CC BY
7УДК 339.5
DOI 10.24412/cl-36450-2022-3-39-43
Э. А. ГОРОБЕЦ
Анализ применения мер экспортного контроля в Российской Федерации
В статье рассматривается применение мер экспортного контроля в Российской Федерации, проанализирована эффективность применения мер экспортного контроля в Российской Федерации, представлены теоретические основы исследования экспортного контроля как нетарифной меры регулирования внешней торговли, выделены показатели эффективности экспортного контроля.
Ключевые слова: экспортный контроль, меры экспортного контроля, экспорт, товары двойного назначения, вооружение, военная техника, проверки, внешнеторговая деятельность.
E. A. GOROBETS
Analysis of the Application of Export Control Measures in the Russian Federation
The article discusses the application of export control measures in the Russian Federation, analyzes the effectiveness of the application of export control measures in the Russian Federation, the theoretical foundations of the study of export control as a non-tariff measure of foreign trade regulation are presented, indicators of the effectiveness of export control are highlighted.
Keywords: export control, export control measures, export, dual-use goods, weapons, military equipment, inspections, foreign trade activities.
At the moment, there is a certain group of goods in world trade, on exportimport operations with which measures of prohibitions and restrictions are imposed, designed to protect the economic, political, and social interests of countries. Export control allows to ensure the implementation of the regulation of foreign economic activity.
The issues of studying the application and analysis of the export control are especially relevant in the modern world.
When a country implements foreign economic activity (hereinafter - FEA) related to items, services, technologies and knowledge, the results of trade can be used to create WMO and to aggravate tensions and conflict situations both in and between countries. All this predetermines the importance and relevance of the study of export control,
ГОРОБЕЦ Эллина Альбертовна, студент факультета таможенного дела Владивостокского филиала Российской таможенной академии.
Научный руководитель - Прозорская Яна Юрьевна, старший преподаватель кафедры иностранных языков Владивостокского филиала Российской таможенной академии.
namely, its essence, features of application and analysis of the effectiveness of its application in Russia.
The goal investigation is to study export control as one of the elements of the system of prohibitions and restrictions on foreign trade of items.
Goods subject to export control are established by international legal acts, such as the Treaty on the Nonproliferation of Nuclear Weapons, the Wassenaar Arrangement and other agreements and conventions that define controlled goods in the form of: raw materials, materials, works, services and other objects that may be used in the creation of weapons of mass destruction, their means of delivery and other types of weapons. The role of export control is contained in international agreements aimed at countering international terrorism by preventing the uncontrolled spread of these objects across the borders of states. [2, p. 102].
As for the Russian Federation, the main document establishing the legal basis for the organization of export control and regulating the rights and obligations of participants in foreign economic activity is the Federal Law "About Export Control" [1].
Export control is a package of measures, providing realization established by Federal Law, other Federal Laws and other regulatory legal acts of the Russian Federation of procedure of foreign economic activity concerning goods, information, works, services, results of intellectual activities (the rights to them) which can be used during creation of weapons of mass destruction, means of its delivery, other types of arms and military equipment or by preparation and (or) making of acts of terrorism [1]. Based on this, two independent groups of export control objects can be distinguished. The first is dual-use goods that can be used both in civilian products and in the creation of weapons of mass destruction, their delivery vehicles, various types of weapons, etc. The second independent group of export control objects is military products [1, p. 102].
To carry out the analysis, it is necessary to define the share of regulated controlled items in the total volume of exports. To compare the data, cost indicators for 2021 will be used (table 1). The calculations of the Federal Customs Service make it possible to compare the value of exports of items not subject to export control, exports of items under the secret code, and exports of items that are potentially subject to export control [5].
Table 1
Export of items from Russia in 2021 (billion US dollars) [3; 5]
Total export Items out of export control Items under secret code Items potentially subject to export control
426,6 302,3 55,3 69
Therefore, the share of exports of items under the secret code is 13 % of the total exports; the share of exports of items potentially subject to export control is about 16 % of the total exports. Figure 1 illustrates the structure of exports of items for 2019.
So, despite the fact that the share of controlled items in total exports is small, they are of great importance for the military-industrial complex, medicine, science and technology.
Besides, judging by statistical data based on open access, it is possible to specify indicators of the effectiveness of export control that help to get an idea of the activity of export control. Among these indicators:
- efficiency of activity in terms of detection and suppression of violations in the field of export control;
- effectiveness of inspections;
- number of inspections aimed at eliminating potential damage;
- the amount of expenses due to inspections.
Inspections are carried out in order to verify that participants of foreign economic activity comply with the requirements established by the legislation of the Russian Federation in the field of export control. Figure 2 illustrates the dynamics of the total number of activities carried out, including planned and unscheduled ones.
50 - 49 - 48 _
47
46
45
44
43 _
42
2017 2018 2019
Fig. 2. The total number of inspections carried out for 2017-2019, in pieces [4]
The decrease in the total number of inspections is also associated with reduction of the share of Russian traders engaged in trade operations with items subject to export control, that were exposed to the inspections by the Federal Service for Technical and Export Control of the Russian Federation (further - FSTEC) in 20172019 [4]. Table 2 shows the decline in the share of foreign economic activity participants [6; 7; 8].
Based on the results of inspections by the FSTEC of Russia, instructions were issued to eliminate the violations of export control requirements. From 2017 to 2019, the number of such instructions has gradually decreased, that is an evidence
of the reduction of violations in the field of export control and of the dependence on the number of traders that are exposed to inspections (fig. 3).
Table 2
The share of foreign economic activity participants performing foreign trade operations with controlled items, in %, 2017-2019 [6; 7; 8]
Indicators 2017 2018 2019
Share of foreign trade participants subject to inspections by the FSTEC of Russia, % 1,6 1 0,9
35 30 25 20 15 10
5 0
2017 2018 2019
Fig. 3. Number of orders issued to eliminate identified violations of export control requirements, in pieces, 2017-2019 [6; 7; 8]
According to the results of the inspections, cases of administrative offenses were initiated in the presence of the subjects of control and without interaction with them. The data in fig. 4 and fig. 5 indicate that the number of initiated cases of administrative offenses in the presence of subjects of control is less than the number of cases initiated without interaction with subjects of control.
10 8
6 -
2017 2018
Fig. 4. The number of initiated cases of administrative offenses in the field of export control with the participation of the subject of control, in pieces, 2017-2019 [6; 7; 8]
Based on the data research, it is evident that the number of initiated cases of administrative offenses in the field of export control with the participation of the subject of control has increased by 2019. But this cannot be said about the second case of administrative offenses in the field of export control without interaction with subjects of control where the number of cases has decreased by 2019. Figure 5 illustrates these changes.
2017 2018 2019
Fig. 5. The number of initiated cases of administrative offenses in the field of export control without interaction with subjects of control, in pieces, 2017-2019 [6; 7; 8]
Thus, we can conclude that the effectiveness of the application of export control in the Russian Federation can be called moderate, since this is due to a small share of foreign economic activity participants engaged in the movement of controlled items along, with the number of inspections and cases of administrative offenses.
References
1. Federal Law of July 18, 1999 No. 183 "On Export Control" // ConsultantPlus legal reference system. URL: http://www.consultant.ru/ (accessed 24.03.2022).
2. Mozzhegorova, O. A. Features of the implementation of export control in the conditions of the functioning of the Eurasian Economic Union / O. A. Mozzhegorova, Yu. V. Pyshkin // Bulletin of the Russian Customs Academy. 2017. No. 4.
3. Federal Customs Service. URL: https://customs.gov.ru/ (accessed 24.03.2022).
4. Federal Service for Technical and Export Control. URL: https://fstec.ru (accessed 24.03.2022).
5. Materials for the meeting of the Board of the Federal Customs Service of Russia «Customs Service of the Russian Federation in 2019» // Materials of the Federal Customs Service of Russia. 2021.
6. On the implementation by the FSTEC of Russia of state control over compliance by Russian participants in foreign economic activity with the legislation of the Russian Federation in the field of export control and on the effectiveness of such control in 2017 // Report of the FSTEC of Russia. Moscow. 2018.
7. On the implementation by the FSTEC of Russia of state control over compliance by Russian participants in foreign economic activity with the legislation of the Russian Federation in the field of export control and on the effectiveness of such control in 2018 // Report of the FSTEC of Russia. Moscow. 2019.
8. On the implementation by the FSTEC of Russia of state control over compliance by Russian participants in foreign economic activity with the legislation of the Russian Federation in the field of export control and on the effectiveness of such control in 2019 // Report of the FSTEC of Russia. Moscow. 2020.
