- Can the instruction pursuant to Section 9 of Act No 412/2005 be signed electronically by persons who have access to classified information of the level Reserved pursuant to Section 58a of the Act, instead of a physical signature?
- Information on health and other professional care and its impact on the issuance or possession of an authentic instrument
- How does an individual demonstrate his/her authorisation to access classified information classified at the level reserved pursuant to Section 58a of Act No 412/2005?
- What are the most common deficiencies when applying for a certificate?
- I want to apply for a Secret Certificate. How am I supposed to do that?
- Does Section 58a(1)(b) of Act No 412/2005 on the protection of classified information and security capacity, as amended, apply only to civil servants in a civil service relationship or also to state employees in an employment relationship?
- I want to apply for a Secret Certificate. What do I need to prove?
- Is there a difference between the first and the second application for a certificate?
- How and what changes should I report to the NBÚ?
- I changed my last name, what should I do?
- I'm a businessman and I'm a payer on a flat-rate basis. How do I prove NBÚ's income?
- 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?
- Can I send an application to the NSA for the issuance of a certificate of a natural person via the employer's data box?
- I have Bitcoin, Ethereum and NFT work. Should I put it on a questionnaire?
- What are virtual assets, a non-fungible token – a so-called NFT work?
- Execution has been ordered on my property in the past, but the matter is already settled. I am to include such enforcement in the certification questionnaire.
- 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?
- I'll apply for a certificate. The questionnaire mentions games of chance – technical game, live game. What does that mean?
- In 2021, I started treating myself because I am addicted to slot machines. Do I have to report this to the NSA?
- I started seeing a psychiatrist in 2021. Do I have to report this to the NSA?
- I will provide accommodation for refugees from Ukraine, I will also send funds to help Ukraine. Do I have to report it?
- A natural person shall cease to be a person included in the list of functions for which access to classified information is required, nor shall an employment, membership or similar relationship cease to exist or a natural person’s certificate cease to be valid. Is the person responsible to that person still the person responsible?
- I changed my permanent address, should I report it?
- I am a member of the fire brigade, the Czech fishing association and the Good Angel Foundation, should I report it?
- I sold my car for 200000 CZK and bought a new one for 400000 CZK, should I report it?
- Should I report that I bought an apartment in Spain?
- I sold the family home, should I report it?
- An enforcement order has been issued against me, shall I report it?
- I took out a mortgage for CZK 2500000 at Komerční banka, a.s., should I report it?
- A friend lent me $500,000, should I report it?
- I took a loan from an employee of the Department of Defense, should I report it?
- I borrowed 120000 CZK through zonky.cz. Do I have to report it?
- I lent my girlfriend 300000 CZK, should I report it?
- I came back from the mission and I used the mission money to pay off the mortgage, should I report it?
- An extract from the Criminal Register is sent to a natural person by an authorised entity to their data box. Subsequently, the natural person shall forward the document to the data box of the competent authority of the State or of the legal person whose responsible person will verify the fulfilment of the conditions for access to classified information classified at the level Reserved (namely integrity). Can the person responsible verify the condition of good repute on the basis of the extract from the Criminal Register thus sent? Is it necessary to print this document or to carry out an authorized conversion?
- 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?
- 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 the issue of a certificate of a natural person in the questionnaire?
- My father-in-law allowed me to build a cottage in his garden. Do I state this when I apply for a natural person’s certificate in the questionnaire?
- 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 include this apartment in the questionnaire when applying for the issue of a natural person’s certificate?
- I am completing a questionnaire for the issue of a certificate of a natural person, which specific contacts should I include in point 10:
‘Personal contacts with foreign nationals or citizens of the Czech Republic living in non-member countries of the European Union or the North Atlantic Treaty Organisation, with the exception of contacts arising from employment or service obligations after 1990, where there are reasonable grounds to believe that such contacts are significant’? - The natural person holds a valid national certificate of the natural person and the responsible person knows that the natural person will also have to hold a "NATO certificate". Can the responsible person instruct the natural person and in the instruction tick that the natural person has been acquainted with NATO regulations without the natural person already being a holder of a valid "NATO certificate" and thus comply with the obligation laid down both for access to national classified information and for access to NATO classified information within a single instruction? The instruction would indicate only the certificate number of the natural person.
- The natural person shall hold a valid national certificate of the natural person and shall be informed. Subsequently, a "NATO certificate" is issued to a natural person. Does the individual need to be re-educated?
- What are the most common deficiencies in the reporting of changes to a natural person’s certificate?
- When do changes have to be reported?
- What is SJM?
- The natural person’s questionnaire contains the item ‘Property ratios’ and the second item of this item is ‘SJM’. Does the natural person, in the case of the expression ‘Yes’ to this item, also have to indicate in the following items income, financial liabilities, financial claims, real estate relating exclusively to the spouse, registered partner?
- I have a permanent residence with my parents, but I live in the place where I work for over a week. I've got to point 15. (....persons over the age of 18 living with you in the same household) write also brother and parents?
- I have documents in English, do I have to have them translated?
- 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?
- How do I withdraw an application for a natural person’s certificate?
- I need a look at the security file. What do I have to do?
Can the instruction pursuant to Section 9 of Act No 412/2005 be signed electronically by persons who have access to classified information of the level Reserved pursuant to Section 58a of the Act, instead of a physical signature?
Instruction pursuant to Section 9 of Act No. 412/2005 Coll. may be signed by a recognised electronic signature of the instructing and instructing person, while an advanced electronic signature established with the employer shall suffice. However, in this context, we would point out that if the instruction given in electronic form is only printed, it is only a simple copy. In order for such information to be used in paper form to prove that the natural person has been informed in accordance with Section 9 of the Act, it is necessary to carry out an authorised conversion of a document in accordance with Act No 300/2008 on electronic acts and authorised conversion of documents, as amended (‘Act No 300/2008’), as a copy, that is to say, the original, is required by law.
According to Section 22(1)(b) of Act No 300/2008, conversion means the complete conversion of a document contained in a data report into a document in paper form in a manner ensuring the conformity of the content of those documents and the addition of a clause. Pursuant to Section 22(2) of Act No 300/2008, a document resulting from the conversion has the same legal effects as a document resulting from the conversion. For the purpose of issuing instructions to persons who have access to classified information of the reserved level pursuant to Section 58a of the Act, conversion may be accepted ex officio pursuant to Section 23(2) of Act No 300/2008, but of course conversion on request pursuant to Section 23(1) of Act No 300/2008, which may be done only by entities defined by law, will also be accepted.
Information on health and other professional care and its impact on the issuance or possession of an authentic instrument
Why do I need to include information on healthcare and treatment in the questionnaire?
In security procedures, the Office evaluates compliance with various conditions laid down by law for access to classified information or 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. It is therefore necessary for the Office issuing the public document to assess whether the state of health of individual natural persons is not an obstacle to access to classified information or to the performance of a sensitive activity, or whether this state of health cannot pose a security risk and affect the security reliability of a natural person. This is not a newly established practice, the Office had previously, 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 certificate or document or does this information lead to the invalidation of an authentic instrument already issued by the authority?
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 Office needs to verify and assess for 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 Office concludes that it is necessary to verify the data in a given 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 safety reliability of a natural person. In some cases, the Office 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 of a natural person shall contain, at the point focused on health care, a box 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 Office 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.
How does an individual demonstrate his/her authorisation to access classified information classified at the level reserved pursuant to Section 58a of Act No 412/2005?
The new law comes into effect on 1. 1. By 2025, Section 58a sets out the circle of persons who have access to classified information classified at the level Reserved without valid notification for the duration of the service or employment relationship and to the extent necessary for its performance. This is a
a) members of the security forces,
(b)) civil servants,
soldiers in active service; and
d) public prosecutors,
if such persons are instructed and assigned on the spot or perform functions in which it is necessary to have access to classified information and which are listed in the overview pursuant to Section 69(1)(b) of the Act.
Section 9(1) of the Act shall apply mutatis mutandis to the instruction of such persons. It follows from the above that, in order to instruct persons with special access to classified information classified at the level reserved pursuant to Section 58a of the Act, the model of instructing pursuant to Section 9(1) of the Act, set out in Annex 3 to Decree No 300/2024 on personnel security and security capability, is to be used. In the relevant instruction, the National Security Authority recommends that the indication ‘Section 58a of the Act’ be entered in the ‘Date of issue of the notification’ box, as the persons referred to in Section 58a of the Act are not issued with a notification pursuant to Section 6 of the Act and are entitled to access classified information directly by law, subject to the above conditions.
In order to prove the authorisation to access classified information classified at the level reserved pursuant to Section 58a of the Act, it is necessary to present the service card of the relevant employee/member (if issued to the person concerned) and the above-mentioned information. If the instruction does not contain a reference to Section 58a of the Act, this does not affect the validity of the instruction and the authorisation of the individual to access classified information classified at the level reserved pursuant to Section 58a of the Act. It is essential that the natural person concerned has been informed in accordance with Section 9(1) of the Act and that he also meets the other conditions laid down by law for access to classified information in accordance with Section 58a of the Act.’
What are the most common deficiencies when applying for a certificate?
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. If you have filed a tax return in the last 10 years, you will fill in the questionnaire every year and tick the box ‘I have filed the tax return myself’.
2. In case you have filed a tax return in the last 10 years and at the same time you have had income that is not included in the tax return (e.g. a retirement allowance), fill in a specific year in the questionnaire and tick the box "I filed the tax return myself" and use the "Add income" button to add another item, fill in the same year, including the type of income, amount and currency.
3. In case you have not filed a tax return in the last 10 years, you will fill in the questionnaire every year, including the type of income, amount and currency.
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.
Please note that the taxpayer's declaration you complete with your employer (pink form) is not a tax return.
Please note that if you are submitting tax return abroad, it is the duty to fill in the receipts included in the questionnaire and also to prove them.
I want to apply for a Certificate of Confidentiality. 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 National Security Authority, as it is convenient and user-friendly for the user, you can make the entire submission conveniently from anywhere, with no need to visit the Office.
The application can also be submitted by delivery to the Office’s data box (Office ID – h93aayw) or to the electronic mailroom
Detailed information on how to apply can be found here.
Does Section 58a(1)(b) of Act No 412/2005 on the protection of classified information and security capacity, as amended, apply only to civil servants in a civil service relationship or also to state employees in an employment relationship?
Section 58a(1)(b) of the Act applies to civil servants, i.e. employees under Section 6 of Act No 234/2014 on the civil service, as amended, i.e. civil servants in a civil service relationship, not state employees in an employment relationship.
Such special access to classified information at the level reserved for civil servants shall be subject only to the performance of the service, to the extent necessary for the performance of the service. At the same time, for access to classified information at the security classification level Reserved, the presumption must be fulfilled that the individual is instructed and assigned on the spot or performs a function for which it is necessary to have access to classified information at the relevant security classification level and which is listed in the overview pursuant to Section 69(1)(b) of the Act. After the termination of the service relationship or the change of the service office, the natural person is deemed not to have been informed, and if he or she had access to classified information, it is necessary to proceed in accordance with Section 11a of the Act, i.e. it is necessary to carry out so-called de-information.
Is there a difference between the first and the second application for a certificate?
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 repetitive application for the issue of a certificate, you limit yourself to providing information since the previous application was submitted.
The same rules shall apply to an application for the issue of a security certificate.
I want to apply for a Secret Certificate. What do I need to prove?
- application for the issue of a certificate,
- justification of the need for access to classified information validated by the responsible person or the Security Director;
- a declaration of non-disclosure of the materially competent local tax administration,
- a natural person’s questionnaire;
- a photograph of the licence type,
- birth certificate,
- confirmation of the income stated in the questionnaire, indicating its amount after any deduction of mandatory statutory contributions (net income), if not included in the tax return, for the last 10 years. Confirmations of other income under the Tax Act shall not be submitted if they did not exceed CZK 100000 in one calendar year.
Detailed information on how to apply for a certificate can be found here
How and what changes should I report to the NBÚ?
List of changes that it is obligatory to notify, including information in what form and how you can find here
I changed my last name, what should I do?
If there was a change of surname after 1.1.2025 on your part:
1. You do not take any action in relation to the issuance of a new natural person certificate. As soon as the Office receives the information from the basic registers, it will issue a new certificate to you without delay. If you are also a holder of a "NATO certificate", it will also issue you with a new "NATO certificate" and send you both public documents to the contact address. Upon receipt of a new certificate ('NATO' certificate), you are obliged to return to the Office the certificate originally issued ('NATO' certificate) within 15 days from the date on which the new certificate ('NATO' certificate) was delivered to you.
2. Certain obligations related to the reporting of changes may be related to the change of surname. Details on how to report changes can be found here.
The same rules apply to proof of security.
I'm a businessman and I'm a payer on a flat-rate basis. How do I prove NBÚ's income?
- 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 certificate or proof of security, evidence of business income shall be provided by these records.
- If you are a flat-rate taxpayer and You are under no obligation to keep the above records. then, when you apply for a certificate or proof of security, you provide proof of business income with statements of account or invoices (receipt documents) and at the same time indicate in writing which flat-rate scheme you are in.
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?
YES, you will provide the right of disposal for all 750 accounts in the questionnaire. Please fill in the information provided in section 7.4 Finance – Type, Number, Led u, Amount of your regular deposit, if any, Currency, Any other statement, except for section 7.4.4 Current balance (current balance is not shown for account rights).
If the number of items in Questionnaire 7.4 exceeds 500 (e.g. 520 completed accounts), multiple print reports will be generated gradually. The National Security Office is obliged to submit all press reports of the questionnaire in paper form + 1 file in electronic form in xml format (any of the generated xml files contains complete data from all printed questionnaires). If the number of items in section 7.4 exceeds 1000, there is a technological problem when reloading the questionnaire. In this case, please contact the National Security Office on +420257283225.
I have a recognised electronic signature with my employer. Can I use this signature to electronically sign an application for a natural person’s certificate?
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 NSA for the signature of an application for the issuance of a certificate of a natural person. The same rule shall apply to an application for the issue of a security certificate.
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 natural person’s certificate?
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). The same rule shall apply to an application for the issue of a security certificate.
Can I send an application to the NSA for the issuance of a certificate of a natural person via the employer's data box?
An application for the issuance of a certificate of a natural person 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. The same rule shall apply to an application for the issue of a security certificate.
I have Bitcoin, Ethereum and NFT work. Should I put it on a questionnaire?
YES, from 1.7.2022 you will enter bitcoins, ethereum (cryptocurrency) and so-called NFT work (non-fungible token) in the questionnaire under 7.7 Movable Assets, these are virtual assets that are movable assets.
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.
Execution has been ordered on my property in the past, but the matter is already settled. Should I include such enforcement in the certification 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.
The same rules shall apply to an application for the issue of a security certificate.
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:
- for alcohol, the frequency of ingestion in the past and in the present, the species and quantities ingested, the circumstances of ingestion, stays at an alcohol interception station, etc. If you do not drink alcohol at all, indicate, for example, the abstinent.
- for gambling - past and present frequency, type of gambling, deposited/betted/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.
- 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. I have never tried, used or used these substances.
I'll apply for a certificate. 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.
The same rules shall apply to an application for the issue of a security certificate.
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.
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.
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
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.
A natural person shall cease to be a person included in the list of functions for which access to classified information is required, nor shall an employment, membership or similar relationship cease to exist or a natural person’s certificate cease to be valid. Is the person responsible to that person still the person responsible?
The responsible person remains liable to the natural person and continues to have obligations under Section 67 of Act No 412/2005 on the protection of classified information and security suitability, as amended (‘the Act’), and the National Security Authority is obliged to notify the responsible person, in relation to the holder of the natural person’s certificate, that the issued natural person’s certificate has expired (Sections 56(3) and 122(1) of the Act).
Although the Act does not explicitly specify in which cases the relationship between the responsible person and the holder of the natural person’s certificate ceases to exist, it can be inferred from the provisions of Section 11(2), Section 11(4) and Section 67(1)(g) of the Act that the existence of such a relationship depends on the existence of a service relationship or an employment, membership or similar relationship between the holder of the natural person’s certificate and the entity (a legal person or a natural person doing business who has access to classified information, or an authority of the State) whose authority the responsible person represents in the field of classified information. The relationship between the responsible person and the specific certificate holder of a natural person thus arises upon receipt of an application for the issue of a certificate of a natural person certified by that responsible person to the Office, or upon receipt of information pursuant to Section 11(2) of the Act (if a new employee is recruited to a place listed in the overview pursuant to Section 71(3) of the Act who already holds a certificate of a natural person issued on the basis of an application in which an employment or service relationship that has lapsed has been indicated as a justification for the need to access classified information, and this justification has been confirmed by another responsible person), and lasts until the termination of an employment, membership or similar relationship or until the expiry of the certificate of a natural person. The fact that a person is no longer assigned to a position that is listed in the list of places and functions where it is necessary to have access to classified information does not affect the existence of a relationship between the responsible person and the certificate holder of the natural person. This conclusion is confirmed by the fact that the fact that a specific holder is no longer assigned to a position that is listed in the overview pursuant to Section 71(3) of the Act, or that a specific holder of a natural person’s certificate will not have effective access to classified information, is not an obligation to notify the responsible person. However, the responsible person is obliged under Section 69(1)(g) of the Act to notify the termination of a service relationship or an employment, membership or similar relationship in which a natural person has been granted access to classified information. The fact that the holder of a natural person’s certificate is not placed in a position that is listed in the overview pursuant to Section 71(3) of the Act also cannot be interpreted as a fact that may affect the issue or validity of the natural person’s certificate (Section 69(1)(c) of the Act). Such facts are only those relating to the fulfilment of the conditions for the issue of a certificate under Section 12 of the Act, not the fact that a specific person will no longer have access to classified information. It follows from the foregoing that, in such a situation, the position of the person responsible vis-à-vis the specific holders of a natural person’s certificate cannot be absolved by unilateral declarations.
I changed my permanent address, should I report it?
No, I don't.
I am a member of the fire brigade, the Czech fishing association and the Good Angel Foundation, should I report it?
No, I don't.
I sold my car for 200000 CZK and bought a new one for 400000 CZK, should I report it?
No, I don't.
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).
I sold the family home, should I report it?
No, I don't.
An enforcement order has been issued against me, shall I report it?
No, I don't.
I took out a mortgage for CZK 2500000 at Komerční banka, a.s., should I report it?
No, I don't.
A friend lent me $500,000, should I report it?
Yes, I did. The obligation of a natural person is to notify the incurrence of liabilities, the nominal value of which individually or collectively exceeds CZK 100,000 or five times the average monthly income of a natural person after deduction of mandatory statutory contributions, whichever is the higher, only if the liability arose between natural persons, i.e. if a loan of CZK 500000 meets the above nominal value, you are notifying a loan from a friend (natural person) of CZK 500000.
I took a loan from an employee of the Department of Defense, should I report it?
No, I don't.
I borrowed 120000 CZK through zonky.cz. Do I have to report it?
No, I don't.
I lent my girlfriend 300000 CZK, should I report it?
No, I don't.
I came back from the mission and I used the mission money to pay off the mortgage, should I report it?
No, I don't.
An extract from the Criminal Register is sent to a natural person by an authorised entity to their data box. Subsequently, the natural person shall forward the document to the data box of the competent authority of the State or of the legal person whose responsible person will verify the fulfilment of the conditions for access to classified information classified at the level Reserved (namely integrity). Can the person responsible verify the condition of good repute on the basis of the extract from the Criminal Register thus sent? Is it necessary to print this document or to carry out an authorized conversion?
Act No 412/2005 does not lay down an explicit requirement to submit documents in paper form pursuant to Section 7 of the Act. The fulfilment of the conditions under Section 6(2) of the Act shall be verified and notified to the natural person by the person who is responsible to him or her in the context of a service relationship or an employment, membership or similar relationship, or by a person designated by him or her. Since Act No 269/1994 on the Criminal Register, as amended, allows for the sending of an extract from the Criminal Register directly to the data box of a natural person in electronic form, the forwarding of a data message containing such an extract in electronic form sent by an authorised entity is sufficient for the purposes of verifying compliance with the conditions under Section 6 of the Act.
For the purposes of the law, verification of compliance with the conditions for issuing a notification is sufficient if the relevant data report, or an extract from the Criminal Register in electronic form from a natural person, is stored without the need for conversion into paper form. It is then desirable to keep the data report containing an extract from the Criminal Register in electronic form for a period of 5 years, or until further verification (Section 9(2) of the Act).
Do I have to report the establishment of my data box?
No, I don't.
Where should I indicate in the questionnaire when applying for an investment life insurance certificate - 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.
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.
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 the issue of a certificate of a natural person 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 Leaded 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 is located, for which a lien has been established, 7.8.2 Type of property and how it has been used since acquisition – lien; 7.8.3 Method of acquisition and sources of financing - others, 7.8.4 Acquisition price - 0, 7.8.5 Currency – 0, 7.8.6 Year of acquisition of the property: indicate the year in which the lien arose
My father-in-law allowed me to build a cottage in his garden. Do I state this when I apply for a natural person’s certificate 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.) the Right of Construction, which is a separate property. In the questionnaire, you will indicate the right of construction to the point:
7.8 Immovable property
7.8.1 Leaded by the cadastral office (in the case of property outside the Czech Republic, state the address) - the cadastral office where your father-in-law's land is located, 7.8.2 Type of property and how it has been used since acquisition – right of construction, 7.8.3 Method of acquisition and sources of financing: e.g. contract, funded by savings; 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: state the year in which the right of construction 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 include this apartment in the questionnaire when applying for the issue of a natural person’s certificate?
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 Species: cooperative share + percentage, 7.7.2 Number of pieces – 0, 7.7.3 Method of acquisition and sources of financing - e.g. purchase, financed by the sale of real estate, 7.7.4 Acquisition price – e.g. CZK 2800000; 7.7.5 Total value - e.g. CZK 2800000
I am completing a questionnaire for the issue of a certificate of a natural person, which specific contacts should I include in point 10:
‘Personal contacts with foreign nationals or citizens of the Czech Republic living in non-member countries of the European Union or the North Atlantic Treaty Organisation, with the exception of contacts arising from employment or service obligations after 1990, where there are reasonable grounds to believe that such contacts are significant’?
A natural person is obliged to state and comment in detail on contacts that fulfil a summary of the following conditions:
A.
- is a foreign national,
- 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
- the natural person evaluates the contact as significant primarily according to its intensity, circumstances, possible impacts on the behaviour of the natural person (the impact of the contact on the natural person - e.g. emotional, financial).
B.
- is a citizen of the Czech Republic who lives in a state that is not a member state of either the EU or NATO;
- 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
- 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.
The natural person holds a valid national certificate of the natural person and the responsible person knows that the natural person will also have to hold a "NATO certificate". Can the responsible person instruct the natural person and in the instruction tick that the natural person has been acquainted with NATO regulations without the natural person already being a holder of a valid "NATO certificate" and thus comply with the obligation laid down both for access to national classified information and for access to NATO classified information within a single instruction? The instruction would indicate only the certificate number of the natural person.
YES, in this case only the national certificate number of the natural person is indicated in the instruction. As part of the lessons learned, all legislation in the field of classified information, i.e., NATO, EU and WEU regulations, can be read at the same time.
The natural person shall hold a valid national certificate of the natural person and shall be informed. Subsequently, a "NATO certificate" is issued to a natural person. Does the individual need to be re-educated?
Yes, the instruction shall indicate the number of the "NATO certificate" and tick that the natural person has been acquainted with NATO regulations. This does not apply if, in the first instruction made to the national certificate of a natural person, it has already been ticked that the natural person has been acquainted with NATO regulations (i.e., has been acquainted with them without being issued with a "NATO certificate") – in this case, the natural person would no longer be acquainted with them again.
What are the most common deficiencies in the reporting of changes to a natural person’s certificate?
In the event that there is a change of persons over 18 years of age living with a natural person in the household, which may occur, for example, in connection with a change in the address of permanent residence, marital status, reaching the age of majority of children, it is the obligation of the natural person to notify the Office of data relating to new persons in the household, namely the name, surname, maiden name, previously used surnames, date of birth, birth number, place of birth, nationality, employer, relationship to the natural person, or to notify that the persons previously mentioned by the natural person no longer share the household with him.
For example:
- The natural person stated in the questionnaire that she is single and that she does not live in a household with anyone over the age of 18. Subsequently, the natural person’s marital status – married – changes. It is her duty to report the above information to her/his spouse.
- The natural person stated in the questionnaire that she is married and lives in a household with a daughter and son who are over 18 years of age. Children stop sharing a household with a natural person. It is the duty of the natural person to report that the daughter and son no longer share the household with the natural person.
- In the questionnaire, the natural person stated that he/she lives in a household with a friend who is over 18 years of age. Then there is a break-up, the friend/girlfriend stops sharing the household with the natural person. It is the duty of the natural person to report that the friend (former) no longer shares the household with the natural person. If an individual starts sharing a household with a new friend, it is their responsibility to report the above data to the friend.
- In the questionnaire, for example in point 7.1 Financially dependent persons indicated their children. Subsequently, children reach the age of 18 and live with a natural person in the household. It is their responsibility to report the above data to the children.
When do changes have to be reported?
Immediately, i.e. as soon as circumstances allow and without undue delay.
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)
The natural person’s questionnaire contains the item ‘Property ratios’ and the second item of this item is ‘SJM’. Does the natural person, in the case of the expression ‘Yes’ to this item, also have to indicate in the following items income, financial liabilities, financial claims, real estate relating exclusively to the spouse, registered partner?
No, I don't. A natural person shall be required to provide information relating only to that person. However, if, for example, he or she is a co-debtor of a loan entered into by a spouse, partner, or is, together with the spouse, partner, co-owner of immovable property or have immovable property in the SJM, i.e. these data also relate to his or her person, he or she must provide them. Similarly, it is incumbent on it to provide information relating to its right of disposal over another person’s account.
I have a permanent residence with my parents, but I live in the place where I work for over a week. I've got to point 15. (...persons over the age of 18 living with you in the same household) write also brother and parents?
The term household is defined by the Civil Code. For the purposes of security proceedings, the terms ‘households’, ‘family households’ or ‘common households’ in the Civil Code are used. It must therefore be the cohabitation of at least two natural persons (one of which is an applicant for the issue of a natural person’s certificate) and at the same time the following conditions must be met:
- the fact that they are consumer communities, i.e. an association of money or other means to meet common needs.
Reimbursement of common needs must be understood more broadly than, for example, the joint payment of rent and the costs of services associated with such rent (according to Section 690 of the Civil Code, ‘the provision of property benefits has the same meaning as the personal care of the family and its members’). It is therefore ‘economic cohabitation, where there are no separate financial means and no distinction is made as to which household items may be used by such persons’.
In general, therefore, cohabitation in a household with a natural person for the purposes of security proceedings cannot be assumed solely on the basis of cohabitation in a single dwelling (permanent residence is an institute of population registration and the address indicated, for example, in the identity card is not decisive in this respect).
- the condition of the permanence of cohabitation in the household with a natural person. That is the case where ‘there are objectively identifiable circumstances which indicate an intention to lead such a community on a permanent basis and not only on a temporary basis.
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.
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?
The decision to discontinue proceedings may be appealed within 15 days, which must contain the prescribed elements referred to in Section 127 of the Act and at the same time provide the required documents together with the decomposition, if you have not already done so.
How do I withdraw an application for a natural person’s certificate?
A party to proceedings shall have the right to withdraw an application for the issue of a natural person’s certificate (‘the application’) until the decision on the application has become final (Section 113(1)(a) of the Act).
In such cases, it is necessary to send a written communication to the Office that the natural person/participant withdraws his application for the issue of a certificate. It is necessary to specify the person (name, surname, social security number or date of birth, place of residence), the request (classification level) and sign the communication. On the basis of this communication, in accordance with the provisions of Section 113(1)(a) of the Act, The Office shall close the pending proceedings and issue a decision to close the proceedings, which shall be served on the party to the proceedings. After the decision has become final, information on the discontinuance of the proceedings is also sent to the party responsible.
The above facts also concern the withdrawal of the appeal against the decision given, since the decision in the case itself has not yet acquired the force of res judicata. The same rules apply to the withdrawal of an application for a security certificate or an entrepreneur's certificate.
I need a look at the security file. What do I have to do?
Before a decision is taken, the party to the proceedings or a representative chosen by him, authorised in writing by the party to the proceedings, shall have the right to inspect the unclassified part of the security file (‘the file’) (Section 89(7) of the Act). As stated above, they have this right only until the decision has been issued, i.e. they can no longer consult the volume after it has been issued. You can only view the unclassified part of the volume! It can be viewed on the basis of a written request addressed to the NSA, which is written in free form. The employee of the Office shall subsequently notify the party to the proceedings (or his representative) in writing (possibly by telephone) of the date on which the volume can be consulted. The inspection takes place in the NBÚ building (Na Popelce 2, Prague 5-Košíře). The viewer is acquainted in advance with the possibility to make extracts from the volume or to require copies from the volume to be made in return for payment. There is always a written record of the inspection, which is based on a volume.
