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NATIONAL NORMATIVE-LEGAL BASE, PROVIDING THE IMPLEMENTATION OF THE INTERNATIONAL COMMITMENTS OF RUSSIAN FEDERATION FOR EXPORT CONTROL OF BIOLOGICAL PROFILE PRODUCE OF DUAL-USE

L.M. Korotkin

JSC "Biopreparat"

Despite that in modern world the right of force threatens to be a dominant of world policy in XXI century, multilateral commitments and agreements, as before along with the other deterrent factors of armaments race, reserve the value as a guarantee for the safety and the provision of peace and order. However, before the establishment of the system on International agreements for non-proliferation of mass-destruction weapons (MDW), that have been stated in the treaties and provided comparatively high level of strategic stability, the opposing sides (USSR and USA) had passed through a series of cruel crises, that brought them to a brink of a catastrophe. And only after hard and prolonged negotiations, as a result of "realization" of the consequences of MDW application, main International treaties have been signed in the field of non-proliferation of mass destruction weapons and means of their delivery.

Treaty of nuclear weapons non-proliferation.

Convention prohibiting the development, production and accumulation of the stocks for bacteriological (biological) and toxin weapon and about its destruction.

Convention prohibiting the development, accumulation and application of chemical weapons and about its destruction.

In the present publication we consider the points of modern state of national normative-legal base and of the system of export control, providing the implementation by RF the provisions of the Convention banning biological and toxin weapons, and also of the other International commitments on the problem of non-proliferation of biological profile produce of dual-use.

The first legislative document, adopted by International Community for the prevention of the threat to widen the sphere of application of chemical and bacteriological weapon was Geneva protocol of 1925 about the prohibition of the application in war the asphyxiating , toxic and other similar gases or bacteriological means. The protocol was signed in Geneva on June, 17, 1925, put in force on February, 8, 1928. At that time it was one of the most important multilateral agreements, concerning bacteriological and chemical weapon. Protocol banned the application of bacteriological (biological) methods in military operations and chemical weapon, but it did not prohibit its development.

The second fundamental document in this field is Convention banning the development, production and accumulation of the stocks of bacteriological (biological) and toxin weapons and about its destruction. Convention was signed by USSR on April, 10, 1972, ratified on February, 11, 1975, put in force on March, 26, 1975. The shortcoming of Convention is the absence of the statement about the control check-up for its observance, and also only limiting instructions with respect to the suspecting violation.

Ban on the development, production and storage of chemical and bacteriological (biological) weapons, and of means for its delivery has resulted in the closing of these researches in the majority of countries in the world, or at least, to the sharp reduction of their volumes and paces.

In 5 years after putting the Convention in force, at the first conference on the consideration of the Convention effect ( it was held) on March, 3, 1980 at Geneva) the President of the conference in his conclusive word noted: " The conference has proved once more the importance and the validity of the Convention as the first real enactment on the disarmament".

Later on, beginning from 1981, in every five years (in 1986, 1991, 1996) in Geneva the conferences were held on the consideration of the state and progress within this treaty. At the present time, despite some contradictions existing that makes difficult to achieve consensus, the process of negotiations with respect to the strengthening of this International regime has been continuing.

Decree of the President of Russian federation issued on April, 11, 1992 N 390 "About the provision of the implementation of International Commitments in the field of biological weapon" has confirmed the continuity of rights for Russian Federation with respect to the commitments of USSR on Convention and established the non-admission for the violation of the Convention statements on the territory of Russia.

In addition to the Article III of the Convention many states, including Russian Federation, have put into effect the systems of national export control.

In Russia this system comprises a complex of measures, that provides the realization of the order, established by Federal law and other normative legal acts of RF, for foreign-economic activity in relation to the goods, information, works, services, intellectual property, that could be used in the development of mass-destruction weapons, means of its delivery, other types of armament and military technique.

Works on export control have been performed within the limits of the International regimes of export control, that did not directed against some or the other State or the group of States and did not hamper legal civil trade operations; these works also should not block the right of the States to acquire legal means of self-defense according to the article 51 of OON Ustav.

Now in Russia 4 International regimes on non-proliferation of mass-destruction weapon are currently in force:

  1. Group of nuclear suppliers (GNS).
  2. Regime for the control of rocket technology (RCRT).
  3. Wassenaar agreements on export control of usual armaments, goods and technologies of dual use.
  4. Australian group- control for the non-proliferation of chemical and bacteriological weapons.

Russia is the member of the first three regimes, but not yet a member of Australian group, nevertheless, Russia has signed and ratified Conventions banning chemical and bacteriological weapons.

Australian group - is non-official association of the counties, that as the addition to their commitments within the Convention, perform consultations and harmonize their national measures of export licensing on the points of chemical and bacteriological weapons. Activity of the participants of this group are aimed to the prevention of any inadvertent participation of their industrial or research institutions in the programs of CWA and BWA development. Now in the group there are 33 States of Europe, Asian-Pacific region, European Community and both America.

On the last annual meeting at Paris (June, 2-5, 2003) the members of the group have outlined, that in the present time the problem of the prevention for the proliferation of chemical and bacteriological materials is of especial importance as never before for 18-th year- history of the group existence. Efforts of terrorists aimed to the possession of chemical and bacteriological weapons were assessed as a significant threat and a supplement to the concern of the available programs developing the weapons of mass destruction in some countries.

Members of Australian group have proposed to add the Control List with 14 pathogenic organisms for humans, and with 2 pathogens of animals. Obviously, in the nearest time, the supplements indicated above will be introduced into Control List of pathogens, effecting in Russian Federation.

In Russia, in the State regulation of the export of biological profile produce of dual- use the following institutions are engaged: Federal organs of executive authorities and different ministries and departments ( Ministry of Economic Development, Ministry of Science and Industry, Ministry of Foreign Affairs, Ministry of Justice, etc.). Interdepartmental character of works on export control allows to provide a balance of State interests at making the decisions.

Main statements of Convention in Russia have been consolidated by a packet of normative legal acts, specifying and developing the Convention. The following legislative and normative-legal acts are currently in force in the field of export control for biological profile produce of dual- purpose:

  1. Federal law of Russian Federation "About export control", issued on July,19, 1999 N183-FZ;
  2. Decree of the President of RF, issued on August, 8, 2001 N1004 "About the approval of the list of pathogens for humans, animals and plants, genetically modified microorganisms, toxins, equipment and technologies, that should subject to export control;
  3. Decree of the Government, RF, issued on August, 29, 2001 N 634 "About the control f foreign trade activity in respect to pathogens of humans, animals and plants, genetically modified microorganisms, toxins, equipment and technologies"
  4. Criminal Code of Russian Federation (Federal law of Russian Federation, issued on June, 13, 1996 N63-FZ, article 188, part 2, page 189);
  5. Code of Russian Federation about administrative infringements (Federal law issued on December, 30,2001 N 195-FZ, article 14, 20)
  6. Customs code of Russian Federation (Federal law issued on May, 28, 2003 N61-FZ, article 13)

Besides in Russia are currently in force 104 departmental normative documents on the points of export control, of them 28 documents regulate the control for export of biological profile produce of dual-use.

Separate provisions of the Rules of state regulation for foreign trade activity with the produce of biological produce, stipulated by the laws and normative legal acts, introduced in the last years, significantly differ from those being in force earlier. Thus, new edition of the List includes the technologies of the produce under control, as well as in the form of technical data, and also in the form of technical assistance. Besides the procedures on the export abroad of the goods and technologies under control, the licensing should be accomplished for their transfer to foreign persons on the territory of Russian Federation.

Export control spreads to the transfer of the technologies in intangible form: by electronic mail, in the process of training and presentations at International scientific conferences.

Following the International obligations of Convention, in May, 2002 Russia has introduced in Criminal Code of RF a series of amendments and additions, that make the responsibility for the following infringements more severe:

  1. transition of materials and equipment, that could be used in the development of MDW , through customs of Russian Federation (article 188, CC RF);
  2. illegal export or transfer to foreign persons of raw materials, materials, equipment, technologies, R&D information, rendering services, that could be used at the creation of mass destruction weapons and in respect of those export control was established (article 189, CC RF).

Depending on the heaviness of illegal acts performed in this sphere, Criminal Code of RF foresees the punishment in the form of penal sanctions and /or the ban for the definite activity, and as well imprisonment.

Violation of the legislation of Russian Federation in the field of export control foresees the following responsibility:

In order to protect national interests and to perform International obligations of Russian Federation, interdictions and limitations can be set up (Federal Law of July, 1999 N183-FZ, article 21, 25) to foreign economic activity with biological produce, that should be subjected to export control. These interdictions and limitations can be set up in respect to:

The above mentioned measures, concerning the control of export of biological produce of dual -use is an integral part of the complex of measures undertaken by Russian Federation with the aim of the accomplishment of International obligations on the Convention and other International regimes, that limit the proliferation of mass destruction weapons.

To Russian institutions who violated International obligations of Russian federation in the field of export control, economic sanctions can be applied from the other states- participants of the International regimes.

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Proceedings of First Russian Workshop on Biological Security
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