In this article we will present a characteristic of one concept that is wide enough and interesting for consideration. It will be about dual-use goods. We will touch upon both specific names and the specifics of the export of such goods in modern reality in the Russian Federation and the world.
Dual-use products are ...
First of all, we give a definition of the term. Dual-use goods are those items that can be used both for ordinary, peaceful purposes and for creating weapons of mass destruction and their delivery devices. The second name is dual-use products.
Dual-use goods are, in particular, materials, raw materials, equipment, as well as technologies and scientific and technical data that can be useful in creating weapons:
- nuclear;
- rocket;
- bacteriological;
- chemical;
- other weapons and military equipment used as weapons of mass destruction.
The export of such items is under special control.
Export Control Objects
Both the list of dual-use goods and the control of their exports in our country are regulated by Government Decrees and Presidential Decrees. These goods are objects of an export control system created to protect Russian state interests in the context of liberalization of foreign economic activity (FEA), the conversion of the defense industry, and compliance with international treaties on the non-proliferation of weapons of mass destruction. The implementation of this EC system is the prerogative of the Export Control Commission of the Russian Federation under the Russian Government.
In addition to dual-use goods, the following are subject to export control:
- cryptographic tools;
- military goods;
- civil weapons units;
- a number of some other varieties of goods.
A participant in foreign economic activity when exporting dual-use goods is required to provide the customs control body with a license from the Ministry of Economic Development of the Russian Federation for the export of these items or documents that would be an assurance of the unnecessary licensing documentation.
Export Control Procedure
The control of the export of goods and dual-use technologies for their further peaceful use includes the following:
- Coordination of various draft international Russian treaties on the transfer of dual-use products and technologies. The Ministry of Foreign Affairs of the Russian Federation, the Ministry of Foreign Economic Relations, the Russian Federal Service for Currency and Export Control are required to take part in the procedure.
- Both preparation and issuance of an opinion providing the possibility of the export of such goods.
- Licensing for dual-use goods and technologies.
- Both customs clearance and customs control of dual-use units shipped abroad of Russia, unless otherwise provided by decisions of the Government and the President, legislative documents of the Russian Federation.
The need for a license and its absence
We will analyze when it is needed, and when there is no license to import dual-use goods from the Russian Federation to other states:
- Necessity of a license: general and particular characteristics of an exported unit or a series of units coincide with general and particular characteristics of dual-use names. The general characteristics here include the code of the trade nomenclature of foreign trade activities of the CIS countries. Private signs are the specific characteristics of the exported units.
- There is no need for a license: common features coincide, while private ones do not.
In the latter case, an alternative to a license will be data on the technical characteristics of the product and its purpose, drawn up in the form of a strictly document form. The information presented there should be sufficient so that the customs officer can decide on whether to allow or prohibit the export of dual-use goods.
If the information provided is not sufficient to reach a verdict, a technical and legal examination is appointed, which will dot all i.
WEC conclusion for a license
In order not to attract the effect of sanctions on dual-use goods, the exporter seeks to obtain an EEC conclusion for his goods, which is a “pass” for acquiring a one-time license to import into another country. To do this, provide the following documentation:
- Relevant statement.
- A notarized copy of your state registration.
- A copy of the export contract or contract, certified by the signature of the head or an equal person by the authority of an official, with the company's seal. It is also mandatory to indicate the date of issue and information on the whereabouts of the original document.
- An extract from the registry or an alternative document confirming the registration of the final owner in accordance with all the rules of his country.
- A document listing the obligations of the importer.
- Import certificate or similar document.
License issuance
A license to import dual-use goods to other states is issued according to the mentioned conclusion of the Russian Export Control Commission under the Government of the Russian Federation.
In this case, the following data must be indicated in the contract:
- About end users of products.
- About the purposes of operation, use of exported goods.
- Obligations (in other words, assurances) of the importer that units of goods will be operated exclusively for the purposes stated by them that are not related to the illegal production of weapons. It is necessary to indicate the assurances that the goods will not be re-exported to another state and transferred to another person, except the final owner, without the written consent of the exporting party.
It is necessary to take into account the fact that the whole range of obligations of the importer is drawn up in the authorized body of the importing state.
No license needed
A license for dual-use goods and technologies is not needed in a number of cases:
- If the controlled unit of goods is registered in Russia as intended for repair or maintenance of sea or river vessels.
- The product was imported into Russia earlier in accordance with the provisions of temporary import, subject to the condition that it will be returned to the owner, who sent it to the Russian Federation.
- A unit of products was imported by a participant in foreign economic activity for its subsequent repair or replacement with the same according to the warranty obligations under the contract document.
- The goods were previously exported by a foreign trade participant from the Russian Federation; was imported back for repair or replacement with an identical unit of production.
Dual Use List
The final list of dual-use goods and technologies was approved by Presidential Decree No. 1661. The latest changes in it are dated April 7, 2017. This list is very common and extensive - we will present some of the items available in it:
- Gas masks, protective suits, gloves, shoes for work in conditions of radioactive, chemical, bacteriological contamination.
- Electronic equipment that detects the presence of explosives in the immediate vicinity.
- Substitutes that mimic toxic substances in exercises, research.
- Body armor and a number of components for them.
- Remote-controlled vehicles.
- Bombers.
- Detonators.
- Chargers and their components.
- Explosives (tetrazines, nitroglycerin, triazole, tetrazoles, imidazoles, octogen, furazans, etc.).
- Multi-coordinate weaving machines.
- Software-controlled ultrasonic flaw detection devices.
- Equipment for the production of prepregs.
- Materials created to absorb electromagnetic waves.
- Conductors constructed from superconducting composite materials.
- Technologies for the production and development of polybenzothiazoles and much more.
Dual-use goods are those items that will be equally useful both in peacetime and in war for the illegal creation of weapons of mass destruction, which is why exporting such units from our country, as well as from many others, is fraught with a number of difficulties.