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IMPORTATION OF CRYPTOGRAPHIC TOOLS IN RUSSIA - 12/18/2001
by Irina Lakaeva,
Commercial Specialist U.S. Commercial Service - Embassy Moscow
INTERNATIONAL COPYRIGHT, U.S. & FOREIGN COMMERCIAL SERVICE AND U.S. DEPARTMENT
OF STATE, 2001. ALL RIGHTS RESERVED OUTSIDE OF THE UNITED STATES.
IMPORTATION OF CRYPTOGRAPHIC TOOLS IN RUSSIA
Summary. This report provides an update on regulations covering the
import of encryption tools into Russia. It is based on a recent discussion
between the Commercial Service in Moscow and a representative of Russia's
Federal Agency of Governmental Communications and Information, which addressed
recent importation procedures and the required documentation. End
Summary. The Commercial Service (CS) in Moscow has received frequent
inquiries from U.S. firms in the field of information technology, for current
information on Russia's regulations on cryptographic tools. In response,
a CS Moscow trade specialist met with a representative of the Federal Agency
of Governmental Communications and Information (FAPSI in the Russian acronym),
to obtain the following update, which may have relevance for any IT firm
operating in Russia or with plans to enter the Russian market.
1. Import and export of cryptographic tools (hardware, parts of such
equipment and software programs) as well as normative and technical documentation
related to the use of encryption (including design and operation manuals)
is regulated by the law of the Russian Federation (RF)No. 183-FZ on Export
Control dated 07/18/99, the Presidential decrees No.334 of 04/03/95 and
No. 1268 of 08/26/96 and Government regulations No. 854 of 11/06/92, No.
959 of 12/10/92 and No. 758 of 07/01/94.
2. The import and export of cryptographic products requires a license
from the Ministry of Economic Development and Trade (MEDT). However, FAPSI
must first approve issuance of the license. FAPSI regulates the organization
and provision of government communications and sensitive communications
for Russian government agencies, organizations, and enterprises. It also
provides technical security for such communications. FAPSI is under the
direct authority of the Office of the President of the Russian Federation.
FAPSI gives permission to import a cryptographic product only after examining
technical documentation, or samples of a product, or both. The license is
granted only in regard to a specific shipment of this product in accordance
with its HS Code.
3. If a U.S. company intents to use cryptographic products on Russian
territory in order to protect the company's own computer systems no special
licenses or certificates are required. Companies may use encryption tools
such as PGP, VPN, and DES if it does not perform information security work
for other organizations. It also means that a foreign person or company
representative may enter Russia with a personal computer that might have
loaded encrypted software, if it is for personal use. However, if the computer
is declared at the customs as of commercial value, an object for sale or
for use in providing services to other companies, then a custom officer
may request the related permissions and certificates.
4. If a company plans to provide information security services to
other organizations within the territory of the Russian Federation, it is
necessary to obtain a license from the State Technical Commission, a state-run
body regulating information protection by non-cryptographic methods. If
the security service provided incorporates the use of encryption tools,
then an additional license must be obtained from FAPSI, which regulates
encryption. In order to avoid some of the numerous problems which might
arise with licensing and certification, some foreign firms find it advisable
to establish partnerships with a Russian organization that has all of the
necessary licenses.
5. Licensing for encryption is especially important for banks and
other financial and credit-granting organizations, which broadly use encryption
measures and electronic digital signatures in order to protect their information.
6. On December 13, 2001 the State Duma (parliament) of the Russian
Federation passed a bill on electronic digital signatures in its third and
final reading. Despite some criticism of the bill, it nevertheless is expected
to give a shot in the arm to Russia's whole IT sector. According to some
Duma's members, the bill will go a long way to solving the complex legal
and technical problems of legislation regulating the application of the
latest information technology. According to Vedomosti newspaper, the size
of Russian market for electronic digital signature products is estimated
at US$ 3-5 million this year and will rapidly grow with the benefit of the
new legislation.
7. An application for the import/export encryption tools should be
addressed to the Director General of FAPSI and send by certified mail to
the following address: Mr. Vladimir Georgievich Matiykhin FAPSI Director
General 103031 Moscow, Russia Bolshoy Kiselny Per. 4
The letter should be in Russian. Technical documentation/contracts in English
should have a notarized Russian translation. Inquiries on licensing and
import/export regulations on encryption tools may be addressed to the Licensing
and Certification Center of FAPSI.
The package of documents to be provided to FAPSI must include: � The full
name of the applicant, its location and registered address. � Details regarding
the specific cryptographic product to be imported into the Russian Federation:
including quality and number of copies (for software).
�A statement of the purpose for importing the cryptographic product (for
example, to be used at a company's Moscow office for inter-corporate communication).
Technical description of the product in general terms.
8. The U.S. Commercial Service in Russia helps U.S. companies establish
business relations with Russian companies with relative experience. If you
are interested in information on Russian companies working in the field
of information security please contact:
Irina Lakaeva
Commercial Specialist
US&FCS; Russia
American Embassy Moscow
23/28 B. Molchanovka, Bldg.2
Tel.: 7(095) 737-5022
Fax: 7(095) 737-5033
e-mail: [email protected]
or visit our web site at:
www.usatrade.gov or www.uscommercialservice.com/russia/en
If you are interested in establishing contacts with potential distributors
of computer equipment in Russia are invited to take advantage of the U.S.
Commercial Service's Gold Key Service Program. Our commercial specialists
will assist you in identifying qualified potential business partners and
provide you with full logistical support as you explore expanding business
opportunities for your company in one-on-one business meetings. The U.S.
Commercial Service in Russia, part of the U.S. Department of Commerce, is
dedicated to assisting American exporters and investors find success in
this challenging, but potentially rewarding market.
To the best of our knowledge, the information contained in this report is
accurate as of the date published. However, the Department of Commerce does
not take responsibility for actions readers may take based on the information
contained herein. Readers should always conduct their own due diligence
before entering into business ventures or other commercial arrangements.
The Department of Commerce can assist companies in these endeavors.
*********Forwarded by************
Derek Nowek (covers IT for BISNIS)
U.S. Dept. of Commerce
USA Trade Ctr.
Tel: 202/482-4522
Fax: 202/482-2293
BISNIS web site: www.bisnis.doc.gov
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