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.