export control

export control

When exporting (and sometimes importing) certain products, exporters (importers) are faced with the need to issue an FSTEC Russia Identification Conclusion (hereinafter referred to as the FSTEC Conclusion).

The PROFITRADE company has experience in drawing up Conclusions from the Federal Service for Technical and Export Controls for the import of electrical equipment, its components and other goods. The conclusion of the FSTEC is presented to the customs authorities and is a necessary document for the transport of goods. To take out the goods without issuing permits, you will need the FSTEC of Russia on the application of non-tariff regulation measures. The Federal Service for Technical and Export Control (FSTEC) issues this document as a confirmation of the non-belonging of a certain product to the category of controlled goods or technologies.

The conclusion of the FSTEC usually indicates that the products do not fall into the lists of controlled goods (dual-use goods) approved by the Decrees of the President of the Russian Federation, and for their export (or import) a license or other permission is required by law. According to the general definition, dual-use goods are understood to mean products that can potentially be used both in the civilian and military spheres. Both in law and in practice, there are different terms:

– dual-use goods,

-controlled goods,

-controlled lists,

-export control goods.

All these concepts are synonyms and have essentially the same meaning.

However, the term “military products” (PVN) refers to another area: in this case, we mean products that are used only in the military sphere.

What does the law say?

The Federal Law “On Export Controls” (Article 1) provides the following definition of controlled products:

Controlled goods and technologies – raw materials, materials, equipment, scientific and technical information, which due to their features and properties can make a significant contribution to the creation of weapons of mass destruction, their delivery vehicles, other types of weapons and military equipment, as well as products that are especially dangerous in terms of preparing and (or) committing terrorist acts.

Specific lists of controlled goods are approved by different decrees of the President of the Russian Federation. Despite the formation in 2014 of the Eurasian Economic Union (EAEU) and a single customs territory, export control issues are still regulated at the national level.

In other words, when exporting dual-use products from Russia to the EAEU countries (Belarus, Armenia, Kazakhstan, Kyrgyzstan), it is necessary to draw up permits in the field of export control (as if the goods were exported outside the EAEU).

When is the FSTEC opinion required?

Often, in practice, the customs inspector, not being a specialist and not wanting to take responsibility, requires an opinion from the competent state authority (FSTEC of Russia) to make sure that the goods do not fall into the lists of controlled goods and do not require a license to release them. Moreover, similar doubts may arise with the customs authority regarding a fairly wide range of goods: from ordinary computer equipment to spare parts for aircraft. This is due to the fact that the lists of dual-use products are quite extensive, approved by various regulations and contain specific parameters and criteria, which are very difficult for a non-specialist to understand. In some cases, the FSTEC Conclusion may also be issued for products that fall into the lists of controlled goods. This may occur when a foreign economic transaction does not involve the transfer of controlled goods to foreign persons (for example, import or temporary import).What are dual-use products?

Dual-use goods include goods intended for peaceful purposes, but can be used to create weapons:raw materials and materials of a special type

-technologies and information, with the help of which various types of military equipment and weapons are manufactured (nuclear, chemical, missile, bacteriological weapons, etc.).

Why is the conclusion of the FSTEC necessary?

This conclusion is necessary:

– at the request of the customs authorities

-with the appropriate conclusion of expert organizations

-by order of the applicant

– reorganization or transformation of the enterprise

-change of name of organization

– change of address of a legal entity and individual

-Changing the terms of the contract (purpose / place of use of products)

Most importantly, the conclusion of the FSTEC is valid for only one year and cannot be extended. The document indicates the specific foreign recipient. It is made out under the contract or agreement.

To draw up the Conclusion, the FSTEC needs to submit a certain list of documents (application, warranty, a copy of the foreign trade contract, a detailed technical description of the product, information about its purpose, purpose of use outside the Russian Federation, etc.).

To draw up the Conclusion, the FSTEC needs to submit a certain list of documents (application, warranty, a copy of the foreign trade contract, a detailed technical description of the product, information about its purpose, purpose of use outside the Russian Federation, etc.).

With PROFITRADE LLC it is easy to get the FSTEC Conclusion. According to the contracts signed with us, we undertake all obligations to complete these documents. We draw up a set of documents for submission to the FSTEC (applications, technical descriptions, letters of guarantee, etc.). Do not forget about the timing of the consideration of applications and the issuance of permits. The official deadline for issuing the Conclusion is 30 calendar days from the date of receipt of documents at the FSTEC office.
We control the process of obtaining the Opinion, contact the contractor on all emerging issues. This allows you to reduce the time for issuing the Conclusion to 5-7 working days. An important criterion in determining the need to draw up the FSTEC Conclusion is to which country the goods are exported.

So, for example, due to the political situation, customs almost always requires a conclusion in the case of export of any technically complex product to countries determined by decisions of the UN Security Council or Presidential Decrees (for example: Afghanistan, North Korea, Israel, Iraq, Iran, Syria, Ukraine )

Do you know that:

The FSTEC conclusion can be drawn up both for an individual and a legal entity that is a resident of the Russian Federation, on the basis of a foreign trade contract concluded with a specific foreign counterparty.

Conclusion FSTEC, as a rule, is valid for the entire duration of the foreign trade contract for which it is executed.So, as more than once our company is faced with obtaining these permits, our specialists without any problems carry out customs clearance of the electrical equipment supplied by us and its components, taking into account the current rules and legislation.