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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of October 6, 2006 No. 604

About approval of the Regulations on control of accomplishment of foreign states of obligations by authorized bodies on target use of separate types of the military products delivered from the Russian Federation

(as amended on 04-12-2013)

According to the Presidential decree of the Russian Federation of September 10, 2005 the Government of the Russian Federation decides No. 1062 "Questions of military and technical cooperation of the Russian Federation with foreign states":

Approve the enclosed Regulations on control of accomplishment of foreign states of obligations by authorized bodies on target use of separate types of the military products delivered from the Russian Federation.

Russian Prime Minister

M. Fradkov

 

Approved by the Order of the Government of the Russian Federation of October 6, 2006 No. 604

Regulations on control of accomplishment of foreign states of obligations by authorized bodies on target use of separate types of the military products delivered from the Russian Federation

1. This Provision determines operations procedure of federal executive bodies, the Russian subjects of military and technical cooperation by implementation with participation of the organizations - producers of military products of control over the implementation of foreign states of obligations by authorized bodies on target use of separate types of the military products delivered from the Russian Federation according to appendix (further - separate types of products).

Target use of separate types of products in this Provision is understood as their use only for the purpose of, specified in the end-user certificate or other document containing obligations of authorized body of foreign state to use the military products exported from the Russian Federation only in stated purposes and not to allow its re-export or transfer to the third countries without the consent of the Russian Federation.

Taking into account military-political and economic interests of the Russian Federation implementation of such deliveries without monitoring procedure behind accomplishment of foreign states of obligations by authorized bodies on target use of the separate types of products included in appendix to this Provision, or control of the separate types of products which are not included in appendix to this Provision according to the offer of the Ministry of Defence of the Russian Federation, the Ministry of Foreign Affairs of the Russian Federation, Federal Security Service of the Russian Federation, Russian Foreign Intelligence Service and Federal Service for Military-Technical Cooperation can be provided in decisions of the Government of the Russian Federation or Federal Service for Military-Technical Cooperation on deliveries of military products. Relevant proposals shall contain in cover letters of these federal executive bodies to drafts of decisions of the Government of the Russian Federation or Federal Service for Military-Technical Cooperation about deliveries of military products.

2. Control over the implementation of foreign states of obligations by authorized bodies on target use of separate types of products (further - control) is exercised for the purpose of exception of possibility of resale and (or) transfer of these types of products to illegal armed groups, terrorist and extremist organizations, criminal societies (the criminal organizations) and to physical persons, and also the states concerning which export (import) of military products for the purpose of ensuring accomplishment of decisions of the Security Council of the United Nations is forbidden or limited.

3. Control is exercised by the Ministry of Defence of the Russian Federation, the Ministry of Foreign Affairs of the Russian Federation, Federal Security Service of the Russian Federation, Russian Foreign Intelligence Service and Federal Service for Military-Technical Cooperation in the established fields of activity with participation of the Russian subjects of military and technical cooperation by monitoring of availability and target use of foreign states of separate types of products by authorized bodies.

4. The basis for control are the international agreements of the Russian Federation. Relevant provisions join in the delivery contracts of separate types of products signed by the Russian subjects of military and technical cooperation with foreign subjects of military and technical cooperation (daleekontrakta).

Contracts are signed with the foreign subjects of military and technical cooperation having the documents issued by representatives on issue of end-user certificates by bodies of the import states and confirmatory powers of these subjects on inclusion in contracts of the provisions concerning control.

5. In case of inclusion in contracts of the provisions concerning control it is necessary to provide that the specified provisions remain in force and after completion of deliveries of separate types of military products and calculations for them.

6. In case of refusal the foreign subject of the military and technical cooperation confirmed with authorized body of foreign state from inclusion in contracts of the provisions concerning control, the Russian subject of military and technical cooperation reports on it in the Ministry of Defence of the Russian Federation, the Ministry of Foreign Affairs of the Russian Federation, Federal Security Service of the Russian Federation, Russian Foreign Intelligence Service and Federal Service for Military-Technical Cooperation for assessment by them of situation and submissions to the Government of the Russian Federation of the approved offers on continuation (termination) of negotiations on deliveries of separate types of products.

7. Control in the territory of foreign state is exercised according to the decision of the Director of the Federal Service for Military-Technical Cooperation made in coordination with the federal executive bodies specified in Item 3 this provision. It is necessary for decision making that at least one of the specified bodies stated the recommendation of control.

8. For control in the territory of foreign state the commission of representatives of the Ministry of Defence of the Russian Federation, the Ministry of Foreign Affairs of the Russian Federation, Federal Security Service of the Russian Federation, Russian Foreign Intelligence Service, Federal Service for Military-Technical Cooperation, the Russian subjects of military and technical cooperation and the organizations - producers of military products is formed (further - the commission). The structure of the commission and its power affirm the Director of the Federal Service for Military-Technical Cooperation.

9. Control in the territory of foreign state is exercised by the analysis of information on availability and use of separate types of products obtained from the import state, its write-off, utilization, loss, plunder or illegal alienation, and also by conducting control checks in places of its storage and (or) use.

If necessary the Federal Service for Military-Technical Cooperation requests from the Russian organizations - producers of military products information on serial numbers and features of marking of samples of separate types of products.

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