ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 21, 2021 No. 2386

About approval of the Regulations on licensing of development, production, testing, installation, installation, maintenance, repair, utilization and realization of arms and military equipment, development, production, testing, storage, realization and utilization of ammunition (except for the specified activities performed by military units and the organizations of the Armed Forces of the Russian Federation and troops of national guard of the Russian Federation if implementation of the specified activities is provided by their constituent documents)

 According to the Federal Law "About Licensing of Separate Types of Activity" Government of the Russian Federation decides:

1. Approve the enclosed Regulations on licensing of development, production, testing, installation, installation, maintenance, repair, utilization and realization of arms and military equipment, development, production, testing, storage, realization and utilization of ammunition (except for the specified activities performed by military units and the organizations of the Armed Forces of the Russian Federation and troops of national guard of the Russian Federation if implementation of the specified activities is provided by their constituent documents).

2. Recognize invalid:

the order of the Government of the Russian Federation of June 13, 2012 No. 581 "About licensing of development, production, testing, installation, installation, maintenance, repair, utilization and realization of arms and military equipment" (The Russian Federation Code, 2012, No. 25, the Art. 3377);

Item of 11 changes which are made to acts of the Government of the Russian Federation in connection with abolition of Federal Service for Defence Contracts, approved by the order of the Government of the Russian Federation of December 25, 2014 No. 1489 "About change and recognition voided some acts of the Government of the Russian Federation in connection with abolition of Federal Service for Defence Contracts" (The Russian Federation Code, 2015, No. 1, the Art. 279);

the order of the Government of the Russian Federation of March 28, 2020 No. 360 "About modification of Item 8 of the Regulations on licensing of development, production, testing, installation, installation, maintenance, repair, utilization and realization of arms and military equipment" (The Russian Federation Code, 2020, No. 14, the Art. 2116);

the order of the Government of the Russian Federation of October 8, 2020 No. 1623 "About modification of the Regulations on licensing of development, production, testing, installation, installation, maintenance, repair, utilization and realization of arms and military equipment" (The Russian Federation Code, 2020, No. 42, the Art. 6589);

the order of the Government of the Russian Federation of December 17, 2020 No. 2137 "About modification of the Regulations on licensing of development, production, testing, installation, installation, maintenance, repair, utilization and realization of arms and military equipment" (The Russian Federation Code, 2020, No. 52, the Art. 8824);

the order of the Government of the Russian Federation of February 1, 2021 No. 94 "About modification of the Regulations on licensing of development, production, testing, installation, installation, maintenance, repair, utilization and realization of arms and military equipment" (The Russian Federation Code, 2021, No. 6, the Art. 990).

3. This resolution becomes effective since March 1, 2022.

Approved by the Order of the Government of the Russian Federation of December 21, 2021 No. 2386

Regulations on licensing of development, production, testing, installation, installation, maintenance, repair, utilization and realization of arms and military equipment, development, production, testing, storage, realization and utilization of ammunition (except for the specified activities performed by military units and the organizations of the Armed Forces of the Russian Federation and troops of national guard of the Russian Federation if implementation of the specified activities is provided by their constituent documents)

1. This Provision establishes procedure for licensing of development, production, testing, installation, installation, maintenance, repair, utilization and realization of arms and military equipment, development, production, testing, storage, realization and utilization of the ammunition (except for the specified activities, performed by military units and the organizations of the Armed Forces of the Russian Federation and troops of national guard of the Russian Federation, if implementation of the specified activities is provided by their constituent documents) performed by legal entities in the territory of the Russian Federation concerning arms and military equipment according to the list according to appendix No. 1 and ammunition according to the list according to appendix No. 2, which does not extend to accomplishment of the research works connected with development of arms, military equipment and ammunition.

2. Activities for development, production, testing, installation, installation, maintenance, repair, utilization and realization of arms and military equipment, development, production, testing, storage, realization and utilization of ammunition (except for the specified activities performed by military units and the organizations of the Armed Forces of the Russian Federation and troops of national guard of the Russian Federation if implementation of the specified activities is provided by their constituent documents) include accomplishment of the following works (services):

a) development of arms and military equipment;

b) production and realization of arms and military equipment;

c) testing of arms and military equipment;

d) repair, maintenance, installation and installation of arms and military equipment;

e) utilization of arms and military equipment;

e) development of ammunition;

g) production and realization of ammunition;

h) testing of ammunition;

i) utilization of ammunition;

j) storage of ammunition.

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

"ammunition" - created on tactical and technical (technical) tasks of the state customers and (or) documentation, approved or approved by the state customer, products of one-time application, including the components (except for cartridges to civil and office weapon and components of cartridges to civil and office weapon) intended for defeat of the purpose or accomplishment of the tasks promoting defeat of the purpose or interfering actions of the opponent, and containing explosive, throwing, pyrotechnic, vyshibny, the thermobaric, the incendiary, volume detonating charge or their combination;

"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, military equipment and ammunition 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).

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

4. Licensing of development, production, testing, installation, installation, maintenance, repair, utilization and realization of arms and military equipment, development, production, testing, storage, realization and utilization of ammunition (except for the specified activities performed by military units and the organizations of the Armed Forces of the Russian Federation and troops of national guard of the Russian Federation if implementation of the specified activities is provided by their constituent documents) performs the Ministry of Industry and Trade of the Russian Federation (further - the licensing body).

5. The licensed requirements imposed to the license applicant (licensee) on implementation of development, production, testing, installation, installation, maintenance, repair, utilization and realization of arms and military equipment, development, production, testing, storage, realization and utilization of ammunition (except for the specified activities performed by military units and the organizations of the Armed Forces of the Russian Federation and troops of national guard of the Russian Federation if implementation of the specified activities is provided by their constituent documents), are:

a) availability of the declared works (services) constituting the licensed type of activity belonging to it on the property right or other legal cause of the buildings, constructions, rooms and other objects necessary for accomplishment and meeting the established requirements, including if necessary requirements, the established Federal Law "About Industrial Safety of Hazardous Production Facilities";

b) availability of technical documentation, the test, processing equipment and measuring instruments confided according to the Federal Law "About Ensuring Unity of Measurements", the necessary for implementation declared works (services);

c) availability in staff of the license applicant (licensee) of the specialists having professional education, who concluded employment contracts with the license applicant (licensee) and meeting the conforming qualification requirements;

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 constituting the licensed type of activity;

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 requirements of the legislation of the Russian Federation in the field of technical regulation (for works (services) in development, production, testing, installation, installation, maintenance, repair, utilization and realization of arms and military equipment);

h) availability of conditions for ensuring safety and accounting of ammunition and the explosives which are their part, explosive materials and products on their basis, semifinished products, components, and also for holding regime and security actions for physical and technical protection of the used rooms (constructions) and warehouse objects (for works (services) in development, production, testing, storage, realization and utilization of ammunition);

i) availability of conditions for storage of precious metals (for works (services) in utilization of arms, military equipment and ammunition);

j) fulfillment of requirements on 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";

k) observance of requirements of the Federal Law "About Foreign Investments in the Russian Federation" and the Federal Law "About Procedure of Foreign Investments in the Economic Societies Having Strategic Importance for Ensuring Defense of the Country and Safety of the State" in the presence of foreign investments;

l) observance of the requirement, the stipulated in Article 9 Federal Laws "About Mobilization Preparation and Mobilization in the Russian Federation", to the conclusion for the purpose of ensuring mobilization preparation and mobilization of agreements (contracts) concerning works (services) constituting the licensed type of activity regarding the nomenclature of arms, military equipment and ammunition provided by the license with necessary production facilities.

6. Violations by the licensee of requirements, stipulated in Item the 5th 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.

7. For receipt of the license the license applicant submits to the licensing body the application 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" and also:

a) the nomenclature of arms, military equipment and ammunition concerning which the declared works (services) according to the list of arms and military equipment given in appendix No. 1 to this Provision and the list of ammunition given in appendix No. 2 to this Provision will be performed;

b) copies of the documents confirming availability at the license applicant on the property right or other legal cause of the rooms, buildings, constructions and other objects 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;

c) copies of the documents confirming availability at the license applicant on the property right or other legal cause of the processing, test equipment and measuring instruments, the technical documentation 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 compliance of persons which are carrying out the declared works (services), to the requirement specified in the subitem "v" of Item 5 of this provision;

e) copies of documents 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;

e) copies of the documents containing 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 certificate of conformity of quality management system in case of its availability;

g) copies of documents on 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 constituting the licensed type of activity;

h) copies of the documents containing data on stores organization of documentation, materials, semifinished products, components, products (samples) of arms and military equipment (for works (services) in development, production, testing, installation, installation, maintenance, repair, utilization and realization of arms and military equipment);

i) copies of the documents which are containing data on availability of conditions for ensuring safety and accounting of ammunition and being their part of explosives, explosive materials and products on their basis, semifinished products, components, and also for holding regime and security actions for physical and technical protection of the used rooms (constructions) and warehouse objects (for works (services) in development, production, testing, storage, realization and utilization of ammunition);

j) copies of the documents containing data on availability of conditions for storage of precious metals (for works (services) in utilization of arms, military equipment and ammunition);

k) copies of the license for the work right with use of the data which are the state secret. In case of lack of works with use of the data which are the state secret, the license applicant the corresponding reference signed by the head of the organization is submitted;

l) copies of the documents containing data on observance of requirements of the Federal Law "About Foreign Investments in the Russian Federation" and the Federal Law "About Procedure of Foreign Investments in the Economic Societies Having Strategic Importance for Ensuring Defense of the Country and Safety of the State" in case of availability of foreign investments;

m) the statement of the head of the organization for readiness to fulfill the licensed requirement provided by the subitem "m" of Item 5 of this provision.

8. In case of intention of the licensee to perform the licensed activities for the address of the place of performance of works and rendering services and (or) to perform the new works (to render new services) constituting the licensed activities and not provided by the register of licenses, are specified in the statement for modification of the register of licenses this address and (or) works (service) which the licensee intends to carry out, and also the licensee represents copies of the documents confirming compliance of the licensee to licensed requirements, stipulated in Item the 5th this provision.

9. The work types specified in subitems "g" and "d" of Item 2 this provision can be carried out in the location of arms (military equipment) if such requirement is established by the public 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 license does not change and modification of the register of licenses is not required.

The work types specified in subitems "v", "z" and "k" of Item 2 this provision are performed only in case of accomplishment of the specified works (services) for the benefit of other persons (public authorities and the organizations).

In case of accomplishment of the work types specified in subitems "e" and "zh" of Item 2 this provision, technology transactions on equipment of ammunition can be performed on specialized enterprise if such requirement is established by the state customer.

10. 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.

11. Submission by the license applicant (licensee) of the statement for provision of the license (modification of the register of licenses) and necessary for receipt 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, and also 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 are performed according to the procedure, established by the Federal Law "About Licensing of Separate Types of Activity".

12. The license applicant submits the statement for provision of the license (modification of the register of licenses) and documents attached to it in the form of electronic documents (packet of electronic documents). The documents containing the data which are the state secret and (or) office information of limited distribution in accordance with the legislation of the Russian Federation 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).

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info