Foreign economic activity. Licensing and export quotas and their coverage area (the most important)

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Foreign economic activity. Licensing and export quotas and their coverage area (the most important)

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51. Licensing and export quotas and their scope

Licensing - an administrative procedure for regulating foreign trade operations, carried out by issuing a document authorizing the export of certain types of goods. Decree of the Government of the Russian Federation of June 9, 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" approved the Regulations on licensing in the field of foreign trade in goods.

Licensing is carried out in the following cases:

▪ introduction of temporary quantitative restrictions on the export of certain types of goods;

▪ implementation of a permitting procedure for the export of certain types of goods that may have an adverse impact on the security of the state, the life or health of citizens, the property of individuals or legal entities, state or municipal property, the environment, the life or health of animals and plants;

▪ granting an exclusive right to export certain types of goods;

▪ fulfillment by the Russian Federation of international obligations.

The Ministry of Economic Development of the Russian Federation, through its territorial bodies, issues the following types of licenses to participants in foreign trade activities:

▪ one-time license - a document issued to the applicant on the basis of an agreement (contract) formalizing a foreign trade transaction, the subject of which is the export of a certain type of product. The validity period of a one-time license cannot exceed 1 year from the date of its issue;

▪ general license - a document issued to the applicant on the basis of a decision of the Government of the Russian Federation, authorizing the export of a certain type of product in a certain quantity. The validity period of a general license cannot exceed 1 year from the date of its issue;

▪ exclusive license - a document granting the applicant the exclusive right to export a certain type of product.

To obtain a license, the applicant submits the following documents to the licensing authority:

▪ application for a license, one copy on paper and magnetic media;

▪ a copy of the agreement (contract) that formalized the foreign trade transaction (in the case of a one-time license), certified by the signature and seal of the applicant;

▪ a copy of the certificate of registration with the tax authority, certified by the signature and seal of the applicant;

▪ other documents, if they are specified by the legislation of the Russian Federation.

Quotas - quantitative restrictions that establish the maximum volume or value of goods allowed for import using individual, tariff, seasonal, global and other percentage restrictions.

Quota - this is the establishment and distribution of the volume of products to be exported, expressed as a percentage (quota), among exporters.

Quotas and licensing remain the main non-tariff restrictions on Russian exports.

Currently, several export positions are quota-based and licensed:

1) goods, the export of which is carried out in the amount of established quotas in accordance with the international obligations of Russia;

2) goods for which a special export procedure is maintained in order to prevent the export of valuable types of resources of animal and plant origin, certain types of agricultural raw materials, precious metals and stones and products from them, as well as certain types of military equipment, weapons, types of information and etc.

3) goods supplied for complete facilities within the framework of investment cooperation abroad.

Russia has established a unified procedure for licensing and export quotas for all foreign economic activity entities, with the exception of joint ventures that have more than 30% of foreign investment in the authorized capital or are wholly owned by foreign investors. They have the right to export products of their own production without a license, confirming it with a certificate issued by the Union of Expertise of the Russian Chamber of Commerce and Industry.

Author: Bobkova O.V.

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