ORDER OF THE FEDERAL SERVICE FOR TECHNICAL AND EXPORT CONTROL

of October 28, 2008 No. 313

About approval of Administrative regulations of the Federal Service for Technical and Export Control on execution of the state function on implementation (within the competence) non-tariff regulation of foreign trade activity, including issue of licenses for implementation of transactions on export and (or) commodity import (works, services), information, results of intellectual activities (the rights to them) in cases, stipulated by the legislation the Russian Federation

According to the Regulations on the Federal Service for Technical and Export Control approved by the Presidential decree of the Russian Federation of August 16, 2004 N 1085 (The Russian Federation Code, 2004, N 34, Art. 3541; 2005, N 13, Art. 1138; 2006, N 49, part II, the Art. 5192), and the order of the Government of the Russian Federation of November 11, 2005 N 679 "About the Procedure for development and approval of administrative regulations of execution of the state functions (provision of the state services)" (The Russian Federation Code, 2005, N 47, Art. 4933; 2007, N 50, Art. 6285; 2008 N 18, Art. 2063) order:

Approve the enclosed Administrative regulations of the Federal Service for Technical and Export Control on execution of the state function on implementation (within the competence) non-tariff regulation of foreign trade activity, including issue of licenses for implementation of transactions on export and (or) commodity import (works, services), information, results of intellectual activities (the rights to them) in cases, stipulated by the legislation the Russian Federation.

Approved by the order of the Federal Service for Technical and Export Control of October 28, 2008, No. 313

Administrative regulations of the Federal Service for Technical and Export Control on execution of the state function on implementation (within the competence) non-tariff regulation of foreign trade activity, including issue of licenses for implementation of transactions on export and (or) commodity import (works, services), information, results of intellectual activities (the rights to them) in cases, stipulated by the legislation the Russian Federation

I. General provisions

1. The administrative regulations of the Federal Service for Technical and Export Control on execution of the state function on implementation (within the competence) non-tariff regulation of foreign trade activity, including issue of licenses for implementation of transactions on export and (or) commodity import (works, services), information, results of intellectual activities (the rights to them) in cases, stipulated by the legislation the Russian Federation (further - Regulations), determine terms and the sequence of actions (ministerial procedures) of the Federal Service for Technical and Export Control (further - FSTEC of Russia) when implementing (within the competence) powers by non-tariff regulation of foreign trade activity, including issue of licenses for implementation of transactions on export and (or) commodity import (works, services), information, results of intellectual activities (the rights to them) in cases, stipulated by the legislation the Russian Federation (further - non-tariff regulation of foreign trade activity when implementing export control).

2. Execution of the state function on non-tariff regulation of foreign trade activity when implementing export control is performed according to:

The Federal Law of July 18, 1999 N 183-FZ "About export control" (The Russian Federation Code, 1999, N 30, Art. 3774; 2002, N 1, part I, Art. 2; 2004, N 27, Art. 2711; 2005, N 30, part I, Art. 3101; 2007, N 49, Art. 6044, Art. 6079);

The Federal Law of May 2, 2006 N 59-FZ "About procedure for consideration of addresses of citizens of the Russian Federation" (The Russian Federation Code, 2006, N 19, the Art. 2060);

The presidential decree of the Russian Federation of February 14, 1996 N 202 "About approval of the List of the nuclear materials, the equipment, special non-nuclear materials and appropriate technologies falling under export control" (The Russian Federation Code, 1996, N 8, Art. 742; 1997, N 4, Art. 523, N 20, Art. 2234; 2000, N 19, Art. 2062, N 26, Art. 2749; 2004, N 6, Art. 411; 2005, N 47, Art. 4879);

The presidential decree of the Russian Federation of January 29, 2001 N 96 "About Russian Export Control Commission" (The Russian Federation Code, 2001, N 6, Art. 550; 2002, N 25, Art. 2398; 2005, N 18, Art. 1664);

The presidential decree of the Russian Federation of August 8, 2001 N 1005 "About approval of the List of the equipment, materials and technologies which can be used during creation of rocket weapon and concerning which export control" (The Russian Federation Code, 2001, N 33, part II, Art. 3441 is established; 2004, N 8, Art. 636; 2005, N 49, Art. 5203; 2007, N 33, Art. 4185);

The presidential decree of the Russian Federation of August 28, 2001 N 1082 "About approval of the List of chemicals, the equipment and technologies which can be used during creation of chemical weapon and concerning which export control" (The Russian Federation Code, 2001, N 36, is established by Art. 3542; 2007, N 6, Art. 730);

The presidential decree of the Russian Federation of January 14, 2003 N 36 "About the approval of the List of the equipment and materials of dual purpose and appropriate technologies applied in the nuclear purposes concerning which export control" (The Russian Federation Code, 2003, N 3, is exercised by Art. 208; 2006, N 42, Art. 4349);

The presidential decree of the Russian Federation of May 5, 2004 N 580 "About approval of the List of goods and dual-use technologies which can be used during creation of arms and military equipment and concerning which export control" (The Russian Federation Code, 2004, N 19, part II, Art. 1881 is exercised; 2005, N 49, Art. 5201; 2008, N 10, part II, Art. 912);

The presidential decree of the Russian Federation of August 16, 2004 N 1085 "Questions of the Federal Service for Technical and Export Control" (The Russian Federation Code, 2004, N 34, Art. 3541; 2005, N 13, Art. 1138; 2006, N 49, part II, Art. 5192);

The presidential decree of the Russian Federation of August 20, 2007 N 1083 "About approval of the List of the microorganisms, toxins, the equipment and technologies which are subject to export control" (The Russian Federation Code, 2007, N 35, the Art. 4288);

the order of the Government of the Russian Federation of September 29, 1998 N 1132 "About first-priority measures for legal protection of interests of the state in the course of economic and civil circulation of results research, it is pilot design and technological works of military, special and dual purpose" (The Russian Federation Code, 1998, N 40, Art. 4964; 1999, N 51, Art. 6354; 2000, N 52, part II, Art. 5153; 2001, N 17, Art. 1715; N 24, of Art. 2459; N 26, of Art. 2677; N 40, of the Art. 3843);

the order of the Government of the Russian Federation of December 15, 2000 N 973 "About export and import of nuclear materials, the equipment, special non-nuclear materials and appropriate technologies" (The Russian Federation Code, 2000, N 52, part II, Art. 5153; 2001, N 36, Art. 3571; 2002, N 41, Art. 3983; 2005, N 7, Art. 562; 2006, N 52, part III, Art. 5589; 2007, N 45, Art. 5506);

the order of the Government of the Russian Federation of April 16, 2001 N 294 "About approval of Rules of conducting state examination of the external economic transactions with goods, information, works, services and results of intellectual activities (the rights to them) concerning which export control" (The Russian Federation Code, 2001, N 17, is established by Art. 1713; 2005, N 7, Art. 562; 2008, N 30, part II, Art. 3627);

the order of the Government of the Russian Federation of April 16, 2001 N 296 "About approval of the Regulations on control of foreign economic activity concerning the equipment, materials and technologies which can be used during creation of rocket weapon" (The Russian Federation Code, 2001, N 17, by Art. 1715; N 41, of Art. 3959; 2002, N 41, Art. 3983; 2005, N 7, Art. 562);

the order of the Government of the Russian Federation of June 7, 2001 N 447 "About approval of the Regulations on control of foreign economic activity concerning goods and dual-use technologies which can be used during creation of arms and military equipment" (The Russian Federation Code, 2001, N 24, by Art. 2459; 2002, N 41, Art. 3983; 2004, N 20, Art. 1949; 2005, N 7, Art. 562);

the order of the Government of the Russian Federation on June 14, 2001 N 462 "About approval of the Regulations on control of foreign economic activity concerning the equipment and materials of dual purpose, and also the appropriate technologies applied in the nuclear purposes" (The Russian Federation Code, 2001, N 26, Art. 2677; 2003, N 7, Art. 643; 2005, N 7, Art. 560, Art. 562);

the order of the Government of the Russian Federation of August 29, 2001 N 634 "About approval of the Regulations on control of foreign economic activity concerning microorganisms, toxins, the equipment and technologies" (The Russian Federation Code, 2001, N 37, Art. 3683; 2002, N 41, Art. 3983; 2005, N 7, Art. 562; 2007, N 38, Art. 4556; 2008, N 35, Art. 4038);

the order of the Government of the Russian Federation of September 24, 2001 N 686 "About approval of the Regulations on control of foreign economic activity concerning chemicals, the equipment and technologies which can be used during creation of chemical weapon" (The Russian Federation Code, 2001, N 40, by Art. 3843; 2002, N 41, Art. 3983; 2005, N 7, Art. 562; 2007, N 6, Art. 760);

N 517 "About procedure for receipt of permission of Russian Export Control Commission to implementation of the external economic transactions with goods, information, works, services, results of intellectual activities (the rights to them) which can be used by foreign state or the foreign person for the purpose of creation of weapons of mass destruction and means of its delivery, other types of arms and military equipment or are acquired by the order of the Government of the Russian Federation of August 15, 2005 for the benefit of the organizations or the physical persons involved in terrorist activities" (The Russian Federation Code, 2005, N 34, Art. 3509; 2008, N 30, part II, Art. 3645);

the order of the Government of the Russian Federation of September 15, 2008 N 691 "About approval of the Regulations on licensing of the external economic transactions with goods, information, works, services, results of intellectual activities (the rights to them) concerning which export control" (The Russian Federation Code, 2008, N 38, by the Art. 4324) is established.

3. Non-tariff regulation of foreign trade activity when implementing export control represents the state function performed by FSTEC of Russia for the purpose of protection of national interests and ensuring accomplishment of the international obligations of the Russian Federation when implementing the external economic transactions with goods, information, works, services, results of intellectual activities (the rights to them) which can be used during creation of weapons of mass destruction, means of its delivery, other types of arms and military equipment or by preparation and (or) making of acts of terrorism and concerning which the legislation of the Russian Federation establishes export control (further - controlled products).

4. Non-tariff regulation of foreign trade activity when implementing export control is performed in the way:

a) issues of licenses for implementation of the external economic transactions with the controlled products included in the following lists (lists) of controlled goods and technologies approved by presidential decrees of the Russian Federation:

The list of chemicals, the equipment and technologies which can be used during creation of chemical weapon and concerning which the export control approved by the Presidential decree of the Russian Federation of August 28, 2001 N 1082 (further - the List 01) is established;

The list of the microorganisms, toxins, the equipment and technologies which are subject to export control, approved by the Presidential decree of the Russian Federation of August 20, 2007 N 1083 (further - the List 02);

The list of the equipment and the materials of dual purpose and appropriate technologies applied in the nuclear purposes concerning which the export control approved by the Presidential decree of the Russian Federation of January 14, 2003 N 36 (далееСписок 03) is exercised;

The list of the equipment, materials and technologies which can be used during creation of rocket weapon and concerning which the export control approved by the Presidential decree of the Russian Federation of August 8, 2001 N 1005 (further - the List 04) is established;

The list of goods and dual-use technologies which can be used during creation of arms and military equipment and concerning which the export control approved by the Presidential decree of the Russian Federation of May 5, 2004 N 580 (далееСписок 05) is exercised;

The list of the nuclear materials, the equipment, special non-nuclear materials and appropriate technologies falling under the export control approved by the Presidential decree of the Russian Federation of February 14, 1996 N 202 (further - the List 06);

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