![]() |
![]() |
||||
|
|
||||||||||||||||||||||||||||||||||||||||||
|
Archive: 1997 Report on Russian Export Controls:
Legislative Acts and Executive Decrees on Export Control [1]
The following is an overview based on a report prepared by the Center for Nonproliferation Studies of the Monterey Institute of International Studies in January 1997 under a grant from the United States Department of Energy's Office of Nonproliferation and Arms Control. The views expressed in this report are those of the authors alone, and do not necessarily represent the views of the Department of Energy or the United States Government.
1. Law No. 4902-1, 4/29/93, "Addenda to the RSFSR Criminal Code and the RSFSR Code of Criminal Procedure." 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:
2. Federal Law No. 153-FZ, 10/13/95, " On State Regulation of Foreign Trade Activity." 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:
3. Federal Law No. 170-FZ, 11/21/95, "On the Use of Atomic Energy." 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.
4. Federal Law No. 3-FZ, 1/9/96, "On Radiation Safety of the Population." 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. 5. Law No. 63-FZ, 6/13/96, "Criminal Code of the Russian Federation." 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.
1. Presidential Decree No. 213, 11/15/91, "On Liberalization of Foreign Economic Activities on the Territory of the RSFSR." This early decree 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. 2. Government Resolution No. 90, 12/31/91, "On the Setting of Quotas and Licensing of Exports and Imports of Commodities (Works/Services) on the Territory of the Russian Federation in 1992." THIS DECREE IS NO LONGER IN FORCE. (Replaced by Government Resolution No. 854, 11/6/92.) In accordance with Presidential Decree No. 213 (above), this resolution 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. 3. Government Resolution No. 188, 3/21/92, "On Amending Governmental Regulation No. 90 (12/31/91)." THIS DECREE IS NO LONGER IN FORCE. (Replaced by Government Resolution No. 854, 11/6/92.) This resolution introduced a few minor changes in the control lists from Government Regulation No. 90. 4. Presidential Decree No. 312, 3/27/92, "On Control Of Export of Nuclear Materials, Equipment, and Technologies from the Russian Federation." This decree 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. 5. Presidential Decree No. 388, 4/11/92, "On Measures to Establish an Export Control System in Russia." This decree 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 decree 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.
6. Government Resolution No. 366, 5/29/92, "On the Adoption of Documents Regulating Export of Dual-Use Equipment, Materials, and Related Technologies Applied for Nuclear Purposes." THIS DECREE IS NO LONGER IN FORCE. (Replaced by Government Resolution No. 575, 5/8/96.) This resolution 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.[4] 7. Presidential Decree No. 628, 6/14/92, "On Control of Strategic Raw Materials." 8. Presidential Directive No. 508 rp[5], 9/16/92, "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." 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.[6] 9. Government Resolution No. 734, 9/18/92, "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." THIS DECREE IS NO LONGER IN FORCE. (Replaced by Government Resolution No. 50, 1/16/95.) In accordance with Presidential Directive 508 rp, 9/16/92, this resolution approved the export and licensing procedures for dual-use chemical substances and technology. The resolution defined the export licensing authority and guidelines for dual-use chemical exports. 10. State Customs Committee Order No. 465, 10/15/92, "On Control Over the Export of Chemicals and Technologies Which Have a Peaceful Purpose But Can Be Used in the Creation of Chemical Weapons." 11. Government Resolution No. 842, 11/2/92, "On Approval of the Status of the Russian Federation Export Control Commission Under the Russian Federation Government and its Composition." THIS DECREE IS NO LONGER IN FORCE. 12. Government Resolution No. 854, 11/6/92, "On the Setting of Quotas and Issuing of Licenses for Exports and Imports on the Territory of the Russian Federation." This resolution replaced Government Resolutions No. 90, 12/31/91 and No. 188, 3/21/92. 13. Presidential Directive No. 711 rp, 11/17/92, "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." 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.[7] 14. Government Resolution No. 892, 11/20/92, "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." THIS DECREE IS NO LONGER IN FORCE. (Replaced by Government Resolution No. 1098, 9/26/94.) In accordance with Presidential Directive 711 rp, 11/17/92, this resolution approved the export and licensing procedures for dual-use biological agents. The resolution defined the export licensing authority and guidelines for dual-use biological exports. 15. Government Resolution No. 1005, 12/21/92, "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." THIS DECREE IS NO LONGER IN FORCE. (Amended by Government
Resolution No. 1136, 10/6/94, and later replaced by Government Resolution
No. 574, 5/8/96.) This resolution 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 resolution defined the export licensing authority and guidelines
for nuclear exports.
16. Presidential Directive No. 827 rp, 12/28/92, "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." THIS DECREE IS NO LONGER IN FORCE. (Replaced by Presidential Decree 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.[8] 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. 17. 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 Decree 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.[9] 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.[10] 18. Government Resolution No. 70, 1/27/93, "On Approval of the Statute Regulating Control of Exports from the Russian Federation of Equipment, Materials and Technology Employed To Develop Missile Weapons." (This resolution was later amended by Government Resolutions 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 resolution 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 resolution 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.[11] 19. Government Resolution No. 68, 1/27/93, "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." THIS DECREE IS NO LONGER IN FORCE. (Replaced by Government
Resolution No. 575, 5/8/96.) In accordance with Presidential Directive
827 rp, 12/28/92, this resolution 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 resolution defined
the export licensing authority and guidelines for nuclear exports.
20. Presidential Decree No. 235, 2/18/93, "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." This decree 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. 21. Decree No. 85, 2/26/93, "On the Ministry of Foreign Economic Relations of the Russian Federation." This decree clarified the responsibilities of the Ministry of Foreign Economic Relations in the sphere of export/import licensing and export controls. 22. Government Resolution No. 486, 5/24/93, "On Urgent Measures to Step up the Customs Control on the State Borders of the Russian Federation." 23. Government Resolution No. 560, 6/16/93, "On Tasks of the Federal Service for Foreign Currency and Export Control of the Russian Federation." 24. Presidential Decree No. 1444, 9/24/93, "On Russia’s Federal Service for Currency and Export Control." 25. Government Resolution No. 1030, 10/11/93, "On Controlling the Fulfillment of Obligations to Guarantee the Use of Imported and Exported Dual-Use Goods (Services) for Declared Purposes." This resolution 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:
26. Government Resolution No. 1102, 11/2/93, "On Measures Towards Liberalization of External Economic Activity." 27. Government Resolution No. 1136, 11/3/93, "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." This resolution proposed a revised control list for exports of equipment, materials, and technologies used to produce missiles. 28. Government Resolution No. 1157, 11/15/93, "On the Federal Service for Currency and Export Control." This resolution was adopted in accordance with Presidential Decree No. 1444, 9/24/93. 29. Presidential Directive No. 744 rp, 11/19/93, "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." 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 Resolution 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.[12] The list was revised to more accurately reflect MTCR Guidelines.[13] 30. Government Resolution No. 1178, 11/19/93, "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." This resolution 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 Resolution
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 resolution 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[14]. Other new language included the
following:
31. Ministry of Foreign Economic Relations Order (Prikaz) No. 882, 12/7/93, "On Instructions for the Registration and Delivery of Documents." 32. Presidential Decree No. 1007, 5/23/94, "On the Abolition of the Quota and Licensing System for Exporting Goods and Services." This decree 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. 33. State Customs Committee Order No. 230, 5/26/94, [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." According to these instructions, customs clearance is controlled
on three levels:
34. Government Resolution No. 632, 6/5/94, "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." This resolution proposed a revised control list for exports of dual-use biological agents. 35. Presidential Directive No. 298 rp, 6/14/94, "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." 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. 36. Government Resolution No. 758, 7/1/94, "On Measures for the Improvement of Government Regulations of the Export of Goods and Services." This resolution was a response to Presidential Decree 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. 37. Government Resolution No. 928, 8/12/94, "On Approval of the Agreement Concerning Re-exports and the Procedures for Issuing Re-export Permits." 38. Government Resolution No. 1005, 8/30/94, "On the Organization of Export Controls in the Russian Federation." This resolution 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 resolution also created the position of Deputy Director of the Federal Service for Currency and Export Control. 39. Presidential Decree No. 1923, 9/15/94, "On Priority Measures for Improvement of a System of Accountancy and Protection of Nuclear Materials." Among other measures to improve control and accountancy of nuclear materials, this decree 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. 40. Government Resolution No. 1098, 9/26/94, "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." This resolution replaced Government Resolution No. 892, 11/20/92. In accordance with Presidential Directive 298 rp, 6/14/94, this resolution approved revised export and licensing procedures for dual-use biological agents and related equipment. 41. Government Resolution No. 1136, 10/6/94, "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." THIS DECREE IS NO LONGER IN FORCE. (Replaced by Government Regulation No. 574 from 5/8/96.) This resolution amended Government Resolution 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." 42. Gosatomnadzor Departmental Order (Prikaz) No. 128, 11/14/94, "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." [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 Resolution No. 1005 (12/21/92), due to a lack of clarity in these procedures outlining the role of Gosatomnadzor.[16] 43. Presidential Directive No. 621 rp, 12/7/94, "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." 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. 44. Government Resolution No. 50, 1/16/95, "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." This resolution replaced Government Resolution No. 734, 9/18/92. In accordance with Presidential Directive 621 rp, 12/7/94, this resolution 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. 45. Government Resolution No. 238, 3/7/95, "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." This resolution 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. 46. Government Resolution No. 288, 3/22/95, "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." THIS DECREE IS NO LONGER IN FORCE. (Replaced by Government Resolution No. 574 from 5/8/96.) This resolution further amended the statute approved by Government Resolution No. 1005 on 12/21/92, and later amended by Government Resolution 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. 47. Presidential Directive No. 193 rp, 4/25/95, "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." THIS DECREE IS NO LONGER IN FORCE. (Replaced by Presidential Decree 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.[18] 48. Government Resolution No. 521, 5/24/95, "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." This resolution further amended the statute approved by Government Resolution No. 70 on 1/27/93, and later amended by Government Resolution 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. 49. Government Resolution No. 556, 6/3/95, "On Adopting Changes and Additions to Certain Decisions of the Russian Federation Cabinet of Ministers." THIS DECREE IS NO LONGER IN FORCE. (Replaced by Government Resolution No. 575, 5/8/96.) In accordance with Presidential Decree No. 66, 1/10/94, and Government Resolution No. 1005, 8/30/94, this resolution replaces all references to the Ministry of Economics with the Federal Service for Currency and Export Controls in Government Resolutions No. 68 (1/27/93), No. 1030 (10/11/93), No. 1157 (11/15/93), and No. 197 (3/10/94). 50. Government Resolution No. 1192, 12/4/95, "On the Status of Representatives of the Customs Committee in Foreign Countries." 51. Presidential Decree No. 1343, 12/31/95, "On Abolishing the Customs Control along the Russian Federation’s Border with the Republic of Kazakhstan." 52. Government Resolution No. 124, 2/8/96, "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." This resolution proposed a control list for exports of nuclear materials, equipment, special non-nuclear materials, and related technologies. 53. Government Resolution No. 142, 2/12/96, "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." This resolution proposed a revised control list for exports of dual-use equipment, materials and related technologies applied for nuclear purposes. 54. Presidential Decree No. 202, 2/14/96, "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." This decree 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 Resolution 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 Resolution No. 291, 3/16/96). 55. Presidential Decree No. 228, 2/21/96, "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." This decree 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 decree 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.[20] 56. Government Resolution No. 258, 3/6/96, "On Measures to Implement the Russian Federation Presidential Decree of December 31, 1995 `On Abolishing Customs Control Along the Russian Federation’s Border With the Republic of Kazakhstan.’" 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. 57. Government Resolution No. 291, 3/16/96, "On Approval of the Statute Regulating Exports and Imports of Radioactive Substances and Radioactive Substances-Based Products." In accordance with the Federal Law on Utilization of Nuclear
Power," this resolution 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 Resolution No. 1005, 12/21/92, Government Resolution No. 1136,
10/6/94, and Government Resolution 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 resolution defined the export licensing
authority and guidelines for the controlled items.
58. State Customs Committee Order No. 148, 3/19/96, "On Regulating the Registration of Contracts for Export of Goods in the Russian Federation." 59. Ministry of Foreign Economic Relations Order No. 162, 4/1/96, "On the Procedures for Export from and Import into the Russian Federation of Radioactive Materials and Products Made From Radioactive Materials." 60. State Customs Committee Order No. 277, 5/7/96, "On the Procedures for the Import into and Export from the Russian Federation of Radioactive Materials and Products Made From Radioactive Materials." 61. Government Resolution No. 574, 5/8/96, "On Approval of the Statute Regulating Exports and Imports of Nuclear Materials, Equipment, Special Non-nuclear Materials, and Related Technologies." This resolution replaced Government Resolutions 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 resolution approved new procedures
for exporting nuclear materials contained in the list approved by Presidential
Decree No. 202, 2/12/96. The resolution 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 Resolution
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:
62. Government Resolution No. 575, 5/8/96, "On Approval of the Statute Regulating Export From the Russian Federation of Dual-Use Equipment, Materials, and Related Technologies Applied for Nuclear Purposes." This resolution replaced Government Resolution No. 68, 1/27/93 and the portion of Government Resolution No. 556, 6/3/95 that amended No. 68. In accordance with Presidential Decree No. 228, 2/21/96, the resolution approved new procedures for the export of items from the list of nuclear related dual-use equipment, materials, and technologies. The resolution 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 Resolution 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. 63. Ministry of Foreign Economic Affairs Order No. 301, 5/17/96, "On Control of Exports and Imports of Nuclear Materials, Equipment, Special Non-Nuclear Materials and Related Technology." 64. Ministry of Foreign Economic Affairs Order No. 302, 5/17/96, "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." 65. State Customs Committee Order No. 315, 5/23/96, "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." 66. State Customs Committee Order No. 402, 6/27/96, "On the Procedures for the Export and Import of Nuclear Materials, Equipment, Special Non-Nuclear Materials, and Related Technologies." 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 Decree No. 202) and the licensing and export procedures for those items (Government Regulation No. 574). 67. Presidential Decree No. 1177, 8/14/96, "On the Structure of the Federal Organs of the Executive Branch." This decree 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 Decree No. 1611, below). 68. Presidential Decree No. 1194, 8/16/96, "On Control of Exports from the Russian Federation of Equipment, Materials, and Technology Employed to Develop Missile Weapons." This decree 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 decree 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. 69. Presidential Decree No. 1268, 8/26/96, "On Control of Exports from the Russian Federation of Dual-Use Goods and Technologies." This decree 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. 70. Government Resolution No. 1100, 9/13/96, "On Amending the Statute Regulating Exports from the Russian Federation of Equipment, Materials, and Technology Employed to Develop Missile Weapons." In accordance with Presidential Decree No. 1194, 8/16/96, this resolution amended Government Resolution No. 70, 1/27/93 so that it refers to Presidential Decree No. 1194 instead of Presidential Directive No. 193, 4/25/95. 71. Government Resolution No. 1172, 10/7/96, "On Regulating Control of Exports from the Russian Federation of Dual-Use Goods and Technologies, the Export of Which is Controlled." This resolution implements Presidential Decree No. 1268. 72. Government Resolution No. 1299, 10/31/96, "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." 73. Presidential Decree No. 1611, 11/29/96, "On Additions and Changes to Presidential Decree No. 1177 from 14 August 1996 `On the Structure of the Federal Organs of Executive Power.’" This decree 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.
Last updated May 1997
Comments or questions? Contact Kenley Butler at MIIS
CNS: Kenley.Butler@miis.edu
HOME | CONTACT US | SITE MAP |
|||||||||||||||||||||||||||||||||||||||||||