LAW OF THE AZERBAIJAN REPUBLIC

of October 26, 2004 No. 772-IIQ

About export control

This Law establishes the legal basis of implementation of export control by state bodies, determines rules of movement of the goods (works, services, results of intellectual activities) falling under export control through customs border of the Azerbaijan Republic

Article 1. The basic concepts used in this Law

1.1. For the purposes of this Law the following concepts are used:

1.1.1. export control - package of measures, providing implementation in the procedure for import to the territory of the Azerbaijan Republic, export established by the legislation of the Azerbaijan Republic from this territory and transit of the goods (works, services, results of intellectual activities) falling under export control;

1.1.2. goods (works, services) dual purpose - goods (works, services) which are used in the civil purposes, but can be used also during creation and production of weapons of mass destruction and means of its delivery, other types of arms, military equipment, supplies;

1.1.3. the nomenclature of the goods (works, services, results of intellectual activities) falling under export control, the list of goods (works, services, results of intellectual activities) which are used during creation and production, and also goods (works, services) of dual purpose, raw materials, materials, including nuclear and special non-nuclear materials, the equipment, scientific and technical information, means used against crime and terrorism; which can be used during creation and production of weapons of mass destruction and means of its delivery, other types of arms, military equipment, supplies.

1.1.4. results of intellectual activities - scientific works, copyright on electronically - computer facilities and programs of information collections, the rights of industrial property, the prospecting rights, goods (the works, services) made by legal entities and physical persons (belonging it) rendered by them the services, arms, military equipment, dual-use goods, industrial designs and "know-how" connected with the special equipment and technologies for production of weapons of mass destruction;

1.1.5. weapons of mass destruction - nuclear, chemical, bacteriological (biological) and toxic weapon.

1.2. Other concepts used in this Law concerning civil, customs and other legislation express the values established in the corresponding legal acts.

Article 2. The legislation of the Azerbaijan Republic in the field of export control

2.1. The legislation of the Azerbaijan Republic in the field of export control consists of the Constitution of the Azerbaijan Republic, this Law, the legislation on customs affairs, sanitary and epidemiologic and radiation safety of the population and other regulatory legal acts of the Azerbaijan Republic.

2.2. If this Law contradicts interstate international treaties as which participant the Azerbaijan Republic acts, these international treaties are applied.

Article 3. Scope of the legislation on export control

3.1. This Law is applied when exporting, importing, re-export, reimport, transit of the goods (works, services, results of intellectual activities) falling under export control and in other transactions of foreign economic activity.

3.2. This Law is applied also in cases if the operations performed between legal entities and physical persons, or the signed agreements create possibility of distribution of explosive and radioactive materials, materials, devices, weapons of mass destruction, other arms and do harm to homeland security and interests of the Azerbaijan Republic.

3.3. The relations in the field of export control in the Alyatsky free economic zone are governed according to requirements of the Law of the Azerbaijan Republic "About the Alyatsky free economic zone".

Article 4. Purposes and principles of implementation of export control

4.0. Main objectives and the principles of implementation of export control in the Azerbaijan Republic are:

4.0.1. ensuring national security of the Azerbaijan Republic;

4.0.2. ensuring political, military and economic interests of the Azerbaijan Republic in implementation of export control;

4.0.3. observance of obligations according to interstate international treaties which the Azerbaijan Republic, about nonproliferation and other types of arms joined;

4.0.4. check of the end user, the intermediate parties and technological level of the goods (work, service, results of intellectual property) falling on control within non-proliferation regime of weapons of mass destruction;

4.0.5. publicity of information on the legislation on export control, and also to carrying out policy of export control.

Article 5. The goods (works, services, results of intellectual property) falling under export control

5.0. Irrespective of origin, the owner and time of production, the following goods fall under export control according to requirements and conditions (works, services, results of intellectual property):

5.0.1. the goods falling under export control (works, services, results of intellectual property) and the technologies provided in the interstate international treaties signed by the Azerbaijan Republic;

5.0.2. military goods, including weapons of mass destruction and means of their delivery;

5.0.3. goods (works, services, results of intellectual property) which can be used in creation and production of weapons of mass destruction, arms, military equipment and supplies;

5.0.4. the explosive and radioactive materials, materials, devices showing radioactive sources, sources, installations of ionoizlucheniye

5.0.5. the other goods (works, services, results of intellectual property) falling under the export control determined by relevant organ of the executive authority including in view of end use or the user;

Article 6. The list of the goods (works, services, results of intellectual property) falling under export control

6.1. The list of the goods (works, services, results of intellectual property) falling under export control of the Azerbaijan Republic is determined and affirms relevant organ of the executive authority of the Azerbaijan Republic.

6.2. The list after approval shall be published in the appropriate order.

Article 7. System of implementation of export control

7.1. The system of export control determines rules of conducting transactions of export, import, re-export, reimport, transit of the goods (works, services, results of intellectual property) falling under export control.

7.2. The system of export control of the Azerbaijan Republic includes:

7.2.1. legal acts on export control;

7.2.2. determination of the list of the goods (works, services, results of intellectual property) falling under export control;

7.2.3. determination of export regime of the goods (works, services, results of intellectual property) falling under export control to the certain countries;

7.2.4. implementation of export, import, re-export, reimport, transit of the goods (works, services, results of intellectual property) falling under export control on special permission;

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