As the sole inheritor of the Soviet system of export controls, the Russian
Federation was the only Newly Independent State that was able to draw upon the
considerable technical expertise and experience in the field of export control
policy that had existed in Soviet Moscow. Since 1992, Russia has made
significant progress in reorganizing the previously existing bureaucracy and
establishing a more comprehensive framework for nonproliferation export
controls.
Administrative Entities
Article 8 of Russia's law On
Export Control broadly defines the duties of governmental entities in the
sphere of export control. The Department of Export Control
of the Ministry of Economic
Development and Trade is the country's lead export control agency; it issues
licenses for the export of dual-use and critical nuclear materials. The
President and the Export Control
Commission also play significant roles in the export control system.
The export control duties of these and other Russian entities are outlined in
the table below.
Defines basic guidelines of
Russia's export control policy. Ensures coordination between various
government agencies responsible for conducting export control. Approves
lists of controlled goods and technologies.[1,2]
Ratifies treaties and approves
laws. From time to time, the lower house of the Russian
parliament, the Duma, attempts to play a more active role in export
controls.[2]
Implements export control policy,
including compliance with international export control regimes. Determines
procedures for conducting foreign trade in controlled items. Negotiates
and signs international export control agreements on behalf of the Russian
Federation.[1,2]
Coordinates policy, implements
legislation, resolves interagency disputes, and makes recommendations for
improving licensing procedures and other regulations.[1]
Issues all licenses for exports of controlled
goods. Provides organizational and informational
support to the Export Control Commission. Coordinates development of
regulations and implementation of interagency review process. Provides
information support to exporters.[1,3]
Evaluates all contracts and agreements signed by enterprises subordinate
to Minatom. Makes decisions on the advisability of exports of
nuclear products and technologies. Reviews export licenses for
certain nuclear items and previews nuclear-related licenses before
submission to the Department of Export Control. Develops control
lists for nuclear commodities and technologies.[1,3]
Responsible for
international aspects of Russia's export control policy. Coordinates
drafts of international agreements on export control. Participates
in international negotiations and meets with multilateral export control
bodies.[1,3]
Consults with the Department of
Export Control on licensing exports that might be related to military
products.[1] Licenses exports of arms and dual-use defense items.
Its Commission for Military and Technical Cooperation determines whether
an export should fall under MOD or MEDT purview.[4]
Verifies licenses at border
checkpoints.[1] Two branches of the State Customs Committee deal
with export controls: the Department of Technical Control and
Transportation of Nuclear Materials, and the Department of Non-tariff
Regulations and Export Controls.[3]
Charged with gathering
intelligence and investigating domestic exporters and foreign entities and
providing information to other state agencies. The Federal Security
Service is also responsible for investigating possible export control
violations.[3]
Determines the rights of the Russian government to tax exports considered
to use government intellectual property.[1,3]
Other governmental entities that
have limited roles in Russia's export control system include the following:
the Federal Inspectorate for Nuclear and
Radiation Safety (Gosatomnadzor), Russian Shipbuilding Agency, the
Russian Munitions Agency, and
the Russian Control Systems
Agency.[3,5] Sources: [1]
Status of the State Licensing System of Control Over Exports of Nuclear
Materials, Dual-Use Commodities and Technologies in Russia (Moscow: International Business Relations Corporation,
2002), pp. 16-18.
[2] Elina Kirichenko, "Eksportnyy kontrol v Rossii: novoye v zakonodatelstve i
infrastrukture (tezisy)," NISNP Representative Office Weekly Lecture, Almaty,
Kazakhstan, May 2001.
[3] Michael Beck, Maria Katsva, and Igor
Khripunov, "Assessing Proliferation Controls in Russia,"Center for
International Trade and Security, University of Georgia, University of Georgia
Web Site, http://www.uga.edu/cits/ttxc/nat_eval_Russia_2001.htm.
[4] Igor Khripunov, "Chapter 6. Export Control Assistance to Russia and Other FSU States;"
in
Protecting against the Spread of Nuclear, Biological, and Chemical Weapons:
An Action Agenda for the Global Partnership (Washington DC: Center for
Strategic and International Studies, 2003), Center for Strategic and
International Studies Web Site,
http://csis.org/pubs/2003_protecting.htm.
[5] Sonia Ben Ouagrham, Export Control Procedure in the Nuclear Sector
(Unpublished report:
Center for Nonproliferation Studies, 2001). {Entered
3/10/2003 KB}
Export Control Legislation
According to a March 2002 report by
the International Business Relations Corporation, there are approximately 50
legislative and regulatory export control acts in Russia. The July 1999
law On Export Control is the basis for
procedures and penalties that are codified in more detail in presidential
edicts, government decrees, and regulatory documents.
The law delineates the scope and subjects of the export control system,
lists the government entities charged with overseeing the export control
process, and establishes a "catch-all" clause.[1,2] By
June 2002, all implementing acts of the law had been
adopted.[3]
Control lists constitute another important part of export control
legislation. Following closely lists issued by the multilateral export control
regimes, the current Russian export control lists cover: nuclear materials, equipment, special non-nuclear
materials and relevant technologies; dual-use equipment, materials and technologies
potentially used for nuclear purposes; raw materials, manufactures, equipment, technologies
and results of R&D activities with potential for use in developing armaments
and military hardware; chemicals, equipment and technologies designated for
peaceful purposes, with potential for use in the development of chemical
weapons; pathogens, fragments of their genetic material,
genetically altered pathogens and equipment with potential for use in
developing bacteriological weapons; equipment, materials and
technologies used in developing missile weapons.[4]
Lists of controlled goods and technologies are
maintained by the Ministry of Economic Development and Trade with input from
technical experts of other ministries, such as the Ministry of Atomic Energy and
the Ministry of Defense.
For summaries and the full texts of past and current export
control legislation see Russia: Export Control Legislation. Sources: [1]
Status of the State Licensing System of Control Over Exports of Nuclear
Materials, Dual-Use Commodities and Technologies in Russia (Moscow: International Business Relations Corporation,
2002), pp. 16-18.
[2] Elina Kirichenko, "Eksportnyy kontrol v Rossii: novoye v zakonodatelstve i
infrastrukture (tezisy)," NISNP Representative Office Weekly Lecture, Almaty,
Kazakhstan, May 2001.
[3] Igor Khripunov, "Chapter 6. Export Control Assistance to Russia and Other FSU States;"
in
Protecting against the Spread of Nuclear, Biological, and Chemical Weapons:
An Action Agenda for the Global Partnership (Washington DC: Center for
Strategic and International Studies, 2003), Center for Strategic and
International Studies Web Site,
http://csis.org/pubs/2003_protecting.htm.
[4] V. Semikov, "Licensing Export Operations in Controlled Commodities and
Technologies," Nonproliferation Export Control in Russia, September 2001, No.
3(20), Center for Export Controls Web Site,
http://www.expcon.ru.
{Entered 3/10/2003 KB}
Licensing Procedures
In 2000 the structure of federal agencies
responsible for export control was altered, significantly simplifying licensing
procedures. The Ministry of Defense is in charge
of granting licenses for weapons and dual-use defense items and the
Ministry of Economic Development and Trade (MEDT)
grants nonmilitary export licenses. Exporters of controlled commodities do
not need to address other federal agencies for a preliminary review.
Nonmilitary export licenses issued by MEDT are also reviewed by other government
bodies, such as Minatom, Rosaviakosmos, and other agencies. In addition to the
interagency review, many large exporters have internal compliance programs and
in-house experts to consider the advisability of exports and international
transactions.[1]
Procedures for obtaining a license for the export of
a controlled item are as follows:
1.
Internal Exporter Review Exporters are responsible for identifying what commodities and technologies are subject to export control. To
determine what controls may apply to an export, exporters use the
item's classification number. The item may be classified through the exporter's
internal compliance program or by contracting with an organization authorized
to grant official classification.
2. Ministerial Review The next stage of export license review takes place at
the ministerial level. The Ministry of Atomic Energy created an internal
mechanism for export controls, elements of which were later copied at other
ministries. The core of this mechanism is the Export Control Council, which
reviews draft contracts to evaluate compliance of a proposed transaction with
relevant federal laws and administrative regulations as well as the
nonproliferation aspect of the transaction. If the export is determined to be
controlled but not forbidden (either dual-use or 'trigger list' item), the
exporter submits the documents for license to the Department of Export Control
(DEK) of the Ministry of Economic Development and Trade .
3. Interagency Review and Issue of Export License DEK coordinates the interagency review of export
license applications. All exports must be agreed to by the Ministry of Foreign Affairs,
the Ministry of Defense, the Ministry of Atomic Energy, the Ministry of Economic
Development and Trade, the Ministry of Industry, Science and Technologies, Rosaviakosmos, and Rosboyepripas.
MEDT
issues a license only upon approval through the interagency review process. On
a quarterly basis, MEDT issues a report to Minatom and the Ministry of Defense
listing licenses issued for export and import of nuclear materials, goods, and
technologies.[2]
Sources: [1]
Igor Khripunov, "Chapter 6. Export Control Assistance to Russia and Other FSU States;"
in
Protecting against the Spread of Nuclear, Biological, and Chemical Weapons:
An Action Agenda for the Global Partnership (Washington DC: Center for
Strategic and International Studies, 2003), Center for Strategic and
International Studies Web Site,
http://csis.org/pubs/2003_protecting.htm.
[2] Julia Khersonsky, "Recent Changes in
the Russian Export Control System: An Overview of Licensing Procedure,"
Nonproliferation Export Control in Russia, No. 3(20), February 2001,
p. 10-12, Center for Export Controls Web Site,
http://www.expcon.ru. {Entered
3/10/2003 KB}
nuclear materials, equipment, special non-nuclear
materials and relevant technologies;