Manual: Export Control and Licensing in Russia
Compilation of a Systematic Manual on the Issues of Export Control and Licensing in Russia: Legislation and Regulatory Bases, Infrastructural Provision for Control and Licensing, Licensing Practice
Tech Area / Field
- FIR-NSS/Nuclear Safety and Safeguarding/Fission Reactors
3 Approved without Funding
International Center for Environmental Safety of Minatom RF, Russia, Moscow
- AREVA / Moscow Representation, Russia, Moscow\nMonterey Institute of International Studies, USA, CA, Monterey\nSanko Progress Corporation, Japan, Tokyo\nBattelle Memorial Institute, USA, OH, Columbus
Project summaryYears 2000-2001 were the years of important changes in Russian export control system. The adopted new statutory acts along with the regulatories developed on their basis have established a single order of export controls and licensing for all “sensitive” materials, equipment, commodities, and technologies.
As many significant changes both, in the legislation and export control procedures, and in structure of the state authorities involved in this activity, are relatively recent, an important task is to provide their on time and utmostly comprehensive reflection in the available textbooks and manuals.
Undoubtedly, comprehension of the legal acts and procedures requires particular efforts and a professional approach. At Minatom RF enterprises this is provided by the internal programs of export control which are implemented by specially appointed staff periodically trained within the industry’s system. Similar approaches are implemented in other industries involved in exports of the commodities controlled.
One should note the comprehensive activities on organization of the internal export control systems and personnel training as carried out by the Minatom RF Export Board and the Departmental Expertise and Methodical Laboratories under Minatom RF, in particular, regular performance of the departmental seminars on export control at Minatom enterprises and issuing of the annually updated “Training aid on nuclear export controls”.
At the same time, to secure the observance of export control rules and procedures it is not enough to have trained and comprehensive specialized staff at the enterprises. The research and technical personnel at these enterprises, i.e., personnel that may be involved in the performance of actual works for export contracts, or may participate in their shaping-up and preparation, should be acknowledged with basic export control rules also. Here, due to the limited capabilities of Minatom’s Export Board and the Departmental Expertise and Methodical Laboratories under Minatom RF, the situation is far from being perfect: circulations of the issued aids and handbooks are too small, especially as comes to those of them that reflect the recent legislative and procedural changes in full. Under these circumstances, when staff members and low level managers of the enterprises make an attempt to train themselves in the fundamentals of Russian export control system, they may well come across dated or incomplete handbooks or manuals.
Many available publications for export control appear to be too general and far from practical needs. On the contrary, others require an in-depth study and are dedicated to the training of namely export control specialists. In this, practically absent are the aids designated to a wide circle of scientific and technical personnel, including those of private companies. Those are to be systematic handbooks or manuals which should describe all basic aspects of export control system in the form acceptable to a non-specialist, but without sacrificing the necessary degree of detail.
An increased interest to the information about Russian export control system has been observed from many foreign companies in recent years. The companies are those that carry on or plan to perform trade operations with Russian enterprises. The interest is well explained by purely commercial considerations: preparing contracts, many companies wish to know, which export control procedures should their Russian partners pass, how much time will it take, what would be the costs of licensing and customs clearing, are the delays possible and due to what? The interest of foreign companies is stimulated by the fact that many manuals on the state-of-the-art in Russian export control system are available in Russian only.
Many experts point that current Russian legislation on export controls is one of the more perfect ones throughout the world. Moreover, one of the tasks may be to promote the reliable information about Russian export controls worldwide. Again, the bi-lingual handbooks or manuals which describe all basic aspects of Russian export control system in the form acceptable to a non-specialist, but without sacrificing the necessary degree of detail, tend to be a better form for such promotion.
In connection with the above, there is a need for systematic Manual that would provide a comprehensive, clear and unambiguous description of all aspects of export control and licensing procedures currently in force in Russia. This Manual shall contain an explicit non-classified information on all legislative and institutional aspects of export controls; the information should be presented in a reader-friendly and unambiguous form. In this, the accent should be made on the current order, rules, and procedures of licensing within export controls, with inpidual descriptions being provided for different cases of ‘sensitive’ export. Of course, the Manual shall be both, in Russian and in English.
The project goal is to develop a systematic bi-lingual Manual on the export controls and licensing of export contracts in Russia. The manual should provide a comprehensive information on the Russian export control and licensing system in a reader-friendly format.
The Manual is be dedicated to description and analysis of the state-of-the-art in Russian export controls with in-depth consideration of namely licensing order and procedures as provided for by the Russian legislation for different cases of export.
The Manual should contain analysis of all major aspects of export controls system, including the legislative and regulatory bases, the infrastructure of Federal executive authorities involved, implementation practice and the forms of its technical accomplishment, information about the costs and deadlines for particular procedures, etc.
Finally, the Manual should be issued both, as a hard copy, and in an electronic format providing for its location at Web-sites and further use as an electronic handbook.
Head participating institution would be the International Center for Environmental Safety of Minatom of Russia – a organizer of many international projects in the field of nuclear safety.
The project would also involve the inpidual specialists form Minatom RF enterprises acknowledged of the state-of-the art in Russian export contracts.
Produced would be a reader-friendly and comprehensive reference Manual on the state-of-the-art in Russian licensing system for export controls. The Manual would be prepared both, as carbon copy and in electronic form. This manual may become a handbook for both, Russian and foreign companies and organizations involved in sensitive export operations from Russia. Periodical updating of this manual (for example, on an annual basis) to trace further changes in Russian export control system may be provided for. The analysis performed within the Manual may make a particular contribution to producing the recommendations on further advancement of Russian export control system. This goals of this advancement may address both, further proliferation prevention though more elaborate export controls, and effective elimination of cases when unduly conceived and implemented rules and procedures prevent the development of international cooperation and trade.
Realization of the project would provide an option for weapons-related scientists and specialists to re-orient their activities and target them at peaceful implications. About 60% of the project participants have experience in the development of mass destruction weapons and delivery means.
Realization of the project would contribute to more transparency in Russian export controls system, to the prevention of infringements in this sphere, i.e., would produce a particular contribution to the solution of one of the more important international problems, that of further elaboration of international non-proliferation regimes.
In the process of works collected, presented, and analyzed would be the collection of documentary and reference materials, including the lists of currently enforced Federal laws and statutory acts, as well as the lists of departmental regulatory and normative documents, the lists of Federal executive authorities involved in export control procedures complete with their contact requisites, the application forms for export control and licensing procedures, the forms of export licenses and permits, customs declarations, documents proving the observance of Russian currency regulations, and other documents accompanying or proving the observance of export control rules.
Collection and analysis of export controls related documents will be performed systematically, in accordance with the currently adopted rubrication of the control lists which discriminate between different cases of export.
Also considered and analyzed within the above rubrication will be the general pattern of export licenses obtaining and its specific features for particular cases of ‘sensitive’ export, Federal executive authorities involved in export control procedures complete with their competencies and functions, the institutional structure of technical support for licensing procedures accomplishment, including departmental and internal export control services, the liability for export control infringements, and the current practice of export control accomplishment. Moreover, in the process of Manual compilation produced may be particular recommendations on advancement of the existing system of export contract licensing. The cases of inefficient export control system operation would be treated inpidually.
Participation of the foreign collaborators – representatives of the organizations and companies who are involved in trade operations with Russia for several ‘sensitive’ trends – would make it possible to pay special attention namely to those issues and problems in export controls and licensing which are more often addressed in practice. The resolution of such issues would contribute to both, additional elimination of the infringements in the field, and further fruitful development of international cooperation.
The technical approach and methodology include the systematic collection and analysis of export control related documents, the analysis of practical aspects in licensing procedures implementation for export controls, a systematic analysis of the relevant issues. The staff members of enterprises who are directly involved in technical accomplishment of the export control procedures would be attracted as experts.
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