On Export Controls

Original Language Title: Об экспортном контроле

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RUSSIAN FEDERATION FEDERAL LAW On export control Adopted by the State Duma on 22 June 1999 Approved by the Federation Council on 2 July 1999 class="ed">(In the version of federal laws of 30.12.2001) N196-FZ; dated 29.06.2004 N 58-FZ; dated 18.07.2005. N 90-FZ; dated 29.11.2007 N 283-FZ; dated 01.12.2007. N 318-FZ; of 07.05.2009 N 89-FZ; as of 1 July 2011 N 169-FZ; dated 18.07.2011 N 242-FZ; of 06.12.2011 N 409-FZ; of 21 December 2013 N 372-FZ; dated 21.07.2014. N 259-FZ; dated 13.07.2015 N 216-FZ This federal law establishes the principles of state policy implementation, the legal basis for the activities of the State authorities of the Russian Federation in the field of export control, and also defines the rights, duties and responsibilities of participants in foreign economic activities. CHAPTER I. GENERAL PROVISIONS Article 1. Key concepts For the purposes of this Federal Law, the following basic concepts are used: Foreign economic activities-foreign trade, investment and other activities, including industrial cooperation, in the field of international exchange of goods, information, work, services, results of intellectual activity (rights on them); export control-a set of measures that ensure the implementation of the established by this Federal Law, other federal laws and Other regulatory legal acts of the Russian Federation on the conduct of foreign economic activities in respect of goods, information, works, services, results of intellectual activity (rights on them), which can be used in the case of The creation of weapons of mass destruction, their means of delivery, other types of weapons and military equipment, or in the preparation and (or) commission of terrorist acts; Internal export control programme-organizational, administrative, information and other By the Russian participants in foreign economic activities in order to comply with the rules of export control; (In the wording of the Federal Law 21 December 2013 N 372-FZ) Weapons of mass destruction-nuclear, chemical, bacteriological (biological) and toxin weapons; means of delivery-missiles and unmanned aerial vehicles capable of delivering weapons of mass destruction products which are particularly dangerous to the preparation and (or) the commission of terrorist acts-technical devices, or poisonous, poisonous, explosive, radioactive or other substances that, if they occur The use of terrorist acts in the preparation and (or) A real threat to the life or health of the people, the infliction of substantial property damage or other serious consequences, including grave consequences comparable to the effects of the use of weapons of mass destruction. Only objects of civil rights which under Russian law are restricted in turnover or received as a result of scientific, technical, industrial or other economic activity may be included in these products. activities requiring special authorization (licence); controlled goods and technologies-raw materials, materials, equipment, scientific and technical information, work, services, results of intellectual activity (rights to them) which, due to their characteristics and characteristics, may Significant contribution to the creation of weapons of mass destruction, their means of delivery, other types of weapons and military equipment, as well as products that are particularly dangerous in the preparation and (or) commission of terrorist acts; Participants in foreign economic activities (Russian individuals)-carrying out foreign economic activities or carrying out import of goods, information and results of intellectual activity from the Russian Federation (rights to them) legal persons established under OF THE PRESIDENT OF THE RUSSIAN FEDERATION In accordance with the legislation of the Russian Federation, individual entrepreneurs (as amended by the federal law of 6 December 2011). N 409-FZ) Foreign persons-legal persons and organizations in other organizational and legal form whose legal capacity is determined by the law of the foreign State in which they are established; natural persons, civil society The legal capacity and civil capacity of which are determined by the law of the foreign State of which they are nationals and stateless persons whose civil legal capacity is determined by the law of the foreign State in which { \cs6\f1\cf6\lang1024 } Data { \cs6\f1\cf6\lang1024 } s { \b unlicensed export mode for certain kinds of controlled goods is a form of foreign economic activity where a certain group or item is exported from the Russian Federation controlled goods of Russian origin do not need to be licensed under this Federal Law. (Paragraph is supplemented by the Federal Law of 21 December 2013. N 372-FZ) (Article in the wording of the Federal Act of 29.11.2007) N 283-FZ) Article 2. Scope of this Federal Law This Federal Law regulates the relations between the State authorities of the Russian Federation and the Russian participants Activities in the implementation of export controls. This Federal Law applies to foreign economic activities in respect of goods, information, works, services, results of intellectual activity (rights on them), which can be used in the creation of weapons of mass destruction, their means of delivery, other types of weapons and military equipment of or in the preparation and (or) commission of terrorist acts, in the part of the exercise of export control for purposes, established by this Federal Act. (In the wording of Federal Law of 29.11.2007) N 283-FZ) Export control of arms and military equipment, as well as information, works, services, and results of the intellectual activity (rights to them), which are military products, OF THE PRESIDENT OF THE RUSSIAN FEDERATION (In the wording of Federal Law of 29.11.2007) N 283-FZ) Article 3. The legislation of the Russian Federation in the field of export control Russian legislation on export control is based on the Constitution of the Russian Federation and consists of this Federal Act. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The export control issues are under the exclusive responsibility of the Russian Federation. Article 4. The objectives of export controls The main objectives of export control are: Protection of the interests of the Russian Federation; implementation of the requirements of the international non-proliferation treaties of the Russian Federation Weapons of mass destruction, their means of delivery, as well as in the field of export control of military and dual-use goods; creating conditions for the integration of the Russian economy into the world economy; countering international Terrorism. (The paragraph is supplemented by the Federal Law of 29.11.2007). N 283-FZ) Article 5. The principles of State policy in the field of export control 1. The Russian Federation pursues a State export control policy, which is an integral part of the domestic and foreign policy of the Russian Federation and is carried out solely for the purpose of ensuring the security of the State. political, economic and military interests. 2. The State export control policy is formed in accordance with the following basic principles: The good faith implementation of the international obligations of the Russian Federation in the field of non-proliferation of weapons of mass defeat, means of delivery, and control of exports of military and dual-use goods; legality, transparency and availability of information on export controls; priority of interests the security of the State; control is only to the extent necessary to achieve its objectives; (Overtaken by force-Federal Law of 06.12.2011). N 409-FZ ) Harmonization of procedures and regulations for export controls with generally recognized international norms and practices; liaison with international organizations and foreign States in the field of export Control to strengthen international security and stability, prevent the proliferation of weapons of mass destruction and their means of delivery. Article 6. Lists of controlled goods and technologies (lists) of controlled goods and technologies are approved by decrees of the President of the Russian Federation on the submission of the Government of the Russian Federation. The decrees of the President of the Russian Federation on approval of lists (lists) of controlled goods and technologies enter into force not earlier than three months from the date of their official publication. Lists (lists) of controlled goods and technologies are developed by the federal executive authorities with the participation of representatives of the Federal Assembly of the Russian Federation, industrial and scientific organizations, their associations and Unions. Article 7. Export control techniques Export controls in the Russian Federation are implemented through the legal regulation of foreign economic activities that include: Identification of controlled goods and technologies, i.e. the determination of the conformity of specific goods, information, works, services, results of intellectual activity, which are objects of foreign economic transactions, goods and List of technologies listed in Article 6 of this Federal The law, as well as the definition of such goods, information, works, services, results of intellectual activity of bans and restrictions on foreign economic activities, established by this Federal Law, OF THE PRESIDENT OF THE RUSSIAN FEDERATION 21 December 2013 N 372-FZ) The licensing procedure for foreign economic transactions involving controlled goods and technologies, licensing or other form of government regulation; customs control when carrying out customs transactions in respect of controlled goods and technologies imported into the Russian Federation and exported from the Russian Federation, in accordance with customs laws of the Customs Union in the framework of the EurAsEC and (or) legislation of the Russian Federation concerning customs (...) (...) N 409-FZ) (Unused-Federal Law of 18.07.2005) N90-FZ ) organization and conduct of inspections of compliance by Russian participants in foreign economic activities with the requirements established by this Federal Law, other federal laws and others OF THE PRESIDENT OF THE RUSSIAN FEDERATION weapons of mass destruction, their means of delivery, and other The Russian Federation shall take measures to prevent and (or) eliminate the consequences of the detected violations of the said violations in the form of weapons and military equipment, or in the preparation of and (or) the commission of terrorist acts. (In the wording of Federal Law No. N 242-FZ CHAPTER II. THE LEGAL FRAMEWORK OF THE EXPORT CONTROLLER Article 8. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Export control policies; ensures the coordinated functioning and interaction of the State authorities of the Russian Federation in the field of export control; approves lists (lists) Controlled Items and Technologies; makes decisions about the regime of unlicensed export of certain controlled goods to foreign states, as well as termination or suspension of this regime. (Paragraph is supplemented by the Federal Law of 21 December 2013. N 372-FZ Government of the Russian Federation: organizes the implementation of State export control policies, including with regard to international export control regimes; defines the procedure for carrying out foreign economic activities in relation to goods, information, works, services, on the basis of and pursuant to this Federal Law, other federal laws and decrees of the President of the Russian Federation. the results of the intellectual activity (rights to them), which can be used in the creation of weapons of mass destruction, their means of delivery, other types of weapons and military equipment of , or in the preparation and (or) commission of terrorist acts, and determines the order of the organization and conducting inspections of Russian participants in foreign economic activities; (In the wording of federal laws of 29 November 2007); N 283-FZ; dated 18.07.2011 N 242-FZ) accepts within its competence the decision to negotiate and sign international agreements of the Russian Federation in the field of export control; OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 9. Interagency coordinating body for export controls To ensure the implementation of State export control policies, including with regard to international export control regimes, and In order to coordinate the activities of the federal executive authorities and the organizational and methodological guidelines for export controls in the Russian Federation, an interdepartmental coordinating body for export control is formed. The Regulation on the Interagency Coordination Body for Export Control and its personal composition are approved by the President of the Russian Federation. As part of the inter-ministerial coordinating body for export control It includes officials of the State Corporation for Promoting the Development, Production and Export of high-tech industrial products Rostec and the State Corporation for Space Activities Roscosmos. (In the wording of the federal laws of 01.12.2007) N 318-FZ; dated 07.05.2009 N 89-FZ; dated 21.07.2014. N 259-FZ; dated 13.07.2015. N 216-F Representatives of the Federal Assembly of the Russian Federation may participate in the meetings of the interdepartmental coordinating body for export control. Article 10: The powers of the federal executive bodies of power, the State Corporation for Atomic Energy of Rosatom and the State Corporation for space activities of Roscosmos ' in the region Export controls (In the version of federal laws of 01.12.2007) N 318-FZ; dated 13.07.2015. N 216-FZ ) Federal executive authorities of theState Corporation for Atomic Energy, Rosatom, and the State Corporation for Space Activities (Roskosmos) provide execution OF THE PRESIDENT OF THE RUSSIAN FEDERATION entrusted to them by the legislation of the Russian Federation Federation. (In the version of federal laws of 01.12.2007) N 318-FZ; dated 13.07.2015. N 216-FZ) Article 11. Specially Designated Federal Export Control Export Control authority. The federal executive branch in the field of export control, together with other federal executive authorities, organizes work to inform the Russian participants of the foreign economic activity. OF THE PRESIDENT OF THE RUSSIAN FEDERATION within the limits of their competence shall be assisted by a special The competent federal executive authority in the field of export control in the realization of the purposes defined by this Federal Law. (Part added is the Federal Law of 29.11.2007). N 283-FZ) (Article as amended by Federal Law No. N 58-FZ) Article 12. Legislative acts of the federal organs of the executive branch in the field of export control On the basis of and pursuant to this Federal Act, other federal laws, decrees of the President The Russian Federation and the decisions of the Government of the Russian Federation may issue, within the limits of their competence, regulatory legal acts in the field of export control. The legal acts issued by the federal executive authorities are subject to State registration in accordance with the procedure established by the legislation of the Russian Federation. Article 13. The right of access to information Federal legislative bodies, as well as federal executive authorities exercising authority in the field of export control, have the right to request and receive documents and information, required for export control purposes. Article 14. Obligations of participants in the foreign economic activity of providing information for the purposes of export control Russian participants in foreign economic activity are obliged at the request of the federal authorities the executive, exercising authority in the field of export control, to provide documents, explanations in writing and orally, other information necessary for the performance by the said bodies of the tasks and functions envisaged in the present report. Federal law and other regulatory legal acts OF THE PRESIDENT OF THE RUSSIAN FEDERATION Russian participants in foreign economic activity are responsible for the reliability of information provided for the purposes of export control to the federal executive authorities exercising authority in the field Export controls. Article 15. Duties of the federal executive branch of the authorities with regard to the information provided Information provided to the federal executive authorities exercising authority in the field of export control, In accordance with this Federal Law and other regulatory legal acts of the Russian Federation in the field of export control, participants in foreign economic activities are used exclusively for export control purposes. Information constituting a state, commercial and other secret protected by law shall not be disclosed, used by officials of these bodies for personal purposes, shall be made available to third parties, except in the case of OF THE PRESIDENT OF THE RUSSIAN FEDERATION N 283-FZ) Article 16. Internal export control programs (In the wording of the Federal Law of 21 December 2013). N 372-FZ) In order to ensure compliance with this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation on the implementation of foreign economic activities in respect of goods, information, works, services, results of intellectual activity (rights to them)that can be used in the creation of weapons of mass destruction, their means of delivery, other types weapons and military equipment of terrorist acts, the prevention of offences in this area by the federal executive branch of the federal executive branch of the Russian Federation provides assistance to Russian participants of foreign economic activity in the creation of internal programs. -Export control and the necessary information and methodical assistance. In the wording of the federal laws of 29 November 2007: N 283-FZ; of 21 December 2013 N 372-FZ) Establishment of internal export control programmes is mandatory for organizations carrying out scientific and/or productive activities for the federal state OF THE PRESIDENT OF THE RUSSIAN FEDERATION (In the wording of the Federal Law of 21 December 2013, } N 372-FZ) Russian participants in the foreign economic activity that created internal export control programs, and issues them certificates of state accreditation. (In the wording of the Federal Law of 21 December 2013, } N 372-FZ) The Government of the Russian Federation determines the procedure for the State accreditation of Russian participants in foreign economic activities that have established internal export control programmes. (In the wording of the Federal Law of 21 December 2013, } N 372-FZ) Article 17. Organizing and conducting inspections of Russian participants in foreign economic activity 1. In order to ensure compliance with the legislation of the Russian Federation in the field of export control, where there are grounds to believe that the legislation in this area is not fully complied with or is not fully complied with by the Commissioner of Federal The executive branch in the field of export control has the right to appoint and carry out inspections within its competence of the Russian participants in foreign economic activities that carry out foreign economic transactions involving goods, information, works, services, the results of intellectual activities (rights thereon) that may be used in the creation of weapons of mass destruction, their means of delivery, other types of weapons and military equipment, or in the preparation and (or) commission of terrorist acts. of acts. 2. The provisions of Federal Act No. 294-FZ of 26 December 2008 on the protection of the rights of legal persons and individual entrepreneurs in the exercise of State control (supervision) and municipal control ", taking into account the characteristics set out in paragraphs 3 to 7 of this article. 3. The subject of the routine inspection is the compliance by the Russian participant in the foreign economic activity with the requirements established by this Federal Law, other federal laws and other regulatory legal instruments adopted by them. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Routine inspection is conducted not more than once every three years, during which foreign economic transactions involving goods, information, works, services, and results of intellectual activity (rights on them) are carried out may be used in the creation of weapons of mass destruction, their means of delivery, other types of weapons and military equipment, or in the preparation and (or) commission of terrorist acts. 4. The reason for the unscheduled inspection is: 1) the expiry of the deadline for the Russian participant of foreign economic activity of the order issued by the state control authority to eliminate the detected violation. mandatory requirements; (2) State control: a statement by a legal person, an individual entrepreneu, granting a licence or authorization under articles 19 and 20 of the present Federal Act; petitions and statements of citizens Number of individual entrepreneurs, legal entities, information from public authorities (government officials), local authorities, media, and other sources information showing signs of violations of compulsory requirements, including the conditions and requirements of the licences or permits provided for in articles 19 and 20 of this Federal Law, if such violations constitute a threat to the security of the State or detrimental to its political interests as a result of non-compliance International obligations in the field of non-proliferation of weapons of mass destruction, their means of delivery, as well as in the field of export control; (3) the existence of an order (order) by the head (deputy head) of the organ State control over an exceptional check issued in accordance with the instructions of the President of the Russian Federation or the Government of the Russian Federation, or on the basis of a procurator's request for an exceptional inspection within the framework of Monitoring of the implementation of laws on the materials submitted to the procuratorial authorities; and Access. 5. An early retreats on the basis referred to in paragraph 4, paragraph 4, paragraph 4, of this article may be carried out by the State control authority immediately, with the notification of the Public Prosecutor's Office in accordance with the procedure established in Part 12. Article 10 of the Federal Law of December 26, 2008 No. 294-FZ "On protection of the rights of legal persons and individual entrepreneurs in the exercise of State control (supervision) and municipal control". The preliminary notification of the Russian participant in the foreign economic activity on conducting such a test is not permitted. 6. The period of inspection shall not be more than thirty working days from the date of commencement of the inspection. In exceptional cases involving complex and (or) protracted studies, tests, special examinations and investigations based on reasoned proposals of the officials of the State control body conducting the tests Verification, the duration of the review may be extended by the head of that authority, but not for more than twenty working days. 7. In the conduct of inspections, officials of the State control body, in accordance with the procedure established by Russian legislation, have the right: 1) to request and receive, on the basis of reasoned written requests from the Russian Federation, Participants in foreign economic activities information and documents relating to the audited foreign economic activity and necessary in the course of the inspection; 2) without hinders on the production of a service licence and copy. executive order (s) State monitoring bodies on the appointment of inspections to visit the buildings, the premises of Russian participants in foreign economic activities and carry out the necessary research, tests, examinations and other inspection activities in relation to the goods, information, works, services, and results of intellectual activity (rights on them) that can be used in the creation of weapons of mass destruction, their means of delivery, other types of weapons and military equipment, or in preparation and (or) of terrorist acts, including sampling of goods in accordance with the procedure established by the legislation of the Russian Federation; 3) to grant Russian participants in foreign economic activity orders to eliminate the detected breaches of mandatory requirements; 4) Protocols on administrative offences relating to breaches of mandatory requirements and to take measures to prevent such violations; 5) to send material related to breaches of the obligation to the competent authorities of the Convention on the The evidence of a crime. 8. The actions of officials of the State control agency in carrying out inspections of Russian participants in foreign economic activities should not cause undue harm to persons whose activities are checked. Information obtained during such checks is restricted information and is subject to article 15 of this Federal Law. (Article in the wording of Federal Law from 18.07.2011 N 242-FZ CHAPTER III. REGARDING EXTERNAL ACTIVITY ON TRAVEL, INFORMATION, WORK, SERVICE, INTELLECTUAL ACTIVITIES (RIGHTS NA ) WEAPONS WHICH MAY BE USED IN THE CONSTRUCTION OF WEAPONS OF TRAFFIC WEAPONS, OR THEIR DELIVERY, TERRORIST ASSETS (In the wording of Federal Law of 29.11.2007) N 283-FZ) Article 18. Requirements for foreign economic transactions with controlled goods and technologies Foreign economic transactions involving the transfer of controlled goods and technologies to a foreign person must be made on the available A foreign person's written undertaking that the goods and technologies listed will not be used for the purpose of creating weapons of mass destruction and their means of delivery. The Government of the Russian Federation has the right to impose additional requirements on the conditions under which foreign economic transactions with controlled goods and technologies should be committed, including the right to verify the use by a foreign person of the goods and technology received in accordance with the obligations assumed. Article 19. Licensing of foreign economic transactions with controlled goods and technologies 1. Foreign economic transactions involving the transfer of controlled goods and technologies (including their rights) to foreign persons, the importation of certain types of controlled goods and technologies into the Russian Federation in cases where this is necessary for OF THE PRESIDENT OF THE RUSSIAN FEDERATION The items of controlled goods and technologies subject to import to the Russian Federation shall be subject to licensing by the Government of the Russian Federation on the basis of lists (lists) referred to in article 6 of this Federal Law. 2. Licences to carry out foreign economic transactions with controlled goods and technologies are issued by a specially authorized federal executive authority in the field of export control. 3. For the export of certain types of controlled goods and technologies to foreign States, which, in their domestic and foreign policies, have universally recognized principles and norms of international law in the field of non-proliferation of weapons of mass destruction, and The means of its delivery may be issued general licences, i.e. licences with names and quantities of goods or items of technology and the amount of the rights transferred to them, without the determination of a specific foreign person by the recipient of these products or technologies. 4. The list of foreign States and the types of controlled goods and technologies authorized to issue general licences are established by the Government of the Russian Federation. 5. The General Licenses may be issued only to a Russian foreign economic participant who has established an internal export control programme and has received, in accordance with the established procedure, a certificate of State accreditation provided for by the State party. Article 16 of this Federal Law. 6. Temporary export from the Russian Federation of controlled goods and technologies without the transfer of such goods and technologies (including their rights) to a foreign person, in particular for demonstration at exhibitions or for use for own purposes, may be carried out without licences, provided that such goods and technology remain under the direct control of the Russian participant in the foreign economic activity engaged in their temporary export from the Russian Federation, and will be to the Russian Federation within the prescribed time-limits. The decision to temporarily remove controlled goods from the Russian Federation is taken by an interdepartmental coordinating body for export control in accordance with the procedure established by the Government of the Russian Federation. 7. With regard to foreign States adhering to their domestic and foreign policies on the universally recognized principles and norms of international law in the field of non-proliferation of weapons of mass destruction and their means of delivery, The international regimes of export control and (or) participating in regional integration together with the Russian Federation may be established, if this is not contrary to the interests of security and international obligations of the Russian Federation, the regime unlicensed export of certain types of controlled goods. 8. The list of foreign States and the types of controlled goods for which unlicensed exports are established are approved by decrees of the President of the Russian Federation on the submission of the Government of the Russian Federation. 9. The regime of unlicensed export of certain types of controlled goods against a foreign state or foreign state may be terminated or suspended by a decree of the President of the Russian Federation on the submission THE RUSSIAN FEDERATION 10. The unlicensed export of certain types of controlled goods is entitled to carry out only Russian legal entities included in the register of Russian participants of foreign economic activity authorized to perform such export. The establishment and maintenance of the said register, including the inclusion and exclusion of Russian legal entities, shall be carried out by a specially authorized federal executive authority in the field of export control, established by this federal organ. 11. The conditions for the inclusion of Russian legal entities in the register of Russian participants in foreign economic activity that are authorized to export certain types of controlled goods is: 1) having experience carrying out foreign economic transactions with goods, information, works, services, results of intellectual activity (rights on them) that can be used in the creation of weapons of mass destruction, their means of delivery, other types weapons and military equipment, or in the preparation and (or) terrorist acts, not less than three years prior to the day of referral to a specially authorized federal executive body in the field of export control for inclusion in the register; (2) absence within the period of time, of the Russian Federation's legislation in the area of export control; 3) the absence of a criminal record for an intentional offence against the head of the Russian Federation of a Russian legal entity and other officials of the Russian legal entity, performing management functions related to the performance of foreign economic activities; 4) the presence of an employee or employees having a qualification certificate in the field of export control. 12. The reason for excluding the Russian legal entity from the register of Russian participants in foreign economic activity is: 1) failure to comply with the conditions of inclusion in the register provided for in this article; 2) The Russian legal entity, its head or other officers of the Russian legal entity carrying out management functions related to the conduct of foreign economic activities, to administrative responsibility for the violation OF THE PRESIDENT OF THE RUSSIAN FEDERATION Control, or criminal liability for intentional crimes, by these leaders or other officials. 13. In the case of non-licensed export of certain types of controlled goods, the government of the Russian Federation sets out the procedure for carrying out foreign economic activities in respect of these goods. class="ed"> (Article in the wording of Federal Law of 21 December 2013). N 372-FZ) Article 20. Comprehensive control 1. It is prohibited for Russian individuals to conclude, engage in foreign economic transactions with goods, information, work, services, or results of intellectual activity (rights to them) or to participate in them in any other way in If such persons are reliably known that the goods, information, work, services, the results of the intellectual activity will be used by a foreign state or a foreign person for the purpose of creating weapons of mass destruction and facilities its delivery , or for the preparation and (or) of the commission of terrorist acts. (In the wording of Federal Law No. N 283-FZ) 2. Russian participants of foreign economic activity are obliged to receive permission of the interdepartmental coordinating body for export control of foreign economic activities in accordance with the procedure established by the Government of the Russian Federation. transactions with goods, information, work, services, results of intellectual activity (rights on them) not covered by lists (lists) referred to in article 6 of this Federal Law, in cases where Russian participants foreign economic activities have reason to believe that these Goods, information, work, services, results of intellectual activity (rights on them) can be used to create weapons of mass destruction, their means of delivery, other types of weapons and military equipment, or are acquired in the interests of persons, In respect of which there is information received under the laws of the Russian Federation on their participation in terrorist activities, or if the Russian participants in the foreign economic activity are informed in writing about this by the specially authorized federal executive of the export control system. (In the wording of Federal Law No. N 283-FZ) Article 21. State examination of foreign economic transactions deals Foreign economic transactions with goods, information, works, services, results of intellectual activity (rights on them)to which in Articles 6 and 20 of this Federal Act are subject to export control and are subject to State expertise. The State examination is conducted by the federal executive authorities and consists in the analysis of documents and information relevant to the foreign economic transaction in order to determine its conformity with the international obligations of the Russian Federation. Federation, public interest and environmental safety requirements. (In the wording of Federal Law of 29.11.2007) N 283-FZ) The results of the State examination shall be the basis for granting or refusing to grant a licence or authorization provided for in articles 19 and 20 of this Federal Law. The Government of the Russian Federation shall determine the procedure and conditions for the conduct of the State examination. Article 22. General requirements for issuing, decorating, suspending the license or permission and unlicensed or revoked 1. Licences or permits to carry out foreign economic transactions involving goods, information, works, services, results of intellectual activity (rights to them)provided for in articles 19 and 20 of the present The federal law (hereinafter referred to as the licence or permit) shall be issued by the relevant State authority on the basis of written statements by the Russian perpetrators. (In the wording of Federal Law of 29.11.2007) N 283-FZ) The declarations should be accompanied by documents containing precise information about the goods, information, work, services, results of intellectual activity with the instruction of a foreign state, on the territory of which goods, information, work, services, results of intellectual activity (rights on them) will be removed or transferred. (In the wording of Federal Law of 29.11.2007) N 283-FZ) Depending on the type of goods, information, works, services, results of intellectual activity (rights to them) and the specifics of foreign economic transactions with them by federal laws and others The legal acts of the Russian Federation may provide for the submission of additional documents, as well as requirements for their registration. It is not permitted to request submissions from the applicant if such documents (information contained therein) are at the disposal of State organs, local authorities or subordinates The authorities or bodies of local self-government of the organizations, except if such documents are included in the list provided by the Federal Law of 27 July 2010 No. 210-FZ "On the organization of the provision of state and municipal services" of documents. (In the wording of the federal laws of June 29, 2007). N 283-FZ; dated 01.07.2011 N 169-FZ) 2. The decision to grant or refuse a licence or authorization shall be taken by the public authority referred to in articles 19 and 20 of this Federal Act, respectively, for a period of not more than forty-five days from the date of receipt of the applications and documents, in paragraph 1 of this article. The Russian Federation's legal regulations may set a shorter time limit for issuing a decision on extradition or refusal to grant licences or permits. The State authority which issued the decision on extradition or refusal to issue a licence or authorization shall be required to notify the applicant within three days of the decision. Notice of denial of the licence or authorization shall be issued to the applicant in writing, indicating the grounds for the refusal. 3. The reason for refusing to grant a licence or permission is: the existence of false, distorted or incomplete information in the documents submitted by the applicant; performed under Article 21 of this Federal Law; conduct foreign economic operations with goods, information, works, services, results of intellectual activity (rights to (no) on the conditions under which the damage is caused or threatened OF THE PRESIDENT OF THE RUSSIAN FEDERATION N 283-FZ) other export control legislation of the Russian Federation provided for in the legislation of the Russian Federation. 4. For the issuance (granting), licensing or authorization, extension of the period of validity or the re-issuance of a licence or authorization, the State duty is paid in accordance with the laws of the Russian Federation on taxes and duties. (In the wording of Federal Law No. N 242-FZ 5. Licence or authorization may establish additional conditions for the conduct of foreign economic transactions, as well as requirements for goods, information, works, services, results of intellectual activity that are the objects of such operations. A license or permission can be used by their legal owner to perform only those foreign economic transactions involving goods, information, work, services, and results of intellectual activity (rights to (a) The Convention on the Rights of the (...) (...) N 372-FZ) 6. The licence or authorization may be revoked without notice or may be suspended by the public authority to which the documents were issued, in the case of: granted by the licensee or The permission of the relevant application; liquidation of a legal person to whom the licence or authorization has been issued; infringement by the licensee or the resolution of the requirements and conditions of such a licence or permit; violation by the licensor of the license or the resolution of the law OF THE PRESIDENT OF THE RUSSIAN FEDERATION The decision to suspend a licence or authorization or to revoke a licence or authorization shall be made by the public authority to which the documents were issued, to the holder of the licence or permission, no later than through Three days from the date of this decision. 7. The Government of the Russian Federation has the right, within the limits of its competence, to establish additional requirements for the issuance, processing, suspension of licences and permits, or revocation of licences and permits which are not to be granted by the Government of the Russian Federation. (a) Contradictions to this Federal Act as well as the conditions for extradition, licensing and authorization, suspension or revocation of their validity. Article 23. Accounting for foreign economic transactions 1. Russian participants in foreign economic activity for the purposes of export control are obliged to take account of foreign economic transactions with goods, information, works, services, results of intellectual activity (rights on them), which can Be used in the creation of weapons of mass destruction, their means of delivery, other types of weapons and military equipment, or in the preparation and (or) commission of terrorist acts. 2. The types (groups) of goods, information, works, services, and results of intellectual activity (rights on them), foreign economic transactions with which are subject to export control, are determined by the Government of the Russian Federation. (...) (...) N 372-FZ) 3. Accounting for foreign economic transactions for export control purposes is to document the information needed to identify controlled goods and technologies (properties) of goods, information, works, services, results Intellectual activity (rights to them), which are the subject of foreign economic transactions, foreign persons involved in these transactions and the persons for whom they are engaged (if any). (...) (...) N 372-FZ) 4. Documents containing information on which foreign economic transactions are considered for export control purposes must be kept for a period of three years, if the longer term is not established by Russian law. THE RUSSIAN FEDERATION 5. The Government of the Russian Federation sets the order and form of accounting for foreign economic transactions for export control purposes. (Article in the wording of Federal Law from 18.07.2011 N 242-FZ) Article 24. Identification of controlled goods and technologies 1. Identification of controlled goods and technologies, as well as necessary actions related to obtaining licenses to carry out foreign economic transactions with controlled goods and technologies or permits to export them from the Russian Federation Federations without licenses are the responsibility of the Russian participant of foreign economic activity. 2. The Russian participant in the foreign economic activity has the right to order the identification of controlled goods and technologies of the organization, which has received a special permission for the implementation of the procedure in the prescribed by the Government of the Russian Federation. Activities for the identification of controlled goods and technologies (hereinafter referred to as expert organization), through the conclusion of a relevant treaty. 3. The identification of controlled goods and technologies is reflected in the identification report. The identification certificate is the document defining for export control purposes the status of goods, information, works, services, and results of the intellectual activity which are objects of foreign economic transaction, if this conclusion The signature of the head of a Russian legal entity or another person authorized to represent the entity by law or by an individual is duly certified: 1) or an expert in the field of export control an employee of this legal person or sole proprio who is certified by the appropriate stamp (if any), provided that the identification certificate is drawn up by the Russian participant in the foreign economic activity; (2) a signature by the head of an expert organization or other authorized official of an expert organization certified by the press, provided that the identification certificate is drawn up by an expert organization. 4. The identification certificates, certified by the export control expert, whose qualification certificate has been revoked on the basis of the grounds set out in article 24, paragraph 6, paragraphs 1 to 5, of this Federal Act legal effect from the date on which such withdrawal has been decided. 5. Budgetary research institutions, autonomous scientific institutions, higher education institutions that are budgetary institutions, autonomous institutions that have established an internal export control programme and received Article 16 of this Federal Law has the right to identify controlled goods and technologies related to the implementation of foreign economic activities. activities of economic societies and economic partnerships, the founders of which the scientific institutions or educational organizations are, provided that the subject of the specified foreign economic activity is goods, information, works, services created using results Intellectual activity, exclusive rights of which belong to scientific institutions or educational organizations. 6. The procedure for the identification of controlled goods and technologies, the form of the identification report and the rules of its filling shall be established by the Government of the Russian Federation. Law of 21 December 2013 N 372-FZ) Article 24-1. Export Control Specialist 1. An export control specialist can be a natural person provided that it meets the following requirements: 1) is a citizen of the Russian Federation and has no citizenship of a foreign state; 2) has higher education; 3) has the specialized knowledge and skills required to identify controlled goods and technologies; 4) does not have an uncollected or uncommitted criminal record for an intentional crime. 2. A document confirming that the individual meets the requirements specified in paragraph 1 of this article is a qualification certificate in the field of export control. The export control specialist, who has the qualification certificate, may be authorized by the Russian participant in the foreign economic activity of which this specialist is a worker to certify his signature The identification report referred to in article 24 of this Federal Act. Activities as an export control specialist can be combined with other work duties. 3. The qualification certificate of export control is issued by a specially authorized federal executive authority in the field of export control, provided that the applicant for the qualification Certificate, pass the qualifying exam. The qualification examination shall be taken by a qualification board formed by a specially authorized federal executive branch in the field of export control. In this case, persons who meet the requirements of paragraph 1 of this article shall be allowed to pass the qualifying examination, regardless of their special training to take the examination. The qualification certificate for export control is not limited. 4. The procedure for issuing the qualification certificate of an export control specialist and its form, the program of the qualification examination and the procedure for holding it, the list of documents required for admission to the qualifying examination are approved The competent federal executive authority in the field of export control. Information on the issuance of this qualification certificate is posted on the official website of the specially authorized federal executive authority in the field of export control in the Internet Information and Telecommunications Network (hereinafter referred to as the Internet). "Internet"). 5. The export control specialist is obliged to receive training in licensed programs every three years from the year following the receipt of the qualification certificate of an export control specialist Educational activities of higher education educational institutions or supplementary vocational training organizations for additional professional programmes developed by these organizations In the light of the needs of the Designated Federal Authority, in the field of export control. The model additional professional programmes are approved by a specially authorized federal executive branch in the field of export control. 6. The qualification certificate of the export control specialist shall be withdrawn in the case of: (1) establishing the fact of obtaining a qualification certificate for export control by fraudulent documents, or false information; 2) signing by an expert in the field of export control of an identity certificate recognized by the court to be known to be false; 3) repeated in the course of the year of administrative liability for the commission of administrative offences under the Articles 14.20, 16.1, 16.2, 16.3 or 16.7 of the Russian Federation Code of Administrative Offences, a specialist in the field of export control or a Russian participant in the foreign economic activity that is an employer Specialist, provided that these offences were the result of failure or improper performance by a specialist in the field of export control of their duties; 4) admission to a specially authorized federal body authorities in the field of export control of information on The entry into force of a court sentence that provides for the punishment of an expert in the field of export control for intentional crime; 5) Export control information on the entry into force of a court sentence of deprivation of the right to engage in activities as an export control expert for a certain period of time. committing a crime by negligence; 6) OF THE PRESIDENT OF THE RUSSIAN FEDERATION Additional professional programmes set out in paragraph 5 of this article, with the exception of a failure to comply with this requirement for valid reasons; 8) a specialist in the field of export controls Federal Government Commissioner for Export (b) Control of the request for revocation of the qualification certificate of the export control specialist. 7. The decision to withdraw the qualification certificate of an expert in the field of export control is made by a specially authorized federal executive authority in the field of export control, in order and within the time limits set by that body. The decision to withdraw the qualification certificate of an expert in the field of export control should indicate the circumstances that gave rise to the decision. A copy of the decision to withdraw the qualification certificate of an expert in the field of export control within one working day after it is handed over to the person against whom the decision was made, as well as to the Russian participant The foreign economic activity of which this person is a worker and the federal executive authority competent in the field of customs affairs. 8. Information on the withdrawal of the qualification certificate of the expert in the field of export control is provided by the specially authorized federal executive authority in the field of export control on its official website on the Internet in Two working days from the date of the decision to withdraw the qualification certificate of the specialist in the field of export control. 9. A person who has a qualification certificate in the field of export control has the right to appeal against the decision to withdraw the qualification certificate in accordance with the procedure established by the legislation of the Russian Federation. 10. A person whose export control qualification certificate has been revoked, has the right to reapply for this qualification certificate: 1) after one year from the date of the decision on Revocation of this qualification certificate, if it is revoked on the basis of paragraph 6 (7) of this article; 2) upon the expiry of the term of the penalty of deprivation of the right to engage in activities as an activity Export Control Specialist and the legally enforceable by a court sentence, for the commission of a crime by negligence, if this qualification certificate has been revoked on the basis of paragraph 6 (5) of this article; 3) after the removal of the grounds for revocation of this qualification certificate on the basis of paragraph 6 (6) of this article; 4) without restriction of any period of time, if this qualification certificate is withdrawn under subparagraph 8 of this article. 11. Re-issuing of a qualification certificate of an export control specialist to a person who has this qualification certificate withdrawn from the grounds referred to in paragraph 6, subparagraphs 1 to 4, of this article, shall not be permitted. (The article is supplemented by the Federal Law of 21 December 2013). N 372-FZ) Article 25. Prohibitions and restrictions on foreign economic activities in relation to goods, information, works, services, results of an intellectual activity (rights to them), which can be used to create weapons of mass defeat, means of delivery, other types of armament and military equipment, or in preparation and (or) Terrorist Acts Federal Law of 29.11.2007 N 283-FZ In order to protect the national interests and fulfill the international obligations of the Russian Federation, bans and restrictions on foreign economic activities may be imposed on goods, information, works, etc. services, the results of intellectual activity (rights to them)that can be used in the creation of weapons of mass destruction, their means of delivery, other types of weapons and military equipment, or The preparation and (or) commission of terrorist acts. (In the wording of Federal Law of 29.11.2007) N 283-FZ) Restrictions and restrictions on foreign economic activities in relation to goods, information, works, services, results of intellectual activity (rights to them)that can be used in The creation of weapons of mass destruction, their means of delivery, other types of weapons and military equipment, or in the preparation and (or) commission of terrorist acts,established in respect of certain foreign States, OF THE PRESIDENT OF THE RUSSIAN FEDERATION introduced by federal laws. (In the wording of Federal Law of 29.11.2007) N 283-FZ) Restrictions and restrictions on foreign economic activities in relation to goods, information, works, services, results of intellectual activity (rights to them)that can be used in The creation of weapons of mass destruction, their means of delivery, other types of weapons and military equipment, or in the preparation of and (or) the commission of terrorist acts,established in accordance with international obligations OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation. N 283-FZ) Restrictions and restrictions on foreign economic activities in relation to goods, information, works, services, results of intellectual activity (rights to them)that can be used in the creation of weapons of mass destruction, their means of delivery, other types of weapons and military equipment, or the preparation and (or) commission of terrorist acts,established in respect of certain foreign persons engaged in Non-proliferation activities weapons of mass destruction and their means of delivery, are introduced by the Government of the Russian Federation. (In the wording of the Federal Law dated 29.11.2007 N 283-FZ) CHAPTER IV. { \b Ensuring the } { \b EXPORTS } { \b } { \b } { \b } { \b } { \b } Obtaining information about the reasons for the adopted decision, action (inaction) Russian participant in foreign economic activity, in respect of which the federal executive branch has taken a decision related to The Russian Federation has the right to export control issues, as well as a Russian foreign economic actor for which such a decision has not been made within the period stipulated by the legislation of the Russian Federation, within two months from the date of adoption. of such a decision or the expiry of the period of its adoption The authority with the request for reasons and reasons for the decision or lack of action. The request is subject to review by the federal executive authority within one month. When the request is made in writing, the reply must also be given in writing. Article 27. Publication of regulatory legal acts in the Export Control Area Russian Federation's regulatory legal acts in the field of export control, as well as regulatory texts issued by federal executive authorities Legal acts in the field of export control shall be officially published in accordance with the procedure established by the legislation of the Russian Federation. Article 28. Information on the normative legal acts in the field of export control Information on the normative legal acts referred to in article 27 of this Federal Act, including the title of the legal act; The publication, in which such an act is published, is provided by a specially authorized federal executive branch in the field of export control to all interested Russian participants in foreign economic activities; Citizens are free of charge. CHAPTER V. INTERNATIONAL COOPERATION OF THE RUSSIAN FEDERATION IN EXPORT CONTROLLER Article 29. The objectives and forms of international cooperation of the Russian Federation in the field of export control International cooperation of the Russian Federation in the field of export control is carried out in order to: Coordinating and interacting with foreign States to prevent the proliferation of weapons of mass destruction, their means of delivery, and their creation technologies; international relations; " Conditions for the integration of the Russian Federation's economy into the world economy on an equal and mutually beneficial basis; strengthening the participation of the Russian Federation in the international exchange of goods, information, work, services, results Intellectual activity (rights to them), increased opportunities for Russian participants in foreign economic activity to the world markets of high technologies; (In the wording of Federal Law dated 29.11.2007 N 283-FZ) to improve international and domestic export control mechanisms, to detect violations of the export control legislation of the Russian Federation and their perpetrators. International cooperation of the Russian Federation in the field of export control is carried out through the participation of the Russian Federation in international export control regimes and international forums, negotiations and Consultations with foreign States, mutual exchange of information and joint programmes and other activities in this area on a bilateral and multilateral basis. [ [ Federal executive authorities]] cooperate in the field of export control with international organizations, state bodies and foreign non-governmental organizations within their borders OF THE PRESIDENT OF THE RUSSIAN FEDERATION Russian Federation promotes contacts and exchange of information between Russian public organizations and foreign non-governmental organizations whose objectives are to promote effective functioning Domestic export control mechanisms. Chapter VI: RESPONSIBILITY FOR THE VIOLATION OF LEGISLATION IN THE AREA OF EXPORT CONTROLLING Article 30. Violation of the Russian Federation's legislation in the area of export control Violation of the Russian Federation's export control legislation is: goods, information, works, services, results of intellectual activity (rights to them), which are subject to export control under Articles 6 and 20 of this Federal Law Licenses or permits; Law of 29.11.2007 N 283-FZ) obtain licenses or permits to carry out foreign economic transactions with goods, information, works, services, results of intellectual activity (rights to them), on which are subject to export controls under articles 6 and 20 of this Federal Act by providing false documents or containing false information of documents; Law dated 29.11.2007 N 283-FZ) violation of requirements and conditions of licenses or permits for foreign economic transactions involving goods, information, works, services, results of intellectual activity (rights to (a), which is subject to export control under articles 6 and 20 of this Federal Act; (Federal Act dated 29.11.2007 EN 283-FZ Failure or improper execution of the requirements of the specially authorized federal executive authority in the area of export control; Federal executive authorities exercising authority in the field of export control, of their functions; Unjustified refusal to provide information requested by the federal legislative and executive bodies authorities for export control, distortion or concealment; violation of the established procedure for accounting for foreign economic transactions with goods, information, work, services, intellectual performance of (right to them) for purposes of export Control. (In the wording of Federal Law of 29.11.2007) N 283-FZ) Article 31. Responsibility of officials of organizations and citizens for violations of Russian legislation of the Export Control Federation Officials of organizations and citizens guilty of violations OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 32. The responsibility of organizations for infraction of the Russian Federation law in the export control area 1. (Spconsumed by Federal Law of 30 December 2001) N196-FZ) 2. In the case of an offence set forth in article 30 of this Federal Act, which entailed substantial damage to the political and economic interests of the Russian Federation, " The defense of the country and the security of the state, or committed repeatedly, may be deprived of the right to engage in certain types of foreign economic activity for up to three years. (In the wording of Federal Law of 29.11.2007) N 283-FZ) The Government of the Russian Federation shall decide on the deprivation of the organization's right to engage in certain types of foreign economic activity, with the submission of an interdepartmental coordinating body for export Control. Article 33. Appeals against decisions and actions (inaction) of the federal executive authorities and their officials Decisions and actions (inaction) of the federal executive authorities and their officials The implementation of export controls may be appealed to the court in accordance with the legislation of the Russian Federation. Chapter VII. FINAL PROVISIONS Article 34. Entry into force of this Federal Law 1. This law shall enter into force on the date of its official publication. 2. Invite the President of the Russian Federation and instruct the Government of the Russian Federation to bring its normative legal acts into conformity with this Federal Law. President of the Russian Federation B. Yeltsin Moscow, Kremlin 18 July 1999 N 183-FZ