Any state engaged in foreign trade activities implements a set of measures aimed at protecting political, economic, and military interests. At the same time, within the framework of the state policy, measures are envisaged to ensure compliance with international obligations regarding the proliferation and use of weapons of mass destruction.
All these measures are combined by such a concept as "export control". Rules are in force in the Russian Federation, the EAEU and abroad, the implementation of which helps to prevent unwanted and dangerous actions associated with WMD. Let us consider in more detail how they are implemented.
What does export control mean?
Measures to ensure compliance with international standards are based on the visa system for the movement of goods and technologies controlled by the state. It is introduced through licensing of relevant foreign trade transactions.
Export control in the Russian Federation and abroad is approved by a number of government decrees. They establish the rules for conducting controlled operations, the conditions for their implementation, requirements for contracts, completeness and content of documents for issuing a license. Decisions on issuing permits or refusal to do so are made by authorized interrelated departments after a comprehensive assessment of the risks associated with the export of dangerous products.
Thus, export control in the Russian Federation is a set of measures to supervise the implementation of the official procedure for concluding foreign economic transactions with a limited list of technologies and goods. These include raw materials, services, equipment, work, materials, products of intellectual labor, scientific and technical information that can be used in the development of weapons of mass destruction, means for their delivery, other types of weapons and equipment, as well as the implementation of terrorist acts.
Normative base
Export control in the Russian Federation is based on the following multilateral international agreements:
- NPT - on the non-proliferation of nuclear weapons.
- MTCR - on the regime of rocket technology control.
- Wassenaar agreements on joint control of the export of conventional weapons and high technology to conflicting parties.
In addition, several committees operate internationally:
- NSG is a group of suppliers of nuclear arsenal.
- Australian group. It regulates compliance with agreements on the non-proliferation of biological and chemical weapons.
- Zangger Committee.
Within the framework of agreements and contracts related to export control , international lists of products to be inspected are compiled, and guidelines for its export are compiled. The participants in these international acts commit themselves to be guided by lists and recommendations when developing national programs. Meanwhile, only individual states are vested with the preemptive right to implement instructions, issue licenses and apply sanctions.
Export control, therefore, acts as a mechanism to ensure the non-proliferation of hazardous facilities.
A license is an approval of a foreign trade transaction under certain conditions with 100% guarantee that the technology or product will not get to an undesirable user who can use them to create WMDs.
Export control in the Russian Federation
Its principles were introduced back in 1992. Since then, the export control system has significantly expanded and improved.
At the moment, the foundations of its functioning have been approved, the powers and responsibilities between the executive structures of state power are divided. In addition, an effective regulatory framework has been formed. All this contributed to the fact that export control in the country meets international requirements.
General order
Export control in Russia is handled by the Federal Service of the Fuel and Energy Complex. It operates on the basis of the provisions of the Federal Law No. 183.
The lists of controlled technologies and goods are approved by the President by relevant decrees. In Russia, 6 such acts were adopted. In America and the EU, a joint list is being formed.
To complete a foreign economic transaction related to the provision of controlled products or technology to a foreign state, a license is issued.
To obtain permission, the Russian manufacturer must submit a package of documents to the FSTEC. The administrative regulations of the service prescribe the procedure for the transfer of securities, completeness, maintenance requirements, deadlines, methods and amounts of payment.
Lists
They are the key export control mechanism. Each list contains technologies or products that have a certain relation to a specific type of weapons of mass destruction.
Currently, 6 lists are approved in the Russian Federation. On their basis, export control of dual-use facilities and the use of a nuclear arsenal is carried out. These lists clearly indicate objects (equipment, materials, facilities), technologies associated with them, suitable for use in the creation or testing of weapons of mass destruction, and also used as components of such weapons.
In compiling list No. 6, the NSG information was used. This list contains only those facilities that are used in the nuclear peaceful cycle. According to the NPT, the transfer of any goods or technologies related to the production of nuclear weapons to countries without it is prohibited.
The lists thus make it possible to track not only the material provision of items for which export control is applied, but also the transfer of technology. Under them, according to the notes to the lists, one should understand the specific information necessary for the use, manufacture, development of certain goods. This data may be technical indicators or technical guidance.
Data can be drawn up by drawings, diagrams, tables, etc.
The essence of the process
Export control includes the following steps:
- Identification of technology or product. It is carried out by determining compliance with the positions indicated in the lists.
- Issuance of a permit for a foreign economic transaction.
- Border control, customs clearance, currency checks.
Identification
It is carried out through official examination by interdepartmental councils at the Ministries of Trade and Economic Development.
The check is carried out on the basis of materials provided by the Russian side of the Ministry of Economic Development for obtaining a permit. The conclusion drawn up by the results of the examination is the basis for the grant of a license.
Manufacturer's participation
To carry out export control strictly in accordance with the rules, enterprises have the right to introduce a system at a local level. Internal documents of the manufacturer include the necessary administrative, informational, organizational and other activities.
Enterprises that have implemented local export control programs must be accredited by the Ministry of Economic Development. Accreditation is carried out in the manner prescribed by Regulation No. 176 of 2000 (the document is approved by the Government).
Import Features
The import of certain types of products into the territory of Russia is also carried out under license. In particular, a permit must be issued for moving:
- Toxins and microorganisms (list 1).
- Chemicals from sections 1-3 of the second list.
- Radioisotope products (list 3).
- There are 5 products in section 5 of the list.
- All objects listed in list 6.
Products listed in List 4 are not licensed upon import.
Additionally
It should be borne in mind that export control extends to foreign trade operations with products not listed.
Such a situation is possible if the participant in foreign economic activity was notified in writing by the FSTEC or has reason to believe that its goods can be used to create weapons of mass destruction, means for their delivery, other types of weapons, equipment or for aiding terrorists. In these cases, the entity must contact the FSTEC and obtain a license.