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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of June 13, 2012 No. 582

About approval of Rules of the organization and conducting checks of the Russian participants of foreign economic activity performing 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

According to article 8 of the Federal law "About Export Control" Government of the Russian Federation decides:

Approve the enclosed Rules of the organization and conducting checks of the Russian participants of foreign economic activity performing 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.

 

Russian Prime Minister D. Medvedev

Approved by the order of the Government of the Russian Federation of June 13, 2012 No. 582

Rules of the organization and conducting checks of the Russian participants of foreign economic activity performing 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

1. The these rules developed according to article 8 of the Federal law "About Export Control" determine procedure for the organization and conducting checks of accomplishment by the Russian participants of foreign economic activity performing 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, the requirements established by the legislation of the Russian Federation in the field of export control (further respectively - checks, goods and technologies concerning which export control, mandatory requirements is established).

2. Treat mandatory requirements:

a) observance of the procedure of the external economic transactions established by the Federal Laws and other regulatory legal acts of the Russian Federation with goods and technologies concerning which export control is established;

b) observance of established procedure of accounting of the external economic transactions for the purposes of export control, and also storage durations of the relevant accounting documents;

c) observance of the requirements (conditions, restrictions) set by the license (permission) to implementation of the external economic transactions with goods and technologies concerning which export control is established;

d) observance of obligations on use in stated purposes of goods (services) of double application imported to the Russian Federation with provision of the Russian import certificate;

e) observance of the special economic measures established by acts of the President of the Russian Federation within implementation of the Federal Law "About Special Economic Measures" , prohibitions and restrictions in the sphere of foreign trade in goods and technologies.

3. Are performed by authorized officers of the Federal Service for Technical and Export Control directly or its territorial authorities (further - state control bodies) and aim at the prevention, identification and suppression of violations by legal entities, their heads or other officials, individual entrepreneurs, their authorized representatives of mandatory requirements.

4. Officials of state control bodies, representatives to perform checks, are:

a) heads and deputy managers of state control bodies;

b) heads and deputy managers of structural divisions of state control bodies within which scope of maintaining questions of export control fall;

c) other government civil servants of state control bodies which official regulations of the internal organization of activities provide powers on implementation of checks.

5. Are performed according to requirements of the Federal Law "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) and Municipal Control" taking into account features, the stipulated in Clause 17 Federal Laws "About Export Control".

6. Are performed in the form of scheduled and unscheduled documentary and exit inspections.

7. The term of conducting check constitutes no more than 30 working days from the date of the beginning of its carrying out.

In exceptional cases, the difficult and (or) long researches connected with need of carrying out, testing, special examinations and investigations, based on motivated proposals of officials of the state control bodies performing the term of conducting check can be prolonged based on the decision of the head (deputy manager) of state control body, but no more than for 20 working days.

8. Scheduled inspections are carried out based on the annual plan of the conducting planned inspections approved by the director of the Federal Service for Technical and Export Control in accordance with the established procedure and posted on the official site of Service on the Internet except for of data which distribution is limited or it is forbidden in accordance with the legislation of the Russian Federation.

9. The basis for inclusion of check of the Russian participant of foreign economic activity in the annual plan of conducting planned inspections is the expiration of the 3-year period from the date of state registration of this participant as the legal entity or the individual entrepreneur or from the date of the end of carrying out concerning its state control body of the last scheduled inspection provided that the Russian participant of foreign economic activity within these 3 years performed the external economic transactions with goods and technologies concerning which export control is established.

10. The basis for carrying out unscheduled inspection is:

a) the expiration of execution by the Russian participant of foreign economic activity of the instruction which is earlier issued by state control body about elimination of the revealed violation of mandatory requirements;

b) submission by the legal entity, individual entrepreneur to the Federal Service for Technical and Export Control of the statement for provision of the license or permission to implementation of the external economic transaction with goods and technologies concerning which export control is established;

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