Doing business in Russia. Павел Игоревич Герасимов
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Federal Customs Service is a united centralised organisation, which is answerable to the Government of the Russian Federation. It is responsible for control of imported and exported goods in the Russian Federation; the collection of customs payments, anti-dumping and compensations duties; the compilation of statistics; the prevention and restraint of cross-border fraud and the violation of the currency control regulation. The Federal Customs Service is a huge organisation employing tens of thousands of people and is responsible for the major source of state revenues. It is often criticised for being a difficult and unpredictable organisation. Yet, as governmental e-services spiked in Russia in recent years, many of the services are provided via the Federal Customs Service website, accelerating the decision-making process and making it more transparent.
Import
Goods may be imported into the Russian Federation through the entry points on the Russian border. Some goods, however, e. g. alcohol, tobacco or meat, can be imported only through specially designated places.
As a general rule, goods entering the Russian Federation can be imported without any restrictions. There is, however, a rather narrow list of goods which can only be imported with the authority of a licence granted by the Government such as, e. g. alcohol, encryption systems or military objects. In some cases the Government imposes quotas or special duties on particular goods. This normally includes such goods as meat, fish or products of agriculture.
Since accession to the WTO, number of import quotas has been gradually falling, quotas being effectively replaced by import tariffs. Still, at the moment this report is being written quotas are imposed on several categories of goods, like metal or meat.
In 2021, however, several important changes in customs legislation come in force. Firstly, from 1 January 2021, customs duties are to be paid simultaneously with customs reporting unless the goods are imported from another EAEU Member State. Also, new rules are set for expertice of imported items of cultural and artistic values and some medical products. In February 2021 (with a follow-up in April 2021) new rules for filing a customs declaration come into force, and from 1 March 2021, additional marks in paperback documents will not be made in case of electronic customs declaration filing.
Since spring 2022, the authorities have legalized parallel imports into the Russian Federation at the federal legislative level, protecting Russian companies that import goods without the permission of the copyright holder from possible civil, administrative and criminal liability.
The Constitutional Court spoke in favor of allowing parallel imports in Russia several years ago. The Constitutional Court Resolution of 13.02.2018 No. 8–P stated that such a mechanism can be used to import vital goods: medicines, equipment for life support of the population, and the like.
However, until the beginning of 2022, arbitration courts in most cases still recognized parallel imports as illegal. Thus, the Arbitration Court of the Moscow Region prohibited individual entrepreneur Marina Lobanova from selling Swiss Curaprox toothbrushes without the permission of the copyright holder (case No. A41–54785/2021). The individual entrepreneur was ordered to pay 400,000 rubles in favor of the foreign company. This compensation was awarded because Lobanova sold goods in Russia on Wildberries t
at were intended for shipment only to the Czech Republic, Germany, Estonia, Great Britain, Italy, Kuwait and Thailand. The appeal recognized this approach as legal.
The situation changed after February 24, 2022, when Western countries-imposed sanctions against Russia, and some foreign companies on their own initiative refused to supply goods to the Russian Federation. Then the authorities decided to quickly legalize parallel imports:
· March 8, 2022 – Federal Law No. 46–FZ was adopted. In paragraph 13, Part 1 and Part 2 of Article 18, the Government of the Russian Federation or another body on behalf of the government is granted the right to determine the list of goods that can be imported through parallel imports. March 29, 2022 – Resolution No. 506 of the Government of the Russian Federation was adopted, according to which the Ministry of Industry and Trade was approved as the body responsible for forming the list.
· April 19, 2022 – Order No. 1532 of the Ministry of Industry and Trade was issued and a list of specific goods that can be imported under this scheme was determined.
· July 21, 2023 – a new Order No. 2701 of the Ministry of Industry and Trade was approved, which comes into force in November. It specifies the list of goods that can be imported under parallel import.
In its acts, the Ministry of Industry and Trade compiled a list of goods that can be imported into the territory of the Russian Federation without the permission of the copyright holder. Over the past year and a half, this list has been updated more than five times, and now it includes products from several hundred foreign enterprises.
Parallel import of which goods is permitted:
· Any brands of clothing and footwear.
· Rubber and rubber products, soap, detergents, plastics.
· Salt.
· Pharmaceutical products from O. B. and Carefree.
· Electronics from Apple, Samsung, HP, Intel, Siemens, Asus, GoPro, Panasonic, Electrolux.
· Household appliances from Electrolux, Miele, Siemens, Dyson, Philips and Zanussi.
· Equipment for various industrial sectors.
· Game consoles XBox, PlayStation, Nintendo.
· Children's goods Hasbro, Mattel, Logitech and Nintendo.
· Cars of various classes and spare parts for them: Tesla, Land Rover, Chrysler, Bentley, Hummer, Rolls-Royce, Toyota, Skoda, Volkswagen and others.
Goods are considered to originate in a country where they were wholly produced or largely processed. Documentary evidence, in the form of a certificate of origin, is normally 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 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