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Russian Law
The Federal Law on the Fundamentals of the State
Regulation of Foreign Trade Activity
FEDERAL LAW No. 164-FZ of December 8, 2003
(Adopted by the State Duma on November 21,
2003, Approved by the Federation Council on November 26, 2003)
Chapter I General Provisions
Article 1 Objectives and the
Scope of Application of the Present Federal Law
1. The present Federal Law shall determine a framework for the state
regulation of foreign trade activity, the powers of the Russian Federation
and the Subjects of the Russian Federation in the field of regulation of
foreign trade activity, with a view to provide favourable
conditions for foreign trade activity, as well as to safeguard the economic
and political interests of the Russian Federation.
2. The present Federal Law shall apply to the relationship in the sphere of
the state regulation of foreign trade activity as well as to the relationship
directly connected with it.
3. Special features of the state regulation of foreign trade activity in the
field of exportation from the territory of the Russian Federation and
importation into the territory of the Russian Federation including the supply
or purchase of military-purpose goods, development and manufacturing of
military-purpose goods, as well as special features of the state regulation
of foreign trade activity regarding goods, information, works, services,
results of intellectual activity which can be used to create weapons of mass
destruction, carriers thereof, other kinds of weaponry and materials, shall
be established by international treaties of the Russian Federation, federal
laws on military and technical cooperation of the Russian Federation with
foreign States and federal laws on export control.
4. The provisions of the present Federal Law, regarding the state regulation
of foreign trade in services, shall not apply to:
1) the services supplied in the exercise of governmental authority and
supplied neither on a commercial basis nor in competition with one or more
service suppliers;
2) the supply of services in the exercise of the activities conducted by the
Central Bank of the Russian Federation in pursuit of the exercise of
authority determined by federal laws;
3) the supply of financial services in the exercise of the activity forming
part of statutory social security system, including the state public
retirement plans and supplied not in competition with one or more service
suppliers, and the activities with the guarantee of the Government of the
Russian Federation or using the financial resources of the State.
Article 2 Basic Concepts Used
in the Present Federal Law
The following concepts shall be used for the purposes of the present
Federal Law:
1) the like product - the commodity which upon its function, use, quality and
technical characteristics is completely identical to the other product or, in
the absence of such a completely identical commodity other commodity which
has the features close to the ones of the other commodity;
2) reciprocity - a certain regime of foreign trade in goods offered by a
State or a group of States to another State or a group of States on condition
that the other State (a group of States) offers the same regime to the first
State (a group of States).
3) foreign trade barter transaction - a transaction made when exercising
foreign trade activity and providing for the exchange of goods, services,
works, intellectual property, including a transaction which beside the
aforementioned conditions provide for the use of monetary and/or other means
of payment in their realization;
4) foreign trade activity activity for the
realization of transactions in the field of foreign trade in goods, services,
information and intellectual property;
5) foreign trade in intellectual property the transfer either by a Russian
person to a foreign person or by a foreign person to a Russian person, of the
exclusive rights to objects of intellectual property, or of the rights to use
the objects of intellectual property;
6) foreign trade in information - shall be considered as the foreign trade in
goods if the information forms an integral part of these goods, or as the
foreign trade in intellectual property if the information is transferred as
the result of the transfer of the rights to the intellectual property to this
information; in all other cases it shall be considered as the foreign trade
in services;
7) foreign trade in goods import and/or export of goods. The movement of
goods between one part of the customs territory of the Russian Federation
through the customs territory of another State into another part of the
customs territory of the Russian Federation not connected to the first part
by land, shall not be considered as the foreign trade in goods;
8) foreign trade in services the supply, including the production,
distribution, marketing, sale and delivery, of a service (the execution of
works), and exercised through the modes described in Article 33 of the
present Federal Law;
9) free trade area - customs territories within which, in accordance with an
international treaty with one or more States or groups of States, customs
duties and other restrictive regulations of foreign trade in goods
originating in those customs territories are eliminated with respect to
substantially all foreign trade in such products between those customs
territories, with the exception where necessary, of the possibility of
application of such measures in cases, foreseen in Articles 21, 32, 38 and 39
of the present Federal Law, without, however, any substantial coordination of
customs duties and other restrictive regulations applied by each member of
the free trade area with regard to the foreign trade in goods with third
States;
10) import of goods the importation of a commodity to the customs territory
of the Russian Federation from abroad without the obligation to transport it
back;
11) foreign person - any physical or juridical person or organisation
which is not considered as a legal entity under the legislation of the
Russian Federation, which is not Russian person;
12) foreign service consumer a foreign person that orders or uses services or
works;
13) foreign service supplier a foreign person that supplies or renders
services or executes works.
14) commercial presence any form of organization of business or other
economic activity of a foreign person in the territory of the Russian
Federation or of a Russian person in the territory of a foreign State,
allowed by the legislation of the Russian Federation or the legislation of
the foreign State, for the purpose of supplying services, including through
the constitution of a juridical person, a branch or a representative office
of a juridical person, or by participation in the authorized (share) capital
of a juridical person. A Russian juridical person through which the
commercial presence is exercised, shall be considered as a foreign service
supplier, when a foreign person (foreign persons), either have a dominant
participation in its authorised (share) capital, or
have the possibility of exerting a decisive impact on the decisions taken by
such a juridical person, in accordance with a contract concluded between them
or in any other way.
15) international traffic in transit the passage through the customs
territory of the Russian Federation of goods, means of transport, when that
passage is only a part of a journey beginning and terminating beyond the
customs territory of the Russian Federation;
16) directly competitive product - a product which is compared to another
product in its function, use, quality and technical characteristics, as well
as in other properties in the way that the buyer, when consuming it,
substitutes by it or is ready to substitute by it another product;
17) non-tariff regulation - the instrument of the state regulation of foreign
trade in goods by introducing quantitative restrictions and other
prohibitions and restrictions of economic nature;
18) body of pre-shipment inspection - any Russian or foreign juridical
person, determined by the Government of the Russian Federation in accordance
with the forth paragraph of Article 28 of the present Federal Law;
19) passport of foreign trade barter transaction - the document necessary to
control the foreign trade in goods services, works, intellectual property
exercised on the basis of foreign trade barter transactions;
20) pre-shipment inspection - the check of quality, quantity, price,
including its financial conditions, and (or) the correctness of encoding of
goods, intended for the importation to the territory of the Russian
Federation for customs purposes;
21) Russian service consumer a Russian person that orders or uses services
(works);
22) Russian service supplier a Russian person that supplies or renders
services (executes works);
23) Russian person any juridical person created in accordance with the
legislation of the Russian Federation, and also any natural person who
permanently or mainly resides in the territory of the Russian Federation and
either is a citizen of the Russian Federation or have a right of permanent
residence in the Russian Federation or similar authorisation,
as well as a physical person registered as an individual entrepreneur in
accordance with the legislation of the Russian Federation;
24) customs-tariff regulation - the instrument of the state regulation of
foreign trade in goods, exercised by introducing import and export customs
duties;
25) customs union - the substitution on the basis of an international treaty with
one or more foreign States or group of foreign States, of two or more customs
territories by a single customs territory, within which customs duties and
other restrictive regulations, with the exception, where necessary, of
application of regulations provided for by Articles 21, 32,38 and 39 of the
present Federal Law, are eliminated with respect to the foreign trade in
substantially all goods, or at least substantially all products originating
within the single customs territory; the customs duties and other restrictive
regulations applied by each member of the customs union with regard to the
foreign trade in goods with third States being substantially the same for all
members;
26) goods any movable property, being the object of foreign trade activity,
which is subsumed under the category of immovable property and also aircraft,
sea-going ships, inland and mixed navigation (river - sea) ships and
spacecrafts, as well as electricity and all other types of energy. Means of
transportation used under a contract on international transportation shall
not be considered as goods;
27) persons engaged in foreign trade activity - Russian or foreign persons
carrying out foreign trade activity;
28) export of goods the exportation of a commodity from the customs territory
of the Russian Federation abroad without the obligation to transport it back;
Article 3 Legislation on
Foreign Trade Activity
The state regulation of foreign trade activity shall be based on the
Constitution of the Russian Federation,
and exercised in accordance with the present Federal Law, other federal laws
and normative legal acts of the Russian
Federation, as well as by generally recognised
principles and rules of international law and international treaties of the Russian Federation.
Article 4 Basic Principles of
the State Regulation of Foreign Trade Activity
The basic principles of the State regulation of foreign trade
activity shall be:
1) the protection by the State of the rights and legitimate interests of the
persons engaged in foreign trade activity, as well as of the rights and
legitimate interests of Russian producers and consumers of goods and
services;
2) the equality and non-discrimination unless otherwise provided by a federal
law, of persons engaged in foreign trade activity;
3) the unity of the customs territory of the Russian Federation;
4) the reciprocity in relation to another State or group of States;
5) the ensuring of the execution of the obligations of the Russian Federation
under international treaties of the Russian Federation and the exercise of
the rights of the Russian Federation arising from such treaties;
6) the choice of measures of the state regulation of foreign trade activity
that are not more burdensome on the persons engaged in foreign trade
activity, than necessary to secure an effective achievement of the objectives
pursued by the application of measures of the state regulation of foreign
trade activity;
7) the transparency in the development, adoption and implementation of the
measures of the State regulation of foreign trade activity;
8) the reasonableness and objectivity in the implementation of the State
regulation of foreign trade activity;
9) the exclusion of unjustified interference of the State and its bodies in
foreign trade activity and of incurring damage to the persons engaged in such
an activity and the economy of the Russian Federation ;
10) the securing of the defence and safety of the
State;
11) the ensuring of the right to challenge in a court of law or through any
applicable complaints procedure any unlawful action or inaction by the State
bodies or their officials as well as to challenge any normative legal acts
that directly affect the right of the person engaged in foreign trade
activity to carry out foreign trade activity;
12) the unity of the system of the State regulation of foreign trade activity
13) the unity of application of the instruments of the State regulation of
foreign trade activity on the whole territory of the Russian Federation
Article 5 Trade policy of the
Russian Federation
1. The trade policy of the Russian
Federation shall form an integral part of the economic
policy of the Russian
Federation. The purpose of the trade
policy of the Russian
Federation shall be to create favourable conditions for Russian exporters, importers,
producers and consumers of goods and services.
2. The trade policy of the Russian Federation
shall be based on the observance of generally recognised
principles and rules of international law and obligations arising from
international trade treaties of the Russian Federation.
3. The trade policy of the Russian
Federation shall be exercised with the use
of the instruments of the State regulation of foreign trade activity,
foreseen in Article 12 of the present Federal Law.
Chapter II Competence and Powers of the Russian Federation and the Subjects of the Russian Federation
in the Field of Foreign Trade Activity
Article 6 Matters in the Field of
Regulation of Foreign Trade Activity Being in the Competence of the Russian Federation
In the field of foreign trade activity the
Russian Federation shall have the competence:
1) to develop concepts and strategy of the development of foreign trade
relations and fundamental principles of the trade policy of the Russian
Federation;
2) to safeguard economic sovereignty and economic interests of the Russian
Federation, economic interests of the Subjects of the Russian Federation and
Russian persons;
3) to the state regulation of foreign trade activity, including
customs-tariff and non-tariff regulation, as well as the to the regulation in
the field of certification of compliance of goods to the mandatory
requirements with relation to their importation into the territory of the
Russian Federation and exportation from the territory of the Russian
Federation;
4) to set up on the whole territory of the Russian Federation mandatory
requirements and criteria of safety and/or harmlessness for life and health
of citizens, property of physical or juridical persons, state and municipal
property, the environment, life or health of animals and plants, when
importing goods into the territory of the Russian Federation and rules of
their control;
5) to determine the regime of exportation from the territory of the Russian
Federation and importation into the territory of the Russian Federation of fissionable
nuclear materials, toxic agents, explosives, poisonous and psychotropic
substances, hazardous wastes, super potent narcotic drugs, biologically
active substances (donated blood, internal organs and other materials),
genetic materials (fungi, germ, virus culture, seeds material of animals and
human beings and other materials), endangered animals and plants, their parts
and derivatives, as well as other goods, which may have unfavourable
impact on health or life of citizens, health or life of animals and plants,
the environment;
6) to determine the regime of importation into the territory of the Russian
Federation and exportation from the territory of the Russian Federation of
precious metals and precious stones;
7) to coordinate the cooperation in the field of international space
activities and to control the development and the realization of
international space projects
8) to establish indices of statistical reporting of foreign trade activity,
mandatory on the whole territory of the Russian Federation;
9) to enter into international agreements of the Russian Federation in the
field of foreign economic relations;
10) to create, maintain and liquidate trade representative offices of the
Russian Federation in foreign States;
11) to take part in the activities of international economic organisations and to carry out the decisions taken by
those organisations;
12) to determine the regime of exportation from the territory of the Russian
Federation of the goods an integral part of which is the information
constituting an official secret.
Article 7 Matters of Joint Jurisdiction of
the Russian Federation and
the Subjects of the Russian
Federation in the Field of Foreign Trade
Activity
In the sphere of joint jurisdiction of the
Russian Federation and the Subjects of the Russian Federation in the field of
foreign trade activity shall be:
1) the coordination of foreign economic relations of the Subjects of the
Russian Federation;
2) the fulfilment of international treaties of the
Russian Federation in the field of foreign economic relations, if those
treaties affect matters being within the jurisdiction of the Subjects of the
Russian Federation, or powers of the Subject of the Russian Federation on
subjects of joint jurisdiction of the Russian Federation and the Subjects of
the Russian Federation;
3) the informational support of foreign trade activity.
4) The creation of insurance and mortgage funds in the field of foreign trade
activity;
5) The participation in the activities of especially created for these purposes
bodies of international organizations.
Article 8 Powers of the Subjects of the Russian Federation
in the Field of Foreign Trade Activity
Within the limits of their competence the
Subjects of the Russian Federation are entitled:
1) to conduct negotiations and to enter into agreements on the exercise of
foreign economic relations with the Subjects of foreign federal States,
administrative and territory entities of foreign States, as well as, after
the approval of the Government of the Russian Federation, with the bodies of
State power of foreign States;
2) to maintain their representatives in trade missions of the Russian
Federation in foreign States for the account of the budgets of the Subjects
of the Russian Federation on agreement with the federal body of executive
power mentioned in the third paragraph of Article 13 of the present Federal
Law and the Ministry for Foreign Affairs of the Russian Federation.
3) To create representative offices in foreign States in pursuit of the
realization of agreements on the exercise of foreign economic relations in
the order set forth by the legislation of the Russian Federation.
4) To carry out the formation and realization of regional programmes
on foreign trade activity.
Article 9 Cooperation of the Bodies of Executive
Power of the Russian Federation
and the Bodies of Executive Power of the Subjects of the Russian Federation
1. The federal body of executive power
mentioned in the third paragraph of Article 13 of the present Federal Law,
must coordinate its draft projects or programmes of
the development of foreign trade activity in the Russian Federation,
affecting the interests of the Subjects of the Russian Federation and being
within the limits of their competence, with the respective bodies of
executive power of the Subjects of the Russian Federation.
2. The bodies of executive power of the Subject of the Russian Federation in
a thirty-day period after submitting such draft project or programme for coordination, shall address an official
conclusion to the federal body of executive power mentioned in the third
paragraph of Article 13 of the present Federal Law.
3. Failure to submit an official conclusion by the body of executive power of
the Subject of the Russian
Federation shall be considered as its
consent with the draft project or programme
submitted for coordination.
4. Bodies of executive power of the Subject of the Russian Federation must
inform the federal body of executive power mentioned in the third paragraph
of Article 13 of the present Federal Law, on all actions undertaken by the
Subject of the Russian Federation on matters of joint jurisdiction of the
Russian Federation and the Subjects of the Russian Federation in the field of
foreign trade activity.
Chapter III Persons Engaged in the Foreign
Trade Activity
Article 10 Russian and Foreign Persons as
Persons Engaged in the Foreign Trade Activity
Any Russian and foreign persons have a
right to carry out foreign trade activity. This right may be restricted in
cases provided for by international treaties of the Russian Federation, the present
Federal Law and other federal laws.
Article 11 Participation of the Russian Federation, the Subject of the Russian Federation
and Municipal Entities in the Exercise of Foreign Trade Activity.
The Russian
Federation, the Subjects of the Russian Federation and municipal
entities shall carry out foreign trade activity directly only in cases set
forth by federal constitutional laws and other federal laws.
Chapter IV Principal Provisions on the
State Regulation of Foreign Trade Activity
Article 12 Instruments of the State
Regulation of the Foreign Trade Activity
1. The State regulation of foreign trade
activity shall be exercised in accordance with international treaties of the
Russian Federation, the present Federal Law, other federal laws and other
normative legal acts of the Russian Federation by means of:
1) customs-tariff regulation;
2) non-tariff regulation;
3) prohibitions and restrictions of foreign trade in goods, services and
intellectual property,
4) measures of economic and administrative nature promoting the development
of foreign trade activity and foreseen be the present Federal Law.
2. Other instruments of state regulation of foreign trade activity shall be
prohibited.
Article 13 Powers of the Bodies of State
Power of the Russian
Federation in the Field of the State
Regulation of Foreign Trade Activity
The President of the Russian Federation in
accordance with the Constitution of the Russian Federation and federal laws
shall:
1) determine the main directions of the trade policy of the Russian
Federation;
2) determine the regime of importation and exportation of precious metals and
precious stones;
3) introduce prohibitions and restrictions on foreign trade in goods,
services and intellectual property with the purpose of participation in
international sanctions;
4) exercise other powers.
The Government of the Russian Federation shall:
1) provide the implementation of the common trade policy in the Russian
Federation and implement measures on its realisation,
take appropriate decisions and provide for their implementation;
2) take special safeguards, anti-dumping and countervailing measures when
carrying out foreign trade in goods, as well as other measures for the
protection of economic interests of the Russian Federation;
3) determine customs-tariff rates within the limits provided for by a federal
law;
4) introduce quantitative restrictions on export and import of goods in
accordance with international treaties of the Russian Federation, federal
laws and determine the way of application of quantitative restrictions on
export and /or import of goods;
5) establish the permit procedure of export and/or import of certain types of
goods which can make an unfavourable impact on the
safety of the State, life and health of citizens, property of physical and
juridical persons, state and municipal property, the environment, life and
health of animals and plants, as well as determine the list of certain types
of goods which are subject to such procedure;
6) determine the procedure of licensing in the sphere of the foreign trade in
goods, and the procedure of formation and maintenance of federal bank of
issued licenses;
7) determine, on the proposal of the federal body of executive power
mentioned in the third paragraph of the present Article, the list of certain
types of goods the export and/or import of which is subject to supervision;
8) determine the procedure of supervision of export and/or import of certain
types of goods;
9) decide, within the limits of its competence, on the conduct of
negotiations and on signing of international treaties of the Russian
Federation;
10) decide on the introduction, as retaliatory measures with regard to
foreign States, of restrictions on foreign trade in goods, services and
intellectual property in cases provided for by the present Federal Law;
11) determine the procedure of importation into the territory of the Russian
Federation and exportation from the territory of the Russian Federation of
fissionable nuclear materials;
12) establish the procedure of exportation from the territory of the Russian
Federation of goods an integral part of which is the information constituting
an official secret;
13) approve the nomenclature of goods in foreign economic activity;
14) exercise other powers in the sphere of the State regulation of foreign
trade activity and the State control in this field conferred on it by the
Constitution of the Russian Federation, federal laws, decrees of the
President of the Russian Federation.
3. The development of proposals regarding the trade policy of the Russian
Federation, the state regulation of foreign trade activity, the conclusion of
international trade treaties and other treaties of the Russian Federation in
the field of foreign economic relations shall be exercised by the federal
body of executive power on which the Government of the Russian Federation,
within the limits of its competence, conferred the right to regulate foreign
trade activity. In case the interests of the Subjects of the Russian Federation are affected, the
development of the mentioned proposals shall be made with the participation
of the appropriate bodies of executive power of the Subjects of the Russian Federation.
4. The federal body of executive power mentioned in the third paragraph of
the present Article shall submit to the Government of the Russian Federation
proposals on the trade policy of the Russian Federation and promote the realisation of the objectives to safeguard economic
interests of the Russian Federation, the Subjects of the Russian Federation
and Russian persons, as well as implement measures related to the state
regulation of foreign trade activity.
5. The federal body of executive power mentioned in the third paragraph of
the present Article shall be the only body of state power which grants
licenses, set forth in Article 24 of the present Federal Law.
Article 14 Conclusion of International
Trade Treaties and Other Treaties of the Russian Federation in the Field
of Foreign Economic Relations
1. Proposals on the conclusion of international
trade treaties and other treaties of the Russian Federation in the field of
foreign economic relations shall be submitted in the order, set forth by the
Federal Law ¹ 101-FZ of 15 July 1995 On the International Treaties of the
Russian Federation, to the President of the Russian Federation or to the
Government of the Russian Federation by the federal body of executive power,
mentioned in the third paragraph of Article 13 of the present Federal Law,
jointly with the Ministry for Foreign Affairs of the Russian Federation or on
agreement with it.
2. Proposals on the conclusion of international trade treaties of the Russian Federation,
affecting matters of foreign economic relations, submitted by other federal
bodies of executive power shall be agreed upon with the federal body of
executive power mentioned in the third paragraph of Article 13 of the present
Federal Law. If needed to conduct consultations with the appropriate bodies
of foreign States or international organisations
with a view to prepare projects of such international treaties, such
consultations shall be conducted in the order provided for in the Federal Law
¹ 101-FZ of 15 July 1995 On the International Treaties of the Russian
Federation, in accordance with the federal body of executive power mentioned
in the third paragraph of Article 13 of the present Federal Law.
Article 15 Transparency in the Elaboration of Measures of State Regulation of
Foreign Trade Activity
1. When elaborating a normative legal act
of the Russian Federation affecting the right to carry out foreign trade
activity, the federal body of executive power responsible for its elaboration
shall invite the Subjects of the Russian Federation, Russian organisations and individual entrepreneurs whose economic
interests are affected by the adoption of such normative legal act (concerned
persons), to present their proposals and views on the matter to the said
body.
2. The federal body of executive power mentioned in the first paragraph of
the present Article shall decide on the way and form of conducting the
consultations, as well as on the way and form of making the procedure and the
results of the conduct of the consultations available to the concerned
persons and other persons, having presented their proposals and views.
3. When so required under international treaties of the Russian Federation, also the competent
authorities of other States or groups of States shall be invited to present
their views in the manner provided for by the provisions of the appropriate
international treaty of the Russian
Federation. Foreign organizations and
entrepreneurs shall also be invited to present their views in the manner
provided for by the provisions of the appropriate international treaty of the
Russian Federation.
4. The federal body of executive power mentioned in the first paragraph of
the present Article may decide not to conduct consultations pursuant to the
first and second paragraphs of the present Article, if there one of the
following conditions exists:
1) the measures foreseen in the draft normative legal act of the Russian
Federation, affecting the right to carry out foreign trade activity should
not be known to the general public before the date of its entry into force
and the conduct of consultations leads or would lead to failure to achieve
the objectives aimed at by such normative legal act, or
2) the conduct of consultations would lead to a delay in the enactment of the
normative legal act of the Russian Federation, affecting the right to carry
out foreign trade activity, that would cause substantial damage to the
interests of the Russian Federation.
5. The provisions of the first and second paragraphs of the present Article
shall not apply to the measures set forth by Article 27 of the present
Federal Law.
6. Failure to conduct consultations shall not lead to the invalidity of the
normative legal act of the Russian
Federation, affecting the right to carry
out foreign trade activity.
7. The provisions of the fourth and sixth paragraphs of the present Article
shall not apply to the elaboration of draft federal laws affecting the right
to carry out foreign trade activity, proposals to conclude international
trade treaties of the Russian Federation, as well as while determining the
procedure of quota administration in accordance with Article 23 of the
present Federal Law.
Article 16 Entry into Force of Normative
Legal Acts in the Field of Foreign Trade Activity
Normative legal acts in the field of
foreign trade activity shall enter into force after their official
publication in time-limits and in order provided for by the legislation of
the Russian Federation.
Article 17 Confidentiality
Bodies of state power and the officials of
the bodies of sate power of the Russian Federation exercising the activity
related to the state regulation of foreign trade activity must ensure
confidentiality of the information constituting state secret, commercial
secret or any other secret protected under law, and use the information
exclusively for the purpose for which such information was provided.
Article 18 The Right to Challenge in Court
Actions (Inactions) of a State Body or its Official
1. Person engaged in foreign trade activity
shall be entitled to challenge in a court of law the decision, action
(inaction) of a state body or its official, if he considers that such a
decision, action (inactions) infringes his rights, liberties or legitimate
interests, impedes realisation thereof or
unlawfully places upon him any obligations.
2. The decision, action (inaction) of a state body or its official shall be
challenged in a court of law, an arbitration court and in cases provided for
by the legislation of the Russian
Federation in a higher state body.
Chapter V State Regulation of Foreign Trade
Activity in the Field of the Foreign Trade in Goods
Article 19 Customs-Tariff Regulation
Customs duties on import and export shall
be established with a view to regulate the foreign trade in goods, including
to protect the internal market of the Russian Federation and to stimulate the
progressive structural changes in the economy, in accordance with the
legislation of the Russian Federation.
Article 20 Non-tariff Regulation
Non-tariff regulation of the foreign trade
in goods can be exercised only in the cases provided for in Articles 21 to
24, 26 and 27 of the present Federal Law and with the observance of the
requirements referred to in those Articles.
Article 21 Quantitative Restrictions
Established by the Government of the Russian Federation in Exceptional
Cases
1. Import and export of goods shall be
exercised without any quantitative restrictions except in cases provided for
by the second paragraph of the present Article as well as by other provisions
of the present Federal Law.
2. In exceptional cases the Government of the Russian
Federation may introduce:
1) temporary prohibitions or restrictions of export of goods, applied to
prevent or diminish critical shortages on the internal market of the Russian Federation of foodstuffs or other
products substantially important to the internal market of the Russian Federation.
The list of goods being substantially important shall be determined by the
Government of the Russian Federation;
2) import restrictions on any agricultural product or water biological
resources, imported into the territory of the Russian Federation in any form,
when it is necessary:
to restrict the production or the marketing of the like product of Russian
origin;
to restrict the production or the marketing of the like product of Russian
origin which can be directly substituted by the imported product, if there is
no substantial production of the like product in the Russian Federation; or
to remove a temporary surplus of the like product of Russian origin, by
making the surplus of such a product available to certain groups of Russian
consumers free of charge or at prices below the current market level;
to remove a temporary surplus of the product of Russian origin which can be
directly substituted by the imported product, if there is no substantial
production of the like product in the Russian Federation, by making the
surplus of such a product available to certain groups of Russian consumers
free of charge or at prices below the current market level; or
to restrict the production of any animal product the production of which is
dependent on the commodity imported into the territory of the Russian
Federation, if the production of that product in the Russian Federation is
relatively negligible.
3) Foodstuff and agricultural products for the purposes of the present
Article shall be determined by the Government of the Russian Federation.
Article 22 Non-Discriminatory Application
of Prohibitions and Restrictions
1. In case the present Federal Law provides for
the introduction of quantitative restrictions on export and/or import of
goods, those restrictions shall be applied without the distinction as to the
country of origin of goods, unless otherwise is provided by the present
Federal Law.
2. In cases of the distribution of quotas on import of goods between the
concerned foreign States when introducing quantitative restrictions on import
of goods, previous import from such foreign States can be taken into
consideration.
3. The provisions of the first and second paragraphs of the present Article
may not apply to the goods originating in foreign States or groups of States towards
which the Russian
Federation has no
reciprocal treaty obligation to accord treatment no less favourable
than that accorded to foreign States or groups of States.
4. The provisions of the present Article shall not apply to anti-dumping and
countervailing measures set forth in Article 27 of the present Federal Law.
5. The provisions of the first and second paragraphs of the present Article
shall not impede the observance of the obligations under international
treaties of the Russian
Federation on border trade, customs union
or free trade area.
Article 23 Administration of Quotas
The distribution of quotas when introducing
quantitative restrictions on import or export of goods shall be carried out
by means of conducting a competition or auction, or in the procedure for the
actual conduct of the import or export operations till the aggregate fulfilment of the quota, or on the basis of historical
deliveries i.e. taking into account past imports or exports of the said
goods, or by other methods. When deciding on the introduction of a quota the
Government of the Russian
Federation shall determine the method of
the distribution of a quota and establish in each case the procedure for
conducting a competition or auction. The distribution of quotas shall be based
on the principles of equal rights of persons engaged in the foreign trade
activity to obtain a quota and of non-discrimination among them on the
criteria of the form of ownership, the place of registration, or the position
on the market.
Article 24 Licensing in the Sphere of the
Foreign Trade in Goods
1. Licensing in the field of foreign trade
in goods (hereinafter licensing) shall be established while:
1) introducing temporary quantative restrictions on
export or import of certain types of goods;
2) realizing a special permit procedure of export and (or) import of certain
types of goods which may have unfavourable impact
on the safety of the State, the health or life of its citizens, property of
physical or juridical persons, state or municipal property, the environment,
life or health of animals and plants;
3) granting the exclusive right to import and (or) export of certain types of
goods;
4) fulfilling international obligations of the Russian Federation
2. The ground for the export and (or) import of certain types of goods in
cases referred to in the first paragraph of the present Article shall be a
license issued by the federal body of executive power, mentioned in the third
paragraph of Article 13 of the present Federal Law. The absence of the license
shall constitute the grounds for the refusal to admit the passage of goods
through the customs border by the customs authorities of the Russian Federation.
The federal body of the executive power, mentioned in the third part of
Article 13 of the present Federal Law shall form and monitor the federal bank
of issued licenses. The procedure of forming and monitoring the federal bank
of issued licenses shall be determined by the Government of the Russian Federation.
Article 25 Supervision of Export and/or
Import of Certain Types of Goods
1. The supervision of export and/or import
of certain types of goods shall be established as a temporary measure with
the purpose of monitoring the dynamics of the export and/or import of certain
types of goods.
2. The supervision of export and (or) import of certain types of goods shall
be carried out through issuing of permits on export and (or) import of
certain types of goods. The permits shall be issued without any restrictions
to any persons engaged in foreign trade activity, submitting an application,
the form of which is determined by the federal body of the executive power
mentioned in the third paragraph of Article 13 of the present Federal Law.
The period for issuing permit can not exceed three working days from the day
of application. The requirement to submit other documents than the
application, in order to receive the permit for export and (or) import of
certain types of goods, shall be prohibited. The absence of the permit shall
constitute the grounds for the refusal to admit the passage of goods through
the customs border by the customs authorities of the Russian Federation.
Article 26 Exclusive Rights to the Export
and/or Import of Certain Types of Goods
1. The right to carry out foreign trade
activity can be restricted through the introduction of exclusive rights to
export and/or import of certain types of goods.
2. The lists of certain types of goods to export and (or) import of which an
exclusive right is established, as well as of organizations being granted an exclusive
right to export and/or import of certain type of goods shall be determined by
federal laws.
3. An exclusive right to export and/or import of certain types of goods shall
be carried out on the grounds of a license. The licences
to the exercise of an exclusive right to export and/or import of certain
types of goods shall be issued by the federal body of executive power
mentioned in the third paragraph of Article 13 of the present Federal Law.
4. The transactions for export and/or import of certain types of goods
carried out without any licence to an exclusive
right to export and (or) import of certain types of goods shall be null and
void.
5) The organizations having been granted an exclusive right to export and
(or0 import of certain types of goods shall make the transactions for export
and/or import of certain types of goods basing on the principle of
non-discrimination and guided solely by commercial considerations.
Article 27 Special Safeguards, Anti-Dumping
Measures and Countervailing Measures
Special safeguard measures, anti-dumping
measures and countervailing measures in accordance with a federal law may be
introduced to protect the economic interests of Russian producers of goods
when importing goods.
Article 28 Pre-shipment inspection
1. The Government of the Russian Federation
shall be entitled to introduce a pre-shipment inspection, including the
issuance of a certificate of the passing of pre-shipment inspection, with
regard to certain goods, imported into the territory of the Russian Federation,
with a view to protect rights and interests of consumers, to take actions
against unfair practices of twisting the data on the goods imported into the
territory of the Russian Federation, including the undercutting of their
value. The pre-shipment inspection shall be introduced with regard to certain
goods on the term, not exceeding three years. The Government of the Russian Federation
while deciding if it is practicable to extend the term of exercising of the
pre-shipment inspection with regard to certain goods shall summarize and
analyze the practice and results of the application of such a measure.
2. The lists of goods regarding which a pre-shipment inspection is introduced
shall be determined by the Government of the Russian Federation.
3. The charges on the exercise of a pre-shipment inspection shall be born by
the importer of goods regarding which the pre-shipment inspection is
introduced. The Government of the Russian Federation at the same
time as deciding on the introduction of a pre-shipment inspection shall lower
the rates of customs duties on the goods subject to the introduction of such
an inspection.
4. The body of pre-shipment inspection shall be determined by the Government
of the Russian Federation
upon the results of a competition to provide services on pre-shipment
inspection and shall exercise its activity on the grounds of an agreement
with the Government of the Russian
Federation.
5. While choosing the body of pre-shipment inspection the following
characteristics shall be taken into account:
1) professional reputation;
2) sufficient manufacturing and professional resources;
3) experience in the field of providing services on pre-shipment inspection;
4) the value of the exercise of pre-shipment inspection.
6. The provision on the pre-shipment inspection shall be authorized by the
Government of the Russian Federation and shall include the time-limit of its
exercise, rights, duties and responsibilities of people, participating in a
pre-shipment inspection, the procedure for the settlement of disputes between
the body of pre-shipment inspection and the importer of goods, the procedure
of control of the activities of the bodies of pre-shipment inspection.
7. The pre-shipment inspection shall be exercised with the observance of the
following principles:
1) the transparency and openness;
2) the application of procedures and criteria used in course of pre-shipment
inspection, impartially and on the same basis with regard to all importers of
goods;
3) the check of quality and quantity of goods in accordance with the
requirements of the legislation of the Russian Federation;
4) the provision of importers of goods with the information on the
requirements, existing in the Russian Federation with regard to a
pre-shipment inspection;
5) the ensuring the confidentiality of the information received during
pre-shipment inspection.
8. The body of pre-shipment inspection shall exercise pre-shipment inspection
on the grounds of an application of an importer of goods in accordance with
the provision set forth in the sixth paragraph of the present Article, and
upon its results shall issue to the importer of goods the certificate of
pre-shipment inspection or shall take decision on a motivated refuse to issue
such a certificate.
9. The term of exercising pre-shipment inspection shall not as a rule exceed
three working days.
10. The import of goods subject to a pre-shipment inspection shall be carried
out only in the presence of a certificate of a pre-shipment inspection.
Article 29 National Treatment with respect
of goods originating from foreign States
1. In accordance with the legislation on taxes
and charges the introduction of differential rates for taxes and charges,
with the exception of customs duties, depending on the place of origin of
goods shall be prohibited.
2. Technical, pharmacological, sanitary, veterinary, phytosanitary
and ecological requirements as well as mandatory certification requirements,
shall apply to goods originating in the territory of a foreign State in the
same way as they apply to like goods of Russian origin.
3. Goods originating in the territory of a foreign State or group of foreign
States shall be accorded legal treatment no less favourable
than that accorded to the like products of Russian origin or to the directly
competitive product of Russian origin with regard to sale, offering for sale,
purchase, transportation, distribution or use on the internal market of the
Russian Federation. This provision shall not prevent the application of
differential transportation charges which are based exclusively on the value
of economic operation of the means of transport and not on the origin of the
product.
4. Goods originating in a foreign State or a group of foreign States that is
not bound by a treaty with the Russian Federation to accord such legal
treatment as mentioned in the second and third paragraphs of the present
Article may be made, according to the legislation of the Russian Federation,
subject to another regulatory treatment.
5. The provisions of the present Article shall not apply to the supply of
goods for governmental purposes.
Article 30 Payments Imposed in Connection
with Importation and Exportation
All charges established by the normative
legal acts of the Russian Federation, and imposed in connection with
importation or exportation of goods and not being customs duties or other
taxes shall be fixed so as not to represent an indirect protection to
products of Russian origin or taxation for fiscal purposes, but be limited to
the approximate cost of services rendered.
This Article shall apply to payments imposed in connection with importation
and exportation, including those relating to:
a) quantitative restrictions;
b) licensing;
c) exercise of exchange control;
d) statistical services;
e) certification of compliance by goods to compulsory requirements;
f) analysis and inspection, and
g) quarantine, sanitation and fumigation.
Article 31 Freedom of International Transit
1. Unless otherwise is provided for by
federal laws there shall be freedom of international transit via railway,
water, road transport , and air routes, the most convenient for international
transit. During the international transit no distinction shall be made which
is based on the flag of the vessels, the place of origin, departure, entry,
exit or destination, or on any circumstances relating to the ownership of
goods, of vessels or of other means of transport, unless otherwise provided
for by the present Federal law, other federal laws.
2. In accordance with the customs legislation of the Russian Federation, the certain types of goods
(means of transport) may be required to enter (exit) the customs territory of
the Russian Federation at
the proper customs house at the customs border of the Russian Federation and to move
through determined routes.
3. The present Article shall not apply to the operation of international
aircraft in transit, but it shall apply to air transit of goods.
Article 32 Measures Affecting Foreign Trade
in Goods and Introduced because of National Interests
1. Irrespective of the provisions of the
present Chapter and in accordance with international treaties of the Russian
Federation and federal laws, measures of non economic nature and affecting
the foreign trade in goods may be introduced because of national interests,
if those measures are:
1) necessary to protect public morals or maintain public order;
2) necessary to protect life or health of citizens, the environment, life or
health of animals and plants;
3) relating to the import or export of gold or silver;
4) imposed for the protection of cultural values;
5) relating to the conservation of exhaustible natural resources if such
measures are made effective in conjunction with restrictions on domestic
production or consumption, related to the use of exhaustible natural
resources;
6) necessary for the acquisition or distribution of goods in general or local
short supply
7) necessary to fulfil the international
obligations of the Russian Federation;
8) necessary to secure the defence and safety of
the State;
9) necessary to secure the observance of normative legal acts of the Russian
Federation which are not in themselves inconsistent with international
treaties of the Russian Federation, including those relating to:
a) the enforcement of customs legislation of the Russian Federation;
b) the presentation to customs agencies of the Russian federation together
with the cargo customs declaration, of certificates of recognition issued
pursuant to a mandatory certification requirement for goods;
c) the protection of the environment;
d) the obligation according to the legislation of the Russian Federation to
re-export or destroy goods that do not comply with technical,
pharmacological, sanitary, veterinary, phytosanitary
and ecological requirements;
e) the prevention and investigation of violations as well as relating to the
court proceedings and the enforcement of court decisions with regard to such
violations;
f) the protection of intellectual property;
g) the granting of an exclusive right pursuant to Article 26 of the present
Federal Law.
2. Measures mentioned in the first paragraph of the present Article shall not
be enacted or applied in a manner, which would constitute a means of
arbitrary or unjustifiable discrimination between States, or a disguised
restriction on the foreign trade in goods.
3. The provisions of the second paragraph of the present Article can not be
applied to goods originating in foreign States or groups of foreign States
towards which the Russian
Federation has no
reciprocal treaty obligation to accord treatment no less favourable
than that accorded to other States or groups of States.
Chapter VI State Regulation of Foreign
Trade Activity in the Field of Foreign trade in Services
Article 33 Foreign trade in Services
1. Foreign trade in services shall be
exercised through the following modes:
1) from the territory of the Russian Federation into the territory of a
foreign State;
2) from the territory of a foreign State into the territory of the Russian
Federation;
3) in the territory of the Russian Federation to a foreign service consumer;
4) in the territory of a foreign State to a Russian service consumer;
5) by a Russian service supplier not having constituting a commercial
presence on the territory of a foreign State through his presence or the
presence of persons authorized to act on his behalf on the territory of a
foreign State;
6) by a foreign service supplier not constituting a commercial presence on
the territory of the Russian Federation through his presence or the presence
of persons authorized to act on his behalf on the territory of the Russian
Federation;
7) by a Russian service supplier through commercial presence on the territory
of a foreign State;
8) by a foreign service supplier through commercial presence in the territory
of the Russian Federation.
2. Unless otherwise is provided by international treaties of the Russian
Federation, the foreign trade in services may be restricted by introduction
of prohibitions and restrictions affecting all or certain sectors of services
with respect to the modes of service supply, on the basis of federal laws and
other normative legal acts of the Russian Federation.
Article 34 National Treatment with Respect
of Foreign trade in Services
1. Unless otherwise provided by
international treaties of the Russian Federation, the present Federal Law or
other normative legal acts of the Russian Federation with regard to measures
affecting foreign trade in goods, foreign service suppliers and services
provided through the modes described in No 2, 4, 6 and 8 of the first
paragraph of Article 33 of the present Federal Law shall, with regard to
measures affecting the foreign trade in services, be accorded treatment no
less favourable, than that accorded to like Russian
service suppliers and services supplied within the territory of the Russian Federation.
Treatment shall be considered to be less favourable
if it modifies the conditions of competition in favour
of Russian service suppliers or services supplied within the territory of the
Russian Federation compared to the like foreign service suppliers and
services provided through the modes described in No 2, 4, 6 and 8 of the
first paragraph of Article 33 of the present Federal Law.
2. The provisions of the first paragraph of the present Article shall not
apply to the services supplied (works executed) for governmental purposes.
Article 35 Measures affecting foreign trade
in Services and Introduced because of National Interests
1. Irrespective of the provisions of
Article 34 of the present Federal law and in accordance with international
treaties of the Russian Federation and federal laws, measures, affecting the
foreign trade in services may be introduced if those measures are:
1) necessary to protect public morals or maintain public order;
2) necessary to protect life or health of citizens, the environment, life or
health of animals and plants;
3) necessary to fulfil the international
obligations of the Russian Federation;
4) necessary to secure the defence and safety of
the State;
5) necessary to provide the integrity and stability of financial system, to
protect rights and legitimate interests of investors, depositors, police
holders, financial service suppliers;
6) aimed at ensuring equitable or effective imposition or collection of taxes
in respect of foreign service suppliers and/or of services supplied through
modes described in No 2, 4, 6 and 8 of the first paragraph of Article 33 of
the present Federal Law;
7) implementing measures with regard to treaty provisions on the avoidance of
double taxation;
8) necessary to secure compliance with laws and regulations which are not in
themselves inconsistent with the provisions of the present Federal Law,
including those relating to:
a) the prevention and investigation of violations, as well as relating to
court proceedings and the enforcement of court decisions with regard to such
violations;
b) the prevention of deceptive and fraudulent practices or to deal with the
effects of a default on a services contract on the service supply;
c) the protection of the privacy of individuals in relation to the processing
and dissemination of personal data and the protection of confidentiality of
individual records and accounts.
2. Measures mentioned in the first paragraph of the present Article shall not
be enacted or applied in a manner which would constitute a means of arbitrary
or unjustifiable discrimination between States, or a disguised restriction on
foreign trade in services.
3. The provisions of the second paragraph of the present Article can not be
applied in respect of services, foreign service suppliers from foreign States
or groups of foreign States towards which the Russian Federation has no treaty
obligation to accord a treatment no less favourable
than that accorded to other States or groups of States.
Chapter VII State Regulation of Foreign
Trade Activity in the Field of Foreign trade in Intellectual Property
Article 36 Foreign trade in Intellectual
Property
1. The state regulation of foreign trade
activity in the field of foreign trade in intellectual property shall be
exercised in accordance with the present Federal Law.
2. In accordance with international treaties of the Russian Federation and
federal laws measures affecting foreign trade in intellectual property may be
introduced, if those measures are necessary to protect public morals or maintenance
of public order, life or health of citizens, the environment, life or health
of animals and plants, to fulfil international
obligations of the Russian Federation, to secure the defence
and safety of the State and in other cases provided for by the present
Federal Law.
Chapter VIII Special Types of Prohibitions
and Restrictions of the Foreign Trade in Goods, Services and Intellectual
Property
Artricle 37 Prohibitions and Restrictions of the
Foreign trade in Goods, Services and Intellectual Property for the Purpose of
Participation of the Russian
Federation in International Sanctions
In accordance with decrees of the President
of the Russian Federation foreign trade activity may be restricted through
measures, that are necessary for the participation of the Russian Federation
in international sanctions under the United Nations Charter, including
measures that derogate from the provisions of the first paragraph of Article
21, Articles 22, 29 to 31 and 34 of the present Federal Law.
Article 38 Restriction of the Foreign Trade
in Goods, Services and Intellectual Property for the Purpose of Safeguarding
the Balance of Payments
1. In order to safeguard external financial
position and the balance of payments of the Russian Federation the Government
of the Russian Federation may take decision to introduce restrictive
regulations of the foreign trade in goods, services and intellectual
property, including measures which derogate from the provisions of the first
paragraph of Article 21, Articles 22, 29 to 31 and 34 of the present Federal
Law. Such measures shall only be introduced or intensified when it is
necessary to:
1) stop serious decline in the monetary reserves of the Russian Federation or
forestall the imminent threat of a serious decline in the monetary reserves
of the Russian Federation;
2) achieve a reasonable rate of increase in the monetary reserves of the
Russian Federation, in case the monetary reserves are very low.
2. The measures referred to in the first paragraph of the present Article
shall be introduced only for the period as they are necessary to achieve
their goal, with regard for the international obligations of the Russian Federation.
3. While introducing restrictive regulations of the foreign trade in goods,
services and intellectual property, mentioned in the first paragraph of the
present Article, the Government of the Russian Federation shall
designate the federal body of executive power responsible for their
implementation.
4. The decision to introduce restrictive regulations of the foreign trade in
goods, services and intellectual property, mentioned in the first paragraph
of the present Article shall taken by the Government of the Russian
Federation on the proposal of the Central Bank of the Russian Federation.
Article 39 Restriction of the Foreign Trade
in Goods, Services and Intellectual Property Connected to the Measures of
Exchange Regulations
The foreign trade in goods, services and
intellectual property may be restricted by the measures of exchange
regulations or exchange control in accordance with the Articles of Agreement
of the International Monetary Fund and the legislation of the Russian Federation.
Article 40 Retaliatory Measures
1. The Government of the Russian Federation
may introduce measures restricting foreign trade in goods, services and
intellectual property (retaliatory measures), in case a foreign State:
1) fails to fulfil the obligations assumed by it
under international treaties before the Russian Federation;
2) takes measures infringing the economic interests of the Russian
Federation, the Subjects of the Russian Federation, municipal entities or
Russian persons, or the political interests of the Russian Federation,
including, in particular, measures that unreasonably deny access to foreign
market to Russian persons or otherwise unreasonably discriminate against
Russian persons;
3) fails to provide Russian persons with adequate and effective protection of
their legitimate business interests in that State, such as protection against
anti-competitive activities by other persons;
4) fails to take reasonable action to combat illegal behaviour
of natural or juridical persons of that State in the territory of the Russian
Federation.
2. Restrictions of the foreign trade in goods, services and intellectual
property mentioned in the first paragraph of the present Article shall be
introduced in accordance with the generally recognised
principles and rules of international law, international treaties of the
Russian Federation and within the limits necessary for efficient protection
of economic interests of the Russian Federation, the Subjects of the Russian
Federation, municipal entities and Russian persons. The mentioned
restrictions may derogate from the provisions of the first paragraph of
Article 21, Articles 22, 29 to 31 and 34 of the present Federal Law.
3. The federal body of executive power mentioned in the third paragraph of
Article 13 of the present Federal Law shall collect and generalize
information related to the violations by a foreign State of legitimate rights
and interests of the Russian Federation, the Subjects of the Russian
Federation, the municipal entities and Russian persons, mentioned in the
first paragraph of the present Article. If, after considering the acquired
information, the said federal body of executive power comes to the conclusion
that it would be practical to introduce retaliatory measures regarding the
violations mentioned in the first paragraph of the present Article, it shall
submit to the Government of the Russian Federation a report, adjusted with
the Ministry for Foreign Affairs, containing proposals on introduction of
retaliatory measures.
4. The decision to introduce retaliatory measures shall be taken by the
Government of the Russian
Federation. Before introducing retaliatory
measures the Government of the Russian Federation may decide to
conduct negotiations with the concerned foreign State.
Chapter IX Special Regimes for Carrying Out
Foreign Trade Activity
Article 41 Border trade
1. As a rule the border trade is exercised
on the basis of an international treaty of the Russian Federation with an
adjacent foreign State or group of adjacent foreign States establishing a
special favourable regime for the foreign trade
activity with respect to foreign trade in goods and services conducted exclusively
for satisfying the local needs with respect to goods and services produced
within the respective border territory and intended to be consumed by natural
persons having their residence, and juridical persons having a seat in that
territory. Such special favourable regime shall not
extend on other foreign States or groups of foreign States with which the Russian Federation
has treaties providing for treatment not less favourable
than that accorded to any other foreign State.
2. Border trade can be exercised between Russian persons having their
residence within the border territory of the Russian Federation and foreign
persons having their residence in the respective border territory defined in
international treaties of the Russian Federation with the adjacent foreign
States, exclusively for satisfying the local needs with respect to goods and
services produced within the appropriate border territory, as well as goods
and services intended to be consumed within the limits of the appropriate
border territory.
3. The regime of carrying out border trade and the appropriate border
territories on which extends special regime to carry out foreign trade
activity shall be determined by the Government of the Russian Federation in
accordance with international treaties of the Russian Federation with the
adjacent foreign States and federal laws.
Article 42 Free Economic Areas
A special regime for the economic activity,
including foreign trade activity, on the territory of free economic areas
shall be established by the federal law on the free economic areas.
Chapter X State Regulation of Foreign Trade
Barter Transactions
Article 43 Measures Related to Foreign
Trade Barter Transactions
1. In case of introduction in accordance with
the present Federal Law of prohibitions and restrictions on the foreign trade
in goods, services and intellectual property, such prohibitions and
restrictions shall apply to the foreign trade in goods, services and
intellectual property, carried out with the use of foreign trade barter
transactions.
2. On the grounds referred to in the first paragraph of Article 38 of the
present Federal Law the Government of the Russian Federation shall
introduce prohibitions and restrictions with regard to the use of foreign
trade barter transactions at the carrying out of foreign trade in goods,
services or intellectual property.
Article 44 Regime of Control of the
Exercise of Foreign Trade Barter Transactions
1. Foreign trade in goods, services and
intellectual property with the use of foreign trade barter transactions may
be exercised only on condition that these transactions provide for an
exchange of goods (services, works, intellectual property) equal in value, as
well as the obligation of the respective party to pay the difference in value
in case the transaction provides for the exchange of goods (services, works,
intellectual property) of different (unequal) value.
2. The regime of control of foreign trade barter transactions and their
registration shall be established by the Government of the Russian Federation. In case
foreign trade barter transactions provide for partial use of monetary and
(or) other methods of payment shall be established by the Government of the
Russian Federation and the Central bank of the Russian Federation in
accordance with the legislation of the Russian Federation.
Article 45 Special Features of Carrying out
Foreign Trade Barter Transactions
1. The document authorizing a foreign trade
barter transactions besides other conditions must contain:
1) the date of the execution and the number of foreign trade barter
transaction;
2) nomenclature, quantity, quality, price of goods on every commodity item,
term and conditions of export, import of goods. The contract for the supply
of complete equipment (the execution of works and supply of services) when
constructing complete objects abroad shall contain the price of goods due for
the exchange against the exported goods of equal value (further referred as
counter-goods), and the classification, quantity, quality and price of
counter-goods shall be concretized in the additional protocols which shall
form part of such contracts.
3) the list of services, works, intellectual property, their value, the term
of supply of services, of execution of works and of the transfer of exclusive
rights to the objects of intellectual property or the granting of the rights
to use the objects of intellectual property;
4) the list of documents submitted to a Russian person to confirm the fact of
the supply of services, execution of works and of the transfer of exclusive
rights to the objects of intellectual property or the granting of the rights
to use the objects of intellectual property.
2. Russian persons or the persons who on their behalf entered into a foreign
trade barter transaction, shall, in periods set forth by the legislation of
the Russian Federation until the execution of current currency obligations,
counted from the date when the exported goods actually pass through the
customs border of the Russian Federation or since the moment of supply of services,
of execution of works and transfer of exclusive rights to the objects of
intellectual property or the granting of right to use the objects of
intellectual property, provide for the importation in the customs territory
of the Russian Federation of goods, the supply of services, the execution of
works, and transfer of exclusive rights to the objects of intellectual
property or the granting of right to use the objects of intellectual
property, of equal value, as it is stipulated by such transactions, with the
confirmation of the fact of importation of goods (supply of services,
execution of works, transfer of exclusive rights to the objects of
intellectual property or the granting of right to use the objects of
intellectual property) by relevant documents as well as the receipt of
payment means and placing to accounts in authorized banks of the relevant
monetary means if the foreign trade barter transaction provides for partial
payment by monetary means.
3. In case the periods provided for in the present paragraph exceed and the
execution of the counter obligation by a foreign person by a means not
providing for the importation into the customs territory of the Russian
Federation of goods (the supply of services, the execution of works and
transfer of exclusive rights to the objects of intellectual property or the
granting of right to use the objects of intellectual property) shall be
allowed only on condition of obtaining a permit issued in order, determined
by the Government of the Russian Federation.
4. At the export of goods the execution of obligation by the Russian person,
foreseen in the second paragraph of the present Article shall be considered
as a requirement of export customs procedure.
5. At the exercise of foreign trade barter transactions according to the
contract for the supply of complete equipment (supply of services and
exercise of works) at the construction of complete objects in a foreign State
the counter goods may be marketed without their importation into the customs
territory of the Russian Federation, provided that:
1) the actual acquisition of counter goods shall be confirmed by relevant
documents;
2) the Russian persons must provide for the realization of goods at market
prices of the country of realization and the placing into their account at
the authorized bank on the territory of the Russian Federation of all incomes
from such realisation no later than 90 days since
the actual acquisition of counter goods.
6. The foreign trade in goods, services and intellectual property with the use
of foreign trade barter transactions may only be exercised after issuance of
a passport of foreign trade barter transaction, which among others shall
contain the information on payments in monetary means and/or other means of
payment, in case the foreign trade barter transaction is executed with the
partial use of monetary and/or other means of payment.
7. At the customs treatment of the goods passing through the customs boarder
of the Russian Federation
for the account of the carrying out foreign trade barter, the passport of
foreign trade barter transaction shall be presented to the customs
authorities of the Russian
Federation.
Chapter XI Promotion of the Development of
Foreign Trade Activity and Its Stimulation
Article 46 Arrangements Promoting the Development
of Foreign Trade Activity
The Government of the Russian Federation
and the bodies of executive power of the Subjects of the Russian Federation,
within the limits of their competence, shall, in accordance with
international treaties of the Russian Federation, the legislation of the
Russian Federation make the arrangements, including their necessary
financing, to promote the development of foreign trade activity, including
the ensuring of:
1) the crediting of persons engaged in foreign trade activity;
2) the functioning of the systems of guarantees and insurance of export
credits;
3) the organisation of trade exhibitions and fairs,
specialised symposia and conferences, and
participation therein;
4) the conduct of campaigns (including advertising campaigns) for the
promotion of Russian goods, services and intellectual property on
international markets.
Article 47 Information Support for Foreign
Trade Activity
1. For the purposes of developing and
raising the efficiency of the foreign trade activity there shall operate a
system of foreign trade information managed by the federal body of executive
power mentioned in the third paragraph of Article 13 of the present Federal
Law.
2. The foreign trade information system shall contain the following
information:
1) on Russian and foreign persons carrying out foreign trade activity on the
Russian market;
2) on Russian and foreign persons that have received quotas and licences;
3) on international trade treaties and other treaties of the Russian
Federation in the field of foreign economic relations;
4) on Russian and foreign legislation in the field of foreign trade activity;
5) on the activity of the trade representations of the Russian Federation
abroad;
6) on the activity of the Russian import-export bank and other organisations which render the services of awarding
credit and insurance in the field of foreign trade activity;
7) on the customs statistics of foreign trade of the Russian Federation;
8) on the state of foreign markets with regard to the main commodities
groups;
9) on the legislation of the Russian Federation in the field of technical
regulation;
10) on violations of the law in the field of foreign trade activity;
11) on the list of goods that are prohibited from importation into the
territory of the Russian Federation and from exportation from the territory
of the Russian Federation;
12) any other data useful for conducting foreign trade activity.
3. The federal body of executive power mentioned in the third paragraph of
Article 13 of the present Federal Law must, within reasonable time, furnish
the necessary foreign trade information to a Russian or foreign person
participating in foreign trade activity, charging a fee therefore, the fee
being equal to the value of services on supply of such information.. The full
sum received thereof shall be entered on the federal budget income.
4. In accordance with the obligations arising from international treaties of
the Russian Federation,
the federal body of executive power mentioned in the third paragraph of Article
13 of the present Federal Law shall be responsible for providing foreign
States and international organisations with
information on measures regulating foreign trade activity.
Article 48 Foreign Trade Statistics
1. The Government of the Russian Federation, jointly with the Central
Bank of the Russian
Federation, shall ensure the creation of
the federal system of statistical reporting, the collection and elaboration
by a single methodology of statistical data comparable at the international
level. This shall include the information:
1) on the foreign trade of the Russian Federation on the basis of state
statistical reporting and the customs statistics of foreign trade of the
Russian Federation, including the trade balance of the Russian Federation;
2) on the payment balance of the Russian Federation, including the statistics
of the foreign trade in goods, services, intellectual property, movement of
capital.
2. The Government of the Russian Federation,
jointly with the Central Bank of the Russian Federation, shall ensure
the monthly, quarterly and yearly official publication of the statistical
information mentioned in the first part of the first paragraph of the present
Article.
Article 49 Ensuring Favourable
Conditions for the Access to External Markets of Russian Persons
The Government of the Russian Federation
shall take measures to create favourable conditions
for the access of Russian persons to the markets of foreign States, entering,
in particular, for these purposes into bilateral and multilateral
negotiations and concluding international treaties of the Russian Federation,
and also participating in the creation and activity of international organisations and intergovernmental commissions intended
to promote the development of the foreign economic relations of the Russian
Federation with foreign States.
Article 50 Ensuring foreign economic
interests of the Russian
Federation in Foreign States
1. The trade and economic interests of the Russian Federation in foreign States shall be
ensured by diplomatic and consular missions of the Russian
Federation as well as by the trade representations of
the Russian Federation
created on the basis of international treaties of the Russian Federation.
2. Decisions related to the establishment of trade representations of the Russian Federation in foreign States shall be
taken by the Government of the Russian Federation.
Article 51 Missions of Foreign States on
Trade-and Economic Issues in the Russian Federation
Missions of foreign States on
trade-and-economic issues shall be established in the Russian Federation on the basis of
international treaties concluded by the Russian Federation with the
relevant foreign States.
Chapter XII Control of the Exercise of
Foreign Trade Activity, Responsibility for the Violation of the Legislation
of the Russian Federation
on Foreign Trade Activity
Article 52 Control of the Exercise of
Foreign Trade Activity
Control of the exercise of the foreign
trade activity shall be carried out by appropriate bodies of state power of
the Russian Federation, and bodies of state power of the Subjects of the
Russian Federation, within the limits of their competence in order to ensure
the observance of the provisions of the present Federal Law, other federal
laws and other normative legal acts of the Russian Federation on foreign
trade activity, to ensure and protect economic and political interests of the
Russian Federation, the Subjects of the Russian Federation, as well as
economic interests of municipal entities and Russian persons.
Article 53 Responsibility of Persons Guilty
of Infringement of the Legislation of the Russian Federation on Foreign
Trade Activity
Persons guilty of infringement of the
legislation of the Russian Federation on foreign trade activity shall bear
civil-legal, administrative and criminal responsibility in accordance with
the legislation of the Russian Federation.
Chapter XIII Final and Transitory
Provisions
Article 54 Entry into Force of the Present
Federal Law
1. The present Federal Law shall enter into
force on the expiry of the six month period after its official publication
with the exception of the fourth paragraph of Article 45 of the present
Federal law.
2. The fourth paragraph of Article 45 of the resent Federal Law shall enter
into force the day of entry into force of Customs Code of the Russian
Federation ¹ 61-FZ of 28 May 2003, but nor sooner than the present Federal
law enters into force..
3. From the date the present Federal Law enters into force
the Federal Law No. 157 of 13 October 1995 on State Regulation of Foreign
Trade Activity (Collection of the legislation of the Russian Federation,
1995, No 42, pp. 3923),
the Federal Law No 96 of 8 July 1997 On the Amendments to the Federal Law of
State Regulation of Foreign Trade Activity (Collection of the legislation of the
Russian Federation, 1997, No 28, pp. 3305),
the fourth and fifth parts of the first paragraph and the second paragraph of
Article 1, the ninth and tenth paragraphs of Article 2, Chapters 5 and 6 of
the Federal Law ¹ 63-FZ of 14 April 1998 "On measures for the protection
of economic interests of the Russian Federation in the exercise of foreign
trade in goods" (Collection of the legislation of the Russian
Federation, 1998, No 17, pp. 1798);
Article 3 of the Federal Law No 32 of 10 February 199 On Amendments to
legislative acts of the Russian Federation arising from the Federal Law on
Production Sharing Agreements (Collection of the Legislation of the Russian
Federation, 1999, No 7, pp.879)
article 13 of the federal Law ¹ 110-FZ of 24 July 2002 "On amendments to
the second part of the Tax Code of the Russian Federation and some other
legal acts of the legislation of the Russian Federation" (Collection of
the legislation of the Russian Federation, 2001, No 20, pp. 3027).
4. Pending the harmonization of normative legal acts, in force on the
territory of the Russian Federation and regulating the relations connected
with the state regulation of foreign trade activity, with the present Federal
Law, those normative legal acts shall be applied in measure they do not
contradict the provisions of the present Federal Law.
The President
of the Russian Federation
V. Putin
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