – 0, 7.7.3 Acquisition method and sources of financing – e.g. purchase, financed by sale of real estate, 7.7.4 Acquisition price – e.g. CZK 2800000, 7.7.5 Total value - e.g. CZK 2800000 -
What specific persons to include in point 10 of the questionnaire for the issue of a document for contacts with foreigners or citizens of the Czech Republic in non-EU and NATO countries after 1990, if it can be reasonably assumed that these are s
A natural person is obliged to state and comment in detail on contacts that fulfil a summary of the following conditions:
A.
1. is a foreign national,
2. the contact does not result from the performance of the professional or service duties of a natural person after 1990 (e.g. partnership, family, friendly relationship, contact based on common interests and hobbies); and
3. the natural person evaluates the contact as significant primarily according to its intensity, circumstances, possible impacts on the behavior of the natural person (the impact of the contact on the natural person - e.g. emotional, financial).
B.
1. is a citizen of the Czech Republic who lives in a state that is not a member state of the EU or NATO,
2. the contact does not result from the performance of the professional or service duties of a natural person after 1990 (e.g. partnership, family, friendly relationship, contact based on common interests and hobbies); and
3. the natural person evaluates the contact as significant - mainly according to its intensity, circumstances and content, possible impacts on the behaviour of the natural person (the impact of the contact on the natural person - e.g. emotional, financial).
The fulfilment of this point is primarily dependent on the subjective assessment of the natural person as to how he perceives his possible contact with the person fulfilling point 1, who fulfils the condition set out in point 2, with regard to the fulfilment of the condition under point 3, i.e. whether he considers this contact to be significant for him for a specific reason, i.e. that he influences or may influence him in some way.
If the natural person (applicant) is long-term resident in the territory of a foreign state, he/she will always fill in this point, if the sending entity is not an authority of the state.
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When do changes have to be reported?
Immediately, i.e. as soon as circumstances allow and without undue delay.
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What is SJM?
SJM - joint marital property is based on Section 708 et seq. of the Civil Code, the joint property includes what one or both spouses acquired together during the marriage (e.g. household equipment, finances) with the exception of what is referred to in Section 709(1)(a) to (e) of the Civil Code, as well as debts (e.g. loans) taken over during the marriage, with the exception of debts referred to in Section 710(1)(a) and (b) of the Civil Code)
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If a natural person is required to indicate ‘Yes’ in the SJM point questionnaire, must the income, liabilities, receivables and real estate sections also mention property that relates exclusively to the spouse or partner, or are these points to b
No, I don't. You are required to provide information relating only to you. However, if, for example, he or she is a co-debtor of a loan entered into by a spouse, partner or, together with the spouse, partner, co-owner of immovable property or have immovable property in the SJM, i.e. this information also applies to you, you must provide it. It is also your responsibility to provide information regarding your right of disposal over another person's account.
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I have documents in English, do I have to have them translated?
If documents are submitted in a foreign language, they must be submitted in the original and at the same time in an officially certified translation into the Czech language. If a document is submitted in a foreign language on a so-called transferable document (e.g. A1,S1,S2,S3,DA1,P1,U1,U2,U3...) is accepted in accordance with Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 of the European Parliament and of the Council without an officially certified translation into Czech if it is submitted in an official language of a Member State of the European Union, the European Economic Area or Switzerland.
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I received a letter of discontinuation of proceedings because I did not complete the necessary documents in time, what should I do so that the proceedings are not discontinued?
Submit the decomposition and at the same time add the necessary documents. The digestion must contain:
1. identification party – first name, surname and social security number;
2. address of permanent residence; where applicable, the address for service;
3. Date and signature a party to the proceedings;
4. Identification of the decisionagainst which the decomposition is filed (i.e. reference number and date of issue);
5. what the party is seeking (e.g. revocation of the order terminating the security procedure for issuing the document);
6. reasons, for which the contested decision is incorrect, or what the party considers to be contrary to the law (i.e. the party specifically describes the reasons why it does not agree with the contested decision). An appeal may be brought against the operative part of a decision, not against the grounds of that decision.
You can file a decomposition with the NBÚ within 15 days from the date of service of the decision (Section 126(1) of the Act). If you miss the deadline for filing a decomposition due to serious reasons, you can apply to the NSA for its remission within 15 days from the day when the cause of the missed decomposition ceased to exist. The condition, however, is that the application for remission must be accompanied by the decomposition itself.
You can submit the decomposition:
1. through the NBÚ Portal (After logging in through the bank identity or data box of an individual, you select an option Dissolution (appeal against the decision of the NSA issued in the proceedings),
2. by delivery to the NBÚ data box (NBÚ ID – h93aayw),
3. by delivery to the Electronic Filing Office
This email address is being protected from spambots. You need JavaScript enabled to view it. with a recognised electronic signature established for private purposes,4. by post or by the holder of a special postal licence the address NBÚ.
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How do I withdraw my application for a document?
In these cases, it is necessary to send a written notification to the NSA that you are withdrawing your application for the issuance of a document. It is necessary to specify the person (name, surname, birth number or date of birth, place of residence), the application (issuance of a security certificate) and sign the communication. On the basis of this communication, in accordance with the provisions of Section 113(1)(a) of the Act, The NSA shall discontinue the pending proceedings, issue and send an order terminating the proceedings. After this resolution has become final, the NBÚ will also send information about the discontinuation of the proceedings to your responsible person, who confirmed to you the justification of the request for the issuance of a security certificate.
You can withdraw your security clearance request by:
1. through the NBÚ Portal (After logging in through the bank identity or data box of an individual, you select an option General submission),
2. a data box set up for a natural person,
3. by delivery to the Electronic Filing Office
This email address is being protected from spambots. You need JavaScript enabled to view it. with a recognised electronic signature established for private purposes,4. by post or by the holder of a special postal licence the address NBÚ.
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I need a look at the security file. What do I have to do?
Before taking a decision on an application for a security certificate, you have the right to consult: the Unclassified Part of the Security Volume (Section 89c of the Act). You have this right only until the decision on the application for a security certificate becomes final. It can be viewed on the basis of a written request addressed to the NSA, which is written in free form.
You can request access to the unclassified part of the security file by:
1. through the NBÚ Portal (After logging in through the bank identity or data box of an individual, you select an option General submission),
2. a data box set up for a natural person,
3. by delivery to the Electronic Filing Office
This email address is being protected from spambots. You need JavaScript enabled to view it. with a recognised electronic signature established for private purposes,4. by post or by the holder of a special postal licence the address NBÚ.
The NBÚ employee will then notify you in writing (possibly by telephone) of the date when the volume can be consulted. The inspection takes place in the NBÚ building (Na Popelce 2/16, Prague 5 - Košíře). Before consulting, an NBÚ employee will acquaint you with the possibility to make extracts from the volume or to require copies from the volume to be made for a fee. A written record of the inspection shall always be made.
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I want to report changes to the NSA, but I don't know exactly what you want to know. Can you give me some advice?
A detailed description of the reporting of changes to individual items can be found here
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Where should I indicate in the questionnaire when applying for an investment life insurance document - in ‘Financials’ or ‘Investment instruments’?
Investment life insurance is listed in section 7.4 Finance, as it is not an investment instrument under Act No. 256/2004 Coll., on Capital Market Undertakings.
Industrial Security – Facility Security Clearance
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As part of the security procedure, I communicate with the NSA via a data box, is there any recommendation as to what should be included in the data message in the ‘Case’ field?
NBÚ recommends that when communicating via the information system of data boxes (ID NBÚ - h93aayw) in the field of security procedure for issuing the certificate of the entrepreneur in the data message in the field "Case’ – ‘Safety management’. In the case of an application for the issue of an entrepreneur’s certificate in the data message, in the field ‘Case" state "Application for the issue of a certificate of the entrepreneur’.
If you are responding to NBÚ document (request, communication, notification, decision...), also indicate the reference number by which the document was marked (e.g. 11000/2024-NBÚ/21,...). It is also recommended to enter the reference number in the field ‘Case’ (e.g. ‘Security procedure ref.11000/2024-NBÚ/21...’).
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Our company needs to be certified as an entrepreneur. How is he supposed to proceed?
An application for the issue of an entrepreneur's certificate may be submitted in person at the NSA's filing office, by post or in electronic form, by delivery to the NSA's data box, to the NSA's electronic address using a recognised electronic signature, or through an online service using the means of a qualified electronic identification system. The application shall include:
- application form;
- the completed questionnaire of the entrepreneur in electronic form,
- security documentation of the entrepreneur,
- original documents or certified copies thereof necessary to verify compliance with the conditions under Section 16 of the Act – the scope and form of the documents are laid down in the Industrial Security Decree; and
- a declaration of non-disclosure of the materially and locally competent tax administrator and other persons involved in tax administration pursuant to Section 52(2) of the Tax Code, to the full extent of the data for the purpose of conducting security proceedings.
For more information, see Protecting classified information – Industrial security – How to Apply for an Entrepreneur Certificate.
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Does the application for an entrepreneur certificate have to be delivered to the NSA in person?
It is not necessary, the application can be submitted in person at the filing office of the NSA by sending it in the form of a postal item or in electronic form, namely
- delivery to the NBÚ data box,
- to the electronic address of the NSA using a recognised electronic signature, or
- through an online service using the means of a qualified electronic identification scheme (NBÚ portal).
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Can a person who is not a member of the statutory body be the responsible person?
He can't. The amendment to the Act, implemented by Act No 267/2024 amending the Act, amended the provisions of Section 2(e)(13) of the Act. According to the wording effective from 1.1.2025, the responsible person in the case of an entrepreneur under Section 15, who is a legal person, may be a natural person who is:
- its individual statutory body, or
- where a legal person has several individual statutory bodies or the statutory body of that legal person is a collective body, a member of the statutory body who is a natural person and is designated to act in matters governed by this Act.
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The responsible person of the entrepreneur in our company is a person outside the statutory body. Does this affect the validity of the entrepreneur's certificate after the amendment of the Act?
Yes, this fact will affect the validity of the entrepreneur’s certificate if the entrepreneur does not reflect the amendment of the Act within 12 months from the date of entry into force of Act No 267/2024 amending the Act.
Paragraph 6. Article II Transitional provisions of Act No 267/2024 Coll., which entered into force in this part on 1.1.2025, stipulate that an entrepreneur who holds an entrepreneur’s certificate issued before the date of entry into force of this Act ceases to meet the condition for issuing an entrepreneur’s certificate pursuant to Section 16(1)(d) of the Act after a period of 12 months from the date of entry into force of this Act, if the responsible person designated pursuant to Section 2(e)(13) of the Act, in the version in force before the date of entry into force of this Act, is not
- a) its individual statutory body, or
- a member of its collective statutory body.
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We are holders of a valid certificate issued by 31.12.2024. What is the validity of this certificate?
Point 4 of Article II Transitional provisions of Act No 267/2024 amending the Act as regards the period of validity of certificates issued before the date of entry into force of the amendment to the Act (until 31.12.2024) provides that the certificate of a natural person, Certificate of Entrepreneur and proof of security capacity of a natural person issued before the date of entry into force of this Act shall remain valid for the period of validity specified therein.
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The law introduces new provisions on the economic instability of the entrepreneur, which are associated with duration. Since when does this time count?
The period is set for the new provisions of the Act in Section 17(1)(d) and Section 17(2)(e) and (f) of the Act. Point 7 of Article II Transitional provisions of Act No 267/2024 amending Act No 412/2005 on the protection of classified information and on security capacity, as amended, provides that, in the case of an entrepreneur holding an entrepreneur’s certificate issued before the date of entry into force of this Act (until 31 December 2024), the period relevant for assessing compliance with the conditions referred to in Section 17(1)(d) and in Section 17(2)(e) and (f) of Act No 412/2005, as applicable from the date of entry into force of this Act, starts to run.
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If we submit the first application for an entrepreneur's certificate and do not pay the administrative fee, will proceedings be initiated on the entrepreneur's application?
The amendment to the Act introduced by Act No 267/2024 Coll., the payment of the administrative fee is one of the conditions for initiating security proceedings on an application by an entrepreneur for the issue of an entrepreneur’s certificate referred to in Section 93(1), point (b), of the Act. If the administrative fee is not paid, then it is not a submission that meets the conditions for initiating the procedure and the security procedure will not be initiated.
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Does the fee obligation change in relation to repeated applications from the entrepreneur?
If an entrepreneur submits an application for the issue of an entrepreneur’s certificate that meets the conditions for submitting an application under Section 96(3) and (4) of the Act, then even after the amendment of the Act, the submission of such an application is not subject to a fee obligation.
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As part of the application for the issue of a certificate of the entrepreneur, some documented documents may not be older than 60 days from the date of issue. At what date is this calculated?
The 60-day period is calculated from the date of issue of the document to the date of submission of the application for the issue of the entrepreneur's certificate (if they are part of the application), or from the date of issue of the document to the date of sending these documents to the NSA (if they are sent additionally, for example, as a supplement to the completeness of the application for the issue of the entrepreneur's certificate, but also as evidence of the notified change).
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The responsible person shall ensure that natural persons who have access to classified information are trained once a year. Who will train the responsible person?
The responsible person is obliged to ensure the training of natural persons, not to carry it out itself. The responsible person will not train himself/herself, but he/she is obliged to provide training for himself/herself.
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How can the administrative fee be paid?
Methods and forms of payment of the administrative fee:
- at the filing office of the NSA before submitting the application for the issue of the entrepreneur's certificate in person, by means of a payment terminal or in cash,
- by bank transfer to the NBÚ account: 19-105881/0710 held at the Czech National Bank, as a variable symbol must be indicated the entrepreneur's ID number, in the message to the entrepreneur's recipient it states that it is an administrative fee and the ID of its data box: ‘administrative fee, ISD: xxxxxx’, whereby reimbursement means crediting a payment to the NSA’s account. (Since there may be a delay of several days between the submission of the payment order and its crediting to the NBÚ's account, it is necessary to wait with the submission of the application for the issuance of the entrepreneur's certificate only after receiving the data message from the NBÚ, which contains the confirmation of payment of the fee and is sent immediately after the payment is credited to the NBÚ's account.)
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If I hold an Entrepreneur’s certificate at Confidential level only for ‘knowing about classified information’ and I am producing or being provided with restricted classified information, can I make a declaration by the Entrepreneur?
Yes, in this case, the entrepreneur can hold a certificate of the entrepreneur and make a declaration of the entrepreneur. However, if the entrepreneur holds a certificate of the entrepreneur for access to classified information in full (access according to Section 20(1)(a) of the Act), the declaration of the entrepreneur does not make.
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We are a certified entrepreneur and have newly built a secure area of the reserved category. Do we have an obligation to send the NSA a Physical Security Project related to this secure area of the Reserved category?
According to the law, the NSA conducts security proceedings and therefore verifies the ability of the entrepreneur to ensure the protection of classified information in the field of physical security up to the level of Confidential. Therefore, do not send a physical security project to a secure area of the Reserved category to the NSA. In relation to the above, however, we would like to point out that the entrepreneur is obliged, pursuant to Section 68(c) of the Act, to immediately notify the NBÚ in writing of the establishment or cancellation of a restricted area (pursuant to Section 9 of the Industrial Security Decree, the entrepreneur shall provide the address and description of the location of this secured area and information on the determination of the category and class of the restricted area pursuant to Section 25 of the Act).
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On what date will I, as the holder of an entrepreneur’s certificate, send the regular annual notification of changes pursuant to Section 68(d) of the Act?
Regular annual reporting of changes according to Section 68(d) of the Act the holder of the certificate of the entrepreneur is obliged to send the NBÚ always on the date that coincides with the date of issue of the certificate of the entrepreneur. If the entrepreneur holds more than one certificate of the entrepreneur, he notifies changes to the data in only one copy. It shall indicate in the entrepreneur’s ‘change questionnaire’ all the classification levels and forms of access contained in those certificates. The notification of changes to the data in this case is submitted by the entrepreneur to the NSA on the day on which the date of issue of the entrepreneur's certificate, which was issued earlier to the entrepreneur, falls.
If the entrepreneur is issued with a ‘replacement’ certificate because he reported to the NSA the theft, loss or damage of the entrepreneur’s ‘originally issued’ certificate, the date of issue of the entrepreneur’s certificate continues to be the date of issue of the entrepreneur’s ‘originally issued’ certificate.
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How to correctly fill in point (i) of the entrepreneur’s questionnaire (Section 97(i) of the Act) – foreign business partners?
When filling in the data in point (i) of the entrepreneur's questionnaire (Section 97(i) of the Act) – foreign business partners, with the exception of business partners from the Member States of the European Union, with a total financial volume of transactions exceeding CZK 2 000 000 in the last five years, the entrepreneur proceeds as follows:
- In the application under Section 96(1) of the Act the entrepreneur ascertains whether in the last 5 years he has concluded business with a foreign partner, whose total annual the volume exceeded CZK 2 million in at least one of the five monitored years. If yes, the data to be filled in is the entrepreneur's questionnaire; under the heading ‘volume of transactions’, indicate the amount of all transactions with that partner over the entire period of 5 years.
Examples:
A) 2020 – 500 000, 2021 – 2 million, 2022 – 200 000, 2023 – 300 000, 2024 – 1 million = does not reportbecause in none of the last five years has the total annual volume exceeded CZK 2 million;
B) 2020 – 600,000, 2021 – 2,1 million, 2022 – 300,000, 2023 – 1.7 million, 2024 – 500,000 = reports, because in 2021 the total annual volume exceeded CZK 2 million and in the item volume of trades will indicate the amount of 5,2 million, that is, the sum of all trades in 5 years - In the notification of changes according to Section 68(d) of the Act the entrepreneur ascertains whether, from the date of issue of the certificate, if it is the first notification of changes under Section 68(d) of the Act, or since the date of the last report of changes in accordance with Section 68(d) of the Act concluded business with a foreign partner, the total volume of which in this period exceeded CZK 2 million, if so, is the data filled in the entrepreneur's questionnaire. It shall indicate under ‘trade volume’ the amount of all trades with that partner for that period.
- In the application under Section 96(3) of the Act the entrepreneur ascertains whether, from the date of the last report of changes under Section 68(d) of the Act (exceptionally from the date of issue of the certificate, if it will be according to the Section 96(3) of the Act request prior to the first notification of changes) concluded business with a foreign partner, the total volume of which in this period exceeded CZK 2 million, if so, is the data filled in the entrepreneur's questionnaire. It shall indicate under ‘trade volume’ the amount of all trades with that partner for that period.
- In the application under Section 96(1) of the Act the entrepreneur ascertains whether in the last 5 years he has concluded business with a foreign partner, whose total annual the volume exceeded CZK 2 million in at least one of the five monitored years. If yes, the data to be filled in is the entrepreneur's questionnaire; under the heading ‘volume of transactions’, indicate the amount of all transactions with that partner over the entire period of 5 years.
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What must the security documentation of the entrepreneur contain?
More information on the content of the entrepreneur's security documentation can be found here.
