RESOLUTION OF INTER-PARLIAMENTARY ASSEMBLY OF EURASIAN ECONOMIC COMMUNITY

of May 26, 2006 No. 7-17

About Recommendations about unification of the principles of legislative ensuring export control in state members of EurAsEC (on the basis of the comparative and legal analysis of national legal systems)

The inter-parliamentary Assembly decides:

1. Approve provided by the Permanent commission of MPA on customs regulation and boundary policy and the Permanent commission on trade policy and international cooperation of the Recommendation about unification of the principles of legislative ensuring export control in state members of EurAsEC (are applied), prepared on the basis of the comparative and legal analysis of national legal systems.

2. Submit Recommendations in parliaments, the Secretariat of Integration Committee of EurAsEC for use in work on harmonization of national legal systems and enhancement of the legal base of Community.

Appendix

to the Resolution MPA of EurAsEC of May 26, 2006 No. 7-17

Recommendations about unification of the principles of legislative ensuring export control in state members of EurAsEC (on the basis of the comparative and legal analysis of national legal systems)

These Recommendations about harmonization of the legislation of state members of EurAsEC in the field of legislative ensuring export control are submitted on enhancement of the legal base of functioning of participants of foreign economic activity when implementing such control.

Efficient export control is integral part of the international non-proliferation regime the weapons of mass destruction (WMD), necessary element of fight against terrorism and condition of increase in the regional and international security.

In the document the main directions are considered and measures for harmonization (rapprochement, unification) of legislative regulation in the field of export control and sanctions for its violations are proposed.

Relevance of enhancement of export control in state members of EurAsEC is based on number of factors. The countries of Community have large supply of uranium and uranium bearing "tailings dams", the developed chemical industry and dual-use technologies, high scientific potential, but at the same time low social security, occupied in military industrial complex.

The international non-proliferation regime of weapons of mass destruction includes many components. Its basis is constituted by the relevant international agreements. Important elements of this mode are informal multilateral agreements and arrangements in the field of export control: Tsanger's committee, Group of Nuclear Suppliers (GNS), Verification regime of rocket technologies (RKRT), Vassenaarsky arrangements, Australian group.

Priority task of the modern modes of export control is prevention of distribution of weapons of mass destruction and its getting into the order of the terrorist groups.

Provisions of international treaties such as are the legal basis of export control: Nuclear Non-Proliferation Treaty (NNPT); Strategic Arms Reduction Treaty (START-1); Agreement on liquidation of rockets of average and smaller range (RSMD); Comprehensive Nuclear-Test-Ban Treaty (DVZYaI); Convention on prohibition and liquidation of chemical weapon (KHO); Convention on prohibition of biological weapon (KBO); Convention on prohibition of biological weapon (KBO); The Convention on prohibition or restriction of application of specific types of weapon which can be considered putting excessive damages or having not selective action; The Hague code of behavior on prevention of non-proliferation of ballistic missiles. And also number of the agreements signed within the international organizations, in particular IAEA.

The fundamental international document in this sphere of legal relationship in EurAsEC is the Agreement on single procedure for export control of state members of Eurasian economic community (2003).

Were developed by inter-parliamentary Assembly of EurAsEC:

- Model law "General Principles of Export Control" (2000);

- Recommendations about counteraction to arms trafficking (1999).

Export control in state members of EurAsEC is based on the following basic principles:

- the state control of movement through customs borders of objects of export control;

- checks of use of objects of export control in stated purposes;

- publicity and availability of information on procedure, rules, purposes, tasks, principles of functioning of system of export control and measures of responsibility for violation of the national legal system;

- determinations of lists of objects of export control, and also the countries, export of objects of export control to which is temporarily prohibited;

- harmonizations of procedures and rules of export control with the universally international standards and practice;

- consent that the export permit issued by authorized body of the either party of Community acts on the territories of all state members of EurAsEC;

- informing each of the parties of Community on the decision on issue of the export permit out of limits of the territories of state members of EurAsEC of the goods and technologies which are subject to export control.

The system of export control includes the following elements:

- determination of lists of objects of export control taking into account the international approaches in this area;

- determination of export regimes of objects of export control to the certain countries;

- licensing of import of military products;

- exchange of information and other interaction with the international organizations and bodies of export control of foreign states.

The legislation of state members of Community includes the national laws in the field of regulation of export control, decrees of presidents, resolutions of the governments, other regulating documents.

Based on the carried-out analysis it should be noted the following:

1. In all laws on export control it is confirmed that state members of EurAsEC will fulfill obligations in the field of non-proliferation to OHM. At the same time the system of export control is under construction on the harmonized principles, including control system elements, general for all states. In the legislation there are no distinctions at the level of conceptual framework; structures of the national laws have much in common. At the same time it should be noted different extent of disaggregation of the legislation. The most fully relevant standards are stated in the Russian legislation, least - in the law of the Republic of Uzbekistan.

2. In the laws of the Republic of Belarus and the Republic of Tajikistan there are referential regulations about procedure for licensing of import and export of objects of export control. In the laws of the Republic of Kazakhstan and the Republic of Uzbekistan it is told only about "permission", without mechanism specification. The regulations connected with process of receipt of the corresponding license are stated in the law of the Russian Federation very in detail.

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