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Foreign economic activity. Licensing of arms imports (most important)

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74. Licensing of the import of weapons

Currently, Federal Law No. 19-FZ of July 1998, 114 "On Military-Technical Cooperation of the Russian Federation with Foreign States" is in force. This Law establishes the principles of state policy in the field of military-technical cooperation of the Russian Federation with foreign states, the legal and organizational foundations for the activities of state authorities of the Russian Federation, state regulation and financing of work in the field of military-technical cooperation, establishes the procedure for participation in the implementation of military-technical cooperation developers, manufacturers of military products and other subjects of military-technical cooperation and determines their rights in this area. In accordance with the Decree of the President of the Russian Federation of September 10, 2005 No. 1062 "Issues of military-technical cooperation of the Russian Federation with foreign states", a number of provisions were approved, including the Regulation on the procedure for licensing in the Russian Federation the import and export of military products (hereinafter - Position).

The regulation establishes the procedure for issuing licenses for import into the Russian Federation, including the temporary import of military products, which are subject to control and are carried out under licenses.

Licenses for the import and export of military products are issued by the Federal Service for Military-Technical Cooperation.

Licenses are issued only to a state intermediary - a specialized federal state unitary enterprise formed by decision of the President of the Russian Federation, and organizations - developers and manufacturers of military products that have received, in the prescribed manner, the right to carry out foreign trade activities in relation to military products.

To obtain a license, the applicant organization submits the following documents to the Federal Service for Military-Technical Cooperation:

▪ statement;

▪ a copy of the contract or an extract from the contract with a foreign customer;

▪ a copy of the agreement between the applicant organization and the organization - developer and manufacturer of military products;

▪ documents confirming the settlement with the Ministry of Justice of the Russian Federation of issues of legal protection of the interests of the state in the process of transferring to foreign customers and their use of the results of research, development and technological work for military purposes, which are contained in the military products intended for transfer and the rights to which belong to the Russian Federation;

▪ end-user certificate - a document legalized in the prescribed manner, containing the obligations of an authorized body of a foreign state to use military products exported from the Russian Federation only for the stated purposes and not to allow their re-export or transfer to third countries without the consent of the Russian Federation;

▪ a copy of the permit for a foreign organization to carry out foreign trade activities in relation to military products;

▪ documents confirming the authority of a foreign organization to conclude a contract with the applicant organization.

An application for the import of military products must be approved by the Ministry of Defense within 5 working days of the day the application is received. The export of military products carried out for its demonstration at international exhibitions and shows does not require coordination.

If the approval of the application for a license or the issuance of a reasoned opinion on the refusal to approve it within the specified time period is not carried out, then the application for a license is considered agreed.

The license is issued to the applicant organization within a period not exceeding 5 working days from the date of receipt by the Federal Service for Military-Technical Cooperation.

Author: Bobkova O.V.

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