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It is registered

Ministry of Justice

Russian Federation 

On October 3, 2022 No. 70337

THE ORDER OF THE FEDERAL SERVICE OF THE RUSSIAN FEDERATION ON ENGINEERING AND EXPORT SUPERVISION

of September 19, 2022 No. 168

About approval of Administrative regulations of implementation by the Federal Service for Technical and Export Control of the state control of observance by the Russian participants of foreign economic activity of the legislation of the Russian Federation in the field of export control

According to Item 1 of article 17 of the Federal Law of July 18, 1999 No. 183-FZ "About export control" (The Russian Federation Code, 1999, No. 30, Art. 3774; 2021, No. 24, the Art. 4188), Item 2 and the subitem 60 of Item 8 of the Regulations on the Federal Service for Technical and Export Control approved by the Presidential decree of the Russian Federation of August 16, 2004 No. 1085 "Questions of the Federal Service for Technical and Export Control" (The Russian Federation Code, 2004, No. 34, Art. 3541; 2014, No. 36, Art. 4833; 2017, No. 48, the Art. 7198), Rules of implementation of the state control of observance by the Russian participants of foreign economic activity of the legislation of the Russian Federation of export control approved by the order of the Government of the Russian Federation of September 7, 2022 No. 1572 (The official Internet portal of legal information (www.pravo.gov.ru). 08:09. 2022, No. 0001202209080012) and the Rules of development and approval of administrative regulations of implementation of the state control (supervision) approved by the order of the Government of the Russian Federation of May 16, 2011 No. 373 (The Russian Federation Code, 2011, No. 22, Art. 3169; 2021, to No. 31, of the Art. 5904), I order:

1. Approve the enclosed Administrative regulations of implementation by the Federal Service for Technical and Export Control of the state control of observance by the Russian participants of foreign economic activity of the legislation of the Russian Federation in the field of export control.

2. Declare invalid the order of FSTEC of Russia of May 17, 2017 No. 89 "About approval of Administrative regulations of execution of the state function by the Federal Service for Technical and Export Control on implementation (within the competence) export control and (or) commodity import (works, services), information, results of intellectual activities concerning which export control is established" (registration No. 47040) is registered by the Ministry of Justice of the Russian Federation on June 15, 2017.

Director of the Federal Service for Technical and Export Control

V. Selin

Approved by the Order of the Federal Service of the Russian Federation on engineering and export supervision of September 19, 2022, No. 168

Administrative regulations of implementation by the Federal Service for Technical and Export Control of the state control of observance by the Russian participants of foreign economic activity of the legislation of the Russian Federation in the field of export control

I. General provisions

Name of function

1. The state control of observance by the Russian participants of foreign economic activity of the legislation of the Russian Federation in the field of export control (further - the state control).

The name of the body exercising the state control

2. The state control is exercised by the Federal Service for Technical and Export Control and its territorial authorities (further - state control bodies).

The regulatory legal acts regulating implementation of the state control

3. The state control is exercised according to the list of the regulatory legal acts regulating implementation of the state control (with indication of their details and sources of official publication), posted on the official site by FSTEC of Russia on the Internet (www.fstec.ru) (further - the official site of FSTEC of Russia, Internet network respectively), in the federal state information system "Federal Register of the State and Municipal Services (Functions)" <1> (further - the Federal register) and in the federal state information system "Single Portal of the State and Municipal Services <2> (Functions)" (further - the Single portal).

--------------------------------

<1> The status and procedure for functioning of the federal register are established by the Regulations on the federal state information system "Federal Register of the State and Municipal Services (Functions)" approved by the order of the Government of the Russian Federation of October 24, 2011 No. 861 (The Russian Federation Code, 2011, No. 44, Art. 6274; 2019, No. 47, Art. 6675).

<2> The status and procedure for functioning of the Single portal are established by the Regulations on the federal state information system "Single Portal of the State and Municipal Services (Functions)" approved by the order of the Government of the Russian Federation of October 24, 2011 No. 861 (The Russian Federation Code, 2011, No. 44, Art. 6274; 2022, No. 22, Art. 3690).

Subject of the state control

4. Subject of the state control is:

1) observance by participants of foreign economic activity of the requirements established by the legislation of the Russian Federation in the field of export control (further - mandatory requirements), including:

a) requirements to procedure of the external economic transactions with goods, information, works, services, results of intellectual activities (the rights to them) which can be used during creation of weapons of mass destruction, means of its delivery, other types of arms and military equipment or by preparation and (or) making of acts of terrorism concerning which export control is established (further - goods and technologies concerning which export control is established);

b) requirements to accounting treatment for the external economic transactions for the purposes of export control, and also storage durations of the relevant accounting documents;

c) the requirements (conditions, restrictions) containing in licenses (permissions) to implementation of the external economic transactions with goods and technologies concerning which export control is established;

d) requirements to use in stated purposes of goods and technologies concerning which export control, imported to the Russian Federation with provision of the Russian import certificate is established;

e) special economic and enforcement powers, and also other prohibitions and restrictions in the sphere of foreign trade in goods and technologies concerning which export control, established according to the Federal Law of December 30, 2006 No. 281-FZ "About special economic measures and enforcement powers" is established (The Russian Federation Code, 2007, No. 1, Art. 44; 2022, No. 27, Art. 4620) and other Federal Laws;

2) execution of the decisions made by results of carrying out the state control.

The rights and obligations of officials when implementing the state control

5. When implementing the state control officials of state control body have the right:

To request 1) based on the motivated written request from the Russian participant of foreign economic activity performing the external economic transactions with goods and technologies, concerning which export control is established (further - controlled person), information and documents necessary for conducting check;

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