ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of October 29, 2009 No. 863

About approval of Rules of receipt of end-user certificates when importing to the Russian Federation military products of foreign production

According to the Presidential decree of the Russian Federation of September 10, 2005 N 1062 the Government of the Russian Federation decides "Questions of military and technical cooperation of the Russian Federation with foreign states":

1. Approve the enclosed Rules of receipt of end-user certificates when importing to the Russian Federation of military products of foreign production.

2. This resolution becomes effective after one month from the date of its official publication.

Approved by the Order of the Government of the Russian Federation of October 29, 2009 No. 863

Rules of receipt of end-user certificates when importing to the Russian Federation military products of foreign production

I. General provisions

1. These rules determine procedure for submission to authorized bodies of the Russian Federation of documents for receipt of end-user certificates (further - certificates) when importing to the Russian Federation of military products of foreign production and the requirement to execution of certificates and statements on their obtaining.

2. In these rules the used concepts mean the following:

"buyer" - the Russian organization having in accordance with the legislation of the Russian Federation the right to implementation of foreign trade activity concerning military products and which signed the supplier contract on purchase of military products of foreign production;

"supplier" - the foreign legal entity or physical person having the right to implementation of military and technical cooperation according to the legislation of the state and which signed the contract with the buyer for delivery of military products of foreign production;

"consumer" - the Russian organization - developer and producer of military products for which production needs the military products of foreign production are imported;

"end user" - the federal executive bodies incorporating troops and military forming, or the Russian organizations - the developers and producers of military products who are the user of the imported military products of foreign production;

"authorized body of foreign state" - the state body given according to the legislation of the state authority to make decisions on export of military products.

3. Authorized bodies of the Russian Federation which are granted the right to issue according to requirements of authorized bodies of foreign states certificates when importing to the Russian Federation of military products of foreign production are:

Federal Service for Military-Technical Cooperation - when importing military products for needs of the Russian organizations of developers and producers of military products;

the federal executive bodies incorporating troops and military forming - when importing military products for the benefit of the specified federal executive bodies.

4. Certificates are issued to the following Russian organizations (further - the organization applicant):

to the state intermediary - when importing military products of foreign production for the benefit of the federal executive bodies incorporating troops and military forming and for needs of the organizations - developers and producers of military products;

to the Russian organizations - the developers and producers of military products performing in accordance with the legislation of the Russian Federation foreign trade activity concerning military products - when importing military products of foreign production for own needs.

5. Accounting and storage of certificates and (or) their copies are performed by Federal Service for Military-Technical Cooperation.

Copies of the certificates issued by federal executive bodies for the benefit of which import of military products of foreign production is performed no later than 10 days from date of issue of certificates go to Federal Service for Military-Technical Cooperation.

II. Procedure for submission of documents for receipt of the certificate

6. For receipt of the certificate by the organization applicant the following documents are submitted to authorized body of the Russian Federation:

a) the statement on receipt of the certificate (further - the statement);

b) the copy of the supplier contract registered in Federal Service for Military-Technical Cooperation or the statement from such contract;

c) copy of the contract with the consumer (end user);

d) commitment letters of the consumer (end user) to use the imported products in stated purposes (when importing military products of foreign production for needs of the organizations - developers and producers of military products);

e) copies of licenses for activities of the organizations - developers and producers of military products for which needs the military products from foreign states are imported if the certificate is issued by Federal Service for Military-Technical Cooperation;

e) the copy of the document, confirmatory that the imported military products specified in the statement are held for use the organization - developer and producer of military products in case of production and (or) development of own military products if the certificate is issued by Federal Service for Military-Technical Cooperation.

7. The copies of documents or the statement from them represented for receipt of the certificate shall be certified by the head of the organization applicant or person authorized by it and are under seal this organization (in the presence of seal).

The documents (copies of documents, statements from documents) represented for receipt of the certificate, consisting more than of 1 leaf are stitched and numbered about what on the back of the last leaf of each of documents (copies of documents, statements from documents) the corresponding entry which is certified by the signature of the head of the organization applicant or person authorized by it is made, and also sealed this organization (in the presence of seal).

8. Documents (copies of documents, statements from documents) are represented to authorized body of the Russian Federation with the cover letter in which the bases necessary for issue of the certificate are specified.

Responsibility for reliability of the data containing in the documents submitted to authorized body of the Russian Federation is born by the organization applicant.

III. Requirements to execution of the statement on receipt of the certificate

9. Application is issued by the organization applicant for form according to the appendix N 1.

10. The application is signed by the head of the organization applicant or person authorized by it whose specimen signatures together with sample of seal of the organization applicant (in the presence of seal) are represented to authorized body of the Russian Federation.

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