Implementation of the process for provision of permits for exportation of dual-purpose goods under trade control and for transfer of controlled non-material values and transit transportation of dual-purpose goods through the territory of the Republic of Armenia

The principles of implementation of the state policy in the field of control over the exportation of dual-purpose goods, the transit transportation thereof through the territory of the Republic of Armenia, the transfer of dual-purpose information and products of intellectual activity, the rights and liabilities of exporters of dual-purpose goods,  the rights and liabilities of subjects transferring dual-purpose information and products of intellectual activity are regulated by the RA Law “On control over the exportation of dual-purpose goods, the transit transportation thereof through the territory of the Republic of Armenia, as well as the transfer of dual-purpose information and products of intellectual activity”, the RA Government Decree No.924-N dated July 1, 2010, and the RA Government Decree No.1785-N dated December 15, 2011.

The exportation of dual-purpose goods (any kind of property used for civilian purposes, which, in accordance with its nature and features, may also be used for military purposes, including creation of weapons of mass destruction and means for their transportation), and the transfer of controlled non-material values (information of any kind, product of intellectual activity, computer programs used for civilian purposes, which, in accordance with their nature, may also be used for military purposes, including creation of weapons of mass destruction and means for their transportation. A person shall be liable for the transfer of controlled non-material values through violation of the order prescribed by the given law only in the event if the person has realized or was obliged to realize that, in addition to civilian purposes, they may also be used for military purposes, including creation of weapons of mass destruction and means for their transportation) are executed based on one-time, individual, general permits issued by the authorized entity.

A one-time permit is issued to a natural person who is not considered a private entrepreneur and who submitted an application in accordance with the order prescribed by the given law and authorizes the latter to export one controlled product or transfer a controlled non-material value to one end-user. A one-time permit is issued for a period of one year, on the basis of which a person can carry out only one operation of exportation or transfer.

An individual permit is issued to a legal entity or a private entrepreneur who submitted an application in accordance with the order prescribed by the given law and authorizes the latter to export controlled goods or transfer controlled non-material values to one end-user. An individual permit is issued for a period of five years, or for a period matching the duration of the contract if the validity period of the contract certifying the transfer of controlled goods and controlled non-material values is less than five years, with no restriction of the activity for exportation or transfer, as well as no restriction on the number of exporting or transferring goods.

The general permit is issued to a legal entity or a private entrepreneur who submitted an application in accordance with the order prescribed by the given law and authorizes the latter to export controlled goods separated by commodity positions or transfer controlled non-material values to several declared end-users. The general permit is issued for a period of five years, or for a period matching the duration of the contract if the validity period of the contract certifying the transfer of controlled goods and controlled non-material values is less than five years, with no restriction of the activity for exportation or transfer, as well as no restriction on the number of exporting or transferring goods.

The person authorized to export and (or) transfer on the basis of permits after each operation of exportation or transfer is obliged to keep for the period of five years the list of exported goods and (or) transferred values, the invoice, and a relevant document certifying the fact of their delivery-acceptance. This requirement does not apply to persons leaving the territory of the Republic of Armenia for permanent residence elsewhere. Non-compliance with the requirement to keep the list of exported goods and (or) transferred values and a respective document certifying the fact of their delivery-acceptance entails liability in accordance with the order prescribed by law.

A state fee is charged for issuing individual and general permits at the rate defined by the RA Law “On the state duty”:

  • AMD30,000 for a general permit to be paid to the account 900005163648,
  • AMD30,000 for an individual permit to be paid to the account 900005163655.

Within 10 working days after performing the operation of exportation or transfer on the basis of the permits, the customs authorities shall submit information to the authorized entity on the codes of the exported goods and (or) transferred values, quantity, name of the exporter, location, and also, in the event of organizations and (or) private entrepreneurs, the state registration or state record-keeping number, the recipient country, and information on the recipient of the exported goods and (or) transferred value (the name of the foreign institution, organization, private entrepreneur and location or the name and surname of the foreign natural person and place of residence).

In order to receive a permit for exportation of controlled goods or transfer of controlled non-material values, the person exporting the mentioned goods and (or) transferring non-material values shall submit to the authorized entity the following documents:

1)      An application, where details related to the legal entity are provided: the name of the legal entity, its legal/formation status, the places of location and business operation, and details related to a private entrepreneur or a natural person are provided: the name and surname, the places of residence and business operation, as well as for the legal entity or private entrepreneur the requested type of permit and period, the state registration or record-keeping number,

2)      The end-user’s certificate compliant with the requirements of the law,

3)      The technical specification of to-be-exported controlled goods or to-be-transferred non-material values,

4)      A copy of the contract certifying the transfer of controlled goods and controlled non-material values,

5)      A written declaration of the exporting entity on belonging of the product, information, or product of intellectual activity to the list of controlled goods and controlled non-material values or an expertise report as prescribed by the RA Law “On evaluation of conformity”.

The decision to approve or refuse the exportation of controlled goods or the transfer of controlled non-material values shall be made within 20 working days after submission of the documents to the authorized entity. In the event a positive disposition is formed on issuing the permit, within seven working days the authorized entity shall send the application for receiving a permit and its accompanying documents, as well as its disposition to the Ministry of Foreign Affairs of the Republic of Armenia, the Ministry of Defense of the Republic of Armenia, the National Security Service under the Government of the Republic of Armenia, the State Revenue Committee under the Government of the Republic of Armenia, as well as, if necessary, to other interested state bodies. In case of disagreement with the interested state bodies or a negative opinion of any of them, the authorized entity shall submit the issue of granting the permit to the Prime Minister of the Republic of Armenia. In this case, the period for granting or rejecting a permit may be extended by five working days.

In the event of loss of or inability to use the document certifying the authorized permit, the person receiving the permit shall submit an application to the authorized entity paying the state fee prescribed for issuing a copy of the document certifying the permit. The authorized entity shall provide a copy of the document certifying the permit within three working days after the recipient of the permit submits the application and pays ​​the state fee defined by the RA Law “On the state duty” in the amount of five times the base fee.

The applicant may skip submitting to the authorized entity the document certifying the state fee payment. In the event of non-submission by the applicant of the document certifying the state fee payment, the authorized entity, after making a decision to satisfy the application for permit or application for provision of a copy of the document certifying the permission, shall verify the fact of the state fee being paid by the applicant in due time through the treasury’s online management system or the state electronic payment system and shall duly handover or send to the applicant the document certifying the permission, a copy of the document certifying the permission.

The grounds for rejection of the application are:

1)      the documents submitted by the exporting or transferring entity are incomplete,

2)      the documents submitted by the exporting or transferring entity are false,

3)      existence of contradictions between the intended activities for exportation or transfer and the objectives envisaged by Clause 5 of the law.

Within three working days after receiving the application, the authorized entity shall check the completeness of the documents, and in the event of incompleteness of the documents, shall duly inform the person submitting the application to settle within three working days the deficiencies indicated by the authorized entity. The process of consideration of the application by the authorized entity is suspended until the person submitting the application settles the deficiencies of the documents. In the event the application to receive a permit is rejected on the prescribed grounds or the person submitting the application does not settle the deficiencies of the submitted documents within the period specified herewith, the authorized entity, within two working days after making the decision to reject the application, shall duly inform the applicant and specify the rejection grounds.

The validity of a permission shall be suspended by the authorized entity, if such circumstances have emerged at the effect of which contradictions may arise between the exportation of controlled goods or the transfer of controlled non-material values and the objectives set forth in Clause 5 of the law. The authorized entity shall duly notify the exporting or transferring entity within two working days after making the decision to suspend the validity of the permit, as well as the decision on lifting the suspension. Suspension of the permit may not exceed 30 calendar days. In the event the exporting or transferring entity does not receive a notification on the termination of the permit after expiration of the specified term, the exporting or transferring entity resumes the right to continue exporting or transferring activities.

The authorized entity shall terminate the validity of the permit:

1)      based on the application of the exporting or transferring entity,

2)      in the event of liquidation or death of the exporting or transferring entity,

3)      if it turns out that the person submitted false or incomplete documents while receiving the permit,

4)      if the examination of circumstances considered as grounds for suspension reveals that there are contradictions between the exportation of controlled goods or transfer of controlled non-material values and the objectives set forth in Clause 5 of the law,

5)      if the exporting or transferring entity violates the requirements of the legal acts regulating the sector of trade control.

Within two working days after the suspension or termination of the permit enters into force, the authorized entity shall duly notify the exporting or transferring entity of the suspension or termination of the permit indicating the relevant grounds.

The transit transportation of controlled products through the territory of the Republic of Armenia is carried out on the basis of a prior notification on transit transportation. The notification shall be submitted to the authorized entity at least 25 working days before the planned date when the controlled goods will cross the customs border of the Republic of Armenia. The notification on transit transportation shall include the following information:

1)      the list of controlled goods subject to transportation,

2)      the means of transportation,

3)      names (titles) of the exporting, transporting, and importing entities,

4)      the route,

5)      the envisaged timeframe for transit transportation,

6)      the end-use purpose of the controlled goods subject to transportation.

The notice shall be accompanied by the copy of a relevant permission for exportation of controlled goods by the exporting country and the copy of the end-user’s certificate, if these documents are envisaged by exporting and importing countries.

Within three working days after receiving the notification, the authorized entity shall inform the Ministry of Foreign Affairs of the Republic of Armenia, the Ministry of Defense of the Republic of Armenia, the National Security Service under the Government of the Republic of Armenia, the State Revenue Committee under the Government of the Republic of Armenia, as well as, if necessary, other interested state bodies about the planned transit transportation by attaching defined information and documents.

In those cases, when the transit transportation of controlled goods contradicts the international obligations assumed by the Republic of Armenia or harms the national security interests of the Republic of Armenia, the authorized entity, within 20 working days after receiving the notification, shall inform the person executing the transit transportation and the customs authority and shall ban the transit transportation. The authorized entity, in case of its positive disposition, within 20 working days after receiving the notification, shall notify the person executing the transit transportation and the customs authority. In the event the notification is submitted to the authorized entity at least 25 working days before  the envisaged date of crossing the customs border of the Republic of Armenia, the authorized entity, within two working days, shall ban the transit transportation and inform the person executing the transit transportation by indicating the reason for banning.

In case of disagreement with the interested state bodies or a negative opinion of any of them, the authorized entity shall submit the issue of granting the permit to the Prime Minister of the Republic of Armenia. In this case, the timeframe for making a decision on approving or banning the transit transportation may be extended by five working days, of which the person executing the transit transportation is duly informed.

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