menu

What measures are necessary to ensure legislation in the field of export control during the customs declaration of exported (imported) goods (dual-use products)?

0

1. Attribution of the declared goods to the goods in respect of which the establishedprohibitions and restrictionsin the field of export control.

In accordance with Article 24 of Federal Law No. 183-FZ of July 18, 1999 “On Export Control”identificationcontrolled goods and technologies, as well as performing the necessary actions related to obtaining licenses for foreign economic transactions with controlled goods and technologies or permits for their export from the Russian Federation without licenses, is the responsibility of a Russian participant in foreign economic activity.

Information on the lists (lists) of goods and technologies subject to export control (dual-use products) can be found:

In addition, in the section "Website for foreign trade participants/ Prohibitions and restrictions/ Export control and military-technical cooperation/ Identification of goods for export control purposes, including military products/ Information of the Federal Customs Service of Russia" posted Directory "CodesHS The EAEUgoods contained in the lists of dual-use goods and technologies for which export control is carried out."

This directory contains the current codes of goods in accordance with the unified Commodity nomenclature of foreign economic activity of the Eurasian Economic Union, indicating the positions of the lists of controlled goods corresponding to these codes.

Also on the website of the Federal Customs Service of Russia in the section "Permits" of the Personal Account for participants of foreign economic activitythere is a library of control practices for dual-use goods or atour website. The information contained in the library is not legally significant, is of a reference nature and allows the participant of foreign economic activity at the stage before customs operations to make a decision on the need for identification of goods.

In accordance with the Decree of the Government of the Russian Federation No. 565 dated June 21, 2016 "On the procedure for identifying controlled goods and technologies, the form of an identification report and the rules for Filling it out", an opinion on the results of identification of goods for export control purposes can be issued by a participant in non-foreign economic activity independently or upon his requestFSTECRussia or an authorized expert organization.

Information about the identification report, in which the column "General conclusions on the results of identification" contains the entry "To carry out the foreign economic operation specified in this conclusion,

Licenses are provided by the Center for Licensing, Certification and Protection of State Secrets of the FSB of Russia (TSLSZ FSB of Russia)

" >licenseor other permission provided for by the legislation of the Russian Federation in the field of export control is not required", are indicated in the goods declaration in column 44 with the document type code 01154.

An electronic copy of the identification certificate issued by the participant of foreign economic activity independently is placed in the electronic archive of the declarant. Information about identification certificates issued by the FSTEC of Russia or authorized expert organizations is received ininformation resources of customs authoritiesfrom the FSTEC of Russia. In case of non-attribution of the goods according to the results of the identification to the objects of export control of the event, it is necessary to bring the measures described below.


2. If, based on the results of the identification, it is concluded that theproductit is controlled by goods (dual-use products), it is necessary to obtain a license from the FSTEC of Russia in accordance with the procedure established by the Decree of the Government of the Russian Federation No. 691 dated September 15, 2008 "On Approval of the Regulations on Licensing of Foreign Economic Transactions with Goods, Information, Works, Services, Intellectual Property Results (Rights to Them), in Respect of which an Export control".

In the cases listed in the Decree of the Government of the Russian Federation No. 517 of August 15, 2005 "On the Procedure for Obtaining Permission from the Export Control Commission of the Russian Federation to Carry out Foreign Economic Transactions with Goods, Information, Works, Services, Intellectual Property Results (Rights to Them) that Can be Used by a Foreign State or a Foreign Person in Order to Create weapons of mass destruction and their means of delivery, other types of weapons and military equipment or are acquired in the interests of organizations or individuals involved in terrorist activities," it is necessary to apply to the Federal Customs Service of Russia for permission from the Export Control Commission of the Russian Federation.

Import and (or) export of controlled goods is carried out on the basis of licenses and permits (permits) in accordance with the provisions approved by the following resolutions of the Government of the Russian Federation:

  • No. 447 of June 7, 2001 “On Approval of the Regulations on the Control of Foreign Economic Activity in Respect of Dual-use Goods and Technologies that can be Used in the Creation of Weapons and Military Equipment”;
  • No. 462 of June 14, 2001 “On Approval of the Regulations on the Control of Foreign Economic Activity in Respect of Dual-use Equipment and Materials, as well as Relevant Technologies Used for Nuclear Purposes”;
  • No. 686 of September 24, 2001 “On Approval of the Regulations on the Control of Foreign Economic Activity in Relation to Chemicals, Equipment and Technologies that can be Used in the Creation of Chemical Weapons”;
  • No. 634 of August 29, 2001 “On Approval of the Regulations on the Control of Foreign Economic Activity in Relation to Microorganisms, Toxins, Equipment and Technologies”;
  • No. 973 of December 15, 2000 “On the export and import of nuclear materials, equipment, Special non-nuclear materials and related technologies”;
  • No. 296 of April 16, 2001 “On Approval of the Regulations on the Control of Foreign Economic Activity in Respect of Equipment, Materials and Technologies that can be used in the Creation of Missile weapons”.

3. Setting up a license for control at the customs authority specified in column 23 of the license of the FSTEC of Russia, in accordance with the Regulation on the Unified procedure for control by Customs authorities of import into the Customs territory of the Customs Union within the framework of the EurAsEC and export of licensed goods from this territory, approved by the Decision of the Customs Union Commission of June 22, 2011 No. 687;

  • Order of the Federal Customs Service of Russia dated December 29, 2011 No. 2652 “On Approval of the Instructions on the Actions of Officials of the Customs Authorities of the Russian Federation aimed at Implementing the Regulations on the Unified Procedure for Customs Control of Import into the Customs Territory of the Customs Union within the Framework of the EurAsEC and Export of Licensed Goods from this Territory”.

To establish a license for control , the following documents are submitted:

  1. The original license of the FSTEC of Russia.
  2. The license holder's application, drawn up in any form, containing the information and documents provided for in paragraph 5 of the Regulation on the Unified Procedure for Customs Authorities to control the import into the Customs Territory of the Customs Union within the framework of the EurAsEC and export of licensed goods from this territory, approved by the Decision of the Customs Union Commission dated 22.06.2011 No. 687.

4. Submission of a declaration for goods by a participant of foreign economic activity.

To place goods under the customs procedure, the following documents are submitted:

  1. Declaration of goods (DT) in the form approved by the Decision of the Customs Union Commission No. 257 dated May 20, 2010.
  2. Information confirming compliance with prohibitions and restrictions is declared.
  3. In case of confirmation of compliance with prohibitions and restrictions within the framework of "comprehensive control" provided for in Article 20 of Federal Law No. 183-FZ of July 18, 1999 "On Export Control", an electronic copy of the Permit of the Export Control Commission of the Russian Federation is placed in the electronic archive of the declarant
Published 3 years agofrom 
#16