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Foreign economic activity. Special regimes for the implementation of certain areas of foreign trade activity (the most important)

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6. Special regimes for the implementation of certain areas of foreign trade: border trade and free economic zones, their specifics and role, reflected in the Federal Law "On the Fundamentals of State Regulation of Foreign Trade" (Chapter 9, Articles 41,42)

In accordance with Ch. 9 of the Federal Law of December 8, 2003 No. 164-FZ "On the Fundamentals of State Regulation of Foreign Trade Activities", special regimes for the implementation of foreign trade activities are the border trade regime and the free economic zone regime.

According to Art. 41 of said Law border trade is carried out on the basis of an international treaty between the Russian Federation and a neighboring foreign state or a group of neighboring foreign states, which provides for the provision of a special favorable regime for foreign trade activities in relation to foreign trade in goods and services carried out solely to meet local needs for goods and services produced within the border areas and intended for consumption by individuals who have a permanent place of residence in these territories, and legal entities located in these territories. The specified special favorable treatment does not apply to other foreign states or groups of foreign states with which the Russian Federation has concluded international treaties providing for the provision of a regime no less favorable than that granted to any other foreign state.

Border trade can be carried out between Russian persons having a permanent location (place of residence) on the border territory of the Russian Federation and foreign persons having a permanent location (place of residence) in the corresponding border territory, defined in an international treaty of the Russian Federation with a neighboring foreign state, solely for the satisfaction of local needs in goods and services produced within the respective border areas and intended for consumption within the respective border areas.

Implementation procedure border trade and related border areas, on which special regimes for the implementation of foreign trade activities are established, are determined by the Government of the Russian Federation in accordance with international treaties of the Russian Federation with neighboring foreign states and federal laws.

Free economic zone is a limited area, a part of the country's territory, within which there is a preferential regime for managing and foreign economic activity, where enterprises are given a wider freedom of economic activity. According to Art. 42 of the above Law, a special regime in the territories of free economic zones is established by the federal law on free economic zones.

Creation Goals free economic zones:

▪ intensifying the activities of enterprises located on their territory;

▪ industrial modernization;

▪ saturation of the domestic market with high-quality goods;

▪ development of foreign economic relations;

▪ expansion of exports and imports;

▪ Attracting foreign investment, mastering new technologies;

▪ development of economically backward areas;

▪ increasing the qualifications of the workforce.

For free economic zones, special facilitated customs and trade regimes are established, wide freedom of movement of capital, goods and specialists is provided, and a preferential taxation regime for enterprises is applied. Depending on the profile of foreign economic activity, the goals of creating zones and the nature of granting freedom, the following zones are distinguished:

▪ free customs territories;

▪ export industrial zones;

▪ free trade zones;

▪ joint venture zones;

▪ free “open” zones;

▪ technological zones;

▪ complex zones.

Author: Bobkova O.V.

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