The lesson went for future use. Smuggling of dual-use goods turned into a criminal case
Smolensk customs officers in cooperation with Russian FSB officers detected the offence of export of dual-use goods, which can be used to create weapons of mass destruction.
During joint operatively-search actions it is established that the citizen of Belarus, is a Director and the sole founder of one of Smolensk, OOO, concluded in 2018, the contract for the supply of Belarusian firm batch of titanium bars of three types, which can be used to create weapons of mass destruction. The export of this product from the territory of the Russian Federation was carried out by the recipient in three installments.
According to the Decree of the RF Government dated 14.06.2001 No. 462 “On approval of Regulations on control of foreign economic activity concerning the equipment and materials of dual purpose and corresponding technologies used for nuclear purposes”, the export of this product category should be carried out under the license of the Federal service for technical control (FSTEC of Russia). However, the license for foreign trade operations by said treaties given company has not received, although it was aware of the need of receiving it.
Proof of awareness is the fact of attracting this company to administrative responsibility in February 2018 for a similar violation. Then the Office of the FSTEC of Russia for the Central Federal district attracted the firm to liability under part 1 of article 14.20 of the administrative code of Russia. Also, a year earlier, in 2017 given company supplied similar bars, but the other part, without a license FSTEC of Russia in the same address of the Belarusian company. On the facts of these supplies in respect of LLC filed two cases on administrative violations and the firm was found guilty. But the lesson did not go for the future. This time the violation from the point of view of the Law was more serious.
“According to the opinion of the office of export control FSTEK of Russia, which we received in June 2020, titanium bars of all three parties refer to materials that can be used to create weapons of mass destruction, – said acting Deputy head of customs Alexander Seals. – Smolensk customs in respect of company Director, a citizen of Belarus, a criminal case under signs of crime under part 1 of article 226.1 of the criminal code.”
Sanctions of this article provide punishment in the form of imprisonment for a term of three to seven years with a fine in the amount up to one million rubles or the salary or other income condemned for the period till five years or without such and with restriction of liberty for a term up to one year or without such.
Currently, after the production of urgent investigative actions the criminal case materials sent to Smolensk transport Prosecutor for the transfer of jurisdiction.
Alexander Kotikov noted that this is not the only case of suppression of the smuggling of dual-use goods.
So, in February of this year came into force the sentence of Krasninskoe district court of the Smolensk region on the criminal prosecution of 48-year-old citizen of Belarus for smuggling party indicator tubes of hydrogen fluoride, which can be used to create weapons of mass destruction. The court has appointed to it punishment in the form of deprivation of liberty for a term of three years with a probation period of two years with a fine in the state income of 50 thousand rubles. It is also the result of joint work with the staff of the Federal security service.
Vladimir Safonov,
press Secretary of the Smolensk customs