REGULATION on the import into the Russian Federation and export from the Russian Federation of special technical means intended for covert acquisition of information.
APPROVED
by the Decree of the Government
of the Russian Federation
dated March 10, 2000 No. 214
REGULATION
on the import into the Russian Federation and export from the Russian Federation of special technical means intended for the covert acquisition of information
1. This Regulation establishes the procedure for import into the Russian Federation and export from the Russian Federation by legal entities not authorized to carry out operational-search activities, special technical means intended for the covert acquisition of information (hereinafter referred to as — special technical means).
This Regulation does not apply to bodies carrying out operational-search activities, as defined by the Federal Law «On Operational-Investigative Activities».
2. The procedure for import into the Russian Federation (export from the Russian Federation) provides for:
licensing of import into the Russian Federation (export from the Russian Federation) of special technical equipment;
customs control and customs clearance of special technical equipment imported into the Russian Federation (exported from the Russian Federation).
3. Import into the Russian Federation (export from the Russian Federation) of special technical equipment is carried out under licenses issued by the Ministry of Trade of the Russian Federation in accordance with the procedure established by the Government of the Russian Federation.
In this case, as a decision of the relevant federal executive body (for certain types of goods subject to a special export or import procedure), provided for among the documents submitted to the Ministry of Trade of the Russian Federation to obtain a license, the applicant shall submit a decision of the Center of the Federal Security Service of the Russian Federation for Licensing, Certification and Protection of State Secrets (hereinafter referred to as the Center) on the possibility of importing into the Russian Federation (exporting from the Russian Federation) special technical equipment.
4. To make a decision on the possibility of importing into the Russian Federation (exporting from the Russian Federation) special technical equipment, the applicant shall submit to the Center a corresponding application, as well as:
a) technical documentation for the special technical equipment;
b) samples of special technical equipment (at the request of the Center).
5. The decision on the possibility of importing special technical equipment into the Russian Federation is made by the Center based on the results of the examination of the documentation submitted by the applicant.
The decision on the possibility of exporting special technical equipment from the Russian Federation is made by the Center based on the results of the examination of the documentation submitted by the applicant and testing of special technical equipment in the laboratory of the Federal Security Service of the Russian Federation.
6. Testing of special technical equipment in testing laboratories of the Federal Security Service of the Russian Federation is carried out on a contractual basis.
The testing period must not exceed 30 days.
The applicant shall transfer special technical means and technical documentation to the testing laboratory under a report. The report shall include the full names of the products, their registration numbers and a list of documentation. Reports shall be drawn up in two copies, one of which remains with the applicant and the second is transferred to the testing laboratory.
7. The Center shall, within 10 days from the date of receipt of all documents specified in paragraph 5 of this Regulation, make a decision on the possibility of importing into the Russian Federation (exporting from the Russian Federation) special technical means.
In some cases, if there is a large volume of submitted documents or if there are documents that require additional study, the decision-making period may be extended by 10 days.
8. The grounds for refusing to issue a positive decision are:
a) a conclusion made based on the results of the examination about the possibility of causing damage to state security;
b) the presence of inaccurate or distorted information in the documents submitted by the applicant.
9. Documents submitted to obtain a decision from the Center must be bound, certified by the signature and seal of the applicant.
10. In agreement with the Center, the Ministry of Trade of the Russian Federation may, if necessary, extend the validity period of the license for import into the Russian Federation (export from the Russian Federation) of special technical equipment.
11. In order to ensure statistical accounting and reporting, the applicant is obliged to submit to the Center quarterly a report on the actual import into the Russian Federation (export from the Russian Federation) of special technical equipment no later than the 20th day of the month following the reporting quarter.
12. The Ministry of Trade of the Russian Federation sends to the Center quarterly, in the agreed form, information on licenses issued for the import into the Russian Federation (export from the Russian Federation) of special technical equipment.
13. Special technical equipment imported into the Russian Federation (exported from the Russian Federation) are subject to customs clearance and customs control in accordance with the procedure established by the legislation of the Russian Federation. A necessary condition for the implementation of customs clearance and customs control of special technical equipment is the availability of a corresponding license from the Ministry of Trade of the Russian Federation.
14. Upon detection of a violation of the requirements of this Regulation, the customs authorities of the Russian Federation shall inform the Ministry of Trade of the Russian Federation and the Center thereof. If there is reason to believe that goods under customs control are special technical means, the customs authorities of the Russian Federation shall inform the relevant body of the Federal Security Service of the Russian Federation thereof.
15. The State Customs Committee of the Russian Federation shall send quarterly to the Ministry of Trade of the Russian Federation and the Center information on the actual import into the Russian Federation (export from the Russian Federation) of special technical means under licenses issued by the Ministry of Trade of the Russian Federation.
16. Violation of the established procedure for importing into the Russian Federation (exporting from the Russian Federation) special technical equipment entails liability in accordance with the legislation of the Russian Federation.