FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 8, 2003 No. 164-FZ

About bases of state regulation of foreign trade activity

Accepted by the State Duma on November 21, 2003

Approved by the Federation Council on November 26, 2003

Chapter 1. General provisions

Article 1. Purposes and scope of this Federal Law

1. This Federal Law determines bases of state regulation of foreign trade activity, power of the Russian Federation and subjects of the Russian Federation in the field of foreign trade activity for the purpose of providing favorable conditions for foreign trade activity, and also protection of economic and political interests of the Russian Federation.

2. This Federal Law is applied to the relations in the field of state regulation of foreign trade activity, and also to the relations which are directly connected with such activities.

3. Features of state regulation of foreign trade activity in the area connected with export from the Russian Federation and import to the Russian Federation including with delivery or purchase, military products, with development and military production, and also features of state regulation of foreign trade activity concerning goods, information, works, services, results of intellectual activities which can be used during creation of weapons of mass destruction, means of its delivery, other types of arms and military equipment are established by international treaties of the Russian Federation, the Federal Laws on military and technical cooperation of the Russian Federation with foreign states and on export control.

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

1) to the services rendered in case of execution of functions of public authorities not on commercial basis and not on the terms of the competition to one or several contractors of services;

2) to the services rendered when implementing activities of the Central bank of the Russian Federation for the purpose of execution of the functions established by the Federal Laws;

3) to the financial services rendered when implementing not on the terms of the competition to one or several contractors of services of activities for social security including on the state provision of pensions, and activities under guarantees of the Government of the Russian Federation or with use of the state financial resources.

Article 2. The basic concepts used in this Federal Law

1. For the purposes of this Federal Law the following basic concepts are used:

1) similar goods - goods which on the functional purpose, application, quality and technical characteristics are completely identical to other goods, or for lack of such completely identical goods the goods having the characteristics close to characteristics of other goods;

2) reciprocity - provision by one state (group of the states) to other state (group of the states) of certain mode of international trade instead of provision by the second state (group of the states) to the first state (group of the states) of the same mode;

3) the foreign trade barter deal - the transaction made when implementing foreign trade activity and providing exchange of goods, services, works, intellectual property including the transaction which along with the specified exchange provides use in case of its implementation of cash and (or) other means of payment;

4) foreign trade activity - activities for implementation of transactions in the field of foreign trade in goods, services, information and intellectual property;

5) foreign trade in intellectual property - transfer of exclusive rights on intellectual property items or provision of the right to use intellectual property items by the Russian person to the foreign person or the foreign person to the Russian person;

6) foreign trade in information - foreign trade in goods if information is component of these goods, foreign trade in intellectual property if information transfer is performed as assignment of rights on intellectual property items, or foreign trade in services in other cases;

7) foreign trade in goods - import and (or) commodity export. Movement of goods between part of the territory of the Russian Federation and other part of the territory of the Russian Federation if such parts are not connected among themselves by the overland territory of the Russian Federation, through customs area of foreign state, movement of goods of the territory of the Russian Federation from the territories of artificial islands, installations and constructions over which the Russian Federation performs jurisdiction in accordance with the legislation of the Russian Federation and rules of international law, or movement of goods between the territories of artificial islands, installations and constructions over which the Russian Federation performs jurisdiction in accordance with the legislation of the Russian Federation and rules of international law, is not foreign trade in goods;

8) foreign trade in services - the rendering services (performance of works) including production, distribution, marketing, delivery of services (works) and performed by the methods specified in article 33 of this Federal Law;

9) the free trade area - customs areas on which according to the international treaty with one or several states or groups of the states customs duties and other measures of restriction of foreign trade in the goods occurring from these customs areas concerning almost all foreign trade in such goods within these customs areas, except for possibilities of application in need of such measures in the cases provided by Articles 21, of 32, of the 38 and 39 this Federal Law are cancelled. At the same time members of the free trade area do not perform any essential coordination concerning application of customs duties and other measures of regulation of foreign trade in goods with the third countries;

10) commodity import - commodity importation the Russian Federation without obligation about the return export;

11) the foreign person - physical person, the legal entity or not being the legal entity by the right of foreign state the organization who are not Russian persons;

12) the foreign customer of services - the foreign person who ordered services (work) or using them;

13) the foreign contractor of services - the foreign person rendering services (performing works);

13. 1) the information system "One Window" in the field of foreign trade activity - the federal state automated information system providing interaction electronically of participants of foreign trade activity and other persons with public authorities of the Russian Federation, bodies and agents of currency exchange control and other persons according to their competence for the purpose of development of foreign trade activity and possibility of use by public authorities of the Russian Federation, the bodies of currency exchange control authorized by the Government of the Russian Federation and other persons according to their competence of the documents containing in this system and information for the purpose of implementation of the state control (supervision), provision of the state services, execution of the state functions, provision of other services in the field of foreign trade activity, forming of statistics in the field of foreign trade activity;

14) business presence - any form of the organization of business and other economic activity of the foreign person allowed by the legislation of the Russian Federation or the legislation of foreign state in the territory of the Russian Federation or the Russian person in the territory of foreign state for the purpose of rendering services, including by creation of the legal entity, branch or representation of the legal entity or participation in the authorized (share) capital of the legal entity. The Russian legal entity through who the business presence is performed is considered as the foreign contractor of services if the foreign person (foreign persons) owing to the prevailing participation in the authorized (share) capital of the Russian legal entity, or according to the agreement signed between them, or otherwise has opportunity to determine the decisions made by the Russian legal entity;

15) the international transit - movement through the territory of the Russian Federation of goods, vehicles if such movement is only part of the way which is beginning and coming to an end outside the territory of the Russian Federation;

16) directly competing goods - the goods which are comparable to other goods according to the destination to application, quality and technical characteristics, and also on other main properties in such a way that the buyer replaces or are ready to replace with it other goods in the course of consumption;

16. 1) non-oil not energy export - export of non-oil not energy goods which list of codes affirms the Government of the Russian Federation according to the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union;

17) non-tariff regulation - the method of state regulation of foreign trade in goods performed by introduction of quantitative restrictions and other prohibitions and restrictions of economic nature;

18) body of pre-shipment inspectorate - the Russian or foreign legal entity determined by the Government of the Russian Federation according to part 4 of article 28 of this Federal Law;

19) ceased to be valid;

20) pre-shipment inspection - quality check, quantities, the prices, including its financial conditions, and (or) correctness of coding for the customs purposes of the goods intended for import to the Russian Federation;

21) the Russian customer of services - the Russian person who ordered services (work) or using them;

22) the Russian contractor of services - the Russian person rendering services (performing works);

23) the Russian person - the legal entity created in accordance with the legislation of the Russian Federation, the physical person which is taking the permanent or preferential residence in the territory of the Russian Federation, the right of permanent residence being the citizen of the Russian Federation or having in the Russian Federation or registered as the individual entrepreneur in accordance with the legislation of the Russian Federation;

24) customs and tariff regulation - the method of state regulation of foreign trade in goods performed by application of import and export customs duties;

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