On Amendments To Certain Legislative Acts Of The Russian Federation In Connection With The Improvement Of The Monitoring Of Precursors Of Narcotic Drugs And Psychotropic Substances

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации в связи с совершенствованием контроля за оборотом прекурсоров наркотических средств и психотропных веществ

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RUSSIAN FEDERATION FEDERAL LAW on amendments to certain legislative acts of the Russian Federation in connection with the improvement of the monitoring of precursors of narcotic drugs and psychotropic substances adopted by the State Duma on June 24, 2009 years approved by the Federation Council July 7, 2009 year (as amended by the Federal law dated 04/N 99-FL) Article 1 amend the Federal law dated January 8, 1998, N 3-FZ "on Narcotic Drugs and psychotropic substances" (collection of laws of the Russian Federation , 1998, N 2, art. 219; 2002, N 30, art. 3033; 2003, N 2, art. 167; N 27, art. 2700; 2004, no. 49, St. 4845; 2005, no. 19, art. 1752; 2006, no. 43, St. 4412; N 44, art. 4535; 2007, N 30, art. 3748; N 31, art. 4011; 2008, no. 30, art. 3592; N 48, art. 5515; N 52, art. 6233) as follows: 1) in the preamble, the words "psychotropic substances" were replaced by the words "psychotropic substances and their precursors";
2) in article 1: (a)) paragraph six, after the words "or psychotropic substances" add the words "or one or several precursors";
b) in the seventh paragraph, the words "and their precursors", delete;
in the eleventh paragraph) shall be amended as follows: "processing of narcotic drugs, psychotropic substances and their precursors-action that occur refining (removal of impurities), increase in drug concentrations of narcotic drugs, psychotropic substances or their precursors, as well as receipt of the narcotic drugs, psychotropic substances or their precursors of other narcotic drugs, psychotropic substances or their precursors or substances are not drugs narcotic drugs, psychotropic substances or their precursors ";
g) supplement paragraphs reading as follows: ' trafficking in precursors-development, production, processing, storage, transport, transfer, sale, acquisition, use, import into the customs territory of the Russian Federation, the removal from the customs territory of the Russian Federation, the destruction of precursors, authorized and controlled in accordance with the legislation of the Russian Federation;
the production of precursors-action aimed at obtaining ready-to-use and (or) consumption of precursors of chemical substances and (or) plants. ";
3) in article 2: (a) in paragraph 1): the fifth paragraph, the words "(hereinafter referred to as Schedule IV)." should be replaced by the words "(hereinafter referred to as Schedule IV), including:";
supplement paragraphs read as follows: "table of precursors, turnover in the Russian Federation is limited and for which establish special control measures (hereinafter referred to as the table I);
table of precursors, turnover in the Russian Federation is limited and for which establishes the General control measures (hereinafter Schedule II);
table of precursors, turnover in the Russian Federation is limited and for which permitted the exclusion of certain control measures (hereinafter referred to as Table.) ";
b) shall be amended with paragraph 1-1 as follows: "1-1. When generating tables precursors referred to in paragraph 1 of this article, it should be borne in mind: the peculiarities of physical-chemical properties of specific substances;
the scope and volume of turnover of specific substances in international trade;
scope and use of specific substances in industry and everyday life;
the availability of reliable information about the facts of use of specific substances in the illicit manufacture of narcotic drugs and psychotropic substances. ";
4) in article 4: (a)) in the title the words "psychotropic substances" were replaced by the words "psychotropic substances and their precursors";
b) paragraph 1 shall be amended as follows: "1. State policy in the field of narcotic drugs, psychotropic substances and their precursors, as well as to counter their illicit trafficking aimed at establishing strict control over narcotic drugs, psychotropic substances and their precursors, the gradual reduction in the number of drug addicts, reducing the number of offences related to illicit trafficking in narcotic drugs, psychotropic substances and their precursors.";
in paragraph 2): in the first paragraph, the words "psychotropic substances" were replaced by the words "psychotropic substances and their precursors";
eighth paragraph, after the words "psychotropic substances", add the words "and their precursors";
supplemented by a paragraph reading: "licensing activities related to the production, processing, storage, sales, purchasing and using precursors made in table I List IV.";
5) in article 5: (a)) the name shall be supplemented with the words "and their precursors";
b) shall be amended with paragraph 7 to read as follows: "7. Importation (exportation) precursors made in table I, IV List by State unitary enterprises";
6) in the title of chapter II the words "psychotropic substances" were replaced by the words "psychotropic substances and their precursors";
7) in article 6: (a)) in the title the words "psychotropic substances" were replaced by the words "psychotropic substances and their precursors";
b) in paragraph 1 the words "psychotropic substances" were replaced by the words "psychotropic substances and their precursors";
in) in paragraph 2 the words "psychotropic substances" were replaced by the words "psychotropic substances and their precursors";
8) in article 7: (a)) in the title the words "psychotropic substances" were replaced by the words "psychotropic substances and their precursors";

b) in paragraph 1 the words "psychotropic substances" were replaced by the words "psychotropic substances and their precursors";
in paragraph 3), the words "psychotropic substances" were replaced by the words "psychotropic substances and their precursors";
9) article 28: (a)) paragraph 1 shall be amended as follows: ' 1. Import (export) of narcotic drugs, psychotropic substances and precursor chemicals import (export) made to Table I of the list of IV, implemented state unitary enterprise in the manner prescribed by the Government of the Russian Federation, subject to the availability of licenses for the import (export) of narcotic drugs, psychotropic substances and their precursors, issued by the federal body of executive power executing State regulation of foreign trade activities in accordance with the Federal law of December 8, 2003 N 164-FZ "on the bases of State regulation of foreign trade activities" (hereinafter referred to as the Federal law on fundamentals of State regulation of foreign trade activities ").";
b) paragraph 2 shall be amended as follows: "2. Importation (exportation) precursors introduced in table II and table III List IV, is carried out by legal persons irrespective of their form of ownership, subject to the availability of licenses for the import (export) of narcotic drugs, psychotropic substances and their precursors, issued by the federal body of executive power executing State regulation of foreign trade activities, in accordance with the Federal law on the bases of State regulation of foreign trade activities" except as provided by paragraph 3 of this article. ";
in) paragraph 3 shall be amended as follows: "3. In order to obtain a license for the right of the import (export) of narcotic drugs, psychotropic substances and their precursors legal persons must be received the certificate on the right of the import (export) of narcotic drugs, psychotropic substances and their precursors (if they are drugs) and permission to import (export) of narcotic drugs, psychotropic substances and their precursors, issued by the authorized federal executive authorities in order established by the Government of the Russian Federation.
The specified certificate and permission may not be transferred to another legal entity.
Entrepreneurs do not have the right to carry out activities on import (export) of narcotic drugs, psychotropic substances and their precursors.
To import (export) of specific precursors introduced in table III List IV, without registration of a license in the amount and within the time limits established by the Government of the Russian Federation.
List of precursors, importation (exportation) which permitted without a licence, shall be established by the Government of the Russian Federation. ";
g) in paragraph 4: the first paragraph shall be reworded as follows: "4. in order to obtain a certificate and the permit for the import (export) of narcotic drugs, psychotropic substances or their precursors legal entity shall submit to the appropriate federal bodies of executive power statements must include:";
in the third paragraph, the words "the name and legal address of the State unitary enterprise" were replaced by the words "the name and address of the place of location of a legal entity";
in the fifth paragraph, the words "or psychotropic substance" should be replaced by the words "psychotropic substances or their precursors";
in the sixth paragraph, the words "or psychotropic substance" should be replaced by the words "psychotropic substances or their precursors";
d) paragraph 5 shall be amended as follows: "5. The Federal Executive authority for the control of trafficking in narcotic drugs and psychotropic substances shall submit to the relevant competent authority of the State on whose territory the export of precursors, prior notification in accordance with the international treaties of the Russian Federation, including the United Nations Convention against illicit traffic in narcotic drugs and psychotropic substances of 1988 year.";
(e)) paragraph 6 shall be amended as follows: "6. The Customs authorities make a mark on the reverse side of the license for the right to import (export) on the receipt of a particular batch of narcotic drugs, psychotropic substances or their precursors.";
w) in paragraph 7, the word "certificate" should be replaced by the word "licence";
w) in paragraph 10, the words "paragraph 11" were replaced by the words "paragraphs 8-1, 11 and 12";
and shall be amended with paragraph 12) as follows: "12. Import (export) of narcotic drugs, psychotropic substances and their precursors, military units and departments of federal executive authorities, in which the legislation of the Russian Federation provides for military service, in order to ensure that their activities are carried out without a license in the manner prescribed by the Government of the Russian Federation. ";
10) article 30 shall be amended as follows: "article 30. General provisions on the control of precursors 1. Trafficking in precursors introduced in Schedule IV, is governed by this federal law, other federal laws and adopted in accordance with them and other normative legal acts of the Russian Federation.
2. Special measures for the control of precursors, made the list in table I (IV) include:

licensing activities related to the production, processing, storage, sales, purchase and use of precursors, in accordance with the legislation of the Russian Federation about licensing separate kinds of activity;
restrictions on admission of persons to the work directly related to precursors;
establish rules for production, processing, storage, sale, purchase, use and destruction of precursors;
establish requirements for reporting on activities related to trafficking in precursors;
licensing of foreign trade in precursors;
establishing security requirements of activities connected with trafficking of precursors, and exclude access by unauthorized persons;
registration in the journals of any transactions involving precursors.
3. General measures for monitoring the trafficking of precursors, made the list in table II (IV) include: definition of rules for the production, processing, storage, sale, purchase, use and destruction of precursors;
establish requirements for reporting on activities related to trafficking in precursors;
licensing of foreign trade in precursors;
establishing security requirements of activities connected with trafficking of precursors, and exclude access by unauthorized persons;
registration in the journals of any transactions involving precursors.
4. trafficking in precursors control measures introduced in table III IV List include: the setting of reporting requirements on activities related to trafficking in precursors;
licensing of foreign trade in precursors;
establishing security requirements of activities connected with trafficking of precursors, and exclude access by unauthorized persons;
registration in the journals of any transactions involving precursors.
5. admission of persons suffering from diseases of addiction, substance abuse, chronic alcoholism, as well as having outstanding or removed from conviction for an offence of medium gravity, serious and particularly serious offence or as an offence connected with illicit trafficking in narcotic drugs, psychotropic substances and their precursors, to work directly related to precursors, as in Table I of the list of IV is prohibited.
6. A list of persons who have access to the work directly related to precursors, as in Table I of the list of alleged leader of the IV, a legal entity or individual entrepreneur.
7. Legal entities and individual entrepreneurs can carry out activities related to trafficking in precursors made in Table I of the list of IV, subject to the provisions of the third paragraph of article 28, paragraph 3 of this federal law on provision of the following documents: certificates issued by agencies of the State or municipal health care system, lack of employees who by virtue of their duties will have access to the precursors of diseases of addiction, substance abuse chronic alcoholism, in the manner prescribed by the legislation of the Russian Federation;
conclusion of bodies to monitor the trafficking of narcotic drugs and psychotropic substances that workers who by virtue of their duties will have access to the precursors, outstanding or appeal conviction for an offence of medium gravity, serious and particularly serious offence or as an offence connected with illicit trafficking in narcotic drugs, psychotropic substances and their precursors, including those committed outside the Russian Federation.
8. The procedure for admission of persons to the activities connected with trafficking of precursors made in Table I of the list of IV, shall be established by the Government of the Russian Federation.
9. Legal entities and individual entrepreneurs can use in the exercise of its own manufacture precursors made in table I and table II of the list of IV, in quantities not exceeding their production needs, which are determined in the manner prescribed by the federal body of executive power that carries out the functions of legal regulation in the sphere of industrial complex.
10. rules for production, processing, storage, sale, purchase, use, transportation and destruction of precursors made in table I and table II of the list of IV, shall be established by the Government of the Russian Federation.
11. Legal entity and individual entrepreneur engaged in activities related to trafficking in precursors, subject to the provisions of paragraph 3 of the third paragraph of article 28 of this federal law, shall be provided with conditions to ensure the safety of such activities and exclude access to precursors by unauthorized persons.

12. in carrying out activities connected with trafficking of precursors, any operations that change their number, shall be recorded in special registers of persons on whom the obligation rests with the head of a legal entity or individual entrepreneur. These logs are kept for 10 years after their last record. The order of reference and store the logs shall be established by the Government of the Russian Federation.
13. In cases of violation of the rules of trafficking of precursors by a legal entity, the individual entrepreneur or someone with access to the work directly related to precursors, such persons are liable in accordance with the legislation of the Russian Federation. ";
11) article 34: (a) the words ") in the title and psychotropic substances" were replaced by the words ", psychotropic substances and their precursors";
b) in paragraph 1 the words "and psychotropic substances" were replaced by the words ", psychotropic substances and their precursors";
12) article 35: (a) the words ") in the title and psychotropic substances" were replaced by the words ", psychotropic substances and their precursors";
b), the words "with the use of narcotic drugs and psychotropic substances" were replaced by the words "with the use of narcotic drugs, psychotropic substances and their precursors";
13) article 36: (a) the words ") in the title and psychotropic substances" were replaced by the words ", psychotropic substances and their precursors";
b), the words "and psychotropic substances" were replaced by the words ", psychotropic substances and their precursors";
14) supplemented by article 36-1 to read as follows: "article 36-1. The use of narcotic drugs and psychotropic substances, military forces the use of narcotic drugs and psychotropic substances, military units and departments of federal executive authorities, in which the legislation of the Russian Federation provides for military or law enforcement service, participating in armed conflict, the combat events, performing combat and combat-training tasks is without a license in the manner prescribed by the appropriate federal body of executive power in consultation with the Federal Executive Body for monitoring the trafficking of narcotic drugs and psychotropic substances. ";
15) in article 37: (a) the words ") in the title and psychotropic substances" were replaced by the words ", psychotropic substances and their precursors";
b) in paragraph 1: the first paragraph shall be reworded as follows: "1. Legal persons carrying out activities related to the trafficking of narcotic drugs and psychotropic substances, legal entities and individual entrepreneurs engaged in activities related to trafficking in precursors made in table I and table II of the list of IV, subject to the provisions of the third paragraph of article 28, paragraph 3 of this federal law, as well as carrying out the production of precursors made in table III IV List must submit in the form and manner established by the Government of the Russian Federation, the following information: ";
in the second paragraph, the words "or psychotropic substance" should be replaced by the words "psychotropic substances or their precursors made in table I and table II of the list of IV, as well as the number of each produced a precursor in table III List IV";
in the third paragraph, the words "and psychotropic substance" should be replaced by the words "psychotropic substances or their precursors made in table I and table II of the list of IV, produced quantity of each precursor in table III IV List";
in) paragraph 2, after the words "Government quotas" add the words ", as well as precursors, made in table I and table II of the list of IV, and on the production of precursors made in table III List IV";
16) article 38: (a) the words ") in the title and psychotropic substances" were replaced by the words ", psychotropic substances and their precursors";
b) in paragraph 1 the words "and psychotropic substances" were replaced by the words ", psychotropic substances and their precursors";
17) article 58, paragraph 3, the words "and psychotropic substances" were replaced by the words ", psychotropic substances and their precursors";
18) article 59, paragraph 6, the words "or psychotropic substances" were replaced by the words "psychotropic substances or their precursors".
Article 2 (repealed-the Federal law dated 04/N 99-FL) Article 3 this federal law shall enter into force on the expiry of one year after the date of its official publication.
Russian President Dmitry Medvedev in Moscow, the Kremlin July 18, 2009 N 177-FZ

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