APPROVED
By the regulation of the
Government of the Russian
Federation
28.03.2001 9249

RULES
of presenting of Letters of Inquiry
concerning of marine scientific research
in the exclusive economic zone of the Russian Federation
and accepting decisions on them

I. General information.

1.The Rules present the order of offering and examination of Letters of Inquiry concerning of marine scientific research in the exclusive economic zone of the Russian Federation (hereinafter accordingly - Letters of Inquiry, marine scientific research), evaluation of Letters of Inquiry and accepting decisions on them.

2. In case if marine scientific research even partly are taken place in internal seas or territorial seas, or on the seashore of the Russian Federation, or with the usage its seashore infrastructure the presentation and examination of Letters of Inquiry about them are carried out in order determined by the Federal Law "About Internal se i waters, territorial sea and zone belonging to the Russian Federation".

3. In case if it is necessary to create artificial isles, installations and constructions in the course of carrying out of the marine research the presentation and examination of Letters of Inquiry for their production and accepting of decisions are due to the Federal law "About continental shelf of the Russian Federation"

II. Content of the Letter of Inquiry on carrying out of marine research and the order of its presentation.

4. Declarant interested in carrying out of marine researches directs to the federal body of the executive power, responsible for the working out and realization of governmental Scientific and technical policy as well as coordination of activity in thin, sphere of the other federal bodies of the executive power (herein after-federal body on science and technologies) the Letter of Inquiry in accordance,- with Appendix # 1. Each project of marine research needs Letter of Inquiry in 7 copies.

The following documents must be attached to the Letter of Inquiry:

a/ detailed map of every region of marine research developed in one of the usual map projections with the following data:

  • the route of moving of the ship or other carrier from the point of crossing of the border of the exclusive economic zone of the Russian Federation to the area of the marine research and back to the crossing of this border;
  • area of marine research;
  • the route of moving of the ship within the area of marine research in respect of place and time;
  • coordinates of placement of tools for measuring;

b/ information about the last marine research performed by the declarant in the exclusive economic zone of the Russian Federation:

  • the name of the project of the  marine research;
  • the name of the ship and type, of carrier they were done;
  • co-ordinates of the area of marine research;
  • time of carrying out of the research;

c/ documents, proved the transmitting to the scientific establishments of the Russian Federation of copies of samples and data obtained in the course of carrying out by the declarant of the last project of marine research in the exclusive economic zone of the Russian Federation or reason why copies of samples and data have not been transmitted with the notice of possible time of their transmitting

d/ other materials concerning marine research asked for permission

6. Russian declarant directs Letter of Inquiry not less than 6 months earlier of the beginning of the year of carrying out of the research for taking them to the Year plan of marine research in the exclusive economic zone of the Russian Federation

7. Foreign declarant directs the Letter of Inquiry with the use of diplomatic channels not less than 6 months before the planned date of the beginning of the marine research if the other is not prescribed by the international agreement of the Russian Federation.

The Letter of Inquiry must be done in Russian and in the language of the declarant.

8. In exclusive cases Russian declarant may direct the Letter of Inquiry months earlier of the date of the beginning of researches in the current year.

9. Declarants, which are not Russian federal organizations, must point out the way in which Russian Federation may participate in them or be represented

10. In case of presentation by the declarant of additional information about marine research on the demand of the federal body of executive power on science and technologies or on own initiative the term of examination of the Letter of Inquiry is calculated from the date of getting of the information mentioned.

III. Order of the examination of the Letters of Inquiry

11. Federal body of the executive power on science and technologies is responsible for checking up of the accordance of the Letter of inquiry to the demands of the present Rules and direction to the declarant (to the foreign declarant by the diplomatic channels)

a/ in the course of 10 days from the day of getting-notice of the getting of Letter of Inquiry.

b/ in the course of 4 months from the day of getting permission to carry out marine scientific research in accordance with the form of Appendix 4 2 or the refusal of issue of such permission or asks for additional information concerning the research being matter of the Letter of Inquiry.

12. Federal body of executive power on science and technologies on the base of Letters of Inquiry forms Year round Plan of marine scientific research in the exclusive economic zone of the Russian Federation agrees it in the order, containing in points 12 and 14 of the present Rules and affirms by the order. The copies of Letters of Inquiry must be attached to the project of plan sending for the accordance. The plan mentioned above is directed to the federal bodies of the executive power named in point 13 of the present Rules but not later than 10 days of the affirmation.

13. Federal body of the executive power on science and technology directs Letter of Inquiry and documents in accordance with point 5 of the present Rules to the bodies of the executive power in charge of frontier guard, defense, security, environmental control, geology and the use of mineral resources, fishery, hydrometeorology, monitoring of environments to be agreed.

Letter of Inquiry is agreed with the other federal bodies of the executive power if the necessity of accordance is within the character of the Letter of Inquiry and of the matter of responsibility of a certain body of the executive power.

14. Federal bodies of the executive power named in the point 13 of the present Rules direct conclusion to the executive federal body on science and technology not later than 30 days from the date of getting of the Letter of Inquiry. In case of sending of the Letter of Inquiry by one of the above-mentioned bodies of the executive power accordance of the Letter of Inquiry is not required.

15. After the examination of the Letter of Inquiry the federal body of the executive power on science and technology directs copies of permission to carry out marine research or information about the refusal of issue of such permission to the bodies of the executive power in charge of frontier guard, defense and security.

16. In case if in the course of 4 months from the date of getting of the Letter of Inquiry by the federal body of executive power on science and technology the declarant has not got at least one document subscribed by item "b" of point 11 of the present Rules, declarant has the right to start marine research in 6 months period from the date of application of the Letter of Inquiry in accordance with the laws and international agreements of the Russian Federation, generally recognized principles and standards of the international law.

IV. Argument of the refusal of issue of the permission for carrying out marine scientific research

17. The reason for refusal of the marine scientific research:

a/ create or may create menace to the security of the Russian Federation;

b/ incompatible to the demands of protection of the sea, alive and non alive resources;

c/ include boring works on the sea ground, use of explosives. Pneumatic devices and taking harmful substances to the sea;

d/ create disturbances to the activity of the Russian Federation for fulfillment of sovereign rights and jurisdiction in the exclusive economic zone;

e/ are not respective to the information about the character and aims declared at the Letter of Inquiry;

f/ have direct significance for the exploiting and reconnaissance of alive and non alive natural resources.

18. The issue of the permission may be refused in case of not fulfillment of duties of the declarant concerning the previous marine scientific research

V. Peculiarities of the examination of Letters of Inquiry, directed by the competent international organizations

19. In case if competent international organization in which Russia is a member state or has bilateral agreement plans to carry out scientific research federal body of the executive power responsible for the cooperation with it is in charge of agreeing of the position of the Russian Federation concerning the announced research with the federal bodies on science and technologies, foreign affairs, security and others interested federal bodies of executive power.

20. In case the Russian Federation has approved marine scientific research and expressed wish to participate in them a certain competent international organization directs to the federal body of the executive power on science and technology the program of marine scientific research and information concerning the terms and a person responsible for their fulfillment according to a form attached in the Appendix #1 of the present Rules through the diplomatic channels.

The information is examined by the federal body of the executive power on science and technology and other federal bodies of the executive power concerned in order subscribed in section III of the present Rules.

21. In case federal body of the executive power on science and technology in course of 4 months from the date of getting of the information noted in point 20 of the present Rules has not got at least one document subscribed by item "b" of the point 11 of the present Rules, declarant has the right to start marine research in 6 months period from the date of application of the Letter of Inquiry in accordance with the laws and international agreements of the Russian Federation, generally recognized principles and standards of international law.


Appendix
To the order of Roshydromet
12/09/2001 # 129
Approved
By the Government of the
Russian Federation
29/08/2001 #633

STATUTE
on the deployment and usage of foreign technical tools for observation and control on the territory of the Russian Federation continental shelf and in the exclusive economic zone.

I. General information

1. The present Statute determines the order of deployment and usage of foreign technical tools for observation and control delivered by the foreign side in the course of realizatior of the international scientific and technical programs and projects hereinafter-foreign technical tools for observation and control on the territory of the Russian Federation, continental shelf and in the exclusive economic zone.

2. In the present Statute the ten-n foreign technical tools for observation and control are foreign made technical ones or those having worked out with the participation of' the representatives of the foreign side assigned for measuring and registration of different data in physical mediums, taking chemical and biological research, determining the location or identification of the objects as well as tools of processing and transmitting of the results of measuring and registration.

II. Deployment and usage of foreign technical tools of observation and control on the land areas of the Russian Federation

3. Deployment and usage of foreign technical tools of observation and control on the land areas of the Russian Federation is carried out according to the decision of the State Technical Commission supervised by the President of the Russian Federation and after the fulfillment of conditions and demands the decision contain.

4. The Federal bodies of the executive power, bodies of the executive power of the subjects of the Russian Federation and organizations (if scientific and (or) technical activity is issued by their Articles of Organization) and also citizens of the Russian Federation (hereinafter - declarants) on the stage of the preparation of the international scientific and technical programs (projects) in the frame of which the deployment and usage of the foreign technical tools of observation and control on the territory of the Russian Federation is planned but not later than 6 months before the beginning of the fulfillment of the mentioned programs (projects) direct to the State Technical Commission supervised by the President of the Russian Federation a Letter of Inquiry according to the form of Appendix #I (hereinafter-A Letter of Inquiry).The Letter of Inquiry on every international scientific technical program (project) must be done in 5 copies.

5. The State Technical Commis5ion supervised by the President in the course of 10 days checks the accordance of the Letter of Inquiry to the demands of the present Statute, directs to the declarant notice about the getting of the Letter of Inquiry and copies to the Ministry of Defense, Federal Security Service, Federal Department of Governmental Communications and Information and other interested bodies of the executive power. Federal bodies of the executive power direct to the State Technical Commission supervised by the President of the Russian Federation not later than 60 days after the date of getting of the copies of the Letter of Inquiry the decision of the commission of the experts about the possibility of deployment and usage of foreign technical tools of observation and control on the territory of the Russian Federation and having taken them into consideration the State Technical Commission supervised by the President of the Russian Federation issues the conclusion about the possibility of the deployment and usage of foreign technical tools of observation and control, according to the form of the Appendix # 2 (hereinafter-conclusion).

6. In case of disparity of information of the Letter of Inquiry to the character, aims and methods of the researchers The State Technical Commission supervised by the President of the Russian Federation has the right to demand from the declarant additional information concerning the international scientific and technical program (project). In case of delivery by the declarant under the demand of the State Technical Commission supervised by the President of the Russian Federation or by the initiative of the declarant of the additional information the ten-n of the expertise is determining from the date of the, getting of the information.

7. Conclusion or notice about the refusal about of issue of the conclusion is directed to the declarant within 4 months from the date of getting of the Letter of Inquiry.

8. Copies of the resolution or notice about the refusal of the issue of the resolution are directed top the federal bodies of the executive power or organizations interested.

9. The State Technical Commission supervised by the President of the Russian Federation is responsible for the list of resolutions.

10. Additional conditions and demands may be set including:

a/ carrying out of obligatory technical expertise of foreign technical tools of observation and control after delivery them to the Russian Federation;

b/ changing of the terms of usage of foreign technical tools of observation and control, their components, integration and areas of deployment;

c/ carrying out additional technical expertise of foreign technical tools of observation and control taking, into consideration of conditions of their deployment;

d/ ways of processing and transmitting to the foreign side of the results of the measures and registrations done;

e/ order of carrying out control of the deployment and usage of foreign tools of observation and control.

11. The State Technical Commission supervised by the President of the Russian Federation in order to organize obligatory and additional technical expertise of foreign technical tools of observation and control may create inter-institutional expert groups with the invitation on the base of the agreement governmental and non-governmental organizations and independent experts.

The financing of works concerning of technical expertise is carried out of the finances directing to the realization of certain international scientific and technical programs (projects).

12. Any changes in the deployment and usage of foreign tools of observation and control on the territory of the Russian Federation must be agreed in the order set by the present Statute.

13. Deployment and usage of foreign tools of observation and control on the territory of the Russian Federation may be refused in the following cases:

a/ realization of international scientific and technical programs (projects) creates or may create menace of security of the Russian Federation;

b/ information given by the declarant is false;

c/ conditions and demands declared in the conclusion are not fulfilled (being fulfilled);

d/ earlier not mentioned in the Letter of Inquiry data and characteristics have become known.

14. The declarant having got the conclusion must:

a/ carry out the international agreements of the Russian Federation demands of the laws of the Russian Federation and present Statute;

b/ carry out the conditions and demands of the assigned at the conclusion;

c/provide free admission of official persons of federal bodies of the executive power responsible for the control of the fulfillment of this Statute to the areas of the carrying out of works and processing of the results obtained in the course of the realization of international scientific and technical programs (projects) is well as to the foreign technical tools of observation and control;

d/carry out demands of official persons of federal executive power, responsible for the control of the fulfillment of present Statute about immediate ceasing of usage of foreign technical tools of observation and control as well as transmitting the results and materials of the researchers obtained in the process of usage of foreign tools of observation and control;

e/not to resist the measures providing the security of the Russian Federation;

f/dismantle foreign technical tools of observation and control on the accomplishing of works, assigned to the international scientific and technical program (project) in case of absence of other arrangements.

III. Deployment of foreign tools of observation and control in internal waters, in territorial seas, continental shelf and in the exclusive economic zone of the Russian Federation

15. Deployment and usage of foreign technical tools of observation and control in internal waters, in territorial seas, continental shelf and exclusive economic zone of the Russian Federation is carried out within the laws of the Russian Federation concerning marine scientific and marine resource research.

16. Federal bodies of the executive power, responsible in accordance with the laws of the Russian Federation to issue permissions to carry out marine scientific and marine resource research in internal waters, territorial seas, continental shelf and in the external economic zone of the Russian Federation issue mentioned above permissions after agreement the matter with the State Technical Commission supervised by the President of the Russian Federation.

IV. Checking up of the deployment and usage of foreign technical tools of observation and control on the territory of the Russian Federation

17. Checking up of the fulfillment of the present Statute is carried out by the State Technical Commission supervised by the President of the Russian Federation, Federal Security Service of the Russian Federation and Federal Agency of Governmental Communications and Information supervised by the President of the Russian Federation by means of special official persons (hereinafter-checking up bodies).

18. In case of not carrying out by the declarant of the demands of the present Statute, as well as conditions arid demands, prescribed at the conclusion the checking up bodies have the right to ban the usage of foreign technical tools of observation and control.

The checking up body, produced a decision to ban the usage of foreign technical tools of observation and control on the territory of the Russian Federation direct a written message about the matter to the declarant and to The State Technical Commission supervised by the President of the Russian Federation.

Decision of the resumption of works with the usage of foreign technical tools of observation and control may be accepted by the checking up body after the removal of infringes discovered and special examinations.

The checking up body informs about the decision the declarant and the State Technical Commission supervised by the President of the Russian Federation in written form.

 


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