Russia: Export Controls LegislationRussia: Export Control Legislation
Federal Law
No. 50, On Amendments to
Articles 188 and 189 of the Russian Federation Criminal Code, 7
May 2002 The Federal Law amending
Articles 188 and 189 of the Russian Criminal Code was adopted by the State Duma
on 5 April 2002, approved by the Federation Council on 23 April 2002, and
signed by President Vladimir Putin on 7 May 2002. The Law took effect
on 14 June 2002. Amendments to Article 188 expanded the list of items, the illicit trafficking of which is subject to
criminal prosecution. Radiation sources, fissile materials, and weapons
of mass destruction (WMD)
delivery systems were added. Punishment for illegal transfers of WMD
delivery systems was omitted in the first version of the Criminal Code of
1996.
Article 189 was amended to expand the list of activities considered a crime
under the Criminal Code. Illegal transactions for or rendering of
services to a foreign organization or its representatives that may
contribute to the development of weapons of mass destruction is a crime, in addition to
the illegal transfer of
goods, technologies, materials, and information. The punishment remains the
same, from a fine of 700-1000 times minimum wage to imprisonment for up to
seven years with or without confiscation of assets. The amendment specifies
the following punishments:
a basic punishment is a fine
of up to 1000 times minimum wage, or a fine in the amount of the guilty party's salary for seven months to one year, or a
revocation of rights to occupy particular positions and undertake particular activities,
or imprisonment for up to three years;
repeated offense or collusion is punishable by two to five years of imprisonment with up to three years of revocation of rights to
undertake particular activities;
organized criminal activity in
this sphere is punishable by three to seven years of imprisonment with or without confiscation of assets.
An explanatory note to the
amended Article 189 indicates that a party to a crime may be a head of a
corporation established in conformity with Russian legislation, or an
individual, registered in the Russian Federation as a private entrepreneur. [Federal Law
No. 50-FZ,
O vnesenii izmeneniy v statyi 188 i 189 Ugolovnogo kodeksa Rossiyskoy
Federatsii, 7 May 2002, Rossiyskaya gazeta online edition,
http://www.rg.ru/oficial/doc/federal_zak/50.shtm.]{Entered 6/18/2002 NL}
Government Decree No. 686, Statute
on Control over Foreign Trade in Chemicals, Equipment, and Technologies that
Can be Used for Development of Chemical Weapons, 24 September 2001 Decree No. 686 introduces controls over the export and import of chemicals, equipment, and
technologies that can be used to develop chemical weapons. This
decree, adopted to protect national interests and to ensure Russia's
compliance with the Chemical Weapons Convention, replaces previous
regulations (Decree No. 50 of January 16, 1995) on chemical export controls. It defines
in detail the procedures, including licensing, for control of foreign trade
in chemicals, equipment, and technologies subject to export control.[1,2] Sources:
[1] Government Decree No. 686, Ob utverzhdenii
Polozheniya ob osushchestvlenii kontrolya za vneshneekonomicheskoy
deyatelnostyu v otnoshenii khimikatov, oborudovaniya i tekhnologiy, kotoryye
mogut byt ispolzovany pri sozdanii khimicheskogo oruzhiya, 24 September2001; in The Legislation in Russia Database,
http://law.optima.ru.
[2] Agentstvo voyennykh novostey, 28 September 2001; "Russia takes steps to
export control in chemistry," FBIS Document ID CEP20010928000064. {Entered
3/25/2003 NL}
Presidential Edict No. 1005, 9 August 2001 This edict approves a list of missile-related equipment, materials, and
technologies that are
subject to export control. The edict was signed in keeping with Article 6 of
the lawOn Export Control to protect Russia's national interests and to
fulfill its international commitments to the nonproliferation of WMD
delivery systems.[1,2]
Sources: [1] Anatoliy Yurkin, ITAR-TASS, 10 August 2001; in
"Russia tightens controls over dual-purpose exports," FBIS Document
CEP2001108100000091. [2] Presidential
Edict No. 1005, Ob utverzhdenii Spiska oborudovaniya,
materialov i tekhnologiy, kotoryye mogut byt ispolzovany pri sozdanii raketnogo
oruzhiya i v otnoshenii kotorykh ustanovlen eksportnyy kontrol,
9 August 2001; in The
Legislation in Russia Database, http://law.optima.ru. {Entered 2/13/2002 NL}
Presidential Edict No. 1004, 8 August 2001
This edict confirms the list of human pathogens,
genetically-modified microorganisms, toxic agents, relevant equipment and
technologies subject to export control. This edict does not cover vaccine
strains of pathogenic organisms, vaccines, and and other biological
preparations for indication, diagnosis, and treatment of contagious diseases
from strains of pathogenic organisms and toxic agents in the list. Sources:
[1] Presidential
Edict No. 1004, Ob utverzhdenii Spiska vozbuditeley zabolevaniy (patogenov)
cheloveka, zhivotnikh i rasteniy, geneticheski izmenennykh mikroorganizmov,
toksinov, oborudovaniya i tekhnologiy, podlezhashchikh eksportnomu kontrolyu,
8 August 2001.
[2] Interfax, 9 August 2001; in "New laws ensure Russian compliance with
international weapons accords," BBC Monitoring Service, 9 August 2001; Financial Times
online, http://globalarchive.ft.com.
[3] Interfax, 21 August 2001; in "Interfax Business Law Review for 14-21
August, 2001" FBIS Document ID CEP20010821000275. {Entered
3/25/2003 NL}
Government Decree No.
477, On a System for Independent Classification of Goods and Technologies for Export Control
Purposes, 21 June 2001 This decree states that independent
classification of goods and technologies for export control purposes (nezavisimaya
identifikatsionnaya ekspertiza) shall be conducted by
authorized Russian agencies at the request of Russian
exporters, or as requested by Russian law
enforcement and export control authorities. The Russian
Ministry of Defense shall decide which goods and technologies are military products and
issue relevant decisions. The Ministry of Economic Development
and Trade is
to set up an expert commission made up of officials from the Ministry of
Defense, the Ministry of Industry, Science,
and Technologies, the Federal Security Service,
and the State Customs Committee
for preliminary evaluations of organizations that will carry out independent
classification.[1,2]
Sources: [1] "Mikhail Kasyanov Signed Statute on a
System of Independent Identification Inspections of Goods and Technologies
Aimed at Ensuring Export Control," RIA Novosti, 25 June 2001; in "Kasyanov signs statute on WMD
export control inspection," FBIS Document CEP20010625000223. [2] Government
Decree No.477, O sisteme nezavisimoy
idenifikatsionnoy ekspertizy tovarov i tekhnologiy, provodimoy v tselyakh
eksportnogo kontrolya, 21 June 2001; in The Legislation in Russia Database, http://law.optima.ru.
{Entered 2/13/2002 NL}
Government Decree
No. 462, Statute on Implementing Control over Foreign Economic Activity
Concerning
Dual-Use Nuclear Equipment, Materials, and Technologies Used in the Nuclear
Sphere, 14 June 2001 The wording of this decree fully corresponds to the
terminology, requirements, and procedures specified in the law
On Export
Control. This decree
simplifies the authorization procedure for foreign economic activities. From
this date on the exporter is required to submit all documents to the Ministry of
Economic Development and Trade only, without preliminary approvals from
other governmental agencies.[1,2]
Government Decree
No. 447, Statute on Implementing Control over Foreign Economic Activity
Concerning
Dual-Use Goods and Technologies that Can be Used for Development of Weaponry, 14 June 2001 In compliance with Russia's international obligations under the
Wassenaar Agreement on
Export Controls for Conventional Arms and Dual-Use Goods and Technologies,
this decree defines the procedures for control over foreign trade in goods
and technologies, which are included in the control list approved by
Presidential Edict No. 1268 of 26 August 1996. [Government Decree No. 447, Ob utverzhdenii
Polozheniya ob osushchestvlenii kontrolya za vneshneekonomicheskoy
deyatelnostyu v otnoshenii tovarov i tekhnologii dvoinogo naznacheniya,
kotoryye mogut byt ispolzovany pri sozdanii vooryzheniy i voennoi tekhniki,
7 June 2001; in The Legislation in Russia Database,
http://law.optima.ru. {Entered 3/26/2003
NL}
Government Decree No. 296, On Approving the
Statute on Implementing Control over Foreign Economic Activity Concerning Equipment, Materials, and Technologies that Can be Used to Make Missile Systems, 16 April 2001 This decree outlines the procedure for
controlling transactions involving equipment, materials, and technologies used in
the production of
missile systems. It was developed to protect Russia's national interests and
to comply
with international commitments to control WMD
delivery systems.
[Government
Decree No. 296, Ob utverzhdenii Polozheniya ob
osushchestvlenii kontrolya za vneshneekonomicheskoy deyatelnostyu v otnoshenii
oborudovaniya, materialov i tehnologii, kotoryye mogut byt ispolzovany pri
sozdanii raketnogo oruzhiya, 16 April 2001; in The Legislation in Russia Database,
http://law.optima.ru.] {Entered
2/13/2002 NL}
Government Decree No. 294, On
Rules for Conducting a State Evaluation of
External Economic Activities Involving the Exchange of Goods, Information,
Work, Services, and Intangibles,
16 April 2001.
In accordance with article 21 of the federal law
On Export Control, state evaluations are conducted in order to
conform Russia's trade in controlled
materials and technologies with international commitments and state interests. Decree No. 294
outlines the process for the state evaluation of external economic transactions involving goods, information, work, services,
and intangibles, which may be used to manufacture weapons of mass
destruction, arms, and other types of military technologies. According to
the decree, the Ministry of Economic Development and Trade (MEDT) has the
right to request and receive necessary information for conducting state
inspections of Russian entities engaged in external activities. Exporters are
required to submit documents to the MEDT, where economic transactions are assessed and analyzed by the
MEDT interagency expert council. The council evaluates applications for individual licenses
and presents results to exporters within three days.
[Government
Decree No. 294, Ob utverzhdenii pravil provedeniya gosudarstvennoy
ekspertizy vneshneekonomicheskikh sdelok s tovarami,informaziyey, rabotami,
uslugami i rezultatami intellektualnoy deyatelnosti, v otnoshenii
kotorykh ustanovlen eksportnyy kontrol, 16 April 2001; in The Legislation in Russia Database,
http://law.optima.ru.] {Entered
10/10/2002 AI}
Presidential Edict No. 96, On the Russian Federation Commission for
Export Control, 29 January 2001 In accordance with Article 9 of the lawOn
Export Control, this edict sets up an
interagency coordinating body for export control, known as the Russian Federation
Commission for Export Control.
[Presidential
Edict No. 96, O komissii po eksportnomu kontrolyu Rossiiskoy Federatsii, 29 January 2001;
in The Legislation in Russia Database,
http://law.optima.ru.] {Entered
2/13/2002 NL}
Government Decree No.
973, Statute on the Export and Import of Nuclear Materials, Equipment,
Special Non-Nuclear Materials, and Related Technologies,
15 December 2000 In accordance with the federal laws On Export Controland
On the Use of Atomic Energy, and presidential edict
No. 822,
this decree stipulates the procedure for the export and import of materials,
equipment, and technologies included in the control list approved by
Presidential Edict No. 202 of 14 February 1996. While retaining the strict
controls over nuclear trade, this document simplifies the licensing procedure. [Government Decree No.
973, Ob eksporte i importe yadernykh materialov,
oborudovaniya, spetsalnykh neyadernykh materialov i sootvetstvuyushikh tekhnologiy,
15 December 2000; in
The Legislation in Russia Database,
http://law.optima.ru.] {Entered 2/13/2002 NL}
Presidential Edict No.
1477, Amendments and Addenda to the List of Dual-use Goods and Technologies Subject to Export Controls, 9 August 2000 This edict introduces amendments and addenda to
the list approved by Presidential Edict No. 1268.
[Presidential
Edict No. 1477, O vnesenii izmeneniy i dopolneniy v
Spisok tovarov i tekhnologiy dvoynogo naznacheniya, eksport kotorykh
kontroliruyetsya, utverzhdennyy Ukazom Presidenta Rossiyskoy Federatsii ot 26
avgusta 1996 g. N 1268 "O kontrole za eksportom iz Rossiyskoy Federatsii
tovarov i tekhnologiy dvoynogo naznacheniya, 9 August 2000; in The Legislation in Russia
Database,
http://www.law.optima.ru.]
{Entered 2/13/2002 NL}
Presidential Edict No.
822, Amendments to Presidential Edict No. 312 of 27 March 1992, 6 May 2000 This edict rules that in exceptional
cases, nuclear transfers from the Russian Federation to a non-nuclear weapon
state without IAEA safeguards may take place on the
basis of specific decisions by the government of Russia. These transfers should
not contradict Russia's international obligations and should be made
exclusively to ensure the safety of nuclear facilities under IAEA safeguards in
the recipient countries. The government of the recipient country must provide
official guarantees that transferred materials, equipment, and technology will
not be used to produce a nuclear explosive device. This fully
conforms to the Nuclear Suppliers Group Guidelines for Nuclear Transfers (IAEA
INFCIRC/254/Rev.4/Part 1). The
full-text
of this edict is available.[1,2]
Sources: [1] M.I. Tymoniuk, "Nuclear Exports to
Non-nuclear Weapon States Having no Agreements with IAEA on Full-scope
Safeguards," Nonproliferation Export Control in Russia, No. 3(20),
September 2001, pp. 3-4. [2] Presidential
Edict No. 822, O vnesenii izmenenii v Ukaz Prezidenta
Rossiiskoi Federatsii ot 27 marta 1992 g. N 312 "O kontrole za eksportom iz
Rossiiskoi Federatsii yadernykh materialov, oborudovaniya i tekhnologiy, 6
May 2000; in The
Legislation in Russia Database,
http://www.law.optima.ru. {Entered 2/13/2002 NL}
The Federal Law On Export Control,
29 July 1999 The law provides the legal foundation for the Russian export
control system. It establishes the framework for the state's export control
policy. The law defines what export control and controlled goods are,
and specifies the responsibilities of government agencies and of firms exporting goods
that are subject to control. For a summary of this law see the
7/29/99 export control developments entry. The
full-text
of this law is available. [Federal Law
On Export Control, 29 July 1999; in The
Legislation in Russia Database,
http://law.optima.ru. {Entered 2/13/2002 NL}
Federal Service on Currency and Export
ControlRegulation, Guidelines for the Establishment of an
Internal System for Export Control at the Enterprise (Organization),12 May 1998 These guidelines were established in order to facilitate the implementation of
Government Decree No. 57 by providing organizational and methodological
assistance for the establishment of internal export control compliance systems
at Russian enterprises that trade in sensitive goods and technologies. The
guidelines define internal export control compliance programs, and state that
each organization is required to designate a specific person responsible for
export controls. That person must report directly to the director of the
enterprise. The enterprise should hold training sessions and provide materials
to personnel who are responsible for foreign economic trade, as they are
required to be familiar with the export control rules and regulations of the
Russian Federation. There are two appendices to these guidelines. The first
explains the concept of "end-user checks," i.e. how to institute a
system to check for a suspicious buyer or end-user. The second is a list of
indicators that could denote a suspicious buyer or unsanctioned end use.
Government Decree No. 440, On
Measures to Implement the Russian Federation Presidential Edict No. 54 from 20
January 1998, On Realization of State Policy in the Sphere of the Missile and
Space Industry, 12 May 1998 This decree implements the earlier Presidential Edict mandating more
effective coordination of state policy in the missile and space sphere. The
decree approves two lists of organizations: a list of enterprises and
organizations to be transferred from the jurisdiction of the Ministry of
Economics to the Russian Space Agency, and a list of joint stock companies for
which the Russian Space Agency will coordinate and implement state policy in the
strategic missile and military space-rocket spheres.
Government Decree No. 400, On
Signing the Protocol among the Government of the Russian Federation, the
Government of Belarus, the Government of Kazakhstan, and the Government of the
Kyrgyz Republic on the Simplification of Procedures for Customs Processing of
Hard Currency and Goods that are not Earmarked for Production or Any Other
Commercial Activity and that are Taken Across the Customs Borders of the States
of the Customs Union by Individual Persons,17 April 1998 This short decree approves the protocol mentioned in the title of the decree.
Government Decree No. 249, On
Introducing Amendments to Russian Federation Government Decree No. 737 from
24 June 1995 'On Joining the International Missile Technology Control
Regime, 26 February 1998 This short decree introduces the phrase "taking into account its
obligations in accordance with international agreements" into the text of
the 1995 decree in which Russia declares that it is joining the Missile
Technology Control Regime (MTCR).
Government Decree No. 57, On Enhancing Control Over the Export
of Dual-Use Goods and Services Related to Weapons of Mass Destruction and
Missile Delivery Systems, 22 January 1998 This decree introduces the idea of "catch-all" controls to Russian
export control legislation. It states that Russian entities are required to
refrain from exporting any dual-use goods and services, even if these goods are
not on any Russian export control lists, if they have reason to believe that the
goods will be used in the production of nuclear, chemical, or biological weapons
or in their missile delivery systems. In addition, Russian entities are required
to inform the Government Commission on Export Control of any decision not to
export dual-use goods and services for the aforementioned reasons. According to
some news reports, the Russian Government issued this decree in response to
US pressure to strengthen its export control system.[1] The United States is
particularly concerned about the possible transfer of missile technology to
Iran. Iran, however, is not singled out in the text of the decree.
[1] "Russia Tightens Military Export Control," Jamestown
Monitor, 26 January 1998.
Presidential Edict No. 54, On Implementation of State Policy in the Sphere of the Missile and Space
Industry, 20 January 1998 While this is not an export control edict per se, its stated goal is to
increase the effectiveness of state policy in the missile and space industry. To
this end, the Russian Space Agency is tasked with implementation of a single
state policy regarding any work done by the missile and space industry on
strategic missile technology and military space launch technology. The
Government is tasked with assembling a list of those enterprises and
organizations whose activities should be coordinated by the Russian Space
Agency.
Government Decree No. 24, On
Introducing Additions to the Statute for the Control Over Exports of Dual-Use
Equipment and Materials and Corresponding Technology Used for Nuclear Purposes,
the Export of which is Controlled, from the Russian Federation, 8 January
1998 This decree introduces an addition about oscillographs to the Statute on the
procedures for controlling dual-use nuclear exports approved by Government
Decree No. 575 of 8 May 1996. In addition, the decree tasks the Ministry
of Foreign Affairs with informing the International Atomic Energy Agency that
Russia agrees with the changes introduced into the Nuclear Suppliers Group (NSG)
guidelines for dual-use nuclear transfers at the NSG meeting in Ottawa, Canada
in May 1997.
Government Decree No. 1548,
On Introducing Amendments to Some Normative Legal Acts of the Government of
the Russian Federation, Regulating Export Control Issues, 11 December 1997 This decree officially changes the name of the Commission on Export
Control of the Russian Federation to the Government Commission on Export
Control of the Russian Federation within the text of a number of export
control decrees and decrees. The name change is in accordance with
Government Decree No. 644 from 26 May 1997, "On the Government Commission for
Export Control of the Russian Federation."
[From the English-language translation of the full text of the
decree, published in Nonproliferation Export Control in Russia, No. 3
(5), November 1997].
Government Decree No. 1403, On Control Over the Export to Iraq of Goods, Dual-Use
Technologies, and Other Items that Fall Under the International Mechanism for
Permanent Oversight and Control, 7 November 1997 This decree approved the "Statute on Controls Over the Export to Iraq
of Dual-Use Commodities and Technologies and Other Facilities Subject to the
International Mechanism for Permanent Oversight and Controls." It provides
a detailed explanation of the procedures and requirements for exporting
controlled goods to Iraq. The decree emphasizes the Russian Federation's
obligations to honor the restrictions imposed by the UN Security Council, as
well as its international obligations regarding the nonproliferation of weapons
of mass destruction.
Presidential Edict No. 972, On Measures for the Implementation by the Russian
Federation of UN Security Council Resolutions Regarding the Creation of an
International Mechanism for Permanent Oversight and Control, 2 September
1997 This edict approves the list of items, the export of which to Iraq is either
controlled, subject to notification or forbidden in accordance with UN
Security Council Resolutions.
Sources: [1] Anna Otkina and Ivan Safranchuk, "Mesto Rossii v
uregulirovanii situatsii vokrug Iraka i puti kontrolya nad Rossiyskim
kriticheskim eksportom v Irak," Yaderniy Kontrol, No. 1, Vol. 37,
January - February 1998, p. 8. [2] From the text of Government Decree No. 1403, published
in Rossiyskaya Gazeta, 18 November 1997, p. 4.
Government Decree No. 691, On Approval and Presentation for
Confirmation by the President of the Russian Federation the Draft List of Goods,
Dual-Use Technologies, and Other Items, the Export of Which to Iraq is Either
Controlled and Subject to Notification or is Forbidden in Accordance with UN
Security Council Resolutions, 9 June 1997 This decree submits the list of items, the export of which to Iraq is either
controlled, subject to notification, or forbidden in accordance with UN Security
Council Resolutions No. 715 and 1051 from 11 October 1991 and 27 March 1996,
respectively. The list is submitted to the President of the Russian Federation,
as a Presidential Edict is required to introduce any additions to the Russian
export control lists.
Decree of the State Duma and the Federation Council, On the Condition of the Defense of State Borders of the
Russian Federation, 14 May 1997 This decree was issued following a trip made by several State Duma
deputies to Russian border outposts in Tuva, Chita, Chelyabinsk and Orenburg
Oblasts. The decree focuses on the inadequate state of border controls on
the Russian-Mongolian and the Russian-Kazakhstani borders. According to this
decree, the lack of customs control on the Russian-Kazakhstani border has
resulted in a steady flow of narcotics, weapons, refugees, and illegal migrants
across the border. The decree noted that there have been multiple incidents
of attempts to smuggle arms and military technology, strategic materials and
technology, and dual-use products across the border. It also expressed concern
that there has been increased activity by foreign special services on the
Russian border. Lastly, this Duma decree draws attention to the fact that
nuclear facilities in the Chelyabinsk Oblast are relatively close to the Russian
border and thus are vulnerable to possible terrorist acts. It praises the use of
"non-military guards" in the form of Cossack units, to assist in the
guarding of the borders with Kazakhstan and Mongolia. It then states the
following: i) The Duma considers the defense of the Russian border one of the
most important national priorities. ii) The Duma requests that the President
task the Russian government to fully finance the Federal Border Service at the
level allocated in the Federal Law "On the Federal Budget in 1997."
iii) The Duma will evaluate the draft law on the federal budget for 1998, and
anticipates sufficient financing for the organization and reliable defense of
state borders of the Russian Federation. iv) The Duma will work to improve the
regulatory basis for the defense of state borders and will expedite the drafting
of legislation defining the status of the border regions, as well as the status
and organization of the "non-military defense" of the state borders.
The Duma also will hasten the passage of the Federal Law on Cossacks.
Decree of the State Duma and the Federation Council, On the Commission 'Russian Border' of the State Duma and the
Federation Council, 14 May 1997 This decree establishes a State Duma Commission on the Russian Border. The goals
of the Commission include solving questions related to the strengthening of
territorial integrity, improving the existing legislative basis for the
activities of the Federal Border Service, and working with federal executive
branch organs on issues of collective security and defense of the external
borders of the Commonwealth of Independent States. The Commission is made up of
23 members.
Presidential Edict No. 468, On
Introduction of Changes and Additions to RF Presidential Edict No. 202 Dated 14
February 1996 'On Approval of the List of Nuclear Materials, Equipment, Special
Non-nuclear Materials and Relevant Technologies Subject to Export Controls,
12 May 1997 This edict officially approves the changes to the export control list of
nuclear materials recommended by Government Decree No. 493 of 25 April 1997.
It also instructs the Ministry of Foreign Affairs to inform the International
Atomic Energy Agency that the Russian Federation agrees with the amendments made
to the Zangger Committee and Nuclear Suppliers Group Initial Lists at their
meetings in October and April 1996, respectively.
[From the English-language translation of the full text of
the edict, published in Nonproliferation Export Control in Russia, No. 2
(4), May 1997.]
State Customs Committee Order No. 241,
7 May 1997. According to this Order, only 17 customs divisions have the right to process
fissile and radioactive materials:
Zabaykal, Irkutsk, and Krasnoyarsk customs divisions (Eastern Siberian
Customs Office);
Udmurtiya, Yekaterinburg, and Chelyabinsk customs divisions (Urals Customs
Office).
[Yuriy Seldyakov and Nikolay Kravchenko, "On New Methods
of Work at the SCC of Russia," Yaderniy Kontrol, No. 32-33,
August-September 1997.]
State Customs Committee Order No. 242, Guidance for Customs Control
of Fissile and Radioactive Materials, 7 May 1997 This order is an extensive, detailed document that sets forth the procedures for
customs control over fissile and radioactive materials. It also establishes a
new Independent Regional Informational and Technical Division for Customs
Control over Fissile and Radioactive Materials (Division TKDRM).
Government Decree No. 493, On Approval and Presentation for
Confirmation by the President of the Russian Federation Changes and Additions
Included in the List of Nuclear Materials, Equipment, Special Non-Nuclear
Materials, and Corresponding Technologies that are Subject to Export Control,
25 April 1997 This decree suggests a number of changes, additions, and clarifications to
the primary export control list for nuclear materials. The suggestions are made
to the President of the Russian Federation, as a Presidential Edict is required
to introduce any changes to the control list.
Government Directive No. 274-r, 1 March 1997. This directive approves a Ministry of Foreign Affairs proposal regarding
preparation for international negotiations to implement the Program to Combat
Illegal Trade in Nuclear Materials that was agreed upon at the April 1996
Nuclear Safety Summit in Moscow. The State Committee on Nuclear Weapons will
coordinate implementation of this Program. In addition, the Ministry of Foreign
Affairs, the Ministry of Atomic Energy, the Ministry of Internal Affairs, the
State Committee for Nuclear and Radiation Safety (Gosatomnadzor), the State
Customs Committee, the Federal Security Service, the Foreign Intelligence
Service, and the Federal Border Service are tasked with drafting a Government
Decision on the signing of protocols on Cooperation between the National
Intelligence, Customs, and Law Enforcement Agencies of Russia and the United
Kingdom, Italy, Canada, the United States, France, Germany, and Japan.
Presidential Edict No. 32, On
Bringing Commodity Classification of the Russian Federation in Line with CIS
Uniform Commodity Classification for Foreign Economic Activity, 21 January
1997 This edict modifies Presidential Edicts No. 202 and 228 from 14 February and
21 February 1996, respectively, which approve the commodity control lists for
nuclear and dual-use nuclear exports. The edict gives the State Customs
Committee the right to modify the codes for commodity classification for the
items in these lists to bring them in line with the uniform Commodity
Classification of Foreign Economic Activity for the Commonwealth of
Independent States.
[From the English-language translation of the full text of
the edict, published in Nonproliferation Export Controls in Russia, No.
3 (5), November 1997.]
Ministry of Atomic Energy Order No. 432,
On the Procedures for Export and Import of Nuclear Material, Equipment,
Special Non-Nuclear Material, and Corresponding Technology, 17 July 1996 This internal Minatom document defines Minatom's role in implementing Government
Regulation No. 574 of 8 May 1996. In addition to defining the roles of various
departments in the nuclear export process, the Order specifically requires that
there be a designated person responsible for export controls at each department,
division, scientific center, and industrial enterprise that falls under the
auspices of the Ministry of Atomic Energy. In addition, it requires that each Minatom department, division, scientific center, and industrial enterprise
develop a system of internal export control by 1 October 1996.
Presidential Edict No. 1611, On Additions and
Changes to Presidential Edict No. 1177 from 14 August 1996 `On the Structure
of the Federal Organs of Executive Power, 29 November 1996 This edict reinstates the Federal Service for Currency
and Export Control as a Ministerial-level executive body. It had been
dissolved in August 1996 during a major bureaucratic reshuffling in which
many government bodies were dissolved and their functions reassigned.
Government Decree No. 1299,
On the Procedure for Conducting Competitions and Auctions Related to the
Sale of Quotas in the Introduction of Quantitative Limits and in the Licensing
for Export and Import of Goods (Work, Services) in the Russian Federation,
31 October 1996
Government Decree No. 1172,On Regulating
Control of Exports from the Russian Federation of Dual-Use Goods and
Technologies, the Export of Which is Controlled, 7 October 1996 This decree implements Presidential Edict No. 1268.
Government Decree No. 1100, On Amending the
Statute Regulating Exports from the Russian Federation of Equipment,
Materials, and Technology Employed to Develop Missile Weapons, 13
September 1996 In accordance with Presidential Edict No. 1194, 8/16/96,
this decree amended Government Decree No. 70, 1/27/93 so that it
refers to Presidential Edict No. 1194 instead of Presidential Directive No.
193, 4/25/95.
Presidential Edict No. 1268,
On Control of Exports from the Russian Federation of Dual-Use Goods and
Technologies,26 August 1996 This edict noted the commitment of the Russian Federation
to its international obligations regarding the control of exports of
dual-use military goods and technologies, specifically in accordance with
the principles agreed to in Wassenaar Arrangement. The
full-text of this edict is
available.
Presidential Edict No. 1194,
On Control of Exports from the Russian Federation of Equipment, Materials,
and Technology Employed to Develop Missile Weapons,16 August 1996 This edict replaced Presidential Directive No. 193 rp
from 4/25/95. It approved a new control list for exports of equipment,
materials, and technologies used to produce missiles, in accordance with
Russia’s accession to the MTCR in 1995. The edict also instructed the
Cabinet of Ministers to draw up a new statute of procedures for the control
of the export of equipment, materials, and technologies used in the
production of missiles. The
full-text of this edict
is available.
Presidential Edict No. 1177, On the Structure of
the Federal Organs of the Executive Branch, 14 August 1996 This edict introduced a number of major changes into the
bureaucratic structure of the executive branch and greatly reduced the
number of government bodies. Most significantly for the system of Russian
export controls, the Federal Service for Currency and Export Control (the
working group for Eksportkontrol) was dissolved. Some of its
functions were reassigned to the Ministry of Finance, and some to the
Ministry of Foreign Economic Relations. Before this change could be
implemented, however, the Federal Service for Currency and Export Control
was reinstated (see Presidential Edict No. 1611, below).
State Customs Committee Order No. 402,
On the Procedures for the Export and Import of Nuclear Materials,
Equipment, Special Non-Nuclear Materials, and Related Technologies, 27 June
1996 This Customs Order is an internal customs regulation which
implements, from the perspective of the Customs Committee, the control list
for critical nuclear items (Presidential Edict No. 202) and the licensing
and export procedures for those items (Government Regulation No. 574).
Law No. 63-FZ, Criminal Code of the
Russian Federation, 13 June 1996 This law was adopted by the Duma on 5/24/96, approved by
the Federation Council on 6/5/96, and signed by the President on 6/13/96. It
was scheduled to come into force after 1/1/97.
i) Article 189 provided criminal punishments for illegal
export of technologies, scientific-technical information, and services which
can be used to develop weapons of mass destruction and vehicles for their
delivery, and for arms and military equipment, which fall under special
export control.
ii) Article 221 provided criminal punishments for
embezzlement or extortion of radioactive materials.
iii) Article 355 provide criminal punishments for
production or proliferation of weapons of mass destruction.
State Customs Committee Order No. 315,
On Control Over the Export of Goods, Which Could Be Used in the Creation of
Weapons of Mass Destruction and Missile Means of Their Delivery, 23 May
1996
Ministry of Foreign Economic Affairs Order No. 302,
On Control of Exports from the Russian Federation Equipment and Dual-Use
Materials and Technology Applied for Nuclear Purposes, the Export of Which is
Controlled, 17 May 1996
Ministry of Foreign Economic Affairs Order No. 301, On Control of Exports and Imports of Nuclear Materials,
Equipment, Special Non-Nuclear Materials and Related Technology, 17 May
1996
Government Decree No. 575,
On Approval of the Statute Regulating Export From the Russian Federation of
Dual-Use Equipment, Materials, and Related Technologies Applied for Nuclear
Purposes, 8 May 1996 This decree replaced Government Decree No. 68,
1/27/93 and the portion of Government Decree No. 556, 6/3/95 that
amended No. 68. In accordance with Presidential Edict No. 228, 2/21/96, the
decree approved new procedures for the export of items from the list of
nuclear related dual-use equipment, materials, and technologies. The
decree also instructed the Foreign Ministry to notify the IAEA of
Russia’s compliance with changes introduced to Nuclear Suppliers Group
Guidelines at the Helsinki session in 4/95 and the Vienna consultative
conference in 10/95. Unlike the guidelines for critical nuclear export
(outlined in Government Decree No. 574, above), only the approval of Eksportkontrol
is necessary for the Ministry of Foreign Economic Relations to issue an
export license. The most significant point made in this statute is as
follows: The export of dual-use equipment, material, and technology is
prohibited to non-nuclear weapon states if it is to be used in the creation
of nuclear explosive devices or if it is to be used in any component of the
nuclear fuel cycle that is not under IAEA safeguards. In addition, the
export of dual-use items is prohibited if there is an unacceptable risk that
such activities might take place, or if the export in any way threatens the
goal of nonproliferation of weapons of mass destruction.
Government Decree No. 574,
On Approval of the Statute Regulating Exports and Imports of Nuclear
Materials, Equipment, Special Non-nuclear Materials, and Related Technologies,
8 May 1996 This decree replaced Government Decrees No. 1005,
12/21/92, No. 1136, 10/6/94, and No. 288, 3/22/95. In accordance with the
Federal Law On the Use of Nuclear Energy, the decree approved new
procedures for exporting nuclear materials contained in the list approved by
Presidential Edict No. 202, 2/12/96. The decree also instructed the
Foreign Ministry to notify the IAEA of Russia’s compliance with changes
introduced to Nuclear Suppliers Group Guidelines at the Helsinki session in
4/95. This Decree introduced significant changes to Russia’s export
process for critical nuclear items. The statute clearly established that the
Ministry of Atomic Energy is not the sole organization responsible for
approving nuclear exports, but must share this responsibility with Eksportkontrol.
[For a detailed explanation of the licensing procedure outlined in this
decree, please see Section IV of this report, "Export Licensing
Process."] The most significant points introduced in this statute
include:
a) Nuclear materials are defined as HEU enriched to 20% or
higher, plutonium, spent fuel reprocessing plants, isotope separation
plants, plants for the production of heavy water, enriched uranium and
plutonium conversion plants, major components for such plants, and relevant
technologies.
b) Negotiations with a foreign state on a contract
involving the export of nuclear materials can only be conducted with the
express permission of the Cabinet of Ministers.
c) Nuclear materials can only be exported to
non-nuclear-weapon-states if the importing state puts the material under
full-scope IAEA safeguards. Exports to both nuclear weapons states and
non-nuclear-weapon states require that the importing state give assurances
that the material will not be used for nuclear weapons, that physical
protection will be maintained at not less than the level required by the IAEA, and that the material will
not be re-exported without written
permission from the Ministry of Atomic Energy and the approval of Eksportkontrol.
d) Licenses for export of nuclear material will only be
issued by the Ministry of Foreign Economic Relations after approval of both
the Ministry of Atomic Energy and Eksportkontrol. Previously, only
approval from the Ministry of Atomic Energy was needed.
State Customs Committee Order No. 277,
On the Procedures for the Import into and Export from the Russian Federation
of Radioactive Materials and Products Made From Radioactive Materials, 7
May 1996
Ministry of Foreign Economic Relations Order No. 162, On the Procedures for Export from and Import into the Russian
Federation of Radioactive Materials and Products Made From Radioactive
Materials,
1 April 1996
State Customs Committee Order No. 148,
On Regulating the Registration of Contracts for Export of Goods in the
Russian Federation, 19 March 1996
Government Decree No. 291, On Approval of the
Statute Regulating Exports and Imports of Radioactive Substances and
Radioactive Substances-Based Products, 16 March 1996 In accordance with the Federal Law on Utilization of
Nuclear Power," this decree approved the export and import
licensing procedures for radioactive sources of ionizing radiation and
isotope products. These procedures replaced guidelines for import and export
of radioactive sources of ionizing radiation and isotope products contained
in the following: Government Decree No. 1005, 12/21/92, Government
Decree No. 1136, 10/6/94, and Government Decree No. 288, 3/22/95.
Amendments were also made to Government Regulations No. 854, 11/6/92, and
No. 758, 7/1/94. Points One and Two of the statute state which subgroups of
the Foreign Economic Activity Commodity Code contain controlled items, and
which items are not controlled under the procedure. The decree defined
the export licensing authority and guidelines for the controlled items.
a) Licenses for trade in controlled materials are issued
by the Ministry of Foreign Economic Relations, on the basis of applications
submitted in accordance with guidelines established by the Ministry of
Health and Medical Industry for imports of radioactive sources of ionizing
radiation and isotope products for medical purposes, or by Minatom for
imports and exports of all such items not designated for medical purposes.
b) Licenses may only be granted to those entities that
have appropriate permits from Gosatomnadzor for activities involving the
controlled materials.
c) Controlled items are subject to customs control by the
State Customs Committee, and violations of the statute are subject to
prosecution.
Government Decree No. 258, On Measures to
Implement the Russian Federation Presidential Edict of December 31, 1995 `On
Abolishing Customs Control Along the Russian Federation’s Border With the
Republic of Kazakhstan, 6 March 1996 This decree set forth the practical measures required for
the abolition of customs control along the Russian-Kazakhstani border, in
accordance with the agreement on a Customs Union signed between the two
countries in January 1995. The Russian Federation State Customs Committee
was tasked with organizing a plan for joint customs control along the
external borders of Customs Union member states. The Ministry of Economics,
Ministry of Finance and State Customs Committee were tasked with proposing
necessary funding for customs control along the external borders. Other
ministries and government bodies were charged with other logistical
questions, such as decommissioning of customs facilities infrastructure at
the border and finding new employment for laid-off Customs personnel.
Presidential Edict No. 228,
On Control of Export From the Russian Federation of Dual-Use Equipment,
Materials, and Related Technologies Applied for Nuclear Purposes, the Export of
Which is Controlled. List of Dual-Use Equipment, Materials, and Related
Technologies Applied for Nuclear Purposes, the Export of Which is
Controlled, 21 February 1996 This edict replaced Presidential Directive No. 827 rp,
12/28/92. In accordance with Article 16 of the Federal Law on the State
Regulation of Foreign Trade Activity, this edict approved a revised control
list for exports of dual-use nuclear items, and instructed the Cabinet of
Ministers to draft new procedures for the control of export of these
commodities. The list is consistent with the list of nuclear dual-use items
identified in the Annex to the Nuclear Suppliers Group Guidelines.
[Elina Kirichenko, "Evolution of the Russian
Nonproliferation Export Controls," The Monitor (Summer 1995). For
the Nuclear Suppliers Group list, see IAEA
document INFCIRC/254/Rev.1/Part 2, July 1992.]
Presidential Edict No. 202,
On Approval of the List of Nuclear Materials, Equipment, Special Non-Nuclear
Materials, and Related Technologies, Falling under Export Control. List of
Nuclear Materials, Equipment, Special Non-Nuclear Materials, and Related
Technologies, Falling under Export Control, 14 February 1996 This edict approved a control list for exports of nuclear
materials, equipment, and technology. This list provided a more thorough
listing of nuclear materials than the list of definitions contained in
Appendix One of Government Decree No. 1005, 12/21/92. In order to
reconcile the list with the Nuclear Suppliers Group trigger list of
controlled items, isotopes and isotope-based items were included.[19]
Radioactive sources of ionizing radiation and isotope products were removed
from the original list, requiring special licensing procedures to be
developed for these items (see Government Decree No. 291, 3/16/96).
Government Decree No. 142, On Approval and
Submission for Consideration by the President of the Russian Federation of a
Proposal for Revising and Enlarging the List of Dual-Use Equipment, Materials,
and Related Technologies Applied for Nuclear Purposes, Whose Export Is
Controlled, 12 February 1996 This decree proposed a revised control list for
exports of dual-use equipment, materials and related technologies applied
for nuclear purposes.
Government Decree No. 124, On
Approval and Submission for Consideration by the President of the Russian
Federation of a Proposal for the List of Nuclear Materials, Equipment, Special
Non-Nuclear Materials, and Related Technologies, Whose Export is
Controlled, 8 February, 1996 This decree proposed a control list for exports of
nuclear materials, equipment, special non-nuclear materials, and related
technologies.
Federal Law No. 3-FZ, On Radiation Safety of the
Population, 9 January, 1996 Article 5 of this law assigned responsibilities for issues
regarding export and import of nuclear materials, radioactive substances,
and other sources of ionizing radiation to federal authorities.
Presidential Edict No. 1343, On
Abolishing the Customs Control along the Russian Federation’s Border with the
Republic of Kazakhstan, 31 December, 1995
Government Decree No. 1192, On
the Status of Representatives of the Customs Committee in Foreign
Countries, 4 December, 1995
Federal Law No. 170-FZ,
On the Use of Atomic Energy, 21 November 1995 This federal law codified the legal basis and the
regulatory principles with regard to the use of atomic energy to protect the
life and health of people, the environment, and property used in association
with atomic energy, to promote the development of atomic science and
technology, and to cooperate in the enhancement of the international regime
for the peaceful use of atomic energy. The law was adopted by the Duma on
10/20/95 and signed by the President on 11/21/95. An earlier version was
adopted by the Duma on 6/2/95, but was vetoed by the President on 6/25/95.
Chapter XIV of the law contains two articles on export and import of nuclear
installations, equipment, technology, nuclear materials, radioactive
substances, special non-nuclear substances, and services in the sphere of
atomic energy.
i) Article 63 on principles states that export and import
of these items are carried out in accordance with international obligations
for nonproliferation of nuclear weapons and international agreements in the
sphere of atomic energy. It also clarifies that export and import includes
transfer, purchase, or sale of these items for commercial purposes and
transfers of noncommercial character for exhibitions, joint construction
projects, and other purposes.
ii) Article 64 on procedures states that export and import
of these items are carried out under procedures established by legislative
and other legal acts of the Russian Federation, and in accordance with
legislation regarding export controls on the basis of permits issued for the
right to conduct work in the sphere of atomic energy. It also states that
imports of nuclear fuel to Russia for reprocessing is carried out under
procedures established by legislation of the Russian Federation and by
international agreements.
Federal Law No. 153-FZ,
On State Regulation of Foreign Trade Activity, 13 October 1995 This federal law established definitions for state
regulation of foreign trade activity, the procedure its of implementation,
and the rights, duties, and obligations of organs of state power of the
Russian Federation and of subjects of the Russian Federation in the sphere
of foreign trade activity. The law was adopted by the Duma on 7/7/95,
approved by the Federation Council on 7/21/95, and signed by the President
on 10/13/95. The original version of the law, adopted by the Duma in 5/95,
declared that lists of controlled items would be approved by federal laws to
be published within six months of their publication. This version was
vetoed, however, by the President.[2] The law contains the following
articles relevant to nonproliferation export controls:
i) Article 2 of Chapter I provided a list of the specific
concepts or terms underlying export control.
ii) Article 6 of Chapter II provided for federal
jurisdiction in determining policy and procedures for export control of
fissionable materials and raw goods, materials, equipment, technology,
scientific-technical information and services which can be used to develop
arms and military equipment or nuclear, chemical and other types of weapons
of mass destruction and their missile delivery systems.
iii) Article 16 of Chapter IV provided basic principles
for export control regulations. It states that an export control system is
in effect in the Russian Federation to protect national interests and to
fulfill international obligations in the nonproliferation of weapons of mass
destruction. Further, the article clarifies that arms, military equipment,
raw materials, equipment, technology, scientific-technical information, and
services which can be used to develop weapons of mass destruction or their
means of delivery are contained in lists of controlled items established by
Presidential edict (which go into effect at least three months from the date
of their publication), and their export is controlled in accordance with
procedures outlined by the Government.
Government Decree No. 556, On
Adopting Changes and Additions to Certain Decisions of the Russian Federation
Cabinet of Ministers, 3 June 1995 THIS DECREE IS NO LONGER IN FORCE. (Replaced by Government
Decree No. 575, 5/8/96.) In accordance with Presidential Edict No. 66,
1/10/94, and Government Decree No. 1005, 8/30/94, this decree
replaces all references to the Ministry of Economics with the Federal
Service for Currency and Export Controls in Government Decrees No. 68
(1/27/93), No. 1030 (10/11/93), No. 1157 (11/15/93), and No. 197 (3/10/94).
Government Decree No. 521, On Adopting Changes
and Additions to the Statute Regulating Control of Exports from the Russian
Federation of Equipment, Materials, and Technology Employed to Develop Missile
Weapons, 24 May 1995 This decree further amended the statute approved by
Government Decree No. 70 on 1/27/93, and later amended by Government
Decree No. 1178, 11/19/93. The revisions merely acknowledge that the
statute is to be carried out according to Presidential Directive No. 193 rp
rather than No. 20 rp, and reflect changes in the administrative agencies
named in the original licensing guidelines.
Presidential Directive No. 193 rp[1], On Control of Exports from the Russian Federation of Equipment, Materials,
and Technology Employed to Develop Missile Weapons. List of Equipment,
Materials, and Technology Employed to Develop Missile Weapons, the Export of
Which is Controlled and Accomplished by Licenses, 25 April 1995 THIS DECREE IS NO LONGER IN FORCE. (Replaced by
Presidential Edict 1194, 8/16/96.) This directive replaced point One of
Presidential Directive 20 rp, 1/11/93, and replaced Presidential Directive
No. 744 rp, 11/19/93. It approved a revised control list for exports of
equipment, materials, and technologies used to produce missiles. Category I
of the list contained complete rocket systems, equipment, and technologies
that are used to develop missiles able to carry payloads weighing at least
500 kg for 300 km or more. Category II of the list contained complete rocket
systems, materials, equipment, and technology that are used to develop
missiles able to carry payloads for 300 km or more, that are not included in
Category I.[17] The new list was created to reflect the new MTCR parameters
adopted at the 12/93 MTCR plenary meeting in Interlochen.
1. The designation rp stands for rasporyazheniya presidenta,
which means "presidential directive." [Elina Kirichenko, "Evolution of the Russian
Nonproliferation Export Controls," The Monitor (Summer 1995), p.
8-11.]
Government Decree No. 288, On
Adopting Changes and Additions to the Statute Regulating Control of Exports and
Imports of Nuclear Materials, Technology, Equipment, and Plants, Special Non-nuclear Materials, Radioactive Sources of Ionizing Radiation, and Isotope
Products, 22 March 1995 THIS DECREE IS NO LONGER IN FORCE. (Replaced by Government
Decree No. 574 from 5/8/96.) This decree further amended the statute
approved by Government Decree No. 1005 on 12/21/92, and later amended by
Government Decree No. 1136, 10/6/94. Revisions state that export and
import licenses issued by the MFER for certain subgroups of nuclear items
must first be approved by Minatom, while others must be approved by one of
the regional stable isotope centers under the auspices of the Russian
Federal Nuclear Center.
Government Decree No. 238, On The Approval of
the List of Enterprises and Organizations Among Which are Particularly
Radiation-Hazardous and Nuclear-Hazardous Plants and Sites Carrying Out
Development, Production, Use, Storage, Transportation, Recovery of Nuclear
Weapons and Their Components, and Radiation-Hazardous Materials and Articles,
7 March 1995 This decree defined the nuclear enterprises and
facilities which are considered by the government to be the most dangerous
with respect to the development of nuclear weapons. The sites include 57
Minatom enterprises; 16 "Radon" enterprises for the storage and
processing of nuclear waste; 7 Ministry of Defense Industries enterprises
(most of which are connected with the shipbuilding and the Russian Navy); 3
Ministry of Health enterprises; 2 Ministry of Transportation enterprises; 2
enterprises of the State Committee for Institutions of Higher Education; 2
Russian Research Centers; 1 enterprise of the State Committee for Chemical
and Petrochemical Industry; and all military units, institutions, and
organizations having nuclear ammunition, nuclear power plants, and nuclear
research reactors. These sites are to receive priority funding from the
government.
Government Decree No. 50, On
Approval of the Statute Regulating Control of Exports From the Russian
Federation of Civilian-Use Chemicals, Equipment, and Technology Which Can Be
Used to Develop Chemical Weapons, 16 January 1995 This decree replaced Government Decree No. 734,
9/18/92. In accordance with Presidential Directive 621 rp, 12/7/94, this
decree approved revised export licensing procedures for dual-use
chemical substances, equipment, and technology. The statute states that
Russia will not export or re-export dual-use chemical items to countries
that are in violation of the Geneva Protocol on the Use in War of
Asphyxiating, Poisonous, or Other Gases, and Bacteriological Methods of
Warfare, of 17 June 1925. The statute also clarifies and elaborates on the
procedures for licensing and carrying out the export, temporary transfer, or
re-export of dual-use chemical items from the Russian Federation.
Presidential Directive No. 621 rp,
On Control of Exports from the Russian Federation of Chemical Substances,
Equipment, and Technologies Which Have Peaceful Purposes, but Can Be Used to
Develop Chemical Weapons. List of Chemical Substances, Equipment, and
Technologies Which Have a Peaceful Purpose but Can Be Used to Develop Chemical
Weapons, the Export of Which is Controlled and Accomplished by Licenses, 7
December 1994 This directive replaced Presidential Directive No. 508 rp,
9/16/92. It approved a revised control list for exports of dual-use chemical
substances, equipment, and technologies. The expanded list contained 41
chemical substances, two categories of equipment with 11 specific types of
equipment, and three categories of technology with 51 specific technologies
which require a license for export.
Gosatomnadzor Departmental Order (Prikaz) No. 128,
On Approval of the Statute Regulating Issuance of Temporary Permits by the
State Committee for the Supervision of Nuclear and Radiation Safety
(Gosatomnadzor) for Activities Related to Exports or Imports of Nuclear
Materials, Technology, Equipment, Assemblies, Specialized Non-Nuclear Materials,
Radioactive Waste, and Spent Nuclear Materials,14 November 1994 [endorsed by A. Gutzalov,
First Deputy Chairman of Gosatomnadzor]
This order defined procedures by which Gosatomnadzor
issues temporary permits for each contract (including amendments to contracts)
involving import or export of nuclear items. The statute states that decisions
to issue temporary permits must be based on proper provisions for nuclear and
radiation safety, compliance with existing regulations and international
nonproliferation obligations, and Gosatomnadzor inspections. An appendix
defines and lists categories of nuclear items. This order assigned
Gosatomnadzor a greater level of authority in the process of nuclear export
licensing compared to the statute approved in Council of Ministers Decree
No. 1005 (12/21/92), due to a lack of clarity in these procedures outlining
the role of Gosatomnadzor.
[Elina Kirichenko and William Potter, "Nuclear Export
Controls in Russia: The Players and the Process," Center for
Nonproliferation Studies and Institute of World Economy and International
Relations, working draft, April 1996.]
Government Decree No. 1136, On Adopting Changes
and Additions to the Statute Regulating Exports and Imports of Nuclear
Materials, Technology, Equipment, Plant, Non-nuclear Materials, Radioactive
Sources of Ionizing Radiation and Isotope Products, 6 October 1994 THIS DECREE IS NO LONGER IN FORCE. (Replaced by Government
Regulation No. 574 from 5/8/96.) This decree amended Government
Decree No. 1005 from 12/21/92, to account for the new export control
principles of neptunium-237 that were introduced to the Nuclear Suppliers
Group Guidelines at the Madrid meeting in April 1994. New wording in the
statute also states that "a final decision on the granting of a license
for nuclear exports from the Russian Federation may only be made if there is
complete certainty that the items of the said exports will not promote the
proliferation of nuclear weapons or the manufacture of a nuclear
explosive."
Government Decree No. 1098, On Approval of the
Statute Regulating the Control of Exports from the Russian Federation of
Stimulants of Diseases (Pathogens) of Man, Animals, and Plants, and Their
Genetically Altered Forms, Fragments of Genetic Material, and Equipment Which
Can Be Used to Develop Bacteriological (Biological) and Toxin Weapons, 26
September 1994 This decree replaced Government Decree No. 892,
11/20/92. In accordance with Presidential Directive 298 rp, 6/14/94, this
decree approved revised export and licensing procedures for dual-use
biological agents and related equipment.
Presidential Edict No. 1923, On Priority Measures
for Improvement of a System of Accountancy and Protection of Nuclear
Materials, 15 September 1994 Among other measures to improve control and accountancy of
nuclear materials, this edict called on the Cabinet of Ministers to
implement measures to reinforce customs and border efforts to prevent
illegal transit of nuclear materials. It also called on the Ministry of
Foreign Affairs and other ministries and agencies to negotiate and
coordinate cooperation with the CIS and Baltic states in the sphere of
nuclear control and accountancy, and transit of nuclear materials between
countries.
Government Decree No. 1005, On the Organization
of Export Controls in the Russian Federation, 30 August 1994 This decree expanded the role of the Federal Service
for Currency and Export Control (VEK) in the sphere of export controls. In
particular, VEK was designated to provide staff support for the Export
Control Commission, taking over the responsibilities from the Department of
Export Controls at the Ministry of Economics. This authorized the VEK to
receive applications from economic entities requesting findings on the
eligibility for export of selected types of raw materials, materials,
equipment, technologies, scientific-technical information and services which
can be used to develop weapons of mass destruction, their missile delivery
systems and other dangerous types of weapons. The decree also created
the position of Deputy Director of the Federal Service for Currency and
Export Control.
Government Decree No. 928, On
Approval of the Agreement Concerning Re-exports and the Procedures for Issuing
Re-export Permits, 12 August 1994
Government Decree No. 758, On
Measures for the Improvement of Government Regulations of the Export of Goods
and Services, 1 July 1994 This decree was a response to Presidential Edict No.
1007 (5/23/94), which abolished a general system of quotas and licensing.
The decree clarified that the export of certain goods was still controlled.
Appendix Two listed those goods the export of which must be carried out in a
specific manner, including nuclear and radioactive material.
Presidential Directive No. 298 rp,
On Control of Exports from the Russian Federation of Stimulants of Diseases
(Pathogens) of Man, Animals, and Plants, and Their Genetically Altered Forms,
Fragments of Genetic Material, and Equipment Which Can Be Used to Develop
Bacteriological (Biological) and Toxin Weapons. List of Agents (Pathogens) of
Human, Animal and Plant Diseases, Their Genetically Altered Forms, Fragments
of Genetic Material and Equipment Which Can Be Used to Develop Bacteriological
(Biological) and Toxin Weapons, the Export of Which is Controlled and
Accomplished by Licenses, 14 June 1994 This directive replaced Presidential Directive No. 711 rp,
11/17/92. It approved a revised control list for exports of dual-use
biological agents. The list was developed in accordance with the June 1993
recommendations of the Australia Group. The expanded list contained 20
viruses, four Rickettsia, 16 bacteria, 14 toxins, and two definitions of
genetically altered microorganisms that are dangerous for humans and
animals; 15 viruses, one bacteria, and one definition of genetically altered
microorganisms that are dangerous for animals; one virus, four bacteria,
eight microscopic fungi, and one definition of genetically altered
microorganisms that are dangerous for plants; and ten categories of
equipment.
Government Decree No. 632, On
Approval and Submission for Consideration by the President of the Russian
Federation of a Proposal for Revising and Enlarging the List of Disease Agents,
Their Genetically Altered Forms and Fragments of Genetic Material Which Can Be
Used to Develop Bacteriological (Biological) and Toxin Weapons, 5 June 1994 This decree proposed a revised control list for
exports of dual-use biological agents.
State Customs Committee Order No. 230,
[registered with Justice Ministry as Order No. 596 on 6/9/94],
Instructions on Operative and Centralized Control Over the Import and Export
of Licensed Goods, 26 May 1994 According to these instructions, customs clearance is
controlled on three levels:
a) by the customs office releasing goods as licensed;
b) by regional the customs office where the owner of the
license is registered;
c) by the Customs Committee.
[Yelena Budayeva, "The Russian System of Customs
Control;" in G. Bertsch and I. Khripunov, Russia’s Nonproliferation
and Conventional Weapons Export Controls (1995 Annual Report).]
Presidential Edict No. 1007, On the Abolition of
the Quota and Licensing System for Exporting Goods and Services, 23 May
1994 This edict abolished the general system of quotas and
licensing for the export of goods from the Russian Federation, except for
those goods and services corresponding to the international obligations of
the Russian Federation.
Ministry of Foreign Economic Relations Order (Prikaz)
No. 882, On Instructions for the Registration and Delivery of Documents,
7 November 1993
Government Decree No. 1178,
On Adopting Changes and Additions to the Statute Regulating Control of Exports
from the Russian Federation of Equipment, Materials, and Technology Employed
to Develop Missile Weapons, 19 November 1993 This decree approved a revised export licensing
procedure for exports of equipment, material, and technology used to produce
missiles capable of delivering payloads to a range of at least 300 km, by
presenting a new version of the statute that had been approved in Government
Decree No. 70, 1/27/93. Changes to the statute included deletion of
problematic phrases and paragraphs, as well as insertion of new paragraphs
clarifying procedures. As in decree No. 70, items in Category I of the
control list (Presidential Directive No. 744 rp, above) are "as a
rule" prohibited for export, while Category II items may be exported
under licenses. However, language detailing that authorization for exports
of items in Category I could be granted in exceptional cases (i.e., when
these items were intended for use in peaceful space programs and the
quantity exported was not sufficient to build a missile weapon) was removed.
According to new language in the statute, exceptions may be made in
accordance with the MTCR. Russia agreed to change licensing guidelines to
more accurately reflect MTCR Guidelines largely under pressure from the
US[1]. Other new language included the following:
a) Paragraph 2 stated that the objective of export
controls of specified items is to prevent the proliferation of missile
equipment and technology that could lead to development of missile systems
capable of delivering weapons of mass destruction.
b) Paragraph 6 stated that exports of controlled items or
of any rockets or unmanned aerial vehicles could be prohibited if there is
evidence that the importer intends to use them as delivery vehicles for
weapons of mass destruction. The possibility that Category II items for
export could be considered as part of Category I if range were exchanged for
payload would also be considered.
c) Paragraph 9 stated that the following factors would be
considered in evaluating possible exports of controlled items:
i) the requirement for preventing proliferation of weapons
of mass destruction.
ii) the capabilities and objectives of the missile and
space programs of the importing state
iii) the significance of the transfer in terms of the
likelihood for development of missile systems capable of delivering weapons
of mass destruction.
iv) the assessment of the declared end use of the items.
v) the applicability of relevant multilateral agreements.
1. Discussions with Wyn Bowen, Senior Research Associate,
Center for Nonproliferation Studies.
Presidential Directive No. 744 rp, On Adopting
Changes and Additions to the List of Equipment, Materials, and Technology
Employed to Develop Missile Weapons, the Export of Which is Controlled and
Accomplished by Licenses, 19 November 1993 THIS DECREE IS NO LONGER IN FORCE. (Replaced by
Presidential Directive No. 193 rp, 4/25/95.) This directive amended
Presidential Directive No. 20 rp, 1/3/93. It approved the revised control
list for exports of equipment, materials and technologies used to produce
missiles capable of delivering payloads to a range of at least 300 km,
contained in Government Decree No. 1136, 11/3/93. Category I of the list
contained complete rocket systems, equipment, and technologies that are used
to develop missiles able to carry payloads weighing at least 500 kg for 300
km or more. Category II of the list contained complete rocket systems,
materials, equipment, and technology that are used to develop missiles able
to carry payloads for 300 km or more, that are not included in Category
I.[1] The list was revised to more accurately reflect MTCR Guidelines.[2]
1.The revised parameters of Categories I and II are explained
most explicitly in the statute approved by Government Decree No. 1178,
11/19/93. 2. Discussions with Wyn Bowen, Senior Research Associate,
Center for Nonproliferation Studies.
Government Decree No. 1157, On the Federal
Service for Currency and Export Control, 15 November 1993 This decree was adopted in accordance with
Presidential Edict No. 1444, 9/24/93.
Government Decree No. 1136, On Approval and
Submission for Consideration by the President of the RUSSIAN FEDERATION of a
Proposal for Revising and Enlarging the List of Equipment, Materials and
Technology Employed to Develop Missile Weapons, the Export of Which is
Controlled and Accomplished by Licenses, 3 November 1993 This decree proposed a revised control list for
exports of equipment, materials, and technologies used to produce missiles.
Government Decree No. 1102, On
Measures Towards Liberalization of External Economic Activity, 2 November
1993
Government Decree No. 1030,
On Controlling the Fulfillment of Obligations to Guarantee the Use of
Imported and Exported Dual-Use Goods (Services) for Declared Purposes,
11 October 1993 This decree approved the procedures for monitoring the
fulfillment of obligations regarding end-use of dual-use imports and
exports. The statute covers both measures to prevent unauthorized re-export
of dual-use items from Russia, and measures to prevent the unauthorized
re-export from a foreign country of dual-use items imported from Russia.
Specifically, the statute sets forth the procedure for:
a) obtaining an import certificate, a delivery
confirmation certificate, and an end-user certificate;
b) transferring a dual-use item from one enterprise to
another within the territory of the Russian Federation;
c) re-exporting a dual-use item to a third country;
d) verifying that a Russian importer is using a dual-use
item for the declared purpose;
e) monitoring that a foreign importer is using a dual-use
item, imported from the Russian Federation, for the declared purpose.
Verification is performed by a commission made up of a representative of the
enterprise that is the exporter, a representative of the enterprise that is
the manufacturer, the Ministry of Foreign Economic Relations, the Ministry
of Foreign Affairs, the State Customs Committee, and the Ministry of
Security. If a violation is found, that importer is entered onto a list
(maintained by the MFER) of unreliable foreign firms to which the export of
dual-use items is prohibited.
Presidential Edict No. 1444, On Russia’s Federal
Service for Currency and Export Control, 24 September 1993
Government Decree No. 560,On Tasks of
the Federal Service for Foreign Currency and Export Control of the Russian
Federation,16 June 1993
Government Decree No. 486, On Urgent Measures to
Step up the Customs Control on the State Borders of the Russian Federation,
24 May 1993
Law No. 4902-1, Addenda to the RSFSR Criminal Code and the RSFSR
Code of Criminal Procedure, 29 April 1993 This law changed the Russian Criminal Code and Code of
Criminal Procedure in order to protect national interests in the exercise of
foreign economic activity and to fulfill international obligations in the nonproliferation of weapons of mass destruction. The Criminal Code was
supplemented with Article 78-1, which provided for criminal punishments
under the following terms:
i) Illegal export of raw materials, materials, equipment,
technology, and scientific-technical information, and services which can be
used to develop arms and military equipment, which fall under special export
control, is punishable by up to five years imprisonment with or without
confiscation of assets, or by a fine of up to 50 times the minimum wage.
ii) Illegal export of raw materials, materials, equipment,
technology, scientific-technical information, and services which can be used
to develop nuclear, chemical and other types of weapons of mass destruction
and their missile delivery systems, which fall under special export control,
is punishable by three to eight years imprisonment with or without
confiscation of assets, or by a fine of up to 75 times the minimum wage.
Decree No. 85, On the Ministry of Foreign Economic
Relations of the Russian Federation, 26 February 1993 This decree clarified the responsibilities of the Ministry
of Foreign Economic Relations in the sphere of export/import licensing and
export controls.
Presidential Edict No. 235, On Approval of the
Statute Regulating the Introduction of Embargoes on the Delivery of Arms and
Military Equipment, Offers of Services of a Military-Technical Nature, and the
Delivery of Raw or Other Materials or Equipment or the Transfer of Military or
Dual-Use Technologies to Foreign States, Including Member States of the CIS,
18 February 1993 This edict approves the procedure for introducing
embargoes. The President of the Russian Federation, in coordination with the
Cabinet of Ministers, considers proposals prepared by the Ministry of
Foreign Affairs, the Governmental Commission on Military-Technical
Cooperation, and the Export Control Commission, and makes decisions on
imposing embargoes according to decisions of the UN Security Council, taking
into account Russia’s national interests. The Governmental Commission on
Military-Technical Cooperation with Foreign Countries is responsible for
monitoring compliance with sanctions that have been adopted.
Government Decree No. 68, On Approval of the
Statute Regulating Control of Exports from the Russian Federation of Dual-Use
Equipment, Materials, and Related Technologies Applied for Nuclear Purposes,
27 January 1993 THIS DECREE IS NO LONGER IN FORCE. (Replaced by Government
Decree No. 575, 5/8/96.) In accordance with Presidential Directive 827 rp, 12/28/92, this
decree approved export licensing procedures for
nuclear dual-use material, equipment, and technologies. Responsibility for
the organization of export controls in this sphere is given to the Export
Control Commission (Eksportkontrol), the Ministry of Foreign Economic
Relations, and the State Customs Committee. The decree defined the
export licensing authority and guidelines for nuclear exports.
a) Licenses for trade in dual-use nuclear items are issued
by the Ministry of Foreign Economic Relations, following the issuance of a
finding by Eksportkontrol. Exports are carried out under one-time
licenses only.
b) The importer must verify that all dual-use nuclear
items imported either from Russia, or derived from or made with the help of
those items:
i) will not to be used to produce nuclear explosives or
conduct any nuclear fuel cycle activity which is not under IAEA safeguards.
ii) If a contract is concluded with an importer in a
country that does not have IAEA safeguards, goods can be re-exported or
transferred to a third country only if the above conditions are met by that
country. Re-export or transfer requires the approval of Eksportkontrol,
and the written permission of the exporter.
iii) All contracts must indicate the end user, the
location, and how the exported material will be used.
c) Export of dual-use nuclear items is not allowed is
cases, where the importer has demonstrated illegal acquisition of dual-use
nuclear items, or of past acquisitions applied in the development of nuclear
explosive devices or in nuclear fuel cycle activity not under IAEA
safeguards.
Government Decree No. 70, On Approval of the Statute
Regulating Control of Exports from the Russian Federation of Equipment,
Materials and Technology Employed To Develop Missile Weapons,
27 January 1993 (This decree was later amended by Government
Decrees No. 1178, 11/19/93, No. 521, 5/24/95, and No. 1100, 9/13/96.) In
accordance with Presidential Directive No. 20 rp, 1/11/93, this decree
approved the export licensing procedures for equipment, materials, and
technologies used to produce missiles capable of delivering payloads of at
least 500 kg to a range of at least 300 km. The decree defined the
export licensing authority and guidelines for missile exports. Items in
Category I of the control list (Presidential Directive No. 20 rp, above)
"as a rule" were prohibited for export, while Category II items
could be exported under licenses. However, Category I items could be
authorized for export in exceptional cases (i.e., when these items were
intended for use in peaceful space programs and the quantity exported was
not sufficient to build a missile weapon). This aspect of the licensing
guidelines was at odds with the MTCR Guidelines, which called for
presumption of denial of all exports of items in Category I. The exception was
used to justify sales of cryogenic engines to India.
Discussions with Wyn Bowen, Senior Research Associate,
Center for Nonproliferation Studies. Please refer to changes in the licensing
guidelines made in Government Decree No. 1178, 11/19/93.
Presidential Directive No. 20 rp, 1/11/93,
"On the Introduction of Control of Exports From the Russian Federation of
Equipment, Materials, and Technology Employed to Develop Missile Weapons." THIS DECREE IS NO LONGER IN FORCE. (This directive was
amended by Presidential Directive No. 744 rp, 11/19/93, and partially
replaced by Presidential Directive No. 193 rp, 4/23/95, which was in turn
replaced by Presidential Edict 1194, 8/16/96). This directive approved a
control list for exports of equipment, materials, and technologies used to
produce missiles capable of delivering payloads of at least 500 kg to a
range of at least 300 km. Category I of the list contained complete rocket
systems, equipment, and technologies that are used to develop missiles.
Category II of the list contained materials, equipment, and technology that
are used to develop missiles.[1] The list was supposed to be consistent with
the MTCR Guidelines but failed to address the critical issue of
delimitations on range and payload for missile-related transfers within the
two Categories.[2]
1. The parameters of Categories I and II are explained most
explicitly in the statute approved by Government Decree No. 70, 1/27/93. 2. Discussions with Wyn Bowen, Senior Research Associate,
Center for Nonproliferation Studies.
Presidential Directive No. 827 rp,
On the Introduction of Control Over Exports from the Russian Federation of
Dual-Use Equipment, Materials, and Related Technologies Applied for Nuclear
Purposes. List of Dual-Use Equipment, Materials, and Related Technologies
Applied for Nuclear Purposes, the Export of Which is Accomplished by Licenses, 28
December 1992 THIS DECREE IS NO LONGER IN FORCE. (Replaced by
Presidential Edict No. 228, 2/21/96.) This directive approved a control
list for exports of nuclear dual-use material, equipment, and technology.
The list conforms to the list of nuclear dual-use items identified in the
Annex to the Nuclear Suppliers Group Guidelines created at the Warsaw
meeting in April 1992.[1] The list includes the following categories:
industrial equipment, materials, equipment and components for isolating
uranium isotopes, equipment involved in production of heavy water, equipment
for developing implosion systems, explosive substances and equipment
associated with them, equipment and components for nuclear testing, and
miscellaneous.
1. Elina Kirichenko, "Nuclear Nonproliferation Export
Controls of Russia," paper written for the NIS Nonproliferation Project,
Center for Nonproliferation Studies, 1993. For the Nuclear Suppliers Group
list, see IAEA document INFCIRC/254/Rev.1/Part 2, July 1992.
Government Decree No. 1005,
On Approval of the Statute Regulating Exports and Imports of Nuclear
Materials, Technology, Equipment, Installations, Special Non-nuclear
Materials, Radioactive Sources of Ionizing Radiation and Isotopes, 21
December 1992 THIS DECREE IS NO LONGER IN FORCE. (Amended by Government
Decree No. 1136, 10/6/94, and later replaced by Government Decree
No. 574, 5/8/96.)This decree approved the export and import
licensing procedures for nuclear items. Nuclear items were defined in
Appendix One as material, technology, equipment, installations, and special
non-nuclear material. The decree defined the export licensing authority
and guidelines for nuclear exports.
a) Licenses for trade in specified materials are issued by
the Ministry of Foreign Economic Relations, with the approval of the
Ministry of Atomic Energy.
b) Licenses may only be granted to those entities that
have permission from Gosatomnadzor for business in the sphere of atomic
energy.
c) Transfers to non-nuclear-weapon states are authorized
only if the competent bodies of the importing states verify that all nuclear
items either imported from Russia or derived from or made with the help of
those items:
i) will not to be used to produce nuclear weapons or other
nuclear explosives or for military objectives;
ii) will be placed under IAEA safeguards during the whole
period of their use in accordance with the agreement of the recipient
country on the application of IAEA safeguards to all peaceful nuclear
activities;
iii) will be provided with physical protection measures at
least at the level recommended by the IAEA;
iv) can be re-exported or transferred to a third country
only if the above three conditions are met by that country. Re-export or
transfer of HEU, Pu, and heavy water requires the written permission of
Minatom.
Government Decree No. 892, On Approval of the
Statute Regulating Control of Exports from the Russian Federation of Disease
Agents (Pathogens), Their Genetically Altered Forms, and Fragments of Genetic
Material Which Can Be Used to Develop Bacteriological (Biological) and Toxin
Weapons, 20 November 1992 THIS DECREE IS NO LONGER IN FORCE. (Replaced by Government
Decree No. 1098, 9/26/94.) In accordance with Presidential Directive 711 rp, 11/17/92, this
decree approved the export and licensing procedures
for dual-use biological agents. The decree defined the export licensing
authority and guidelines for dual-use biological exports.
Presidential Directive No. 711 rp,
On the Introduction of Control Over the Export from the Russian Federation of
Disease Agents (Pathogens), their Genetic Variations, and Fragments of Genetic
Materials Which Can Be Used to Develop Bacteriological (Biological) and Toxin
Weapons. The List of Pathogens, Their Genetic Variations, and Fragments of
Genetic Material Which Can Be Used to Develop Bacteriological (Biological) and
Toxin Weapons, the Export of Which is Controlled and Accomplished by Licenses, 17
November 1992 THIS DECREE IS NO LONGER IN FORCE. (Replaced by
Presidential Directive 298 rp, 6/14/94.) This directive approved a control
list for exports of dual-use biological agents. The list contained 21
viruses, two rickettsia, 14 bacteria, and 13 toxins which require a license
for export. The list was compiled in accordance with Australia Group
recommendations, although the Russian Federation is not a member of the
Australia Group.
[Elina Kirichenko and William Potter, "Nuclear Export
Controls in Russia: The Players and the Process," Center for
Nonproliferation Studies and Institute of World Economy and International
Relations, working draft, April 1996.]
Government Decree No. 854, On the Setting of
Quotas and Issuing of Licenses for Exports and Imports on the Territory of the
Russian Federation, 6 November 1992 This decree replaced Government Decrees No. 90,
12/31/91 and No. 188, 3/21/92.
Government Decree No. 842, On Approval of the
Status of the Russian Federation Export Control Commission Under the Russian
Federation Government and its Composition, 2 November 1992 THIS DECREE IS NO LONGER IN FORCE.
State Customs Committee Order No. 465, On Control
Over the Export of Chemicals and Technologies Which Have a Peaceful Purpose
But Can Be Used in the Creation of Chemical Weapons, 15 October 1992
Government Decree No. 734, On Approval of the
Statute Regulating Control of Exports from the Russian Federation of Chemical
Substances and Technologies Which Have Peaceful Purposes but Can Be Used to
Develop Chemical Weapons, 18 September 1992 THIS DECREE IS NO LONGER IN FORCE. (Replaced by Government
Decree No. 50, 1/16/95.) In accordance with Presidential Directive 508 rp, 9/16/92, this
decree approved the export and licensing procedures
for dual-use chemical substances and technology. The decree defined the
export licensing authority and guidelines for dual-use chemical exports.
Presidential Directive No. 508 rp[1], On the
Introduction of Control Over the Export from the Russian Federation of
Chemical Substances and Technologies Which Have Peaceful Purposes, but Can Be
Used to Develop Chemical Weapons. List of Chemical Substances and Technologies
Which Have Peaceful Purposes, but Can Be Used to Develop Chemical Weapons, the
Export of Which is Accomplished by Licenses, 16 September 1992 THIS DECREE IS NO LONGER IN FORCE. (Replaced by
Presidential Directive 621 rp, 12/7/94.) This directive approved a control
list for exports of dual-use chemical substances and technologies. The list
contained 40 chemical substances and 12 related production technologies
which require a license for export. The list was compiled in accordance with
Australia Group recommendations, although the Russian Federation is not a
member of the Australia Group.[2]
2. Elina Kirichenko and William Potter, "Nuclear Export
Controls in Russia: The Players and the Process," Center for
Nonproliferation Studies and Institute of World Economy and International
Relations, working draft, (April 1996).
Presidential Edict No. 628, On
Control of Strategic Raw Materials, 14 June 1992
Government Decree No. 366, On
the Adoption of Documents Regulating Export of Dual-Use Equipment, Materials,
and Related Technologies Applied for Nuclear Purposes, 29 May 1992 THIS DECREE IS NO LONGER IN FORCE. (Replaced by Government
Decree No. 575, 5/8/96.) This decree adopted the guidelines on export
of dual-use nuclear items that were approved at the Warsaw meeting of the
Nuclear Suppliers Group in March-April 1992.
[See IAEA document INFCIRC/254/Rev.1/Part 2, July 1992.]
Presidential Edict No. 388, On Measures to
Establish an Export Control System in Russia, 11 April 1992 This edict provided the initial legal basis for creating
a system of nonproliferation export controls in the Russian Federation. With
reference both to Russian national interests and to international nonproliferation obligations, the edict resolved to establish export controls
for materials, equipment, and technologies which can be used in the
development of military equipment, or of missile, nuclear, chemical, and other
types of weapons of mass destruction.
a) An Export Control Commission (Eksportkontrol)
was established, with responsibilities for coordinating export control policy.
The commission’s members would include the deputy heads of a number of
government bodies, including the Ministry of Foreign Affairs, the Ministry of
Economics, the Ministry of Defense, the Ministry of Science, the Ministry of
Industry, the Ministry of Foreign Economic Relations, the State Customs
Committee, and the Ministry of Security.
b) The Department for Export Controls in the Ministry of
Economics was given the responsibility of functioning as a working body for
Eksportkontrol.
c) The chairman of Eksportkontrol was instructed to
develop a draft statute for the commission, to be submitted for approval to
the Cabinet of Ministers.
d) Eksportkontrol was instructed to develop draft
export control lists for dual-use materials, equipment, and technologies which
could be used in the production of armaments or weapons of mass destruction
(including missile, nuclear, chemical, and biological.)[3]
e) The Ministry of Foreign Affairs and Eksportkontrol
were tasked with coordinating multilateral nonproliferation export control
work with other CIS states.
f) The Ministry of Justice and Eksportkontrol were
tasked with preparing proposals on the criminal and administrative penalties
for noncompliance with export control procedures.
[Over the course of the next two years, a number of
Presidential Directives approving control lists were adopted in accordance
with this edict.]
Presidential Edict No. 312, On Control Of Export of
Nuclear Materials, Equipment, and Technologies from the Russian Federation,
27 March 1992 This edict stipulates Russian adherence to the policy of
full-scope safeguards as a condition of export of nuclear material, equipment,
and technology to non-nuclear weapon states. This
full-text
of this edict is available.
Government Decree No. 188, On Amending
Governmental Regulation No. 90 (12/31/91), 21 March 1992 THIS DECREE IS NO LONGER IN FORCE. (Replaced by Government
Decree No. 854, 11/6/92.) This decree introduced a few minor changes
in the control lists from Government Regulation No. 90.
Government Decree No. 90, On the Setting of Quotas
and Licensing of Exports and Imports of Commodities (Works/Services) on the
Territory of the Russian Federation in 1992,
31 December 1991 THIS DECREE IS NO LONGER IN FORCE. (Replaced by Government
Decree No. 854, 11/6/92.) In accordance with Presidential Edict No. 213
(above), this decree establishes the guidelines for setting up a new
licensing regime in Russia. Appendices 1-4 establish lists of items subject to
quotas and licensing. Appendix 2, which lists those items subject to licensing
in accordance with guidelines specified by the Cabinet of Ministers, includes
weapons, military technology, explosives, and nuclear and radioactive
materials. The Committee for Foreign Economic Relations under the Ministry of
Foreign Affairs is given a primary role for issuing licenses and setting
quotas for export.
Presidential Edict No. 213, On
Liberalization of Foreign Economic Activities on the Territory of the RSFSR, 15
November 1991 This early edict was enacted primarily to stimulate
foreign economic activity, stabilize internal markets, and attract foreign
investment. Article 2 requires the Cabinet of Ministers to compile lists of
commodities (works, services) subject to licensing and quotas. It also calls
upon the Cabinet of Ministers to establish a system of licensing and quotas by
January 1, 1992.
a basic punishment is a fine
of up to 1000 times minimum wage, or a fine in the 
