This document was translated by the Foreign Broadcast Information Service (FBIS) and has been reformatted by CNS for inclusion in the NIS Nuclear Profiles Database.

This Federal law defines the principles of implementation of the state policy, the legal basis of activity of organs of state power of the Russian Federation in the sphere of export controls, and determines the rights, duties, and responsibilities of participants in external economic activities in the designated sphere.

Article I.  Basic Understanding

     For the goals of the present Federal law are used the following basic understandings:

    External economic activity—any activity in the realm of international exchange of goods, information, work, services, results of intellectual activity, including exceptional rights to them (intellectual property), which is not forbidden by the legislature of the Russian Federation;
 
    System of export control—collection of measures for the realization, by the federal organs of executive authority, of the order established by the present Federal law, other federal laws, and any legal acts of the Russian Federation, for the export beyond the boundaries of the Russian Federation of: weapons and military technology, and also specified types of resources, materials, equipment, technology and scientific-technological information, which can be used in the creation of weapons and military technology; for the disallowance of export of weapons of mass destruction, missile means of their delivery, and other highly dangerous types of weapons and technology of their creation; and also measures for the discovery, prevention, and suppression of violations of this order;

    Internal compliance system—complex measures of an organizational, administrative, informational, and other character, voluntarily implemented by enterprises and organizations with the goal of compliance with the regulations of export control;

    Export—the export of a good, work, service, results of intellectual activity, including exceptional rights to it, from the customs territory of the Russian Federation across the border without a commitment for return entry.  The fact of an export is fixed at the moment of crossing by the good of the customs border of the Russian Federation, of granting the service and rights to the results of intellectual activity.  To the export of goods are equated individual commercial operations without the export of goods from the customs territory of the Russian Federation across the border, in particular under the purchase by foreign persons of a good from a Russian person and transfer to another Russian person for handling and subsequent export of the handled good across the border;

    Weapons of mass destruction—nuclear, chemical, bacteriological (biological) and toxin weapons;

    Missile means of delivery—missile and non-piloted flying apparatuses, capable of delivering weapons of mass destruction;

    Other highly dangerous types of weapons—nontraditional (not considered conventional) types of weapons, such as radiological, radiowave, geophysical weapons, aerosol explosive mixes;

    Russian participants in external economic activities (Russian persons)—juridical persons, created in accordance with the legislature of the Russian Federation, having a permanent place of location on its territory, and also physical persons, having permanent or privileged place of residence on the territory of the Russian Federation;
 
    Foreign participants in external economic activities (Foreign persons)—juridical persons and organizations in another legal form, the civil competence of which is defined according to the law of foreign government in which they are active; physical persons are foreign citizens, the civil competence and legal capacity of which is defined according to the laws of a foreign government of which they are citizens, and persons without citizenship, the legal capacity of which is defined according to the laws of a foreign government in which these persons have a permanent place of residence.

Article 2.  Sphere of  Application of the present Federal law

 The present Federal law regulates relations of organs of state power of the Russian Federation and Russian participants in external economic activities under the implementation of export control
 The effect of the present Federal law shall extend to external economic activities, the subject of which are goods, information, work, services, results of intellectual activity, and for the implementation of export control in the aims of which have been designated by the present Federal law.
 The implementation of export control in relationship to weapons, military technology, work, and service of a military purpose, not falling under the effect of international obligations of the Russian Federation for nonproliferation of weapons of mass destruction, missile means of their delivery and other highly dangerous forms of weapons, are implemented on the basis of acts of the legislature of the Russian Federation.
 

 Article 3.  Legislation of the Russian Federation on Export Control

    Legislation on export control is based on the Constitution of the Russian Federation and consists of the present Federal law, other federal laws and other normative acts of the Russian Federation which are accepted in accordance with it. Questions of provision of export control are located in the exceptional transaction of the Russian Federation.
 

 Article 4.  Goals of Export Control

 The fundamental goals of export control are:
 Protection of state interests
 Support of the strengthening of the world community, directed toward the preservation and strengthening of international peace and security
 Creation of the conditions for the integration of the economy of the Russian Federation with the world economic system

 
 Article 5.  Principles of state policy in the sphere of export controls

 1. The Russian Federation will conduct a unified state policy in the sphere of export controls, which will be composed of parts of internal and external policy of the Russian Federation and directed exclusively at the basis of provision of security tot he state, and her political, economic, and military interests.
 2. State policy in the realm of export control will be formed in agreement with the following fundamental principles:
 meticulous observance of international obligations of the nonproliferation of weapons of mass destruction, missile means of their delivery, and other highly dangerous forms of weapons;
 validity, transparency, and accessibility of information on questions of export control;
 priority of the interests of security of the state above consideration of economic profit;
 inadmissibility of support of international terrorism;
 freedom of external economic activity, which signifies the necessity of receiving a license or other decision on fulfillment of external economic operations with goods, information, services, and results of intellectual activity only in the circumstance, directly provided for by the present Federal Law, other federal laws, and acts of the Russian Federation taken in accordance with these normative regulations;
 implementation of export control only in that degree and volume which is essential for the achievement of its goals;
 unity of the customs territory of the Russian Federation;
 harmonization of procedures and regulations of export control with generally recognized international norms and practices;
 coordination of effort and cooperation with international organizations and foreign governments in the realm of export control with the goal of strengthening international security and stability, the prevention of threats to proliferation of weapons of mass destruction, missile means of their delivery, and other highly dangerous forms of weapons.

 Article 6.  List of goods, information, service, and results of intellectual activity, falling under export controls
 
 The mix of goods, information, services, and results of intellectual activity which fall under export controls (further—controlled goods and technologies) is defined by lists, adopted by decrees of the President of the Russian Federation for the presentation of the Government of the Russian Federation.  Decrees of the President of the Russian Federation on the composition of lists of controlled goods and technologies enter into force no earlier than three months from the day of their official publication.
 

 Article 7.  Methods of implementation of export control

 Export control in the Russian Federation is realized by means of methods of legal regulation of external economic activity with controlled goods and technologies, the base of which are formed by:
 A licensing order for implementation of external economic operations with controlled goods and technologies, which provides for the licensing or other form of government approval of them;
 Customs control and customs procedures for the exit from the Russian Federation of controlled goods and technologies in accordance with the legislature of the Russian Federation on customs activities;
 Employment of measures of government enforcement (sanctions) in relation to persons who have violated the procedures for implementation of external economic operations with controlled goods and technologies established by the present Federal law, other federal laws and other normative legal acts of the Russian Federation or who have undertaken an attempt to carry out such acts.

 CHAPTER II.   ORGANIZATIONAL FOUNDATION OF EXPORT CONTROL
 

 Article 8.  System of organs of export control of the Russian Federation

 The system of organs of export control of the Russian Federation will be formed by federal organs of legislative and executive power, government and other organizations and structures delegated with the authorities of implementation of export control in accordance with the present Federal law, other federal laws, and other normative legal acts of the Russian Federation.

 Article 9.   Authority of the President of the Russian Federation and organs of state power of the Russian Federation

1. The President of the Russian Federation:
Will define the fundamental direction and implement general management of state policy in the realm of export control;
Will provide coordinated functioning and interaction of organs of state power of the Russian Federation in the realm of export control;
Confirms lists of controlled goods and technologies;
Makes decisions on the introduction of embargo, cessation and renewal of export to foreign nations of defined categories of controlled goods and technologies.

2. The Federal Collection of the Russian Federation:
Examines and approves federal laws which regulate relations in the realm of export control;
Conducts parliamentary hearings on questions of nonproliferation of weapons of mass destruction, missile means of their delivery, other highly dangerous types of weapons and export control;
Implements other authorities in the realm of export control in accordance with the legislature of the Russian Federation.

3. The Government of the Russian Federation:
Provides the realization of a unified state policy in the realm of export control, including strategic line of Russian Federation in relations to international structures of export control;
Defines the order of implementation of external economic activity with goods, information, services, results of intellectual activity, in relation to which are established export controls;
Decides in the confines of its competency on the conduct of negotiations and signature of international agreements of the Russian Federation in the realm of export control;
Controls the fulfillment of the legislature of the Russian Federation on export control by the federal organs of executive power;
Implements in accordance with the Constitution of the Russian Federation and federal laws any authorities in the realm of export control.
 

 Article 10.  Interagency coordinating organ for export control of the Russian Federation

 In the goal of provision of passage of a unified state policy in the realm of export control, the realization of a strategic line of the Russian Federation in relation to international structures for export control, and also coordination of activities of the federal organs of executive power and organizational-methodological management by work of export control in the Russian Federation is formed a special interagency coordinating organ for export control of the Russian Federation.
 The setup of the interagency coordinating organ for export control of the Russian Federation and its personnel composition will be defined by the President of the Russian Federation.

 Article 11.  Authority of federal organs of executive power in the sphere of export controls

 Federal organs of executive power will provide fulfillment of the present Federal law, decisions of the President of the Russian Federation, of the Government of the Russian Federation and of international obligations of the Russian Federation in the realm of export control in accordance with authorities delegated on them by the legislature of the Russian Federation.
 

 Article 12.  Specially empowered federal organ of executive power on export controls

1. The realization of the task of a unified state policy, functional regulation and organization of interagency cooperation in the realm of export control in the Russian Federation falls to a specially empowered federal organ of executive power for export control.
In the competency of the specially empowered federal organ of executive power for export controls are included:
 Preparation of proposals and realization of measures for the development and refinement of the system of export control in the Russian Federation;
 Control over the execution of the legislation of the Russian Federation in the realm of export control;
 Generalization of practice of  violations of the legislation of the Russian Federation on export control and preparation on that foundation of proposals for its improvement;
 Legal and informational-methodological provision of work for export control in the Russian Federation;
 Other authorities, which are provided for by the present Federal Law and other normative legal acts of the Russian Federation;
 Tendering for the review of the Government of the Russian Federation of proposals of federal organs of executive power which concern questions of export control, pertaining to the approval with the specially empowered federal organ of executive power for export control.

2. The specially empowered federal organ of executive power for export controls, in cooperation with other federal organs of executive power, will organize the conduct of clarification work among Russian participants in external economic activities of the Russian Federation in relation to the goals, principles, procedures, and regulations of export control.
 

 Article 13.  Normative acts of the federal organs of executive power on questions of export control

 In situations, which are provided for by the present Federal law and other normative legal acts of the Russian Federation, federal organs of executive power (to the right) to publish in the confines of their competency normative acts on questions of export control, which are necessary for the use by Russian participants in external economic activity, by government organizations, by institutions and their official personnel, and also by citizens.
 The indicated normative acts lie under government registration in the process established by the legislature of the Russian Federation.

 Article 14.  Right of access to information

 Federal organs of executive power have the right to receive in the process indicated by the legislature of the Russian Federation, documents and information which are necessary for the goals of export control.

 Article 15.  Obligations of participants in external economic activity in relation to the provision of information for the goals of export control

 Russian participants in external economic activity must, on demand of federal organs of executive power, present documents, written and oral explanations and any information which is essential for the fulfillment by the federal organs of executive power of the task and function provided for by the present Federal law in the realm of export control.
 Russian participants in external economic activity carry responsibility for the reliability of the information which is presented to the federal organs of executive power for the goals of export control.

 Article 16.  Obligations of the federal organs of executive power in relation to the provision of information

 Information which is presented to the federal organs of executive power by participants in external economic activity, by state organizations, institutions and their officials, in accordance with the present Federal law and other normative legal acts of the Russian Federation on export control, may be used exclusively for the purposes of export control.
 Information containing state, commercial, and other information protected by law, and also confidential information (information which is not generally available, the distribution of which can inflict damage on the rights and interests protected by law of the presenting entity) must not be given away, used by officials of federal organs of executive power for personal goals, retransferred to third parties, with the exception of circumstances provided for by the legislation of the Russian Federation.

 Article 17.  Intra-firm systems of  export control at enterprises and in organizations

 In the goals of the provision of the fulfillment of the regulations of export control in the implementation of external economic activities, as directed by the present Federal law, by other laws, and other normative legal acts of the Russian Federation, of the prevention of violations of the law in the determined sphere, the federal organs of executive power will promote the creation by enterprises and organizations of internal systems of export control and render them the necessary informational-methodological support.

 CHAPTER III.  REGULATION OF EXTERNAL ECONOMIC ACTIVITY WITH CONTROLLED GOODS AND TECHNOLOGIES

 Article 18.  Requirements for external economic deals with controlled goods and technologies

 External economic deals, which provide for a transfer of controlled goods and technologies to a foreign person, must take place in the presence of an obligation of the foreign entity that the identified goods and technologies will not be used for the purposes of the creation of weapons of mass destruction, missile means of their delivery and other highly dangerous forms of weapons.
 The government of the Russian Federation has the right to establish additional demands in relation to conditions, in which external economic deals with controlled goods and technologies must take place.

 Article 19.  Licensing of external economic operations with controlled goods and technologies

1. External economic operations which provide for the transfer of controlled goods and technologies to foreign persons are to be implemented with licenses, in accordance with acts of the legislature of the Russian Federation.
Exit from the Russian Federation of controlled goods and technologies without their transfer to foreign persons, specifically for demonstrations at exhibitions or with the goal of use for their own needs, may occur without a license on the conditions that these goods and technologies will remain under the direct control of the Russian persons who carried out their exit, and will be returned to the Russian Federation in a fixed period.
The procedure and circumstances, under which exit of controlled goods and technologies from the Russian Federation without a license may be carried out will be defined by the Government of the Russian Federation.

 Article 20.  Expertise of external economic deals

 External economic deals with controlled goods and technologies is subject to interagency expertise with the goal of defining accordance of these deals with the international obligations of the Russian Federation, national interests of the state and the demands of ecological security.
 Results of interagency expertise are the basis for the approval or denial of licenses and other decisions.
 The procedure and circumstances of review by interagency expertise will be established by the Government of the Russian Federation.

 Article 21.  Account of external economic deals with controlled goods and technologies

 Russian participants in external economic activity must keep account of external economic deals with controlled goods and technologies.
 Documentation relating to external economic deals must be kept for three years, unless a longer period is not established by the legislature of the Russian Federation.

 Article 22.  Catch-all control

 1.  Russian participants in external economic activity must abstain from concluding external economic deals with any goods, information, work, services, and results of intellectual activity in the case that it is known to them that the given goods, information, works, services or results of intellectual activity are earmarked for the development, production, testing, exploitation, servicing, maintenance, discovery, or identification of weapons of mass destruction, missile means of their delivery, or other highly dangerous weapons, and must inform the specially empowered federal organ of executive power on export control of these deals.
2.  Russian participants in external economic activity must receive in the process, established by normative legal acts of the Russian Federation, a decision of the interagency coordinating organ for export control of the Russian Federation on the implementation of external economic deals with goods, information, work, services and results of intellectual activity which do not lie under the activity of the lists identified in article 6 of the present Federal Law, in those circumstances which:
- they were informed that the given goods, information, works, services, or results of intellectual activity may be used for the goals indicated in point one of the present article;
- they suppose or have basis to suppose, that the given goods, information, works, services, or results of intellectual activity might be used for the purposes indicated above.

 Article 23.  Receiving a license or another permission
 1.  Licenses or other decisions which are demanded for the fulfillment of external economic operations with goods, information, works, services and results of intellectual activity, in which in accordance with articles 6 and 22 of the present Federal law export control is distributed, are given out upon application of a Russian person.
 2.  The procedure and conditions of disbursal of a license or other decision will be defined by the Government of the Russian Federation.

 Article 24.  Obligations of Russian participants in external economic activity

 1.  Institution of conformance of concrete goods, information, works, services and results of economic activity to concrete positions on the lists identified in article 6 of the present Federal law, and also the completion of all necessary actions connected with receiving a license or other decision for the exit from the Russian Federation of controlled goods and technologies or for their transfer to foreign persons on the territory of the Russian Federation, is the obligation of the Russian participant in external economic activity.
 2.  Licenses or other decisions must not be used for creation of external economic deals, if the Russian participant in external economic activity has at its disposal information that the goods, information, works, services, and results of intellectual activity which are the subjects of the deal will be used for undeclared purposes or will be re-exported from the destination state and such export was not provided for by the circumstances of the deal or did not receive approval of the specially empowered federal organ for export control in the circumstance, when such approval is impossible.

 
 CHAPTER IV.  RIGHT TO RECEIVE INFORMATION ON QUESTIONS OF EXPORT CONTROL
 

Article 25.  Receiving information on the principles of decisions, actions or inaction

The Russian participant in external economic activity, in relation to whom a decision relating to questions of export control has been made by the federal organs of executive power, and also a participant of external economic activity in relation to whom a decision has not been taken in the time period established by law, has the right in a two-month period from the day the decision is made or from the expiration of the period of decision-making to apply to that organ with an inquiry about the reasons and bases for the decision or lack of a decision, if it directly affects the rights and legal interests of the subject.
The inquiry will come under review by the federal organ of executive power in a month’s time.
In response to a written inquiry, the answer must be given in written form.

Article 26.  Publication of legal acts

 Acts of the legislature of the Russian Federation on export control, and also published normative legal acts by the federal organs of executive power on questions of export control of a general character, are subject to official publication in the procedure determined by the legislature of the Russian Federation.

 Article 27.  Information on active legal acts

 Information on active legal acts identified in article 26 of the present Federal law, including named acts, its subject and issue, in which this act is published, will be presented free of charge to all interested Russian participants in external economic activity and citizens.

 Article 28.  Provision of texts of published legal acts

 Texts of published legal acts indicated in article 26 of the present Federal law will be presented to interested parties for a charge, charged on scales determined by the federal organs of executive power in agreement with the Ministry of Finance of the Russian Federation.  The determined fee will not be charged if the legal act is not published and also in any circumstances provided for by the legislation of the Russian Federation, in particular by decisions of the applicable federal organ of executive power.

 CHAPTER V.  INTERNATIONAL COOPERATION AND INTERNATIONAL AGREEMENTS IN THE SPHERE OF EXPORT CONTROL

 Article 29.  Goals of international cooperation

 1.  International cooperation in the realm of export control will be fulfilled in the Russian Federation in the goals of:
- unification of effort and coordination of actions with other governments to avert proliferation of weapons of mass destruction, missile means of their delivery and other highly dangerous forms of weapons, and also technologies of their creation;
- assistance in the formation of an external environment which is conducive to the internal development of the country, stability and security of the system of international relations;
- creation for conducive conditions for the integration of the Russian economy into the world economy system on an equal and mutually advantageous basis;
- activization of participation of the Russian Federation in international exchange of goods and service, the expansion of possibilities for access of Russian participants in external economic activity to world markets of high technology;
- improvement of international and national mechanisms of export control, raising of reliability for pre-license and after license verification, discovery of facts of violations of the legislature of the Russian Federation on export controls and the persons who carried them out.
2.  International cooperation of the Russian Federation with other governments in the realm of export control will be implemented on the basis of concluded bilateral and multilateral international agreements and other arrangements.

 Article 30.  Forms of international cooperation

 1.  International cooperation of the Russian Federation with foreign governments in the realm of export control will be implemented through means of participation in international structures for export control and other international forums, through the conduct of discussions and consultation, through  mutual exchange of information on questions of export control, and also through the realization of joint programs and other measures on a bilateral and multilateral basis.
2.  Federal organs of executive power will implement international cooperation in the realm of export control with international organizations, government organs, and also with non-government organs of other states on questions located in their competencies, in the process directed by acts of he legislature of the Russian Federation.
 3.  The Russian Federation will promote the institution of contacts and development of informational exchanges between public organizations of the Russian Federation and foreign non- government organizations, which have stated as their goals the promotion of effective functioning of national systems of export controls.

 CHAPTER VI.  RESPONSIBILITY FOR VIOLATIONS OF THE LEGISLATION OF THE RUSSIAN FEDERATION ON EXPORT CONTROL
 

 Article 31.  Responsibility of persons guilty of violations of the legislation of the Russian Federation on export control

 Persons guilty of violations of the legislation of the Russian Federation on export control carry responsibility in accordance with the legislation of the Russian Federation.
 
 Article 32.  Responsibility for invalid information

 Federal organs of executive power carry responsibility, as provided for by the legislation of the Russian Federation, for the accuracy of information presented in accordance with the provisions of chapter IV of the present Federal law.
 Federal organs of executive power do not carry responsibility for damages which were caused following misrepresentation of the text of a legal act published without their agency and control.

 CHAPTER VII.  CONCLUDING STATEMENT

 Article 33.  Entry into force of the present Federal law

 The present Federal law will enter into force from the day of its official publication.
 

Comments or questions? Contact Cristina Chuen at MIIS CNS: Cristina.ChuenATmiis.edu
 

This material is produced independently for NTI by the Center for Nonproliferation Studies at the Monterey Institute of International Studies and does not necessarily reflect the opinions of and has not been independently verified by NTI or its directors, officers, employees, agents. Copyright © 2002 by MIIS.

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