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The new regulatory framework for this was set by the officially published Decree of the Government of the Russian Federation of March 28, 2019 No. 341 “On the peculiarities of Russian and foreign vessels crossing the state border of the Russian Federation at sea”.
The previously valid list, approved by the Decree of the Government of the Russian Federation dated August 27, 2014 No. 864, was declared invalid.
This Resolution determines such cases for two categories of vessels:
– Russian and foreign ships departing from Russian ports with the subsequent arrival in Russian ports without calling in the internal sea waters and in the territorial seas of foreign states;
– Russian ships that have passed border, customs and other types of control when departing from the territory of the Russian Federation, arriving in the territory of the Russian Federation without the purpose of entering Russian ports and then departing from the territory of Russia.
For the first category, they now include, inter alia:
– Departure of Russian ships from ports for the purpose of merchant shipping in inland waters, in the territorial sea, in the exclusive economic zone and (or) on the continental shelf of the Russian Federation;
– navigation of foreign ships between Russian ports, as well as their departure from ports into the internal sea waters or into the territorial sea of the Russian Federation for the purpose of merchant shipping, with the exception of activities related to the use of vessels for fishing;
– navigation of Russian and foreign ships between Russian ports with entry into the territorial seas of foreign states as they pass through the Baltic, Okhotsk or Sea of Japan and adjacent straits.
For the second category, the following cases are foreseen:
– sailing through the territorial sea of the Russian Federation without the purpose of entering Russian ports with a subsequent departure from the territory of the Russian Federation;
– entry of Russian vessels into the internal sea waters and into the territorial sea of the Russian Federation for reloading catches taken in areas defined by the Government of the Russian Federation and to be delivered to the territory of Russia under unfavorable hydrometeorological conditions that do not allow for reloading of catches outside the territorial sea.
The requirements for the implementation by such vessels of overloading catches in the specified conditions are also approved. Overloading is carried out in the presence of a border authority official. Decree of the Government of the Russian Federation dated February 9, 2012 No. 107, which approved the rules for crossing the border for such an overload to be declared null and void.
In addition, new rules have been approved for notifying the border agencies of the Federal Security Service of Russia of the intention to repeatedly cross the border at sea by Russian ships, as well as the form of such notifications. The notification shall be sent once for the entire period of the activity specified in the notification, on dates differentiated depending on the passage of control by the courts and on the route ahead. The previous rules approved by the Decree of the Government of the Russian Federation dated August 27, 2014 No. 863 are recognized as lost.
Also recognized invalid by the Resolution of the Government of the Russian Federation:
– dated 09.02.2012 No. 107 “On crossing the state border of the Russian Federation by Russian vessels for reloading catches of aquatic biological resources, fish and other products from them in inland marine waters and in the territorial sea of the Russian Federation”;
– dated April 15, 2014 No. 340 “On the Permission for the Entry of Ships to the Territorial Seas of Foreign States”;
– 05.06.2014 No. 518 “On the procedure for determining the requirements for equipping vessels with technical means of control, ensuring continuous automatic transmission of information about the location of the vessel, and (or) other technical means of monitoring the location of the vessel.”
The Resolution is accompanied by the Rules for notifying the border authorities of the Federal Security Service of the Russian Federation about the intention of the Russian courts to cross the state border several times, a number of other updated legal acts, as well as electronic forms of relevant notifications, applications and permits.
Source: Maritime News of Russia