Introduction of special protective, anti-dumping and countervailing measures for the import of goods. Introduction of special protective, anti-dumping and countervailing measures when importing goods 165 fz special protective measures
Federal Law No. 165-FZ "On special protective, anti-dumping and countervailing measures for the import of goods" was adopted by the State Duma on November 18, 2003.
The purpose of this federal law is the protection of economic interests Russian manufacturers goods due to increased imports, dumped imports or subsidized imports into the customs territory Russian Federation.
This Federal Law establishes the procedure for the introduction and application of special protective, anti-dumping and countervailing measures when importing goods.
Chapter 1. General provisions
Article 1. Purpose and scope of this Federal Law
Article 2. Basic concepts used in this Federal Law
Article 3. Investigation
Article 4
Article 5. Making a decision based on the results of the investigation
Chapter 2. Special protective measures
Article 6 General principles application of a special protective measure
Article 7. Establishment of serious damage to the industry Russian economy or threats of causing serious damage to a branch of the Russian economy
Article 8. Introduction of a provisional special duty
Article 9. Application of a special protective measure
Article 10 Duration and review of a safeguard measure
Chapter 3. Anti-dumping measures
Article 11. Grounds for applying an anti-dumping measure
Article 12. Establishment of the fact of dumping imports
Article 13
Article 14. Introduction of a provisional anti-dumping duty
Article 15
Article 16. Application of the anti-dumping duty
Article 17. Duration and review of an anti-dumping measure
Chapter 4. Compensatory measures
Article 18. General principles for the application of a compensatory measure
Article 19
Article 20
Article 21. Introduction of provisional countervailing duty
Article 22
Article 23. Introduction and application of a countervailing duty
Article 24. Duration and revision of compensatory measure
Chapter 5 Investigations
Article 25. Grounds for conducting an investigation
Article 26
Article 27. Public hearings
Article 28
Article 29
Article 30
Article 31
Article 32. Confidential information
Article 33
Article 34
Article 35. Notices of decisions taken in connection with investigations
Chapter 6. Final Provisions
Article 36 Judicial defense
Article 37
Article 38. International Treaties of the Russian Federation
Article 39
Article 40
2. The period of validity of an anti-dumping measure shall not exceed five years from the date of commencement of the application of such a measure or from the date of completion of the re-investigation, which was carried out in connection with changed circumstances and at the same time concerned the analysis of dumped imports and the damage associated with it to a sector of the Russian economy or in connection with the expiration of duration of the anti-dumping measure.
3. The decision to extend the term of the anti-dumping measure shall be taken by the Government of the Russian Federation on the basis of a report submitted by the investigating authority on the results of the re-investigation in connection with the expiration of the term of the anti-dumping measure. Such re-investigation shall be carried out by the investigating authority on the basis of a written application submitted in accordance with the provisions article 25 of this Federal Law, or at the initiative of the body conducting the investigation.
A re-investigation in connection with the expiration of the anti-dumping measure is carried out if the application filed in accordance with the provisions contains article 25 of this Federal Law, or upon receipt by the investigating authority of information about the possibility of resuming dumped imports and causing damage to an industry of the Russian economy in the event of termination of the anti-dumping measure.
An application for a re-investigation in order to extend the term of the anti-dumping measure shall be submitted no later than six months before the expiration of the term of the anti-dumping measure.
When establishing the possibility of resuming dumped imports and causing damage to a sector of the Russian economy in the event of termination of the anti-dumping measure, the investigating authority takes into account all available factors. These factors include at least one of the following:
Preservation of dumping imports and causing damage to the sector of the Russian economy during the period of the measure;
The presence of a connection between the elimination of damage to a sector of the Russian economy and the application of an anti-dumping measure in whole or in part;
The presence of such a situation of foreign manufacturers and (or) such a state of the commodity markets that can lead to the resumption of dumping imports and causing damage to the sector of the Russian economy.
The need to recalculate the amount of the dumping margin and the amount of the anti-dumping duty during a re-investigation in connection with the expiration of the anti-dumping measure is determined by the investigating authority based on the information at its disposal.
A re-investigation in connection with the expiration of the anti-dumping measure must be completed within twelve months from the date of its commencement. Until such a re-investigation is completed, the Government of the Russian Federation shall extend the application of the anti-dumping measure. If, based on the results of such a re-investigation, it is established that there are no grounds for applying an anti-dumping measure, the amounts of the anti-dumping duty levied during the period for which the application of the anti-dumping measure was extended shall be returned to the payer in the manner established by the customs legislation of the Russian Federation for the return of customs payments.
4. At the initiative of the body conducting the investigation, or at the request of an interested person (in the event that at least a year has passed since the introduction of the anti-dumping measure), a re-investigation may be conducted in order to determine the need to continue the application of the anti-dumping measure and (or) its revision, in including revision of the individual anti-dumping duty rate due to changed circumstances.
Depending on the purposes of filing an application for a specified reinvestigation, such an application must contain evidence that, due to changed circumstances:
The continuation of the application of the anti-dumping measure is not required to counteract dumped imports and eliminate damage to the Russian economy sector as a result of dumped imports;
The existing amount of the anti-dumping measure exceeds the amount of such a measure sufficient to counteract dumped imports and eliminate damage to the Russian economy as a result of dumping imports;
The existing size of the anti-dumping measure is not sufficient to counteract dumped imports and eliminate damage to the Russian economy as a result of dumped imports.
A re-investigation due to changed circumstances must be completed within twelve months from the date of its commencement.
5. A reinvestigation may also be conducted to establish an individual dumping margin for a foreign exporter or foreign manufacturer who did not supply the product under investigation during the period of the initial investigation. Such a re-investigation may be initiated by the investigating authority in the event that the said exporter or producer submits an application for a re-investigation.
The application specified in this paragraph must contain evidence that the foreign exporter or foreign producer of goods is not related to foreign exporters and foreign producers of goods in respect of which the anti-dumping measure is applied, as well as evidence that this exporter or this manufacturer of goods supplies goods, which is the object of investigation to the Russian Federation or is bound by contractual obligations to supply such goods to the Russian Federation in a significant amount, in the event of termination of which this exporter or this manufacturer of goods will incur significant losses.
During the re-investigation in order to establish an individual dumping margin for a foreign exporter or a foreign manufacturer, an anti-dumping measure is not applied to the supply of goods that are the subject of an investigation to the Russian Federation by this exporter or this manufacturer.
This re-investigation is carried out as soon as possible. In any case, this period may not exceed twelve months.
6. Regulations articles 26- of this Federal Law, concerning the presentation of evidence related to the investigation and the conduct of the investigation, apply to the re-investigations provided for in this Article, subject to relevant differences.
7. The provisions of this article shall apply to obligations assumed by a foreign exporter in accordance with article 15 of this Federal Law, subject to relevant differences.
Judicial practice under Article 17 of the Federal Law of December 8, 2003 No. 165-FZ
Ruling dated March 28, 2019 in case No. А11-11906/2017
Supreme Court of the Russian Federation
Aggregate and interconnected, guided by the provisions of Articles 15, 125, 210, 1064, 1071, 1081 Civil Code of the Russian Federation, articles 158 of the Budget Code of the Russian Federation, articles 11, 17 of Federal Law No. social insurance", the courts of first instance and appeal came to the conclusion that there were grounds for satisfying the stated requirement, ...
Decision dated December 24, 2018 in case No. А08-7873/2018
Arbitration Court of the Belgorod Region (AC of the Belgorod Region)
File recourse claims for reimbursement of expenses incurred. The funds awarded in such claims are one of the sources of revenues to the budget of the compulsory social insurance fund (Article 17 of Law N 165-FZ). Thus, the recourse claims brought by the institution on the basis of these rules of law are legal mechanism imposing the burden of responsibility for the harm caused in the final ...
Decree of December 24, 2018 in case No. А19-2646/2018
Arbitration Court of the East Siberian District (FAS VSO)
210-170, 210-172; e-mail: [email protected] RESOLUTION City of Irkutsk December 24, 2018 Case No. А19-2646/2018 The operative part of the resolution was announced on December 17, 2018. The full text of the resolution was made on December 24, 2018. The Arbitration Court of the East Siberian District, consisting of: presiding Sonin A.A., judges: Zagvozdina V.D., Levoshko ...
Decision dated December 13, 2018 in case No. А07-22592/2018
Arbitration Court of the Republic of Bashkortostan (AC of the Republic of Bashkortostan)
including maternity benefits, lump sum at the birth of a child. The funds of the Fund are spent strictly for the intended purpose. In accordance with Articles 4 and 17 of Law No. 165-FZ, one of the main principles for the implementation of compulsory social insurance is the stability of the financial system of compulsory social insurance, ensured on the basis of the equivalence of insurance coverage to the means of compulsory social ...
Decision No. 2-4691/2018 dated November 29, 2018 in case No. 2-4691/2018
Yoshkar-Ola city court (Republic of Mari El) - Civil and administrative
Court with claims for the protection of their rights and compensation for harm caused, including filing recourse claims for reimbursement of expenses incurred. Based on the provisions of Article 17 of the Federal Law of July 16, 1999 No. 165-FZ “On the Basics of Compulsory Social Insurance”, the source of income Money to the budgets of funds specific types compulsory social insurance are...
Decision No. 2-3524/2018 2-3524/2018~M-3715/2018 M-3715/2018 dated November 27, 2018 in case No. 2-3524/2018
October district court Kirov (Kirov region) - Civil and administrative
Assistance under compulsory health insurance programs and to ensure financial stability compulsory medical insurance on the territory of a constituent entity of the Russian Federation. Based on the provisions of Article 17 of the Federal Law of July 16, 1999 No. 165-FZ "On the Basics of Compulsory Social Insurance", the source of cash receipts to the budgets of funds for specific types of compulsory social insurance are ...
31. Federal Law of the Russian Federation “On special protective, anti-dumping and countervailing measures for the import of goods”. The content of the law and its practical application.
This Federal Law establishes the procedure for the introduction and application of special protective, anti-dumping and countervailing measures when importing goods.
2. This Federal Law applies to legal relations arising in connection with investigations that precede the introduction of special protective, anti-dumping or compensatory measures for the import of goods and applications for which were registered after the entry into force of this Federal Law.
3. This Federal Law does not regulate relations related to the provision of services, the performance of work, the transfer of exclusive rights to objects of intellectual property or the granting of the right to use objects of intellectual property, the implementation of investments and currency control.
The purpose of this Federal Law is to protect the economic interests of Russian manufacturers
Application - legal relations between the state and participants in foreign economic activity
32. Federal law of the Russian Federation "on currency regulation and currency control". The content of the law and its practical application.
The purpose of this Federal Law is to ensure the implementation of a unified state monetary policy, as well as the stability of the currency of the Russian Federation and the stability of the domestic foreign exchange market of the Russian Federation as factors for the progressive development of the national economy and international economic cooperation.
This Federal Law establishes the legal framework and principles of currency regulation and currency control in the Russian Federation, the powers of currency regulation bodies, and also defines the rights and obligations of residents and non-residents in relation to the possession, use and disposal of currency values, the rights and obligations of non-residents in relation to possession, use and disposal of the currency of the Russian Federation and domestic securities, the rights and obligations of currency control bodies and currency control agents (hereinafter also referred to as currency control bodies and agents).
The goal is to ensure the implementation of a unified state monetary policy
33. Federal Law of the Russian Federation "On Export Control". The content of the law and its practical application.
This Federal Law establishes the principles for the implementation of state policy, the legal basis for the activities of state authorities of the Russian Federation in the field of export control, and also determines the rights, obligations and responsibilities of participants foreign economic activity.
Scope of application of this Federal Law
This Federal Law governs the relations between state authorities of the Russian Federation and Russian participants in foreign economic activity in the course of export control.
This Federal Law applies to foreign economic activity in respect of goods, information, works, services, results of intellectual activity (rights to them) that can be used in the creation of weapons of mass destruction, their means of delivery, other types of weapons and military equipment, or in the preparation and (or) committing terrorist acts, in terms of exercising export control for the purposes established by this Federal Law.
Export control in relation to weapons and military equipment, as well as information, works, services, results of intellectual activity (rights to them), which are military products, is carried out in accordance with the legislation of the Russian Federation in the field of military-technical cooperation.
The goal is to protect the interests of the Russian Federation, countering international territories. Sphere - in relation to the organized state power of the Russian Federation and Russian participants in foreign economic activity; FEA between goods.
In accordance with the Federal Law, special protective measures, anti-dumping measures and countervailing measures may be introduced when importing goods to protect the economic interests of Russian producers of goods. The procedure for the introduction and application of special protective measures, anti-dumping measures and compensatory measures when importing goods is established by Federal Law No. 165-FZ of December 8, 2003 “On special protective, anti-dumping and compensatory measures when importing goods”.
Anti-dumping measures, countervailing measures and so-called special safeguard measures are of an emergency nature and are aimed at protection against unfair competition.
Anti-dumping measures. Dumping is a common method of competing for markets. It is defined in modern international practice as a method of selling for export, when "the goods of one country enter the trade of another country at a price below the normal value of goods in the domestic market of the country of export."
The anti-dumping legislation of most countries condemns dumping, but, nevertheless, does not prohibit it. Dumping is considered as an export against which anti-dumping measures are allowed.
International practice uses three main criteria to answer the question whether the price of a product offered for export is dumped or not:
a) comparing the price of a commodity in a particular export transaction with the domestic price of the same or similar commodity in the country of export;
b) comparison of the export price with another export sale to some other (third) country of export;
c) comparison of the export price with the cost of production in the country of origin of the exported product.
These criteria severely limit the possibility of an arbitrary answer to the question whether a particular export operation is a dumping export and whether an anti-dumping duty can be used against this operation.
Anti-dumping duties can be defined as additional duties levied on imported goods that are found to be sold at a price below their normal price in the domestic market of the exporting country and thereby cause material damage to national production in the importing country.
Anti-dumping duties are levied in excess of the usual import duties and are protectionist.
Countervailing duties is established in cases of importation into the customs territory of the country of goods, in the production or transportation of which state subsidies of a foreign state were directly or indirectly used, if such importation causes or threatens to cause damage domestic producers similar goods or hinders the organization or expansion of the production of similar goods in the Russian Federation.
The need for such duties is due to the fact that the use of subsidies leads to an artificial underestimation of the cost of production of goods and, consequently, to a decrease in their prices when exporting.
Special protective measures. Special protective measures are measures to limit increased imports into the customs territory of the country through the introduction of a special duty or an import quota.
Special duties are fixed for a fixed period in cases where a product is imported in such quantity as to cause or threaten to cause serious injury to domestic producers of competing products.
Usually, special, countervailing and anti-dumping duties (or special types of duties) are applied by a country either unilaterally to protect against unfair competition from its trading partners, or as its response to discriminatory and other actions that infringe on the interests of the country.
In order to decide on the application of safeguard measures, anti-dumping measures and countervailing measures, irrefutable evidence of a causal relationship between the import of goods and the damage caused to domestic producers or the creation of a threat of harm to domestic producers must be presented. This fact can only be established as a result of a special investigation provided for by the Federal Law of the Russian Federation of December 8, 2003 No. 165-FZ “On special protective, anti-dumping and countervailing measures when importing goods”.
Article 32 of the Federal Law determines that, in accordance with the international treaties of the Russian Federation and federal laws, based on national interests, can be entered measures that are not of an economic nature and affect the external trade in goods, if these measures:
1) are necessary for the observance of public morals or law and order;
2) are necessary to protect the life or health of citizens, the environment, the life or health of animals and plants;
3) relate to the import or export of gold or silver;
4) are used to protect cultural property;
5) are necessary to prevent the exhaustion of irreplaceable natural resources and are carried out simultaneously with the restriction of domestic production or consumption associated with the use of irreplaceable natural resources;
6) are necessary for the acquisition or distribution of goods in case of their general or local shortage;
7) are necessary for the fulfillment of the international obligations of the Russian Federation;
8) are necessary to ensure the defense of the country and the security of the state;
9) are necessary to ensure compliance with regulatory legal acts of the Russian Federation that do not contradict international treaties of Russia, including:
a) application of the customs legislation of the Russian Federation;
b) submission to the customs authorities of the Russian Federation simultaneously with the cargo customs declaration documents on conformity of goods mandatory requirements;
c) environmental protection;
d) obligations in accordance with the legislation of the Russian Federation to export or destroy goods that do not meet technical, pharmacological, sanitary, veterinary, phytosanitary and environmental requirements;
e) prevention and investigation of crimes, as well as legal proceedings and enforcement of court decisions in relation to these crimes;
f) protection of intellectual property;
g) granting an exclusive right.
Prohibitions and restrictions that are not of an economic nature, can be conditionally divided into the following groups:
Prohibitions on import into the Russian Federation and export from the Russian Federation certain categories goods;
Permissive procedure for the import into the Russian Federation and export from the Russian Federation of certain goods;
Special product conformity requirements technical regulations and national standards, as well as veterinary, phytosanitary and sanitary, environmental standards and rules;
Requirements for labeling goods, their packaging, filling out instructions in the language of the recipient country, etc.
Prohibition of import (export) of certain goods. Goods prohibited for export are not subject to actual export from the customs territory of the Russian Federation. Goods prohibited, in accordance with the legislation, for import into the customs territory of the Russian Federation are subject to immediate export from the customs territory, unless otherwise provided Customs Code Russian Federation or other federal laws.
The export of such goods is carried out by the carrier. If it is not possible to immediately export prohibited goods, they are placed in temporary storage warehouses or customs control zones at the expense of persons responsible for committing customs operations for the release of goods. The maximum shelf life of such goods is 3 days.
The prohibition of goods for import into the Russian Federation is established by legislative acts of the relevant state bodies. Expenses incurred by carriers or interested parties in connection with the observance of bans on the import into the customs territory or export from the customs territory of Russia of goods are not reimbursed by the customs authorities.
Prohibitions and restrictions that are not of an economic nature should not be adopted or applied in a way that is a means of arbitrary or unreasonable discrimination against States, or constitute hidden restrictions foreign trade goods.
Thus, based on the provisions of the legislation of the Russian Federation on foreign economic activity, prohibitions and restrictions on foreign trade in goods include:
– introduction of quantitative restrictions on exports and imports of certain categories of goods;
- granting the exclusive right to export and (or) import certain categories of goods;
– the introduction of special protective measures, anti-dumping measures and countervailing measures for the import of goods;
– application of a permit procedure for import, export of certain types of goods;
- special requirements for the compliance of goods with technical regulations and national standards, as well as veterinary, phytosanitary, sanitary, environmental standards and rules;
– other measures (requirements for labeling goods, packaging, filling out instructions in the language of the recipient country, etc.).
In addition, Chapter 8 of the Federal Law, namely Articles 37, 38 and 39, establishes special types of prohibitions and restrictions on foreign trade in goods, services and intellectual property.
Special types of prohibitions and restrictions on foreign trade in goods, services and intellectual property include:
v restriction of foreign trade in goods, services and intellectual property in order to maintain the equilibrium of the balance of payments of the Russian Federation;
v restriction of foreign trade in goods, services and intellectual property associated with the measures of foreign exchange regulation (to maintain the exchange rate of the national currency).
On January 25, 2008, the Agreement between the Government of the Russian Federation, the Government of the Republic of Belarus and the Government of the Republic of Kazakhstan "On uniform measures of non-tariff regulation in relation to third countries" was signed.
Article 9 of the Agreement regulates the application of non-tariff regulation measures in the single customs territory.
Decisions on the application of measures of non-tariff regulation in relation to the import of goods into the single customs territory and (or) their export from this territory are taken by the Commission of the Customs Union, established by the Treaty on the Commission of the Customs Union of October 6, 2007 (hereinafter referred to as the Commission).
The powers of the Parties to make decisions on the application of non-tariff regulation measures provided for by the Agreement may be transferred to the Commission in whole or in part by the decision of the heads of state of the Parties before the creation of a single customs territory of the states of the Parties.
In this case, the decisions of the Commission on the application of non-tariff regulation measures are implemented by the Parties in relation to the import of goods into the customs territories of their states and (or) their export from these territories.
In exceptional cases, the Parties may unilaterally introduce non-tariff regulation measures provided for by the Agreement for a period not exceeding 6 months after the transfer of powers to the Commission or after the creation of a single customs territory.
The Party introducing non-tariff regulation measures shall submit to the Commission for consideration the issue of the application of similar measures by other Parties, and shall also inform these Parties of the introduction and application of such measures.
If a Party introduces measures of non-tariff regulation in the form of a ban or restriction on the export of domestic goods to third countries, other Parties that do not apply these measures shall not allow the export of these goods without a license and (or) permission issued by an authorized government agency the executive branch of the State of that Party.
The procedure for the application in the single customs territory of measures affecting foreign trade in goods and introduced on the basis of national interests and special types of prohibitions and restrictions on foreign trade in goods, including cases of their application unilaterally, as well as the procedure for applying other prohibitions and restrictions on foreign trade, are determined by separate agreements .
Disputes related to the application or interpretation of the provisions of this Agreement shall be resolved through consultations and negotiations between the Parties, and in case of failure to reach an agreement, they are submitted for consideration to the Court of the Eurasian Economic Community.
The list of goods in respect of which the legislation establishes prohibitions and restrictions when they are moved through customs border customs union is approved by the Interstate Council of the Eurasian Economic Community. By decision No. 19 dated November 27, 2009, it was approved Single list goods to which bans or restrictions on import or export are applied by the member states of the customs union within the framework of the Eurasian Economic Community.
2.1. Licensing of export and import of goods
In Russian federation
Licensing of export and import of goods is a measure of operational regulation of foreign trade relations by the state. This measure is applied for certain periods of time individual goods, as well as for individual countries or groups of countries in cases where this is due to the economic and political conditions of the state.
Licensing of exports and imports makes it possible to rationally use foreign currency for the purchase of goods abroad or to restrict the export of goods needed for the domestic market. Licensing is also used to obtain counter concessions from a partner or as a response to discriminatory actions on the part of individual countries or groups of countries.
On the territory of Russia, there is a unified procedure for licensing exports and imports, which is established by the Government of the Russian Federation. At present, there is a Decree of the Government of the Russian Federation dated 09.06.2005 No. 364 “On Approval of Regulations on Licensing in the Field of Foreign Trade in Goods and on the Formation and Maintenance of a Federal Bank of Issued Licenses”.
According to this provision, licensing means administrative procedure regulation foreign trade operations, carried out by issuing a document authorizing the export and (or) import of certain types of goods.
Licensing is carried out in the following cases:
- the introduction of temporary quantitative restrictions on the export or import of certain types of goods;
– implementation of the licensing procedure for the export and (or) import of certain types of goods that may adversely affect the security of the state, the life or health of citizens, the property of individuals or legal entities, state or municipal property, environment, life or health of animals and plants;
- granting the exclusive right to export and (or) import certain types of goods;
– fulfillment by the Russian Federation of international obligations.
License- an official document authorizing the implementation of export and import operations within a specified time.
The list of goods for which the legislation establishes prohibitions and restrictions when they are moved across the customs border of the customs union is approved by the Interstate Council of the Eurasian Economic Community.
Licenses are issued for each type of goods in accordance with the commodity nomenclature of foreign economic activity, regardless of the number of items of goods included in the contract (agreement). Licenses are issued on forms made on special, counterfeit-proof paper, on the basis of applications submitted on model forms and completed in accordance with the rules determined by the legislation of the Russian Federation. At present, the order of the Ministry of Industry and Trade of Russia dated February 27, 2009 No. 84 “On approval of the form of a license and an application for a license” is in force.
A license is an official document that authorizes the implementation of export or import operations within a specified period.
Types of licenses:
single license - a document issued to the applicant on the basis of an agreement (contract) that issued foreign trade deal, the subject of which is the export or import of a particular type of product in a certain quantity. The validity period of a single license cannot exceed 1 year from the date of its issue. If temporary quantitative restrictions are imposed on the goods, the validity period of such a license expires on January 1 next year;
· general license - a document issued to the applicant on the basis of a decision of the Government of the Russian Federation, allowing the export and (or) import of a certain type of product in a certain amount. The term of the general license cannot exceed 1 year from the date of its issue. If temporary quantitative restrictions are imposed on the goods, the validity period of such a license ends on January 1 of the next year;
An exclusive license is a document that grants the applicant exclusive right for the export and (or) import of a particular type of product, as determined by the relevant federal law.
Ministry of Industry and Trade of the Russian Federation through its territorial bodies(licensing authorities) issues the above types of licenses to participants in foreign trade activities.
The decision to issue a license or to refuse to issue a license is made by the licensing authority within 20 days from the date of registration of the submitted documents.
A notice of refusal to issue a license, containing a reasoned justification for the refusal, shall be sent to the applicant.
In the event of a change in the legal form, name or place of registration of the applicant - legal entity or change of the surname, name, patronymic or place of residence of the applicant - individual entrepreneur or loss of a license, the applicant (licensee) is obliged to submit a letter to the relevant licensing authority no later than 15 days later with a request to reissue the license with a new application and documents confirming such changes or loss of the license.
Changes to the issued license are not allowed.
An applicant may be denied a license for the following reasons:
Incorrect execution of an application for a license;
Reporting false information;
Exhaustion of the quota (when licensing in case of introduction of temporary quantitative restrictions on the export or import of certain types of goods).
The decision to suspend the validity of an issued license or to cancel it is made by the licensing authority that issued the license in the following cases:
Submission by the licensee of the relevant application;
Violation by the licensee of the terms of the license.
The license is not transferable by the licensee to other persons.
The absence of a license is the basis for refusal to release goods by the customs authorities of the Russian Federation.
The procedure for holding tenders and auctions for the sale of export and import quotas. Quotas - the establishment of temporary restrictions on the export and import of goods of a certain range.
Import and export of goods in the Russian Federation are carried out without quantitative restrictions, with the exception of cases provided for by the provisions of the Federal Law "On the Basics state regulation foreign trade activity".
At the same time, the Government of the Russian Federation, in exceptional cases, may establish temporary restrictions or prohibitions on the export of goods in order to prevent or reduce a critical shortage in the domestic market of the Russian Federation of food or other goods that are essential for the domestic market of Russia. The list of essential goods is determined by the Government of the Russian Federation.
Within the established quotas, export and import of goods can be carried out only under licenses.
Decree of the Government of the Russian Federation No. 1299 dated October 31, 1996 “On the procedure for holding tenders and auctions for the sale of quotas when introducing quantitative restrictions and licensing the export and import of goods (works, services)” in the Russian Federation approved the Regulation on the procedure for holding tenders and auctions for the sale of export and import quotas.
The purpose of this Regulation is to organize concerted actions of federal executive bodies to implement decisions of the Government of the Russian Federation on the introduction of quantitative restrictions on exports and imports, as well as to ensure equality of participants in foreign trade activities, to protect their rights and legitimate interests during tenders and auctions for the sale of export and import quotas.
The document confirming the rights of the winner of the tender to issue a license for the import/export of goods is extract from the protocol about the winner of the competition.
Auction sale of quotas produced by Russian commodity exchanges on the basis of an agreement on cooperation between these exchanges and the Ministry of Industry and Trade of the Russian Federation. The announcement of the auction must be made by the Exchange at least 30 days before the auction. The Ministry of Industry and Trade of the Russian Federation issues to the winner of the auction sale of quotas auction winner certificate based on bank confirmation of payment of the auction price of the lot.
The validity period of the certificates issued to the winners of the auction cannot exceed the validity period of the quota. The owner of the certificate has the right to transfer it for re-auction sale, handing it over to the organizer of the auction where it was purchased. The issuance of a license to the winner of the auction is carried out by the licensing authority in accordance with the established procedure on the basis of the certificate of the winner of the tender received by it. Funds received from the auction sale of quotas are transferred to the federal budget.
Organization of customs control over the import and export of licensed goods. Customs control over the import and export of licensed goods is carried out by the customs authorities on the basis of the Instruction on operational and centralized control over the import and export of licensed goods. ( This Instruction approved by order of the State Customs Committee of Russia dated December 15, 2002 No. 1342 "On control over the import and export of licensed goods"). The instruction establishes a unified procedure for registration and accounting of licenses in customs authorities of the Russian Federation, as well as a unified procedure for customs control of licensed goods imported into the Russian Federation and exported from the Russian Federation.
The block diagram of the customs control of licensed goods is shown in fig. 5.
Rice. 5. Block diagram of customs control of licensed goods
In accordance with the provisions of this manual, customs control for the import (export) of goods transported across the customs border of the Russian Federation on the basis of licenses issued by the Ministry of Industry and Trade of Russia, Federal Service for military and technical cooperation between Russia and the Federal Service for Technical and Export Control of Russia. At the same time, changes to licenses issued by the Ministry of Industry and Trade of Russia, in contrast to licenses issued by the FSMTC of Russia and the FSTEC of Russia, are not allowed (paragraph 9 of the Regulations on Licensing in the Field of Foreign Trade in Goods, approved by the Decree Government of the Russian Federation dated 09.06.2005 No. 364 “On approval of regulations on licensing in the field of foreign trade in goods and on the formation and maintenance of a federal bank of issued licenses”).