Many companies face new challenges and obstacles every day in their global trade activities. In such a fluid environment, there is an increasing need for the quickest and most efficient solutions. Businesses need to keep up to date on the latest developments in foreign trade law and law enforcement practices to avoid or mitigate the risks of negative consequences.
The Global Trade and Customs group can help you. Our dedicated B1 team:
- Is the largest team operating in the Eurasian Economic Union (EAEU), with 17 specialists advising large Russian and foreign companies.
- Comprises 8 lawyers focusing on litigation with the customs authorities.
- Includes members of several Eurasian Economic Commission and Federal Customs Service working groups and experts of the Public Council and the Expert Advisory Council of the Russian Federal Customs Service. In addition, our team members are chairs and co-chairs of the customs and transport committees of various business associations (e.g., the Association of European Businesses, the German-Russian Chamber of Foreign Trade and the American Chamber of Commerce in St. Petersburg).
STANDARD SERVICES
Assistance during customs audits
Full or partial support during various customs control procedures (desk/field audits, requests for documents and information, summons to give explanations, etc.)
- Developing a strategy of cooperation with customs authorities during audits
- Preparing draft responses and legal positions for requests from customs
- Recommendations on supporting documents
- Arranging meetings with the customs authorities
- Preparing objections following customs audits
Customs value
- Consulting on the determination of customs value, including additional accruals: license and other intragroup payments, dividends, transportation costs
- Helping with the selection of a correct method of determining customs value
- Confirming customs value (calculation of test values, preparation of a defense file and supporting documents)
License (intragroup) payments
- Analyzing whether license (intragroup) payments should be included in the customs value of imported goods and assessing the respective risks
- Preparing a detailed legal position on whether license (intragroup) payments should be included in customs value
- Recommendations on amendments to be made to a license (intragroup) arrangement to mitigate customs risks
- Formulating a defense position on the appropriateness of not including agent VAT on license payments in the customs value of imported goods
Classification of goods
- Classifying goods according to the EAEU Classifier
- Assistance in obtaining preliminary clearance for the classification of goods
- Assessing customs risks in connection with the incorrect classification of goods
- Support during classification inspections
- Formulating a legal position on classification
- Presenting the company’s position on the classification of new types of goods at sessions of the Harmonized System Committee of the World Customs Organization (WCO)
Development of contractual arrangements
- Formulating and making amendments to supply agreements, transportation agreements and agreements with customs representatives
- Developing and making amendments to license (intragroup) arrangements
Customs benefits and incentives
- Analyzing the application of/compliance with customs benefits/incentives
- Obtaining documents supporting the applicability of benefits/incentives
- Recovering benefits/incentives after goods are released
Import/export permits
- Analyzing the need for import/export permits
- Assistance in obtaining permits (certificates/declarations of conformity, licenses, notifications, other permits)
Customs procedures and simplifications
- Assistance in selecting an optimal customs procedure
- Analyzing various customs procedures (including temporary import/export, free customs zone, processing in/outside the customs territory, re-import/re-export, etc.) and assessing non-compliance risks
- Analyzing special simplified procedures and providing recommendations on how to use them
- Practical assistance in obtaining permission to use the procedure for processing in the customs territory
Protection of intellectual property
- Registering trademarks in the Customs Register of Intellectual Property
- Administering the Customs Register of Intellectual Property
- Assistance in developing risk profiles to administer parallel imports
Appealing decisions, actions (inaction) of the customs authorities
- Appealing to higher customs authorities
- Representing companies in arbitration courts
GR support
- Arranging and facilitating meetings with the customs authorities and other government bodies (e.g., the Eurasian Economic Commission, the Ministry of Economic Development, the Ministry of Industry and Trade) to discuss various matters (during audits, disputes, etc.)
- Professional assistance and support in case of changes in foreign trade regulation (including the Common Customs Tariff of the Eurasian Economic Union)
Amendment of goods declarations
Comprehensive/partial support in amending goods declarations to make additional customs payments/obtain refunds of customs payments (including import VAT) and eliminate other violations:
- Preparing requests to amend goods declarations
- Providing recommendations on a set of documents to support the amendments to be made
- Developing a goods declaration amendment strategy
- Preparing goods declaration adjustment forms
Assessment of foreign economic activities and review of compliance with customs law
- Health check of foreign economic activities: a comprehensive review of foreign economic activities to identify customs risks and areas of ineffective control
- Due diligence
Authorized economic operator (AEO)
- Assessing whether a company meets AEO requirements based on an analysis of its current business processes. Identifying non-compliance with the requirements and preparing recommendations on how to address this
- Assistance in obtaining AEO status
- Implementing the B1 Customs Mart
More details will be found here.
Country of origin of goods
- Analyzing whether non-preferential and preferential documents of origin are properly prepared
- Analyzing compliance with origin criteria for the purposes of public procurement in Russia and exports to CIS countries
- Support in obtaining documents of origin
- Assistance in confirming Made in Russia status
Marking and traceability
- Analyzing a company’s business processes and assessing how they are affected by Track & Trace operations
- Analyzing additional operations involving marking and traceability and implementing them in the company
- Analyzing potential options for automating marking and traceability processes
- Developing business processes related to error adjustment and correction
Other tariff and non-tariff restrictions
- Advice and assistance for eliminating tariff/non-tariff restrictions
- Support during anti-dumping investigations
- Support and advice for formulating a legal position in the WCO and the World Trade Organization (WTO)
Export control
- Analyzing whether export control applies to foreign trade transactions
- Assessing whether a company’s internal systems and business processes comply with export control requirements
- Assisting in obtaining permits
Assistance in obtaining subsidies, benefits and other government support
- Advice on the use of subsidies, including practical support in filing an application
- Assistance in concluding subsidy agreements with governmental organizations (Russian Export Center, Industrial Development Fund)
- Advice and support for subsidy reporting
- Advisory and practical support in obtaining simplifications for special investment projects
- Developing support concepts and lobbying for them in federal executive bodies
- Developing a legal framework for implementing support measures
- Assessing whether proposed forms of support comply with WTO rules
Training sessions/webinars on customs law
- Holding training sessions/webinars on customs law and current law enforcement and judicial trends
- Preparing a series of (pre-recorded) webinars on customs topics
Support for individuals
- Advice on importing/exporting expensive items (luxury items, items of cultural value, precious metals, cash, etc.) to/from Russia
- Practical support in declaring goods, including communication with the customs authorities
- Support in obtaining permits for importing and exporting goods
ADAPTING TO NEW REALITIES: ADDITIONAL SERVICES FROM OUR GLOBAL TRADE AND CUSTOMS GROUP
Analysis of the consequences of retaining a presence/leaving Russia
Describing potential key scenarios of management’s actions required to retain their business and a presence in the Russian market, with a comprehensive analysis from a legal, tax, currency, customs, logistical and operating perspective.
Supply chain structuring*
- Developing the most effective supply structures
- Assessing customs implications in Russia and foreign jurisdictions when goods are supplied via foreign purchasing companies and/or trading houses
- Analyzing requirements for commercial and shipping documents when supplies are restructured
- Drafting supply agreements and advising on the assignment of rights and other legal matters
* Projects are an integrated effort, including tax, legal and currency implications.
Exports of goods from Russia
- Assessing the applicability of bans and restrictions on exports of goods from Russia under Russian Government Decrees Nos. 311, 312 and 313 of 9 March 2022
- Lobbying to provide practical support in amending Russian Government Decrees Nos. 311, 312 and 313 of 9 March 2022**
- Practical support in obtaining a specific temporary permit for exports of goods in accordance with Russian Government Decree No. 311 of 9 March 2022**
- Practical support in obtaining permits for exports of goods from Russia
** This service includes a correct description and substantiation of the initiative, drafting the amendments to be made and communication with federal executive bodies via B1 Group’s contacts.
Parallel imports
- Advice on parallel imports, including preparing opinions on the consequences of parallel imports for parent companies
- Preparing requests and a legal position to be submitted to authorized agencies to add/remove EAEU Classifier codes/trademarks to/from the list of parallel imports
- Arranging and participating in meetings with the Ministry of Industry and Trade to discuss whether it is appropriate to remove certain brands from the list of goods permitted for parallel imports
- Preparing requests to be submitted to the Russian Federal Customs Service to prevent imports of counterfeit products
- Analyzing legal provisions on goods certification
- Preparing an analytical report on parallel imports of the company’s goods
Reducing/raising import duty rates
- Amending goods declarations to obtain refunds of overpaid customs duties
- Lobbying for amendments to the EAEU Common Customs Tariff
- Lobbying on behalf of importers to add/remove EAEU Classifier codes to/from the lists of goods qualifying for a zero rate of customs duty
INDUSTRY EXPERTISE
Key considerations in foreign economic activities and customs control across diverse industries