Dual-use goods include absolutely ordinary items that are used for general civil purposes. But the properties of these items are such that they can simultaneously be used for the production of various types of weapons or items that can be used for this purpose. These can be various types of finished goods, raw materials, technologies, valuable technical information or equipment. They can be used to create any weapon: small arms, chemical, biological, nuclear and other weapons.

Various countries make their own lists, in which they try to include these types of items as fully as possible, in order to establish additional control over their turnover. However, these lists are very similar in many ways. Usually the lists are very detailed and long, but the basis for assigning an item to them will be the possibility of using it for production:

• Paramilitary equipment and any type of weapons;
• Missiles and delivery systems;
• Nuclear weapon;
• Chemical and biological;
• Toxin weapon.

If an item, raw material or technology is classified by law as a dual-use item, special control conditions apply to its movement. The list of PD is available on the FSTEC website.

Export control of dual-use goods.

The legislation establishes more than one list containing product names with a dual purpose. The duty to establish the compliance of items with this list lies directly with the foreign trade participant.

If such a match is not established, the item is moved across the border without any additional restrictions. Unless the law places it in a different category for which special export controls are established.

Licensing

If the product has a dual purpose, you will need to provide special documents-a license or permit. Such documents are issued by the Ministry of economic development of the Russian Federation. In some cases, you need to provide a document that proves that there is no need to issue such a license.

The process of issuing a license is not fast, it takes about a month. The law sets a deadline of 45 days. It is necessary for a detailed review of the technical documentation for the product and establishing compliance with dual-use goods.

Note that the license is not issued in cases when the subject is classified as having a dual purpose, there is a discrepancy between general and specific features. Common features include the coincidence of the CN FEA code of the item on customs clearance and the code of the military and dual-use goods. To particular-the coincidence of individual quality characteristics.

If the general characteristics match, but not the specific ones, you do not need to issue a license to move across the border. However, this discrepancy will have to be documented. You will need to provide the customs authority with technical documentation for the goods, on the basis of which the official will make a decision on the possibility of moving without a license. If the information contained in such documents is insufficient, the entrepreneur may need additional technical or legal expertise.

You will not need to issue a license:

• If the items were already exported and then imported to Russia for repair or similar exchange under warranty;
• Imports, which the Russian participant of foreign economic activity exports for repair or replacement under warranty;
• If the product is subject to return to the country from which it was exported. At the same time, the goods were imported for a strictly defined time.

The legality of such importation without a license must be confirmed by a permit from the Federal service for technical and export control.

Conclusion about non-classifying

The Federal service for technical and export control issues a conclusion that is the only proof that the item cannot be used for military or other similar purposes. You will need it when you plan to move goods that have this potential.

The document can be the basis for moving items across the border or part of a license package of documents. To identify products, the authority compares them with the classifier of items of the Federal service for military-technical cooperation.

The conclusion indicates:

• Users who will eventually receive the item;
• The purpose for which you plan to use the product;
• Guarantee obligations of a foreign trade participant on compliance with the conditions of movement;
• Conclusion of the Commission on the possibility of export.

Obligations must be made for each specific foreign economic transaction, in compliance with the product names and terms of use. The exporter can apply to an accredited company for an independent examination. After receiving specialized documentation from the competent authorities, the items pass the usual customs procedures.

Dual-use goods have quality characteristics that allow them to be used for military purposes or for the production of various types of weapons. For such items, the state sets special conditions by release. It is necessary to issue special documentation that will allow the import of goods or establish the impossibility of their use for military purposes, the possibility of import without a license.

Military products, like any other goods transported across the customs border, are subject to customs Declaration, customs control, and release by customs authorities.

Military products can be exported from the Russian Federation for subsequent transfer to foreign customers; imported to the territory of the Russian Federation for the needs of Federal Executive bodies that have military formations within the framework of the state defence order of FSUE Rosoboronexport, as well as for the needs of organizations that are developers or manufacturers of military products and use these products in the production of their own military products; temporarily imported and exported for demonstration at various international exhibitions; exported for processing outside the customs territory or imported into the customs territory for repair.

The movement of military products is carried out under the licenses of the Federal customs service. The license holder must register the military product before it is actually moved to the customs office in the region where it is located after the registration of the FSMTC (Federal service for military-technical cooperation) license, the original remains in the customs office, and the owner is issued a certified copy.

Customs control of military products is carried out with mandatory selective customs inspection, taking into account the specifics of the factory packaging of goods.

During the customs declaration and customs control in respect of military products customs authorities store and record licenses, declarations for goods that are military products, as well as a set of documents attached to them, according to the procedure provided for documents marked “For internal use”.

Customs operations do not apply to military products that are transported in transit through the territory of the Russian Federation using troops permits as well as under intergovernmental agreements on production and scientific and technical cooperation of defense industry enterprises.

Permission for the transit of military products is issued by the Federal customs service after approval by the Ministry of defense, the Ministry of foreign Affairs, the Ministry of internal Affairs and other authorized services for military products.

The Federal customs service issues a transit permit only after receiving all approvals from the Federal Executive authority. The validity of the General permit is one year, and the one-time permit is valid within the transit period. If the permit is refused, the applicant is given a reasoned explanation. If military products are imported into the Russian Federation, but there is no permit for transit, the transit participant must ensure their return to the territory of the state from which they were imported.

So, based on the above, foreign trade participants who import and export military goods should remember the following:

1. When you cross the border of the Russian Federation, you need to provide a special license. Such a license can be obtained from the Committee of the Russian Federation on military-technical cooperation with foreign States.
2. Employees of checkpoints can conduct random inspections, taking into account the specifics of the factory packaging of the goods that you are transporting.
3. In the customs Declaration, before describing the goods, the category of military products must be specified – the same as in the license.
4. The main Department of tariff and non-tariff regulation makes a conclusion on whether your organization can be granted the right to carry out foreign trade activities with military products.
5. If non-compliance with customs legislation, legislation on military cooperation, export and exchange control, as well as licensing conditions is detected, the Main Department of tariff and non-tariff regulation will be informed immediately.
6. Transportation of military goods in customs transit mode, as well as by troops permits and under various intergovernmental agreements is carried out differently.

For obtaining of a license to export military cargo, the company must submit the following list of documents to the Committee of the Russian Federation for military-technical cooperation with foreign countries:

1. You need to apply for the necessary license.
2. An extract from the contract or a copy of the contract with a foreign customer.
3. Copies of contracts between developer organizations and applicant organizations, as well as between applicant companies and consumers of products.
4. A document that confirms the organization’s right to export such products.
5. Documents that confirm that the company has the right to conduct operations with this type of product.

To work on all issues more accurately related to customs clearance of dual-use and military cargo, please consult the specialists of VBK.