Industrial security (Facility Security Clearance, certificates)

What rights does the entrepreneur have:

The entrepreneur, as a party to proceedings for the issue of the entrepreneur's certificate and in proceedings for the revocation of the validity of the entrepreneur's certificate, has the right to:

consult the security file before taking a decision (Section 124 of the Act) and extracts from it, with the exception of that part of the security volume, which contains classified information (Section 89c of the Act),
be represented by a lawyer or another representative of their choice (Section 92e of the Act),
file an appeal against the decision of the Office issued in the security proceedings (Section 125 of the Act),
withdraw in writing the application of the entrepreneur (Section 93(4) of the Act) – only in proceedings for the issue of an entrepreneur’s certificate, the right may not be invoked between the date of the decision and the commencement of the appeal proceedings and the date of the appeal decision;
ask in writing for a stay of proceedings for a reason that prevents him from participating in the proceedings for a long time, for a maximum period of 60 days, it is possible to request a stay repeatedly (Section 112(1)(e) of the Act),
to object to the bias of the official within 15 days from the day on which he became aware of the official involved in the proceedings, the objection must be justified (Section 90(3) of the Act).

What are the responsibilities of the entrepreneur:

The entrepreneur is as a party to the proceedings under Section 103(3) of the Act in the course of the proceedings, must immediately notify the Office in writing of changes to the information contained in the application for the issue of the entrepreneur's certificate.

Entrepreneur who holds the certificate of entrepreneur, according to the Section 68 of the Act obliged to:

hand over the certificate of the entrepreneur to the Office within 15 days, whose validity has expired pursuant to Section 56(1)(b), (f) or (l) of the Act,
immediately notify in writing the Office loss or theft of the certificate entrepreneur or certificate of entrepreneur for foreign power (certificate) a such damage to the certificate entrepreneur or the entrepreneur's certificate for foreign power (certificate) that the entries in it are illegible or its integrity is violated,
immediately notify in writing the Office data changes referred to under Section 97(a), (b), (c) or (q) of the Act a Section 98(c) of the Act in the entrepreneur's questionnaire and in his security documentation and further Establishment or cancellation of a Reserved category Secured Area,
Announce in writing each year the Office on the date, which coincides with its designation with the date of issue of the certificate of the entrepreneur, changes to the data referred to in the application of the entrepreneur pursuant to Section 96 of the Act,
ensure the protection of classified information; upon expiration of the validity of the certificate of the entrepreneur,
send the Office Decision on the approval of the conversion project under the Act on Transformations of Commercial Companies and Cooperatives, the entrepreneur within 15 days from the date of its adoption.

Other obligations of the entrepreneur, who has access to classified information, they are specified in Section 69 of the Act. Furthermore, an entrepreneur who has access to classified information is obliged under Section 71 of the Act establish and fill the post of Security Director and notify the Office in writing of the name, surname and personal identification number of the person performing this function within 15 days of the date of filling the post of Security Director.

In connection with compliance with the obligations laid down by law, it should be noted that in the event of a breach of certain obligations, such conduct may be classified as an offence. For such an offense (Sections 154 - 156 of the Act) a fine of up to CZK 5 000 000 may be imposed.

Entrepreneurs who have access to classified informationm after the expiry of the current certificate of entrepreneur, is obliged to apply in writing to the Office for the issue of a new certificate of entrepreneur before the expiry of the current certificate of entrepreneur Section 96(3) and (4) of the Act) within a period of at least:

7 months for the certificate of the entrepreneur for the classification level Confidential,
9 months for the Entrepreneur's Certificate for the Secret and
11 months for the Entrepreneur's Certificate for Classification Top Secret.

If the entrepreneur fails to comply with the above deadlines, it is his duty to submit a new complete application of the entrepreneur according to Section 96(1) of the Act

Responsibilities of the responsible person (Section 67 of the Act)

provide instruction to the natural person;
provide once a year training for individuals who have access to classified information from legislation on the protection of classified information and keep track of such training;
ensure verification of the fulfilment of the conditions for access by a natural person to classified information classified at the level Reserved;
ensure the approval of the information system into operation and notify the Office of this fact in writing,
ensure that a natural person is authorised to exercise cryptographic protection;
ensure prompt written notification to the Office that the facts justifying the request of the natural person have ceased to exist prior to the issue of the certificate of the natural person or the decision not to issue it;
ensure prompt written notification to the Office of termination of service or employment, membership or similar relationship in which a natural person has been granted access to classified information classified as Top Secret, Secret or Confidential.
ensure that compliance with other obligations laid down in this Act is monitored;
ensure prompt written notification the National Cyber and Information Security Authority the termination or interruption of the operation of the information system,
ensure the execution of the actions referred to in Section 11a of the Act.

Security Director (Section 71 of the Act)

The Security Director shall approve the list of sites or functions referred to in Section 69(1)(b) of the Act, for which access to classified information is required and fulfils the obligations laid down in writing by the person responsible to the extent of the law; the responsibility of the person responsible for protecting classified information shall not be affected by the appointment of the Security Director. In the case of an entrepreneur, a natural person in the position of security director must hold a certificate of a natural person for access to classified information at least at the level for which the entrepreneur has issued a certificate.

Only one entity may act as Security Director.

According to the law for the submission of the application for the issue of a Facility Security Clearance (hereinafter referred to as ‘the application’), is Responsible applicant as party to the proceedings.

Entrepreneur's request includes

an ‘entrepreneur’s request’ form indicating the relevant classification level and the form in which the classified information is to be present (Section 20 of the Act), containing a written justification for the need for an entrepreneur to have access to classified information – the application template set out in the Industrial Security Decree (‘the Decree’) is available for viewing – here, the application can be completed through an online service using the means of a qualified electronic identification scheme (NSA Portal),
the completed entrepreneur’s questionnaire in electronic format (file in .xml format only), – here,
the Security Documentation of the Entrepreneur (Section 98 of the Act),
documents required to verify compliance with the conditions under Section 16 of the Act – Section 3 of the Decree – list of documents – here, and
a declaration of non-disclosure of the materially and locally competent tax administration and other persons involved in the 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 – template declaration – here.

Note:

The entrepreneur's security documentation is processed separately by the entrepreneur and there is no template or template for this document. For more information on the content of the entrepreneur’s security documentation, please see: here.

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.

One of the conditions for initiating security proceedings on an entrepreneur's application for the issue of an Facility Security Clearance is the payment of an administrative fee pursuant to Act No. 634/2004 Coll., on Administrative Fees, as amended, when submitting an application for the issue of an Facility Security Clearance.

According to Act No. 634/2004 Coll., on Administrative Fees, as amended, depending on the form of access, the fee obligation for receiving an application for the issue of an entrepreneur's certificate is laid down as follows:

CZK 5,000, if the entrepreneur applies for the issue of a Facility Security Clearance in the form of access under Section 20(1)(b) of the Act, i.e. where employees of the entrepreneur or persons acting on behalf of or for the entrepreneur have access to classified information in connection with the performance of an occupational or other activity for the entrepreneur on the basis of a contract, without being provided to or generated by the entrepreneur;
CZK 10,000, if the entrepreneur applies for the issue of a Facility Security Clearance in the form of access under Section 20(1)(a) of the Act, i.e. where classified information is generated or provided to it.

Since the form of the approach of the entrepreneur according to Section 20(1)(a) of the Act it shall also include the form of access referred to in Section 20(1)(b) of the Act, the administrative fees for the various forms of access, if the entrepreneur applies for the issue of a Facility Security Clearance for access under Section 20(1)(a) of the Act, do not add up. The entrepreneur will therefore pay either CZK 5,000 for the form of access according to Section 20(1)(b) of the Act or CZK 10,000 for the form of access according to Section 20(1)(a) of the Act.

Fee obligations not subject to request on the issue of the Facility Security Clearance pursuant to Section 96(3) and (4) of the Act, if the entrepreneur, who is to have access to classified information after the expiry of the current Facility Security Clearance, applies for the issue of a new Facility Security Clearance before the expiry of the period of validity of the previous Facility Security Clearance within the period of at least

7 months for the Facility Security Clearance for the classification level Confidential,
9 months for the Facility Security Clearance for the Secret and
11 months for the Facility Security Clearance for Classification Top Secret.

If the entrepreneur holds a Facility Security Clearance for access to classified information by Section 20(1)(b) of the Act and submits an application for the issue of a Facility Security Clearance for the form of access under Section 20(1)(a) of the Act, even if it is an application submitted within the time limit set pursuant to Section 96(3) of the Act, the administrative fee of CZK 10,000 is paid by, because due to the extension of the form of access goes always for a new application according to Section 96(1) of the Act.

If Entrepreneur who is the holder of a Facility Security Clearance for the form of access referred to in Section 20(1)(a) of the Act, submits the application for the issue of a Facility Security Clearance for the form referred to in Section 20(1)(b) of the Act (i.e. ‘when’ the entrepreneur narrows down the form of access), the fee obligation to him in the case of an application submitted within the period laid down in accordance with Section 96(3) of the Act, does not arise.

Methods and forms of payment of the administrative fee:

at the Office's filing office prior to the personal submission of the application for the issue of the Facility Security Clearance, by means of a payment terminal or in cash,
by wire transfer to the Office's 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’, the payment being credited to the Office’s account. (Since there may be a delay of several days between the submission of the payment order and its crediting to the Office's account, it is necessary to wait with the submission of the application for the issue of the Facility Security Clearance only after receiving the data message from the Office, which contains the confirmation of payment of the fee and is sent immediately after the payment is credited to the Office's account.)

Note:

Payment of the administrative fee by affixing stamps was only possible until 31 December 2024.

Submission of a second and further application pursuant to Section 96(3) and (4) of the Act

Entrepreneurs who need to have access to classified information immediately after the expiry of their current clearance are obliged to apply in writing to the Office for the issue of a new Facility Security Clearance before the expiry of the current Facility Security Clearance within a period of at least (Section 96(3) of the Act):

7 months for the Facility Security Clearance for the classification level Confidential,
9 months for the Facility Security Clearance for the level of classification Secret,
11 months for the Facility Security Clearance for Classification Top Secret.

Removal of the Secured Area

If an Entrepreneur, who holds an Facility Security Clearance for access to classified information according to Section 20(1)(a) of the Act, intends to cancel the secured area without replacement, it should be kept in mind that they will no longer meet the condition for the issuance of the Facility Security Clearance according to Section 16(1)(c) of the Act. This is grounds for initiating proceedings under Section 101(1) of the Act to revoke the validity of the Facility Security Clearance, leading to the subsequent revocation of its validity by a decision of the Office.

If, in this case, the entrepreneur necessarily needs to carry out his activity have access to classified information at least in the form referred to in Section 20(1)(b) of the Act, it is necessary to submit the Entrepreneur's Request Section 96 of the Act including its proper justification (i.e. also with justification of the form of access) according to Section 2 of the Decree.

As mentioned above, if the entrepreneur meets the deadline to submit an application to the entrepreneur by Section 96(3) of the Act, does not apply to him having regard to the ‘narrowing down’ of the form of access the obligation to pay a fee for the receipt of an application for the issue of a Facility Security Clearance.

In the case of an application under Section 96(3) and (4) of the Act, the entrepreneur shall attach to the application only the documents referred to in Section 4 of the Decree and in particular New Security Documentation of the Entrepreneur.

If the entrepreneur fails to meet the deadline for submitting a repeated application under Section 96(3) and (4) of the Act, is obliged to submit a new complete application for the issue of a Facility Security Clearance under Section 96(1) of the Act, of which acceptance will already be tied to the payment of an administrative fee and it will also have to provide all the documents required by law and implementing regulations to carry out the security procedure.

Method and form of submitting an application for the issue of a Facility Security Clearance

Submissions may be made by personal submission to the Office's mailroom, by post, through the information system of data boxes, the Office's electronic mailroom using a recognised electronic signature or through an online service using the means of a qualified electronic identification system (NSA portal).

Registrar's office hours:
Monday and Wednesday:	8:00 - 17:00
Tuesday and Thursday:	8:00 - 14:00
Friday:	8:00 - 13:00

Personal filing is advantageous for entrepreneurs, because the staff of the Office can help him to remedy the formal shortcomings of the application on the spot. The entrepreneur is also issued with an acknowledgement of receipt of the application at request of the entrepreneurs.

The application may also be sent through the holder of a postal licence or a special postal licence to the Office's address (P.O.BOX 49, Prague 56, postcode 150 06) or have it delivered to the Office's mailroom by another person authorised for that purpose.

If you are sending an application for an Facility Security Clearance by post or by the holder of a special postal licence, we recommend that you ensure compliance with the postal conditions of the specific postal licence holder.

In this case, the completed questionnaire of the entrepreneur is submitted simultaneously in electronic form on a technical data carrier.

In electronic form, it is possible to submit an application by delivery to the Office Data Box (Office ID – h93aayw, ‘Request for the issue of a Facility Security Clearance’ shall be entered in the ‘Case’ field) or the Office's Electronic Registry (This email address is being protected from spambots. You need JavaScript enabled to view it.), the field ‘Subject matter’ shall be filled in with ‘Request for the issue of a Facility Security Clearance’).

In case of submission to the electronic mailroom:

Entrepreneur's request form it must be signed by the responsible person with a recognised electronic signature;
Declaration of non-disclosure the competent tax administration and other persons involved in tax administration must be signed by the statutory body of the legal entity or a natural person doing business, with a recognised electronic signature,
statement of the owner's account in a separate register of investment instruments it must be the output of an authorised conversion or it must be signed by the person who issued the document with a recognised electronic signature;
other documents necessary to verify the conditions under section 16 of the Act it must be signed by the responsible person with a recognised electronic signature,
the Entrepreneur's Questionnaire and the Entrepreneur's Security Documentation the submission must be signed by the responsible person with a recognised electronic signature.

The law distinguishes between two types of application in the case of an application by an entrepreneur for the issue of an entrepreneur’s certificate. The first is an application under Section 96(1) of the Act, referred to in the text as a ‘basic’ application. The second type of application is the entrepreneur’s application pursuant to Section 96(3) and (4) of the Act, which takes into account the fact that the entrepreneur already holds a valid entrepreneur’s certificate.

Requirements for a ‘basic’ application for the issue of an entrepreneur’s certificate under the Act

1. Entrepreneur's request form (model application set out in the Industrial Safety Ordinance – here, the application can be completed – here) contains

identification data of the entrepreneur,
the level of classification and the form of access to the classified information for which the certificate is requested;
justification of the need for access to classified information by the entrepreneur, which contains data on the subject of business, within which the entrepreneur requests access to classified information, and the circumstances that justify the required form of access pursuant to Section 20 of the Act, as well as data on
- a public contract in which access to classified information is requested, its contracting authority and the expected duration of the procurement procedure;
- a concession contract in which access to classified information is requested, its contracting authority and the expected duration of the concession award procedure;
- a public contract or a concession contract prior to the launch of the procurement or concession procedure for which the entrepreneur intends to apply and under which access to classified information is presumed, its contracting authority or contracting entity and the expected date for the launch of the procurement or concession procedure;
- a public contract or a concession contract under which access to classified information was requested, to its contracting authority or to the contracting authority, provided that the procurement or concession procedure was initiated no more than five years before the date of submission of the entrepreneur’s application for the issue of the entrepreneur’s certificate and the subject of its performance corresponds to the entrepreneur’s business object;
- the contract or, as the case may be, other legal facts on the basis of which access to classified information is requested, the subject-matter of that contract and the provider of the classified information,
the facts on the basis of which the entrepreneur will create classified information,
a statement that the information given in the application and its annexes is true and complete;
the date of completion,

signature of the responsible person of the entrepreneur,),2. a declaration by the entrepreneur on the waiver of the obligation of confidentiality of the materially and locally competent tax administrator and other persons involved in the 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 (

), here3. completed questionnaire of the entrepreneur in electronic form (file in .xml format only) (

here

Data pursuant to Section 97(b) of the Act

If you have a graphic representation of the ownership structure of the entrepreneur, you can submit it to the Office. The Office welcomes such supporting documents and helps to assess the submitted data more quickly and accurately.

For an example of data pursuant to Section 97(i) and (j) of the Act, we state: 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.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, request according to Entrepreneur in Section 96(1) of the Act ascertains whether in the last 5 years he has concluded trades with a foreign partner, whose total

annual

Examples: Data pursuant to Section 97(i) of the Act

because in none of the last five years has the total annual volume exceeded CZK 2 million;2020 – 500 000, 2021 – 2 million, 2022 – 200 000, 2023 – 300 000, 2024 – 1 million =
does not specify million, that is, the sum of all trades in 5 years 2020 – 600,000, 2021 – 2,1 million, 2022 – 300,000, 2023 – 1.7 million, 2024 – 500,000 = indicates, because in 2021 the total annual volume exceeded CZK 2 million and in the item volume of trades will indicate the amount

5,2

Data pursuant to Section 97(j) of the Act

When filling in the data in point (j) of the entrepreneur's questionnaire (Section 97(j) of the Act), Czech business partners and business partners from the Member States of the European Union to the extent specified by the implementing legislation, the entrepreneur proceeds in accordance with the provisions of Section 6 of the Industrial Safety Decree, which sets out the scope of the data provided.

4. documents necessary to verify the conditions pursuant to Section 16 of the Act: the application of the entrepreneur attaches An entrepreneur who is

in the original, an officially certified copy or a simple copy, a natural person,
in the original, an officially certified copy or a simple copy, contracts for the lease of premises, buildings and land referred to in silent partnership agreement
in the original, an officially certified copy or a simple copy, Section 97(e) of the Act
in the original, an officially certified copy or a simple copy, proof of the issuance of bonds, stating the reason for the issuance and the total amount of issued bonds
in the original, an officially certified copy or a simple copy, regular financial statements, if he keeps accounts and is not a person registered in the Commercial Register, or tax returns, if he keeps tax records or applies expenses as a percentage of income under the Income Tax Act, for the last 5 years,
dated and signed by the responsible person not more than 60 days from the date of issue in the original or an officially certified copy, the auditor's reports on the statutory audit of financial statements submitted in accordance with the previous indent, if the auditor is not a person registered in the Commercial Register;
not older than 60 days from the date of issue in the original or an officially certified copy, a summary of business liabilities that are past due by more than 180 days, specifying the individual creditors and the reason for non-payment
dated and signed by the responsible person not more than 60 days from the date of issue in the original or an officially certified copy, statement of the owner's account in a separate register of investment instruments
dated and signed by the responsible person not more than 60 days from the date of issue in the original or an officially certified copy,^{provided that they are not in the central register, shares and deposits in the registered capital of a public company, a limited partnership and limited liability companies and membership deposits in cooperatives} overview of other investment securities an overview of all shareholdings in joint-stock companies and shareholdings in percentages
dated and signed by the responsible person not more than 60 days after the date of issue in the original or an officially certified copy. 1)

overview of deposits into the registered capital of a foreign company , attached to the application of the entrepreneurEntrepreneurs who are not

in the original, an officially certified copy or a simple copy, natural person
in the original, an officially certified copy or a simple copy, evidence of decisions of its authorities on facts that are entered in the Commercial Register and are not yet entered in it,
in the original, an officially certified copy or a simple copy, contracts for the lease of premises, buildings and land referred to in silent partnership agreement with an entrepreneur
in the original, an officially certified copy or a simple copy, Section 97(e) of the Act
dated and signed by the responsible person not more than 60 days from the date of issue in the original or an officially certified copy, proof of the issuance of bonds, stating the reason for the issuance and the total amount of issued bonds
not older than 60 days from the date of issue in the original or an officially certified copy, a summary of business liabilities that are past due by more than 180 days, specifying the individual creditors and the reason for non-payment
dated and signed by the responsible person not more than 60 days from the date of issue in the original or an officially certified copy, statement of the owner's account in a separate register of investment instruments
dated and signed by the responsible person not more than 60 days from the date of issue in the original or an officially certified copy,^{provided that they are not in the central register, shares and deposits in the registered capital of a public company, a limited partnership and limited liability companies and membership deposits in cooperatives} overview of other investment securities an overview of all shareholdings in joint-stock companies and shareholdings in percentages
dated and signed by the responsible person not more than 60 days after the date of issue in the original or an officially certified copy. 1)

which contains a system for protecting classified information with the entrepreneur, one copy must be deposited with the entrepreneur, who is obliged to keep it up-to-date; the safety documentation shall include: overview of deposits into the registered capital of a foreign company

5. security documentation of the entrepreneur,
the specification of classified information to which the entrepreneur has access, including a list of such classified information with an indication of its originator or provider, the classification level and the specification of the contract, including classified information of a foreign power to which the entrepreneur has access, or confirmation pursuant to Section 97(h) of the Act,
analysis of potential threats to classified information, appropriate and effective protective measures to reduce risks;

a description of the methods of implementation of the different types of ensuring the protection of classified information. .More information on the content of the entrepreneur's security documentation can be found

here

Please note: )!An entrepreneur cannot apply for a so-called combination of grades within a single application, i.e. ask for a different classification level for the so-called ‘introduction’ of classified information (see Section 20(1)(b) of the Act) and another classification level for the so-called “provision, generation and storage” of classified information (see

Section 20(1)(a) of the Act payment of the administrative fee pursuant to Act No 634/2004 on administrative fees, as amended, when submitting an application for the issue of an entrepreneur’s certificate. One of the conditions

for the initiation of security proceedings on the entrepreneur's application for the issue of the entrepreneur's certificate is : Part of the security documentation of the entrepreneur - "description of the methods of implementation of the different types of ensuring the protection of classified information" - it is necessary to structure according to these species specified in

Section 5 of the Act
personnel security (Title II of the Act),
administrative security (Title IV of the Act),
physical safety (Title V of the Act),
security of information systems or communication systems (Title VI of the Act),

cryptographic protection (Title VIII of the Act). on the certification of an information and communication system or the certification of a cryptographic product (the procedure is recommended to consult the said authority in advance).When processing the security documentation of the entrepreneur in the area of the use of means of ensuring the protection of classified information, it is always necessary to rely on the implementing legislation to the law ( ordinances ). If an entrepreneur intends to handle classified information in an information and communication system or to use cryptographic means of protection, he must apply in the form of a separate application

National Cyber and Information Security Authority - only a description of the implementation of personnel security measures. If the entrepreneur asks for a form of access to classified information in the application for the issuance of the entrepreneur’s certificate, which consists only in the so-called ‘introduction’ of classified information, the entrepreneur’s security documentation shall contain in part -

"description of the methods of implementation of the different types of ensuring the protection of classified information"

What the entrepreneur must ensure in the context of security proceedings in relation to persons (employees) with the entrepreneur who are supposed to have access to classified information .The responsible person of an entrepreneur who has submitted an application for the issue of an entrepreneur's certificate must ensure that natural persons with an entrepreneur who are presumed to have access to classified information on the basis of a valid entrepreneur's certificate of the relevant classification level submit an application for the issue of such a certificate to the Office. Detailed information on this procedure can be found in the section

Personnel security Requirements for the application for the issue of a certificate of the entrepreneur pursuant to

Section 96(3) and (4) of the Act If an entrepreneur who is to have access to classified information after the expiry of an existing entrepreneur's certificate applies for a new entrepreneur's certificate before the expiry of the current entrepreneur's certificate

in the case of a new application for the issue of an entrepreneur's certificate for the classification level Confidential, within a period of at least:
in the case of a new application for the issue of an entrepreneur's certificate for the classification level Secret, 7 months
in the case of a new application for the issue of an Entrepreneur's Certificate for the classification level Top Secret, 9 months

11 months

) contains the entrepreneur submits the following materials: 1. Entrepreneur's request form (model application set out in the Industrial Safety Ordinance – here, the application can be completed –

here
identification data of the entrepreneur,
the level of classification and the form of access to the classified information for which the certificate is requested;
- justification of the need for access to classified information by the entrepreneur, which contains data on the subject of business, within which the entrepreneur requests access to classified information, and the circumstances that justify the required form of access pursuant to Section 20 of the Act, as well as data on
- a public contract in which access to classified information is requested, its contracting authority and the expected duration of the procurement procedure;
- a concession contract in which access to classified information is requested, its contracting authority and the expected duration of the concession award procedure;
- a public contract or a concession contract prior to the launch of the procurement or concession procedure for which the entrepreneur intends to apply and under which access to classified information is presumed, its contracting authority or contracting entity and the expected date for the launch of the procurement or concession procedure;
- a public contract or a concession contract under which access to classified information was requested, to its contracting authority or to the contracting authority, provided that the procurement or concession procedure was initiated no more than five years before the date of submission of the entrepreneur’s application for the issue of the entrepreneur’s certificate and the subject of its performance corresponds to the entrepreneur’s business object;
the contract or, as the case may be, other legal facts on the basis of which access to classified information is requested, the subject-matter of that contract and the provider of the classified information,
the facts on the basis of which the entrepreneur will create classified information,
a statement that the information given in the application and its annexes is true and complete;

the date of completion,2. a declaration by the entrepreneur on the waiver of the obligation of confidentiality of the materially and locally competent tax administrator and other persons involved in the 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 (signature of the responsible person of the entrepreneur,

) with the fact that in the questionnaire of the entrepreneur are filled in only ),, which have changed during the period of validity of the entrepreneur’s certificate and have not been notified pursuant to Section 7(2) and (3) of the Industrial Safety Decree,here 3. completed questionnaire of the entrepreneur in electronic form (file in .xml format only) (

basic identification data, to the extent of the name or business name and identification number of the person and data here if the Industrial Safety Decree so provides – see above – point 4 of Chapter

The essentials of the basic application for the issue of a certificate of the entrepreneur according to the law, 4. documents necessary to verify the conditions pursuant to Section 16 of the Act,

to the extent of changes not notified to the Office pursuant to Sections 9 and 10 of the Industrial Safety Decree.

5. Security Documentation of the Entrepreneur - and valid account details - For example: .When submitting the basic application for the issue of the entrepreneur's certificate under the Act, the entrepreneur provided in the entrepreneur's questionnaire, among other things, data on the entrepreneur's manager -

Item (a) , because he has not concluded any contracts, the total financial volume of the transaction would amount to more than 2.000.000 CZK, and has not provided any data in the item (d) – contracts the subject matter of which contains classified information. He did not mention any foreign business partners -

Item (i) entry (h) , the conclusion of a contract with a trading partner from the USA with a total trade volume of CZK 2 500 000 and with a trading partner from Egypt with a total trade volume of CZK 1 500 000. The entrepreneur has also established two new secure areas and, on the basis of the contractual relationship, classified information that is stored with the entrepreneur has been received. After issuing the certificate of the entrepreneur with him .there have been changes consisting in the appointment of a second director, the accession of a silent partnership, the opening of new accounts;

with a bank in the Czech Republic and one account with a bank abroad

In this case, the entrepreneur is obliged, pursuant to Sections 7 to 10 of the Industrial Safety Decree, to notify only changes to: An insolvency petition was filed against the entrepreneur, but was rejected on the basis of a decision of the insolvency court in the form of filling in these data in the entrepreneur's questionnaire and documenting the decision of the entrepreneur's body to appoint a second executive (e.g. the decision of the general meeting) and the silent partnership agreement with the entrepreneur,
Immediately, under headings (a) and (c) by filling in the details of an account opened with a bank in a foreign country,
under the heading ‘description of the methods of implementation of each type of ensuring the protection of classified information’, in the form of an updated description of the type of physical security; under heading (d) ,within the framework of the annual notification of changes, which it is obliged to make on the date that coincides with the date of issue of the certificate of the entrepreneur,
Immediately the Safety Documentation in the form of filling in these data in the entrepreneur's questionnaire (only a business partner from the USA, because the total volume of trade with him exceeds 2.000.000, - CZK),
in the form of filling in these data in the entrepreneur's questionnaire and in the form of an updated part under heading (i) '… Classified Information Enumeration', within the framework of the annual notification of changes, which it is obliged to make on the date that coincides with the date of issue of the certificate of the entrepreneur, under heading (h)

security documentation When submitting a subsequent application for the issue of a certificate of the entrepreneur pursuant to within the framework of the annual notification of changes, which it is obliged to make on the date that coincides with the date of issue of the certificate of the entrepreneur. is then obliged to

Section 96(3) and (4) of the Act in the entrepreneur’s questionnaire, provide the data in the manner described for this application under point 3.

Since the last annual notification of changes (Section 7(3)(b) of the Industrial Security Decree) has also changed classified information stored with the entrepreneur, he is also obliged to fill in the data

under heading (h) of the entrepreneur’s questionnaire and submit an updated part of the security documentation – ‘listing of … classified information’. If the entrepreneur fails to comply with the above-mentioned minimum deadlines for submitting an application for the issue of the entrepreneur's certificate under Please note: , will be obliged to submit a new complete basic application according to the law - see above -

Section 96(3) and (4) of the Act For a request under The details of the ‘basic’ application for the issue of an entrepreneur’s certificate under the Act – including payment of the administrative fee under Act No 634/2004 on administrative fees, as amended, when applying for the issue of an entrepreneur’s certificate.

any subsequent application is not considered, regardless of how the security procedure relating to the previous application was (or was not) completed.

Section 96(3) and (4) of the Act

For example:
If the entrepreneur has submitted an application for the issue of a certificate of the entrepreneur and the procedure:
has been stopped,

has been terminated by a decision not to issue a certificate of the entrepreneur, or is still ongoing,

^{The details of the ‘basic’ application for the issue of an entrepreneur’s certificate under the Act – including payment of the administrative fee under Act No 634/2004 on administrative fees, as amended, when applying for the issue of an entrepreneur’s certificate.} subsequently, the application submitted by the entrepreneur for the issue of another entrepreneur's certificate must be a new complete basic application according to the law - see above -

For access to classified information ONLY the level of classification Restricted is not a condition for the performance of the security procedure and the subsequent issue of the Facility Security Clearance by the Office, the entrepreneur has access to this classified information on the basis of his written statement proving his ability to ensure the protection of classified information (hereinafter referred to as "the Statement of the Entrepreneur").

What are the forms of access by an entrepreneur to classified information classified at the level Restricted (Section 20 of the Act)

Depending on how the entrepreneur will access classified information, there may be two variants of access referred to as forms of access by the entrepreneur to classified information. Under this provision, an entrepreneur shall have access to classified information:

a) which arises from it or is provided to it, or
b) to which the employees of the entrepreneur or a person acting on behalf of the entrepreneur or on behalf of the entrepreneur have access, in connection with the performance of work or other activities for the entrepreneur on the basis of a contract, without being provided to or arising from the entrepreneur.

The form of access referred to in point (a) means that the entrepreneur creates classified information on his premises or that it is provided to him for further use in his own premises, on any medium. In the case of the entrepreneur's access referred to in point (b), this involves acquaintance with classified information, i.e. the classified information is not passed on to the entrepreneur and the entrepreneur only becomes acquainted with it, for example, at the contracting authority.

The conditions that the entrepreneur must necessarily meet in order to be entitled to make a statement of the entrepreneur with the form of access according to Section 20(1)(a) of the Act, shall also include the conditions laid down for the form of access referred to in Section 20(1)(b) of the Act. This means that if the entrepreneur makes a statement of the entrepreneur with the form of access referred to in point (a), in this case he has access to classified information also in the form referred to in point (b).

When an Entrepreneur may have access to Classified Information

if necessary for the performance of its activities, if the statement of the entrepreneur proves its ability to ensure the protection of classified information or if it holds a certificate of the entrepreneur (classified CONFIDENTIAL, SECRET, TOP SECRET), unless stated otherwise (Sections 58 to 62 of the Act).

Fulfilment of the conditions for access to classified information of the classification level Restricted on the basis of the issued statement of the entrepreneur shall be demonstrated by the entrepreneur the Provider of this information (hereinafter referred to as the ‘restricted information provider’) handing over the statement of the entrepreneur before the first access to this information. The provider of classified information is entitled to require the entrepreneur to submit the entrepreneur's security documentation and has the right to only inspect this document, cannot take it away or make copies or extracts. The provider of the restricted information shall send a copy of the entrepreneur’s statement to the Office without delay (Section 69(1)(q) of the Act). The entrepreneur will make as many statements of the entrepreneur as the providers will have restricted information.

If classified information at the level Restricted will only arise, without there being a provider of restricted information, the entrepreneur shall send the original statement of the entrepreneur to the Office immediately after making it.

When the entrepreneur is entitled to make a statement of the entrepreneur

if it has conditions in place for protecting restricted classified information which correspond to the form of access to it (Section 20 of the Act) and the relevant type of ensuring its protection (Section 5 of the Act),
the responsible person of the entrepreneur is the holder of a notification of compliance with the conditions for access to classified information at the level of the Restricted, Personal Security Clearance or Document.

The details of the entrepreneur’s statement are set out in the Industrial Security Decree (Annex 7) on the Office’s website: here or an online service can be used using the means of a qualified electronic identification scheme (NSA portal).

Validity and expiry of the entrepreneur's statement

The period of validity of the entrepreneur's statement is 5 years from the date on which it was made. If an Entrepreneur is to have access to Classified Information at the level Restricted after its expiry, he shall make a new statement of the Entrepreneur and shall continue to treat it in the same way as the original statement.

Validity of the statement of the entrepreneur according to Section 15a(5) of the Act ceases to exist:

5 years after the date on which it was made,
on the date of delivery of the written notification of the entrepreneur that he is terminating his access to classified information, to the person to whom he has transmitted or sent the entrepreneur's statement (i.e. to the provider of the restricted information or to the Office),
the date of delivery of the Facility Security Clearance for the form of access pursuant to Section 20(1)(a) of the Act or for the same form of access by the entrepreneur to classified information,
the dissolution or termination of the entrepreneur,
if the entrepreneur no longer fulfils any of the conditions that allowed him to make a statement of the entrepreneur (see above: When the entrepreneur is entitled to make a statement of the entrepreneur),
by changing any of the information given in the entrepreneur's statement.

The entrepreneur shall immediately notify in writing the expiration of the validity of the entrepreneur's statement referred to in points 3, 5 and 6 to whom he has transmitted or sent the entrepreneur's statement.

Obligations of the entrepreneur who made the statement of the entrepreneur (Section 68a of the Act)

keep the security documentation of the entrepreneur in the scope of:
- the methods of implementation of the various types of ensuring the protection of classified information,
provide security documentation at the request of the provider of the restricted information;
ensure the protection of classified information when access to classified information ceases;
send a statement of the entrepreneur to the Office, if classified information classified at the level restricted only arises from him,
notify the Office or the provider of the restricted information in writing of the termination of access to it or of the expiration of the validity of the entrepreneur's statement, forward the classified information to the provider or to the person to whose material jurisdiction the classified information falls, of their own accord, to the authority of the State to whose material jurisdiction the classified information falls; if it is not possible to do so, it is obliged to hand them over to the Office, upon expiration of the validity of the entrepreneur's statement, the entrepreneur is obliged to submit the provided classified information

List of entrepreneurs with a valid Facility Security Clearance: here

List of entrepreneurs with a valid Certificate for foreign power - here

List of invalid Facility Security Clearances (loss, destruction, revocation, expiry) - here

List of invalid Certificates for foreign power (loss, destruction, invalidation, expiration of validity) - here

Information on remedies can be found - here

Industrial Security Department

implements the security procedure for issuing the certificate of the entrepreneur

Telephone:	257 283 153, 221
e-mail:	This email address is being protected from spambots. You need JavaScript enabled to view it.

on the above-mentioned tel. no. is the possibility to order for the inspection of documents before submitting the application for the issue of the certificate of the entrepreneur

Registrar's office

accepts applications for the issue of an entrepreneur's certificate, also accepts notifications of changes, additions to data, postal items addressed to the National Security Office

257 283 225

N.B.: waiting times may be extended at the mailroom during lunchtime from 12:00 to 13:00.
Telephone:	Registrar's office hours
Monday:	8:00 - 17:00
Tuesday:	8:00 - 14:00
Wednesday:	8:00 - 17:00
Thursday:	8:00 - 14:00

Friday:

8:00 - 13:00	Registration Investigation and Support Department
Telephone:	This email address is being protected from spambots. You need JavaScript enabled to view it.

Access to classified information may be granted to:

an entrepreneur who:
- in the case of classified information classified at the level RESTRICTED, attests by a declaration of the entrepreneur its ability to ensure the protection of classified information or holds a certificate of the entrepreneur (confidential, secret, top secret);
in the case of classified information classified CONFIDENTIAL, SECRET or Strict SECRET, hold a valid business certificate of equivalent or higher level;),a business entity that has been recognised by a security authorisation issued by an authority of a foreign power (
Section 62 of the Act),Entrepreneur who has been granted a one-off access to classified information (
Section 59 of the Act).an entrepreneur who does not hold an entrepreneur's certificate of the necessary classification level or does not have access to classified information of the classification level Reserved, if he performs tasks in a period of increasing international tension or within the framework of the participation of the Czech Republic in armed conflict abroad, in rescue or humanitarian action abroad or within the framework of a declared state of war, state of threat to the state, state of emergency, state of danger or state of cyber danger (
Section 60 of the Act

the entrepreneur, in the event that the certificate ceased to be valid for the reason referred to in Section 56(1)(a) of the Act, upon expiry of the period of validity, until the decision on the application pursuant to Section 96(3) has been issued, but no longer than 12 months after the expiry of the certificate, if the application was submitted at the time when the state of crisis was declared for the entire territory of the Czech Republic or if the state of crisis was declared during the proceedings on this application (Section 60a of the Act).

Ad 1)		Access to classified information at security classification level Reserved
Access to classified information classified Confidential or Secret or Top Secret	Type of document or authentic instrument	Declaration by the entrepreneur
	Certificate	Declaration by the entrepreneur

Certificate

Ad 2))Access to classified information on the basis of the recognition of a security authorisation issued by an authority of a foreign power (

Section 62 of the Act

At the request of a business entity, the Office may recognise a security authorisation issued by the Office of a foreign power. An application may also be made through an office of a foreign power competent for the protection of classified information. These are cases where this is allowed by an international treaty by which the Czech Republic is bound, or where recognition is in accordance with the Czech Republic's foreign policy and security interests. There is no legal right to such recognition.

The application shall be accompanied by an official translation of the security authorisation or a certified copy thereof; such documents shall not be required where the application is made through an office of a foreign power competent for the protection of classified information, provided that the latter confirms on the application that the business entity holds the relevant security authorisation.

The application shall also state the reason why recognition is to be given and the period for which recognition is to be given.

Ad 3))One-time access to classified information ( § 59,

Section 61 of the Act The Office may, in exceptional and justified cases, give consent to one-time access to classified information one degree higher than that for which a valid certificate of the entrepreneur is issued, but for a maximum period of 6 months and only for the form of the entrepreneur's access, which consists only in so-called acquaintance with classified information, i.e. that classified information is not passed on to the entrepreneur and the entrepreneur only becomes acquainted with it, for example, at the contracting authority; one-off access shall not be granted to TOP SECRET classified information.

One-off access may therefore only be granted for access to classified information classified at Secret level.

The request for one-time access shall always be in writing, signed by the responsible person of the entrepreneur and shall include a justification for the need for one-time access, an indication of the area of classified information to which access is to be granted and the required one-time access time. The application shall be accompanied by a copy of the entrepreneur’s certificate and the written consent of the provider of classified information to grant consent for one-off access. The same entrepreneur can only be given consent once and is not legally entitled to it. If this is the case, consent shall be given no later than 5 days after the date of receipt of the request.

One-time access to classified information of a foreign power may be granted only in accordance with the requirements of that foreign power.

Ad 4) ). Accessfor classified information in the case of performance of tasks in a period of increasing international tensions or within the framework of the participation of the Czech Republic in armed conflict abroad, in rescue or humanitarian action abroad or within the framework of a declared state of war, state of threat to the state, state of emergency, state of danger or state of cyber danger(

Section 60 of the Act

If the entrepreneur does not hold an entrepreneur's certificate at the relevant security classification level or does not have access to restricted classified information, he may, in the above cases, be granted access to classified information.

The responsible person of the entrepreneur is obliged to process a written record of access and send it to the Office without delay.

Laws

Decrees

Decree No 405/2011 on industrial safety

Safety procedures (hereinafter referred to as ‘procedures’) (Sections 89 – 135 of the Act) is a process led by the Office, which, in the field of industrial security, serves to verify whether an entrepreneur (hereinafter referred to as a ‘party to the proceedings’) meets the conditions for issuing an entrepreneur’s certificate. Proceedings shall be closed to the public and the personal honour and dignity of all persons concerned by the proceedings shall be safeguarded during the proceedings.

The proceedings take place and the documents are drawn up in the Czech language, unless it is a question of exercising the rights of a national minority member under a special legal regulation. Documents drawn up in a foreign language must be submitted by the party to the proceedings in the original version and at the same time in an officially certified translation into the Czech language.

The Office shall conduct proceedings through officials authorised to do so under the internal rules of the Office. The individual steps in the proceedings shall be taken in writing, unless this is precluded by the nature of the case.

Except in the case of personal acts, a party may be represented by a lawyer or other representative to whom he or she has granted a power of attorney in writing. During the proceedings, the party and his representative shall be entitled to inspect the unclassified part of the security file. An official who participates in the proceedings may be excluded from the proceedings on his own motion or on the basis of an objection of bias raised by a party to the proceedings.

On behalf of the entrepreneur, the actions in the proceedings are carried out by his responsible person (Section 2(e) of the Act).

A party to proceedings may act independently in the proceedings to the extent that it has legal capacity.

Closing date management depending on the type of proceedings, the Office shall terminate the proceedings for the issue of the entrepreneur's certificate within the period of:

6 months for Confidential,
8 months for Secret,
10 months for Top Secret.

The deadline does not run for the time when a state of crisis is declared for the entire territory of the Czech Republic.

The deadline for the termination of proceedings may be reasonably extended by the Director of the Office, but not more than twice and once for a maximum period of time specified for the proceedings of a given degree, in cases where the intelligence service or the police cannot communicate the results of the investigation within the prescribed time limits or a state authority, a legal person or a natural person doing business cannot provide the information required in the proceedings within the prescribed time limit (Section 118 of the Act).

If the entrepreneur gives consent according to Section 108(7) of the Act, the management in question shall be subject to the time limits laid down for the classification level for the acts for which consent has been given.

The procedure is initiated (Section 93 of the Act):

the date of delivery of the written application for the issuance of the certificate of the entrepreneur to the Office (hereinafter referred to as the "application") and payment of the administrative fee,
on the date of delivery of the written notification to the Office of the initiation of proceedings for the revocation of the validity of the entrepreneur’s certificate to the holder of that entrepreneur’s certificate.

The request may be withdrawn by the party; that right may not be exercised between the date of the decision of the Office and the date on which the appeal proceedings are initiated and the date on which the appeal decision is issued.

If the application does not have the prescribed formalities, the Office will help the party to the proceedings to remedy the formal deficiencies. If the deficiencies cannot be remedied on the spot, the Office shall immediately invite the party to the proceedings in writing to: Deficiencies in the application removed within 30 days (Section 102 of the Act). If it fails to do so, the Office of the Proceedings stops (Section 113 of the Act).

The Office is entitled to require the party to the proceedings to specify the data specified in the application and provide additional data to verify compliance with the conditions for issuing the certificate of entrepreneur (Section 103 of the Act), within 30 days. If the party to the proceedings does not specify the data, the Office may discontinue the proceedings (Section 113 of the Act).

For decisions in proceedings, the Office relies not only on data from the party to the proceedings, but also on information that it requests from the competent authorities of the state, legal entities or natural persons doing business. The examination of the witness, the interview with the party to the proceedings and the appointment of an expert are also important steps that can be taken during the proceedings.

Witness (Section 104 of the Act) can be any natural person who is not a party to the proceedings (except police and intelligence officers involved in the proceedings). A person who would breach the protection of classified information or the obligation of confidentiality (unless released) cannot be questioned. Any refusal to give evidence shall be governed by Section 100 of the Code of Criminal Procedure. Failure to appear to give evidence, giving false or incomplete testimony may result in the imposition of a civil fine of up to CZK 50,000 (maximum CZK 100,000 in total). At the request of the Office, a witness may be presented. A record of the deposition is made, which becomes part of the security volume. A witness may also be required to submit written observations on the facts stated by the Office. Claims for lost earnings and travel expenses must be made within 5 days after the testimony.

Interview with the party (Section 105 of the Act) is carried out if it is necessary to clarify certain facts in the course of the proceedings. Repeated failure to appear for the interview without apology shall result in the termination of the proceedings. False or incomplete statements during the interview also have the same effect; the provision of false or incomplete information during the interview (or during the procedure) may also result in non-compliance with the condition of security reliability and the subsequent non-certification of the entrepreneur. A record of the interview shall be drawn up and shall become part of the security file. If, after the report has been drawn up, a party requests a copy of the report, it shall be drawn up free of charge.

If an expert opinion is required for the expert assessment of the facts relevant to the decision, the Office shall appoint an expert (Section 106 of the Act). The costs of such an expert opinion shall be borne by the Office.

Proceedings are bound by time limits. In certain cases, there may be stay of proceedings (Section 112 of the Act). It shall not run for the duration of the interruption. The Office shall stay the proceedings by order if:

other proceedings are under way to resolve an issue relevant to the decision;
the party to the proceedings has been invited by the Office to remedy the deficiencies in the application or to supplement other information requested by the Office, or if he has been summoned for an interview;
the party to the proceedings has been invited by the Office to designate a person responsible within a specified period;
it is not possible to hear a witness whose testimony is important for the complete and accurate determination of the actual state of the case to the extent necessary for the decision;
a party to the proceedings requests a stay for reasons preventing him from participating in the proceedings, for a maximum period of 60 days; a party to the proceedings on the request may request that the proceedings be stayed no more than twice;
The Office issued an order on the appointment of an expert for the preparation of an expert opinion.

The proceedings shall be suspended on the date of transmission of the order suspending the proceedings to the holder of the postal licence or special postal licence, on the date of personal receipt of such a order by the party to the proceedings, if served by the Office, or by delivery to the data box of the party to the proceedings.

The Office shall inform the party of the stay of proceedings by means of an order. The Office shall resume the proceedings as soon as the obstacles for which the proceedings have been suspended have ceased to exist or, as the case may be, as soon as the time limit for which the party requested the suspension of the proceedings has expired. The party shall be informed of this in writing, with the exception of the continuation of the procedure by means of an interview.

Proceedings may be terminated by the Office by means of a resolution (Section 113 of the Act), if:

the party has withdrawn its application;
the party fails to remedy the deficiencies in the application within the prescribed time limit;
the party does not return to the interview without apology;
the party to the proceedings does not consent to the performance of acts in the proceedings for a higher degree than that applied for (Section 108(7) of the Act),
the party to the proceedings has not designated a person responsible within the prescribed time limit;
a party to the proceedings gives false or incomplete testimony or does not provide any other necessary assistance and it is not possible to decide on the basis of the state of the case;
the party has been dissolved or has ceased to exist;
the reason or subject-matter of the proceedings for revocation of the validity of the entrepreneur’s certificate has ceased to exist.

To ensure the purpose and course of the proceedings serve other institutes, which are summons, presentation and civil fine (Sections 114-116 of the Act). The Office shall summon in writing a person whose personal participation in the hearing of the case is necessary. A witness who fails to appear without a proper apology or without serious reasons for a reinstatement of the summons and without whose personal participation the proceedings cannot be conducted may, at his expense, be brought before the Police of the Czech Republic, in the case of a soldier in active service by the Military Police, and in the case of a member of the security corps by the competent security corps. The Office may impose a civil fine of up to CZK 50,000 on a person who, without serious reasons, fails to appear at a written request to the Office, submits an incorrect or incomplete witness statement or refuses to give a witness statement for no reason, or up to CZK 500,000 on an authority of the State, a legal entity or a natural person engaged in business, if he does not provide the information requested by the Office free of charge upon request. The fine can be imposed repeatedly, the total amount of fines may not exceed CZK 100,000 or CZK 1,000,000.

Decisions and other documents shall be served by the Office itself, by delivery to the data box of the party to the proceedings or through the holder of a postal licence or a special postal licence. Where a party has a representative, documents shall be served only on the representative. If the addressee refuses to accept the consignment or does not accept it because he did not know about its storage, although he is staying at the place of service, there is a legal fiction of service (Section 120(2) and (3) of the Act) and the document is deemed to have been served:

the date of refusal to accept the document by the addressee, or
the date on which 10 days have elapsed since the deposit of the take charge notice - if the addressee has not been found at the place which he or she has designated as the place for service of documents, the servicer shall notify him or her in an appropriate manner of where the document is stored and where it can be collected; if, in such a case, the document is not collected within 10 days of its deposit, it shall be deemed to have been served on the last day of that period, even if the addressee has not learned of its deposit.

The Office shall also set up an official notice board, which shall be accessible to the public at all times. The content of the official notice board is also published on the Office’s website: here.

The Office may deliver by public decree in cases where it is not possible to deliver otherwise. Service by public decree shall be effected by posting the document, or the notification of the possibility of taking over the document, on the official notice board of the Office and marking the date of posting on the document. On the fifteenth day following the date of posting, the document shall be deemed to have been served if the obligation to publish has also been fulfilled within that period.

An entrepreneur who is a natural person with permanent residence in the territory of the Czech Republic registered in the Trade Register, Commercial Register or other register kept under another law by a registrant and who pursues business activities or a legal person with its registered office in the Czech Republic registered in the Commercial Register, whose main activity is business activities, and who necessarily needs access to classified information classified as Confidential and above, may be granted such access if he holds a valid certificate of the entrepreneur of the relevant classification level or above, unless Act No 412/2005 Coll., on the protection of classified information and security clearance, as amended (hereinafter referred to as the "Act") provides otherwise (Sections 58 to 62 of the Act).

The entrepreneur’s certificate shall be issued by the National Security Office (‘the Office’) to an entrepreneur who fulfils the conditions for its issue laid down in Section 16 of the Act, after a safety procedure has been carried out.

Who is involved in the security procedure

The participant of the security procedure is according to Section 92(b) of the Act an entrepreneur who has submitted an application for the issue of a certificate of the entrepreneur, or pursuant to Section 92(c) of the Act an entrepreneur holding an entrepreneur’s certificate.

Security proceedings take place and documents are drawn up in the Czech language, unless it is a question of exercising the rights of a member of a national minority. In the case of a document drawn up in a foreign language, the party to the security proceedings must submit it in the original version and at the same time in an officially certified translation into the Czech language.

The decision to submit an application for the issue of an entrepreneur's certificate is fully within the competence of the statutory body. In practice, this case usually occurs on the basis of business contact, for example negotiations with the aim of concluding a contract of sale or a contract for work with an institution or business partner, which requires the entrepreneur to hold a valid certificate of the entrepreneur, because in fulfilling the terms of the contract, he will become acquainted with classified information, classified information will be provided to him or classified information will be generated from him.

What are the forms of access of the entrepreneur to classified information (Section 20 of the Act)

a) which arises from it or is provided to it, or
to which the entrepreneur's employees or persons acting on behalf of the entrepreneur or on behalf of the entrepreneur have access, in connection with the performance of work or other activities for the entrepreneur on the basis of a contract, without being provided to or arising from the entrepreneur.

The conditions that the entrepreneur must necessarily meet for the issuance of the certificate of the entrepreneur with the form of access according to Section 20(1)(a) of the Act, shall also include the conditions laid down for the form of access referred to in Section 20(1)(b) of the Act. This means that if an entrepreneur applies for the issue of an entrepreneur’s certificate with the form of access referred to in point (a), he has access to classified information in the form referred to in point (b) if the required entrepreneur’s certificate is issued. On the basis of the above, in such a case, only the form of the entrepreneur's access to classified information pursuant to Section 20(1)(a) of the Act.

Form of access according to Section 20(1)(b) of the Act it is marked on the entrepreneur’s certificates issued on the basis of applications if the entrepreneur applies only for the form of access referred to in point (b).

Note:

The next important step is to determine the classification level. In particular, it is necessary to refer here to Government Regulation No. 440/2024 Coll., on the catalogue of areas of classified information. In addition to the classification level, the form (option) of access must be clearly defined in the application (Section 20 of the Act) see above.

Notice to Entrepreneurs:

With regard to the individual provisions of the Act, relating to the implementation of the security procedure on the application and further taking into account the provisions of the Section 20 of the Act, which lays down the method of access to classified information, an entrepreneur cannot apply for a so-called combination of degrees within a single application. Therefore, it is not possible to request a different classification level for the so-called familiarisation with classified information (see Section 20(1)(b) of the Act) and another classification level for the so-called provision, creation and storage of classified information (see Section 20(1)(a) of the Act), but only one classification level for which it can request access under Section 20(1)(a) of the Act or for access under Section 20(1)(b) of the Act.

If an entrepreneur intends to request a different classification level, must submit two separate applications (two forms). Each request shall specify precisely the level of classification and the form or form of access referred to in Section 20 of the Act asks. The content of both applications must comply with the provisions of Section 96 of the Act. Applications submitted in this way will be subject to two separate security procedures.

If the entrepreneur intends to submit applications for a different degree, we recommend that you consult the manner of submitting and the content of the applications and the scope of the documented annexes through the Secretariat of the Security Management Section, tel. no.: 257 283 153, 221.

Facility Security Clearance

Facility Security Clearance is an authentic instrument - template certificate - here

Validity the Facility Security Clearance

for the level Confidential 10 years,
for the level Secret 10 years,
for the level Top Secret 5 years,

from the date of issue.

The validity of the Facility Security Clearance expires

the expiry of the validity of the Facility Security Clearance, the cancellation or termination of the entrepreneur,
the revocation of its validity (the date of enforcement of the decision of the Office revoking its validity),
reporting its theft or loss,
reporting of damage (resulting in illegibility of data, breach of integrity),
return by the holder to the person who issued it,
the date of delivery of the new Facility Security Clearance for the same form of access of the entrepreneur to classified information (for any degree).

If the holder of an Facility Security Clearance is requested to issue a new clearance pursuant to Section 96(3) of the Act and the procedure for such an application is affected by the declaration of a state of crisis for the entire territory of the Czech Republic, he or she may have access to classified information even after the expiry of the clearance in his or her possession due to its expiry (point 1), until the Office decides on his or her new application, but no longer than 12 months after its expiry. In this case, the Office shall not issue a Facility Security Clearance replacing the original or any other attestation. An up-to-date overview of the Facility Security Clearance that fulfil these conditions and can therefore continue to give access to classified information is available - here

Rights and obligations of the entrepreneur in case of expiration of the validity of the Facility Security Clearance

In the event of the expiry of the Facility Security Clearance referred to in points 1, 2 or 5, the entrepreneur shall be obliged to surrender the classified information provided to him/her to the person who provided it or to whose material scope he/she falls; if it is not possible to do so, it is obliged to hand it over to the Office. Classified information generated by the entrepreneur is obliged to hand over the classified information to the authority of the State to whose material competence the classified information belongs, if it is not, to the Office (Section 56(2) of the Act).

Please note:

By breaching this obligation, the entrepreneur commits an offence for which a fine of up to CZK 1 000 000 may be imposed (Section 154 of the Act).

In cases of expiration of the validity of the Facility Security Clearance under point 2, 4 or 6, the entrepreneur is obliged to return the Facility Security Clearance within 15 days the Office (Section 68(a) of the Act).
In case of theft or loss of the Facility Security Clearance (point 3) or in case of damage to the Facility Security Clearance (point 4), the entrepreneur is obliged to immediately report this fact to the Office (Section 68(b) of the Act).

Please note:

By breaching these obligations, the entrepreneur commits an offence for which it is possible to impose a fine of up to CZK 50,000 (Section 155 of the Act).In the event of termination of the validity of the entrepreneur's certificate under point 3 or 4, the Office shall issue a new entrepreneur's certificate on the basis of a written request submitted by the entrepreneur within 15 days from the date of termination of the validity of the entrepreneur's certificate within 5 days from its delivery (Section 56(4) of the Act)

Please note:

If no application is submitted within the prescribed period, the entrepreneur's access to classified information will cease and the entrepreneur will have to apply for a new Facility Security Clearance of the appropriate level and the appropriate form of access if future access to classified information of the Confidential, Secret or Top Secret classification is necessary, i.e. it will be his duty to submit a new complete basic application for the issue of a Facility Security Clearance according to the law, including payment of the administrative fee pursuant to Act No 634/2004 on administrative fees, as amended.

In the event of a change in some of the information contained in the Facility Security Clearance, the Office shall issue a new Facility Security Clearance without delay. Access to classified information is not affected until the delivery of the new clearance (Section 54(4) of the Act).

Facility Security Clearance for Foreign Power (so-called certificate)

The certificate (Facility Security Clearance for Foreign Power) confirms to the foreign power that its holder has been subjected to a security procedure in accordance with the relevant legislation of the Czech Republic and that it holds a valid Facility Security Clearance of the given classification level and relevant forms of access to classified information.

The certificate can be issued only on the basis of a written reasoned request of the entrepreneur - a specimen of the request - here.

The deadline for processing the application for the issuance of a certificate by the Office is not laid down by law.

Types of certificates issued by the Office of Entrepreneurs:

NATO CONFIDENTIAL

NATO SECRET

COSMIC TOP SECRET

The certificate is a public document.

For the purposes of the institutions of the European Union, the certificate is not issued, it is fully replaced by a ‘national’ clearance issued by the entrepreneur in accordance with the law.

Restricted certificates shall not be issued. The Office shall not issue a certificate or other similar document for access to NATO RESTRICTED classified information, as under NATO Security Policy that certificate or similar document is not required for access to or creation of NATO RESTRICTED classified information [C-M(2002)49-REV1, Security within the North Atlantic Treaty Organisation (NATO), Annex G, paragraph 5]. At the same time, employees of an entrepreneur who will have access to NATO RESTRICTED classified information must be instructed before accessing it and must meet the need-to-know condition (Annex 1, paragraph 5 of NATO Directive AC/35-D/2000-REV8).

Thus, the conditions for access to NATO RESTRICTED classified information are fulfilled by an entrepreneur holding a declaration of an entrepreneur or a Facility Security Clearance, and by a natural person holding a notification of the fulfilment of the conditions for access to classified information classified at the level of a Restricted or a Personal Security Clearance, who has at the same time been made aware of NATO regulations as part of the instruction.

When does the Office issue a certificate

If so requested by NATO and if the entrepreneur is to have access to NATO classified information, if he meets the conditions under Section 15(b) of the Act
if it is in accordance with the security and economic interests of the Czech Republic and with the obligations arising for the Czech Republic from an international treaty,
if the entrepreneur is not in the process of revoking the validity of the Facility Security Clearance.

Period of validity of the Certificate (Section 57(7) of the Act)

may be no longer than the validity of the Facility Security Clearance, but in principle the certificate is issued for the period necessary (it is an item that the applicant for the certificate must fill in in the application for its issue).

Validity of the Certificate lapses

1. the expiration of its period of validity,
2. by announcing his theft or his loss,
3. by reporting damage (resulting in illegibility of data, breach of integrity),
4. return by its holder to the Office,
the expiration of the validity of the Facility Security Clearance further lapses

5. by reporting its theft, loss or damage (resulting in illegibility of data, breach of integrity), if the entrepreneur does not request the issuance of a new one within 15 days,
6. the cancellation or dissolution of the entrepreneur,
7. revocation of its validity (the date of enforcement of the decision of the Office revoking its validity),
8. the day of delivery of the new Facility Security Clearance for the same form of access of the entrepreneur to classified information (for any degree),
9. return by its holder to the Office.

Rights and obligations of the entrepreneur in case of expiration of the certificate
In cases of lapse of validity the certificate referred to in point 3, 5, 7 to 9and in case of delivery of a new certificate issued by the Office in case of theft, loss, damage or change of some of the data contained in the certificate, the entrepreneur is obliged to return the certificate to the Office within 15 days (Section 57(11) of the Act).
In case of theft or loss of the certificate (point 2) or in case of damage to the certificate (point 3) the entrepreneur is obliged to immediately report this fact to the Office (Section 68(b) of the Act)

Please note:

By breaching these obligations, the entrepreneur commits an offence for which it is possible to impose a fine of up to CZK 50,000 (Section 155 of the Act).

The entrepreneur is obliged to notify the Office of:

changes in all data in Entrepreneur's request, in the Entrepreneur's questionnaire, in the Entrepreneur's security documentation, if it is a party to the proceedings, Immediately (Section 103(3) of the Act),
data changes under heading (a), (b), (c) or (q) of the entrepreneur's questionnaire and in part "Methods of implementation of the different types of ensuring the protection of classified information" security documentation in the scope of updating the type of protection of classified information for which a change has occurred, and the establishment or cancellation of a secure area of the category Restricted, if the holder of the Facility Security Clearance is an entrepreneur, Immediately (Section 68(c) of the Act),
data changes in the entrepreneur's application, in the entrepreneur's questionnaire (with the exception of items (k) to (n)), the Security Documentation of the Entrepreneur (to the extent of the update of the part that has changed), if the holder of the Facility Security Clearance, once per calendar year, always on a date that coincides with the date of issue of Facility Security Clearance (Section 68(d) of the Act).

Changes to the data in the entrepreneur's questionnaire are supported by documents to verify the conditions under Section 16 of the Act to the extent and in the form laid down in Section 3 of the Industrial Safety Decree.

Please note:

If the entrepreneur holds more than one Facility Security Clearance, 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 clearance.

Notification of changes to data once per calendar year (Section 68(d) of the Act) in this case, the entrepreneur submits to the Office on the date on which the date of issue of the Facility Security Clearance, which was issued to the entrepreneur earlier.

If the entrepreneur is issued with a ‘duplicate’ Facility Security Clearance, because he has reported to the Office the theft, loss or damage of the entrepreneur’s ‘originally issued’ Facility Security Clearance, or if the entrepreneur is issued with a ‘duplicate’ Facility Security Clearance when changing one of the data listed therein, the date of issue of the Facility Security Clearance is still considered to be the date of issue of the ‘originally issued’ Facility Security Clearance;.

An entrepreneur who has access to classified information is also obliged to immediately notify the Office in writing of a fact that may affect the issue or validity of the Facility Security Clearance (Section 69 of the Act).

Method and form of notification of changes

For the notification of changes to the data in the entrepreneur’s questionnaire during the security procedure, the entrepreneur shall use the entrepreneur’s questionnaire. For the notification of changes to the data in the entrepreneur’s questionnaire after the issuance of the Facility Security Clearance, the relevant ‘entrepreneur’s change questionnaire’ available here.

For the notification of changes to the data in the entrepreneur's application form, the entrepreneur may use the entrepreneur's application template set out in the Industrial Security Decree, which is available on the Office's website (here) or use the application form on the NSA portal – here,

If it is a requirement of the Industrial Safety Decree, the notified change must be supported by the relevant documents, in the specified form (Section 11 of the Decree).

The notification of changes must indicate who is making it (the identification data of the entrepreneur and the name and surname of the responsible person of the entrepreneur must be provided) and what it concerns. In addition, this notification must include the designation of the authority to which it is addressed (the Office) and the signature of the responsible person of the entrepreneur.

The notification of changes may be submitted in paper or electronic form.

In paper form, it is possible to submit the notification of changes in person or through another person authorized for this purpose in the filing office of the seat of the Office (Na Popelce 2/16, Prague 5 - Košíře), in office hours.

Registrar's office hours:
Monday and Wednesday:	8:00 - 17:00
Tuesday and Thursday:	8:00 - 14:00
Friday:	8:00 - 13:00

Notification of changes can also be sent via the postal licence holder or a special postal licence to the Office's address (P.O.BOX 49, Prague 56, postcode 150 06).

In electronic form, it is possible to submit a notification of changes by delivery to the Office Data Box (Office ID – h93aayw, ‘Security procedure – Report of changes’ shall be entered in the ‘Case’ field), on the Office's Electronic Registry (This email address is being protected from spambots. You need JavaScript enabled to view it.), the field ‘Subject matter’ shall be filled in ‘Security management – Notification of changes’), or via an online service using the means of a qualified electronic identification scheme (NSA portal).

In case of submission to the electronic mailroom:

Entrepreneur's request form it must be the output of an authorised conversion or it must be signed by a responsible person with a recognised electronic signature,
statement of the owner's account in the central register of investment instruments it must be the output of an authorised conversion or it must be signed by the person who issued the document with a recognised electronic signature;
other documents necessary to verify the conditions under section 16 of the Act at the time of submission to the Electronic Filing Office it must be the output of an authorised conversion or it must be signed by a responsible person with a recognised electronic signature; on delivery to data boxes does not have to comply with the above requirements,
Entrepreneur's Change Questionnaire and Entrepreneur's Security Documentation does not have to comply with the requirements set out in the previous points, for delivery to the electronic mailroom, the submission must be signed by the responsible person with a recognised electronic signature.

What penalty can be imposed for non-compliance with the obligation to report changes

up to CZK 50 000 if he fails to comply with the obligation laid down in Section 68(c) or (d) of the Act (Section 155 of the Act),
from CZK 10 000 to CZK 70 000 if he fails to comply with the obligation laid down in Section 68(c) or (d) of the Act repeatedly (Section 155 of the Act).

Failure to notify a change may also be assessed by the Office as a security risk within the meaning of Section 18(3) of the Act, which may result in failure to comply with an application for the issue of an Facility Security Clearance or in the invalidation of an existing Facility Security Clearance.

News

FAQ

What is a security clearance?
The public calls it a certificate for a certain level of classification. However, this is the very process of the so-called ‘security procedure’, in which the applicant’s compliance with the conditions for issuing an authentic instrument is verified.
If someone is to have access to classified information or to carry out sensitive activities, the NSA verifies security reliability and other statutory requirements.
How's it going? You will apply to the NSA for a certificate of a individual person (more here), or entrepreneurs (more here). If applicable, proof of safety capability (more here). We will then start the process of security management (security clearance).
During this process, we will collect, for example, the following information: Your personal data, past and present employment, financial and property relations, family and social relations or criminal history.
How long does it take?
The statutory time limit for issuing a decision of the NSA in proceedings for issuing a certificate of a natural person is for the degree:

Confidential - 2 months,

Secret - 6 months,

Top secret - 9 months.

The statutory time limit for issuing the decision of the NSA in the procedure for issuing the certificate of the entrepreneur is for the degree:

Confidential - 6 months,

Secret - 8 months,

Top secret - 10 months.

The legal deadline for issuing a decision of the NSA in the procedure for issuing a security certificate is:

75 days.
Opinions on the protection of classified information
How and in what form should the appointment of the Security Director be notified to the National Security Authority?

The form of written notification of the establishment of the position of security director is not provided for by law. It is essential for the National Security Authority that the written notification of the appointment of the Security Director fulfils the requirements under Section 72(2) of Act No 412/2005 and is notified to the National Security Authority by a person authorised to act on behalf of a State authority, a legal person or a natural person engaged in business activity within 15 days of the date on which the position of Security Director was filled.
A written notification of the establishment of the position of Security Director may be delivered by delivery to the data box of the National Security Office (ID h93aayw) pursuant to Act No 300/2008 on electronic acts and authorised conversion of documents, as amended, or through the holder of a postal licence or a special postal licence, who is obliged under the postal contract pursuant to Act No 29/2000 on postal services and amending certain acts (the Postal Services Act), as amended, to deliver the document in a manner consistent with the requirements of this Act, or may be delivered in person to the registry office of the National Security Office, which is located at Na Popelce 2/16 Prague 5.
Information on delivery by electronic communication can be found here.

If a natural person has obtained a position where he/she will only have access to classified information at the end of the calendar year, is he/she also required to attend training in the same year?

Yes, it is the duty of the responsible person to provide training once a year to natural persons who have access to classified information (Section 67(1)(c)). The term "once a year" is interpreted within one calendar year, so if a natural person starts to have access in a particular calendar year, they must also be trained in that year.

Can a natural person who has fulfilled the conditions for access to restricted classified information have access to EU (RESTREINT UE) and NATO (NATO RESTRICTED) classified documents?

A person who qualifies for access to restricted classified information shall not automatically have access to RESTRIEINT UE or NATO RESTRICTED documents, but may be granted access where such access is strictly necessary for the performance of his function, work or other activity (need to know). In addition, the instruction shall state that the natural person has been familiarised with NATO and EU regulations.
According to Section 69(1)(b) of the Act, it is the duty of a state body, a legal entity and a natural person engaged in business activities to process and maintain an overview of places or functions where it is necessary to have access to classified information, including classified information of the European Union and the North Atlantic Treaty Organisation.

Must NATO-dedicated classified information be transmitted via the register of classified information provided?

No, according to Section 79 of the Act, only Confidential, Secret and Top Secret classifications are recorded and stored in the registers of classified information provided in international (i.e. also NATO) relations, not Reserved.

Can a company holding a certificate use the NBÚ logo on its documents?

No, the NBÚ graphic logo is registered as a trademark under Act No. 441/2003 Coll., on Trademarks, and is registered in the Register of Trademarks maintained by the Industrial Property Office. The use of the logo would be a use of a trade mark for which the NSA does not give consent to other entities, as it is intended exclusively for use on official documents of the NSA. Only text informing that the company holds the relevant NBÚ certificate can be used, but without a graphic representation of the NBÚ logo.

TOO LONG Who instructs the director of the company if he is the responsible person and the security director, has a valid certificate of a natural person, but is not informed and there is no person in the company who meets the conditions for access to cla

The director of a company may be instructed by a person who, for example, is an employee of the company without fulfilling the conditions for access to classified information or without holding a notice or certificate. This is the person entrusted with this task by the responsible person, i.e. the manager himself.

What legal form should the establishment and occupation of the position of Security Director (entrustment, appointment, change of employment contract, etc.) take if the company is a limited liability company?

The law does not provide for the legal form of the establishment or occupation of the position of Security Director, as this is the responsibility of each specific entity that establishes and occupies the position of Security Director. It is up to the responsible person to decide on the form in which the position of Security Director is to be established and filled.
From the point of view of the law, it is essential that, if the person responsible does not carry out the duties of security director himself, the security director must be placed under his direct authority. The law also does not stipulate that the function of security director must be performed exclusively independently and may be performed in combination with the performance of other work, but may not be performed simultaneously by several state authorities or entrepreneurs.

Is it always necessary to classify information inferior to the item listed in the Annex to Government Regulation No 440/2024 on the catalogue of areas of classified information?

When classifying information, it is always necessary to assess whether all the characteristics of the classified information, both formal and material, are present. Pursuant to Section 4(1) of Act No 412/2005 on the protection of classified information and on security suitability, as amended, the relevant classification level refers to information the disclosure or misuse of which may harm the interest of the Czech Republic or be disadvantageous to the interest of the Czech Republic (material feature of classified information) and which can be classified under an item listed in the catalogue of areas of classified information in accordance with the Annex to the Government Regulation (formal feature of classified information). When marking the classification level, it is not sufficient to simply classify the information under one of the items in the catalogue, but it is always necessary to take into account any harm to the interest or disadvantage to the interest of the Czech Republic that could arise from the disclosure of the information to an unauthorized person or its misuse.

What are the Office's office hours during a state of emergency?

Office hours during the state of emergency are Monday 8:00-13:00 and Wednesday 8:00-13:00.

Can the Secretary of the Municipality, as the responsible person, issue a notice for access to classified information at the level reserved also to the mayor and deputy mayor, or must this verification be carried out by the NSA?

Yes, I did. In the case of towns and villages, the responsible person is the secretary of their office or, failing that, the mayor. Within a city or municipality, the Secretary of the Office is responsible to all authorities, including the mayor and deputy mayor. Therefore, as the responsible person or person designated by him/her, he/she may verify the conditions for access to restricted classified information and issue a notice to the mayor and deputy mayor.

If a new natural person’s certificate is issued, must the person be informed again?

Yes, the validity of the previous instruction cannot be understood as continuous (Section 11(4) of the Act).

Is there a database of translators or interpreters who hold a natural person’s certificate for the purpose of translating or interpreting classified documents?

No, it doesn't exist. The NSA is not legally entitled to maintain such a database.

On the basis of which provision of the law can the responsible person delegate the function of security director to someone else?

In order to ensure and fulfil the obligations within the scope of the Act, the responsible person may establish the function of Security Director pursuant to Section 71(1) of the Act, otherwise he/she also performs this function himself/herself and thus performs all the tasks required by the Act in the area of protection of classified information and security capability from the State authority, the responsible person and the Security Director.
The Security Director is the executive body of the responsible person in the field of the protection of classified information and the responsible person may entrust him in writing with the provision and performance of duties within the scope of the Act and in accordance with the provisions of Section 71(3) of the Act.

Is it necessary to report the resignation of an employee who, together with the function, was included in the list of names and functions of employees who have access to classified information?

Pursuant to Section 66(1)(d) of the Act, an employee who has resigned from a position in which he or she has been granted access to classified information is obliged to notify the NSA without delay of a change in the data contained in his or her application by a natural person. His employer is not obliged to report that this person has been removed from the list of persons who have access to classified information.

If classified information of the level Reserved between the Czech Republic and EU Member States is released, is it released via the central register or is it released directly (via the department register) to the EU institution?

The Act does not require the provision of classified information classified as Reserved in International Relations through its own registry or central registry or the registry of the Ministry of Foreign Affairs, as it provides classified information classified as Top Secret, Secret or Confidential.

Can Classified Information Reserved be carried by a non-notified or certified courier?

Decree No 275/2022 on administrative security and registers of classified information, as amended, addresses this issue in Section 23(4): ‘In the case of a consignment classified as Reserved, the courier shall present to the sender a valid notification pursuant to Section 6 of the Act, a certificate of a natural person pursuant to Section 54 of the Act or a document pursuant to Section 85 of the Act; if the courier is a person referred to in Section 58a(1) of the Act, the courier shall be accompanied by an instruction and, if issued, a service card.’
It therefore follows that restricted classified information cannot be transported by a courier who does not have a valid notification or does not hold a natural person’s certificate, with the exception of persons referred to in Section 58a(1) of the Act who provide information (and, where applicable, a service card).
Industrial security - Declaration by the entrepreneur
Where can I get a model statement from an entrepreneur?

To what extent do we have to keep the security documentation of the entrepreneur? In which areas?

What do we have to do after the declaration is issued?

If I hold an Confidential facility security clearance for the sole purpose of ‘introducing myself to classified information’ (access pursuant to Section 20(1)(b) of the Act) and I am creating or being provided with restricted classified information, can I make a declaration by the Entrepreneur?

Does the entrepreneur’s declaration lapse with the issue of the facility security clearance even if the entrepreneur’s declaration was made for the full form of access to classified information (Section 20(1)(a) of the Act) and the facility security clearance was issued for the sole purpose of ‘introducing classified information’ (access under Section 20(1)(b) of the Act)?

What and when, as an entrepreneur who has made a declaration of an entrepreneur, do I have to report to the Office?

What does it mean to provide the security documentation of the entrepreneur to the provider, how will it be implemented in practice?

How many declarations can an entrepreneur make?

Personnel security

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.

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.

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. What can I imagine underneath that?

This is, for example, a loan from your employer, the municipality. The provision of this information is newly required from 1.1.2026.

I'll apply for a Certificate of Confidentiality. 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 certificate is no longer documented.

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.

How long can the Entrepreneur retain the documents for notification to the Reserved?

Act No. 412/2005 Coll. deals with the issue of the longest possible retention period of documents, notices, instructions, which lead the entrepreneur to notify the Reserved (this area is not regulated for entrepreneurs by Act No. 499/2004 Coll., on Archives and Records Service and on Amendments to Certain Acts, as amended). From a practical point of view, it is advisable for the entrepreneur to specify for the above-mentioned documents the period for which he will keep them, and after this period he will be able to proceed with their destruction. It is conceivable that, for example, within the framework of state supervision carried out by the Office, it will be ascertained whether or not any of the employees of the entrepreneur had access to classified information classified at the level of the Reserved classification and if he was the holder of the notification (the question of the legitimacy of access by a specific person could also be addressed, for example, by administrative punishment or in criminal proceedings, where the said documents will be in the nature of documentary evidence). In any case, documents, notices and instructions for access to classified information classified at the reserved level should be kept for the period of their validity, i.e. unless the notice ceases to be valid pursuant to Section 9(3) of the Act. In the event that the validity of the notification expires, a copy of the notification, instructions and supporting documents for verifying compliance with the conditions under Section 6(2)(a) and (c) of the Act keep for a maximum of 5 years from the date of expiry of the notification (§ 9 dst. 2 of the law).

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 statutory conditions for access to classified information. 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 whether this state of health cannot pose a security risk and affect the security reliability of the 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 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. 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.

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 Office, 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 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 may be submitted in person after ordering at the Office's registered office, tel. no. 257283225, 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.

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.

I want to apply for a Secret Certificate. What do I need to prove?

1. the application for the issue of a certificate,

2. justification of the need for access to classified information to be filled in 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 certificate can be found here

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

I changed my last name, what should I do?

If there has been a change of surname after 1.1.2025, you do not take any action in relation to the issuance of a new certificate of a natural person. As soon as the Office receives 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.

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.

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 required 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 a certificate, you will document business income 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 a certificate, you will provide proof of business income with statements of account or invoices (income documents) and at the same time you will inform in writing which flat-rate scheme you are in.

When the "NATO Certificate" expires

1. the expiration of the period of validity of the certificate of a natural person, the expiration of the period of validity of the "NATO certificate",

2. death of a natural person,

3. the revocation of the certificate of a natural person on the basis of which the "NATO certificate" was issued (the date of enforceability of the decision of the Office revoking the validity of this certificate of a natural person, i.e. the delivery of this decision);

4. reporting the theft or loss of a "NATO certificate";

5. reporting damage to the "NATO certificate" (resulting in illegibility of data, breach of integrity),

6. the expiration of the validity of the certificate of a natural person due to the establishment of the service relationship of a member of the intelligence service, the transfer of a member of the security corps to a service position in the Security Information Service or the Office for Foreign Relations and Information, the service assignment of a soldier to a service position in the Military Intelligence, the establishment of the employment relationship of an employee assigned to the intelligence service, or the date on which the natural person becomes a person referred to in Section 141(1) of the Act (this is a certificate issued by the Office);

7. the termination of the validity of a certificate of a natural person due to the termination of the service relationship of an intelligence officer, the transfer of a member of the Security Information Service or the Office for Foreign Relations and Information to a service position in another security corps, the service assignment of a member of Military Intelligence to a service position outside this intelligence service, or the termination of the basic employment relationship of an employee assigned to an intelligence service, in the case of a certificate of a natural person, issued by the relevant intelligence service, and the date on which a natural person ceases to be a natural person referred to in Section 141(1) of the Act, in the case of a certificate of a natural person issued by the Ministry of the Interior;

8. returning the natural person's certificate or 'NATO certificate' to the person who issued it;

9. the date of delivery of the new certificate of the natural person,

10. the expiration of the validity of the certificate of a natural person due to loss, theft or damage, and only if the natural person has not applied within the statutory 15-day period for the issue of a new certificate of a natural person.

The validity of the "NATO certificate" does not expire by changing the data contained therein. In the event of a change in the information contained in the "NATO certificate", the Office itself shall issue a new "NATO certificate" without delay. Access to classified information of a foreign power shall not be affected until the delivery of the new certificate of the natural person.

In cases of expiration of the validity of the "NATO certificate" according to points 3, 5, 6, 7, 9. the holder is obliged to return the "NATO certificate" to the person who issued it within 15 days (Section 57(11) of the Act). The holder of a "NATO certificate" is obliged to return the "NATO certificate" to the person who issued it within 15 days also, if he returns the certificate of the natural person for whom the "NATO certificate" was issued.

In the event of theft, loss or damage of a "NATO certificate", its holder is obliged to immediately report this fact to the Office (Section 66(1)(c) of the Act).

In cases of expiration of the validity of the "NATO certificate" referred to in point 4 and 5. on the basis of a written request made in free form within 15 days from the date of expiration of the validity of the "NATO certificate", the Office shall issue a new "NATO certificate" within 5 days. If the written application is not submitted and the Office does not issue a new "NATO certificate", the natural person is not considered to be the holder of a "NATO certificate". In the event of the expiration of the validity of the "NATO certificate" referred to in point 7. on the basis of a written request, the model of which is set out in Annex 7 to Decree No 300/2024 on personnel security and security capability, the Office shall issue a new "NATO certificate" - the model of the request here. If the written application is not submitted and the Office does not issue a new "NATO certificate", the natural person is not considered to be the holder of a "NATO certificate".

When does the certificate expire?

1. the expiry of the period of validity of the certificate of a natural person, the death of a natural person or if declared dead,

2. the revocation of the validity of the certificate of a natural person (the date of enforcement of the decision of the Office revoking its validity, i.e. the delivery of this decision),

3. by reporting the theft or loss of a natural person's certificate,

4. by reporting damage to the certificate of a natural person (resulting in illegibility of data, breach of integrity),

5. the establishment of the service relationship of a member of the intelligence service, the transfer of a member of the security corps to a service position in the Security Information Service or the Office for Foreign Relations and Information, the service assignment of a soldier to a service position in the Military Intelligence, the establishment of the employment relationship of an employee assigned to the intelligence service, or the date on which a natural person becomes a person referred to in Section 141(1) of the Act, in the case of a certificate of a natural person issued by the Office,

6. termination of service of a member of the intelligence service, transfer of a member of the Security Information Service or the Office for Foreign Relations and Information to a service position in another security corps, assignment of a member of the Military Intelligence to a service position outside this intelligence service, or termination of the basic employment relationship of an employee assigned to the intelligence service, if the certificate of a natural person has been issued by the relevant intelligence service,

7th day on which a natural person ceases to be a person referred to in Section 141(1) of the Act, if the certificate of the natural person has been issued by the Ministry of the Interior,

8. by returning the natural person’s certificate to the person who issued it;

9. the date of delivery of the new certificate of the natural person.

The certificate of a natural person shall not cease to be valid by changing the particulars contained therein. In the event of a change in data (e.g. surname), the Office itself shall issue a new certificate of a natural person without delay. Access to classified information shall not be affected until a new individual certificate has been received.

In cases of expiration of the validity of the certificate of a natural person pursuant to points 2, 4 to 9 its holder is obliged to return the natural person’s certificate within 15 days to the person who issued it (Section 66(1)(b) of the Act).

In the event that the certificate of a natural person referred to in point 1 expires, the certificate shall not be returned by its holder.

If the holder of a natural person’s certificate is requested to issue a new certificate pursuant to Section 94(3) of the Act and the procedure for such an application is affected by the declaration of a state of crisis for the entire territory of the Czech Republic, he or she may have access to classified information even after the expiry of the certificate in his or her possession due to its expiry (point 1), until the Office decides on his or her new application, but no longer than 12 months after its expiry. In this case, the Office shall not issue a certificate replacing the original or any other attestation. An up-to-date overview of the certificates that fulfil these conditions and can therefore continue to give access to classified information is available here

In the event of theft, loss or damage of a natural person’s certificate, its holder is obliged to report this fact without delay (Section 66(1)(c) of the Act).

In cases of expiration of the validity of the certificate of a natural person pursuant to point 3., 4. the Office shall issue, on the basis of a written request made in free form, within 5 days of receipt of the request, a new certificate of the natural person (Section 56(4) of the Act). This application must be submitted within 15 days from the date of expiry of the natural person’s certificate. Access to classified information shall not be affected.

In cases of expiry of the certificate of a natural person referred to in point 6 and 7. the Office shall issue, on the basis of a written request made in free form, within 5 days of receipt of the request, a new certificate of the natural person (Section 56a(2)(c) of the Act). Such an application shall be made within 30 days of the date of expiry of the natural person’s certificate.

The certificate of a natural person shall not expire in any other way than the above, i.e. it shall not expire, for example, upon termination of the employment/service relationship (with the exception of point 6).

What is the validity of the reserved notification and when does it expire?

Period of validity of the Notification on Dedicated is not limited in time that the person who issued the notice has Obligation to verify every 5 years in the case of a natural person, again the conditions after his extradition (or, in case of reasonable doubt, even before the expiry of this period).

Validity of the reserved notification expires:

1. by serving notice of non-fulfilment of the conditions of good repute or legal capacity,

2. 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,

3. the establishment of a service relationship or an employment, membership or similar relationship in which a natural person is to be granted access to classified information, if the notice has been issued by the Office or the so-called provider of classified information,

4. the death of a natural person,

5. by reporting its theft, loss,

6. by reporting damage resulting in the illegibility of the entries in the notice or a breach of its integrity,

7. the delivery of the notification of non-compliance with the obligation to submit up-to-date documents to verify the conditions for its issuance (documents to verify integrity and legal capacity),

8. by returning the notification to the person who issued it and, if it is not, to the Office,

9. the fifteenth day from the date of delivery of the certificate of the natural person or document, or

10. a change in any of the data contained in it.

What are the rules for learning?

The natural person shall be informed at the latest before the first access to the classified information a certain degree of awareness of their responsibilities for handling and handling classified information and of legal standards in the field – model of instruction; here

The instruction is always signed by the person who made it (usually Responsible person or a person designated by it) and a natural person. For the RESTRICTED level, it is made in two copies, one of which is handed over to a natural person and one is stored by the person who carried out the instruction in a place designated for the storage of these documents within the meaning of Section 68(1) of Act No 499/2004 on archiving and filing services and amending certain acts. For the CONFIDENTIAL, SECRET and TOP SECRET grades, the instruction shall be drawn up in three copies. One shall be handed over to the natural person, one shall be deposited by the person who carried out the instruction in a place reserved for the storage of such documents and a copy shall be sent to the Office. A copy of the information may also be sent to the Office electronically.

The validity of the instruction ends with the expiration of its validity notifications on the fulfilment of the conditions for access to classified information, document or Certificate of natural person and also 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, i.e. in cases where a new service relationship or employment, membership or similar relationship subsequently arises, it is the duty of the responsible person or the person designated by him to inform the natural person again.

If a natural person holds a valid national certificate of a natural person and the responsible person knows that the natural person will also have to hold a 'NATO certificate', the responsible person may instruct the natural person and tick in the instruction that the natural person has been acquainted with NATO regulations without the natural person already being a holder of a valid 'NATO certificate', thereby fulfilling, within a single instruction, the obligation laid down both for access to national classified information and for access to NATO classified information. In this case, the instruction shall indicate the number of the national certificate of the natural person. As part of the lessons learned, you can get acquainted at the same time with all legislation in the field of classified information, i.e., with the regulations of NATO, the EU.

If a natural person holds a valid national certificate of a natural person and is briefed, and subsequently a "NATO certificate" is issued to the natural person, the natural person must be re-instructed, stating in the instruction the number of the "NATO certificate" and ticking 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 is no longer acquainted with them again.

What rules apply to special access to classified information under Section 58 of the Act?

They have classified information without a valid Certificate of natural person a lesson access by the President of the Republic, deputies and senators of Parliament, members of the Government, the Ombudsman and his deputy, judges and members of the Supreme Audit Office, including the President and the Vice-President. Such persons shall have access from the date of their election or appointment for the entire duration of their duties and to the extent necessary for the performance of those duties.

Within the framework of criminal proceedings, civil court proceedings, administrative proceedings and administrative court proceedings, persons without a valid Certificate of natural person granted access to classified information for the purpose of exercising their rights and fulfilling their obligations in these proceedings. The conditions and the list of persons concerned by such a possibility are laid down in the Code of Criminal Procedure, the Code of Civil Procedure, the Code of Administrative Procedure and the Code of Administrative Procedure. Access to classified information it is also possible in these cases on the basis of instructions, which must include the file reference of the subject matter of the proceedings and instructions that data on persons with special access are registered by the Office. The information shall be provided by the person for whom the Code of Criminal Procedure, the Code of Civil Procedure, the Code of Administrative Procedure or the Code of Administrative Procedure so provides, and shall be signed by the natural person at the same time. Model of instruction: here

In pre-trial proceedings, one of the stages of criminal proceedings, the instruction of the persons referred to in Section 51b(1) of the Code of Criminal Procedure shall be carried out by the police authority or the public prosecutor and, in proceedings before the court, by the presiding judge. According to a well-established theoretical interpretation of Section 51b(1) of the Code of Criminal Procedure, that person is also a juror in court (another person who must participate in criminal proceedings). A copy of the instruction shall be sent by the person who carried out the instruction no later than 30 days from the date of the instruction to the Office.

A natural person acting for the benefit of an intelligence service, an informant or a natural person who is granted special or short-term protection under a special regulation, or an intelligence officer who is placed in a special reserve or assigned to a special disposition, may be granted access to classified information without a valid certificate from the natural person. The instruction shall be given by the person who allows access to the classified information.

The persons referred to in paragraphs 1, 2, 3 and 4 shall not have access to NATO classified information, with the exception of the President of the Republic, Members and Senators of Parliament, members of the Government and judges dealing with classified information of a foreign power, who shall be informed, prior to first access to classified information of a foreign power, of their rights and obligations with regard to the protection of classified information of a foreign power. In criminal proceedings, jurors adjudicating in cases where classified information of a foreign power is handled, the accused, the person involved, the injured party, their legal representative, guardian, agent, confidant, lawyer, expert and interpreter shall also have access to classified information of a foreign power, subject to the prior consent of the foreign power, to the extent necessary for the exercise of their rights and the fulfilment of their obligations in such proceedings. Prior to first access to classified information of a foreign power in proceedings, the persons referred to in the previous sentence shall be informed of the rights and obligations in the field of protection of classified information of a foreign power. The instruction shall be given in the pre-trial proceedings by the police authority or the public prosecutor and in the proceedings before the court by the President of the Chamber. The instruction shall be signed by the natural person and by the person who carried out the instruction; the person who carried out the instruction shall forward one copy of the instruction to the natural person, enter one copy in the file and send a copy to the Office; a copy of the instructions may also be sent to the Office electronically.

What rules apply to access to classified information under Sections 58a, 58b, 58c of the Act?

Section 58a of the Act

Persons having access to classified information at security level Reserved without valid notification for the duration of the service or employment relationship and to the extent necessary for its performance shall be:

a) members of the security forces,

b) civil servants,

c) Soldiers in active service a

d) prosecutors,

if they 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 summary pursuant to Section 69(1)(b) of the Act.

Section 9(1) shall apply mutatis mutandis to the instruction of such persons.

In the event of termination of the service or employment relationship or in the event of a change in the service office of these persons, the natural person shall be deemed not to have been informed and, if he or she had access to classified information, it shall be further proceeded in accordance with Section 11a of the Act, i.e. the person shall be obliged to confirm in writing that he or she is aware of the obligation to keep confidential the classified information to which he or she had access and not to grant access to it to an unauthorised person. The responsible person is obliged to ensure that this action is carried out.

Section 58b of the Act

Intelligence may grant access to classified information to a natural person who does not hold a natural person's certificate or does not have access to restricted classified information where this is necessary for the performance of an obligation imposed on that natural person by another law or in the context of intelligence operations.

In the case of access to classified information, the procedure laid down in Section 60(2) to (6) of the Act similarly.

Section 58c of the Act

Police may allow access to classified information to a natural person who does not hold a natural person's certificate or does not have access to restricted classified information, if this is necessary for the performance of an obligation imposed on that natural person by another legal regulation in connection with the performance of police tasks in the field of providing special protection and assistance, short-term protection, ensuring the security of protected objects and premises and designated persons and carrying out surveillance of persons and objects. The procedure shall not apply in the case of access to classified information of a foreign power and classified information classified at the level Top Secret.

In the case of access to classified information under the procedure referred to in Section 60(2) to (5) of the Act Similarly, written records and instructions shall not be sent to the Office, but shall be deposited with the police.

What rules apply to the recognition of a security authorisation issued by an authority of a foreign power?

At the request of the security authorisation holder, the Office shall recognise the foreign security authorisation. An application may also be made through an office of a foreign power competent for the protection of classified information. These are cases where this is allowed by an international treaty by which the Czech Republic is bound, or where recognition is in accordance with the Czech Republic's foreign policy and security interests. There is no legal right to such recognition. The application shall be accompanied by an official translation of the security authorisation or a certified copy thereof; such documents shall not be required where the application is made through an office of a foreign power competent for the protection of classified information, provided that the latter confirms on the application that the applicant is in possession of the relevant security authorisation. The application shall also state the reason why recognition is to be given and the period for which recognition is to be given. Model application - here

If a security authorisation is recognised, Responsible person carry out the instruction of the natural person. Model of instruction: here

More information on recognition can be found here

What rules apply to consent to one-time access to classified information?

The Office may, in exceptional and justified cases, grant one-off access to classified information at a level higher than that for which a valid natural person certificate is issued, but for a maximum period of 6 months; one-off access shall not be granted to TOP SECRET classified information. One-off access may therefore be granted only for access to classified information classified SECRET.

The request for one-time access is always in writing, it is signed by Responsible person and includes a justification for the need for a one-off approach, an indication of the area classified information, to which access is to be granted and the required one-time access time. A copy must be attached to the application Certificate of natural person. The same person can only be given consent once and is not legally entitled to it. If this is the case, the consent is given within 5 days at the latest.

If consent is given, Responsible person carry out the instruction of the natural person. Model of instruction: here

One-time access to NATO classified information may only be granted in accordance with NATO requirements.

What rules apply to consent to access to classified information under Section 59a of the Act?

On the basis of a written request from the person responsible, the Office may, in exceptional and justified cases, grant consent for access to classified information up to two times higher than that for which a valid certificate of a natural person is issued, namely a person serving in a police authority, a public prosecutor acting as a law enforcement authority or a public prosecutor performing tasks in criminal proceedings under another legal regulation, unless the person concerned is subject to proceedings for revocation of the certificate of a natural person. The application for a person working for a police authority must be accompanied by the consent of the public prosecutor, who supervises the observance of legality in the pre-trial proceedings, and in the case of classified information classified as Top Secret, it must also be accompanied by the consent of the chief public prosecutor of the closest higher public prosecutor’s office. The request to the public prosecutor in the case of classified information classified at the level Top Secret must be accompanied by the concurring opinion of the head of the public prosecutor’s office closest to the higher public prosecutor’s office, with the exception of the public prosecutor working at the Supreme Public Prosecutor’s Office.

The request referred to in paragraph 1 shall include:

a) justification of access,

an indication of the classified information to which access consent is to be given;

c) file reference of the case, which is the subject of criminal proceedings, and

a copy of the certificate of the natural person to whom consent is to be given.

The Office shall give its consent without delay, no later than within 5 days from the date of delivery of the request, and only for the period necessary for the participation of a natural person in criminal proceedings.

The person responsible or a person authorised by him/her shall instruct the natural person and ensure that a written record of his/her instruction is entered in the criminal file and that a copy of the instruction is sent to the Office within 30 days of the date of the instruction; a copy of the instructions may also be sent to the Office electronically. Consent shall expire on the day following the day on which the natural person’s participation in criminal proceedings ceased, but no later than the date on which the natural person’s certificate ceased to be valid pursuant to Section 56(1) of the Act.

The consent referred to in paragraph 1 may be given to classified information of a foreign power only in accordance with the requirements of that foreign power.

What rules apply to access to classified information under Section 60 of the Act?

1. Introduction and basic definitions

Exceptional access to classified information pursuant to Section 60 of the Act No 412/2005 Coll., on the protection of classified information and on security capacity, as amended (‘the Act’), is a tool enabling, in well-defined and exceptional situations, the disclosure of classified information also to natural persons or entrepreneurs who do not hold the appropriate authorisation depending on the classification level of classified information (notifications, certificates). This procedure is intended only for cases where it is necessary to deal quickly and effectively with emergency situations in the interest of the Czech Republic.

Applications Section 60 of the Act in no way replaces the set system and does not deviate from the set principles and general rules for the protection of classified information. Thus, the Institute of Extraordinary Access to Classified Information under Section 60 of the Act does not serve to replace the general obligations of an entity allowing extraordinary access to classified information under Section 60 of the Act to create conditions for handling classified information, to maintain and establish a list of places and functions where access to AI is necessary, including those where access to AI of a foreign power is strictly necessary. Similarly, it is the duty to ensure the protection of classified information through specific types of ensuring the protection of classified information, depending on how classified information is handled.

2. Conditions for the application of emergency access

2.1 Existence of exceptional circumstances

Exceptional access may only be granted in emergency situations foreseen by law:

1. Period of growing international tensions (graduating international crises, including hybrid activities, intense campaigns by state actors, etc.),

2. Participation of the Czech Republic in armed conflict abroad (but not peacekeeping or observation missions)

3. Rescue or humanitarian operations abroad (in particular under the responsibility of the Ministry of the Interior and the Ministry of Foreign Affairs);

4. Declared state of war, state of danger, state of emergency and state of danger,

5. State of cyber danger.

Provisions Section 60 of the Act set out exhaustively the emergency situations in which classified information may be provided to a person who does not have access to classified information under the law, subject to the conditions laid down. This closed list cannot be extended by interpretation. The case of a period of rising international tensions, which we can possibly identify even now, must also be accompanied by certain limits. Specifically, a natural person or an entrepreneur may be provided with classified information under Section 60 of the Act if he/she performs tasks in a period of increasing international tension (e.g. CMX exercises), but it is primarily necessary to set up a management system so that natural persons or entrepreneurs who meet the conditions for accessing classified information under the Act are used to perform such a task. Paragraph 60 can therefore be applied only as an ultima ratio.

Access to classified information may be Section 60 of the Act grant only under cumulatively fulfilled conditions:

1. we are in a period of increasing international tensions or in another emergency situation listed in section 60 of the Act,

2. natural persons or entrepreneurs who have access to classified information on the basis of notices or certificates shall not be primarily involved in the performance of the tasks;

3. access is granted to a natural person or entrepreneur performing tasks related to these extraordinary situations.

2.2 Special status of the entity

Exceptional access may only be granted to a natural person or an entrepreneur who, in a given situation, carries out specific activities necessary to safeguard the key interests of the State.

Typically, these are natural persons or entrepreneurs whose involvement is irreplaceable at a given place and time and without their participation the performance of specific tasks would be jeopardised or rendered impossible.

Individuals need to be assessed for credibility and confidentiality – basic security screening is carried out, e.g. through references or personal knowledge.

3. Procedure for granting emergency access

The provider of classified information will, as a rule, be an authority of the State in the context of an emergency situation foreseen by Section 60 of the Act. As in other situations in normal operation, the tasks of a State authority are carried out by individual natural persons who do so on the basis that they are its employees or on the basis of predetermined roles, but the provider is always a given State authority (region, ministry, etc. see Section 2(d) of the Act).

Access to classified information shall be granted to a natural person to whom the classified document concerned has been assigned in the course of his or her professional activities. While such a person may also carry out screening, this is not a necessity, it may also be carried out by another person from the competent authority of the State. It is not so important who from the national authority will carry out the screening, but how it will be carried out – so that the available resources are used at a given time and place by the means available to the national authority.

However, the final decision to grant access to classified information pursuant to Section 60 of the Act cannot depend on the subjective opinion of one natural person. A natural person who effectively grants access to classified information shall do so in accordance with a decision of an authority of the State as such. The parallel is also given by the current functioning of the State authority in areas other than the protection of classified information, which is also not based on the arbitrary and subjective discretion of each member of staff, regardless of their function or assignment.

Thus, it is not possible to determine strictly which person will be responsible for an individual act if it is necessary to ensure access to classified information under Section 60 of the Act, as the entity as a whole will always be responsible – thus it is not possible to identify a specific person who will be responsible for an individual act (each entity may have a different structure and management). The performance of tasks can be set up in a similar way as in the case of access to classified information in a standard situation, while the application of Section 60 of the Act only does not have to fulfil the condition of possession of a notice or certificate.

TEST OF PROPORCIONALITY

The decision to grant access to classified information pursuant to Section 60 of the Act must be preceded by a proportionality test!!!

If the risk and possible consequences (in the event that a natural person or an entrepreneur who does not hold a certificate would not be used for the performance of the task) clearly exceed (in addition to the risks and possible consequences that would arise if access were granted only to a natural person or an entrepreneur who has access to classified information on the basis of a certificate), then special access may be granted under Section 60 of the Act.

Of particular importance is the time aspect, which will be a decisive factor, as the operative will be crucial for such decisions in crisis situations.

3.1 Assessment of credibility

For natural persons, the provider of classified information must operationally verify credibility (e.g. references from the employer, personal knowledge, assurance from a trusted authority).

Where there is any doubt as to the credibility of a person, access to classified information shall not be granted.

For entrepreneurs, caution is recommended and, in case of doubt about the ability to ensure the protection of information, access should not be allowed.

As regards the scope of the screening carried out, the aim is certainly not to carry out a similar safety procedure. The aim is to verify, from available sources (including public ones) without significant time constraints, whether the entity is an entity for which there is no evident risk factor that could have an impact on the ability to conceal information. As mentioned above, screening does not have to be carried out by a person with access to classified information, but can be any designated natural person within a State authority.

The credibility of a person means, in particular, the absence of facts indicating that a person may benefit from extraordinary access to classified information for purposes other than those foreseen by law.

It is essential that the person who carries out the ‘security screening’ is not obliged to go through all public and non-public sources, to request an extract from the criminal record and to seek the assistance of other administrative authorities or other authorities in order to verify the absence of such facts. It is sufficient for access to be granted if, even after a thorough examination, it is not aware of them by the entity to which access is granted. Such verification may consist of personal knowledge of the examiner, i.e. personal knowledge of the employees working with the examined person, basic search of public resources (internet, insolvency register, business register, etc.), as well as a reference from the employer or a guarantee from a trustworthy authority. Where a State authority concludes, on the basis of the data obtained, that there is doubt as to the credibility and ability to conceal information, access to the classified information shall not be granted.

The person performing the ‘screening’ thus works, in particular, with personal knowledge, basic verification of publicly available sources, references from the employer, a guarantee from a trustworthy authority, etc., when assessing credibility.

In particular, a guarantee from a trusted authority is a confirmation from a person who has a certain qualified relationship with the person to be granted extraordinary access and who can assess their credibility. This includes, in particular, its employer, superior or official. The guarantee can be a confirmation that the person absent facts that would otherwise indicate its unreliability. At the same time, it must be an authority about which there is no doubt about credibility itself. The authority will therefore ensure that the person who is granted extraordinary access is eligible for such access, or that he or she does not have information about any fact that affects his or her credibility.

The Act treats as entrepreneurs a natural person doing business and a legal person whose main activity is doing business, see Section 15 of the Act for details. Where access to classified information pursuant to Section 60 of the Act is granted to an entrepreneur (i.e. within the meaning of Section 15 of the Act), access must also be granted, under the conditions laid down in that provision, to natural persons who will become acquainted with classified information within that entrepreneur. These will typically be employees performing tasks for entrepreneurs who are to be granted access under Section 60 of the Act. These natural persons must therefore be screened and instructed in accordance with Section 60 of the Act, as the entrepreneur will have access to classified information in real terms through his employees.

Although the law does not explicitly require this, the NSA only recommends screening also to examine entrepreneurs as such and thus exclude the existence of obvious doubts about ensuring the protection of classified information. Such screening is recommended to be carried out in a similar way as for natural persons, i.e. from available sources and available means at a given place and time. For entrepreneurs, it is recommended to carry out screening of some natural persons, especially those involved in the management of such entrepreneurs and acting on their behalf. At the same time, it will be necessary to examine a specific natural person who will acquaint himself/herself with classified information, if he/she will also be granted access under Section 60 of the Act, or he/she will no longer be the holder of a notification or certificate of a natural person.

3.2 Information and documentation

1. Before disclosing classified information, a natural person shall be instructed in accordance with the model of recommended instruction - here or according to the model of instruction referred to in Annex 3 to Decree No. 300/2024 Coll., on personnel security and safety competence.

2. The instruction shall be made in writing, in justified cases (e.g. the risk of delay) it may be replaced by oral acquaintance.

3. A dated written record containing essential circumstances, the identification of persons and classified information, or the fact that oral instruction has been given, shall be required of extraordinary access. The model of the written record is not laid down by law. For your possible use is a sample of the recommended written record - here.

4. As soon as circumstances permit, this record, together with the written instruction (unless only oral instruction has been given), must be sent to the NSA.

As a general rule, every time an individual has access to classified information, it is necessary to re-instruct the individual, draw up an access record and send it to the NSA. Each access to an individual ‘new’ classified information constitutes a new access within the meaning of Section 60 of the Act and must therefore be treated in accordance with the Act – that is to say, it must be instructed and recorded in writing and sent to the NSA. If it is a case of providing multiple classified information in the same case to the same individual or entrepreneur, then the alert can be combined for all such classified information (e.g. at the end of the CMX exercise), provided that access is not granted with a significant delay, as the alert should be sent to the NSA without delay.

3.3 Specifics for Entrepreneurs

For entrepreneurs, the responsible person is obliged to make a written record and deliver it to the NSA without delay.

4. Limitations and principles

1. Emergency access is not legally enforceable – it cannot be invoked and any refusal does not need to be justified.

2. The need to know principle also applies in these cases – access is granted only to the extent necessary and only to those who actually need it to perform a specific task.

3. Access pursuant to Section 60 to classified information classified at the level of Top Secret shall not be granted to an entrepreneur.

4. Access pursuant to Section 60 to classified information classified at the level Top Secret may be granted to a natural person only if he or she holds a valid certificate for access to classified information classified at the level Secret and is informed.

5. Access under Section 60 may not be granted to an entrepreneur to classified information subject to a special handling regime (e.g. KRYPTO, ATOMAL).

6. Under the approach under Section 60 of the Act, sensitive activities cannot be carried out.

7. The responsibility for the correctness and legality of the procedure lies with the person who allows access (typically a state authority).

5. Practical step-by-step procedure

Step	Description
1	Identification of the emergency situation (state of crisis, armed conflict, humanitarian action, etc.)
2	Assessment of the necessity of emergency access for a specific natural person/entrepreneur
3	Verification of the trustworthiness of a natural person (screening, references, personal knowledge)
4	Instruction of the natural person on obligations and consequences (in writing, exceptionally orally)
5	Drawing up a written record of emergency access (identification of persons, essential circumstances)
6	Immediate transmission of the record and instructions to the NSA (unless it is an intelligence service)
7	For entrepreneurs: obligatory written record and its sending to the NSA

6. Important comments and recommendations

Every case of extraordinary access shall be carefully documented and substantiated, including all steps leading to a decision to disclose classified information.

Access to classified information pursuant to Section 60 of the Act is exceptional and may not be misused for normal operational purposes.

Responsibility for the correctness of the procedure shall always lie with the authority granting access.

In case of doubt, we recommend consulting the NBÚ or the legal department of the competent authority.

Model of recommended written test for emergency access (natural person) - here

Model of recommended instruction for emergency access (natural person) - here

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.

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 Office. Only conversions pursuant to Act No 300/2008 may be used upon request (Section 23(1) of Act No 300/2008).

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.

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.

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 - frequency of ingestion in the past and in the present, types and quantities ingested, circumstances of ingestion, stays at an alcohol collection station, etc. If you do not drink alcohol at all, indicate e.g. 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.

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.

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 the Act, and the Office has an obligation in relation to the holder of the natural person’s certificate to notify the responsible person 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 forwards the document to the data box of the relevant 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

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:

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).

1. is a citizen of the Czech Republic who lives in a state that is not a member state of the EU or NATO,

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.

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:

1. 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.

2. 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.

3. 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.

4. 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 individual questionnaire contains the item ‘Property ratios’ and the second item of this item is ‘SJM’. In the case of the expression ‘Yes’, does the natural person also have to indicate in the following points income, financial liabilities, financial claims, immovable property 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:

1. 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 those 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).

2. 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?

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 a party to the proceedings seeks (e.g. annulment of a resolution of the Office to discontinue security proceedings for the issue of a certificate of a natural person);

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 Office 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 for serious reasons, you can apply to the Office for its remission within 15 days from the date on which 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 Office’s data box (Office 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 The Office.

How do I withdraw an application for a natural person’s certificate?

In such cases, it is necessary to send a written notification to the Office that you are withdrawing your application for a certificate. It is necessary to specify the person (name, surname, social security number or date of birth, place of residence), the application (issuance of a certificate of a natural person) and to 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, issue and send an order terminating the proceedings. After this resolution has become final, the Office will also send information about the discontinuation of the proceedings to your responsible person, who has confirmed to you the merits of the request for the issuance of a certificate of a natural person.

You can withdraw an application for the issuance of a natural person's certificate 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,

4. by post or by the holder of a special postal licence the address The Office.

I need a look at the security file. What do I have to do?

You have the right to consult before taking a decision on an application for a certificate 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 certificate becomes final. It can be consulted on the basis of a written request addressed to the Office, 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,

4. by post or by the holder of a special postal licence the address The Office.

The Office 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 Office building (Na Popelce 2/16, Prague 5 - Košíře). Before consulting, an employee of the Office will acquaint you with the possibility of making extracts from the volume or requesting copies from the volume for a fee. A written record of the inspection shall always be made.

Physical security
What documents should I send for the issuance of a certificate for technical means?

The requirements for the certification of a technical device are set out in Section 11 of Decree No 528/2005 on physical security and certification of technical means, as amended.

What elements of alarm systems are certified?

The subject of the certification of alarm systems are:
Alarm Alarm Systems (ESS) equipment: PMS control panels, detectors, perimetric detection systems;

access systems;

emergency systems.

Should we replace the originally supplied certificate with a new one if the product has been re-certified?

The original certificates are not replaced by new ones.
After the expiry of the certificate, technical means for protecting classified information may be used provided that they are fully operational. This shall be verified by a functional test carried out at least once a year.
In the case of mechanical means of restraint and equipment for physical destruction of information, the functional test shall be evidenced by a record signed by the operator of the object or a person authorised by him. For other technical means, the functional test shall be supported by a test report or record in the operations log. (see Chapter 11 of Annex 1 to Decree No 528/2005, as amended).

Can safety door scores be increased by replacing the safety insert and fittings?

Replacement of the locking system (minimum control of the lock or cylinder and building or safety fittings) is possible only if it does not interfere in any way with the design of the door or the design of individual parts of the locking system. In this case, the certificate of fittings and the certificate of cylinder are also documented as proof of the security door certification.

Can another entrepreneur's classified information be stored in a secure area?

It is not possible to store the classified information of another entrepreneur in a secure area.

Can an object be without a secure area?

The amendment to Act No 412/2005 on the protection of classified information and security suitability, as amended, makes it possible to designate an object without a secure area.

Must there be a grille in the Secured area of the Confidential category on the window sill below as much as 5.5 m above the terrain?

In the category Confidential on a window sill below 5,5 m above the ground, there need not be a grille, only if the area of the secured area is protected by certified electrical security signalling devices (EZS), the installation of which is of at least type 3 (SS92 = 3). The installation of the Type 3 electrical signalling system represents the realization of spatial protection, casing protection and emergency system. The protected area in this case is type 1 (SS3=1).

What does cloak protection cover a secure area?

The casing protection of the secured area includes, in particular, the installation of an opening detector (magnetic contact) on openable openings (doors, windows), possibly a glass splinter detector and a shock detector. The installation of a glass splinter detector is recommended if there is a window or glass filler in the border of the secure area, it also depends on the nature of the borders and the location of the secure area. The shock detector is used for a higher scoring of the level of installation of alarm systems. The total number of detectors installed depends on the number of holes and the segmentation of the area of the secured area.
Industrial security – Facility Security Clearance
As part of the security procedure, I communicate with the Office via a data box, is there any recommendation as to what should be included in the data message in the ‘Case’ field?

Our company needs to obtain a facility security clearance. What steps should be taken?

Does an application for a Facility Security Clearance have to be delivered to the Office in person?

Can a person who is not a member of the statutory body be the responsible person?

The responsible person of the entrepreneur in our company is a person outside the statutory body. Does this affect the validity of the Facility Security Clearance after the amendment of the Act?

We are holders of a valid Facility Security Clearance by 31.12.2024. What is the validity of this clearance?

The law introduces new provisions on the economic instability of the entrepreneur, which are associated with duration. Since when does this time count?

If we submit the first application for a Facility Security Clearance and do not pay the administrative fee, will proceedings be initiated on the entrepreneur's application?

Does the fee obligation change in relation to repeated applications from the entrepreneur?

As part of the application for the issue of a Facility Security Clearance, some documented documents may not be older than 60 days from the date of issue. At what date is this calculated?

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?

How can the administrative fee be paid?

If I hold a Confidential Facility Security Clearance for the sole purpose of ‘introducing myself to classified information’ (access pursuant to Section 20(1)(b) of the Act) and I am creating or being provided with restricted classified information, can I make a declaration by the Entrepreneur?

We are a holder of a Facility Security Clearance and have newly built a secure area of the restricted category. Do we have an obligation to send a Physical Security Project related to this Secured Area of the restricted category to the Office?

On what date will I, as the holder of a Facility Security Clearance, send the regular annual notification of changes pursuant to Section 68(d) of the Act?

How to correctly fill in point (i) of the entrepreneur’s questionnaire (Section 97(i) of the Act) – foreign business partners?

What must the security documentation of the entrepreneur contain?
Administrative security
Is it necessary to introduce new administrative aids with the entry into force of the new decree, or can those introduced by the end of 2022 be used? If older tools can be used, is there a need for any specific change or modification in their boxes?

The Decree provides, as part of the transitional provisions (Section 37(1)), that administrative aids drawn up in accordance with Annexes 1 to 7 to Decree No 529/2005 on administrative security and on registers of classified information, in the version in force before the date on which the Decree enters into force, may be used, provided that all the items laid down in the new Decree are added and maintained in the manner laid down in the new Decree.
The models of administrative aids set out in the annexes to the new decree contain, with the exception of the auxiliary negotiating protocol, where the headings of columns 1 and 16 have been amended, only minor changes compared to the previous legislation, which in other cases do not require additional adjustments to be made to the headings of individual items of administrative aids already in use. The amendment must therefore be made at least in the headings of columns 1 and 16 of the APC.
From the date of entry into force of the new decree (1. 1. 2023) administrative aids, including those introduced into use before that date, must be managed in accordance with the instructions set out in the annexes to the new decree.
The aim of the above-mentioned transitional provision is, on the one hand, to minimise the administrative burden on the entities concerned in connection with the amendment of the legislation and, on the other hand, to minimise the economic impact on the entities concerned by allowing them to continue to use administrative aids introduced into use before the entry into force of the new Decree, but also to exhaust any ‘stock’ of administrative aids acquired during the period of application of Decree No 529/2005.

What is the procedure for keeping records of certain classified documents in other administrative aids pursuant to the second sentence of Section 3(2) of Decree No 529/2005 prior to the entry into force of the new Decree?

The Decree states, under the transitional provisions (Section 37(2)), that a classified document which, until the entry into force of the new Decree, has been registered under another registration mark allocated from an administrative aid pursuant to the second sentence of Section 3(2) of Decree No 529/2005 does not have to be re-registered.
This means that a classified document may continue to be registered in this administrative tool until it is declassified or declassified. In the case of handing over, lending or moving a classified document, it will be recorded in administrative aids under another registration mark pursuant to Section 4(3) of Decree No 529/2005, under which it was registered. In accordance with the second sentence of Section 3(2) of Decree No 529/2005, all standard records, including any corrections, will be kept in the additional administrative aid in question until all classified documents registered in it are discarded.
From the date of entry into force of the new Decree, it is no longer possible to assign new registration marks from another administrative aid pursuant to the second sentence of Section 3(2) of Decree No 529/2005, so it is not possible to re-register any other classified document in it.
At the same time, please note that if a classified document in non-documentary form of the Confidential, Secret or Top Secret classification level to be sent is registered in another administrative aid pursuant to the second sentence of Section 3(2) of Decree No 529/2005, it must be re-registered in the negotiation protocol, unless it is a classified document of a foreign power. This is due to the fact that a non-documentary classified document must be accompanied by a movement document when it is transported (it will thus become an annex to the movement document – a paper-based classified document). However, this accompanying document could not be registered in another administrative aid under the second sentence of Section 3(2) of Decree No 529/2005 or under previous legislation (Section 12(1) of Decree No 529/2005).

Does the Security Director need a written authorisation from the responsible person to authenticate administrative aids pursuant to Section 4(1) of the Decree? Can the person in charge of the minutes authenticate the minutes?

The responsible person or a person authorised by him or her, or the security director or a person authorised by him or her, may sign the authentication of the administrative aid (tags at the end of the stitching and a clause on the number of sheets with the date of issue of the administrative aid for use) in accordance with Section 4(1) of the Decree. It is apparent from the wording of that provision of the Decree that the Security Director does not have to be authorised to authenticate the administrative aid.
The third sentence of Paragraph 4(1) of the Decree provides that the person in charge of the minutes cannot be authorised to sign the authentication of the minutes, with the sole exception that the minutes are kept by a person in charge who also performs the function of security director. As a rule, such a situation may occur for small entities where there is no other person available who could be in charge of either maintaining the negotiation protocol or signing it as part of its authentication (e.g. a natural person doing business).
In other cases where the minutes are kept by the responsible person or the Security Director, the authentication of the minutes may be signed either by the other person or it will be necessary for the responsible person or the Security Director, as the case may be, to authorise another person to sign the authentication of the minutes.
Authorisation for authentication must be in writing and must be retained until the relevant administrative aid is discarded (Section 4(1), last sentence, of the Decree).
The reason why the person in charge of the minutes is required not to be able to sign his/her own authentication is the increased requirements to ensure the protection of the minutes, as an administrative tool to record classified documents, against possible alteration of the records and other undesirable interferences. In the case of the above-mentioned exception under the third sentence of Paragraph 4(1), after the semicolon, this is the case where another person is not available to ensure that the conditions laid down are met.

Is it necessary to create a new checklist for a classified document if the classified document is re-registered under a new reference number within a single point of registration?

The checklist is, pursuant to Section 3(1)(f) of the Decree, an administrative tool intended for keeping an overview of persons who have become acquainted with the content of a classified document or file with a state authority, a legal person or a natural person doing business.
If a classified document is re-registered under a new reference number within a single point of registration, for example in a collection sheet or other negotiation protocol, a new checklist need not be created for that classified document. The new reference number shall be indicated on the existing checklist (see the model checklist set out in Annex 6 to the Decree).

Can a negotiation protocol be a clandestine administrative tool?

Negotiating protocols are generally non-classified administrative aids and therefore classified information should not be entered in them (except for intelligence-led negotiating protocols).
In the event that it is necessary to enter classified information in the negotiation protocol (e.g. the originator of the AI will be the intelligence service), it is possible, in addition to the non-classified negotiation protocol, to keep a specific negotiation protocol for this information only under the regime corresponding to the highest classification level of this information.
If classified information is entered ‘by mistake’ in an unclassified minutes, the minutes shall be classified according to the level of classification of the information entered. A record containing classified information must be marked with the appropriate classification level (in a manner similar to that referred to in the fourth and fifth sentences of Section 8(2) of Decree No 275/2022) and the negotiating protocol must also be treated as a classified document of the same classification level. Records of other classified documents kept in paper form in the minutes shall be kept:
kept in a new non-classified negotiating protocol – the reference number will follow the last reference number allocated from the previous negotiating protocol, a range of serial numbers will be entered in the pre-printed box above columns 1 to 2 of the negotiating protocol, starting with the sequence number following the last reference number from the previous negotiating protocol and ending with the sequence number from the last line on the page of the newly established non-classified negotiating protocol (e.g. 28-30), previous unused lines are crossed out (in this context, however, please note that if this situation is repeated, the record of classified documents may be kept in many negotiation protocols), or

continue with the original (already classified) negotiating protocol, with further classified information entered in it to be classified in the line where the record is entered.

The recording of classified documents in the electronic filing system will continue continuously and the procedure referred to in point (a) above may also be used in the electronic minutes of the meeting using another application, if technically possible.

Is a checklist also drawn up for a classified Confidential, Secret or Top Secret document delivered by mistake?

Under Paragraph 5(1) of the Decree, a checklist must be drawn up for a classified document classified as Confidential, Secret or Top Secret, or for a classified document of a foreign power classified as Confidential, Secret or Top Secret, or for a file containing classified documents classified as Confidential, Secret or Top Secret.
The checklist must therefore also be drawn up for a classified document classified as Confidential, Secret or Top Secret which has been delivered by mistake.

According to the new decree, the file and classified documents are registered in the collection sheet. In this case too, can checklists for individual classified documents recorded in the collection sheet be replaced by a file checklist?

Pursuant to Section 3(1)(g) of the Decree, the collection sheet is an administrative tool intended for the extension of the record of records in the negotiating protocol in the event of the registration of a larger number of classified documents relating to the same subject matter. The collection sheet shall be established after the registration of the initiating classified document in the minutes of the negotiations. At the same time, this initiating classified document shall be registered in the collection sheet under sequential number one. Other classified documents relating to the same subject matter shall subsequently be entered in the collection sheet in the order in which they arose or were delivered.
Under Paragraph 5(1) of the Decree, a checklist must be drawn up for a classified document classified as Confidential, Secret or Top Secret, or for a classified document of a foreign power classified as Confidential, Secret or Top Secret, or for a file containing classified documents classified as Confidential, Secret or Top Secret. The checklist of the file is useful if the individual is familiar with the whole file, because in this case the entry of the meeting in the checklist of the file replaces the entries in the checklists of individual classified documents.
A checklist shall be drawn up for the initiation of a classified document at the level Confidential, Secret or Top Secret. Inspection sheets must also be drawn up for all other classified documents that will be recorded in the collection sheet (according to Section 13(2) of the Decree, only classified documents of the same classification level may be recorded in the collection sheet), because until the collection sheet is closed, each of these classified documents will be handled separately and often differently and individual classified documents can thus be accessed by a different range of authorised persons.
After the collection sheet has been closed, pursuant to Section 13(4) of the Decree, it is always possible to manipulate only the entire file, which, at the time of closing the collection sheet, consists of stored classified documents registered in the collection sheet. It is highly advisable to draw up a file checklist after the collection sheet has been closed, otherwise the persons who will have access to the file would have to record acquaintance with the content of classified documents in all individual checklists of classified documents which form the file and to which they will therefore have access.
Theoretically, the creation of a file checklist before the collection sheet is closed is also not excluded. Given that, in most cases, it is necessary to handle individual classified documents separately, its management would be superfluous, except in very specific situations, since the entries in it would have to be made essentially in duplicate with the entries in the checklists of the individual classified documents composing the file.

What happens if, after opening the outer envelope of a consignment delivered by the postal licence holder, the addressee discovers that another addressee is indicated on the inner envelope of the consignment?

Where the consignee of a consignment delivered by the postal licence holder, after opening the outer envelope of that consignment, finds that another addressee is indicated on the inner envelope of the consignment, he shall register the consignment without opening the inner envelope, inserting the word ‘envelope’ in column 6 of the Rules of Procedure instead of indicating the number of sheets.
We recommend that the recipient immediately contact the sender in this matter. The consignor may send an authorised representative to the consignee to check the contents of the consignment. If the consignee confirms that the contents of the consignment were not intended for the consignee, or if the consignor does not address the situation in the manner indicated, the consignee shall proceed using Section 10(3) of the Decree and return the consignment to the consignor. It shall include in column 7 of the Rules of Procedure, for example, the words ‘Inadvertently delivered’, the words ‘Inadvertently delivered’ on the unopened inner envelope of the delivered consignment, the name and address of the consignee who inadvertently received the consignment, the date, first name, surname and signature of the person in charge of the Rules of Procedure.
Where more than one reference number appears on the inner envelope (the consignment contains more than one classified document), the record in the minutes shall be kept according to the highest classification level resulting from the abbreviation of the relevant classification level given in the reference number.
Due to the fact that the consignee does not open the inner envelope and there is no access to classified information (if the consignment was not intended for him, he does not fulfil one of the legal conditions for access to classified information – need-to-know), a checklist is not drawn up in this case.

What is considered the creation of a document? Is it a copy or approval by an employee with signature authority?

On a classified document, the originator is obliged to indicate, inter alia, the date of origin (Section 21(1) of the Act,
Section 14(1) and (4), Section 16(1) and Section 17(1) of the Decree). The date of origin shall also be indicated on the classified annexes to the classified document.
We consider the creation of a classified document to be the moment when the classified document is actually physically drawn up. In the case of a classified document or an annex in paper form, it shall be the moment when it is printed or ‘written’ by hand; in the case of a classified document or attachment in non-documentary form, e.g. storage medium, time of data entry, etc.; in the case of a classified document in electronic form created in the electronic file system, we consider the creation to be the insertion of the relevant classified file (components).

TOO LONG How to proceed with an unclosed collection sheet established before the issuance of a new decree? A change in the legal regulation will be reflected in the composition of the reference number of the classified document registered in this sheet af

Neither the new Decree nor Decree No 529/2005 lays down an obligation to close the collection sheet at the end of the calendar year, although this appears to be an appropriate procedure given the difference in the calendar year, which is part of the reference number to which the collection sheet is led, with the calendar year indicated within the date of origin of classified documents created or delivered only in the following calendar year.
The collection sheet, established before the entry into force of the new Decree, can be continued in the same way as before, but it is necessary to follow the instructions set out in Annex 7 to the new Decree when filling in individual data. Any other established sheet of the same collection sheet must comply with all the requirements of the new Decree, including the name of the entity with which it is kept and the signature pursuant to Section 4(2) of the Decree.
On the basis of the composition of the reference number, on which the collection sheet was based before the entry into force of the new decree, even after 1. 1. 2023 does not change anything. If newly created or delivered classified documents are registered in such a collection sheet, they will normally be distinguished in the reference number by sequential numbers from that collection sheet, and if the reference number on which the collection sheet was based did not contain the designation of the entity to which it was assigned, it will not contain it even for classified documents newly registered in that collection sheet.
Another possible procedure is the closing of the collection sheet established before the entry into force of the new decree, the registration of another newly created or delivered classified document relating to the same matter in the negotiating protocol (new initiation classified document) and the establishment of a new collection sheet for the newly allocated negotiating number. The reference number assigned after the entry into force of the new decree will already contain all the newly established elements, i.e. also the designation of the state authority or its organisational unit, legal entity or natural person doing business to which the reference number has been assigned. In this case, it will be necessary to link the records of both the original and the new reference number in the negotiating protocol by cross-references (information on the link between the reference numbers). This information should also be included on the two collection sheets in question.

TOO LONG How to proceed if there is no space in the negotiating protocol according to Decree No. 275/2022 Coll. for the registration of other persons entrusted with its management or for the presentation of the entire composition of the shredding commissi

In the event of a lack of space or lines in the tables appearing on the inside of the sheets of the minutes referred to in Annex 1 to the Decree, in which the names and surnames of the persons responsible for keeping the minutes, the period in which they keep the minutes and the specimen signatures, respectively the names and surnames of the members of the shredding commissions for each year or, where applicable, the range of years, and their signatures, may be entered:
the tables with all the required items on the other blank pages of the negotiating protocol, if the negotiating protocol contains such parties (front end, inner side of the back panels;

in the case of members of the shredding committee, include references to documents or internal rules on the inside of the negotiating protocol, which shall contain all the information that should be included in the table referred to in Annex 1 to the Decree. Choosing this procedure, it will be necessary to ensure the preservation of a document referenced in the minutes replacing the completion of the required data in the table on the inside of the minutes, at least until the minutes are deleted.
Security eligibility
Do I have to report to you when I took out a loan from the municipality?

Do I have to report to you when I took out a loan from an employer?

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. What can I imagine underneath that?

I'll ask for a receipt. Do I need to provide a birth certificate?

Information on health and other professional care and its impact on the issue or possession of a document

What are the most common shortcomings when applying for a document?

I want to ask for a receipt. How am I supposed to do that?

I want to apply for a document. What do I need to prove?

Is there a difference between the first and the repeated application for a document?

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?

I have a recognised electronic signature with my employer. Can I use this signature to electronically sign a document request?

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?

Can I send an application for a document to the NSA 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 an execution in the questionnaire for the issuance of the document.

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 ask for a receipt. 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?

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 - ČEZ a.s., 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?

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 a document in the questionnaire?

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?

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?

I am completing a questionnaire for the issue of a document, 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’?

When do changes have to be reported?

What is SJM?

The questionnaire contains the item ‘Property ratios’ and the second item of this item is ‘SJM’. In the case of the expression ‘Yes’, does the natural person also have to indicate in the following points income, financial liabilities, financial claims, immovable property relating exclusively to the spouse, registered partner?

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 my application for a document?

I need a look at the security file. What do I have to do?

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.
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.
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. What can I imagine underneath that?
This is, for example, a loan from your employer, the municipality. The provision of this information is newly required from 1.1.2026.
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.
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 Office evaluates the fulfilment of various conditions laid down by law 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 Office 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. 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 document or does this information lead to the invalidation of a document already issued by the Office?
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 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 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 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.
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.
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 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 Office, 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 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 may be submitted in person after ordering at the Office's registered office, tel. no. 257283225, 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.
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.
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
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
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 Office 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 document to the Office within 15 days from the date on which the new document was delivered to you.

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.
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.
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 Office for the signature of the application for the issue of a document.

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 Office. Only conversions pursuant to Act No 300/2008 may be used upon request (Section 23(1) of Act No 300/2008).
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 Office by a data box only if this data box is established for you as a natural person or a natural person doing business.
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.
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 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.
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.
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.
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 gambling and you are obliged to notify the Office of treatment in connection with participation in gambling 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.
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 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.
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.
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.
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 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.
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 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
I am completing a questionnaire for the issue of a document, 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.
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.
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 questionnaire contains the item ‘Property ratios’ and the second item of this item is ‘SJM’. In the case of the expression ‘Yes’ on this point, do I also have to indicate in the following points income, financial liabilities, financial receivables, real estate relating exclusively to the spouse, registered partner?
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.
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?
Submit an appeal 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 decision against which an appeal 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 an appeal with the Office within 15 days from the date of service of the decision (Section 126(1) of the Act). If you miss the deadline for filing an appeal for serious reasons, you can apply to the Office for its remission within 15 days from the date on which the cause of the missed appeal ceased to exist. The condition, however, is that the application for remission must be accompanied by an appeal itself.
You can submit an appeal:
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 Office’s data box (Office 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 The Office.
How do I withdraw my application for a document?
In such cases, it is necessary to send a written notification to the Office that you are withdrawing your application for the issue 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 Office shall close the pending proceedings, issue and send an order terminating the proceedings. After this resolution has become final, the Office 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 The Office.
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 consulted on the basis of a written request addressed to the Office, 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 The Office.
The Office 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 Office building (Na Popelce 2/16, Prague 5 - Košíře). Before consulting, an employee of the Office will acquaint you with the possibility of making extracts from the volume or requesting copies from the volume for a fee. A written record of the inspection shall always be made.

Industrial security (Facility Security Clearance, certificates)

What rights does the entrepreneur have:

What are the responsibilities of the entrepreneur:

Responsibilities of the responsible person (Section 67 of the Act)

Security Director (Section 71 of the Act)

Entrepreneur's request includes

Submission of a second and further application pursuant to Section 96(3) and (4) of the Act

Removal of the Secured Area

Method and form of submitting an application for the issue of a Facility Security Clearance

Requirements for a ‘basic’ application for the issue of an entrepreneur’s certificate under the Act

"description of the methods of implementation of the different types of ensuring the protection of classified information"

Personnel security Requirements for the application for the issue of a certificate of the entrepreneur pursuant to

What are the forms of access by an entrepreneur to classified information classified at the level Restricted (Section 20 of the Act)

When an Entrepreneur may have access to Classified Information

When the entrepreneur is entitled to make a statement of the entrepreneur

Validity and expiry of the entrepreneur's statement

Obligations of the entrepreneur who made the statement of the entrepreneur (Section 68a of the Act)

Industrial Security Department

Registrar's office

Friday:

Laws

Decrees

Who is involved in the security procedure

What are the forms of access of the entrepreneur to classified information (Section 20 of the Act)

Facility Security Clearance

In the event of a change in some of the information contained in the Facility Security Clearance, the Office shall issue a new Facility Security Clearance without delay. Access to classified information is not affected until the delivery of the new clearance (Section 54(4) of the Act).

Method and form of notification of changes

What penalty can be imposed for non-compliance with the obligation to report changes

News

FAQ

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 Certificate of Confidentiality. 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?

Is there a difference between the first and the second application for a certificate?

I want to apply for a Secret Certificate. What do I need to prove?

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 have a recognised electronic signature with my employer. Can I use this signature to electronically sign an application for a natural person’s 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?

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. Should I 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 want to report changes to the NSA, but I don't know exactly what you want to know. Can you give me some advice?

I will provide accommodation for refugees from Ukraine, I will also send funds to help Ukraine. Do I have to report it?

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?

Do I have to report the establishment of my data box?

Where should I indicate in the questionnaire when applying for an investment life insurance certificate - in ‘Financials’ or ‘Investment instruments’?

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?