Doing business in Russia. Павел Игоревич Герасимов

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СКАЧАТЬ required. The certificate must clearly state that goods originate in a particular country and the certificate must contain a written statement of the sender of the goods that they comply with a relevant criteria of origin. The statement must be witnessed by the state authorities of the sender's country.

      As a result of «counter-sanctions» after 2014 sanctions from EU/EEA and other countries, some products originating in the EU/EEA and/or some other countries which imposed sanctions on Russia are either only available to be imported in moderate amounts for personal use only or completely banned. This applies mostly to foods and delicacies (e. g. meat, dairy, fruits, vegetables, etc), but the list is subject to change. So-called «counter-sanctions» were originally imposed in 2014 by an order of the President, and originally were to expire on 6 August 2015, but the order has been renewed annually ever since.

Customs payments

      Customs payments include customs duty, VAT, excise, and a fee for the registration of goods.

      Customs duty is usually charged as an ad valorem duty. An obligation to pay the duty arises the moment goods cross the customs border.

      The principle method of the valuation of goods is the transaction method, based on the price actually paid for the goods. Once this method cannot be applied. In particular when there is no documentary evidence, or the information provided does not appear to be true, or when buyers acquire limited rights over goods or their rights depend on unpredictable circumstances, or when a transaction takes place between connected persons, customs officers can use other methods of valuation, for example those based on the price with identical or analogous goods, prices on internal market for similar products or even methods based on assumed production costs and delivery expenses and others. However, such valuation, as well as classification of goods to some extent, may be challenged in commercial courts.

      Due to the Covid–19 pandemic, reduced customs duty rates are currently applied to products of critical import and medical products that help fight the coronavirus (thode include some foods like potatos or rice and products of medical use like thermometers, endoscopes and some medicines). However, those reduced rates and reliefs expire on 31 March 2021.

      Imported goods, generally, are subject to VAT. There are some exceptions; certain medical equipment is an example. Imported technological equipment contributed into a charter capital of a Russian company is also exempt of VAT. The VAT rate is 20%; for some goods such as some items for children, certain medicines and food the VAT rate is 10%.

      A fee for the registration of goods depends on their customs valuation and is relatively small. From 1 August 2020, mininum fee for the registration of goods is RUR 775 (€8.46) and the maximum fee is RUR 30,000 (€327.42).

      Some goods such as products of medical use, alcohol or oil are subject to excise. The excise rates are determined by the relevant legal acts.

Anti-dumping duties

      Anti-dumping measures are taken when goods are imported into Russia at a price below that at which they are normally sold in their country of origin. A decision on the imposition of anti-dumping duties follows a special anti-dumping investigation and is made by the Government of the Russian Federation. Anti-dumping duties are most applicable towards machinery, machinery detais and some foods. Rates of anti-dumping duties are set by EAEU commission. For example, on 25 February 2021, expires an anti-dumping duty on steel pipes from Ukraine, and on 18 August expires an anti-dumping duty on truck tyres imported from PRC.

Compensation duties

      The compensation duties are imposed by the Government when the production of goods imported into Russia has been subsidised by a foreign state. The rate of compensation duty cannot be higher than an amount of the subsidy as related to one article of goods.

      Export

      As a rule, an export from the Russian Federation does not require any permissions or licences. In some cases, however, the Government imposes restrictions (quotas) and/or licences on the export of certain goods. Restrictions may normally be imposed on the export of oil, gas, certain natural resources, valuable sorts of timber, fish or sea products. Apart from these, the Government may restrict exports for security reasons and in compliance with international obligations.

      Generally, export duty is an ad valorem duty. However, goods exported from Russia to EAEU are not subject to export duties as EAEU Treaty effectively provides for single market for EAEU Member States.

      A temporary ban on the export of certain goods and equipment from Russia has been extended until the end of 2025.

      The export restriction applies, among other things, to technological and medical equipment, agricultural machinery, electrical equipment, turbines, nuclear reactors, fiber-optic cables, certain types of aircraft, radar devices, batteries, and metalworking machines.

      Their export is prohibited to all foreign countries, with the exception of member states of the Eurasian Economic Union.

      However, a number of exceptions are provided: export restrictions will not apply to samples of medical products previously imported to Russia for state registration.

      The ban will also not apply to refrigeration equipment, certain types of pumps, and a number of categories of vessels.

      In addition, restrictions on the export of certain types of goods by systemically important organizations and their subsidiaries have been relaxed. The decision on the export of goods by such organizations will be made by the Government based on proposals from relevant ministries and departments.

      The possibility of applying restrictions on the import of seeds of certain types of agricultural crops from unfriendly countries is extended until the end of 2025. This concerns seeds of potatoes, wheat, rye, barley, corn, soybeans, rapeseed, sunflower and sugar beet.

      The lists of goods and equipment temporarily prohibited from export from Russia were determined by the Government in March 2022. The decision was made in pursuance of the Presidential Decree «On the application of special economic measures in the sphere of foreign economic activity in order to ensure the security of the Russian Federation» and is necessary to protect the domestic market.

      Investment and Finance

      General

      It is Russian policy to welcome foreign investments. Generally, as Russia is a WTO Member State, the regime for foreign companies and the use of the received profit by them cannot be less favourable than the legal regime which is applied to Russian companies. The withdrawals limiting the rights of the foreign companies may be established by federal laws in public interests (e. g. foreigners are prohibited from acquisition of land close to the border).

      The federal law «On foreign investments», enforced from 9 July 1999 provides guarantees from any adverse changes to Russian legislation. In particular, new laws increasing tax burdens do not extend to Russian companies with foreign participation of 10% or more of their capital or to any Russian company with foreign capital if such a company is engaged on a «priority project»; that is, one with a total amount of investments of at least RUR 1 billion (approximately €10,970,900) or where a foreign company purchases an equity interest of at least RUR 100 million (approximately €1,097,090). The exemption is granted during the project's yield period, of no longer than seven years.

      Russia also warmly welcomes investment in its several Special Economic Zones (SEZs) across the country. Those zones are differentiated by types of preferred economy sector for investments – be it tourism, logistics, industry or technology. Even warmer the welcome is for investors from BRICS Member States.

      Acquisition of control over Russianenterprise by foreign companies

      Generally СКАЧАТЬ