LAW OF THE REPUBLIC OF ARMENIA

of April 27, 2010 No. ZR-42

About control of commodity exportation of dual purpose, their transit across the territory of the Republic of Armenia, and also information transfer of dual purpose and results of intellectual activities

Accepted by National Assembly of the Republic of Armenia on April 8, 2010

Chapter 1. General provisions

Article 1. Subject of regulation of this Law

1. This Law establishes the principles of implementation of state policy in the field of control of commodity exportation of dual purpose, their transit transportation on the territory of the Republic of Armenia, information transfer of dual purpose and results of intellectual activities, the right, obligation of the subjects exporting dual-use goods, obligations of the subjects transferring information of dual purpose and results of intellectual activities.

Article 2. The basic concepts used in the Law

1. In this Law the following basic concepts are used:

1) dual-use goods (further – controlled goods) – the property of each type which is applied to the civil purposes and according to their nature and properties can be used also in the military purposes, including for creation of weapons of mass destruction and means of its transportation;

2) information and products of intellectual activities of dual purpose (further – controlled non-material values) – information, product of intellectual activities of any nature, computer programs which are applied to the civil purposes and according to their nature and properties can be used also in the military purposes, including for creation of weapons of mass destruction and means of its transportation. For transfer of the non-material values controlled with violation of the procedure established by this Law, person is subject to responsibility only in that case when realized or shall realize, they except the civil purposes, can be used also in the military purposes, including for creation of weapons of mass destruction and means of its transportation;

3) weapons of mass destruction – nuclear, chemical and biological weapon;

4) means of transportation – rockets and aircraft with remote control which can be used in the military purposes, including for transportation of weapons of mass destruction;

5) export of controlled goods – export of controlled goods from customs area of the Republic of Armenia;

6) transit transportation of controlled goods – transportation of controlled goods on customs area of the Republic of Armenia from customs authority on entry into the Republic of Armenia to customs authority on departure from the Republic of Armenia;

7) transfer of controlled non-material values – the message, provision of controlled non-material values by means of system of oral, written, electronic communication or telecommunication, and also ensuring availability to other persons outside the Republic of Armenia any different way;

8) control of turnover – system of the actions applied to export of controlled goods according to the procedure, established by this Law, their transit transportation on the territory of the Republic of Armenia and transfer of controlled non-material values which purpose is ensuring execution of the international obligations undertaken by the Republic of Armenia and also protection of interests of homeland security of the Republic of Armenia;

9) the end user – foreign state, legal entity or physical person of foreign state which is real user of the controlled goods exported from the Republic of Armenia or conveyed as transit goods on the territory of the Republic of Armenia, and also controlled non-material values;

10) final use – use by the end user of controlled goods and controlled non-material values according to the declared purpose;

11) the end-user certificate – the document containing the data on state receiving controlled goods and (or) controlled non-material values, or faces of this state (legal or physical), the place of its stay and activities, about the description of the exported controlled goods or the transferred controlled non-material values, about the purpose of final use of these goods, information or products of intellectual activities which also confirms that the specified goods and (or) information will not be transferred to the third country or person or will not be used in other purposes, except declared, without the written and properly certified consent of state body of the exporting country. If the end-user certificate is established by the legislation of the importing country, it is approved by competent authority of public administration of the country of the end user;

12) the intra organizational program of compliance – organizational, administrative, information and other actions which are performed by export subjects for the purpose of observance of rules of control of turnover;

13) proper informing – informing is considered committed properly if it was sent by the registered mail with the assurance of receipt or using other means of communication providing registration the message (including departure of the message to the phone number specified by the applicant), or by means of electronic system (including e-mail specified by the applicant), and also other means of electronic communication established by the legislation or is handed on receipt (further – proper method).

Article 3. Legislation of the Republic of Armenia on control of the address

1. The legislation of the Republic of Armenia on control of the address consists of the Constitution of the Republic of Armenia, this Law and other legal acts.

2. If international treaties of the Republic of Armenia establish other regulations, than this Law, then regulations of international treaties are applied.

Article 4. The principles of state policy in the field of control of the address

1. The state policy of the Republic of Armenia performed in the field of control of the address is component of its domestic and foreign policy.

2. The basic principles of state policy of the Republic of Armenia in the field of control of the address are:

1) application of procedure for the export permit of controlled goods and transfer of the values controlled non-material, in case of transit transportation, the notification procedure,

2) law enforcement, publicity and availability of information in questions of control of the address,

3) priority of interests of homeland security of the Republic of Armenia,

4) compliance and harmonization of methods and control procedures with the international standards and practice,

5) cooperation with foreign states and the international organizations in the field of control of transfer of controlled goods and controlled non-material values.

Article 5. Purposes of control of the address

1. The purposes of control of the address are:

1) protection of interests of homeland security of the Republic of Armenia,

2) providing the international obligations of the Republic of Armenia.

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