Notification is a notification from the manufacturer registered by the Federal Security Service of the Russian Federation about the technical and cryptographic characteristics of a product (product) that is (or contains) encryption (cryptographic) means.
In accordance with the provision on the import into the customs territory of the Eurasian Economic Union and the export from the customs territory of the Eurasian Economic Union of encryption (cryptographic) means (Appendix No. 9 to the Decision of the Board of the Eurasian Economic Commission dated April 21, 2015 No. 30), registration of notification is mandatory for products included in the List of categories of goods that are encryption (cryptographic) means or contain encryption (cryptographic) means, the technical and cryptographic characteristics of which are subject to notification:
- goods containing encryption (cryptographic) means;
- encryption (cryptographic) tools that are components of software operating systems;
- personal smart cards;
- receiving equipment for radio broadcasting, commercial television or similar commercial equipment;
- portable or mobile radio-electronic equipment for civil purposes;
- wireless electronic equipment;
- encryption (cryptographic) equipment specially designed and limited to banking or financial transactions;
- encryption (cryptographic) means used to protect technological channels of information and telecommunication systems and communication networks;
- etc.
A complete list of goods for which notification must be issued is provided in Appendix No. 4 to the Regulations on the import into the customs territory of the Eurasian Economic Union and export from the customs territory of the Eurasian Economic Union of encryption (cryptographic) means, which is available at the link.
Please note that in accordance with paragraph 4 of Appendix No. 2 to the Regulations on the import into the customs territory of the Eurasian Economic Union and export from the customs territory of the Eurasian Economic Union of encryption (cryptographic) means:
The notification may contain information about one type of product or a group of similar products containing identical encryption (cryptographic) means (functionally complete products), implementing the same cryptographic algorithm, having the same maximum permissible length of the working cryptographic key, the same a set of functionality that, when given the same cryptographic key and the same input sequence, produces the same output sequence).
Information about all registered notifications is entered into the official register of notifications about the characteristics of encryption (cryptographic) means and goods containing them and is available via this link.
List of documents required to issue a certificate of product compliance with fire safety requirements :
- statement ();
- requisites.
What products can have encryption function?
The inclusion of goods in the list of encryption tools is regulated by section 2.19 to Decision No. 30 of the EEC Board. When checking products, special attention is paid to their technical characteristics. The equipment may support encryption in the following situations:
- operates using wireless communication channels Bluetooth, Wi-Fi, GSM, as well as other radio communication standards;
- applies special access restriction protocols, as well as secure login algorithms;
- operates using operating systems, which include Apple software products, as well as Windows and Android OS;
- The equipment, with its technical capabilities, ensures the formation of encryption keys, as well as the protection of personal data.
Additionally, the category of products that support encryption includes wireless monitors, USB flash drives and some other components.
What is notification?
In practice, notification is a document drawn up in accordance with the regulations, which contains the exact encryption and some other product specifications. In Russia, responsibilities for issuing notifications are assigned to the FSB.
The notification form of the appropriate sample must be filled out by the product manufacturer or his authorized representative. In most situations, the document is signed and executed by the importer in Russia using a pre-issued power of attorney. Additionally, a special electronic copy must be transferred to the FSB authorities. The procedure for reviewing and registering a document takes up to 10 working days, and may increase in exceptional cases.
What difficulties may arise when resubmitting the Notification?
If all errors and inconsistencies in the documents have not been corrected, there is a risk of being rejected again. Repeated refusals of registration can significantly delay customs clearance and delivery of goods, which is fraught with serious financial losses.
If the description and/or cryptographic characteristics are significantly adjusted, the FSB may doubt their reliability and initiate additional verification. Such a check can be carried out by the TsLSZ employees themselves, or additional information can be requested from the applicant (documentation for the product, instructions, etc.). To confirm information, you may need to provide an official legalized letter from the manufacturer of the product. All this in practice is extremely undesirable, since the entire process of obtaining Notification becomes much more complicated and the processing time increases significantly.
When re-submitting a Notification for technically complex goods, the FSB, as a result of a more thorough check, may come to the conclusion that the goods are subject to licensing, which in most cases leads to the impossibility of exporting or importing them.
Reasons for re-registration
The main situations in which a new notification is required include:
Notification has expired
Despite the fact that the validity period in the notification is usually chosen with a reserve and is at least several years (5-10), deliveries of goods may be relevant even after its expiration. In addition, if the equipment contains individual components for which there are already registered notifications, the validity period will also be limited to the validity period of these notifications.
The manufacturer of the product has changed
The notification is only valid for one manufacturer. If products can be produced by several manufacturers, then several notifications are issued - one document on behalf of each manufacturer.
Equipment characteristics have changed
By signing the notification, the applicant guarantees that the specified information is reliable and will not change during the specified validity period. If the characteristics of the product change, in particular the cryptographic functions and algorithms performed, the notification is considered invalid and subject to cancellation.
The product name or model has changed
If the system of product names or the codification of models changes, in particular, changes in articles, series, batch numbers and other commercial information, the import of new models under the current notification becomes impossible, and a new document must be drawn up.
However, cancellation in this case is not mandatory: a situation often arises when a new notification is issued for the current item, and the importer simply stops using the previous document.
Once again we would like to draw your attention to the fact that the requirements of the registration authorities (FSB) change every year, as a rule, in the direction of tightening.
Simply amending the old notification form and resubmitting may not be enough to successfully register.
Contact us - we will analyze your situation and documents for compliance with current requirements and help you re-issue the notification as soon as possible!
How can IFCG help?
Compiling a set of documents and registering a Notification is not an easy task. After a refusal it is doubly difficult.
But we are not afraid to work with failures, unlike many of our competitors. On the contrary, complex cases and complex products are our specialty.
We have been registering notifications for more than 10 years - since the inception of the procedure itself.
Many years of experience give us advantages: having seen the official refusal and the submitted set of documents, we can quickly find all the errors that caused the refusal of registration.
We work competently and as honestly as possible: we will do everything possible to ensure that the Notification is registered.
At the same time, if it is impossible to register a Notification (the product is licensed, does not contain encryption or is not included in list 2.19), we will not mislead you and the authorized body. We will offer you alternative solutions to the problem.
If the goods do not require Notification, we, as a customs expert, will help justify this during customs clearance.
The order of our interaction
Send us the official response from TsLSZ FSB and previously submitted documents
We will analyze the information and make sure that the product has encryption functions, falls into Section 2.19 and can be issued a Notification
We will provide you with our expert opinion on the chances of successful registration.
Based on an analysis of the characteristics of the product, our specialists will correct the mistakes made and draw up a set of documents, taking into account all the nuances and requirements of the TsLSZ FSB that are currently in force
License of the Ministry of Industry and Trade and its varieties
The licensing process of the Ministry of Industry and Trade and further obtaining a permit Notification from the FSB is possible only after the examination and the necessary list of test manipulations of one sample from the number of tested encryption tools have been completed in the territory of a special laboratory.
As for the main procedure for registering a License of the Ministry of Industry and Trade, it strictly complies with the Administrative Regulations of the FSB. Since this body is authorized to carry out recognition and verification activities.
It is the Ministry of Industry and Trade that makes the conclusion at the final stage of the FSB notification on registration of the permit on the official website of the license register.
This kind of permit provides an entrepreneur with a unique opportunity not only to import and export encryption products into and out of the territory of the Customs Union countries, but also to distribute them freely.
Licensing Information
The validity period and status of such licensing can be of several types:
- A general license is issued directly with the permission of the government of the country and is valid for no more than a year. It provides its owner with the opportunity to import and export cryptographic goods into the territory of the Customs Union and beyond.
- An exclusive license is allowed to be issued only by a special FSB Notification Commission. Moreover, both its validity period and the category of goods, taking into account the total volume, are regulated by this state community.
- A one-time license , like a general license, cannot be valid for more than one year. But it is strictly regulated for a one-time contract for the import or export of a batch of cryptographic goods into the territory of the Customs Union.
Notification for goods may be necessary when concluding a supply contract under EXW INCOTERMS 2010. Knowing the delivery basis of this term will help to obtain the planned profit from the transaction. In addition, this type of permits for a certain type of product is required when delivering goods under CIP INCOTERMS 2010 link. On the pages of our website you will find a “decoding” and practical advice on the use of INCOTERMS 2010 terms.
