of March 24, 2012 No. 341
About approval of the Regulations on procedure for implementation of the Contract between the Russian Federation and the Republic of Belarus about development of military and technical cooperation of December 10, 2009
According to the Federal Law of July 19, 1998 N 114-FZ "About military and technical cooperation of the Russian Federation with foreign states" and for the purpose of implementation of the Contract between the Russian Federation and the Republic of Belarus about development of military and technical cooperation of December 10, 2009 I decide:
1. Approve the enclosed Regulations on procedure for implementation of the Contract between the Russian Federation and the Republic of Belarus on development of military and technical cooperation of December 10, 2009.
2. This Decree becomes effective from the date of its signing.
President of the Russian Federation
D. Medvedev
Approved by the Presidential decree of the Russian Federation of March 24, 2012 No. 341
1. This Provision determines procedure for implementation of the Contract between the Russian Federation and the Republic of Belarus about development of military and technical cooperation of December 10, 2009.
2. Import to the Russian Federation from the Republic of Belarus and export from the Russian Federation to the Republic of Belarus military products are performed by federal executive bodies, authorized to perform functions of the state customer of the state defense order for the benefit of the Armed Forces of the Russian Federation, other troops, military forming, law enforcement agencies and special services, and the organizations having the right to the corresponding type of activity concerning military products (further - authorized organizations of the Russian Federation).
3. The authorized organizations of the Russian Federation interested in acquisition of military products in the Republic of Belarus send to Federal Service for Military-Technical Cooperation (FSMTC of Russia) of the request in form according to appendix No. 1 with reasons for need of acquisition of the specified products.
4. Based on requests of authorized organizations of the Russian Federation FSMTC of Russia creates the list of the military products intended for import to the Russian Federation in form according to appendix No. 2. The specified list in the part concerning the organizations of the developers and producers of military products belonging to field of activity of the Ministry of Industry and Trade of the Russian Federation (Minpromtorg of Russia) and the State corporation on space activities Roskosmos (Roskosmos State corporation) goes FSMTC of Russia to Minpromtorg of Russia and Roskosmos State corporation. Minpromtorg of Russia and Roskosmos State corporation in 14-day time consider the list sent them from the point of view of assessment of possibility of military production by the relevant organizations taking into account execution of the state defense order, in the absence of objections approve the list and return it in FSMTC of Russia. In case of non receipt of FSMTC of Russia of the answer from Minpromtorg of Russia and Roskosmos State corporation in the specified time the list is considered approved.
After approval of the list of FSMTC of Russia sends it to authorized body of the Republic of Belarus for approval.
5. After receipt of the written notice of authorized body of the Republic of Belarus of approval of the list of the military products intended for import to the Russian Federation, FSMTC of Russia sends statements from the specified list in form according to appendix No. 4 to authorized organizations of the Russian Federation in the part concerning them.
6. FSMTC of Russia, having received the list of military products in which acquisition authorized organizations of the Republic of Belarus are interested from authorized body of the Republic of Belarus, requests authorized organizations of the Russian Federation about supply capacity them these products without prejudice to execution of the state defense order. Based on replies of these organizations of FSMTC of Russia creates the list of the military products intended for export from the Russian Federation in form according to appendix No. 3. The specified list in the part concerning the organizations - developers and producers of military products belonging to field of activity of Minpromtorg of Russia and Roskosmos State corporation goes FSMTC of Russia to Minpromtorg of Russia and Roskosmos State corporation. Minpromtorg of Russia and Roskosmos State corporation in 14-day time consider the list sent them from the point of view of assessment of possibility of production of the military products specified in it by the relevant organizations without prejudice to execution of the state defense order, in the absence of objections approve the list and return it in FSMTC of Russia. In case of non receipt of FSMTC of Russia of the answer from Minpromtorg of Russia and Roskosmos State corporation in the specified time the list is considered approved.
7. If the military products in which acquisition authorized organizations of the Republic of Belarus are interested fall under action of the international obligations of the Russian Federation in the field of export control assumed for the purpose of nonproliferation and means of its delivery, FSMTC of Russia sends the list of the military products intended for export from the Russian Federation to the Federal Service for Technical and Export Control (FSTEC of Russia) for review.
8. FSMTC of Russia approves the list of the military products intended for export from the Russian Federation in writing informs on it authorized body of the Republic of Belarus and sends statements from the specified list to authorized organizations of the Russian Federation in the part concerning them.
9. Statements from the approved lists of the military products intended for import to the Russian Federation (export from the Russian Federation), are registered, certified by the signature of the director of FSMTC of Russia or his deputy and seal of FSMTC of Russia.
10. Based on the received statements from the list of the military products intended for import to the Russian Federation (export from the Russian Federation), authorized organizations of the Russian Federation sign contracts with authorized organizations of the Republic of Belarus.
11. The questions concerning ensuring legal protection and conditions of use of results of research, opytnokonstruktorsky and military technological works, the rights to which belong to the Russian Federation (further - results of intellectual activities) and which contain in the military products intended for export from the Russian Federation shall be reflected in the signed contracts.
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