Resolution of the Government of the Russian Federation of July 1, 1996 N 770.
Resolution of the Government of the Russian Federation of July 1, 1996 N 770
«On approval of the regulation on licensing the activities of individuals and legal entities not authorized to carry out operational-search activities related to the development, production, sale, acquisition for the purpose of sale, import into the Russian Federation and export outside it of special technical means intended (developed, adapted, programmed) for the covert acquisition of information, and a list of types of special technical means intended (developed, adapted, programmed) for the covert acquisition of information in the process of implementing operational-search activities«
The Government of the Russian Federation decrees:
1. To approve the attached Regulation on licensing the activities of individuals and legal entities not authorized to carry out operational-investigative activities related to the development, production, sale, acquisition for the purpose of sale, import into the Russian Federation and export outside it of special technical means intended (developed, adapted, programmed) for the covert acquisition of information, and the List of types of special technical means intended (developed, adapted, programmed) for the covert acquisition of information in the process of implementing operational-investigative activities.
2. The Federal Security Service of the Russian Federation shall establish the procedure for registering and recording special technical means intended (developed, adapted, programmed) for the covert acquisition of information, developed, produced, sold, acquired for the purpose of sale, import into the Russian Federation and export outside it by persons not authorized to carry out operational-search activities.
3. This Resolution shall enter into force on October 1, 1996.
Chairman of the Government of the Russian Federation V. CHERNOMYRDIN
Appendix
Approved
By the Resolution of the Government
of the Russian Federation
of July 1, 1996 N 770
Regulations on licensing the activities of individuals and legal entities not authorized to carry out operational investigative activities related to the development, production, sale, acquisition for the purpose of sale, import into the Russian Federation and export outside of it of special technical means intended (developed, adapted, programmed) for the covert acquisition of information
1. These Regulations, developed in accordance with the Federal Law «On operational-search activities» (amendment of the legislation of the Russian Federation, 1995, N 33, art. 3349), Decree of the President of the Russian Federation of January 9, 1996 N 21 «On measures to streamline the development, production, sale, acquisition for the purpose of sale, import into the Russian Federation and export outside it, as well as the use of special technical means intended for the covert acquisition of information» (Amendment of the Legislation of the Russian Federation, 1996, N 3, Art. 153), defines the rules for issuing licenses for the implementation of activities related to the development, production, sale, acquisition for the purpose of sale, import into the Russian Federation and export outside it of special technical means intended for the covert acquisition of information (hereinafter referred to as «activities related to special technical means»).
2. Licensing is required for activities related to special technical means carried out by legal entities regardless of their organizational and legal form and individual entrepreneurs who are not authorized to carry out operational-search activities.
3. Licensing of activities related to special technical means is carried out by the Federal Security Service of the Russian Federation and its territorial bodies (hereinafter referred to as the licensing bodies).
4. Activities related to special technical means are permitted on the basis of applications from bodies carrying out operational-search activities, or relevant agreements with foreign partners after the licensing bodies have conducted an examination of the declared type of activity.
5. The following types of activities related to special technical means are subject to licensing:
a) development and production of special technical means;
b) sale of special technical means;
c) acquisition of special technical means for the purpose of sale, import into the Russian Federation and export outside it.
6. To obtain a license, the applicant shall submit the following documents to the relevant licensing authority:
a) an application for a license indicating:
for legal entities — their name and organizational — legal form, legal address, bank account number and name of the servicing bank;
for individual entrepreneurs — last name, first name, patronymic, passport details (series, number, when and by whom issued), place of residence;
type of activity related to special technical equipment, and the specific name of the special equipment;
a) license validity period;
b) copies of constituent documents;
c) a copy of the certificate of state registration of a legal entity;
d) a certificate from the tax authority on registration or a certificate of state registration of an individual as an individual entrepreneur with a stamp from the tax authority;
d) copies of documents confirming the right of ownership, the right of economic management of property necessary for the implementation of the declared type of activity related to special technical means, and (or) a lease agreement for the property;
e) documents confirming the provision of safety for the declared type of activity related to special technical means (including sanitary safety and fire and explosion safety);
g) data on regulatory and methodological support, organizational and technical capabilities and material and technical equipment for performing the relevant type of activity related to special technical means (in the form established by the Federal Security Service of the Russian Federation);
h) information on the professional training of specialists who will carry out the declared type of activity related to special technical means (in the form established by the Federal Security Service of the Russian Federation);
i) an agreement with the licensing authority on conducting an examination of the declared type of activity related to special technical means (in the form established by the Federal Security Service of the Russian Federation);
k) an application from the body carrying out operational-search activities, or a corresponding agreement with a foreign partner for the declared type of activity related to special technical means (submitted no later than 3 months from the date of receipt of the license);
l) a document confirming payment for consideration of the application.
It is prohibited to require the applicant to submit documents not provided for by this Regulation.
If copies of the submitted documents are not notarized, their originals must be presented at the same time.
All documents submitted to obtain a license are registered by the licensing authority.
7. The review of an application for a license and the issuance of a license are carried out on a fee basis.
A fee of one tenth of the statutory minimum wage is established for reviewing the application.
A fee of 3 times the minimum wage established by law is set for issuing a license (or its copy).
In the event of an additional (including independent) examination, the associated costs are not included in the established license fee and are paid separately.
8. The decision to issue or refuse to issue a license is made within 30 days from the date of receipt of the application with all necessary documents.
In case of an additional (including independent) examination, the decision is made within 15 days from the date of receipt of the expert opinion, but no later than 60 days from the date of filing the application with all the necessary documents.
In some cases, depending on the complexity and volume of materials subject to examination, the period for making a decision on issuing or refusing to issue a license by the head of the licensing authority may be additionally extended to 30 days.
9. A license is issued for a period of at least 3 years. At the request of the person applying for it, a license may be issued for a period of up to 3 years.
The license term is extended in accordance with the procedure established for obtaining it.
A separate license is issued for each type of activity related to special technical means. The licensee may have licenses for several types of such activities.
The license is signed by the head (in his/her absence — the deputy head) of the licensing body and certified by the seal of this body.
10. Licenses are issued on standard forms that have the security level of a bearer security, are strictly accountable documents, and have an accounting series and number.
The license shall indicate:
the name of the body that issued the license;
for legal entities — the name and legal address of the licensee;
for individual entrepreneurs — the last name, first name, patronymic, passport details (series, number, by whom and when issued), place of residence;
the type of activity related to special technical means for which the license is issued, and the conditions for its implementation;
the validity period of the license;
the registration number and date of issue of the license.
The license is issued after the applicant submits a document confirming its payment.
The transfer of the license to another legal entity or individual is prohibited.
If the licensed activity is carried out at several geographically separate sites, the licensee is issued, along with the license, certified copies indicating the location of each site.
Copies of the license are registered by the licensing authority.
11. Upon liquidation of a legal entity or termination of the certificate of state registration of an individual entrepreneur, the issued license loses legal force.
In the event of reorganization, change of the name of a legal entity, its legal address, change of passport data of an individual entrepreneur or his place of residence, loss of a license, the licensee is obliged to submit an application for re-issuance of the license within 15 days.
The license is re-issued in the manner established for obtaining it.
Before the license is re-issued, the licensee carries out activities on the basis of a previously issued license, and in the event of its loss — on the basis of a temporary permit issued by the licensing authority.
12. The licensing authority has the right to refuse to issue a license.
Notification of refusal to issue a license shall be submitted to the applicant in writing within 3 days after the relevant decision has been made, stating the reasons for the refusal.
The grounds for refusal to issue a license are:
the presence of false or distorted information in the documents submitted by the applicant;
a negative expert opinion.
13. Licensing authorities shall suspend or revoke a license in the event of:
submission by the licensee of a corresponding application;
detection of false data in the documents submitted to obtain a license;
violation of the license terms by the licensee;
a corresponding submission by the body carrying out operational-search activities, at the request of which the activity related to special technical means is carried out;
failure of the licensee to comply with orders or instructions of state bodies or suspension of the activities of a legal entity, as well as an individual entrepreneur in accordance with the legislation of the Russian Federation;
failure of the licensee to submit, within 3 months from the date of receipt of the license, an application from the body carrying out operational — search activities, or an agreement with a foreign partner;
liquidation of a legal entity or termination of the certificate of state registration of an individual as an entrepreneur.
The licensing authority, within 3 days from the date of the decision to suspend or revoke the license, shall inform the licensee and the State Tax Service of the Russian Federation of this decision in writing.
In the event of a change in the circumstances that led to the suspension of the license, its validity may be renewed.
The license is considered renewed after the licensing authority makes a corresponding decision, of which the licensee and the State Tax Service of the Russian Federation are notified no later than 3 days from the date of the decision.
The license may also be suspended by other authorities that have been granted this right by the legislation of the Russian Federation.
14. The licensing authorities maintain a register of issued, registered, suspended and revoked licenses.
15. The licensee is obliged to:
fulfill the terms of the license for the entire term of its validity;
to allow persons appointed by the licensing authorities to conduct an inspection of the activities carried out by them in connection with special technical means;
to notify the licensing authority of the termination of their activities in connection with special technical means;
to return the license and terminate the activities for which it was issued, based on the decision of the licensing authority;
to respond in writing to requests from the licensing authorities regarding the activities carried out by them in connection with special technical means.
The licensee has no right to advertise special technical means produced or sold by it without the permission of the customer — the body carrying out operational-search activities, or a foreign partner.
16. Control over compliance with the conditions stipulated by the license is carried out by the licensing authorities with the involvement, where necessary, of the internal affairs agencies and other bodies carrying out operational-search activities.
17. For carrying out activities related to special technical means without a license or in violation of its terms, those guilty shall be liable in the manner established by the legislation of the Russian Federation.
18. Heads and other officials of the licensing authorities shall be liable for violation or improper fulfillment of the requirements of this Regulation.
19. Decisions and actions of the licensing authorities may be appealed in the prescribed manner to the judicial authorities.