FEDERAL LAW OF DECEMBER 8, 2003 N 164-FZ

On the basics of state regulation of foreign trade




Adopted by the State Duma on November 21, 2003

Approved by the Federation Council on November 26, 2003




Chapter 1. General Provisions

Article 1. Objectives and scope of application of this Federal Law

1. This Federal Law defines the foundations of state regulation of foreign trade, the powers of the Russian Federation and the constituent entities of the Russian Federation in the field of foreign trade in order to ensure favorable conditions for foreign trade, as well as to protect the economic and political interests of the Russian Federation.

2. This Federal Law applies to relations in the field of state regulation of foreign trade activities, as well as to relations directly related to such activities.

3. Peculiarities of state regulation of foreign trade in the area related to export from the Russian Federation and import to the Russian Federation, including supply or purchase, of military products, development and production of military products, as well as peculiarities of state regulation of foreign trade in in relation to goods, information, works, services, results of intellectual activity that can be used in the creation of weapons of mass destruction, their delivery vehicles, other types of weapons and military equipment, are established by international treaties of the Russian Federation, federal laws on military-technical cooperation of the Russian Federation with foreign states and export control.

4. The provisions of this Federal Law concerning state regulation of foreign trade in services shall not apply to:

1) services provided in the performance of the functions of public authorities not on a commercial basis and not in competition with one or more service providers;

2) services rendered in the course of the activities of the Central Bank of the Russian Federation in order to fulfill the functions established by federal laws;

3) financial services provided when performing social security activities, including state pensions, and activities under the guarantees of the Government of the Russian Federation or using state financial resources, not on terms of competition with one or more service providers.


Article 2. Basic concepts used in this Federal Law
For the purposes of this Federal Law, the following basic concepts are used:
1) similar product - a product that, in terms of its functional purpose, application, quality and technical characteristics, is completely identical to another product, or in the absence of such a completely identical product, a product that has characteristics close to the characteristics of another product;
2) reciprocity - the provision by one state (group of states) to another state (group of states) of a certain regime of international trade in exchange for the provision by the second state (group of states) to the first state (group of states) of the same regime;
3) foreign trade barter transaction - a transaction made in the implementation of foreign trade activities and providing for the exchange of goods, services, works, intellectual property, including a transaction that, along with the specified exchange, provides for the use of monetary and (or) other means of payment in its implementation;
4) foreign trade activity - activity on the implementation of transactions in the field of foreign trade in goods, services, information and intellectual property;
5) foreign trade in intellectual property - the transfer of exclusive rights to objects of intellectual property or the granting of the right to use objects of intellectual property by a Russian person to a foreign person or by a foreign person to a Russian person;
6) foreign trade in information - foreign trade in goods, if information is an integral part of these goods, foreign trade in intellectual property, if the transfer of information is carried out as a transfer of rights to intellectual property, or foreign trade in services in other cases;
7) foreign trade in goods - import and (or) export of goods. The movement of goods from one part of the customs territory of the Russian Federation to another part of the customs territory of the Russian Federation, if such parts are not interconnected by the land territory of the Russian Federation, through the customs territory of a foreign state is not foreign trade in goods;
8) foreign trade in services - the provision of services (performance of work), including production, distribution, marketing, delivery of services (work) and carried out by the methods specified in Article 33 of this Federal Law;
9) free trade zone - customs territories where, in accordance with an international treaty with one or several states or groups of states, customs duties and other measures to restrict foreign trade in goods originating from these customs territories have been abolished in relation to almost all foreign trade in such goods in within these customs territories, with the exception of the possibility of applying, if necessary, such measures in the cases provided for by Articles 21, 32, 38 and 39 of this Federal Law. At the same time, the participants in the free trade zone do not carry out any significant coordination in relation to the application of customs duties and other measures to regulate foreign trade in goods with third countries;
10) import of goods - the import of goods into the customs territory of the Russian Federation without an obligation to re-export;
11) foreign person - an individual, a legal entity or an organization that is not a legal entity under the law of a foreign state, which are not Russian entities;
12) foreign customer of services - a foreign person who ordered services (works) or uses them;
13) foreign service provider - a foreign person providing services (performing work);
14) commercial presence - any form of organization of entrepreneurial and other economic activities of a foreign person on the territory of the Russian Federation or a Russian person on the territory of a foreign state allowed by the legislation of the Russian Federation or the legislation of a foreign state in order to provide services, including by creating a legal entity, branch or representative office a legal entity or participation in the authorized (pooled) capital of a legal entity. A Russian legal entity through which a commercial presence is carried out is considered as a foreign service provider if the foreign entity (foreign entities), due to the prevailing participation in the authorized (pooled) capital of the Russian legal entity, or in accordance with an agreement concluded between them, or otherwise has the ability to determine the decisions made by a Russian legal entity;
15) international transit - movement of goods, vehicles through the customs territory of the Russian Federation, if such movement is only a part of the route that begins and ends outside the customs territory of the Russian Federation;
16) directly competing product - a product that is comparable with another product for its purpose, application, quality
Article 3.Legislation of the Russian Federation on Foreign Trade Activity
State regulation of foreign trade activity is based on the Constitution of the Russian Federation and is carried out in accordance with this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, as well as generally recognized principles and norms of international law and international treaties of the Russian Federation.

Article 4. Basic principles of state regulation of foreign trade activity
The main principles of state regulation of foreign trade are:
1) protection by the state of the rights and legitimate interests of participants in foreign trade activities, as well as the rights and legitimate interests of Russian producers and consumers of goods and services;
2) equality and non-discrimination of participants in foreign trade activity, unless otherwise provided by federal law;
3) the unity of the customs territory of the Russian Federation;
4) reciprocity in relation to another state (group of states);
5) ensuring the fulfillment of the obligations of the Russian Federation under international treaties of the Russian Federation and the exercise of the rights of the Russian Federation arising from these treaties;
6) the choice of measures of state regulation of foreign trade activities that are no more burdensome for participants in foreign trade activities than is necessary to ensure the effective achievement of the goals for the implementation of which it is supposed to apply measures of state regulation of foreign trade;
7) publicity in the development, adoption and application of measures of state regulation of foreign trade activities;
8) the validity and objectivity of the application of measures of state regulation of foreign trade activities;
9) exclusion of unjustified interference of the state or its bodies in foreign trade activities and damage to participants in foreign trade activities and the economy of the Russian Federation;
10) ensuring the country's defense and state security;
11) ensuring the right to appeal in a judicial or other procedure established by law of illegal actions (inaction) of state bodies and their officials, as well as the right to challenge the regulatory legal acts of the Russian Federation that infringe on the right of a participant in foreign trade to carry out foreign trade activities;
12) the unity of the system of state regulation of foreign trade;
13) the unity of the application of methods of state regulation of foreign trade activities throughout the territory of the Russian Federation.

Article 5. Trade policy of the Russian Federation
1. The trade policy of the Russian Federation is an integral part of the economic policy of the Russian Federation. The purpose of the trade policy of the Russian Federation is to create favorable conditions for Russian exporters, importers, manufacturers and consumers of goods and services.
2. The trade policy of the Russian Federation is based on the observance of generally recognized principles and norms of international law, as well as obligations arising from international treaties of the Russian Federation.
3. The implementation of the trade policy of the Russian Federation is carried out using the methods of state regulation of foreign trade activities provided for in Article 12 of this Federal Law.


Chapter 2. Subjects of jurisdiction and powers of the Russian Federation and the constituent entities of the Russian Federation in the field of foreign trade activities

Article 6. Subjects of jurisdiction of the Russian Federation in the field of foreign trade activity
The jurisdiction of the Russian Federation in the field of foreign trade includes:
1) formation of the concept and strategy for the development of foreign trade relations and the basic principles of the trade policy of the Russian Federation;
2) protection of the economic sovereignty and economic interests of the Russian Federation, the economic interests of the constituent entities of the Russian Federation and Russian persons;
3) state regulation of foreign trade, including customs tariff and non-tariff regulation, as well as state regulation of activities in the field of confirming the compliance of goods with mandatory requirements in connection with their import into the Russian Federation and export from the Russian Federation;
4) the establishment of mandatory requirements and safety criteria throughout the Russian Federation for the life or health of citizens, property of individuals or legal entities, state or municipal property, the environment, life or health of animals and plants when importing goods into the Russian Federation and rules for monitoring them ;
5) determination of the procedure for export from the Russian Federation and import into the Russian Federation of fissile (fissile) nuclear substances, poisonous, explosive, toxic substances, hazardous waste, potent, narcotic drugs, psychotropic substances and their precursors, biologically active materials (donor blood, internal organs and other materials), genetically active mater
Article 7. Subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation in the field of foreign trade activities

In the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation in the field of foreign trade activities are:

1) coordination of foreign economic relations of the constituent entities of the Russian Federation;
2) the implementation of international treaties of the Russian Federation in the field of foreign economic relations, if these treaties affect issues related to the jurisdiction of the constituent entities of the Russian Federation, or the powers of the constituent entities of the Russian Federation in matters of joint jurisdiction of the Russian Federation and constituent entities of the Russian Federation;
3) information support of foreign trade activities;
4) creation of insurance and pledge funds in the field of foreign trade;
5) participation in the activities of bodies of international organizations specially created for this purpose.

Article 8. Powers of the constituent entities of the Russian Federation in the field of foreign trade activity
Subjects of the Russian Federation, within their competence, have the right:
1) conduct negotiations and conclude agreements on the implementation of foreign economic relations with subjects of foreign federal states, administrative-territorial formations of foreign states, as well as with the consent of the Government of the Russian Federation with state authorities of foreign states;
2) maintain its representatives at trade missions of the Russian Federation in foreign states at the expense of the budgets of the constituent entities of the Russian Federation in agreement with the federal executive body specified in part 3 of Article 13 of this Federal Law and the Ministry of Foreign Affairs of the Russian Federation;
3) open representative offices in foreign countries in order to implement agreements on the implementation of foreign economic relations in the manner prescribed by the legislation of the Russian Federation;
4) carry out the formation and implementation of regional programs of foreign trade.

Article 9. Interaction between federal executive bodies and executive bodies of constituent entities of the Russian Federation
1. The federal executive body specified in part 3 of Article 13 of this Federal Law shall be obliged to coordinate with the relevant executive bodies of the constituent entities of the Russian Federation draft plans and programs for the development of foreign trade activities affecting the interests of the constituent entities of the Russian Federation and being within their competence.
2. The executive body of the constituent entity of the Russian Federation, within thirty days after the submission of the corresponding draft plan or program for approval, shall send an official opinion to the federal executive body specified in Part 3 of Article 13 of this Federal Law.
3. Failure to submit an official conclusion by the executive authority of the constituent entity of the Russian Federation shall be considered as its agreement with the draft plan and program aimed at approval.
4. The executive bodies of the constituent entity of the Russian Federation are obliged to inform the federal executive body specified in part 3 of Article 13 of this Federal Law of all actions taken by the constituent entity of the Russian Federation on issues of joint jurisdiction of the Russian Federation and constituent entities of the Russian Federation in the field of foreign trade.

Chapter 3. Participants in foreign trade activities

Article 10. Russian persons and foreign persons as participants in foreign trade activities
Any Russian and foreign persons have the right to carry out foreign trade activities. This right may be limited in cases stipulated by international treaties of the Russian Federation, this Federal Law and other federal laws.

Article 11. Participation of the Russian Federation, constituent entities of the Russian Federation and municipalities in the implementation of foreign trade activities
The Russian Federation, constituent entities of the Russian Federation and municipalities carry out foreign trade activities only in cases established by federal laws.

Chapter 4. The main provisions of state regulation of foreign trade activities

Article 12. Methods of state regulation of foreign trade activity
1. State regulation of foreign trade activity is carried out in accordance with international treaties of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation through:
1) customs and tariff regulation;
2) non-tariff regulation;
3) prohibitions and restrictions on foreign trade in services and intellectual property;
4) measures of an economic and administrative nature, contributing to the development of foreign trade activities and provided for by this Federal Law.
2. Other methods of state regulation of foreign trade are not allowed.
Article13. The Powers of the Bodies of State Power of the Russian Federation in the Field of State Regulation of Foreign Trade Activity
1. The President of the Russian Federation, in accordance with the Constitution of the Russian Federation and federal laws:
1) determines the main directions of the trade policy of the Russian Federation;
2) determines the procedure for the import into the Russian Federation and export from the Russian Federation of precious metals and precious stones;
3) establishes bans and restrictions on foreign trade in goods, services and intellectual property for the purpose of participation of the Russian Federation in international sanctions;
4) exercise other powers.

2. The Government of the Russian Federation:
1) ensures the implementation of a unified trade policy in the Russian Federation and takes measures for its implementation, makes appropriate decisions and ensures their implementation;
2) applies special protective measures, anti-dumping measures and countervailing measures in the implementation of foreign trade in goods, as well as other measures to protect the economic interests of the Russian Federation;
3) sets the rates of the customs tariff within the limits determined by federal law;
4) introduces quantitative restrictions on the export and import of goods in accordance with international treaties of the Russian Federation, federal laws and determines the procedure for applying quantitative restrictions on the export and import of goods;
5) establishes a permitting procedure for the export and (or) import of certain types of goods that may have an adverse effect on the security of the state, the life or health of citizens, property of individuals or legal entities, state or municipal property, the environment, life or health of animals and plants, and also determines the list of certain types of goods in respect of which this procedure applies;
6) determines the procedure for licensing in the field of foreign trade in goods and the procedure for the formation and maintenance of the federal bank of issued licenses;
7) on the proposal of the federal executive body specified in part 3 of this article, determines the list of certain types of goods, the export and (or) import of which is monitored;
8) determines the procedure for monitoring the export and (or) import of certain types of goods;
9) makes decisions, within the limits of its competence, on the conduct of negotiations and the signing of international treaties of the Russian Federation;
10) makes decisions on imposing, as retaliatory measures against foreign states, restrictions on foreign trade in goods, services and intellectual property in the cases provided for by this Federal Law;
11) determines the procedure for the import into the Russian Federation and export from the Russian Federation of fissile (fissile) nuclear substances;
12) establishes the procedure for the export of goods from the Russian Federation, part of which is information constituting a state secret;
13) approves the commodity nomenclature of foreign economic activity;
14) exercises other powers assigned to him by the Constitution of the Russian Federation, federal laws, decrees of the President of the Russian Federation in the field of state regulation of foreign trade activities and state control in this area.

3. Development of proposals concerning the trade policy of the Russian Federation, state regulation of foreign trade, the conclusion of international trade agreements and other agreements of the Russian Federation in the field of foreign economic relations, is carried out by the authorized federal executive body, which the Government of the Russian Federation, within its competence, has endowed with the right of state regulation of foreign trade. activities. If the interests of the constituent entities of the Russian Federation are affected, the development of these proposals is carried out with the participation of the relevant executive authorities of the constituent entities of the Russian Federation.

4. The federal executive body specified in part 3 of this article submits proposals to the Government of the Russian Federation regarding the trade policy of the Russian Federation, and ensures the implementation of tasks to protect the economic interests of the Russian Federation, constituent entities of the Russian Federation and Russian entities, as well as the implementation of measures related to government regulation of foreign trade.

5. The federal executive body specified in Part 3 of this Article is the only government body issuing licenses provided for in Article 24 of this Federal Law.

Article 14. Conclusion of international trade agreements and other agreements of the Russian Federation in the field of foreign economic relations
1. Proposals for the conclusion of international trade agreements and other agreements of the Russian Federation in the field of foreign economic relations are submitted in the manner established by the Federal Law of July 15, 1995 N 101-FZ "On international agreements of the Russian Federation.
Article16. Entry into force of regulatory legal acts in the field of foreign trade
Regulatory legal acts in the field of foreign trade activities come into force after their official publication within the time frame and in the manner prescribed by the legislation of the Russian Federation.

Article 17. Confidentiality
State authorities of the Russian Federation and officials of state authorities of the Russian Federation carrying out activities related to state regulation of foreign trade activities must ensure the confidentiality of information constituting state, commercial and other secrets protected by law, and use it only for the purposes for which such information provided.

Article 18. Right to appeal against a decision, action (inaction) of a state body or its official
1. A participant in foreign trade activity has the right to appeal against a decision, action (inaction) of a state body or its official, if such a decision, action (inaction), in the opinion of a participant in foreign trade activities, violated his rights, freedoms or legitimate interests, obstacles to their implementation are created for him. or has been unlawfully entrusted with a duty.
2. The decision, action (inaction) of a state body or its official may be appealed to a court, an arbitration court and, in cases established by the legislation of the Russian Federation, to a higher state body.


Chapter 5. State regulation of foreign trade in the field of foreign trade in goods

Article 19. Customs tariff regulation
In order to regulate foreign trade in goods, including to protect the domestic market of the Russian Federation and stimulate progressive structural changes in the economy, import and export customs duties are established in accordance with the legislation of the Russian Federation.



Article 20. Non-tariff regulation
Non-tariff regulation of foreign trade in goods may be carried out only in the cases provided for by Articles 21 - 24, 26 and 27 of this Federal Law, subject to the requirements specified therein.



Article 21. Quantitative restrictions established by the Government of the Russian Federation in exceptional cases
1. Import and export of goods shall be carried out without quantitative restrictions, except for the cases provided for by Part 2 of this Article, as well as other provisions of this Federal Law.
2. The Government of the Russian Federation in exceptional cases may establish:
1) temporary restrictions or bans on the export of goods 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 the Russian Federation. The list of goods that are essential is determined by the Government of the Russian Federation;
2) restrictions on the import of agricultural products or aquatic biological resources imported into the Russian Federation in any form, if necessary:
a) reduce the production or sale of similar goods of Russian origin;
b) reduce the production or sale of goods of Russian origin, which can be directly replaced by imported goods, if there is no significant production of similar goods in the Russian Federation;
c) withdraw from the market a temporary surplus of similar goods of Russian origin by providing the existing surplus of such goods to some groups of Russian consumers free of charge or at prices below market;
d) remove from the market a temporary surplus of goods of Russian origin, which can be directly replaced by imported goods, if there is no significant production of similar goods in the Russian Federation, by providing the existing surplus of such goods to some groups of Russian consumers free of charge or at prices below market prices;
e) restrict the production of products of animal origin, the production of which depends on the goods imported into the Russian Federation, if the production in the Russian Federation of a similar product is relatively insignificant.

3. Food and agricultural products for the purposes of this article are determined by the Government of the Russian Federation.

Article 22. Non-discriminatory application of quantitative restrictions
1. In the event that this Federal Law allows the establishment of quantitative restrictions on the export and (or) import of goods, such restrictions shall apply regardless of the country of origin of the goods, unless otherwise provided by this Federal Law.
2. If, when establishing quantitative restrictions on the import of goods, the distribution of shares of import of goods between interested foreign states is carried out, the previous import of goods from such states shall be taken into account.
3. The provisions of parts 1 and 2 of this article may not apply
Article 34. National Treatment of Foreign Trade in Services
1. Unless otherwise provided by international treaties of the Russian Federation, this Federal Law or other regulatory legal acts of the Russian Federation in relation to measures affecting foreign trade in services, foreign service providers and the methods provided in paragraphs 2, 4, 6 and 8 of Part 1 of Article 33 of this Federal Law, services are provided with a treatment no less favorable than the treatment provided to similar Russian service providers and services rendered by them on the territory of the Russian Federation. The regime is considered less favorable if it changes the conditions of competition in favor of Russian service providers or services rendered by them on the territory of the Russian Federation in comparison with similar foreign service providers or provided by the methods specified in clauses 2, 4, 6 and 8 of part 1 of Article 33 of this Federal law, services.
2. The provisions of part 1 of this article shall not apply to the provision of services (performance of work) for state needs.

Article 35. Measures affecting foreign trade in services and imposed on the basis of national interests
1. Regardless of the provisions of Article 34 of this Federal Law, in accordance with international treaties of the Russian Federation and federal laws, based on national interests, measures affecting foreign trade in services may be introduced if these measures:
1) are necessary for the observance of public morality 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) are necessary for the fulfillment of the international obligations of the Russian Federation;
4) are necessary to ensure the defense of the country and the security of the state;
5) are necessary to ensure the integrity and stability of the financial system, to protect the rights and legitimate interests of investors, depositors, policyholders, financial service providers;
6) are aimed at ensuring equal or effective establishment or collection of taxes in relation to foreign service providers and (or) methods of rendering services specified in Clauses 2, 4, 6 and 8 of Part 1 of Article 33 of this Federal Law;
7) are measures to implement the provisions of the treaty on the avoidance of double taxation;
8) are necessary to ensure compliance with the regulatory legal acts of the Russian Federation that do not contradict the provisions of this Federal Law, including:
a) prevention and investigation of crimes, as well as legal proceedings and execution of court decisions in relation to these crimes;
b) prevention of unfair practice or the consequences of non-fulfillment of contracts, the subject of which is the provision of services;
c) protection against interference with the privacy of individuals in relation to the processing and dissemination of personal information and the protection of confidential information about an individual and personal accounts.
2. The measures specified in part 1 of this article must not be taken or applied in a manner that is a means of arbitrary or unjustified discrimination against states, or constitute hidden restrictions on foreign trade in services.
3. The provisions of part 2 of this article may not apply to services, foreign service providers from foreign states or groups of foreign states with which the Russian Federation has no mutual contractual obligations to provide a regime no less favorable than the regime provided to other states or groups of states

Chapter 7. State regulation of foreign trade in the field of foreign trade in intellectual property

Article 36. Foreign trade in intellectual property
1. State regulation of foreign trade in the field of foreign trade in intellectual property shall be carried out in accordance with this Federal Law.
2. In accordance with international treaties of the Russian Federation and federal laws, measures may be introduced that affect foreign trade in intellectual property, if these measures are necessary to comply with public morality or law and order, to protect the life or health of citizens, the environment, the life or health of animals and plants, international obligations of the Russian Federation, ensuring the country's defense and state security and in other cases provided for by this Federal Law.

Chapter 8. Special types of prohibitions and restrictions on foreign trade in goods, services and intellectual property

Article 37. Prohibitions and restrictions on foreign trade in goods, services and intellectual property for the purpose of participation of the Russian Federation in international sanctions
In accordance with the decrees of the President of the Russian Federation, foreign trade in goods, services and intellectual property may be limited by measures, the adoption of which is necessary for the participation of the Russian Federation in international sanctions in accordance with the US

Article 37. Prohibitions and restrictions on foreign trade in goods, services and intellectual property for the purpose of participation of the Russian Federation in international sanctions
In accordance with the decrees of the President of the Russian Federation, foreign trade in goods, services and intellectual property may be limited by measures, the adoption of which is necessary for the participation of the Russian Federation in international sanctions in accordance with the UN Charter, including measures deviating from the provisions of Part 1 of Article 21, Articles 22, 29-31 and 34 of this Federal Law.

Article 38. Restrictions on foreign trade in goods, services and intellectual property in order to maintain the balance of payments of the Russian Federation
1. In order to protect the external financial situation and maintain the balance of payments of the Russian Federation, the Government of the Russian Federation may decide to introduce measures to restrict foreign trade in goods, services and intellectual property, including measures deviating from the provisions of Part 1 of Article 21, Articles 22, 29, 30 and 34 of this Federal Law. Such measures are introduced or strengthened if necessary:
1) stop a serious reduction in the foreign exchange reserves of the Russian Federation or prevent the threat of a serious reduction in the foreign exchange reserves of the Russian Federation;
2) achieve a reasonable rate of increase in the foreign exchange reserves of the Russian Federation (if foreign exchange reserves are very small).
2. The measures specified in Part 1 of this Article shall be introduced for the period necessary to achieve the set goals, taking into account the international obligations of the Russian Federation.
3. The Government of the Russian Federation, when introducing measures to restrict foreign trade in goods, services and intellectual property specified in part 1 of this article, shall determine the federal executive body responsible for the implementation of such measures.
4. The decision on the introduction of measures to restrict foreign trade in goods, services and intellectual property specified in part 1 of this article shall be made by the Government of the Russian Federation on the proposal of the Central Bank of the Russian Federation.

Article 39. Restrictions on foreign trade in goods, services and intellectual property associated with measures of currency regulation
Foreign trade in goods, services and intellectual property may be limited by measures of currency regulation or currency control in accordance with the Articles of the Agreement of the International Monetary Fund and with the legislation of the Russian Federation.

Article 40. Countermeasures
1. The Government of the Russian Federation may introduce measures to restrict foreign trade in goods, services and intellectual property (retaliatory measures) if a foreign state:
1) does not fulfill its obligations under international treaties with respect to the Russian Federation;
2) takes measures that violate the economic interests of the Russian Federation, constituent entities of the Russian Federation, municipalities or Russian persons, or the political interests of the Russian Federation, including measures that unreasonably bar Russian persons from accessing the market of a foreign state or otherwise unreasonably discriminate against Russian persons;
3) does not provide Russian persons with adequate and effective protection of their legitimate interests in this state, for example, protection against the anti-competitive activities of other persons;
4) does not take reasonable actions to combat illegal activities of individuals or legal entities of this state on the territory of the Russian Federation.
2. The measures to restrict foreign trade in goods, services and intellectual property specified in part 1 of this article are introduced in accordance with the generally recognized principles and norms of international law, international treaties of the Russian Federation and within the limits necessary for the effective protection of the economic interests of the Russian Federation, constituent entities of the Russian Federation. Federation, municipalities and Russian entities. These measures may deviate from the provisions of Part 1 of Article 21, Articles 22, 29 - 31 and 34 of this Federal Law.
3. The federal executive body specified in Part 3 of Article 13 of this Federal Law collects and summarizes information related to the violation by a foreign state of the rights and legitimate interests of the Russian Federation, constituent entities of the Russian Federation, municipalities and Russian entities in the cases specified in Part 1 of this article. If, as a result of consideration of the information received, this federal executive body concludes that it is advisable to introduce retaliatory measures in connection with the violations specified in Part 1 of this Article, it shall submit to the Government of the Russian Federation a report containing proposals on the introduction of reciprocal measures agreed with the Ministry of Foreign Affairs of the Russian Federation. measures.
4. The decision to introduce retaliatory measures is taken by the Government of the Russian Federation. Before retaliation


Chapter 10. State regulation of foreign trade barter transactions

Article 43. Measures in relation to foreign trade barter transactions
1. In the event that bans and restrictions on foreign trade in goods, services and intellectual property are established in accordance with this Federal Law, such bans and restrictions shall also apply to foreign trade in goods, services and intellectual property carried out using foreign trade barter transactions.
2. On the grounds specified in Part 1 of Article 38 of this Federal Law, the Government of the Russian Federation may establish restrictions on the use of foreign trade barter transactions in foreign trade in goods, services and intellectual property.

Article 44. Procedure for control over the implementation of foreign trade barter transactions and their accounting
1. Foreign trade in goods, services and intellectual property using foreign trade barter transactions can be carried out only on the condition that such transactions provide for the exchange of goods, services, works, intellectual property of equal value, as well as the obligation of the relevant party to pay the difference in their value in the event if such a transaction provides for the exchange of unequal goods, services, works, intellectual property.
2. The procedure for exercising control over foreign trade barter transactions and their accounting shall be established by the Government of the Russian Federation. If foreign trade barter transactions provide for the partial use of monetary and (or) other means of payment, the procedure for monitoring such transactions and their accounting shall be established by the Government of the Russian Federation and the Central Bank of the Russian Federation in accordance with the legislation of the Russian Federation.

Article 45. Features of the implementation of foreign trade barter transactions
1. The document that draws up a foreign trade barter transaction must indicate:
1) the date of conclusion and the number of the foreign trade barter transaction;
2) nomenclature, quantity, quality, price of goods for each commodity item, terms and conditions of export, import of goods. The contract for the supply of complete equipment (provision of services and performance of work) during the construction of complete facilities in a foreign state indicates the cost of goods (hereinafter referred to as counter goods) provided for exchange for goods of equal value exported from the Russian Federation, and the range, quantity, quality and the price of counter goods is indicated in additional protocols, which should form part of such contracts;
3) a list of services, works, intellectual property, their cost, terms for the provision of services, performance of works, transfer of exclusive rights to objects of intellectual property or granting the right to use objects of intellectual property;
4) a list of documents submitted to a Russian person to confirm the fact of providing services, performing work, transferring exclusive rights to intellectual property or granting the right to use intellectual property.
2. Russian persons who have entered into foreign trade barter transactions or on whose behalf such transactions have been concluded, within the time limits established by the legislation of the Russian Federation for the implementation of current foreign exchange transactions and calculated from the date of the actual crossing of the goods exported from the Russian Federation to the customs border of the Russian Federation, from the date of rendering services , the performance of work, the transfer of exclusive rights to intellectual property objects or the granting of the right to use intellectual property objects are obliged to ensure the importation of goods of equal value into the customs territory of the Russian Federation into the customs territory of the Russian Federation, the provision of equivalent services by foreign persons, the performance of work of equal value, the transfer of equivalent exclusive rights to objects of intellectual property or the granting of the right to use objects of intellectual property with confirmation of the fact of importing goods, providing services, performing work bot, transfer of exclusive rights to objects of intellectual property or granting the right to use objects of intellectual property by the relevant documents, as well as receipt of payment means and crediting to the accounts of these Russian persons in authorized banks of the corresponding funds, if foreign trade barter transactions provide for partial use of money and (or ) other means of payment.
3. Exceeding the time limits provided for in part 2 of this article and the fulfillment by a foreign person of an obligation under a foreign trade barter transaction in a manner that does not provide for the import of goods into the customs territory of the Russian Federation, the provision of services by a foreign person, the performance of work, the transfer of exclusive rights to intellectual property
4. When exporting goods, the fulfillment by Russian persons of the obligation provided for in part 2 of this article is a requirement of the export customs regime.
5. When carrying out foreign trade barter transactions under an agreement for the supply of complete equipment (provision of services and performance of work) for the construction of complete facilities in a foreign state, counter goods may be sold without being imported into the customs territory of the Russian Federation. Wherein:
1) the actual receipt of counter goods must be confirmed by appropriate documents;
2) Russian entities, no later than 90 days from the date of actual receipt of counter goods, are obliged to ensure their sale at market prices in force in the country of their sale, and crediting to their accounts in authorized banks on the territory of the Russian Federation of all monetary funds received from their sale , or receiving means of payment.
6. Foreign trade in goods, services and intellectual property using foreign trade barter transactions can be carried out only after the registration of the corresponding passport of a foreign trade barter transaction, which, among other things, indicates information about payments using monetary and (or) other means of payment, if a foreign trade barter transaction is carried out with partial use of monetary and (or) other means of payment.
7. When declaring goods transported across the customs border of the Russian Federation on account of the execution of a foreign trade barter transaction, a passport of the foreign trade barter transaction is submitted to the customs authorities of the Russian Federation.

Chapter 11. Assistance in the development of foreign trade activities

Article 46. Measures to promote the development of foreign trade activities
The Government of the Russian Federation and the executive authorities of the constituent entities of the Russian Federation, within the framework of their competence, carry out, in accordance with international treaties of the Russian Federation, the legislation of the Russian Federation, measures (including their necessary funding) that contribute to the development of foreign trade activities, including ensuring:
1) lending to participants in foreign trade activities;
2) functioning of systems of guarantees and insurance of export credits;
3) organization of trade exhibitions and fairs, specialized symposia and conferences and participation in them;
4) conducting campaigns (including advertising) to promote Russian goods, services, intellectual property on world markets.

Article 47. Information support of foreign trade activity
1. In order to develop and improve the efficiency of foreign trade activities, a system of foreign trade information is created, which is managed by the federal executive body specified in part 3 of Article 13 of this Federal Law.
2. The system of foreign trade information includes the following information:
1) about Russian persons and about foreign persons engaged in foreign trade activities in the Russian market;
2) about Russian persons and about foreign persons who have received quotas and licenses;
3) on international trade agreements and on other agreements of the Russian Federation in the field of foreign economic relations;
4) on Russian and foreign legislation in the field of foreign trade;
5) on the activities of trade missions of the Russian Federation in foreign countries;
6) on the activities of the Russian Export-Import Bank and other organizations providing credit and insurance services in the field of foreign trade;
7) on customs statistics of foreign trade of the Russian Federation;
8) on the situation in foreign markets for the main product groups;
9) on the legislation of the Russian Federation in the field of technical regulation;
10) on offenses in the field of foreign trade;
11) on the list of goods, the import of which into the territory of the Russian Federation or the export of which from its territory is prohibited;
12) other information useful for carrying out foreign trade activities.
3. The federal executive body specified in Part 3 of Article 13 of this Federal Law shall, within a reasonable time, provide the necessary information in the field of foreign trade activities to a Russian person or a foreign person participating in foreign trade activities for a fee not exceeding the cost of services rendered for the provision of such information. The funds received are transferred in full to the federal budget.
4. In accordance with the obligations arising from international treaties of the Russian Federation, the federal executive body specified in Part 3 of Article 13 of this Federal Law provides foreign states and international organizations with information on measures of state regulation of foreign trade activities.

Article 48. Foreign trade statistics
1. The Government of the Russian Federation, together with the Central Bank of the Russian Federation, ensures the creation of a federal system of statistical reporting, collection and development of statistical data comparable to those used in international practice using a unified methodology. This data includes data on:
1) foreign trade of the Russian Federation, obtained on the basis of state statistical reports and customs statistics of foreign trade of the Russian Federation, including the trade balances of the Russian Federation;
2) the balance of payments of the Russian Federation, including statistics of foreign trade in goods, services, intellectual property, capital movements.
2. The Government of the Russian Federation, together with the Central Bank of the Russian Federation, shall provide monthly, quarterly and annual official publication of the statistical data specified in paragraph 1 of part 1 of this article.

Article 49. Ensuring favorable conditions for the access of Russian persons to foreign markets
The Government of the Russian Federation is taking measures to create favorable conditions for the access of Russian persons to the markets of foreign states and for this purpose enters into bilateral and multilateral negotiations, concludes international treaties of the Russian Federation, and also participates in the creation and activities of international organizations and intergovernmental commissions designed to promote development foreign economic relations of the Russian Federation.

Article 50. Ensuring the foreign economic interests of the Russian Federation in foreign states
1. The foreign economic interests of the Russian Federation in foreign states are ensured by the diplomatic missions and consular offices of the Russian Federation, as well as the trade missions of the Russian Federation established on the basis of international treaties of the Russian Federation.
2. Decisions related to the establishment of trade representations of the Russian Federation in foreign countries are made by the Government of the Russian Federation.

Article 51. Representations of foreign states on trade and economic issues in the Russian Federation
Representative offices of foreign states on trade and economic issues are established in the Russian Federation on the basis of international treaties concluded by the Russian Federation with the respective foreign states.


Chapter 12. Control over the implementation of foreign trade activities, responsibility for violation of the legislation of the Russian Federation on foreign trade activities

Article 52. Control over the implementation of foreign trade activities
Control over the implementation of foreign trade activities is carried out by the relevant state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation within their competence in order to ensure compliance with the provisions of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation on foreign trade activities, ensuring and protecting economic and the political interests of the Russian Federation and the constituent entities of the Russian Federation, as well as the protection of the economic interests of municipalities and Russian entities.

Article 53. Liability of Persons Guilty of Violating the Legislation of the Russian Federation on Foreign Trade Activity
Persons guilty of violating the legislation of the Russian Federation on foreign trade activities bear civil, administrative or criminal liability in accordance with the legislation of the Russian Federation.

Chapter 13. Final and transitional provisions

Article 54. Entry into force of this Federal Law
1. This Federal Law shall enter into force upon the expiration of six months from the date of its official publication, with the exception of Part 4 of Article 45 of this Federal Law.
2. Part 4 of Article 45 of this Federal Law shall enter into force from the date of entry into force of the Customs Code of the Russian Federation of May 28, 2003 N 61-FZ, but not earlier than the entry into force of this Federal Law.
3. From the date of entry into force of this Federal Law, to declare invalid:
Federal Law of October 13, 1995 N 157-FZ "On State Regulation of Foreign Trade Activity" (Collected Legislation of the Russian Federation, 1995, N 42, Article 3923);
Federal Law of July 8, 1997 N 96-FZ "On Amendments to the Federal Law" On State Regulation of Foreign Trade Activity "(Collected Legislation of the Russian Federation, 1997, N 28, Art. 3305);
paragraphs four and five of paragraph 1 and paragraph 2 of Article 1, paragraphs nine and ten of Article 2, chapters V and VI of the Federal Law of April 14, 1998 N 63-FZ "On measures to protect the economic interests of the Russian Federation in the implementation of foreign trade in goods" ( Collected Legislation of the Russian Federation, 1998, N 16, Article 1798);
Article 3 of the Federal Law of February 10, 1999 N 32-FZ "On Amendments and Additions to the Legislative Acts of the Russian Federation Arising from the Federal Law" On Production Sharing Agreements "(Collected Legislation of the Russian Federation, 1999, N 7, Article 879 );
Article 13 of the Federal Law of July 24, 2002 N 110-FZ "On Amendments and Additions to Part Two of the Tax Code of the Russian Federation and Some Other Acts of Legislation of the Russian Federation" (Collected Legislation of the Russian Federation, 2002, N 30, Article 3027).
4. Pending the bringing of the regulatory legal acts of the Russian Federation in the field of state regulation of foreign trade activities in accordance with this Federal Law, these regulatory legal acts shall be applied in the part that does not contradict this Federal Law.

President of Russian Federation

V. Putin


Federal Law of December 8, 2003 N 164-FZ

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