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RF Decree No. 1403

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Russian Federation Government decree no. 1403
"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 "
followed by "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 "

Russian Federation Government 7 November Decree " 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"

In accordance with the Russian Federation president's 2 September 1992 edict no. 972 "On measures for the Russian Federation's fulfillment of the UN Security Council resolutions with regard to the creation of an international mechanism for permanent oversight and controls of deliveries to Iraq," the Russian Federation Government decrees:

That the attached 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 be approved. (Footnote) (Appendices nos. 1-5 to the Statute are published in the "Sobraniye zakonodatelstva Rossiyskoy Federatsii").

That the Russian Federal Service for Currency and Export Control, the Russian Federation Ministry of Foreign Economic Relations and Trade, and the Russian Federation State Customs Committee ensure 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.

That it be established that the Russian Federation Government normative acts, published before this decree entered into force, on questions of export control and nontariff regulation of foreign trade activity with respec to commodities, technologies and facilities which are exported to Iraq and which are on the list of dual-use commodities and technologies and other facilities whose export to Iraq in accordance with UN Security Council resolutions is controlled and subject to notification or banned, which list was approved by the Russian Federation president's 2 September edict no. 972, continue to be applied insofar as they do not contradict 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 approved by this decree.

That it be established that collaboration with the UN special commission for Iraq's disarmament and the International Atomic Energy Agency [IAEA] on questions connected with the functioning of the international mechanism for permanent oversight and controls with respect to Iraq be implemented by the federal organs of executive power through the Russian Federation Foreign Ministry.

That the Russian Federation Ministry of Foreign Economic Relations and Trade and the Russian Federation State Customs Committee bring their normative acts into line with this decree.

That the Russian Federation Foreign Ministry inform the UN Secretary General and the IAEA general director of the implementation at national level of the international mechanism for permanent oversight and controls with regard to Iraq.

That this decree (apart from points 5 and 6) enters into force at the same time as the Russian Federation president's 2 September 1997 edict no. 972.

[Signed] Russian Federation Government Chairman V. Chernomyrdin. Statute on Controls Over the Export to Iraq of Dual-Purpose Commodities and Technologies and Other Facilities Subject to the International Mechanism for Permanent Oversight and Controls [subhead] This Statute determines the procedure for implementing control over the export from the Russian Federation to Iraq of dual-use commodities and technologies and other facilities originating in the Russian Federation or released for free circulation on Russian Federation territory included on the list of dual-use commodities and technologies and other facilities whose export to Iraq in accordance with UN Security Council resolutions is controlled and subject to notification or banned, which list was approved by the Russian Federation president's 2 September edict no. 972 (hereinafter referred to as the List).

This Statute has been drafted with a view to ensuring the Russian Federation's fulfillment of the UN Security Council resolutions no. 715 of 11 October 1991 and no. 1051 of 27 March 1996 with respect to the creation of an international mechanism for permanent oversight and controls over deliveries to Iraq of dual-use commodities and technologies and other facilities which could be used by Iraq to create banned types of weapons (hereinafter referred to as the mechanism for permanent oversight and controls).

The demands of this Statute are binding for execution by all participants in foreign trade activity irrespective of their organizational and legal form, form of ownership, and place of registration when they carry out foreign trade operations connected with the export to Iraq of dual-use commodities and technologies and other facilities included on the List (hereinafter referred to as controlled commodities and technologies).

The export to Iraq of the following controlled commodities and technologies is not allowed:

those intended for use in activity forbidden to Iraq by UN Security Council resolutions;

those with regard to which here operate the bans and restrictions introduced on the basis of the UN Security Council resolutions no. 661 of 6 August 1991, no. 687 of 3 April 1991, no. 707 of 15 August 1991, and no. 715 of 11 October 1991 except for cases where the appropriate authorization of the committee instituted by the UN Security Council resolution no. 661 of 6 August 1990 or of the UN special commission for Iraq's disarmament has been obtained for the export of these commodities and technologies within the procedure stipulated by the UN Security Council.

The procedure for controls over the export of controlled commodities and technologies to Iraq envisaged by this Statute includes:

the coordination of the Russian Federation's draft international treaties providing for deliveries of controlled commodities and technologies to Iraq;

the preparation and issue of findings on the possibility of exports of controlled commodities and technologies to Iraq;

the licensing of exports of controlled commodities and technologies to Iraq;

the customs registration and customs control over controlled commodities and technologies moved outside the Russian Federation; the supply to the joint group of the UN special commission for Iraq's disarmament and the IAEA (hereinafter referred to as the Joint Group) of information on the export from the Russian Federation to Iraq of controlled commodities and technologies.

The draft international treaties of the Russian Federation submitted to the Russian Federation Government (irrespective of their form and name) which are connected with deliveries of controlled commodities and technologies to Iraq or which provide for a different procedure from that determined by this Statute for exporting such commodities and technologies from the USSR, in addition to agreement within the stipulated procedure are subject to agreement with the Russian Federation government commission for export control.

The export to Iraq of controlled commodities and technologies subject to the Russian Federation's international commitments regarding the nonproliferation of weapons of mass destruction and missile delivery systems is implemented in accordance with the requirements of Russian Federation legislation on export controls and this Statute.

The export to Iraq of controlled commodities and technologies whose declared use is for military purposes is implemented within the procedure stipulated by Russian Federation legislation for the export of military output, work, and services and by this Statute.

The contract (treaty, agreement) for the export of controlled commodities and technologies to Iraq should indicate:

the intended use of the exports;

the final users of the exports.

If the exported controlled commodities and technologies are subject to the Russian Federation's international commitments on the nonproliferation of weapons of mass destruction and missile delivery systems, the contract (treaty, agreement) should also include the commitments of the importer (final users) stipulated by Russian Federation export control legislation with regard to the use of export items and other conditions of the export deal.

The export of controlled commodities and technologies from the Russian Federation to Iraq is implemented on the basis of one-off licenses issued by the Russian Federation Ministry of Foreign Economic Relations and Trade within the stipulated procedure.

For the issue of a license for the export to Iraq of controlled commodities and technologies whose stated use is for military purposes the exporter submits to the Russian Federation Ministry of Foreign Economic Relations and Trade the documents stipulated by Russian Federation legislation for the export of military output, work, and services and also:

the finding of the Russian Federation Government Commission for export control on the possibility of the export of controlled commodities and technologies -- if the exported commodities or technologies are subject to the Russian Federation's international commitments for the nonproliferation of weapons of mass destruction and missile delivery systems for them;

notification of the intention to export to Iraq controlled commodities or technologies drawn up according to the form stipulated by appendix no. 1 in accordance with the rules stipulated by appendix no. 2 and the supplementary sheets to it in accordance with appendix no. 5.

For the issue of a license for the export to Iraq of controlled commodities and technologies whose stated use is nonmilitary, the exporter submits to the Russian Federation Ministry of Foreign Economic Relations and Trade:

an application for the issue of the license;

a copy of the contract (treaty, agreement) for the export of controlled commodities and technologies;

the finding of the Russian Federation Government Commission for export control on the possibility of exporting the controlled commodities and technologies;

other documents stipulated by Russian Federation legislation.

To obtain the finding of the Russian Federation Government Commission for Export Control on the possibility of exporting controlled commodities and technologies to Iraq the exporter submits to the Russian Federal Service of Currency and Export Control:

a copy of the contract (treaty, agreement) for the export of controlled commodities and technologies. The copy of the contract (treaty, agreement) should be authenticated by the leader or authorized official and by the seal of the exporting organization. The copy of the contract (treaty, agreement) should also indicate the date of its issue and should note the whereabouts of the original;

a copy of his state registration certificate, witnessed by a notary; notification of the intent to export controlled commodities and technologies to Iraq drawn up according to a form complying with appendix no. 1 in accordance with the rules complying with appendix no. 2 and the supplementary sheets to it in accordance with appendix no. 5. Notification of the intent to export to Iraq controlled commodities and technologies created using federal budget funds is subject to compulsory agreement with the Russian Federation ministry (department) which exercises the functions of state client or its successor;

other documents stipulated by Russian Federation export control legislation in the event of the export of commodities and technologies subject to the Russian Federation's international commitments for the nonproliferation of weapons of mass destruction and missile delivery systems;

the authorization of the relevant federal organ of executive power in the case of the export of a commodity with regard to which Russian Federation legislation stipulates a special export procedure.

In addition before the UN Security Council makes the decision to alter or repeal restrictive measures introduced with respect to Iraq, the exporter also submits a copy of the written authorization of the committee instituted by the UN Security Council resolution no. 661 of 6 August 1990 and after a decision has been made to alter or repeal restrictive measures in the case of the export of chemicals included in part 2 section 1 of the List and of toxins included in provisions 2.2.5,9 and 2.2.5, 10 of the List -- a copy of the written authorization of the UN special commission on Iraq's disarmament.

Documents issued in a foreign language are submitted by the exporter with their authenticated translations into Russian attached to them. The Russian Federal Service for Currency and Export Control has the right to request and to receive within the stipulated procedure from the exporter and other persons taking part in foreign trade activity and involved in a deal to do with the export of controlled commodities and technologies and also from the Russian Federation federal organs of executive power the information and documents necessary to prepare the finding of the Russian Federation Government commission for export control on the possibility of exporting controlled commodities and technologies. Participants in foreign trade activity and also officials of the Russian Federation federal organs of executive power bear responsibility for the authenticity of the information they submit in accordance with Russian Federation legislation.

The notification of the intent to export controlled commodities and technologies to Iraq should indicate the registration number assigned by the Joint Group to the deal in accordance with which these commodities and technologies are being exported.

In accordance with the procedure stipulated by the international mechanism for permanent oversight and controls, representatives of Iraq are obliged to obtain a registration number for a deal. The registration number for a deal must then be notified by the Iraqi importer to the exporter.

The submission of notification of the intent to export to Iraq controlled commodities and technologies whose stated purpose is nonmilitary is permitted without the registration number of the deal if for some reason the exporter does not know this number. In that case the exporter's request for the issue of a finding from the Russian Federation Government Commission for Export Control on the possibility of exporting controlled commodities and technologies will be subject to examination only after the Russian Federal Service for Currency and Export Control has received a copy of the notification confirmed by the Joint Group, dispatched in accordance with point 22 of this Statute with an indication of the registration number assigned to the deal, which the Russian Federal Service for Currency and Export Control notifies to the exporter.

The decision to issue or to refuse to issue a finding on the possibility of exporting controlled commodities and technologies is made by the Russian Federation Government Commission for Export Control on the basis of the results of an interdepartmental study of the circumstances of a specific export deal proceeding from the interests of the Russian Federation's national security and its international commitments.

Exporters' requests for the issue of findings are examined and decisions are made on them within 30 days of the receipt by the Russian Federal Service for Currency and Export Control of all documents which are required and are appropriately formulated.

In exceptional cases connected with the need to conduct an interdepartmental appraisal of materials of considerable volume and complexity submitted for examination, this deadline can be extended, but by no more than 15 days, and the exporter must be informed of this. Grounds for denying the issue of a finding are:

the submitted documents' noncompliance with the demands stipulated by Russian Federation legislation;

the submission of incomplete or unreliable information;

other circumstances connected with the export deal as a result of which harm could be caused to national security interests or the Russian Federation's international commitments could be violated.

If the Russian Federation Government Commission for Export Control decides to refuse to issue a finding, the Russian Federal Service for Currency and Export Control sends the exporter an appropriate written notification indicating the reasons for the refusal.

The finding of the Russian Federation Government Commission for Export Control on the possibility of the export of controlled commodities and technologies is sent by the Russian Federal Service for Currency and Export Control to the Russian Federation Ministry of Foreign Economic Relations and Trade and to the exporter who must submit it within six months of the date of the signing of this finding to the Russian Federation Ministry of Foreign Economic Relations and Trade to draw up a license within the stipulated procedure. A finding submitted by the exporter after the indicated deadline is invalid.

The exporter must report within 10 days in writing to the Russian Federal Service for Currency and Export Control and to the Russian Federation Ministry of Foreign Economic Relations and Trade any changes to the terms of the export deal involving controlled commodities and technologies and also any other circumstances which have become known to him relating to the deal if these changes or circumstances entail the need to redraft the finding of the Russian Federation Government Commission for Export Control on the possibility of exporting controlled commodities and technologies or the license for the export of these commodities and technologies or to introduce changes and additions to documents submitted by the exporter to these federal organs of executive power.

In the event of a change to the terms of the export deal affecting the item of export, the intended use of the item of export, the final user, or the emergence of other circumstances of substantial importance to the export deal, the finding previously issued by the Russian Federation Government Commission for Export Control on the possibility of export can be annulled or its operation can be suspended. The decision to annul or suspend the operation of a finding of the Russian Federation Government Commission for Export Control on the possibility of exporting controlled commodities and technologies is sent by the Russian Federal Service for Currency and Export Control to the exporter and the Russian Federation Ministry of Foreign Economic Relations and Trade and entails accordingly the annulling or suspension of the operation of the license issued on the basis of this finding.

The demands stipulated in points 9-17 of this Statute for the export of controlled commodities and technologies extend also to the export of these commodities and technologies for temporary use in Iraq.

To obtain the relevant finding of the Russian Federation Government Commission on Export Control the participant in foreign trade activity who is undertaking this export sends the Russian Federal Service for Currency and Export Control the documents listed in point 13 of this Statute and also a document containing an undertaking to recover the items exported or the products of their processing within the stipulated deadline in accordance with Russian Federation legislation. In the event of the export of controlled commodities or technologies for display at an exhibition or fair without the conclusion of a contract (treaty, agreement) any other document is submitted which confirms the intended use and the duration of their presence in Iraq.

The export from the Russian Federation to Iraq of controlled commodities which are the products of processing of foreign commodities specially imported to Russian Federation territory for the purpose of processing is undertaken in accordance with Russian Federation customs legislation within the procedure stipulated by this Statute for the export of such commodities. Here an essential condition for the customs registration of foreign commodities imported to Russian Federation territory with a view to processing is the existence of a license issued by the Russian Federation Ministry of Foreign Economic Relations and Trade for the export of the products of their processing.

The Russian Federation Ministry of Foreign Economic Relations and Trade submits to the Russian Federal Service for Currency and Export Control information according to the agreed form on licenses issued on the basis of the findings of the Russian Federation Government Commission for Export Control for the export of controlled commodities and technologies (except for licenses for the export of commodities and technologies whose stated use is for military purposes). This information is submitted no later than 10 days after the issue of the license.

The controlled commodities and technologies exported from the Russian Federation to Iraq are subject to customs registration and customs control within the procedure stipulated by Russian Federation customs legislation.

An essential condition for the customs registration of these commodities and technologies is the possession by the foreign trade activity participant' who is exporting them of a license issued by the Russian Federation Ministry of Foreign Economic Relations and Trade. Here the completion of the customs registration of controlled commodities and technologies exported to Iraq is possible only on condition that the dispatcher submits a report on the actual export to Iraq of these commodities and technologies compiled in the form stipulated by appendix no. 3 in accordance with the rules stipulated by appendix no. 4 and the supplementary sheets to it in accordance with appendix no. 5 and also on condition that there is a check that the Russian Federation customs organ performing this registration has filled in the relevant elements in this report.

The Russian Federation customs organ which performs the customs registration of controlled commodities and technologies sends, no later than five days after its completion, a report on the actual export to Iraq of controlled commodities and technologies in accordance with the data for registration and accounting provided by the exporter in paragraph 23 of this report;

in the event of the exportation (export) of controlled commodities and technologies whose stated use is for nonmilitary purposes -- to the Russian Federal Service for Currency and Export Control;

in the event of the exportation (export) of controlled commodities and technologies whose stated use is for military purposes -- to the Russian Federation Ministry of Foreign Economic Relations and Trade.

On the basis of the information provided by the Russian Federation exporters and customs organs, the Russian Federal Service for Currency and Export Control as regards commodities and technologies whose stated use is for nonmilitary purposes and the Russian Federation Ministry of Foreign Economic Relations and Trade as regards commodities and technologies whose stated use is for military purposes prepare according to the form and requirements stipulated by the UN special commission for Iraq's disarmament and the IAEA and send to the Russian Federation Foreign Ministry for subsequent transmission to the Joint Group information on the intent to export and the actual export of controlled commodities and technologies from the Russian Federation to Iraq.

The Russian Federation Foreign Ministry returns correspondingly to the Russian Federal Service for Currency and Export Control and the Russian Federation Ministry of Foreign Economic Relations and Trade for accounting and control purposes copies of the notifications prepared by these federal organs of executive power with a note confirming they have been received by the Joint Group.

The export of controlled commodities and technologies which are the carriers of information which is a state secret is carried out in accordance with Russian Federation Legislation on state secrets and with this Statute.

The federal organs of executive power inform the Russian Federation Service for Currency and Export Control of all instances which have come to their knowledge of the export from the Russian Federation to Iraq of foreign controlled commodities and technologies with regard to which Iraq was not originally stated to be the recipient country (during transit, reloading, temporary import, presence in a free customs zone, and at a customs depot) and the service sends the information it has received to the Russian Federation Foreign Ministry for subsequent notification of the Joint Group.

Questions not regulated by this Statute that are connected with the export to Iraq of controlled commodities and technologies are resolved within the limits of its competence by the Russian Federation Government Commission for Export Control in accordance with the Russian Federation's international commitments and legislation.

Persons who export controlled commodities and technologies from the Russian Federation with a view to their subsequent import onto Iraqi territory in violation of the procedure stipulated by this State are liable in accordance with Russian Federation legislation.