Doing business in Russia. Павел Игоревич Герасимов

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 the acquisition of a Russian company by a foreign entity is regulated by the same rules as those applicable to domestic acquisitions. There are, obviously, some restrictions to the access of foreign entities to areas of national interest, such as cryptography, national security, trading in certain products and technologies etc. At the same time Russian law as it stands at the moment assumes the necessity for state protection over domestic companies in certain areas such as exploration of natural resources, banking, insurance and some others.

      The amount of participation (quotas) of foreign capital in the banking system is fixed. The quota is calculated as a ratio of the total capital belonging to non-residents in the registered capitals of credit organisations with foreign investments and the capital of branches of foreign banks to the aggregate registered capital of credit organisations registered on the territory of the Russian Federation. Upon reaching the quota the Bank of Russia suspends the issue of licences for banking operations to banks with foreign investments and branches of foreign banks. Currently the quota is 50%, a maximum level allowed by Russia's WTO membership.

      A credit organisation must obtain the preliminary permission of the Bank of Russia for:

      · placement of its shares among non-residents; or

      · for an alienation of its shares to non-residents.

      Resident shareholders of a credit organisation must also obtain consent from the Central Bank for an alienation of their share to non-residents. Failure to obtain such permission will lead to the invalidity of the transaction.

      Similarly, an insurance company must obtain prior consent from the Federal Service for Insurance Supervision to increase their share of the registered capital formed out of non-resident resources, for an alienation of their stocks to non-residents, and resident participants for an alienation of their stocks to non-residents. Such consent will not be given to insurance companies, the subsidiaries of foreign entities, or those with more than 49% foreign shareholding, or those who obtain such participation as a result of the transaction if the quota of foreign capital in the insurance system has been reached. Currently the quota is 25%.

      The Russian legislation restricts the purchase by foreign persons of the shares of domestic enterprises in certain areas. For example, no more than 20% of ordinary shares of gas companies can be sold to foreign entities. Foreign companies and individuals or Russian companies with more than 50% of foreign shareholders may not own agricultural land. Federal Law No.57 of 29 April 2008 restricts foreign investments in those Russian companies operating in certain «strategic» areas, such as construction, production and the trade of arms and military equipment, and technologies and space related activities. Strategic areas also include construction, manufacturing and the repair of aircraft, TV and radio broadcasting and other telecommunication services (excluding the internet), research and exploration