Federal Service for Technical and Export Control (FSTEC)
Federal Service for Technical and Export Control (FSTEC) at the Ministry of Defense has export control authority, licenses exports of both arms and dual-use items. There are six lists of dual-use items that must be licensed by the FSTEC of Russia. These lists are approved by presidential decrees. FSTEC of Russia has to bring in other agencies, the Ministry of Foreign Affairs, the Federal Customs Service, the Ministry of Defence and others. More complicated issues are resolved by the Commission for Export Control.
The State Technical Commission of the USSR [Gostekhkomissiya USSR) was created in accordance with the decision of the government of the USSR dated December 18, 1973. The State Technical Commission, with its 20-year experience of protecting state secrets from foreign intelligence services, was charged with implementing the functions of an Inter-Agency Commission for the Protection of State Secrets as required by the law On State Secrets. The State Technical Commission was not an intelligence service in the customarily accepted sense of the word. It was created as a permanent body responsible for the protection of state secret and official information, for preventing its loss through technical channels, and for counteracting foreign technical intelligence services on operatiions in Russia.
The President's Decree of the Russian Federation dated January 5, 1992 of ? 9 on the basis of Gostekhkomissii of the USSR created state technical commission with the President of the Russian Federation (Gostekhkomissiya of Russia) with the tasks of conducting united technical policy, organization and monitoring of operations on the protection of information in the defense, the economic, the political, scientific and technical and other spheres of activity.
In 1998 President Clinton and President Yeltsin agreed toexpand cooperation on export controls to halt the spread of weapons of massdestruction and their means of delivery. The two presidents agreed toregularize and develop a series of interagency subgroups to enhance exportcontrol cooperation in seven principal areas: missile technology, nuclearweapons and material, implementation of so-called "catch-all" legislation,conventional arms transfers, law enforcement, customs and licensing.
In the late 1990s the Russian government achieved substantial progress in establishing the policy, legislative, and institutional basis for a system of effective Russian export controls. The Russians enacted tough new export control legislation, andadopted a U.S. game plan designed to cut off future contacts between Russian entities and Iran's WMD/missile programs. These controls were essential for Russia to be able to police its own industries, scientists, and engineers and to stem the flow of Russian technology and expertise. Russia enacted an export control law in 1999. This law authorizes control over the export of all items (commodities, software, and technology) on the lists of the four multilateral export control regimes and chemicals covered by the Chemical Weapons Convention. The law also provides authority to impose catch-all controls -- control over items that otherwise would not require an export license if the exporter knows or is informed by the government that the export will go to a weapons of mass destruction purpose.
Russia's current dual-use export control system continued to evolve since its beginnings in the early 1990s. By 2002 Russia was a member of the Wassenaar Arrangement, the Nuclear Suppliers Group, and the Missile Technology Control Regime. Russia was also a member of the Exporter's Committee (commonly called the Zangger Committee) under the Nuclear Nonproliferation Treaty. Russia was not a member of the Australia Group. Russia was a State Party to the Chemical Weapons Convention and the Biological Weapons Convention.
Russia has a series of Presidential decrees that implement this law. Generally speaking, there is at least one decree, with a corresponding list of controlled items, for each of the regimes. This system of multiple control lists is different from the system used by the United States and many of the other members of the multilateral export control regimes. The United States and the European Union have one unified control list of dual-use items (items that have civilian and military applications). Russia also has a form of catch-all controls that prohibits exports of uncontrolled items if the exporter knows they will be used for developing or operating weapons of mass destruction or missile delivery systems.
Russia's structure and process for implementing its dual-use export control system is as follows. The Export Control Department of the Ministry of Economic Development and Trade is the lead agency for the promulgation of regulations and the processing of export license applications. Once an application is filed, several ministries, including the Ministries of Foreign Affairs, Defense, and Atomic Energy, can recommend approval or denial. There is an interagency committee that reviews license applications. While there is no formal interagency dispute resolution process, a dissenting ministry can escalate its position to higher political levels.
Russian export control officials have put considerable effort into outreach to defense enterprises. In cooperation with the United States, the Russian government and a Russian nongovernment organization (the Center for Export Controls) have conducted outreach to more than 900 enterprises over the last several years. These outreach programs seek to inform exporters, or potential exporters, of their obligations under Russia's export control law and regulations. These outreach programs also introduce Russian enterprises to the concept of an internal control program.
Russia's export control system is enforced by a combination of the Customs Service, the intelligence service, and the federal prosecutors. Russia is in the process of establishing a specialized enforcement unit within the Ministry of Economic Development and Trade based on amendments to Russia's Administrative Code, which now authorizes civil enforcement actions and penalties for export control violations. Regarding Russia's enforcement of its own regulations, while Russia has not yet provided any documentation on the number or substance of enforcement cases, Russian officials have begun providing some information on enforcement cases. It is clear from a variety of sources, however, that there have been a number of exports from Russia that would appear to constitute violations of Russia's export control system.
In accordance with the President's Decree of the Russian Federation dated March 9, 2004. ? 314 "about system and structure of the federal organs of executive power" and dated May 20, 2004. ?649 "questions of the structure of the federal organs of executive power" state technical commission with the President of the Russian Federation is changed into the Federal Service for the technical and export control (FSTEK of Russia).
FSTEK of Russia is the federal organ of executive power, which accomplishes interbranch coordination and functional regulation of activity in the guarantee of protection (by [nekriptograficheskimi] methods) of the information, which contains the information, which compose state or official secret, from its leakage along the technical channels, from the unsanctioned access to it, from the special actions on the information and on the opposition to technical equipment of reconnaissance in the territory of the Russian Federation (further there is - the technical protection of information).
FSTEK of Russia and its control according to federal regions enter into the composition of the public organs of providing safety of the Russian Federation. Orders, regulations and indications FSTEK of Russia, published in the limits of its scope, are required for the performance by the apparatuses of the federal organs of power of the state and organs of the power of the state of the subjects of the Russian Federation, by the federal organs of executive power, by the organs of the executive power of the subjects of the Russian Federation, by the organs of local self-guidance, by enterprises, by establishments and by organizations.
By federal law dated June 29, 2004. ? of 58-[FZ] "about the introduction of changes in some legislative acts of the Russian Federation and the acknowledgement as those lost the force of some legislative acts of the Russian Federation in connection with the realization of measures for the improvement of state administration" are introduced the change: in the law of the Russian Federation dated July 23, 1993. ? of the 5485- I "about the state secret" and federal law dated July 4, 1996. ? of 85-[FZ] "about the participation in the international exchange of data carriers" in the part of the federal organ of executive power, authorized in the region opposition to technical reconnaissance and of technical protection of information; in the federal law dated July 18, 1999. ?183-[FZ] "about the export control" in the part of the specially authorized federal organ in the region of export of control.
By President's Decree of the Russian Federation dated July 28, 2004. ? 968 "about the director of the Federal Service for technical and export control" is assigned the director FSTEK of Russia. By President's Decree of the Russian Federation dated August 16, 2004. ? 1085 "questions of the Federal Service for technical and export control" is affirmed position about the Federal Service for technical and export control. By President's Decree of the Russian Federation dated August 27, 2004. ? 1130 "about the chairman of interdepartmental commission for the protection of state secret" the chairman of interdepartmental commission for the protection of state secret assigned the director of FSTEK of Russia.
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