• Regulation/span>
  • Special tools/span>
  • On the import of encryption (cryptographic) tools/span>

On the import of encryption (Cryptographic) Tools/h2>

The procedure for importing encryption tools

Regulations on the importation into the customs territory of the Eurasian Economic Union and export from the customs territory of the Eurasian Economic Union of encryption (cryptographic) means/h3>

II. General provisions/p>

  1. These Regulations define the procedure for the import into the customs territory of the Eurasian Economic Union (hereinafter referred to as import, Union) and export from the customs territory of the Union (hereinafter referred to as export) of encryption (cryptographic) means and goods containing such means included in Section 2.19 of the unified list of goods to which non-tariff regulatory measures are applied in trade with third countries. countries provided for by the Protocol on Non-Tariff Regulatory Measures in Respect of Third Countries (Annex No. 7 to the Treaty on the Eurasian Economic Union of May 29, 2014) (hereinafter, respectively, encryption (cryptographic) means, a single list)./li>
  2. For the purposes of this Regulation, the concepts used mean the following:ul>
  3. UNIFIED REGISTER OF NOTIFICATIONS/strong>& - a list of information on notifications registered by the approving authorities of the member States of the Union, compiled in accordance with Appendix No. 1 and published on the official website of the Union on the Internet information and telecommunications network;/li>
  4. NOTIFICATION/a>& - a notification registered by the coordinating body of a member state of the Union in accordance with the procedure established by the Regulation on Notification of the Characteristics of Encryption (Cryptographic) Means and Goods containing them, in accordance with Appendix No. 2, from the manufacturer of the goods (a representative authorized by the manufacturer) in the form in accordance with Appendix No. 3, containing information on the technical and cryptographic characteristics of goods that are encrypted (cryptographic) means, and goods containing them, in accordance with the list in accordance with Appendix No. 4;/li>
  5. THE COORDINATING BODY/strong>& - the state authority of a member state of the Union in the field of state (national) security, authorized in accordance with the legislation of that state to approve licenses, issue opinions (permits) and register notifications.br />Other concepts used in these Regulations are applied in the meanings defined by the Protocol on Non-Tariff Regulatory Measures in relation to Third Countries (Appendix No. 7 to the Treaty on the Eurasian Economic Union of May 29, 2014) and international treaties included in the law of the Union, as well as the Rules for Issuing Licenses and Permits forspan class="mytool">export/a> and (or) the import of goods included in the unified list of goods subject to non-tariff regulatory measures in trade with third countries, approved by Decision No. 125 of the Council of the Eurasian Economic Commission dated November 24, 2023./li>
  6. The goods included in section 2.19 of the unified list have encryption (cryptography) functions if they implement or contain the following tools (systems and complexes):/span>
    • a) encryption tools (hardware, software and hardware-software tools, systems and complexes that implement algorithms for cryptographic transformation of information and are designed to protect information from unauthorized access during its transmission through communication channels and (or) during its processing and storage);/span>
    • b) means of information protection (hardware, software and hardware-software tools, systems and complexes that implement algorithms for cryptographic transformation of information and designed to protect against the imposition of false information);/span>
    • c) means of electronic digital signature (electronic signature), determined in accordance with the legislation of the Member States of the Union (hereinafter referred to as the Member States);/span>
    • d) hardware, software and hardware-software tools, systems and complexes that implement algorithms for cryptographic transformation of information with the implementation of part of such transformation by manual operations or using automated means based on such operations;/span>
    • e) hardware, software, and hardware-software tools, systems, and complexes that implement algorithms for cryptographic information conversion and are designed to produce key documents (regardless of the type of key information carrier);/span>
    • f) hardware, software, and hardware-software tools, systems, and complexes designed or modified to perform cryptanalytic functions;/span>
    • g) hardware, software, and hardware-software tools, systems, and complexes implementing algorithms for cryptographic information conversion, designed or modified to apply cryptographic methods for generating expanding code for systems with an expanding spectrum, including code hopping for systems with frequency hopping;/span>
    • h) hardware, software, and hardware-software tools, systems, and complexes that implement algorithms for cryptographic information conversion, designed or modified to use cryptographic methods for channel formation or secret codes for time-modulated ultra-broadband systems./span>
  7. If encryption (cryptographic) devices contain radio-electronic devices and (or) high-frequency devices for civil purposes included in section 2.16 of the unified list, or if encryption (cryptographic) devices are part of such radio-electronic devices and (or) high-frequency devices, then the import of such goods is carried out in accordance with the Regulations on Importation to the customs territory of the Eurasian Economic Union of radio-electronic devices and high-frequency devices for civil purposes, including embedded or included in other goods (Appendix No. 15 to the Decision of the Board of the Eurasian Economic Commission dated April 21, 2015 No. 30)./span>
    If the encryption (cryptographic) tools contain special technical tools designed to secretly obtain information included in section 2.17 of the unified list, the product category is determined by the approving authority./span>
  8. The import and (or) export of encryption (cryptographic) means is carried out if there is information about the inclusion of the relevant notification in the unified register of notifications (hereinafter referred to as notification information) or if there is a license issued in accordance with the Instructions for applying for licenses for the export or import of certain types of goods and issuing such licenses (Appendix N 1 to the Rules for Issuing Licenses and Permits for the Export and (or) Import of Goods included in the unified list of Goods Subject to Non-Tariff Regulatory Measures in Trade with Third Countries, approved by Decision of the Council of the Eurasian Economic Commission No. 125 dated November 24, 2023) (hereinafter -span class="mytool">

    Licenses are provided by the Center for Licensing, Certification and Protection of State Secrets of the FSB of Russia (TSLSZ of the FSB of Russia)

    " >license/a>)), or an opinion (authorization document) in the form approved by the Decision of the Board of the Eurasian Economic Commission No. 45 dated May 16, 2012 (hereinafter referred to as the opinion (authorization document))./span>
    The import or export by individuals of encryption (cryptographic) devices included in the list in accordance with Appendix No. 5 as goods for personal use is carried out without submitting an opinion (authorization document) or notification information to the customs authority of the member State. If encryption (cryptographic) means are not included in the list provided for in Appendix No. 5 to these Regulations, their import or export is carried out by individuals only if notification information is available for such goods. The import or export by individuals of encryption (cryptographic) devices as goods for personal use, which are not included in the list provided for in Appendix No. 5 to these Regulations and for which there is no notification information, is prohibited./span>
    Customs control/a> It is carried out if the customs authority of the member state has information about possible violations of the procedure established by this Regulation for the movement of encryption (cryptographic) means by individuals as goods for personal use./span>

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