ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of September 15, 2008 No. 691

About approval of the Regulations on licensing of the external economic transactions with goods, information, works, services, results of intellectual activities (the rights to them) concerning which export control is established

For the purpose of implementation of the Federal Law "About Export Control" Government of the Russian Federation decides:

1. Approve the enclosed Regulations on licensing of the external economic transactions with goods, information, works, services, results of intellectual activities (the rights to them) concerning which export control is established.

2. Determine that licenses for implementation of the external economic transactions with goods, information, works, services, results of intellectual activities (the rights to them) concerning which export control, issued by the Federal Service for Technical and Export Control before entry into force of this resolution is established are valid before the termination of term of their action.

3. This resolution becomes effective in one month after its official publication.

Approved by the Order of the Government of the Russian Federation of September 15, 2008 No. 691

Regulations on licensing of the external economic transactions with goods, information, works, services, results of intellectual activities (the rights to them) concerning which export control is established

1. This Provision establishes rules of issue of licenses for implementation 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 and concerning which according to lists (lists) of controlled goods and technologies approved by orders of the Government of the Russian Federation export control is established (further - controlled products).

The external economic transactions in this Provision are understood as export and import, and also other forms of transfer (the international exchange) of controlled products performed based on agreements (contracts, agreements), signed between the Russian and foreign persons.

2. Licenses for implementation of the external economic transactions with controlled products (further - licenses) are granted by the Federal Service for Technical and Export Control (further - the licensing body) based on statements of the Russian participants of foreign economic activity (further - applicants) in form according to appendix No. 1.

3. The license is drawn up in form according to appendix No. 2 on paper or in electronic form (taking into account the document type requested by the applicant). The license is on paper drawn up on the form which is the printed material protected from counterfeits and signed by the head of the licensing body or person authorized by it. The license in electronic form is signed by the strengthened qualified digital signature of the head of the licensing body or person authorized by it.

Requirements to execution of the license and the statement for its provision, documents for renewal or prolongation of effective period of the license are established by the licensing body.

4. The license is the official document resolving to the applicant implementation of the external economic transactions with controlled products on the terms of action of the license during fixed term.

The license is used by her legal owner only for making of those external economic transactions with controlled products on which implementation such license is issued.

5. On implementation of the external economic transactions with controlled products one-time or general licenses are granted.

6. The one-time license is granted on implementation of the external economic transactions with specific controlled products under one agreement (the contract, the agreement) with indication of its number, the country of end use, the seller (sender) and the buyer (receiver).

The basis for issue of the one-time license is the conclusion of state examination of the external economic transaction which is carried out by the licensing body in accordance with the established procedure.

Effective period of the one-time license is established proceeding from conditions and circumstances of making of the external economic transactions, but no more than one year from the date of provision of the license.

7. The general license is granted on implementation of the external economic transactions with certain type of controlled products with indication of extreme quantity (for goods) and amount of the transferred rights (for technologies) and the countries of end use without determination of the specific buyer (receiver).

The general license can be granted only to the Russian participant of foreign economic activity registered as the legal entity or the individual entrepreneur, who created the internal program of export control and received in accordance with the established procedure the certificate on the state accreditation.

The list of foreign states and types of controlled products concerning which general licenses are granted is determined by the Government of the Russian Federation.

The decision on issue of the general license in which the term of its action is established is accepted by the Government of the Russian Federation.

Preparation of the draft of the act of the Government of the Russian Federation concerning issue of the general license and its entering into the Government of the Russian Federation are performed by the licensing body in accordance with the established procedure.

8. For receipt of the license the applicant represents to the licensing body:

the statement for provision of the license in the established form;

the document containing exact data on controlled products with appendix (if necessary) of copies of the documents confirming its technical characteristics and scope;

paragraph fourth ceased to be valid

The application for provision of the license is signed by the applicant (for the legal entity - the head of the organization or person authorized by it).

Modification of the statement, and also erasures and corrections are not allowed.

9. Are enclosed to the application for provision of the one-time license:

a) the cover letter with indication of type of the required license (on paper or in electronic form), and also full name, the location, the primary state registration number of the legal entity or the primary state registration number of the individual entrepreneur, identification taxpayer number;

b) paragraphs of the first or second voided;

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