Export licensing of dual-use and military goods in

Export licensing of dual-use and military goods in the Russian Federation

System of measures defined by the Russian legislation which implies specific activities related to foreign trade in goods, information, works, services, results of intellectual work and intellectual property rights, which can be used to develop weapons of mass destruction, its delivery means, other weapons and military equipment or to prepare and/or commit terrorist acts

International Obligations Legal Basis of Export Control Nuclear Non. Proliferation Treaty Chemical Weapon Convention Biological and Toxin Weapon Convention UNSCR 1540 Резолюция СБ ООН 1540 (2004) Guidelines of the Multilateral Export Control Regimes Nuclear Suppliers Group Australia Group Missile Technology Control Regime Wassenaar Arrangement National Legislation Federal Law «On Export Control» Decrees of the President of the Russian Federation on control lists Regulations of the Government of the Russian Federation on export control Administrative Regulations of Federal Service for Technical and Export Control

Russia in Multilateral Export Control Regimes

Control Lists Adopted by Presidential Decrees 1. The list of nuclear materials, equipment and technologies 2. The list of dual-use equipment, materials and technologies, used in the nuclear sphere 3. The list of dual-use goods and technologies used for development of weapons and military equipment 4. The list of materials, equipment and technologies that could be used for development of missile armaments. 5. The list of chemicals, equipment and technologies that could be used for development of chemical weapons. 6. The list of microorganisms, toxic substances, equipment and technologies that could be used for development of biological and toxic weapons.

Outline of the Russian Export Control System President Commission on Export Controls Federal Service for Military and Technical Cooperation Government Federal Service for Technical and Export Control Centers of identification ROSCOSMOS ROSATOM Foreign Intelligence Service Ministry of Industry and Trade Federal Security Service Ministry of Defense Exporters Ministry of Foreign Affairs

Key Functions of the Russian Commission on Export Control Identifies national interests in foreign trade in dual-use items elaborates guidelines of Russian export control policy Commission on Export Control of the Russian Federation interagency coordination on export control recommendations on decisions related to export control Technical, organizational and IT support to the Commission on Export Control is provided by the Federal Service for Technical and Export Control of Russia

Main Functions of the Federal Service for Technical and Export Control implementing national export control policy Federal Service for Technical and Export Control preparing regulatory legislation supporting Russia’s participation in multilateral export control regimes non-tariff regulation, including licensing of export/import of controlled items raising public awareness including industry academia and NGOs ICPs and inspections

The Role of Ministry of Foreign Affairs in the Licensing Process Studying the possibility to grant a license taking into account international obligations and political commitments of the Russian Federation, including international treaties, UN sanctions and multilateral export control regimes Assessing missile proliferation risks Taking into consideration economic and political interests of the Russian Federation, the situation in the country/region of an intended supply

Licenses are issued by The Federal Service for Technical and Export Control – a specially authorized governmental service Recipients of Licenses are Russian legal entities or individuals planning foreign economic deals with the controlled items and applying for a license to the Federal Service for Technical and Export Control

There is a state monopoly in the Russian Federation in the field of military-technical cooperation the list of military goods, permitted to be transferred to foreign customers (list № 1) (developed by the FSMTC of Russia, approved by The President of the Russian Federation); the list of states, to which the military purpose products transfer is authorized (list № 2) (developed by the Ministry of Foreign Affairs , approved by The President of the Russian Federation); special procedure for obtaining rights by organizations for exporting military goods (permission and registration) (Is established by the Decree of the President of the Russian Federation dated 10. 09. 2005 № 1062); special procedure for making decisions on the supply of military goods to foreign customers (approval of a particular transaction regarding export (import) of arms and military equipment) (Is established by the Decree of the President of the Russian Federation dated 10. 09. 2005 № 1062); special procedure for licensing of military goods import and export (Is established by the Decree of the President of the Russian Federation dated 10. 09. 2005 № 1062); special procedure for customs control over military goods, when moving across the customs border (customs code);

Consideration of the foreign customer’s request, preparation, negotiation and making decision on the supply of Military Goods (Is established by the Decree of the President of the Russian Federation dated 10. 09. 2005 № 1062) Foreign customer Authorized state bodies request FSMTC of Russia Military. Industrial Complex Enterprises negotiation Task to process the request (2 days) The decision on the supply is taken by the Government of the Russian Federation or The FSMTC of Russia within the list № 1 and № 2 approved by The President of the Russian Federation Ministry of Foreign Affairs ROSOBORON EXPORT draft decision Approval of the draft decision (7 -15 days) Draft Decision on export The President of the Russian Federation The Government of the Russian Federation Ministry of Defence Other authorized state bodies (The Decree of the President of the Russian Federation dated 10. 09. 2005 № 1062) Delivery Decision contract license

Licensing the import and export of military goods (Is established by the Decree of the President of the Russian Federation dated 10. 09. 2005 № 1062) FSMTC of Russia License application, documentation VERIFICATION Execution accuracy, information completeness and reliability Exporter Contract compliance to the decision on the supply Customer legal capacity LICENSE - is a necessary condition for the customs clearance and customs control LICENSE DISMISSAL of license

Control Over End-Use of Supplied Military Goods (Is established by the Enactment of the Government of the Russian Federation dated 6. 10. 2006 № 604) In accordance with the international agreements of the Russian Federation In accordance with the procedure established by the Government of the Russian Federation The following items are subject to control: MANPADS (Enactment of the Government of the Russian Federation dated 6. 10. 2006 № 604) Forms of control Monitoring On-site inspections DECISIONS CONCERNING RE-EXPORT The President of the Russian Federation The Government of the Russian Federation FSMTC of Russia

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