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Foreign economic activity. Special control over the export and import of nuclear materials, technologies and equipment in Russia (the most important)

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77. Special control of export and import of nuclear materials, technologies and equipment in Russia

In accordance with the Federal Law of July 18, 1999 No. 183-FZ "On Export Control" export control - a set of measures that ensure the implementation of the established procedure for the implementation of foreign economic activity in relation to goods, information, works, services, results of intellectual activity that can be used in the creation of weapons of mass destruction, their means of delivery, other types of weapons and military equipment.

Weapons of mass destruction - nuclear, chemical, bacteriological (biological) and toxin weapons.

Controlled goods and technologies - raw materials, materials, equipment, scientific and technical information, works, services, results of intellectual activity, which, due to their characteristics and properties, can make a significant contribution to the creation of weapons of mass destruction, their delivery vehicles, other types of weapons and military equipment.

Regulation of foreign economic activity in relation to goods, information, works, services, results of intellectual activity that can be used in the creation of weapons of mass destruction, their means of delivery, other types of weapons and military equipment is carried out in accordance with Chapter III of the Federal Law "On Export Control" .

Foreign economic transactions involving the transfer of controlled goods and technologies to a foreign entity are made in the presence of a written obligation of the foreign entity that these goods and technologies will not be used to create weapons of mass destruction and their means of delivery.

Foreign economic transactions involving the transfer of controlled goods and technologies to a foreign entity are subject to licensing. Decrees of the President of the Russian Federation approve lists of goods and technologies, the customs clearance of which is carried out only on condition of presentation of licenses issued by the Ministry of Economic Development of Russia.

Russian persons are prohibited from concluding and making foreign economic transactions with goods if such persons are reliably aware that these goods will be used by a foreign state or a foreign person for the purpose of creating weapons of mass destruction and their means of delivery.

Foreign economic transactions with goods subject to export control are subject to state expertise. State expertise is carried out by federal executive authorities and consists in the analysis of documents and information related to a foreign economic transaction in order to determine its compliance with the international obligations of the Russian Federation, state interests and environmental safety requirements.

For consideration of an application for a license or permit and execution of such a license or permit, a fixed fee is charged, the amount of which is credited to the federal budget.

The issued license or permit may be used by their legal owner only for the performance of that foreign economic operation with goods for which they were issued.

A license or permit may be revoked without prior notice or suspended by the issuing government agency if:

▪ provision by the owner of the relevant application;

▪ liquidation of the legal entity to which the license or permit was issued;

▪ violation by the owner of the requirements and conditions of the license or permit;

▪ violation by the owner of the legislation of the Russian Federation;

▪ illegality of the decision to issue a license or permit.

The decision to suspend the validity of a license or to cancel it is brought to the license holder not later than three days from the date of such a decision.

Author: Bobkova O.V.

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