1.10. Agreement on Import Licensing Procedures

We thought it would be easy. How wrong we were.

A license is a document that gives you the legal right to do what you want without others bothering you. But to get it, you need to walk through boiling lava, survive the Ganges River, crawl across the Sahara Desert and climb Everest. Well, or pay a lot of money to other people.

Licensing applies to many areas, especially if they are related to human health and the safety of others in general. Let's look at several popular activities where you can't take a step without permission.

All licenses listed in the article can be issued using the State Services portal.

Liquor license

Without an alcohol license, legal entities can only sell beer, cider, mead and poiret. If you have something stronger and the colored permitting paper is not hanging on the wall, you will face large fines up to 3,000,000 rubles.

In principle, there is no point in obtaining a license for an individual entrepreneur, since even with it it is impossible to sell anything other than beer and beer drinks. There is an exception, but it is available only to rural and peasant farms that produce and sell wine.

The cost of a liquor license varies greatly depending on what you do with the alcohol: produce, store, supply or sell. The type of drink, or rather the percentage of alcohol in it, also matters.

If the issuance of an alcohol license is refused, the state duty will not be returned, and 65,000 rubles, 800,000 rubles, or even 9,500,000 rubles will be taken out of your pocket irrevocably. Therefore, it is important to prepare all documents according to the rules, and most importantly, to obtain a clean certificate on the status of payments for taxes, fees, penalties and fines. There shouldn't be any debt. Even pennies.

Checklist “How to obtain a license for alcohol: catering.”

Checklist “How to obtain a license for alcohol: retail.”

Even if all the copper pipes have passed through and received a license, but have not connected to the Unified State Automated Information System, selling alcohol is still prohibited. Without connecting to the system, a legal entity can be fined 200,000 rubles. And all alcohol will be confiscated

Why is a license from the Ministry of Industry and Trade required?

A license from the Ministry of Industry and Trade is required if the company’s activities involve the import or export of certain categories of goods outside the Customs Union. In 2010, legislative changes were made to the rules for the import and export of radio electronics, precursors and high-frequency devices for civilian use. This applies to most wireless radio-electronic devices that are stand-alone or constitute an integral part of complex equipment, regardless of its functional purpose. The full range of products and devices, the free import and export of which is prohibited, is presented in paragraph 2.12 and paragraph 2.16 of the Unified List of Goods. To import and export these products, appropriate licenses from the Ministry of Industry and Trade are required. Our certification center is ready to offer its services to clients interested in obtaining a license from the Ministry of Industry and Trade. The Ministry of Industry and Trade of the Russian Federation (Ministry of Industry and Trade of the Russian Federation) is a federal executive body that oversees issues of state regulation of foreign trade activities, and also carries out legal regulation in the industrial and technical sectors.

The state fee for issuing a license is 7,500 rubles. The period for obtaining a license from the Ministry of Industry and Trade takes 10 working days. A one-time license from the Ministry of Industry and Trade is issued for a period of one year.

License to transport passengers by road

Has transporting friends and relatives grown from a personal initiative into a forced hobby? Are you thinking that it’s time to take money for it? To drive a passenger car, you do not need a license (only a permit). But to transport passengers in a minivan or bus, a license is required.

Checklist “How to obtain a license to transport passengers by road.”

The state license fee is paid once for all buses; you do not need to pay for each one separately. It is the future license holder, but not necessarily the driver, who must pay for it.

Buses whose details are not included in the license register are prohibited from being used.

A bus is excluded from the register when:

• the licensee submits an application for exclusion;
• the rental/leasing agreement has expired.

Deadlines for making a decision on exclusion:

— 3 working days upon submission of an application by the licensee;

— 1 business day from the date of expiration of the lease agreement. The exclusion is automatic; the licensee is not notified of the procedure.

Exclusion from the register is not subject to state duty.

Information on licensing activities of the FSTEC of Russia in the field of export control

Foreign economic transactions with controlled goods and technologies, providing for their transfer to foreign persons, are carried out on the basis of one-time or general licenses issued by the FSTEC of Russia. Foreign economic operations mean export and import, as well as other forms of transfer (international exchange) of controlled products, carried out on the basis of agreements (contracts, agreements) concluded between Russian and foreign persons.

A license is an official document that authorizes the applicant to carry out foreign economic transactions with controlled products under the terms of the license for a specified period.

The license is used by its legal owner only to carry out those foreign economic transactions with controlled products for which such a license was issued.

A one-time license is issued to carry out foreign economic transactions with specific controlled products under one agreement (contract, agreement) indicating its quantity, country of end use, seller (sender) and buyer (recipient).

The basis for issuing a one-time license is the conclusion of a state examination of a foreign economic transaction carried out by the licensing authority in the prescribed manner.

The validity period of a one-time license is established based on the conditions and circumstances of foreign economic transactions, but not more than one year from the date of granting the license.

The requirements for carrying out foreign economic transactions are set out in the Regulations on licensing foreign economic transactions with goods, information, work, services, results of intellectual activity (rights to them), in respect of which export control has been established, approved by Decree of the Government of the Russian Federation dated September 15, 2008 N 691, and in the Regulations on the implementation of control over foreign economic activity, approved by the relevant resolutions of the Government of the Russian Federation (for each of the six control Lists)[1].

To obtain a license, the applicant submits to the licensing authority (FSTEC of Russia):

application for a license in the prescribed form;

a document containing accurate information about the controlled product with the attachment (if necessary) of copies of documents confirming its technical characteristics and scope of application;

a document confirming payment of a fee for consideration of an application for a license.

The following must be attached to the application for a one-time license:

1) a covering letter indicating:

taxpayer identification number, full name of the applicant and his location;

the main state registration number of an entry about a legal entity in the Unified State Register of Legal Entities (for a legal entity) or the main state registration number of an entry about an individual entrepreneur in the Unified State Register of Individual Entrepreneurs (for an individual entrepreneur);

details of the document confirming the submission to the Federal Service for Intellectual Property of documents (copies of documents) necessary to resolve issues of legal protection of the results of intellectual activity used in the creation of listed products, the rights to which belong to the state, in the case of a foreign economic transaction involving the transfer of listed products to a foreign person;

details of a document confirming the availability of a license for activities related to the circulation (use) of listed products provided to its recipient (consumer) - in the case of a foreign economic transaction involving the import of listed products into the Russian Federation, the licensing of activities for the circulation (use) of which is provided for by law Russian Federation;

details of the document confirming the fact of payment of the state fee for the provision of the license;

2) a copy of the identity document of an individual who is not an individual entrepreneur, and a document containing information about his place of work and position;

3) a document containing accurate information about the listed products with attached copies of documents confirming their technical characteristics and scope of application;

4) a copy of the agreement (contract, agreement) with a foreign customer (supplier) with all attachments, drawn up in accordance with the legislation of the Russian Federation in the field of export control, or another document confirming the intentions of the parties (indicating the date of issue of the copy of the agreement and the location of its original );

5) a document containing data on whether the listed product is a carrier of information constituting a state secret - in case of transfer of the product (disclosure of technology) to a foreign person.

In addition to the specified documents (copies of documents), the applicant submits:

a) when carrying out foreign economic transactions involving the transfer of goods or technology to a foreign person in the form of technical data:

a copy of the agreement between the applicant and the manufacturer (owner) of the goods or the developer (owner) of the technology, if the applicant is not their manufacturer (owner) or developer (owner), respectively;

obligations of the foreign recipient (end user) regarding the use of controlled products, provided for by the legislation of the Russian Federation in the field of export control;

a document from the authorized government body of the country of final use of the controlled products, confirming the obligations of the foreign recipient (end user) regarding the use of the received products - in cases determined by the legislation of the Russian Federation in the field of export control;

a copy of the document confirming ownership of nuclear material - if the subject of a foreign economic transaction is nuclear material;

b) when carrying out foreign economic transactions involving the transfer (disclosure) of controlled technology to a foreign entity in the form of technical assistance, including through training, announcement at conferences, symposiums and other events, or the provision of consulting and other technical services:

materials revealing the nature and content of the technology;

information about the method, place and expected time of transfer (disclosure) of technology;

c) when carrying out foreign economic transactions involving the import of controlled products into the Russian Federation:

a copy of the agreement between the buyer and the consumer of controlled products, if the buyer is an intermediary.

To consider the issue of issuing a license, the applicant on his own initiative shall submit:

extract from the Unified State Register of Legal Entities - a legal entity;

an extract from the Unified State Register of Individual Entrepreneurs - an individual entrepreneur;

a copy of the license to carry out activities related to the circulation (use) of controlled products imported into the Russian Federation, provided to its recipient (consumer), - if the licensing of such activities is provided for by the legislation of the Russian Federation;

a copy of a document confirming the submission to the Federal Service for Intellectual Property of documents (copies of documents) necessary to resolve issues of legal protection of the results of intellectual activity used in the creation of controlled products transferred to a foreign person, the rights to which belong to the state.

If the specified documents are not submitted by the applicant on his own initiative, the FSTEC of Russia independently requests the information contained in the specified documents, in particular, using a unified system of interdepartmental electronic interaction in state bodies, local government bodies or organizations subordinate to state bodies or local government bodies, participating in the provision of state and municipal services, at whose disposal the relevant information is located.

The submitted documents must be properly executed:

The application for a license is signed by the applicant (for a legal entity - by the head of the organization or his authorized person).

Changes to the application, as well as erasures and corrections are not allowed.

Documents (copies of documents) submitted to obtain a license are certified by the signature and seal (if any) of the applicant.

Documents (copies of documents) in foreign languages ​​are submitted accompanied by duly certified translations into Russian.

Each document (copy of a document), consisting of two or more sheets, is stitched and numbered, about which a certification note is made on the back of the last sheet.

FSTEC of Russia registers the submitted documents and, within 3 working days, checks the correctness of their execution and compliance with established requirements, as well as the completeness and reliability of the information contained in them.

Submitted documents (copies of documents), if they do not meet the established requirements for their completeness, content or design, are returned for revision. If inaccuracies or contradictions are identified in the submitted documents (copies of documents), in case of their inconsistency, FSTEC of Russia has the right to request additional documents or copies thereof. The applicant is liable for providing false information in accordance with the legislation of the Russian Federation.

FSTEC of Russia has the right to refuse to issue a license on the following grounds:

incorrect execution of an application for a license;

non-compliance of the documents (copies of documents) submitted by the applicant with the established requirements;

the presence in the documents (copies of documents) submitted by the applicant of incomplete or unreliable information;

negative conclusion of the state examination of a foreign economic transaction;

carrying out a foreign economic transaction under conditions under which damage is caused or there is a threat of damage to the interests of the Russian Federation or its international obligations in the field of non-proliferation of weapons of mass destruction, their means of delivery, as well as in the field of export control are violated;

violation of the rights of the Russian Federation to the results of intellectual activity obtained at the expense of the federal budget or with their involvement, including in the identification, consolidation of these rights or their use, implemented during the development and (or) production of controlled products transferred to a foreign person;

failure to provide 2 or more times information on the execution of licenses within the established time limits;

application of special economic measures in the form of prohibitions and restrictions on the implementation of foreign economic transactions provided for by the legislation of the Russian Federation, if the foreign economic transaction is subject to such measures;

a decision of the Government of the Russian Federation that has entered into force to deprive the applicant of the right to engage in certain types of foreign economic activity if the effect of such a decision extends to foreign economic operations for which a license is requested;

the recipient (consumer) of controlled products imported into the Russian Federation does not have a license to carry out activities related to their circulation (use) - if the licensing of such activities is provided for by the legislation of the Russian Federation.

The decision to issue or refuse to issue a one-time license is made based on the results of the state examination of a foreign economic transaction conducted by the FSTEC of Russia jointly with other interested federal executive authorities, as a rule, within a period not exceeding 12 working days from the date of receipt of the full set of correctly executed documents.

The license is issued no later than one working day following the day the relevant decision is made, subject to the payment by the applicant of the state fee for issuing (providing) the license.

A notice of refusal to issue a license is sent (handed) to the applicant in writing, indicating the reasons for the refusal.

The validity period of a one-time license may be extended for the period necessary for a foreign trade participant to complete its obligations under a foreign economic transaction, but not more than for one calendar year.

The license is issued to the applicant in one copy and is not transferable to other persons. Changes to the license are not permitted, with the exception of extending the license term.

Extension of the validity period of a one-time license is carried out on the basis of a motivated written request from the license holder submitted to the FSTEC of Russia no later than 5 days before the expiration of the license.

Extension of the validity period of a one-time license is carried out by the FSTEC of Russia within 3 working days from the date of registration of the corresponding application and is issued in the form of letters from the FSTEC of Russia to the license holder and to the customs authority of the Russian Federation, to which the original license was submitted. These letters are an integral part of the license.

Licenses that have expired cannot be renewed.

FSTEC of Russia has the right to suspend a license or cancel it (with the exception of a general license).

The grounds for suspension of a license are:

introduction of bans and restrictions on foreign trade activities in accordance with international treaties and legislation of the Russian Federation;

violation by the owner of the license of the terms of its validity.

The grounds for revocation of a license are:

application of the license owner for its cancellation;

liquidation of a legal entity to which a license has been granted, or termination by an individual holding a license of activities as an individual entrepreneur;

detection during the validity period of the license of inaccurate information in the documents submitted to obtain a license;

failure by the license holder to comply within the established period with the decision of the licensing authority to eliminate the identified violation of the conditions of its validity;

loss of license.

The issuance of a new license to replace the lost one is carried out by the FSTEC of Russia within 10 days based on a corresponding application from the license holder.

The original license for carrying out foreign economic operations related to the movement of controlled products across the customs border of the Russian Federation, and its copies certified by the owner, are provided to the customs authorities of the Russian Federation in the manner established by the Federal Customs Service.

To maintain statistical records and analyze foreign trade activities in relation to controlled products, license holders send information on the execution of the licenses they have received to the FSTEC of Russia.

Information on the execution of a one-time license is submitted within 15 days after the expiration of its validity period. Information on the execution of the license on the basis of which customs clearance of controlled products was carried out is provided with copies of cargo customs declarations attached.

Decisions and actions of the FSTEC of Russia related to the provision of licenses can be appealed in accordance with the legislation of the Russian Federation.

For information: the EAEU HS Commodity Codes given in licenses are for informational purposes only and are not mandatory for use for customs purposes.

For the issuance (provision), registration of a license, renewal of a license and extension of the validity period of a license, a state fee is paid in accordance with subparagraph 92 of paragraph 1 of Article 333.33 of the Tax Code of the Russian Federation in the amount of:

for providing a license - 7,500 rubles;

for re-issuance of a document confirming the presence of a license - 750 rubles;

for extending the license validity period - 750 rubles.

Bank details for payment of state duty are posted on the official website of the FSTEC of Russia.

For granting a permit for temporary export or permission to export products subject to comprehensive control, no state duty or other fee is charged.

[1] DN - Decree of the Government of the Russian Federation dated 06/07/2001 N 447

RO - Decree of the Government of the Russian Federation dated April 16, 2001 N 296

Nuclear weapons - Decree of the Government of the Russian Federation dated June 14, 2001 N 462

BO - Decree of the Government of the Russian Federation dated August 29, 2001 N 634

HO - Decree of the Government of the Russian Federation dated September 24, 2001 N 686

IP - Decree of the Government of the Russian Federation dated December 15, 2000 N 973

License for educational activities

Everyone can gnaw on the granite of science, but not everyone can teach it. To bring the light of knowledge to the masses, you need to be brave, persistent and selfless, because collecting a heap of documents is very nerve-wracking and wrinkle-inducing.

Educational activities are included in the list of licensed activities, according to Article 12 of the Federal Law “On Licensing of Certain Types of Activities”. Moreover, this does not apply to innovative educational organizations. The law also stipulates the indefinite validity of the license.

Checklist “How to obtain a license for educational activities.”

As you may have noticed, the list contains documents for training future pharmacists, detectives, private security guards, religious ministers and even those close to state secrets.

Organizations providing educational services usually do not hide their licenses. On the contrary, they try to talk about when and why the permit was received. And if a scan of the license is missing, then write the number. You can check current licenses on the Rospotrebnadzor website.

What is the cost of a one-time FSTEC license?

• Conclusion of FSTEC
• KEC permission: export
• KEK permit: export
• Excont

Find 2 minutes of free time, call us and ask all your questions. We will be happy to help you!

Licensing of production of medicines for medical use

The production of medicines is an important and responsible matter: incorrect composition, violation of sanitary rules, improper packaging and insufficiently qualified personnel can lead to fatal consequences.

Licensing is carried out by the Ministry of Industry and Trade of Russia.

Checklist “How to obtain a license to produce medicines for medical use.”

It seems that the procedure is even simpler than licensing educational services.

The production of medicines can easily be classified as a scientific activity, which means there is a chance to be included in the list of Skolkovo participants. In a recent article they wrote about what benefits Skolkovo residents have - we advise you to read them. Suddenly you decide to make a significant contribution to science and at the same time save on taxes.