The system of regulation of foreign trade. Regulation of foreign economic activity in Russia
"State regulation
foreign economic activity".
The main directions, forms and methods of state regulation of foreign economic activity. One of the most important trends in the development of world economic ties is the diversification of forms of cooperation. The traditional forms of VEO usually include foreign trade and investment cooperation associated with the movement of financial flows in the form of exports and imports of capital. Scientific and technical cooperation and industrial cooperation is distinguished either within the framework of the latter direction, or as independent forms. Another form of FEO that is of interest from the point of view of state regulation is monetary and financial relations. Thus, speaking about the system of foreign economic relations as a whole, the following main areas of their state regulation can be distinguished: foreign trade, investment, related to export-import capital flows (including scientific and technical cooperation and industrial cooperation) and monetary and financial.
Depending on the method of state influence on foreign economic relations, one can distinguish between administrative and economic forms regulation.
The former include methods of direct, direct impact, which are mainly restrictive. For example, the establishment of quotas, the use of licenses, the application of various reservations and restrictions, etc.
Economic regulation is associated with the impact on the economic interests of participants externally economic activity through the use of economic measures - taxes, customs duties and fees, bank interest rates, exchange rates, etc.
The ratio of economic and administrative forms of influence determine the nature of the foreign economic policy of the state.
There are protectionist, moderate and open economy policies, sometimes called the policy of free trade or free trade (which, in our opinion, is not entirely accurate, because in addition to trade, the system of relations with the world economy in the investment and monetary and financial spheres is also important). Each of these concepts is modern conditions very relatively.
It should be noted that in its pure form, extreme cases (protectionism or an open economy) do not occur. Although in different periods of development, individual states came very close either to a complete cessation of foreign economic relations (North Korea, Albania), or to complete liberalization (Iceland, Hong Kong).
The presence of administrative forms of influence on participants in foreign economic relations, as a rule, is associated with the implementation of protectionist or moderate foreign economic policies, which are typical for many developing countries and countries with economies in transition that are forced to protect their own national industry.
At the same time, individual elements of protectionism (based primarily on economic forms of influence) are also characteristic of industrialized countries, especially in the field of agricultural protection.
Foreign economic policy, which is moderate in nature, involves a combination in some proportions of elements of an open economy and protectionism.
Specific methods and instruments of state regulation are associated with the implementation of certain areas of foreign economic activity.
State regulation of foreign trade. The main form of foreign economic relations (in terms of dynamics and cost indicators) is considered to be foreign trade. State regulation of foreign trade relations is associated with the implementation of tariff and non-tariff methods (barriers).
Tariff methods are aimed at regulating foreign trade relations with the help of a system of customs duties.
Customs duty is a kind of excise tax levied by the customs authorities when goods are moved across the state border. There, the duty performs three main functions:
fiscal - replenishment of the state budget;
protectionist - protection domestic manufacturers;
regulatory, associated with the regulation of commodity flows into and out of the country.
Customs duties are based on customs tariffs, which are a list of customs duty rates applied to goods imported into the customs territory of the country (import customs tariff) or exported from it (export customs tariff). The customs tariff of the Russian Federation is systematized in accordance with the Commodity Nomenclature for Foreign Economic Activity (TN VED), based on the Harmonized Commodity Description and Coding System (HS), which has been in force on the basis of the international Convention since 1988.
Customs tariff is an important tool trade policy and state regulation the domestic market of the country in its interaction with the external market.
There are different types of classification of customs duties. The most common is according to the object of taxation - import, export, transit are allocated; according to the method of collection - ad valorem (charged as a percentage of the customs value of the goods), specific (charged in monetary units from a certain amount of goods), combined (at the same time, the duty is calculated at the ad valorem and specific rates, and the one of the two rates that gives the most a large sum duties.
Non-tariff barriers - restrictions on foreign trade that are not related to the application of customs duties. There are various approaches to the classification of non-tariff barriers. Among international organizations, UNCTAD and UN classifications stand out.
In the most general form, the following groups can be distinguished among non-tariff methods:
measures of direct restriction related to quantitative control, including the following tools: quotas, quotas, licensing, agreements on voluntary export restrictions, anti-dumping duties, countervailing duties and fees;
measures of indirect restriction, which are of a non-quantitative nature, among which two methods (directions) of influence can be distinguished:
a set of measures not directly aimed at any restrictions
foreign trade relations, but their very existence and action actually leads to this:
a) the existence of certain standards (technical, including quality standards, sanitary and veterinary standards, requirements for packaging, labeling, delivery);
b) introduction of additional customs or other administrative formalities; the lack of opportunities to apply the national regime to foreign firms and entrepreneurs (different tariffs for paying for cargo and passenger flows, permission for the movement of goods by foreigners only through certain ports and railway stations, etc.)
a set of financial measures regulating import-export flows:
a) special rules for import charges
b) multiple exchange rates
c) restrictions on the accumulation of foreign currency
d) import deposits
e) deferral of import payments
f) subsidizing and crediting exports.
A special place among non-tariff methods is occupied by para-tariff barriers. Para-tariff barriers - a kind of non-tariff barriers that increase the cost of imported goods in excess of customs duty (by a certain percentage or by a certain amount per unit of goods). This category of trade barriers includes:
internal taxes and fees imposed on imported goods (in the Russian Federation value added tax)
various customs fees that do not have a domestic analogue (including fees for customs clearance, storage, customs escort, as well as a registration fee for import vehicles and other charges), special taxes, additional duties imposed to improve financial position state or protection of national production
decreed customs valuation - establishment of the customs value of certain goods used for the calculation of customs duties and fees, in an administrative manner.
The World Trade Organization (WTO) seeks to limit as much as possible the use of non-tariff barriers in world trade. In accordance with Article 111 of the General Agreement on Tariffs and Trade (GATT), the taxation of imported goods must be carried out on the basis of national treatment. According to Art. XIII GATT rules customs clearance should not impede foreign trade. By 2000, WTO member countries are planning to abandon voluntary export restrictions, by 2005 - to stop quotas for textile trade.
The remaining quantitative restrictions on trade (primarily in agricultural goods) were subjected to tariffs, i.e. converted into tariff equivalents.
In developed countries, a number of types of quota products are subject to relatively low duties, and products imported in excess of these quotas are subject to consolidated tariffs, which are the tariff rate plus tariffed non-tariff restrictions.
If it is necessary to use non-tariff barriers GATT / WTO, it is recommended to give preference to financial measures.
Tariff and non-tariff methods of regulation form the basis of the protectionist policy of the state.
State regulation of the movement of capital and monetary and financial relations. An important area of foreign economic relations of the state is the regulation of foreign investment and the process of export of capital (foreign investment of residents).
A characteristic feature of the movement of capital at the present stage is the inclusion of an increasing number of countries in the process of export and import of capital. At the same time, most countries of the world market economy simultaneously act as both exporters and importers of capital investments.
However, if world trade has a steady tendency to annual growth, in the interstate movement of capital in their various forms (direct, portfolio, loan investments) there may be significant fluctuations depending on the world economic situation. At the same time, in most countries of the world, in modern conditions, a trend is revealed that is associated with an outpacing of the dynamics of growth in the volume of foreign investment in comparison with the dynamics of the development of the domestic economy.
From the point of view of regulation, two directions of state influence can be distinguished:
foreign investment in the national economy;
investments of residents in the economy of other countries (foreign investment).
The first direction is associated with the creation of a specific system aimed at attracting (in some cases limiting), stimulating and controlling foreign investment in the national economy.
The system of regulation of foreign investment is associated with the creation of institutional structures and a set of measures implemented by them aimed at improving the efficiency of the state policy in relation to investment from abroad.
Despite the general trend towards liberalization of the regime for receiving foreign investment, almost all countries regulate this process to one degree or another. Since, on the one hand, the import of capital means attracting additional financial and material resources to the national economy, which expands the possibilities of accumulation in the country and improves the conditions for its economic growth. On the other hand, an excessive uncontrolled infusion of foreign investment can lead to a threat to national security associated with the transfer of a number of important economic objects into the hands of foreign owners, which limits the ability of national capital to operate; in addition, the volume of profits exported by foreign companies (including dividends, interest, royalties).
At the same time, most countries of the world market economy are pursuing a policy aimed at attracting foreign capital. Therefore, in general, according to the method of influencing foreign investment, two groups of methods can be distinguished:
working to attract foreign investment;
working to limit foreign investment.
The first group includes the following measures:
tax and customs privileges;
guarantees against the nationalization of foreign property;
the possibility of repatriation of profits;
granting concessions.
To the second:
limiting the share of foreigners in the authorized capital of companies;
determination of areas of economic activity available for foreign capital, including when creating joint ventures;
application of various reservations regarding the establishment of enterprises with foreign investment; - application of restrictions regarding the repatriation of profits and capitals;
establishment of conditions stipulating the need to use local factors and components of production.
In the practical activities of the state, a combination of measures from both groups is usually used. Depending on the current tasks and goals of the national economy, the emphasis can be placed either on attracting foreign investment (in this case, most of the measures of the first group are used with separate inclusions of restrictive measures that allow regulating certain aspects of the activity of foreign investors), or on limiting their inflow. In the latter case, the focus is mainly on the measures of the second group; in real practice, this is quite rare.
In order to create a favorable investment climate for foreign investment, not only national, but also more preferential treatment can be introduced. At the same time, along with the measures of the first group aimed at attracting foreign investment, additional tools can be used to stimulate the functioning of foreign investment. There are three types of these instruments:
Tax, including: tax incentives, accelerated depreciation, changes in tax rates for certain enterprises, customs incentives for importing equipment, tax holidays (subject to granting the status of "pioneer").
Financial - obtaining loans and credits, provided depending on the fulfillment of certain conditions, allowing to solve some socio-economic problems at the level of central or local governments, as well as the allocation of funds for the training and retraining of personnel employed in enterprises with foreign investment (FDI).
Non-financial - allowing to generally improve the investment climate and thereby create more favorable conditions for foreign and national investors: the creation of telecommunications networks, means of communication, information systems, construction of roads, organization of free economic zones (FEZ).
In general, the system of measures of state regulation can be represented as follows:
The second direction of state influence is the regulation of the export of capital - the process of exporting investments by residents abroad. Officially, capital can be exported abroad in the form of direct and portfolio investments, in the form of loans - in the form of loans, in the form of placement of capital of legal and individuals on bank deposits and various accounts. In developed countries, state regulation of the export of capital is a set of measures of state support for the export of capital, primarily direct investment: these are measures of information and technical support for investors - assistance in finding a foreign partner, in organizing a preliminary feasibility study of a project, analyzing a business plan, in the implementation of investment projects, in the financing of investments - participation in capital, the provision of tax incentives, lending, and especially insurance.
Sometimes capital is exported abroad, not so much because of increased profits, but because of the motives of preserving it by placing it in more stable and reliable conditions. In the latter case, one speaks of "flight" or "leakage" of capital abroad. The main reason for "capital flight" is the absence of a favorable investment climate. As world experience shows, this phenomenon occurs primarily in those countries where there is political instability, high taxes, inflation, and there are no guarantees for investors.
In addition to official channels, capital can also be exported abroad unofficially. The latter form includes the export abroad of illegally obtained (criminal) capital.
Illegal methods of transferring capital abroad are associated with the peculiarities of national legislation and state regulation of this sphere. In Russia, for example, these include depositing export earnings in the accounts of foreign banks, understating export prices and overstating import prices, which is especially actively used in barter transactions, advance payments under import contracts without subsequent delivery of goods, crediting foreign currency to foreign accounts of Russian residents , it is also possible to export capital in the form of cash foreign currency.
State regulation of the export of capital should be aimed at reducing the volume of illegal export of capital, for which it is necessary, first of all, to take measures to improve the investment climate in the country.
A special place in the system of state regulation of foreign economic activity is occupied by currency regulation. Currency regulation may include currency restrictions. In terms of the final effect, they are close to quantitative restrictions, therefore they are sometimes considered as a kind of non-tariff regulatory instruments. Currency restrictions may regulate the operations of residents and non-residents with currency or currency values. They are associated with the application of restrictions on the transfer of foreign exchange funds abroad on capital and (or) current items of the balance of payments, with restrictions on the ability of residents to buy foreign goods, services, and provide loans abroad. Currency restrictions may apply to both foreign trade and the movement of capital. Currency restrictions are part of the currency control exercised by the government. Currency control - system government measures who control all transactions between the country and the rest of the world, which includes control over the legality of foreign exchange transactions, the timely return of currency for export transactions, the correctness of settlements for import transactions, etc. In the context of a sharp deterioration in the external economic situation and an increase in the balance of payments deficit, even industrialized countries are taking measures to tighten foreign exchange restrictions, especially in relation to the export of capital. This is due to the desire to secure current payments with the help of available foreign currency. Similar measures are used by countries with economies in transition and developing countries that seek to use their foreign exchange earnings to cover priority economic needs.
Regulation of foreign economic activity
Introduction
Foreign economic activity is becoming an increasingly important factor in the development of the national economy and the economic stabilization of the republic. Now there is practically no industry in industrialized countries that would not be involved in the sphere of foreign economic activity.
At all historical stages of the development of the state, foreign economic activity influenced the solution of economic problems at various levels: the national economy as a whole, individual regions, associations, and enterprises. As part of the general structure of the national economy, foreign economic activity affects the improvement of intra-economic proportions, the location and development of production forces. No country has yet managed to create a healthy economy by isolating itself from the world economic system.
The development of foreign economic activity plays a special role in modern conditions, when the process of integrating the economy into world economy. Russia is pursuing a policy of consistent development of mutually beneficial trade with all foreign countries that are ready for this. The development of foreign economic activity is very important both for the whole country and for each enterprise individually.
Russia has export-import relations with more than 100 countries of the world. Today it is impossible to imagine the activity of any large enterprise without its participation in foreign economic activity. The efficiency of any enterprise involved in the field of foreign economic activity directly depends on the efficiency of the foreign economic relations department.
That is why this topic is relevant today, when an increasing number of enterprises are involved in foreign economic activity and many problems arise on their way.
International economic relations are one of the most dynamically developing areas of economic life. Economic relations between states have a long history. For centuries, they existed mainly as foreign trade, solving the problems of providing the population with goods that the national economy produced inefficiently or did not produce at all. In the course of evolution, foreign economic relations outgrew foreign trade and turned into a complex set of international economic relations - the world economy. The processes taking place in it affect the interests of all states of the world. And, accordingly, all states must regulate their foreign economic activity in order to achieve their interests in the first place.
World experience shows that even in industrialized countries there is an objective need for state regulation of foreign economic activity. The state is called upon, first of all, to protect the interests of its producers, take measures to increase exports, attract foreign investment, balance the balance of payments, regulate foreign exchange, and, most importantly, adopt legislative acts establishing the rules for the implementation of foreign economic activity and control their strict observance. .
In this regard, the purpose of this work is to consider the system of regulation of export and import of goods.
1. Regulation of foreign economic activity in the Russian Federation
The development of foreign economic activity of the Russian Federation is focused on solving the following tasks:
Integration of the country into the world economy;
Support for integration processes with the CIS countries;
Equalizing the balance of foreign trade and balance of payments;
Improving the structure of foreign trade in commodity and geographical aspects;
Entering new international markets and diversifying exports in established markets;
Preservation of the economic and environmental security of the country;
Preparation and conduct of negotiations on accession to the WTO.
The solution to these problems involves:
updating monetary and financial and tariff measures for regulating export-import operations;
shifting the center of gravity of foreign trade regulation; development of export as the main source of foreign exchange earnings;
intensification of the processes of attracting foreign investments;
protecting the interests of the national market and
effective entry into world economic relations.
In ensuring the normal functioning of any modern economic system, an important role belongs to the state. The state throughout the history of its existence, along with the tasks of maintaining order, legality, organizing national defense, performed certain functions in the economic sphere. State regulation of the economy has a long history - even during the period of early capitalism in Europe, there was centralized control over prices, the quality of goods and services, interest rates and foreign trade. In modern conditions, any state regulates the national economy, with varying degrees of state intervention in the economy. On the example in Appendix 1, the export and import of goods by country in the Siberian Federal District for January-December 2003 is considered.
The role of state regulation especially increases in the conditions of the economic crisis. World experience has shown that a way out of the crisis is possible only with the strict centralization of state power and the implementation of non-trivial measures to ensure economic growth. This was the case with Western European countries in the post-war period, and with Latin American countries (Chile, Argentina, Brazil) more recently.
State regulation of foreign economic activity is one of the most important and most difficult tasks of the state. A well-thought-out and properly organized policy in the field of foreign economic activity is the most important factor in the successful development of the economy of any country. One of the main reasons for the current crisis in our country is the ill-conceived policy of the state in the field of foreign economic activity.
The main institutional changes in this area took place in November 1991, when the official state monopoly on foreign trade activity was abolished by a law. Russian exporters and importers got the opportunity to choose foreign trade partners themselves. The direct participation of the state in foreign trade was significantly reduced: with the abolition of state orders, obligations under intergovernmental trade agreements were assumed by commercial agents.
However, the involvement of the state in foreign trade activities in various forms remains at a fairly high level. Thus, bilateral intergovernmental agreements concluded by Russia with the CIS countries retain signs of state control over foreign trade. Most of these agreements, which have a similar structure, determine the volume of mutual deliveries and fix their price at a level that often turns out to be below the level of world market prices.
Along with bilateral agreements with the CIS countries, other sectors of foreign trade were also subject to state intervention. In 1992 and 1993, the government made import purchases worth $20 billion and $12 billion, respectively. Often, borrowed-financed imports consisted mainly of wheat and pharmaceutical products. On the export side, trade in so-called “strategically important commodities” such as crude oil, electricity, fertilizers, fish, caviar, and timber—constituting a substantial proportion of Russian exports—was also subject to heavy administrative regulation by the state. Thus, firms intending to export these goods must go through the registration procedure and obtain an appropriate license from the MINFER. Therefore, despite the fact that the government insists on the distribution of export licenses among several competing firms in order to avoid monopolizing the market, the licensing procedure itself is in fact a form of non-tariff restrictions that prevent new exporters from entering the market. In addition, the "transaction passport" introduced at the beginning of 1994, which enables banks to control the return of foreign exchange earnings of Russian exporters, is another example of increased control over foreign trade activities.
The ongoing privatization process will also have some impact on foreign trade activities, as some state-owned producers, which are large foreign trade agents, are involved in this process. For example, Gazprom, the world's largest gas producer, has already offered about 38% of its shares for sale. Similar changes in the form of ownership await the oil company Lukoil.
So, despite the fact that significant progress in solving the problem of state interference in foreign trade activity is obvious, some areas are still under centralized control. First of all, we are talking about Russia's bilateral trade relations with the CIS countries and the export of strategic raw materials.
2. Methods of regulation of export and import of goods
The methods of state regulation of foreign economic activity are divided by their nature into tariff methods - those based on the use of a customs tariff, and non-tariff methods - all other methods (Table 1). Non-tariff methods of regulation are divided into quantitative methods and methods of covert protectionism. Separate instruments of state regulation of foreign economic activity are more often used when necessary, either to restrict imports or to force exports.
Table 1
Methods of regulation of export and import of goods
2.1. Tariff methods of regulation
Tariff regulation is a form of state regulation of foreign economic activity used to regulate imports and exports, with the help of which the state implements its exclusive right to establish a customs duty on goods transported across the customs border of the Russian Federation.
The main tool in the hands of the state in the regulation of foreign trade is the use of tariff regulation. The customs tariff is the most common instrument of state regulation of foreign trade, acting through the pricing mechanism.
Among the main functions of the customs tariff, protectionist and fiscal functions stand out.
The protectionist function is connected with the protection of national producers. The collection of customs duties on imported goods increases the cost of the latter when they are sold on the domestic market of the importing country and thereby increases the competitiveness of similar goods produced by national industry and agriculture.
The fiscal function of the customs tariff ensures the receipt of funds from the collection of customs duties in the revenue part of the country's budget.
In addition to the above functions, the customs tariff, influencing domestic prices, to a certain extent contributes to the development of national production and exports. Due to the rise in prices of imported goods in the domestic market of the country, the general level of prices for such goods rises and national producers receive additional income that can be used to invest in the country's economy or to compensate for losses from lower export prices, as well as to increase the competitiveness of their goods in foreign markets. markets.
In a number of cases, the customs tariff can be used to develop national exports by unilaterally setting low, and in some cases zero, rates on individual goods necessary for the manufacture of export products.
One of the main elements of the economic reform being carried out in the country, which provides for the transition from administrative methods of management to economic ones, is the strengthening of the role of customs and tariff regulation of foreign trade.
Customs-tariff measures - a set of organizational, economic, legal measures carried out in accordance with the procedure established by law by state bodies and aimed at regulating foreign economic activity. The implementation of the customs tariff regulation is based on the application of the customs tariff.
For example, in the Customs tariff - a set of customs duty rates applied to goods transported across the customs border of the Russian Federation, systematized in accordance with the Commodity Nomenclature of Foreign Economic Activity of the CIS. Customs duty - a mandatory fee collected by the customs authorities when goods are imported into the customs territory or exported from this territory and is an essential condition for such import and export.
State regulation of foreign economic relations is a set of forms, methods and tools used by state bodies and services to influence economic relations between countries in accordance with state and national interests, goals and objectives. The regulatory impact of the state is carried out through the adoption of laws and other state acts, resolutions and decisions of the government.
The tools for regulating foreign economic activity are: quotas, licensing, currency regulation, taxes, duties, etc.
Administrative tools for regulating foreign economic activity are especially effective in cases where the country is in a state of economic instability, deficit and inflation. They are applied temporarily to either protect the economy (import quotas) or restore it through the mobilization and optimal use of resources.
Economic instruments for regulating foreign economic activity during the period of economic stabilization occupy a central place.
The main principles of state regulation of foreign economic activity are:
Unity of the system of regulation of foreign trade activity and control over its implementation;
A priority economic measures regulation;
Equality and protection by the state of the rights and legitimate interests of participants in foreign trade activities.
Economic regulators influence the economic interests of the emergence and implementation of these relationships. These include: the ratio of supply and demand; the ratio of world and domestic (domestic) prices, tariffs, exchange rates, interest rates; the ratio of the world and domestic levels of development of the production of goods (works, services) in terms of their volume, quality and efficiency; economic incentives; forecasts, plans, programs, etc.
Organizational and administrative regulators are regulators of a command and administrative nature. They presuppose a direct purposeful influence of the state and its bodies on the formation and development of foreign economic relations through various directive acts. These include: quotas and licensing of exports and imports of goods (works, services); licensing of certain types of activities; a mechanism for the mandatory sale of part of the foreign exchange earnings from the export of goods (works, services); customs regimes; customs clearance of import and export of goods; currency control; customs control; export control; import control, etc.
Foreign trade policy includes export and import policy.
The export foreign trade policy is aimed at selling competitive Russian goods on the world market and stimulating the production of these goods. To stimulate exportable industries, government orders, budget financing, loans, R&D funding, etc. are used.
Import foreign trade policy is aimed at regulating the import of foreign goods (works, services) into the Russian Federation. The instruments of such regulation are: direct restriction of imports in order to protect Russian economy. For this, licensing and contingenting of imports, anti-dumping and countervailing duties, a system of minimum import prices, etc. are used.
Contingenting is one of the forms of state regulation of foreign trade through the establishment of export and import quotas, called contingent. The contingent (lat. contingens - accruing to a share) in foreign trade means the marginal rate established for certain goods for their import, export or transit to certain countries, expressed in weight or cost units.
In order to regulate import and export operations, including to protect the domestic market of the Russian Federation and stimulate progressive structural changes in the Russian economy, import and export customs duties are established.
An important role in regulating foreign economic activity and in monitoring its implementation is played by the rational organization of customs affairs, which includes the customs policy of the Russian Federation, as well as the procedure and conditions for the movement of goods and vehicles across the customs border of the Russian Federation, the collection of customs duties, customs clearance and customs control.
Legal, economic and organizational bases customs affairs are defined by the Customs Code Russian Federation.
Customs is carried out Customs Russian Federation, which are law enforcement agencies.
Customs authorities perform the following functions:
Participate in the development of customs policy and its implementation;
Ensure compliance with the legislation in the field of customs and take measures to protect the rights and interests of participants in foreign economic activity in the implementation of customs;
Protect the economic interests of the Russian Federation;
Collect customs duties, taxes and other customs payments;
Ensure compliance with the permit procedure for the movement of goods and vehicles across the customs border of the Russian Federation;
Fight against smuggling, customs violations and tax legislation relating to goods transported across the customs border of the Russian Federation;
carry out customs statistics foreign trade and special customs statistics of the Russian Federation;
Maintain the Commodity Nomenclature of Foreign Economic Activity;
Exercise control over the export of strategic and other vital materials for the interests of the Russian Federation;
Carry out currency control within their competence;
Ensure the fulfillment of the international obligations of the Russian Federation in terms of customs matters;
customs control held officials customs authorities of the Russian Federation by checking documents and information necessary for customs purposes; customs inspection (examination of goods and vehicles, personal inspection); accounting for goods and vehicles; oral questioning of citizens; checking the accounting and reporting system; inspection of territories and premises of temporary storage warehouses, customs warehouses, free warehouses, free customs zones and duty-free shops and other places where goods and vehicles subject to customs control may be located.
Measures to regulate foreign economic activity are a set of measures of an economic, administrative and technical nature (with the exception of the customs tariff) that impede or restrict free trade between states.
This set of measures includes - quotas; licensing; control over the export of dual-use goods and technologies.
Export and import quotas are quantitative or cost restrictions on export and import, introduced for a certain period of time for individual goods (works, services), countries or groups of countries. In international trade, quotas are used in cases where economic, political conditions or the state of payment relations require it. It is used as a regulator of supply and demand in the domestic market.
In the Russian Federation, the modern procedure for quotas and licensing of foreign economic activity is established by the law of the Russian Federation “On the state regulation of foreign trade activity”.
Export and import to the Russian Federation are carried out without quantitative restrictions. These restrictions are imposed only in exceptional cases.
Quotas are set at tenders or auctions. Narcotic drugs, potent and poisonous substances are subject to quotas for imports and exports. When importing goods, the quota includes: ethyl alcohol and vodka, as well as gunpowder, explosives, explosives and pyrotechnic products.
When exporting goods, the quotas include: in accordance with the international obligations of the Russian Federation: silicon carbide and textile goods, as well as goods containing precious metals and stones, amber and products made from it. A license is an official document that authorizes the implementation of export or import operations within a specified period.
Important financial instruments forcing exports and protecting national producers are tax incentives and subsidies. The assistance received by exporters in this form significantly increases the competitiveness of goods, allowing them to sell their products abroad at a lower price than in the domestic market.
Economic sanctions are an extreme form of government restrictions on foreign trade. Economic sanctions include, for example, a trade embargo - a state prohibition of the import into or export from any country of goods. Most often this is done for political reasons. Obviously, the embargo causes economic damage both to the country imposing the embargo and the country against which it is introduced. In addition, for third countries that have not joined the embargo, there is an opportunity to receive additional benefits.
Recently, the so-called technical barriers, which are administrative regulations, have become widespread, in which imported goods are discriminated against in favor of domestic ones with the help of specific quality standards, safety standards, sanitary restrictions, etc.
Despite the fact that both tariff and non-tariff methods of state influence on foreign trade in the absolute majority of cases lead to net welfare losses, they are widely used by almost all countries of the world.
CONCLUSION.
At the present stage of economic development, two directions of the foreign economic activity of the enterprise can be distinguished: joint ventures and the conclusion of foreign trade contracts with foreign counterparties.
Legal issues joint ventures are determined by the norms of commercial and civil legislation of the state where the joint venture is created. The conclusion and implementation of the contract in the foreign market is subject to legal regulation on the following positions: international agreements on foreign economic activity and norms of civil legislation. The rights and obligations of the parties to the implementation of a foreign economic transaction are determined by those legislative acts that are in force at the place of its conclusion.
Foreign trade contract- this is a contract for the sale, supply, performance of any work, services, concluded by two or more parties (counterparties). The contract is the main, basic document that determines the measure liability parties for the fulfillment of obligations, therefore, the final result of the transaction depends on the correctness of its preparation. The contract must include the following sections: general provisions; subject of contract; price and value of the contract; terms of delivery of goods; conditions of payment; packaging and labeling of cargo; procedure for filing claims; sanctions and fines; force majeure and dispute resolution.
For the purpose of uniformity in international practice, a collection of interpretations of international trade terms "Incoterms" issued by the International Chamber of Commerce has been introduced and is in effect. In order to avoid misunderstandings between counterparties, contracts emphasize the use of Incoterms or, conversely, a reservation on the use of special terms. The Russian Federation is a party to the UN Convention on Contracts for the International Sale of Goods. Knowledge and application of the Convention makes it possible to use a unified legal regime to control sales contracts in the foreign economic activity of an enterprise.
This is important, since different foreign partners bring with them national characteristics in resolving the same issues, in some cases it is problematic to determine the state whose law governs relations under a specific treaty. Therefore, if any positions in the contracts are not settled, the Convention applies, regardless of whether there is a reference to it or not.
The criterion for the application of the Convention in the performance of international contracts is the finding commercial enterprises- parties to the treaty in different states, while the states must be parties to the Convention. Currently, an enterprise can carry out export-import operations independently through the implementation of direct contracts with foreign partners or through intermediaries - other enterprises providing their services in foreign economic activity. Choice legal form Foreign economic activity depends on the economic opportunities and needs of the enterprise.
Realizing its goals in foreign economic activity through other enterprises, the exporting enterprise (importer) uses agency agreements, commission agreements, supply agreements. When concluding a commission agreement, when concluding contracts with foreign counterparties, an enterprise-commission agent acts on behalf of the enterprise-manufacturer (committent) of the exported (imported) goods. In addition to signing the contract, the commission agent undertakes to implement this contract under certain conditions, in particular, as a rule, at the expense of the committent.
As a result, the company-commission agent receives a commission in the amount of a specified percentage of the total value of the contract by mutual agreement of the parties. If we are talking about commission agreements, then the exporting enterprise (importer) instructs, on its own behalf, to conclude contracts with another enterprise for a certain fee. A variety of types and forms of foreign economic activity of enterprises should contribute to increasing the effectiveness of the external relations of the state as a whole. This will solve such problems as increasing foreign exchange resources and trade volumes, improving the structure of exports and imports, paying off external debts, expanding areas of cooperation, and attracting capital and technology to the country.
BIBLIOGRAPHY.
1. Foreign economic activity of enterprises /Under. ed. E.G. Ishchenko. –Novosibirsk, 2010.
2. Foreign economic business in Russia: a reference book /Under. ed. I.P. Faminsky. – M.: 2013.
3. Civil Code RF.
4. Didenko N.I. fundamentals of foreign economic activity in the Russian Federation. -SPb.2011.
5. The conjuncture of the Russian market of machine-building products //Foreign trade. –2012.
6. Lavrov S.N., Frolov B.A. Monetary and financial relations of enterprises and organizations with foreign partners. –M., 2010.
7. Obolensky V.P., Aslanova T.O. Foreign economic problems of increasing competitiveness Russian production//Problems of forecasting. -2013.
Introduction
Chapter 1. Aspects of state regulation of foreign economic activity
1 Main provisions of state regulation of foreign economic activity
2 Customs-tariff methods of state regulation of foreign economic activity
3 Non-tariff methods of state regulation of foreign economic activity
Chapter 2. State regulation of foreign economic activity in the Russian Federation
1 Institutional structures of foreign economic activity in the Russian Federation
2 Features and problems of state regulation of foreign economic activity in the Russian Federation
Chapter 3. Statistics of exports and imports of the Russian Federation
Conclusion
List of sources used
Introduction
The topic of state regulation of foreign economic activity in Russia is, of course, very relevant at the present time.
Our country has embarked on the path of a market economy, so it is obvious that the old methods of regulating foreign economic activity are inefficient to apply in modern conditions. The development of new methods of regulation, the most effective for our economy, has not yet been completed. The regulation of foreign economic activity is still not the most optimal in Russia. Meanwhile, every year Russia is becoming more and more integrated into international economy. Foreign trade activity is key for the Russian economy, since it satisfies a very large proportion of its needs through the import of goods, the funds for which it receives from the export of other goods, to the greatest extent raw materials. The growth of world trade in 2014 amounted to 4.7%. Including in Russia in 2014, the volume of exports amounted to 122.7 billion dollars, and the volume of imports - 66.6 billion dollars. Therefore, you can not stay away from this topic. Of course, it is necessary to take a lot from international practice, but apply it taking into account the peculiarities of our economy. This topic It has a large number of available theoretical material that describes it. With regard to practical material, some parts of this topic have more practical material available than others, for example, it is much easier in practice to consider the application of customs tariff measures than non-tariff ones.
The purpose of this work is to analyze different kinds measures of state regulation of foreign economic activity and identify the features and prospects for their use in the foreign economic activity of the Russian Federation. Based on this goal, the following tasks are solved in the work:
a) study the theoretical aspects and principles of state regulation of foreign economic activity;
b) classify the methods of state regulation of foreign economic activity;
c) explore the history of state regulation of foreign economic activity in Russia;
e) to consider the features of state regulation of foreign economic activity in modern Russia;
The object of this term paper is foreign economic activity, and the subject is its regulation by the state.
This paper describes the basic concepts, theoretical concepts, causes and principles of state regulation of foreign economic activity, classifies the methods of regulation of foreign economic activity. Much attention is paid to the history of the development of state regulation of foreign economic activity in Russia, the structure of the authorities that carry out this activity. Problems and ways to solve them are also described. Finally, the currently topical topic of Russia's accession to the WTO is investigated.
state regulation of foreign economic
CHAPTER 1. Theoretical aspects state regulation of foreign economic activity
1.1 Main provisions of state regulation of foreign economic activity
Foreign economic activity is one of the areas of economic activity of the state, enterprises, firms, closely related to foreign trade, export and import of goods, foreign loans and investments, and the implementation of joint projects with other countries.
All views on state regulation of foreign economic activity can be divided into 2 categories:
a) Free trade - according to the concept of trade (or liberalism, free trade), the world economy reaches the most high level material well-being and efficient allocation of resources precisely due to free trade, that is, with non-intervention or limited state intervention in trading activities. It is assumed that the determining factors for the international specialization of countries are natural and climatic factors, as well as different levels of economic development of countries, and countries should produce exactly those products, the production costs of which are lower than in other countries. Being opponents of state intervention in the economy, free trade advocates believed that it preserves the backwardness of industries in the country. The principles of free trade are primarily adhered to by supporters of monetarism;
b) Protectionism - according to the concept of protectionism, state regulation of foreign economic activity is necessary to maintain and develop domestic producers, to maintain an active trade balance. Supporters of Keynesianism and institutionalism are adherents of the concept of protectionism.
The concepts of liberalism and protectionism in their purest form are diametrically opposed. It is worth noting that in its pure form, neither one nor the other concept exists in any country in the world with market economy. However, depending on the economic views of those responsible for state regulation, and on the economic situation, these concepts are applied in practice in different proportions.
Despite the existence of different views on state regulation of foreign economic activity, there are several reasons why state intervention may be simply necessary.
First, it is necessary to support domestic entrepreneurs, who often put pressure on their governments to limit free trade. Secondly, free trade does not always contribute to the security of the country. This is supported by international agreements. For example, despite the prospect of huge profits, selling nuclear weapons terrorist organizations is prohibited by international law and the national legislation of all countries. Thirdly, free trade can lead to the cessation of the activities of entire industries, which will lead to an increase in unemployment and a drop in the standard of living of the population. Finally, free trade does not contribute to the development of new industries in the country's economy; this requires a protectionist policy.
State regulation is based on certain principles laid down in the legislative acts of the state, as well as in international agreements. The main principles of regulation of foreign economic activity include:
foreign economic activity is integral part foreign policy of the country;
priority of economic regulatory measures;
unity of the system of state regulation of foreign economic activity and control over its implementation;
equality of rights and responsibilities of subjects of foreign economic activity and protection of their interests by the state;
state intervention must be justified and not harm the participants in foreign economic activity and the population as a whole;
ensuring the national security, political, economic and military interests of the country, as well as the fulfillment of the country's international obligations to prevent the export of weapons of mass destruction and other most dangerous types of weapons;
unity of the customs territory.
2 Customs-tariff methods of state regulation of foreign economic activity
Customs tariff is a systematized list of customs duties levied on cargo owners when goods pass through customs. state border. Usually, a customs tariff contains detailed names of goods subject to customs duties, duty rates indicating their method of calculation, and a list of goods admitted duty-free.
Customs duty is a tax levied by the state on goods transported across the national border at the rates stipulated by the customs tariff.
Article 4 federal law RF "On the customs tariff" customs duties are divided according to the method of collection into ad valorem, specific and combined.
Ad valorem customs duty is a duty calculated as a percentage of the customs value of taxable goods (for example, 20% of the customs value). This type customs duty is similar to a proportional sales tax and is used when it is necessary to levy a duty on qualitatively heterogeneous goods of the same commodity group. The ad valorem duty allows maintaining the same level of support for domestic producers, regardless of the market price of the goods. Thus, at an ad valorem duty rate of 40%, we have the following: if the price of a product is $100, $40 is charged, and if the product price is $200, $80 is charged. However, regardless of the price, ad valorem duty raises the price of an imported good by 40%. The disadvantage of this duty is the fact that it is not always easy to estimate the price of a product, and the price may also be subject to constant fluctuations. All this can lead to abuse both on the part of importers and on the part of representatives of the customs authorities.
A specific customs duty is a duty levied depending on the quantity of goods (for example, $10 per 1 ton). The advantage of this duty is that, if applied, there is no need to estimate the price of the goods, and therefore there is no place for abuses associated with valuations. However, depending on the price of the goods, the degree of protection of the domestic manufacturer also changes. The higher it is, the lower the degree of security and vice versa.
Combined duty - combines both of the above types of customs taxation (for example, 20% of the customs value, but not more than $ 10 per 1 ton).
According to the object of taxation, customs duties are divided into import, export and transit.
Import duties are imposed on goods imported into the country and serve as the main mechanism for protecting the domestic producer.
Export duties are imposed on goods leaving the country. They are rarely used, usually in cases where the price of a certain product on the domestic market is significantly lower than the world prices. The purpose of export duties is to reduce export volumes and replenish the budget.
Transit duties are imposed on goods in transit through the country. Rarely used.
By nature, customs duties are divided into seasonal, anti-dumping and countervailing.
Seasonal duties are applied for operational regulation international trade seasonal products, especially agricultural products. Usually their period of validity cannot exceed several months a year, and for this period the operation of the ordinary customs tariff for these goods is suspended;
Anti-dumping duties are applied when goods are imported into the country at a price lower than their normal price in the exporting country, if such import damages local producers of such goods or hinders the organization and expansion of national production of such goods;
Countervailing duties are imposed on the import of those goods in the production of which subsidies were used directly or indirectly, if their import causes damage to the national producers of such goods.
The main functions of customs duties are protectionist, fiscal and balancing. The protectionist function is associated with an increase in the price of imported goods in the domestic market due to the collection of duties, which makes it less competitive and, accordingly, protects national producers. The collection of customs duties on imported goods increases the cost of the latter when they are sold on the domestic market of the importing country and thereby increases the competitiveness of domestic goods. The fiscal function of the customs tariff ensures the receipt of funds from the collection of customs duties in the revenue part of the country's budget. Finally, the balancing function refers to exported goods and its purpose is to prevent unwanted export of goods, in particular if their prices on the domestic market are lower than world prices.
1.3 Non-tariff methods of state regulation of foreign economic activity
Another category of methods for regulating foreign economic activity is non-tariff measures. Their importance in modern world increases significantly. The fact is that most countries of the world are members of the World trade organization, the main principle of which is free trade. Therefore, WTO member countries are forced to reduce tariffs. However, the protection of domestic producers remains relevant, and therefore the way out of this situation is the use of non-tariff measures. The United States is the leader in their use, European Union and Japan. Russia is currently not a member of the WTO. However, firstly, in order to join the WTO, Russia has already signed bilateral agreements with most WTO member countries, and this imposes certain restrictions on the use of tariff measures, and secondly, the Russian Federation may soon join the ranks of WTO members. Therefore, the replacement of tariff measures with non-tariff measures is relevant for our country as well.
There are a number of ways to classify non-tariff measures developed by the WTO, the UN Conference on Trade and Development, the International Monetary Fund, the World Bank, the International Bank for Reconstruction and Development, the International Chamber of Commerce and a number of other authoritative organizations. Consider the classification developed by the WTO:
a) Financial methods of limitation incorporated in the payment mechanism in the form of various direct and indirect fees covering government costs associated with solving organizational and economic problems at the expense of foreign suppliers. Consider some types of financial restrictions:
) Domestic (equalizing) taxes and fees - equivalent to indirect taxes and fees (VAT, excises), levied on goods in the domestic market of the importing country; it is also fees on sensitive product categories, which usually have an internal equivalent (issuance fees, product taxes, administrative fees). Their goal is to create the same tax regime for the same (or similar) goods of foreign and domestic production, as well as to maintain a certain level of prices in the domestic market;
) Additional fees - fees levied on imported goods in excess of customs duties and taxes, which do not have an internal analogue and are intended to finance certain types of activities related to foreign trade (tax on foreign currency transfers abroad, stamp duty, statistical tax);
) Import deposits are requirements for prepayment of the cost of imports and payment of import taxes in the form of opening preliminary import deposits, payment of cash, advance payment of customs duties (official restrictions on the accumulation of foreign currency by obtaining various types of permits for conducting foreign exchange transactions within the country; deferral of payments and the priority for payment of taxes and duties within the established minimum allowable periods from the moment the goods are delivered to the customs territory of the importing country until the completion of import settlements);
b) Export subsidy or production subsidy:
) An export subsidy is a subsidy to the manufacturer or seller of an export product, which reimburses part of the costs of production or distribution, in order to increase the competitiveness of the product in the foreign market. The provision of export subsidies is a way of state stimulation of exports at the expense of the budget. Export subsidies are possible in the form of direct financing of research, development and export production, as well as through the provision of favorable loans.
) Domestic subsidy - the most disguised financial method trade policy and discrimination against imports, providing for budgetary financing of domestic production of goods that compete with imported ones.
) Public procurement policy is a covert method of trade policy that requires government agencies and businesses to buy certain goods only from domestic firms, even though these goods may be more expensive than imported ones. The most typical explanation for such a policy is national security requirements.
c) Quantitative restrictions on imports and exports through quotas, quotas, licensing, "voluntary restrictions" on exports. Let's take a closer look at these measures:
) Quota is a measure of operational regulation of foreign economic relations by the state, which imposes quantitative and cost restrictions on the import (export) of goods into the country, is introduced for a certain period in relation to certain goods, vehicles, works, services, etc., to countries or to groups of countries and acts as a non-tariff measure of foreign economic regulation, a regulator of supply and demand in the domestic market, a response to discriminatory actions of foreign trading partners, etc.;
) Contingenting - state regulation of foreign trade through the establishment of centralized export control over the import and export of goods within specific quotas for a certain period of time. The purpose of the contingent is to protect the interests of the national industry. Trade in goods within the established contingents is carried out under licenses;
) Licensing of imports is the regulation by the competent state authorities of the export of goods from the country by issuing special permits (licenses) at the request (application) of interested parties;
) Voluntary restriction of export - a method of state regulation of foreign economic relations; the obligation of one of the foreign trade partners to limit the volume of exports of certain goods;
) The requirement for the content of local components - a hidden method of trade policy of the state, legislatively establishing the proportion of the final product that must be produced by national producers if such a product is intended for sale in the domestic market. Typically, the requirement for the content of local components is used by developing countries as part of the import substitution policy, which involves the creation and expansion of the national base for the production of imported goods in order to refuse to import them in the future. Developed country governments use local content requirements to avoid moving production to developing countries with cheaper labor and thereby maintain employment levels;
e) Technical standards and health, safety and regulatory requirements for imported products (including industry standards, product packaging and labeling requirements, sanitary and veterinary regulations);
f) Customs, administrative import formalities that create obstacles and hinder the customs clearance of imported products. This category of measures includes the following:
) Anti-dumping duty - additional import duty levied on goods exported at prices below normal world market prices or domestic prices of the importing country;
) Compensatory customs duty - a duty levied in cases of importation into the customs territory of the country of goods, the production or export of which directly or indirectly used subsidies; Countervailing duties are levied if such importation causes or may cause damage to domestic producers of similar goods or hinders the establishment or expansion of the production of such goods;
) Customs formalities - statutory mandatory requirements without which vehicles, goods and other items cannot be passed through the customs border. Customs formalities include inspection of goods and other items, inspection of vehicles, verification and execution of documents, determination of the country of origin of goods, calculation and collection of customs duties, taxes and fees.
CHAPTER 2. State regulation of foreign economic activity in the Russian Federation
2.1 Institutional structures of foreign economic activity in the Russian Federation
This set is represented by national legislation on foreign economic activity, represented by laws, codes, as well as by-laws, as well as international rules and regulations signed by the Russian Federation and international treaties of Russia with other countries. These include the Constitution of the Russian Federation, the Law "On Customs Regulation in the Russian Federation.", The Law "On Foreign Investments in the Russian Federation"<#"justify">1. The Constitution of the Russian Federation
Federal Law "On Customs Regulation in the Russian Federation." dated November 27, 2010 N 311-FZ (adopted by the State Duma of the Federal Assembly of the Russian Federation on November 19, 2010) (current version of November 24, 2014)
On the basics of state regulation of foreign trade activity: Feder. Law of December 8, 2003 No. 1 64-FZ (as amended on November 30, 2013) //
Customs Code Customs Union. (annex to the Agreement on Customs Code Customs Union, decision Interstate Council of the EurAsEC at the level of heads of state dated November 27, 2009 N 17) (approved by the Supreme Court of the Russian Federation on June 18, 1993 N 5221-1) (current version of October 10, 2014)
Nureev R. M. Course of microeconomics. Textbook for high schools. - H90 2nd ed., rev. - M.: Publishing house NORMA, 2012. - 572 p.
Risin I.E. State regulation of the economy / I.E. Risin, Yu.I. Treshchevsky, S.M. Sotnikov - Voronezh: Voronezh Publishing House. state un-ta, 2012. - 240s.
Theory and practice of management and state regulation of foreign economic activity (FEA) at the present stage. Lylov A.I., Lylov A.A., Martynov Yu.I., Khatskevich L.D. - Voronezh: B.I., 2009. - 48 p.
Rassoeva O.B. State regulation of foreign economic activity in the Russian Federation: graduate work, student / O.B. Rassoev. -2009 - 65 p.
The structure of exports of the Russian Federation, the structure of imports of the Russian Federation, Import and export of the Russian Federation // State Committee RF statistics
Methods of state regulation. The functions of the state in the mechanism of state regulation are implemented with the help of various forms and methods, mainly of an economic nature.
AT contemporary practice The most applicable methods of state regulation are:
1) long-term forecasting and medium-term planning;
2) credit and fiscal measures;
3) administrative and organizational-legal forms;
4) demonopolization of market competition.
Interstate regulation of foreign trade is provided by bilateral and multilateral agreements and issues:
- development of common elements for the functioning of markets (commodity, currency);
- credit systems for export-import operations;
- currency risk insurance systems;
- standard conditions of Incoterms.
The set of tools and tools for regulating foreign trade includes:
1) non-tariff elements;
2) tariff preferences;
3) currency and credit funds;
4) stimulation of export production;
5) technical standards, standards, requirements for imported goods.
Interstate forms of regulation are reflected in GATT (WTO) documents, decisions of integration groups, and bilateral agreements.
Intranational methods of regulation are usually specified for export, import, barter. The main objectives of foreign trade regulation are as follows:
- use of foreign economic relations to accelerate the creation of a market economy in Russia;
- protection of national interests, protection of the domestic market;
- improving the quality of national products by acquiring licenses and patents, purchasing new technologies, raw materials and materials, including Russian enterprises into global competition;
- creation of conditions for the access of Russian entrepreneurs to world markets through the provision of state, organizational, financial, information assistance;
- creation and maintenance of a favorable international regime in relations with various states and international organizations.
The regulation of foreign economic activity in Russia should be carried out in accordance with the following basic principles:
Since the formation of the USSR, a state monopoly on foreign trade and other types of foreign economic activity has been established. Foreign trade was nationalized, and trade transactions with foreign states and enterprises were carried out on behalf of the state by the people's commissariat.
The monopoly was preserved all the years and was fixed by special articles of the Constitution of the USSR.
The reform of foreign economic activity began in the period 1985–1986. The first step was to grant the right to enter the foreign market to 20 ministries and 70 the largest enterprises. Then, since 1989, the lower economic units received the right to enter the foreign market, i.e. direct producers of goods and services.
The principle of currency self-sufficiency was put in the basis of export-import operations. The system of state regulation of foreign economic activity provided for:
1) registration of FEA participants;
3) development of rules for the export and import of certain goods (specific, dual-use, licensed);
4) operational regulation of WPP.
The most applicable mechanism in this system was the licensing of exports and imports.
The licensing procedure was introduced in order to:
1) optimization of the division of all funds between the domestic market of the country and exports;
2) streamlining the competition of exporters.
The massive desire of many enterprises to enter the foreign market has led to a shortage of the most important resources (petroleum products, metal, timber, etc.) in the domestic market. The Government of the Russian Federation approved a list of licensed goods, which covered 90% of exports and 8% of imports. The state retained the right to export and import nuclear materials, precious metals and stones, weapons and ammunition, works of art and antiquities, narcotic and psychotropic substances.
These measures strengthened administrative methods wind farm management, but they were forced.
The basis of the process of liberalization of foreign economic activity was laid down in the Decree of the President of the Russian Federation of November 15, 1991 "On the liberalization of foreign economic activity." The main provisions of the Decree are:
1. Allow all enterprises to carry out foreign economic activity without special registration.
2. Submit to the government for approval a reduced list of licensed and quota-bound goods.
3. Allow authorized banks to open currency accounts for all legal entities and individuals.
4. Establish from 01/01/1992 the mandatory sale of a part of foreign exchange earnings by enterprises Central Bank for the formation of the republican currency reserve. Proceeds from the sale are used to service external debt and centralized purchases of imports.
5. Prohibit settlements and payments between legal entities, legal entities and individuals in foreign currency.
The liberalization of foreign economic activity was phased.
Stage 1 (end of 1991 - first half of 1992) included the following measures:
a) removal of restrictions on the export of finished products (while maintaining strict quantitative and tariff restrictions on the export of raw materials);
b) partial liberalization of the exchange rate;
c) lifting any restrictions on imports.
Import liberalization was necessary to create a competitive environment in the domestic market and to compensate for the sharp decline in production.
The need to regulate exports is caused by the desire to prevent the devastation of the domestic market.
Stage 2 (second half of 1992). The main provisions of the second stage:
a) the introduction of an import tariff as a protective measure for domestic producers from the competition of imported goods;
b) tightening control over the export of CBTA;
c) complete liberalization of the exchange rate;
d) the creation of a foreign exchange market. One of the conditions for this is the obligatory sale of 50% of foreign exchange earnings by exporters.
Stage 3 (covers 1993–1994). In this period:
a) the transition to tariff methods of regulation has been completed. Accordingly, the role of quantitative restrictions is reduced;
b) the enterprise is singled out as the main subject of foreign economic activity.
An important step is the adoption in 1995 of the Federal Law "On State Regulation of Foreign Trade Activities". These stages completed, in general, the formation of a transition period mechanism based on:
1) limited use of non-tariff methods of export regulation, mainly in relation to AFTS, military and dual-use products;
2) mandatory sale of 50% of foreign exchange earnings;
3) using the customs tariff to protect the domestic market.
Moving towards an open economy is a long period covering a number of areas:
- convergence of world and domestic prices;
- accumulation of significant foreign exchange reserves;
- achieving a positive balance of payments;
- stabilization of the national currency rate;
- development of wholesale trade.
The FEA reform proceeded in conditions close to extreme. Primary tasks, basically, have been solved. Economic entities received the right to enter the foreign market. The tariff regulation mechanism has been created and is being implemented. The internal convertibility of the ruble has been achieved. Systems of stimulation, crediting, export insurance have been created.
Governing bodies and their main functions. The FEA management system is in the process of further development. In accordance with the Constitution of the Russian Federation, the state reserved the right to establish VEO only at the state level. Subjects of the federation, enterprises have the right to independently install wind farms within the powers specified by law. The independence of the lower economic units is not unlimited, but is regulated and coordinated by the state and its governing bodies.
The system of public authorities of the Russian Federation includes: legislative; executive; judicial branch of government. Legislative power includes the adoption of laws, including those on foreign economic activity. Laws can be both of a general economic nature (VAT taxes, excise taxes), and specifically for foreign economic activity (TC; Law on Customs Tariffs, etc.). Along with the Laws, Decrees of the President and Decrees of the Government of the Russian Federation are issued.
The judicial system (in relation to foreign economic activity) must ensure the protection of the rights and interests of participants in the foreign economic activity, not only domestic, but also foreign. The court is independent and subject only to the law. The executive power includes the President of the Russian Federation and the Government of the Russian Federation, including the Ministries. Thus, the management of foreign economic activity is carried out by a whole system of state authorities. The most diverse organs in the executive branch. Highest value have: Ministry of Economic Development and Trade (MEDT); Ministry of Finance; Ministry of Transport and Communications; Central Bank of Russia; Federal Customs Service.
The main tasks of the Ministries are:
1) development and implementation of the foreign economic policy of the Russian Federation;
2) coordination and regulation of foreign economic activity in accordance with the decisions of the highest authorities;
3) development of a mechanism for regulating foreign exchange and credit relations;
4) development of a forecast of foreign trade and balance of payments;
5) determination of the volume of export deliveries and analysis of the state and forecasting of rates, proportions, efficiency of exports and imports, etc.
An important place in the executive branch is occupied by the FCS. Being central law enforcement agency in the field of foreign economic activity, the FCS participates in the development and implementation of the country's customs policy.
The structure of the customs authorities is three-level: FCS; regional customs departments; customs and customs posts. Customs are border and internal. Internal customs carry out the bulk of the work on customs control - inspection, verification customs declarations, shipping and payment documents, collection of payments. The border customs send vehicles to the respective customs under the procedure of internal customs transit and carry out the actual release of goods abroad.
Non-tariff regulation of foreign economic activity
Principles and methods of regulation of foreign trade. The success and performance of any state in the foreign market are determined by many factors. One of them is: the composition and effectiveness of established state procedures to which goods are subjected when crossing the customs border.
Import and export of goods, as well as other types of foreign economic activity, are the object of state policy. In the process of development of world trade, certain instruments of this policy have been developed, which are used by all states of the world.
The national territory is declared the customs territory of the state, it is surrounded by the customs border. Goods transported across the customs border must be cleared at customs.
The import of goods into the customs territory or its export may be prohibited or restricted. All participants in foreign trade operations need to know the import (export) rules in force in the country.
The world is in the process of forming uniform norms and rules in the world market, as well as systems of interstate agreements. The mechanism of regulation is equipped with a developed information and technical base.
An important feature of the regulation mechanism is A complex approach to use various methods and elements of influence on foreign trade.
The modern practice of regulating foreign trade is represented by a set of means and instruments of a national and interstate nature, tariff and non-tariff promotion of exports and restraint of imports. Interstate regulation of foreign trade is ensured by:
1) bilateral and multilateral agreements and treaties (GATT, WTO, etc.);
2) elements of regulation of foreign exchange markets;
3) standard conditions "Incoterms";
4) currency risk insurance, etc.
- mandatory application of the most favored nation treatment in mutual trade;
- non-discrimination;
- reduction of customs duties;
- conducting foreign trade on a private law basis.
The basis of the national system of regulation of foreign trade is a set of permissible:
Methods for restricting exports and imports through non-tariff elements and tariff preferences;
Monetary and credit funds;
Ways to stimulate export production;
Technical norms, standards and requirements for imported goods.
The methods of non-tariff restrictions on exports and imports are distinguished by the greatest variety of elements. In world practice, their number is about 100 positions.
Non-tariff restrictions are a set of restrictive and prohibitive measures that prevent:
a) penetration of foreign goods into the domestic market;
b) the export of goods.
Non-tariff restrictions are: quantitative (quota) and non-quantitative (technical norms). The whole complex of non-tariff restrictions is implemented through the use of administrative regulation tools. Administrative instruments are used when economic levers are not effective enough.
The state foreign trade policy of the Russian Federation was carried out in accordance with the Law of the Russian Federation "On the State Regulation of Foreign Trade Activities" (1995), currently - in accordance with the Federal Law "On the Fundamentals of State Regulation of Foreign Trade Activities" (2003).
In accordance with these laws, the methods of state regulation of VTD are: customs-tariff and non-tariff regulation. According to the law, exports and imports to the Russian Federation are carried out without quantitative restrictions. Quantitative restrictions are introduced in exceptional cases by the Government of the Russian Federation.
Government resolutions on the introduction of quantitative restrictions on exports or imports are officially published no later than three months before the introduction of restrictions. The main forms of non-tariff regulation of VTD. Prohibitions and restrictions on exports and imports are established for:
1) observance of public morality and law and order;
2) protection of life and health of people, protection of animals and flora, environment;
3) preservation of the cultural heritage of the people;
4) protection of cultural values;
5) prevention of exhaustion of irreplaceable natural resources;
6) ensuring the national security of the country;
7) protecting the external financial position and maintaining the country's balance of payments;
8) fulfillment of the international obligations of the Russian Federation.
The most applicable forms of non-tariff regulation of foreign trade are quotas and licensing. A quota is a tool for regulating exports and imports in foreign trade by establishing quantitative restrictions on the volumes of imported and exported goods for a certain period.
Quotas are introduced for a certain period in relation to certain goods and services. Acts as a regulator of supply and demand in the domestic market and as a response to discriminatory actions of foreign trading partners.
The basic documents of the quota and licensing system in the Russian Federation are the Decrees of the Government of the Russian Federation dated December 31, 1996 “On licensing and quotas for the export and import of goods, works, services in the territory of the Russian Federation since 1992” and dated October 31, 1996 "On the procedure for holding tenders and auctions for the sale of quotas for the introduction of quantitative restrictions and licensing of exports and imports of goods."
According to the documents, the Government of the Russian Federation decides:
1. Introduce on the territory of the Russian Federation a unified procedure for licensing and quotas for exports and imports of goods.
2. Approve:
a) a list of goods exported within the limits of quotas;
b) a list of goods, the export and import of which is carried out under licenses;
c) a list of specific goods, the export and import of which is carried out under licenses;
d) regulations on the procedure for licensing and quoting goods.
Licensing is a system of state control over export and import operations by strictly accounting for certain commodity flows, and, if necessary, their temporary restriction.
A license is a permit for the import or export of the goods specified in it within the prescribed period.
When establishing quantitative restrictions on the export or import of goods, the following scheme is put into effect:
- the exporter (importer) can export (import) goods only if he has a license, which he is obliged to obtain and submit it to the customs authority;
- the basis for obtaining a license is a certificate of receipt of a quota;
- obtaining a quota is possible only on a paid basis due to winning a competition or auction;
- the organization of a competition or auction for the sale of quotas is carried out by a specially created Interdepartmental Commission.
The main task of the commission is the optimal placement of quotas by holding competitions and auctions, while observing the principles of transparency, objectivity, unity of requirements and the creation of equal competitive conditions. Competitions are open and closed. Any VTD participants can take part in the open tender. The Commission may conduct a preliminary selection of applicants.
Only Russian participants of the VTD who have received an official invitation from the commission can take part in the closed competition. The winner of the competition receives a certificate, i.e. a document that further gives him the right to obtain a license for the export or import of goods in the amount of the quota.
The license can be single or general. A single license is issued for the implementation foreign trade operation under one contract for up to 12 months. A general license is issued for each type of exported or imported goods, indicating its quantity and value. Unlike a one-time license, it is issued without specifying a specific buyer or seller.
The issued license is issued in one copy and is not subject to transfer to other applicants.
The licensing system is usually used for the purpose of operational control over compliance with quotas. Many countries use it as an independent means of non-tariff protectionism.
Another form of non-tariff regulation is special export controls. A number of goods fall under control:
1) nuclear materials, equipment, special non-nuclear materials. Control is carried out in accordance with the obligation of the Russian Federation, arising from the Treaty on the Non-Proliferation of Nuclear Weapons and the principles of nuclear export.
2) dual-use equipment and materials and related technologies (lasers, explosives and explosives, CNC blocks, enriched isotopes, etc.).
3) ferrous and non-ferrous metals.
A limitation is introduced on the number of places for customs clearance, namely 66 points in seaports and 26 railway points. One form of non-tariff regulation is measures related to customs or administrative formalities. Non-tariff customs barriers are not perfect, but their elimination causes significant damage to the state.
Certification of imported products. Certification of goods in the Russian Federation was introduced in accordance with the following laws:
1. On the protection of consumer rights.
2. About product certification.
3. About standardization.
Certification is an activity to confirm the conformity of products to established requirements. The development of standards, control over their observance, issuance of certificates are entrusted to the Committee of the Russian Federation for Standardization, Certification Metrology (Gosstandart of the Russian Federation).
Certification is either mandatory or voluntary. Mandatory certification covers goods, the quality of which affects human life and health, the state of the environment. These products include: food, Appliances, clothing, a number of machinery and equipment, etc. The safety of these goods must be confirmed upon their importation. The rest of the products undergo voluntary certification based on the requirements established by agreement between the seller and the buyer.
The document confirming the compliance of goods with the established requirements are certificates issued in accordance with the GOST R certification rules and drawn up in Russian. The specified certificate may also be a certificate of recognition of a foreign certificate and replaces it on the territory of the Russian Federation.
Thus, confirmation of the conformity of goods to the established requirements can be carried out in two ways:
1) based on the certification of imported products according to the rules Russian system certification;
2) on the basis of a certificate presented by the exporter, which he received abroad and which is recognized in the Russian Federation in accordance with international, regional and bilateral agreements.
The validity period of the certificate of conformity is established by the certification body, taking into account the validity period normative documents for products.
Most products of plant and animal origin are subject to increased safety requirements. Their certification is carried out not only within the framework of the GOST R system, but also in terms of compliance with hygienic, veterinary and phytosanitary requirements. Quality certificates for flour, bread and pasta are issued by federal state health institutions, centers of hygiene and epidemiology of Rospotrebnadzor and certified by the signature of the chief physician and the seal of the Center. Certificates of conformity for food products, medicines are issued on the basis of the conclusion of the Department of Sanitation and Epidemiological Surveillance of the Ministry of Health of the Russian Federation, the Department of Veterinary Control of the Ministry of Agriculture.
Thus, the certificate of conformity confirms the compliance of the actual characteristics of the imported products with the technical and quality parameters declared by the supplier. The certificate is presented by the importer to the customs authorities when registering the goods.
Source - Foreign economic activity: a course of lectures / V.M. Angleless. - Tambov: Tambov Publishing House. state tech. un-ta, 2008. - 80 p.