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The document ceased to be valid since November 11, 2016 according to Item 3 of the Order of the Government of the Russian Federation of November 1, 2016 No. 1113

ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of June 9, 2005 No. 364

About approval of Regulations on licensing in the field of foreign trade in goods and about forming and maintaining federal bank of the granted licenses

(as amended on 05-08-2014)

In pursuance of the Federal Law "About Bases of State Regulation of Foreign Trade Activity" Government of the Russian Federation decides:

1. Approve enclosed:

Regulations on licensing in the field of foreign trade in goods;

Regulations on forming and maintaining federal bank of the granted licenses.

2. Declare invalid Item 1 of the Order of the Government of the Russian Federation of October 31, 1996 No. 1299 "About procedure for carrying out tenders and auctions for sale of quotas in case of introduction of quantitative restrictions and export licensing and commodity import (works, services) in the Russian Federation" (The Russian Federation Code, 1996, No. 46, Art. 5249; 1998, No. 6, Art. 746; No. 12, Art. 1442; 1999, No. 1, Art. 207; 2000, No. 52, Art. 5153; 2004, No. 31, Art. 3268; 2005, No. 7, the Art. 562) regarding approval of the Regulations on procedure for export licensing and commodity import (works, services) in the Russian Federation.

3. Determine that the export licenses and commodity import issued before entry into force of this Resolution are valid before the termination of term of their action.

4. This Resolution becomes effective in one month after its official publication.

Russian Prime Minister

M. Fradkov

Approved by the Order of the Government of the Russian Federation of June 9, 2005 No. 364

Regulations on licensing in the field of foreign trade in goods

1. This Provision determines procedure for licensing in the field of foreign trade in goods (further - licensing).

For the purpose of this provision licensing is understood as the ministerial procedure of regulation of the foreign trade transactions performed by issue of the document resolving export and (or) import of separate types of goods.

2. Licensing is performed in the following cases:

a) introduction of temporary quantitative restrictions for export or import of separate types of goods;

b) realization of allowing export procedure and (or) import of separate types of goods which can make adverse effect on safety of the state, life or health of citizens, property of physical persons or legal entities, the state-owned or municipal property, the environment, life or health of animals and plants;

c) provision of exclusive export right and (or) import of separate types of goods;

d) accomplishment of the international obligations by the Russian Federation.

3. The Ministry of Industry and Trade of the Russian Federation and (or) its territorial authorities, and concerning export and (or) gas import natural in a liquefied state - the Ministry of Energy of the Russian Federation (further - licensing authorities) issue to participants of foreign trade activity (further - applicants) the following license types:

a) the one-time license - the document issued to the applicant based on the agreement (contract) which drew up the foreign trade transaction which subject is export or import of separate type of goods in certain quantity. Effective period of the one-time license cannot exceed 1 year from the date of its issue. If concerning goods temporary quantitative restrictions are introduced, effective period of such license comes to an end on January 1 the next year;

b) the general license - the document issued to the applicant based on the decision of the Government of the Russian Federation resolving export and (or) import of separate type of goods in certain quantity. Effective period of the general license cannot exceed 1 year from the date of its issue. If concerning goods temporary quantitative restrictions are introduced, effective period of such license comes to an end on January 1 the next year;

c) the exclusive license - the document providing to the applicant the exclusive export right and (or) import of separate type of goods determined by the relevant Federal Law.

4. Licenses are drawn up on forms which forms affirm the Ministry of Industry and Trade of the Russian Federation.

5. For receipt of the license the applicant submits the following documents to the licensing body:

a) the statement for provision of the license in the form approved by the Ministry of Industry and Trade of the Russian Federation, in one copy on the paper and magnetic carrier;

b) the copy of the agreement (contract) which drew up the foreign trade transaction (in case of execution of the one-time license), certified by the sign and seal of the applicant;

c) the copy of the certificate on registration in tax authority certified by the sign and seal of the applicant;

d) other documents if they are determined by the legislation of the Russian Federation.

6. The licensing body registers in accordance with the established procedure the documents submitted according to Item 5 of this provision.

7. The decision on licensing or on refusal in licensing is accepted by the licensing body till 20 days from the date of document registration provided according to Item 5 of this provision.

The notification on refusal in licensing containing motivated reasons for refusal goes to the applicant.

8. In case of change of form of business, the name or place of registration of the applicant - the legal entity, or change of surname, name, middle name or the residence of the applicant - the individual entrepreneur, or loss of the license the applicant (licensee) shall not later than in 15 days to provide to the relevant licensing organ the letter with request for renewal of the license with appendix of the new statement specified in the subitem "an" of Item 5 of this provision, and the documents confirming such changes or loss of the license.

Issue to the renewed license is performed till 5 days from the date of document registration of the applicant.

9. Modification of the granted license is not allowed.

10. To the applicant it can be refused licensing on the following bases:

a) wrong execution of the statement for provision of the license;

b) message of false information;

c) exhaustion of quota (when licensing in case of introduction of temporary quantitative restrictions for export or import of separate types of goods).

11. The decision on suspension of action of the granted license or on its cancellation is accepted by the licensing body which granted the license in the following cases:

a) submission of the corresponding statement by the licensee;

b) violation by the licensee of conditions of the license.

12. The notification on suspension of action of the granted license or on its cancellation goes to the licensee and to the Federal Customs Service with reasons for the reasons of adoption of such decision.

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