It is registered
Ministry of Justice
Russian Federation
On July 24, 2009 No. 14407
of June 18, 2009 No. 526
About procedures for registration, issue and registration of the import permit and import permit, certificate for re-export and the certificate on introduction from the sea of sturgeon species of fish and products from them, including caviar, and also introduction of changes in them, suspensions of action and cancellation of the specified permissions/certificates
For the purpose of realization of item 4 of the order of the Government of the Russian Federation of September 26, 2005 N 584 "About measures for ensuring accomplishment of the obligations of the Russian Federation following from the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance of March 3, 1973 concerning sturgeon species of fish" (The Russian Federation Code, 2005, N 40, Art. 4037; 2008, N 25, Art. 2979; 2009, N 9, 1101) I order to the Art.:
1. Approve:
procedure for registration, issue and registration of the import permit and import permit of sturgeon species of fish and products from them, including caviar, and also procedure for introduction of changes in them, suspensions of action and cancellation of the specified permissions according to the appendix N 1;
procedure for registration, issue and registration of the certificate for re-export and the certificate on introduction from the sea of sturgeon species of fish and products from them, including caviar, and also procedure for introduction of changes in them, suspensions of action and cancellation of the specified certificates according to the appendix N 2.
2. To direct to management of international cooperation together with Legal support division this order to state registration in the Ministry of Justice of the Russian Federation in 10-day time.
3. I reserve control of execution of this order.
Head
A.A.Krayny
Appendix №1
to the Order of Federal Agency for Fishery of the Russian Federation of June 18, 2009 No. 526
1. This procedure regulates the procedure of registration, issue and registration administrative, the body providing accomplishment of the obligations of the Russian Federation following from the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance of March 3, 1973 * (further - the Convention) Federal Agency for Fishery (further - Administrative authority) import permits and import permits of sturgeon species of fish and products from them, including caviar (further - permissions), and also the procedure of introduction of changes in them, suspensions of action and cancellation of the specified permissions.
2. Issue of permissions is made based on applications which are submitted by the Russian and foreign citizens and legal entities (further - applicants), drawn up according to this Procedure.
3. The application for receipt of permission is submitted to the Administrative authority providing accomplishment of the obligations of the Russian Federation following from the Convention, in writing Russian zayavitelyamina Russian, foreign - in Russian and language of the foreign applicant.
4. In the request for receipt of permission the following data are specified:
4.1 information on the applicant, including the name for legal entities and passport details or other document proving the identity for physical person;
4.2 purpose of export or import:
4.2.1 commercial transactions;
4.2.2 exchange between zoos;
4.2.3 traveling exhibitions;
4.2.4 scientific exchange;
4.2.5 transportation sturgeon and products from them which are in personal property;
4.2.6 transportation sturgeon and products from them for biomedical researches;
4.2.7 transportation sturgeon and products from them for the purposes of education and education;
4.2.8 for cultivation in bondage and artificial cultivation;
4.2.9 execution of the judgment;
4.3 the complete Russian and Latin name sturgeon and products from them and their description;
4.4 quantity and weight sturgeon and products from them;
4.5 origin sturgeon and products from them;
4.6 when exporting from the territory of the Russian Federation of sturgeon species of fish and products from them, including caviar, and also their realization in duty-free shops - information on specially marked packaging;
4.7 the number of the developing caviar sturgeon by types, their hybrid forms and the description of transport container;
4.8 the planned terms of export and import sturgeon and products from them, customs and veterinary check points, type of the vehicle and the scheme of route.
5. Are applied to the request for receipt of permission:
the copies of constituent documents certified in accordance with the established procedure for the Russian legal entities;
the copies of the certificate on entering of the corresponding record into the Unified State Register of Legal Entities or individual entrepreneurs or passport details certified in accordance with the established procedure or other document of the physical person proving the identity;
copies of contracts between the exporter and the importer or other agreement confirming intention of making of import or export sturgeon and products from them;
the paragraph the fifth ceased to be valid according to the Order of Federal Agency for Fishery of the Russian Federation of 25.07.2014 No. 576
verified copies of permissions to production (catch) of sturgeon species of fish (when exporting or importing products of fish breeding (aquaculture) or commodity fish breeding - it is not required);
the copies of the documents confirming the property right of the applicant on sturgeon and products from them according to the civil legislation certified in accordance with the established procedure;
the documents confirming quality sturgeon and products from them;
the original of permission of the exporting country, or competent state body if the exporting country is not the party of the Convention, including the State Parties of the Commonwealth of Independent States;
the document confirming powers of the person for implementation of actions on behalf of the applicant (in case of need)
6. On receipt of the request for permission the Administrative authority transfers it to the Federal state unitary enterprise "All-Russian Research Institute of Fishery and Oceanography" (further - Scientific body) for preparation of the recommendation. The scientific body in time which is not exceeding 1 month from the date of receipt of the request submits the recommendation in Administrative authority for decision making about issue of permission.
7. The scientific body after consideration of the application on issue of permissions has the right to accept the following recommendations:
7.1 on export implementation:
containing conclusion that export does not threaten survival of sturgeon species of fish;
containing conclusion that export threatens survival of sturgeon species of fish;
7.2 on import implementation:
containing conclusion that import is not performed for the purpose of, the sturgeon species of fish menacing to survival;
containing conclusion that preparation and sending live sturgeon, including caviar, is performed with minimum of risk of their damage;
containing conclusion that preparation and sending live sturgeon, including caviar, is performed with risk of their damage, or that import threatens survival of sturgeon species of fish.
8. In time, not exceeding 1 month from the date of receipt of the recommendation of Scientific body, Administrative authority considers the provided materials taking into account the recommendation of Scientific body and informs the applicant on the place, time and procedure for receipt of permission or in writing notifies the applicant on motivated refusal in its issue.
9. The basis for refusal in issue of permission are:
non-presentation by the applicant of documents according to this Procedure;
availability in the documents submitted by the applicant, unreliable information;
negative recommendation of Scientific body;
violation of the law of the Russian Federation when implementing by the applicant of export or import.
10. Each permission is drawn up on the form of the established sample in four copies, signed by the head or the deputy manager of Administrative authority and sealed.
For each batch sturgeon and products from them separate permission is drawn up and when exporting from the territory of the Russian Federation of sturgeon species of fish of products from them, including caviar, and also their realization in duty-free shops - special marking of packaging.
11. Permissions are issued to the applicant in triplicate under list or sent by mail. The fourth copy of permission with visas and the enclosed documents is stored in Administrative authority.
12. The applicant provides to Administrative authority information on actually committed export or import transaction.
13. Storage duration of application documentation - 3 years, razresheniypostoyanno.
14. Import permits and import can be used within 6 months.
If permission was not used all its copies are subject to return to Administrative authority.
15. Modification of the issued permissions in cases of error correction or technical inaccuracies is allowed.
In case of identification of mistakes or technical inaccuracies in the issued permissions the Administrative authority independently, or based on reasonable offers of federal executive bodies, or according to requests of applicants makes corresponding changes to permission within 3 working days.
The applicant who got permission and having the reasons for modification of the issued permission according to this Procedure addresses to Administrative authority, with the request about modification of permission.
The application for modification of the issued permission is submitted by the Russian applicants in Russian, foreign - in Russian and language of the foreign applicant.
The request for modification of the issued permission shall contain the documents or data confirming availability of mistakes or technical inaccuracies, and also the signature of the applicant submitting the application.
Changes in the issued permission are made directly to the original of permission and make sure the signature of person which made changes and seal of Administrative authority.
The basis for refusal of modification of the issued permissions is non-presentation by the applicant of the documents or data confirming availability of mistakes or technical inaccuracies.
In case of dissatisfaction of the request about modification of the issued permission the Administrative authority in writing notifies the applicant on causes of failure.
16. Permissions are subject to registration in Administrative authority.
17. Registration of permission includes:
assignment of registration number;
entering of the corresponding record in the book of registration of permissions.
18. In the book of registration of permissions the following data are entered:
basis of issue of permission;
information about the exporter and the importer (for legal litsnaimenovaniye, legal address; for citizens - surname, name, middle name (in the presence), passport details or other document proving the identity, the residential address);
types sturgeon and products from them permitted for export and import;
registration number of permission, date of its issue;
data on suspension of action of permission or on its cancellation, and also on renewal of its action.
19. Permissions it can be suspended or cancelled according to the recommendation of the secretariat of the Convention if export or import is performed with violation of requirements of the Convention.
20. In case of change of the circumstances which entailed suspension of action of permission, action of permission can be resumed by Administrative authority.
21. Permission is considered renewed from the moment of adoption of the relevant decision on which the Administrative authority notifies the applicant and, if necessary, the secretariat of the Convention.
22. Cancellation of permission is made by content deletion directly of the original of permission and entering into it by Administrative authority of mark about the termination of its action.
23. The Administrative authority informs the secretariat of the Convention on cancellation of permission.
______________________________
* The convention is signed by the USSR 29.03.1974, approved by Council of Ministers of the USSR 04.08.1976.
Appendix № 2
to the Order of Federal Agency for Fishery of the Russian Federation of June 18, 2009 No. 526
1. This procedure regulates the procedure of registration, issue and registration by the administrative authority providing accomplishment of the obligations of the Russian Federation following from the Convention on international trade in the types of wild fauna and flora which are under грозой# disappearances of March 3, 1973 * (further - the Convention) Federal Agency for Fishery (further - Administrative authority) the certificate on re-export and the certificate on introduction from the sea of sturgeon species of fish and products from them, including caviar (daleesertifikata), and also the procedure of introduction of changes in them, suspensions of action and cancellation of the specified certificates.
2. Issue of certificates is made based on applications which are submitted by the Russian and foreign citizens and legal entities (further - applicants), drawn up according to this Procedure.
3. The application for receipt of the certificate is submitted to the Administrative authority providing accomplishment of the obligations of the Russian Federation following from the Convention, in writing Russian zayavitelyamina Russian, foreign - in Russian and language of the foreign applicant.
4. In the request for receipt of the certificate the following data are specified:
4.1 information on the applicant, including the name for legal entities, passport details or other identity document, for physical person;
4.2 the purpose of re-export or introduction from the sea:
4.2.1 commercial transactions;
4.2.2 exchange between zoos;
4.2.3 traveling exhibitions;
4.2.4 scientific exchange;
4.2.5. transportation sturgeon and products from them which are in personal property;
4.2.6. transportation sturgeon and products from them for biomedical researches;
4.2.7. transportation sturgeon and products from them for the purposes of education and education;
4.2.8. for reintroduction and introduction to the native habitat;
4.2.9. for cultivation in bondage and artificial cultivation;
4.2.10. execution of the judgment;
4.3 the complete Russian and Latin name sturgeon and products from them;
4.4 quantity and weight sturgeon and products from them;
4.5 origin sturgeon and products from them;
4.6 when exporting from the territory of the Russian Federation of sturgeon species of fish and products from them, including caviar, and also their realization in duty-free shops - information on specially marked packaging;
4.7 the number of the developing caviar sturgeon by types, their hybrid forms and the description of transport container;
4.8 the planned terms of re-export or introduction from the sea sturgeon and products from them, customs and veterinary check points, type of the vehicle and the scheme of route;
4.9 data on earlier issued permission/certificate for import for receipt of the certificate on re-export.
5. Are applied to the request for receipt of the certificate:
the copies of constituent documents certified in accordance with the established procedure for the Russian legal entities;
the copies of the certificate on entering of the corresponding record into the Unified State Register of Legal Entities or individual entrepreneurs, or passport details certified in accordance with the established procedure or other document of the physical person proving the identity;
copies of contracts between the exporter and the importer or other agreement confirming intention of making of re-export or introduction from the sea sturgeon and products from them;
receipt or payment order on payment of the state fee for issue of the certificate;
verified copies of permissions to production (catch) of sturgeon species of fish (in case of re-export or introduction from the sea of products of fish breeding (aquaculture) or commodity fish breeding - it is not required);
the copies of the documents confirming the property right of the applicant on sturgeon and products from them according to the civil legislation certified in accordance with the established procedure;
the documents confirming quality sturgeon and products from them;
the document confirming powers of the person for implementation of actions on behalf of the applicant (in case of need).
6. On receipt of the request for the certificate the Administrative authority transfers it to the Federal state unitary enterprise "All-Russian Research Institute of Fishery and Oceanography" (further - Scientific body) for preparation of the recommendation. The scientific body in time which is not exceeding 1 month from the date of receipt of the request submits the recommendation in Administrative authority for decision making about issue of the certificate.
7. The scientific body after consideration of the application on issue of the certificate has the right to accept the following recommendations:
7.1 on re-export implementation:
containing conclusion that re-export does not threaten survival of sturgeon species of fish;
containing conclusion that re-export threatens survival of sturgeon species of fish;
7.2 on implementation of introduction from the sea:
containing conclusion that the introduction does not threaten survival of sturgeon species of fish;
containing conclusion that the introduction threatens survival of sturgeon species of fish.
8. In time, not exceeding 1 month from the date of receipt of the recommendation of Scientific body, Administrative authority considers the provided materials taking into account the recommendation of Scientific body and informs the applicant on the place, time and procedure for receipt of the certificate or in writing notifies the applicant on motivated refusal in its issue.
9. The basis for refusal in issue of the certificate on re-export and introduction from the sea sturgeon and products from them are:
non-presentation by the applicant of the documents determined by this Procedure;
availability in the documents submitted by the applicant, unreliable information;
negative recommendation of Scientific body;
violations of the law of the Russian Federation when implementing re-export or introduction from the sea sturgeon and products from them.
10. Each certificate is drawn up on the form of the established sample in four copies, on the first copy (original), signed by the head or the deputy manager of Administrative authority and sealed by corresponding.
For each batch sturgeon and products from them the separate certificate is drawn up and when exporting from the territory of the Russian Federation of sturgeon species of fish and products from them, including caviar, and also their realization in duty-free shops - special marking of packaging.
11. Certificates are issued to the applicant in triplicate under list or sent by mail. The fourth copy of the certificate with visas and the enclosed documents is stored in Administrative authority.
12. The applicant provides to Administrative authority information on actually committed transaction on re-export or introduction from the sea.
13. Storage duration of application documentation - 3 years, sertifikatovpostoyanno.
14. Certificates on re-export can be used within 6 months, on introduction from the sea - 12 months.
If the certificate was not used in the specified terms, all its copies are subject to return to Administrative authority.
15. Modification of the issued certificate in cases of error correction or technical inaccuracies is allowed.
In case of identification of mistakes or technical inaccuracies in the issued certificate Administrative authority independently, or based on reasonable offers of federal executive bodies, or according to requests of applicants make corresponding changes to the certificate within 3 working days.
The applicant who received the certificate and having the reasons for modification of the issued permission according to this Procedure addresses to Administrative authority, with the request about modification of the certificate.
The application for modification of the issued certificate is submitted by the Russian applicants in Russian, foreign - in Russian and language of the foreign applicant.
The request for modification of the certificate shall contain the documents or data confirming availability of mistakes or technical inaccuracies, and the signature of the applicant submitting the application;
Changes in the issued certificate are made directly to the original of the certificate and make sure the signature of person which made changes and seal of Administrative authority.
The basis for refusal of modification of the issued certificate is non-presentation by the applicant of the documents or data confirming availability of mistakes or technical inaccuracies.
In case of dissatisfaction of the request about modification of the issued certificate the Administrative authority in writing notifies the applicant on causes of failure.
16. Certificates on re-export and introduction from the sea sturgeon and products from them are subject to registration in Administrative authority.
17. Registration of the certificate includes:
assignment of registration number;
entering of the corresponding record in the book of registration of certificates.
18. In the book of registration of certificates the following data are entered:
basis of issue of the certificate;
information about the reexporter and the importer (for legal litsnaimenovaniye, legal address; for citizens - surname, name, middle name (in the presence), passport details or other identity document, the residential address);
types sturgeon and products from them permitted for re-export and introduction from the sea;
registration certificate number, date of its issue;
data on suspension of action of the certificate or on its cancellation, and also on renewal of its action.
19. The certificate it can be suspended or cancelled according to the recommendation of the secretariat of the Convention if re-export or introduction from the sea is performed with violation of requirements of the Convention.
20. In case of change of the circumstances which entailed suspension of action of the certificate, action of the certificate can be resumed by Administrative authority.
21. The certificate is considered renewed from the moment of adoption of the relevant decision on which the Administrative authority notifies the applicant and, if necessary, the secretariat of the Convention.
22. Cancellation of the certificate is made by content deletion directly of the original certificate and entering into it by Administrative authority of mark about the termination of its action.
23. The Administrative authority informs the secretariat of the Convention on cancellation of the certificate.
______________________________
* The convention is signed by the USSR 29.03.1974, approved by Council of Ministers of the USSR 04.08.1976.
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The document ceased to be valid since October 20, 2015 according to the Order of Federal Agency for Fishery of the Russian Federation of September 8, 2015 No. 679