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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of November 30, 2021 No. 2118

About licensing of field service of arms and military equipment

(as amended on 10-11-2022)

According to Item 58 of part 1 of article 12 of the Federal law "About Licensing of Separate Types of Activity" Government of the Russian Federation decides:

Approve the enclosed Regulations on licensing of field service of arms and military equipment.

Russian Prime Minister

M. Mishustin

Approved by the Order of the Government of the Russian Federation of November 30, 2021 No. 2118

Regulations on licensing of field service of arms and military equipment

1. This Provision establishes procedure for licensing of field service of the arms and military equipment performed by the Russian legal entities in the territory of the Russian Federation concerning arms and military equipment according to the list according to appendix No. 1.

2. This Provision does not govern the relation in the field of licensing concerning use of nuclear materials and radioactive materials in case of work on use of atomic energy in the defense purposes, including development, production, testing, transportation (transportation), operation, storage, liquidation and utilization of nuclear weapon and military nuclear power plants.

3. Products used in arms and military equipment do not belong to arms and military equipment if it has civil appointment or it is made according to single requirements for application in arms and military equipment and civilian products.

4. The concepts used in this Provision mean the following:

"service contract" - the public contract on field service of arms and military equipment;

"military equipment" - created on tactical and technical (technical) tasks of the state customers and (or) documentation, the technical means intended for fighting, technical and logistic support of the activities and training of troops (forces), and also for control and testing of arms and military equipment approved or approved by the state customer;

"arms" - created on tactical and technical (technical) tasks of the state customers and (or) documentation, approved or approved by the state customer, means, including the components intended for defeat of manpower, the equipment, constructions and other objects of the opponent and also the means which are directly providing their application (targeting, start-up, management and servicing);

"license applicant" and "licensee" are applied in this Provision in the values established by the Federal Law "About Licensing of Separate Types of Activity".

5. Licensing of field service of arms and military equipment performs the Ministry of Industry and Trade of the Russian Federation (further - the licensing body).

6. The licensed requirements imposed to the license applicant or the licensee on implementation of activities for field service of arms and military equipment are:

a) availability belonging to it on the property right or on other legal cause of the buildings, constructions, rooms, test, processing equipment and measuring instruments confided according to the Federal Law "About Ensuring Unity of Measurements" necessary for implementation of the declared type of activity and meeting the established requirements;

b) availability belonging to the license applicant (licensee) on the property right or on other legal cause of technical documentation (design, technology and program documentation, specifications, documents on standardization and metrology, the instruction, manuals, managements and provisions, other technical documents in which requirements to arms, military equipment are established), necessary for implementation of actions for field service of arms and military equipment;

c) availability in staff of the workers who concluded employment contracts with the license applicant (licensee), having the higher or secondary professional education, meeting the qualification requirements necessary for performance of works for field service of arms and military equipment in the quantity providing accomplishment of such works (at least 5 workers);

d) availability necessary for implementation of the licensed type of activity of quality control system of performance of works, constituting the licensed type of activity;

e) availability of data on fixing to the licensee of military representative office of the Ministry of Defence of the Russian Federation or the agreement between the license applicant (licensee) and military representation on quality control of the performed works on field service of arms and military equipment;

e) availability of the quality management system created and functioning according to requirements of standards of the ISO 9000 series and the state military standards;

g) availability of conditions for storage of documentation, materials, semifinished products, components, products (samples) of arms and military equipment according to the requirements established by regulatory legal acts of the Russian Federation and (or) documents on standardization;

h) accomplishment by the license applicant (licensee) of requirements for protection of the data which are the state secret, actions in the field of protection of the state secret and actions for counteraction to foreign technical intelligence services in case of implementation of works (services) connected with use of the data which are the state secret according to the Law of the Russian Federation "About the state secret";

i) availability at workers of the license applicant (licensee) of the admission to performance of works on field service of arms and the military equipment which are the state secret, according to requirements of the Law of the Russian Federation "About the state secret" in case of performance of works, the data connected with use which are the state secret;

j) observance of the requirement, the stipulated in Article 9 Federal Laws "About Mobilization Preparation and Mobilization in the Russian Federation" to sign for the purpose of ensuring mobilization preparation and mobilization agreements (contracts) concerning field service of arms and military equipment regarding the nomenclature of arms and military equipment provided by the register of licenses with necessary production facilities.

7. Violations by the licensee of requirements, stipulated in Item the 6th this provision, the entailed effects established by part 10 of article 19.2 of the Federal law "About Licensing of Separate Types of Activity" belong to gross violations of licensed requirements.

8. For receipt of the license the license applicant directs to the licensing body the application for provision of the license and documents (the copy of documents) specified in part 1 and item 4 of part 3 of article 13 of the Federal law "About Licensing of Separate Types of Activity".

9. The license applicant in addition to the documents specified in Item 8 of this provision sends the following documents to the licensing body:

a) the nomenclature of arms and military equipment concerning which activities for field service of arms and military equipment, according to appendix No. 1 to this Provision will be performed;

b) copies of the documents confirming availability at the license applicant on the property right or on other legal cause of the rooms, buildings, constructions necessary for accomplishment of the declared works (services) constituting the licensed type of activity and meeting the established requirements, the rights to which are not registered in the Unified State Register of Rights on real estate and transactions with it (if such rights are registered in the specified register, - data on these rooms, buildings and constructions);

c) copies of the documents confirming availability at the license applicant on the property right or on other legal cause of the processing, test equipment and measuring instruments necessary for carrying out the declared works (services) constituting the licensed type of activity and meeting the established requirements;

d) copies of the documents confirming availability at the license applicant on the property right or on other legal cause of technical documentation on implementation of actions for field service of products (samples) of arms and military equipment in which requirements to the organization and carrying out field service are established;

e) copies of the documents confirming compliance of persons which are carrying out the declared works (services), to the requirement specified in the subitem "v" of Item 6 of this provision;

e) data on availability necessary for implementation of the licensed type of activity of quality control system of performance of works, constituting the licensed type of activity;

g) data on availability of quality management system and its compliance to the established requirements in the application form of the head of the organization on the basis of results of internal or external audit or the copy of the existing certificate of conformity of quality management system - in the presence;

h) data on stores organization of documentation, materials, semifinished products, components, products (samples) of arms and military equipment;

i) data on observance of requirements of the Law of the Russian Federation "About the state secret" in case of implementation of works (services) connected with use of the data which are the state secret. In case of lack of such works as the license applicant the corresponding reference signed by the head of the organization is submitted;

j) data on availability at workers of the license applicant (licensee) of the admission to performance of works on field service of arms and the military equipment which are the state secret, according to requirements of the Law of the Russian Federation "About the state secret" in case of performance of works, the data connected with use which are the state secret;

k) data on fixing to the licensee of military representative office of the Ministry of Defence of the Russian Federation or the agreement between the license applicant (licensee) and military representation on quality control of the performed works on field service of arms and military equipment;

l) the statement of the head of the organization for readiness to fulfill the licensed requirement provided by the subitem "k" of Item 6 of this provision.

10. The statement and documents (the copy of documents) specified in Items 8 and 9 of this provision go to licensed body in electronic form (packet of electronic documents) signed by the strengthened qualified digital signature of the head of the license applicant or the authorized person (with confirmation of powers of the specified person) with use of the federal state information system "Single Portal of the State and Municipal Services (Functions)".

11. The documents containing the data which are the state secret, and (or) office information of limited distribution the license applicant (licensee) have the right to provide on paper directly to the licensing body or to direct according to the procedure, established by the legislation of the Russian Federation (no later than day of receipt in the licensing body of the statement for provision of the license (modification of the register of licenses).

12. In case of intention of the licensee to perform the licensed activities for the address of the place of implementation of the licensed type of activity which is not provided by the register of licenses this address, and also the data confirming compliance of the licensee to licensed requirements, stipulated in Item the 6th this provision are specified in the statement for modification of the register of licenses. The specified data are represented by the licensee only regarding its compliance to licensed requirements, stipulated in Item the 6th this provision, to the new address of the place of implementation of the licensed type of activity which is not provided by the register of licenses.

Field service can be carried out in the location of arms (military equipment) if such requirement is established by the service contract. In case of accomplishment of the specified works on the location of arms (military equipment) the place of implementation of the licensed type of activity provided by the register of licenses does not change and modification of the register of licenses is not required.

In case of intention of the licensee to perform the licensed activities concerning the nomenclature of arms and military equipment which is not provided by the register of licenses this nomenclature, and also the address of the place of implementation of the licensed type of activity on which works (service) in field service concerning the specified nomenclature, and the data confirming compliance of the licensee to licensed requirements, stipulated in Item the 6th this provision will be performed are specified in the statement for modification of the register of licenses. The specified data are represented by the licensee only regarding its compliance to licensed requirements, stipulated in Item the 6th this provision, according to the new nomenclature of arms and military equipment concerning which works (service) in field service which is not provided by the register of licenses will be performed.

13. The licensing body places in the federal state information system "Single Portal of the State and Municipal Services (Functions)" in accordance with the established procedure data on the course of adoption of the decision on provision of the license by it (about refusal in provision of the license), modification of the register of licenses (about refusal in modification of the register of licenses), suspension, renewal, cancellation of the license, data on cancellation of the license, and also data on date of provision of the license and registration license number.

14. The direction the license applicant (licensee) of the statement for provision of the license (modification of the register of licenses) and necessary for provision of the license (modification of the register of licenses) of documents, their acceptance by the licensing body, decision making about provision of the license (about refusal in provision of the license), modification of the register of licenses (about refusal in modification of the register of licenses), suspension, renewal, cancellation of the license and its cancellation, forming and conducting licensed case, maintaining the register of licenses and provision of the data containing in the register of licenses, licensed cases of job seekers of licenses and (or) licensees, including in electronic form are performed according to the procedure, established by the Federal Law "About Licensing of Separate Types of Activity".

15. When conducting check of completeness and reliability containing in the statements and documents of data provided by the license applicant (licensee) the licensing body requests necessary for provision of the state services in the field of licensing of the data, being at the disposal of the bodies providing the state services, the bodies providing municipal services, other state bodies, local government bodies or the organizations subordinated to them, according to the procedure, established by the Federal Law "About the Organization of Provision of the State and Municipal Services".

16. The list of regulatory legal acts (their separate provisions) containing mandatory requirements which assessment of observance is performed within the licensed activities is subject to placement on the official site of the licensing body with texts of the operating regulatory legal acts.

The procedure for placement and updating of lists of regulatory legal acts (their separate provisions) containing mandatory requirements is determined by the order of the Government of the Russian Federation of October 22, 2020 No. 1722 "About placement and updating on the official sites of the public authorities exercising the state control (supervision), provision of licenses and other permissions, accreditation, lists of regulatory legal acts (their separate provisions) containing mandatory requirements".

17. Results of documentary assessment of conformity of the license applicant (licensee) to the licensed requirements specified in Item 6 of this provision are drawn up by the act of the licensing body of provision of the license (about refusal in provision of the license) or modification of the register of licenses (about refusal in modification of the register of licenses).

Exit assessment of conformity of the license applicant (licensee) to licensed requirements is carried out in cases if as a result of documentary assessment it is not possible to make sure of completeness and reliability of the data containing in the statement for provision of the license (modification of the register of licenses) and documents attached to it.

18. The notification on provision of the license (modification of the register of licenses) containing the reference to the data on provision of the license (modification of the register of licenses) from the register of licenses placed on the Internet goes to the licensee within 3 working days after day of introduction of record about provision of the license (modification of the register of licenses) if the notification on provision of the license (modification of the register of licenses) is drawn up on paper.

19. Federal state licensed control (supervision) of activities for field service of arms and military equipment is performed according to the procedure according to appendix No. 2.

20. The state fee in sizes and procedure which are established by the legislation of the Russian Federation on taxes and fees is paid for provision of the license and modification of the register of licenses.

The state fee is not paid for modification of the register of licenses in the cases provided by the Federal Law "About Licensing of Separate Types of Activity".

21. The term of consideration of the application of the license applicant about provision of the license constitutes 20 working days.

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