ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of March 10, 2000 No. 214

About approval of the Regulations on import to the Russian Federation and export from the Russian Federation of the special technical means intended for secret receipt of information, and the list of types of the special technical means intended for secret receipt of information which import and export are subject to licensing

According to the Federal Laws "About Operational Search Activities" and "About State Regulation of Foreign Trade Activity", and also the Presidential decree of the Russian Federation of January 9, 1996 N 21 "About measures for streamlining of development, production, realization, acquisition for the purpose of sale, import to the Russian Federation and export out of its limits, and also uses of the special technical means intended for secret receipt of information" (The Russian Federation Code, 1996, N 3, the Art. 153) the Government of the Russian Federation decides:

1. Approve enclosed:

Regulations on import to the Russian Federation and export from the Russian Federation of the special technical means intended for secret receipt of information;

the list of types of the special technical means intended for secret receipt of information which import and export are subject to licensing.

2. To provide to Federal Security Service of the Russian Federation and the Federal Customs Service control of import to the Russian Federation and export from the Russian Federation of the special technical means intended for secret receipt of information, the legal entities who are not authorized on implementation of operational search activities.

3. Types of the special technical means intended for secret receipt of information which import and export are subject to licensing and also the codes of the commodity nomenclature of foreign economic activity given in the list if necessary can be specified by Federal Security Service of the Russian Federation together with the Federal Customs Service in coordination with federal executive body to which the Government of the Russian Federation assigns functions of coordination and regulation of foreign trade activity.

Approved by the Order of the Government of the Russian Federation of March 10, 2000 No. 214

Regulations on import to the Russian Federation and export from the Russian Federation of the special technical means intended for secret receipt of information

1. This Provision establishes procedure for import to the Russian Federation and export from the Russian Federation by the legal entities who are not authorized on implementation of operational search activities, the special technical means intended for secret receipt of information (further hereinafter are referred to as - special technical means).

On the bodies performing operational search activities, determined by the Federal Law "About Operational Search Activities", this Provision does not extend.

2. The procedure for import (export from the Russian Federation) provides in the Russian Federation:

licensing of import to the Russian Federation (export from the Russian Federation) special technical means;

customs control and customs clearance imported into the Russian Federation (exported from the Russian Federation) special technical means.

3. Import to the Russian Federation (export from the Russian Federation) special technical means is performed according to the licenses granted by the Ministry of Industry and Trade of the Russian Federation in the procedure established by the Government of the Russian Federation.

At the same time as the solution of the corresponding federal executive body (by separate types of goods, concerning which is effective special export procedure or import) provided in number of the documents submitted to the Ministry of Industry and Trade of the Russian Federation for receipt of the license, the applicant represents the solution of the Center of Federal Security Service of the Russian Federation for licensing, certification and protection of the state secret (further hereinafter is referred to as - the Center) about possibility of import to the Russian Federation (export from the Russian Federation) special technical means.

4. For decision making about possibility of import to the Russian Federation (export from the Russian Federation) special technical means the applicant submits the corresponding application in the Center, and also:

a) technical documentation on special technical means;

b) samples of special technical means (upon the demand of the Center).

5. The decision on possibility of import to the Russian Federation of special technical means is made by the Center for results of examination of documentation submitted by the applicant.

The decision on possibility of export from the Russian Federation of special technical means is made by the Center for results of examination of documentation submitted by the applicant and testing of special technical means in laboratory of Federal Security Service of the Russian Federation.

6. Testing of special technical means in test laboratories of Federal Security Service of the Russian Federation are carried out on contractual basis.

The term of carrying out testing shall not exceed 30 days.

Transfer by the applicant of special technical means and technical documentation in test laboratory is made under the act. Full names of products, their accounting numbers and the list of documentation are entered in the act. Statements are drawn up in duplicate, one of which remains at the applicant, and the second is given to test laboratory.

7. The center within 10 days from the date of receipt of all documents specified in Item 5 of this provision makes the decision on possibility of import to the Russian Federation (export from the Russian Federation) special technical means.

In some cases, in case of the large volume of the submitted documents or in the presence of the documents requiring additional studying, the term of decision making can be prolonged for 10 days.

8. The basis for refusal in issue of the positive decision is:

a) the conclusion drawn by results of examination about possibility of causing damage of safety of the state;

b) availability in the documents submitted by the applicant, the doubtful or distorted information.

9. The documents submitted for receipt of the solution of the Center shall be stitched, certified by the sign and seal of the applicant (in the presence of seal).

10. In coordination with the Center of the Ministry of Industry and Trade of the Russian Federation can extend if necessary the validity of the license for import to the Russian Federation (export from the Russian Federation) special technical means.

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