WT/TPR/M/345/Add.1  
19 December 2016  
(16-6916) Page: 1/362 
Trade Policy Review Body  
28 and 30 September 2016  Original: English/French/Spanish  
anglais/français/espagnol  
inglés/francés/español  
 
TRADE POLICY REVIEW  
RUSSIAN FEDERATION  
MINUTES  OF THE MEETING  
Addendum  
Chairperson: H.E. Ms. Irene Young (Hong Kong, China)  
This document contains the advance written questions  and additional questions by WTO 
Members , and replies provided by  the Russian Fe deration . 
 
 
Organe d'examen des politiques commerciales  
28 et 30 septembre 2016  
EXAMEN DES POLITIQUE S COMMERCIALES  
FÉDÉRATION DE RUSSIE 
COMPTE RENDU DE LA R ÉUNION  
Addendum  
Présidente : S.E.  Mlle. Irene Young (Hong Kong, Chine)  
Le présent document contient l es questions écrites communiquées à l'avance par les 
Membres de l'OMC, leurs questions additionnelles, et les réponses  fournies par  la Fédération de 
Russie . 
 
 
Órgano de Examen de las Políticas Comerciales  
28 y 30 de septiembre de 2016  
EXAMEN DE LAS POLÍTI CAS COMERCIALES  
FEDERACIÓN DE RUSIA 
ACTA DE LA REUNIÓN  
Addendum  
Presidenta: Excma.  Sra. Irene Young (Hong Kong, China)  
En el presente documento figuran las preguntas presentadas anticipadamente por escrito  y 
las preguntas adicionales de los Miembros de la O MC, así como las respues tas facilitadas por  la 
Federación de Rusia . WT/TPR/M/345/Add.1  
 
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Contents  
1  QUESTIONS FROM MALAY SIA ................................ ................................ .......................  3 
2  QUESTIONS FROM OMAN  ................................ ................................ .............................  5 
3  QUESTIONS FROM CANAD A ................................ ................................ ..........................  6 
4  QUESTIONS FROM AUSTR ALIA  ................................ ................................ ...................  17 
5  QUEST IONS FROM SWITZERLAN D ................................ ................................ ..............  31 
6  QUESTIONS FROM THE R EPUBLIC OF KOREA  ................................ .............................  40 
7  QUESTIONS FROM SINGA PORE  ................................ ................................ ..................  44 
8  QUESTIONS FROM MEXIC O ................................ ................................ ........................  53 
9  QUESTIONS FROM CHINA  ................................ ................................ ...........................  66 
10  QUESTIONS FROM THE E UROPEAN UNION  ................................ .............................  121  
11  QUESTIONS FROM NORWA Y ................................ ................................ ...................  166  
12  QUESTIONS FROM JAPAN  ................................ ................................ .......................  168  
13  QUESTIONS FROM THE U NITED STATES  ................................ ................................ . 170  
14  QUESTIONS FROM ARGEN TINA  ................................ ................................ ..............  199  
15  QUESTIONS FROM UKRAI NE................................ ................................ ...................  214  
16  QUESTIONS FROM INDIA  ................................ ................................ .......................  237  
17  QUESTIONS FROM CHILE  ................................ ................................ .......................  247  
18  QUESTIONS FROM PERU  ................................ ................................ .........................  252  
19  QUESTIONS FROM INDON ESIA  ................................ ................................ ...............  258  
20  QUESTIONS FROM THE S EPARATE CUSTOMS TERR ITORY OF TAIWAN, 
PENGHU, KINMEN AND M ATSU (CHINESE TA IPEI)  ................................ .......................  262  
21  QUESTIONS FROM COSTA  RICA  ................................ ................................ ..............  269  
22  QUESTIONS FROM PARAG UAY ................................ ................................ ................  272  
23  QUESTIONS FROM ASEAN  ................................ ................................ ......................  273  
24  QUESTIONS FROM THAIL AND................................ ................................ .................  274  
25  QUESTIONS FROM THE L DC GROUP  ................................ ................................ ........  276  
26  QUESTIONS FROM THE K INGDOM OF SAUDI ARAB IA ................................ .............  285  
27  QUESTIONS FROM ECUAD OR ................................ ................................ ..................  288  
28  QUESTIONS FROM TURKE Y ................................ ................................ .....................  294  
29  QUESTIONS FROM COLOM BIA ................................ ................................ ................  300  
30  QUESTIONS FROM HONG KONG, CHINA  ................................ ................................ . 302  
31  QUESTIONS FROM THE R EPUBLIC OF MOLDOVA  ................................ ....................  307  
32  QUESTIONS FROM NEW Z EALAND  ................................ ................................ ..........  309  
33  QUES TION FROM EL SALVADO R ................................ ................................ .............  316  
34  FOLLOW -UP QUESTIONS FROM CH INA ................................ ................................ ... 318  
35  FOLLOW -UP QUESTIONS FROM TH E UNITED STATES  ................................ .............  330  
36  FOLLOW -UP QUESTIONS FROM JA PAN ................................ ................................ ... 338  
37  FOLLOW -UP QUESTIONS FROM TH E EUROPEAN UNION  ................................ .........  339  
38  FOLLOW -UP QUESTIONS FROM MA LAYSIA  ................................ .............................  359  WT/TPR/M/345/Add.1  
 
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 1  QUESTIONS FROM MALAY SIA 
Para 4.34.  
 
In addition, Russia is currently implementing tax policy changes with respect to crude oil. It is 
planned that in the future the existing tax on oil and gas production will be replaced with a more 
effective tax on financial results based on the common practice, which will enhance the investment 
attractiveness of the oil and gas sector.  
 
Para 4.35.  
 
At the end of June 2015, the Gove rnment of the Russian Federation supported an initiative on the 
introduction of a financial results' tax for pilot projects in the field of oil production, which will 
correspond to the common practice (this tax is implemented in a number of tax systems of 
developed oil -producing countries, including Norway and the UK).  
 
Question  
Request for the elaboration of the new changes on the existing tax regime on crude oil 
as well as the status of the implementation of the changes, considering the changes may 
affec t presence of foreign establishment.  
 
Answer  
The "big tax maneuver" has been implemented in the oil industry since 2015, the purpose of which 
is to transfer the tax burden from the oil export to its extraction (due to the gradual reduction of 
the size of export customs duties rates on oil and oil products together with a simultaneous 
increase in tax rates on the mineral extraction in the extraction of oil), as well as the preservation 
of incentives for advanced oil refining.  
 
The "big tax maneuver" involve s a gradual (within 3 years) reduction of export customs duties on 
oil and oil products (by 1.7 times in 3 years on oil and 1.7 – 5 times on oil products depending on 
the type of oil products) with a simultaneous increase in the mineral extraction tax rate  on oil (by 
1.7 times) and gas condensate (by 6.5 times).  
 
To prevent the price increase for oil products in the domestic market as well as to minimize the 
negative shocks in individual sectors a simultaneous gradual reduction of excise duty rates on oil 
products (by 2.2 times in 3 years) as well as provision of tax deductions from the amounts of 
excise duty is provided when consumers that have certificates on operations with the 
corresponding oil products obtain (acquire as a property) the individual oil p roducts (petrol and 
aromatic hydrocarbons for the needs of petrochemical plants, the aviation kerosene for aircraft 
refueling) in the domestic market.  
 
As for the assessing the effectiveness of the "big tax maneuver" in the oil industry that became 
effecti ve since 1 January 2015, the Ministry of Energy of the Russian Federation notes that the 
implementation of the "big tax maneuver" coincided with a sharp change of a conjuncture of the 
world oil prices, this led to the fact that the original parameters of t he "big tax maneuver" have 
increased the tax burden on oil companies (at a price of oil below $65 per barrel the "big tax 
maneuver" increases the tax burden on oil extraction comparing with the previously existing tax 
system).  
 
Despite the present fact, th e oil industry has demonstrated the stability of production indicators: 
oil extraction has increased to 534 million ton nes by the end of 2015 (+1,4% compared to 2014), 
oil refining e fficiency has increased to 74.1 % (+1.7 percentage points to 2014), motor s pirit 
production has increased to 39.2 million ton nes (+2,3 % to 2014), fuel oil production decreased by 
7.4 million ton nes (-9,4% compared to 2014).  
 
In order to improve further taxation in the oil industry paragraph 63 of the Action Plan of the 
Government  of the Russian Federation (aimed at ensuring stable socio -economic development of 
the Russian Federation in 2016), approved by the Government of the Russian Federation on 
1 March  2016 by No. 1349p -P13, provides for the need for the amendments to the Tax c ode of the 
Russian Federation in the part of realization of taxation system for oil extraction on the basis of 
financial results to stimulate the development of deposits (for pilot projects).  WT/TPR/M/345/Add.1  
 
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  In this regard, the Ministry of Energy of Russia with the partic ipation of the Ministry of Finance of 
Russia and oil companies have developed the parameters for the introduction of a new system of 
taxation in the oil industry.  
 
Para 4.43.  
 
In 2013 -2014, the construction sector has also undergone a number of reforms: t he number of 
government approvals required to obtain a construction permit was reduced.  
 
Question  
What are the changes that have taken place and the regulations that are affected by the 
changes?  
 
Answer  
The process of obtaining a building permit has been significantly simplified during 2013 -2014, in 
particular:  
1.  the procedure for obtaining a permit through the auction of land for construction owned by 
the state and municipal property has been modernized; the accountability of officials for 
the violation of  period for the consideration of applications has been increased.  
2.  the authority to issue construction permits as well as commissioning of facilities has been 
transferred from the local level to the level of the subjects of the Russian Federation. This 
permitted to unify this process within each of the subject.  
3.  the exhaustive list of procedures in the sphere of housing construction required to obtain a 
building permit has been established. The number of procedures has been reduced from 
225 to 134 procedur es. An exhaustive list of documents that should be obtained for 
construction of apartment buildings has been established.  WT/TPR/M/345/Add.1  
 
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  2  QUESTIONS FROM OMAN  
We appreciate the Russian Federation's commitment to the Multilateral Trading System. 
Could you please give us yo ur views on the best way forward for the Doha Round 
negotiations and the role of Article 12 members.  
 
Answer  
Russian Federation strongly supports the role of the WTO as the unique platform for establishing 
universal trade rules . A lot was achieved at MC -10 in Nairobi, however most important issue for 
today is where the WTO goes thereafter.  
 
We do believe that strengthening of  the WTO negotiating function and broad participation of all 
members in decision -making through inter alia provision of fair and mea ningful inputs may 
increase predictability of that developments. Improvement  of existing and the development of new 
rules would allow us to address long -standing trade challenges.  
 
It is time for a membership to launch the negotiation process on the issues  that might be delivered 
by the next Ministerial in the limited time the Membership has. The Russian Federation raised this 
issue repeatedly at different forums.  
 
We therefore believe that o n the one hand, the new negotiations agenda should include those 
Doha outstanding issues that have a high potential of reaching agreement by the Membership. As 
we see it, such issues could be a domestic support, agricultural market access and the remaining 
elements of export competition, as well as elements of rules agen da. On the other hand, we are 
also interested in the discussions and inclusion of "new" issues in the list of negotiating tracks to 
guide WTO negotiations in the future . Rules in antidumping and subsidies, domestic regulation in 
services, transparency in R TAs as well as assessments of the impact of RTAs on the multilateral 
trading system, investment regulation, e -commerce and environmental aspects of trade are worth 
to be tackled.  
 
We emphasize the need for an expeditious and efficient implementation of the  outcomes we 
achieved in Bali and Nairobi - the TFA and the export competition arrangements.  
 
We believe that upon their accessions  Article XII Members made extensive contribution to 
advancing of trade liberalization as well as the development of the syste mic obligations. Since 
1995 accession obligations and commitments have been constantly broadening over time. These 
contributions must be taken into account. We note with satisfaction that some of the commitments 
of Article XII members were recently multila teralized either in the WTO or in RTAs,  like 
commitments to prohibit export subsidies in agriculture or increase of transparency of state 
trading enterprises. At the same time, Article XII membership should not by itself mean endless 
shelter from further l iberalization commitments. We, thus expect of other Article XII partners to 
continue to be responsible WTO Members making their further contribution to reaching the goals of 
the Organization.  WT/TPR/M/345/Add.1  
 
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  3  QUESTIONS FROM CANAD A 
Secretariat Report – Russian Federation (S/345)  
 
Summary: Paragraph 9, page 9  
 
The report by the Secretariat states that the Russian Federation has recently put in place 
measures that restrict transit trade through its territory.  
 
Question 1  
In the event that one EAEU member imports products fr om a third country that cannot 
be imported into the Russian Federation but are permitted in other EAEU member 
States, will trans -shipments through the Russian Federation be permitted?   
 
Answer  
Taking into account Ukraine request for consultations on Russia n transit restrictions we do not 
consider discussion of these or similar issues within the scope of trade policy review of the Russian 
Federation as appropriate.  
 
Part III.  Trade Policies and Practices by Measure; Measures Directly Affecting Imports; 
Tarif fs; Applied Tariffs: paragr aph 3.32 and Table 3.5, page 48  
 
The Secretariat report notes that for a number of the Russian Federation's tariff lines the MFN 
applied tariff rates seem to be in excess of corresponding bound rates. This is especially the case 
when the specific duties of applied rates can give rise to ad valorem  equivalents that are higher 
than the ad valorem  duties at the bound level.  
 
Question 2  
Would the Russian Federation please explain how it verifies and ensures that its applied 
rates rema in below the bound?   
 
Answer  
Russia has no authority to change import customs duty rates unilaterally. According to the Article 
45 of the Treaty on the Eurasian Economic Union of 29 May 2014 decisions determining Common 
Customs Tariff of the Eurasian Econo mic Union fall within the competence of the Eurasian 
Economic Commission (EEC). In order to ensure the consistency of EEC's acts with Russia's WTO 
commitments the  Treaty on the Functioning of the Customs Union in the Framework of the 
Multilateral Trading S ystem of 19 May 2011 (Annex 31 to the Treaty on the Eurasian Economic 
Union of 29 May  2014) were concluded.  
 
According to the  Treaty on the Functioning of the Customs Union in the Framework of the 
Multilateral Trading System of 19 May 2011, from the date o f accession of any Customs Union 
Party to the WTO, the provisions of the WTO Agreement, as set -out in its Protocol of Accession, 
including the commitments undertaken by that Customs Union Party, as part of the terms of its 
accession to the WTO, which relat ed to matte rs that the Parties had authoriz ed Customs Union 
Bodies to regulate in the framework of the Custom Union, as well as to the legal relationships 
regulated by the international treaties constituting the legal framework of the Customs Union, 
become  an integral part of the legal framework of the Customs Union. Thus, when EEC adopts and 
applies its acts, those acts have to comply with EAEU Member's WTO commitments, including 
Russia's tariff commitments.  
 
According to Russia's WTO tariff commitments, t he reduction of applied tariffs is carried out by EEC 
on the annual basis. In the process of reconciling the level of duties with the EAEU members, 
Russia verifies the level of specific parts of combined duties.  
 
Part III. Trade Policies and Practices by M easure: Measures Directly Affecting Imports; 
Import prohibitions, restrictions and li censing: Paragraph 3.43,  page 52  
 
The Secretariat re port notes that according to A rticle 47 of the EAEU Treaty, a member State may 
unilaterally introduce  and temporarily a pply (for a 6 -month period) non -tariff measures in relation 
to third countries.  
 WT/TPR/M/345/Add.1  
 
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  Question 3  
Can Russia clarify if SPS measures (e.g., the November 2014 SPS ban on all Canadian 
pork and  pork products) would fall within this category, and provide the rationa le for 
extending this measure beyond 6 months?  
 
Answer  
This provisional SPS measure does not fall under Article 47 and Annex 7 of the EAEU Treaty (non -
tariff measures regulation), that is why 6 month period for its application is not attributable. SPS 
meas ures regulation is provided under Chapter XI and Annex 12 of the EAEU Treaty, which do not 
include such requirement.  
 
Part III.  Trade Policies and Practices by Measure:  Measures Directly Affecting Imports; 
Import Prohibitions, Restrictions, and Licensing: paragraph 3.46 and Table 3.9, page 53  
 
The Russian Federation's import ban on agricultural products (including pork, beef, fish and certain 
fruits and vegetables) from Canada, the EU, the United States  and other countries has been 
extended once again to th e end of 2017.  
 
Question 4  
Would the Russian Federation please clarify how this measure is in keeping with the 
WTO's principle of non -discrimination and with obligations under the GATT, including 
Article XI (General Elimination of Quantitative Restrictions )? Also, on what specific 
grounds contained in the Protocol on Non -Tariff Regulatory Measures of the EAEU Treaty 
was the ban justified?  
 
Answer  
The Russian Federation carefully considers its WTO and EAEU obligations before adopting this 
measure. This measu re complies with those obligations.  
 
Part III.  Trade Policies and Practices by Measure:  Measures Directly Affecting Imports; 
Import Prohibitions, Restrictions, and Lic ensing: paragraph 3.48, page 55  
 
The Russian Federation restricts the transit of goods ex ported from Ukraine through its territory. 
Goods exported from Ukraine, irrespective of origin, may only enter the Russian Federation from 
Belarus to eventually end up in Kazakhstan or the Kyrgyz Republic. Moreover, the Russian 
Federation prohibits the tra nsit of Ukrainian goods that are dutiable under the EAEU's common 
external tariff, along with those same agricultural products subject to Resolution N o. 778 of 
August  2014.  
 
Question 5  
Would the Russian Federation please elucidate how these practices are i n accordance 
with its  obligations under Article V (Freedom of Transit) of GATT 1994?  
 
Answer  
Taking into account Ukraine request for consultations on Russian transit restrictions we do not 
consider discussion of these or similar issues within the scope of trade policy review of the Russian 
Federation as appropriate.  
 
Part III: Trade Policies and Practices by Measure: Standards and other technical 
requirements; Standards and technical requirements at the EAEU: Pa ragraphs 3.57 -3.67, 
pages 58 -60 
 
In the Russia n Federation, the legal framework for standards, technical regulations and conformity 
assessment systems is the EAEU (Eurasian Economic Union) Treaty and national legislation.  
 WT/TPR/M/345/Add.1  
 
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  Question 6  
Could the Russian Federation provide an overview of the regulatory p rocess at the EAEU 
and the  Federation levels including the differences between them? To what extent are 
regulators required  to adopt existing international standards?  
 
Answer  
The overview of the regulatory process at the EAEU level (Eurasian Economic Commi ssion Council 
Decision No. 48 of 20  June 2012) presented in Table 3.14 of the Secretariat Report (page 59). At 
the national level the resolution of the Government of the Russian Federation No. 1318 of 
17 December 2012 "On the procedure for the Federal exec utive bodies of the regulatory impact 
assessment of draft legal acts, draft amendments to draft Federal laws and draft decisions of the 
Eurasian Economic Commission" (as last amended on 30  June 2016) sets rules and procedures of 
regulatory impact assessmen t of different draft legal acts including draft technical regulations or 
conformity assessment procedures. The methodology of regulatory impact assessment approved 
by the Ministry of economic development (Order No. 290 of 22  June 2013) and includes impacts  
assessment on different groups of business entities and other stakeholders.  
 
The Treaty of the EAEU (A rt. 3 of Annex No. 9) and the Federal Law No. 184 -FZ of 
27 December  2002 "On Technical Regulation" (A rt. 7.8) require to use relevant international 
stand ards or the relevant parts of them, as a basis for technical regulations except when such 
international standards or relevant parts would be an ineffective or inappropriate means for the 
fulfilment of the legitimate objectives pursued, for instance because  of fundamental climatic or 
geographical factors or fundamental technological problems.  
 
Question 7   
When considering drafting new technical regulations or conformity assessment 
procedures, are  Russian regulators required to conduct a regulatory impact 
assessment?  Are trade impacts  considered?   
 
Answer  
The resolution of the Government of the Russian Federation No. 1318 of 17 December 2012 "On 
the procedure for the Federal executive bodies of the regulatory impact assessment of draft legal 
acts, draft amendm ents to draft Federal laws and draft decisions of the Eurasian Economic 
Commission" (as last amended on 30 June 2016) sets rules and procedures of regulatory impact 
assessment of different draft legal acts including draft technical regulations or conformit y 
assessment procedures. The methodology of regulatory impact assessment approved by the 
Ministry of economic development (Order No. 290 of 22 June 2013) and includes impacts 
assessment on different groups of business entities and other stakeholders.  
 
Part III: Trade Policies and Practices by Measure: Standards and other technical 
requirements; Standards in the Russian Federation: Pa ragraphs 3.68 -3.75, pages 60 -61 
 
Question 8  
Could the Russian Federation explain the differen ce between Law No. 184 -FZ of 
27 December  2002 and Law No. 162 -FZ "About standardization in the Russian 
Federation", which entered into  force in July 2016?  
 
Answer  
These two federal laws have different scopes. As it is mentioned in paragraph 703 of the WPR on 
the Accession of the Russian F ederation to the WTO (WT/ACC/RUS/70) Federal Law No. 184 -FZ of 
27 December 2002 "On Technical R egulation" (as last amended on 5 April 2016) has been 
substantially replaced with the EurAsEC and CU Acts (currently Eurasian Economic Union acts, 
except certain  provisions of the Federal Law No. 184 -FZ that remain in effect to the extent they do 
not conflict with CU and EurAsEC Agreements and EurAsEC and CU Acts, including CU Commission 
Decisions).  
 
The Federal Law 184 -FZ establishes principles, rules and procedu res of preparation, adoption and 
application of mandatory requirements for goods (including buildings and constructions) and 
mandatory conformity assessment procedures at national level. Federal Law No. 184 -FZ also 
describes application and execution of vo luntary product requirements for mandatory conformity 
assessment.  
National Standards that are of voluntary application are set out at national level.  WT/TPR/M/345/Add.1  
 
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  Federal Law No. 162 -FZ of 29 June 2015 "On Standardization in the Russian F ederation" (as last 
amended on 3 July 2016) establishes the legal framework of developing and setting out the 
standards in the Russian Federation, including the functioning of the national standardization 
system, and aims to provide state policy in the sphere of standardization. Federal  Law No. 162 -FZ 
regulates the sphere of standardization, including the development, approval, change, 
cancellation, publication and application of documents on standardization. This standardization 
documents are used on a voluntary basis (Article 4.1 of th e 162 - FZ). 
 
Question 9  
Could the Russian Federation provide an overview of its voluntary standards 
development  process? To what extent are the voluntary standards based on available 
international standards?   
 
A developer of a national standard provides no tification of a draft national standard to the Federal 
Agency for Technical Regulation and Metrology (Rosstandart). Rosstandart publishes a notice on 
the official website. The developer should ensure the availability of draft national standards in this 
regard, it must provide a copy of the draft standard to all interested parties. After the public 
discussion (not less than 60 days) the developer finalizes the draft standard taking into account 
comments of stakeholders. The developer should keep all comments  and proposals of stakeholders 
until the adoption of the national standard.  
 
The developer presents finalized draft standard to the stakeholders and to Technical Committee for 
Standardization or the Project Technical Committee for Standardization (in accor dance with its 
terms of reference for the examination). The period of consideration of the draft does not exceed 
90 days. Technical Committee for Standardization or Project Technical Committee for 
Standardization conduct an examination of draft standard an d prepare on the basis of consensus a 
reasoned proposal for approval or rejection of the draft standard. If there is no consensus, 
Rosstandart considers the reasons of the disagreement and takes the final decision on the 
approval or rejection of the draft standard (during 30 days).  
Now more than half of the national standards have been harmonized with international standards.  
 
Part III: Trade Policies and Practices by Measure: Standards and other technical 
requirements; Standards in the Russian Fede ration: Paragraph 3.74, page 61  
 
It is noted that the TBT Committee has not yet received notification that a standardizing body in 
the Russian Federation has indicated to the ISO/IEC Information Centre that it has accepted the 
Code Good Practice for the Preparatio n, Adoption and Application of Standards, as under 
Paragraph C of Annex 3 of the TBT Agreement.  It is understood that the Federal Agency on 
Technical Regulations and Metrology is the national standards body for the Russian Federation.  
 
Question 10  
Could th e Russian Federation indicate if the Federal Agency on Technical Regulations 
and Metrology has accepted the Code?  If so, when will it notify the ISO/IEC Information 
Centre?   
 
Russian central government standardizing body (the Federal Agency for Technical R egulation and 
Metrology (Rosstandart) generally acts in conformity with the Code of Good Practice for the 
Preparation, Adoption and Application of Standards. Set of documents prepared for the 
implementation of the Federal Law No. 162 -FZ of 29 June 2015 "On Standardization in the Russian 
Federation" currently under development is supposed to allow Rosstandart to accept and comply 
with the Code of Good Practice formally.  
 
Part III. Trade Policies and Practices by Measure: Measures Directly Affecting Imports; 
Sanitary and Phytosanitary Requirements : Paragraphs 3.84 -3.85, page 65  
 
The Secretariat report notes that imports of products subject to veterinary control are required to 
come from establishments approved by the EAEU parties and included in the Common 
Registry. Canada understands that in cases of non -compliance with Russian veterinary and 
sanitary requirements,  the Russian Federation has the right to impose temporary restrictions  on 
third country establishments, and to seek assurances that corrective action s have been 
undertaken.  
 WT/TPR/M/345/Add.1  
 
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  Question 11  
Can the Russian Federation provide additional information on the timeline for re -
approving third country establishments, once corrective action/measures reports have 
been provided by a third country?   
Answer  
The market  access procedure for the products of animal origin is regulated by Customs Union 
Commission Decision as of 9 October 2014 No. 94. There is no re -approving timeline set out in 
legal acts. In practice it depends on quantity/quality/completeness of informati on provided by the 
competent authorities of the third country.  
 
Part III. Trade Policies and Practices by Measure: Measures Directly Affecting Imports; 
Sanitary and Phytosanitary Requir ements: Paragraph 3.76, page 62  
 
The report by the Secretariat states t hat the EAEU Commission is responsible for coordinating the 
development and implementation of SPS measures by the member States.  
 
Question 12   
Can the Russian Federation provide information on the process for negotiating  EAEU 
veterinary and sanitary certif icates with third countries, including the roles of both the 
EEC and the Federal Service for Veterinary and Phytosanitary Supervision (FSVPS) in 
negotiations of these certificates?   
 
Answer  
According to the EAEU Treaty the national competent authorities of  the EAEU Member States 
negotiate with the third countries veterinary certificates different from the common EAEU forms. 
There is no specific regulation for this part of the negotiation process at the EAEU level at the 
moment, but, in practice, the certifi cates are negotiated the following way: competent authority of 
the exporter -country contacts the national veterinary competent authority with negotiating 
certificate request (the application with a draft certificate); the national competent authority sends  
this draft to the other EAEAU Member States; if needed, the national competent authority holds 
negotiations and consultations with authorities of the exporter -country (representatives of all EAEU 
Member States should be invited to take part in such negoti ations/consultations); after the 
consensus is reached, the veterinary certificate is signed and the date of its entering into force is 
set. According to the EAEU Treaty Commission does not participate in this process. Although, if 
necessary, the Commission  can provide a negotiating platform and take part in consultations 
without as an observer.  
 
Part III. Trade Policies and Practices by Measure: Measures Affecting Production and 
Trade; Government Procurement; Legal Fram ework: Paragraph 3.177, page 91  
 
The S ecretariat report mentions that "for procurement by federal and municipal governments, the 
applicable law is Law No. 44 -FZ of 5 April 2013".  
 
Question 13   
What is the applicable law for procurement by regional governments (e.g. oblasts,  
republics)?  
 
Answer  
The federal Law No. 44 -FZ covers all procurement of federal, regional and municipal governments 
for ensuring of federal and municipal needs.  
 
Part III. Trade Policies and Practices by Measure: Measures Affecting Production and 
Trade; Government Procuremen t; Legal Fram ework: Paragraph 3.180, page 91  
 
The Secretariat report notes that, "since the introduction of the new law, more than 100 
implementing regulations have been adopted", including on the "limitation on procurement of 
foreign products."  
 WT/TPR/M/345/Add.1  
 
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  Question  14 
Can the Russian Federation please list the implementing regulations that impose 
limitations on the  procurement of foreign products or services and briefly explain their 
purpose?  
 
Answer  
According the Federal Law No. 44 -FZ the Government of the Russian Federation has an ability to 
impose limitations on the procurement of foreign products or services for the purposes of 
protecting the constitutional order, national defence  and security, and the domestic market; 
developing the national economy; and support ing Russian producers. At the present time there are 
seven Government Resolutions adopted in accordance with this rule of the Federal Law:  
1. Resolution No. 1224 of 24 December 2013 "On establishing ban and restrictions on the 
admission of foreign goods, w orks (services) provided by foreign persons for the purposes of the 
procurement of goods, works (services) for the needs of national defence  and state security."  
2. Resolution No. 656 of 14 July 2014 "On establishing ban on purchases of certain types of 
machine industry goods of foreign origin for the federal and municipal needs".  
3. Resolution No. 791 of 11 August 2014 "On establishing ban on purchases of certain types of 
light industry goods of foreign origin for the federal and municipal needs"  
4. Resolu tion No. 102 of 5 February 2015 "On establishing market entry restrictions for individual 
types of medical devices originating from foreign countries in the context of procurement for state 
and municipal needs"  
5. Resolution No. 1236 of 16 November 2015 "O n the establishment of a ban on the admission of 
software originating from foreign countries for the purposes of procurement for state and 
municipal needs".  
6. Resolution No. 1289 of 30 November 2015 "On the restrictions and conditions on the admission 
of foreign medicines included in the list of vital and essential drugs for the purposes of 
procurement for state and municipal needs".  
7. Resolution No. 832 of 22 August 2016 "On restrictions on the admission of certain types of food 
products originating from  foreign countries for the purposes of procurement for state and 
municipal needs".  
 
Part III. Trade Policies and Practices by Measure: Measures Affecting Production and 
Trade; Government Procurement; General principles and buy -domestic requirements: 
Paragr aph 3.184, page 92  
 
The Secretariat report indicates that preferences are given to innovative products.  
 
Question 15   
Could the Russian Federation share its working definition of an innovative product?  
 
Answer  
There is no definition for "innovative produ ct" in the Russian legislation relating the contract 
system. However, in accordance with the Order of the Ministry of Energy of Russian Federation 
No. 1026 dated 25 December 2015 "On approval of the criteria for classification of goods, works 
and services as innovative products and (or) high -tech products for the purpose of formation of 
the purchase plan for such products" the goods, works and services should be classified as 
innovative products and (or) high -tech products if they meet at least the followin g four criteria:  
- scientific and technical novelty.  
- economic impact of realization of goods, works and services;  
- high technical level;  
- compliance with priority directions of development of science, technology and 
 engineering of the Russian Federati on; 
- knowledge -based goods, works, services.  
 
Question 16  
What percentage of contracts is awarded on the basis of this preference?  
 
Answer  
In 2015, there was awarded 870, 000 contracts (more than US$1.0 trillion, 18.0% of the total 
value of public procurem ent) on the bases of the preferences.  
 WT/TPR/M/345/Add.1  
 
- 12 - 
 
  Part III. Trade Policies and Practices by Measure: Measures Affecting Production and 
Trade; Government Procurement; General principles and buy -domestic require ments: 
Paragraph 3.185, page 93  
 
The Secretariat report ou tlines restrictions on foreign suppliers under Law No. 44 -FZ.  
 
Question 17  
Does a procuring entity require a waiver to procure a foreign good or service? If so, how 
long do waivers usually take to process?  
Answer  
The procuring entity does not require a wa iver to procure a foreign good or service.  
 
Part III. Trade Policies and Practices by Measure: Measures Affecting Production and 
Trade; Government Procurement; Procurement methods and procedures: Table 3.33, 
page 94  
 
In the "Open tendering" section, the Se cretariat Report states that, "an audio recording of the 
opening of tenders should be made."  
 
Question 18  
Are audio recordings available electronically on the unified information system?  
 
Answer  
According to the Federal Law No. 44 -FZ the protocols drawn up during the tender, the applications 
for participation in the tender, the tender documentations, the amendments to tender 
documentations, the clarifications of the provisions of the tender documentation and audio 
recording of opening envelopes with appli cations for participation in the tender and (or) access 
opening to the electronic documents are stored by the procuring entity at least three years.  
At the same time, there is no requirement to publish the record of opening envelopes in the 
Unified inform ation system.  
 
In the "Electronic auction" section, the Secretariat report states that the "operator of an electronic 
site shall accredit participants of the auction based on documents and data submitted by the 
participant."  
 
Question 1 9 
What is the delay  for a participant to receive its accreditation?  
 
Answer  
In the case of application of the all necessary documents to the operator of electronic platform the 
accreditation is carried out within no more than five working days from the date of receipt of 
documents.  
 
Question 20 
How long is the process of accreditation from the operator of an electronic site?  
 
Answer  
According to the Order of the Russian Treasury No. 27n dated 30 December 2015 "On Approval of 
the Procedure of registration in the Unified infor mation system in the field of procurement and 
Invalidation of the Federal Treasury Order No. 4n dated 25 March 2014" the deadline for 
registration of participants of the Unified information system does not exceed five working days.  
 
Question 21 
What is the  minimum period of time between the moment in which a notice of electronic  
auction is posted in the unified information system and the auction?  
 
Answer  
According with the Federal Law No. 44-FZ, if the initial (maximum) contract price (lot price) is not 
more than three million r oubles, the procuring entity posts a notice of electronic auction in the 
Unified information system at least seven days before the date of the deadline for submission of 
applications for participation in this auction.  WT/TPR/M/345/Add.1  
 
- 13 - 
 
  If the initial ( maximum) contract price (lot price) more than three million r oubles, the procuring 
entity posts a notice of electronic auction in the Unified information system at least fifteen days 
prior to the deadline for submission of applications for participation in  this auction.  
 
Part III. Trade Policies and Practices by Measure: Measures Affecting Production and 
Trade; Government Procurement; Procurement methods and proce dures: Paragraph 
3.192, page 96  
 
The Secretariat report mentions the possibility to conduct cen tralized procurement through a 
"procurement agency."  
Question 22 
What is the name of the procurement agency in the Russian Federation? Is there more 
than one?  
 
Answer  
For the purpose of centralized procurement in compliance with the legislation of the Rus sian 
Federation, on the one hand, it may be established a state body, municipal body, a state -owned 
institution in order to centralize the procurement authorized to determine the suppliers 
(contractors , executors) for customers, or several of such bodies,  state agencies. On the other 
hand, the authority to determine the suppliers (contractors, performers) for the respective 
customer can be assigned to one such state authority, municipal authority, state -owned institution 
or several state bodies, municipali ties, state -owned institutions.  
 
Part III. Trade Policies and Practices by Measure: Measures Affecting Production and 
Trade; Government Procurement; Bid challenges review mech anism: Paragraph 3.193, 
page 96  
 
The Secretariat report indicates, "under the Gov ernment Procurement Law, any procurement 
participant, as well as public associations, or association of legal entities exercising public control 
has the right to lodge a complaint about actions of the procuring entity, the competent authorized 
agency, the specialized organization, the procurement commission and its members, officials of 
the contract service, the contract manager, and the operator of the electronic trading platform if 
such actions infringe the rights and legitimate interests of a procurement  participant."  
 
Question 23 
Is there a central judicial or administrative entity responsible for all bid challenge 
reviews?   
 
Answer  
The Federal Antimonopoly Service is the government body responsible for exercise control in 
respect of procurement for fede ral, regional, municipal needs.  
 
Part III. Trade Policies and Practices by Measure: Measures Affecting Production and 
Trade; Government Procurement; International cooper ation: Paragraph 3.195, page 96  
 
The Secretariat Report states that, "Under the Eurasia n Economic Union (EAEU), the Russian 
Federation and the other EAEU member States agreed to provide national treatment to suppliers 
from each other to participate in their procurement markets. A similar protocol was signed by 
some of the CIS countries, incl uding the Russian Federation."  
Question 24 
As a percentage of the total, how many contracts were awarded to companies from  
Commonwealth of Independent States or EAEU member States in 2015?  
 
Answer  
Currently, the Eurasian Economic Commission is forming tool s for compiling statistical data in the 
field of government procurement, including through the integration of national portals of the 
Members.  
Formation of such statistic database is planned to complete until the end of 2016 . 
 WT/TPR/M/345/Add.1  
 
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  Part IV. Trade Policies by S ector: Agriculture, Forestry and Fishing; Trade Pol icies: 
Paragraph 4.17, page 116  
 
The Secretariat Report notes that Export Insurance Agency of Russia (EXIAR), the Eximbank of 
Russia and the Russian Export Hub provide support for Russian agriculture expor ts. However, only 
EXIAR was reported by Russia under the Secretariat background document on Export Subsidies, 
Export Credits, Export Credit Guarantees or Insurance Programmes, International Food Aid and 
Agricultural State Trading Enterprises (G/AG/W/125/Re v.5/Add.2).  
 
Question 25 
Could the Russian Federation provide the following information for both the Eximbank of  
Russia and the Russian export h ub? 
 
a. Description of export f inancing entity 
b. Total value of export of agricultural products covered by export cre dits, export 
credit guarantees or insurance programmes and use per programme  
c. Annual average premium rates/fees per programme  
d. Maximum repayment terms per programme  
e. Annual average repayment periods per programme  
f. Export destination or group of destinations pe r programme  
g. Programme use by product or product group  
 
Answer  
The Russian Export Hub (the Russian Export Center) provides non -financial export support, such 
as consultations on issues related to exports and providing support concerning export procedures. 
It was established in order to enhance companies' knowledge on export processes and facilitate 
export activity. Eximbank of Russia provides financial support in the form of loans and guarantees 
(bonds) issued on its own account. It was founded in order to r ealize Russian State's objectives 
and policy to support the export of Russian manufacturing products. The Eximbank of Russia and 
the Russian Export Hub have not provided support for Russian agriculture exports in the reviewed 
period. Hence, questions from b) to g) are not relevant.  
 
Question 26 
Could the Russian Federation provide the reason(s) why the Eximbank of Russia and the 
Russian Export Hub  were not reported to the Secretariat for the compilation the 
document  (G/AG/W/125/Rev.5/Add.2)? Does the Russia n Federation plan to report 
these entities for the next Secretariat  document?  
 
Answer  
Russian Federation provided all requested information on support for agriculture exports in 2015 
for the compilation of the document G/AG/W/125/Rev.5/Add.2. Specific ref erences to the 
Eximbank of Russia and the Russian Export Hub were not made because these entities did not 
provide any support for agriculture exports. For the next Secretariat document Russia will report 
all agricultural export support provided by these en tities in the next reporting period, if any.  
 
Part IV. Trade Policies by Sector: Agriculture, Forestry and Fishing; Domestic Pol icies: 
Paragraph 4.20, page 116  
 
The Secretariat Report states that the Russian Federation uses several policy instruments to 
stabilize domestic prices for wheat, rye, barley and maize, including public intervention 
programmes based on prices set by the Minister of Agriculture. The report lists the 2015 
intervention prices for wheat, rye, barley and maize and states that these pric es have recently 
increased. In the Russian Federation's most recent domestic support notification to the Committee 
on Agriculture, market price support (in supporting table DS:5) was reported only for wheat, rye 
and barley.  WT/TPR/M/345/Add.1  
 
- 15 - 
 
  Question 27 
Could the Russian F ederation confirm whether it provides market price support for 
maize?  
 
Question 28 
Could the Russian Federation state when intervention prices for maize were first 
established?  
 
Answer  
The purchase intervention price levels for maize have been establishe d by the Ministry of 
Agriculture since 2012. However, due to stable market prices for maize in 2012 -2015 the 
intervention mechanism had not been applied. Hence, since 2012 market price support for maize 
has never been provided.  
 
Part IV. Trade Policies by Sector: Agriculture, Forestry and Fishing; Domestic Policies : 
Paragraph 4.23 (ix), page 119  
 
The Secretariat report states that decoupled income support for crop producers, as previously 
notified to the Committee on Agriculture, is provided to producers ba sed on hectares of sowing 
area. The report states that R ub 22.8 billion of such payments were provided in 2015. According to 
the Ministry of Agriculture, the payments are primarily directed at the purchase of fuel, fertilizer, 
crop-protection chemicals and  seeds. The requirements, outlined in the Agreement on Agriculture, 
for decoupled income support to be except from reduction commitments require that payments in 
any given year shall not be related to, or based on, the type or volume of production undertak en 
by the producer in any year after the base period and that no production is required in order to 
receive such payments.  
 
Question 29 
Could the Russian Federation explain how these decoupled income support payments 
are made?  
 
Question 30 
Given that paym ents are primarily directed at inputs and other products of use to 
agriculture  producers, could the Russian Federation explain how these payments are not 
linked to the type or  volume of production and how no production is required in order to 
receive such payments?  
 
Answer  
Decoupled income support is calculated independently from production volumes and external 
(internal) prices. These payments are based on income of agricultural producers. The sowing area 
and the status as an agricultural producer are the  basic conditions for being eligible to have access 
to decoupled income support. According to the National report on progress and results of the 
implementation in 2015 the State program me for agricultural development and regulation of 
agricultural products , raw materials and food markets for 2013 -2020 published by the Ministry of 
Agriculture, the payments are often used by agricultural producers for purchasing fuel, crop -
protection chemicals and etc. Directions of payments use are singly determined by agric ultural 
producers and not tied with decoupled support mechanism.  
 
Part IV. Trade Policies by Sector: Telecommunications and postal servi ces: Paragraph 
4.137, page 149  
 
The Secretariat report notes that the Ministry of Telecom and Mass Communications (MTMC or 
Minsvyaz) is developing and implementing national policies and legal regulations in such areas as 
telecommunications, mass media, publishing, information technology and personal data processing 
and Internet governance.  
 WT/TPR/M/345/Add.1  
 
- 16 - 
 
  Question 31 
Could the Russian Fe deration confirm that these domestic measures, such as those  
pertaining to personal data processing and internet governance, will be in compliance 
with Russia's GATS commitments, sp ecifically those pertaining to computer and related 
services (CPC84)?  
 
Answ er 
We confirm that Russia's commitments under the GATS will be fully respected.  
 
Part IV. Trade Policies by Sector: Telecommunications  and postal servi ces: Paragraph 
4.142, page 150  
 
The Secretariat report notes that the Russian Federation was among the 24  countries with the 
highest -speed Internet access, as well as one of the lowest level of prices for Internet services in 
the world.  
 
Question 32 
Has the Russian Federation's efforts to bridge the digital divide created a favourable  
environment for e -comme rce (e.g. buying and selling of goods online on a cross -border 
basis)? If so, are there accompanying statistics?   
 
Answer  
We are convinced that improving the quality of providing public access to the Internet service has 
a positive effect on the developmen t of electronic commerce.  
 
Therefore, in 2015 e -commerce turnover in Russia amounted, according to experts, about 
800 billion rouble s in monetary terms, or 260 million sales in volume (taking into account the 
internal market and cross -border trade). In 201 4, the market volume was about 650 billion 
rouble s or 235  million sales. Thus, the market grew by 23% in monetary terms and 11% in 
volume (while over the past five years, the growth was approximately 40% on average). In dollars 
the market volume decreased by 15% from US$15.5 billion in 2014 to US$13.2 billion in 2015. 
However, cross -border trade has increased by 30% from US$2 billion in 2014 to US$2.6 billion in 
2015.  
 
According to analysts, at the end of 2015 the cross -border trade segment amounted to 20% of the 
turnover of e -commerce in monetary terms (158 billion rouble s from 800 billi on rouble s), of which 
approx. 70 % referred to China.  
 
The rapid growth of e -commerce contributes to the development of national logistics operator. 
Since 2015 significantly increased the proportion of customers who took advantage of delivery by 
The Russian Post and who chose courier delivery.  
 
We would like to note that the Russian Federation is taking active measures to develop trade 
through the Internet. Thus, in particular , the regulatory framework is improving, measures to 
development of related infrastructure and logistics are being taken, and etc. It is also developing a 
strategy of development of e -commerce, which will be the document of strategic planning of 
actions an d activities aimed at the development of this sphere.  WT/TPR/M/345/Add.1  
 
- 17 - 
 
  4  QUESTIONS FROM AUSTR ALIA  
REPORT BY THE SECRETARIAT  
Summary  
Page 9, paragraph 9  
 
The report notes that the Russian Federation has deposited its instrument of acceptance of the 
WTO Trade Facilitation Agr eement (TFA). However, the Russian Federation has also recently put in 
place measures that restrict transit trade through its territory.  
 
Question  
How are the new transit provisions consistent with the TFA? Will these measures be 
removed upon entry into force of the TFA?   
 
Answer  
Annex 3 of the Marrakesh agreement on trade policy review mechanism states, that this 
mechanism "is not, however, intended to serve as a basis…for dispute settlement procedures, or to 
impose new policy commitments on Members". Tak ing into account request of Ukraine under DSU 
for consultations on this matter, we do consider discussion of the issue as not appropriate.  
 
REPORT BY THE SECRETARIAT  
Summary  
Page 9, paragraph 12  
 
Question  
Can the Russian Federation please inform if it has any plans to improve the transparency 
of its tariff schedule, in particular by converting the relatively high proportion of non -ad 
valorem duties to ad valorem  duties?   
 
Answer  
The combined duties are reflected in the  Schedule of Concessions and Commitment s on Goods of 
the Russian Federation. However, since 2012,  in order to improve the transparency  the Russian 
Federation has  significantly  reduced  the number of tariff lines subject to non -ad valorem  duties 
from 2028 to 1771 (see Table 3.3 of the Report by t he Secretariat).  
 
REPORT BY THE SECRETARIAT  
Summary  
Page 9, paragraph 13  
 
Australia welcomes the provision by the Russian Federation of preferential access for a wide range 
of developing countries and LDCs by its GSP scheme.  
 
Question  
However, can the Ru ssian Federation please inform if it has any plans to increase the 
coverage of this preferential access, which accounts for a relatively low proportion of all 
tariff lines, or the rate of preference it provides to developing countries?   
 
Answer  
According t o Article 45 of the Treaty on the Eurasian Economic Union of 29 May 2014 and 
paragraph 21 of Annex 1 of the Decision of the Supreme Eurasian Economic Council No. 98 of  
December 2014 a list of goods originating from developing and least developed countries in 
respect of which tariff preferences are provided during importation into the customs territory of 
the Union should be approved by the Council of the Eurasian Economic Commission. According to 
Article 18 of the Treaty on the Eurasian Economic Union of 29 May 2014, d ecisions of the Council 
of the Eurasian Economic Commission shall be taken by consensus.  
Russia has made a proposal to expand the list of goods originating from least developed countries 
in respect of which tariff preferences are provided. Curr ently, Russia 's proposal is under 
consideration of the Member States of the Eurasian Economic Union.  
 WT/TPR/M/345/Add.1  
 
- 18 - 
 
  REPORT BY THE SECRETARIAT  
Summary  
Page 10, paragraph 19  
 
Australia welcomes the advice that, by the end of its WTO implementation period, the Russian 
Federation will have reduced export duties on 495 out of 703 tariff lines which attract such duties.  
 
Question  
Can the Russian Federation advise if it has any plans to further reduce or eliminate 
export duties on the still high 208 tariff lines that remain?   
 
Answer  
Currently, the Russian Federation applies export duties in respect of 148 tariff lines. The possibility 
of reduction of export duties will be considered based on the needs of the economy of the Russian 
Federation, as well as the situation on world  markets.  
 
REPORT BY THE SECRETARIAT  
2. Trade and Investment Regime  
2.4 Trade Agreements and Arrangements  
2.4.1 WTO  
Page 29, paragraph 2.22  
  
Australia welcomes the Russian Federation having made regular notifications to the WTO, as well 
as regularly submi tting tariff data to the IDB.  
 
Question  
Can the Russian Federation please advise when it intends to submit the 10 outstanding 
notifications cited by the Secretariat?  
 
Answer  
In April 2016 the Russian Federation submitted to the WTO market access notifica tion 
(G/AG/N/RUS/12) and domestic support notification for the calendar year 2014 (G/AG/N/RUS/13). 
In June 2016 Russia provided notification concerning actions taken within the framework of the 
Decision on Measures Concerning the Possible Negative Effects of the Reform Programme on 
Least -Developed and Net Food -Importing Developing Countries (G/AG/N/RUS/14). Domestic 
support for the calendar year 2015 is planned to be notified at the beginning of the next year.  
The necessary work in respect of fulfillment of  notification obligations is in progress and following 
the provisions of Article XVII of the GATT 1994, the respective notifications are to be finalized.  
 
REPORT BY THE SECRETARIAT  
2. Trade and Investment Regime  
2.6 Starting a Business  
Page 39, paragraph 2.57 
 
Question  
Does the Russian Federation apply economic needs tests when issuing work permits to 
highly qualified specialists?  
 
Answer  
The procedure of hiring and issuing of corresponding permits to foreign highly qualified workers is 
regulated by the F ederal Law of 25 July 2002 No. 115 -FZ "On the legal status of foreign citizens in 
the Russian Federation". For instance, Article 13.2 (The specifics of the implementation of the 
labour activity by foreign citizens being highly qualified specialists) provid es, in particular, the 
following:  
A foreign citizen that has work experience, skills or achievements in the particular field of activity 
is recognized as a highly qualified specialist if the conditions of bringing him to labour activity in 
the Russian Fede ration involve his/her receiving of wages (remuneration):  
1) in the amount of not less than eight y-three thousand five hundred rouble s per calendar month 
– for highly qualified specialists being research workers or teachers in case of their invitation for 
the employment in research or training activities in state -accredited educational programmes by 
educational institutions of higher education, state academies of sciences or their regional 
branches, national research centres or state research centres, as we ll as for highly qualified WT/TPR/M/345/Add.1  
 
- 19 - 
 
  specialists attracted for labour activities by residents of industrial production, tourist -recreational 
and port special economic zones (excluding individual entrepreneurs) by organizations referred to 
in this Law that carry out activity in the field of information technologies and has received in the 
manner established by the Government of the Russian Federation the document on the state 
accreditation of organization that carries out activity in the field of information technolog ies 
(except for organizations that have a resident status of technical -innovation special economic 
zone);  
2) in the amount of not less than fift y-eight thousand five hundred rouble s per calendar month – 
for foreign citizens attracted for employment by resi dents of technical -innovative special economic 
zone (except for individual entrepreneurs);  
3) in the amount of not less than one million roubles per year (per 365 calendar days) – for highly 
qualified specialists who are medical, teaching or scientific wor kers in case of their invitation to 
engage in the relevant activity in the territory of the international medical cluster;  
4) not taking into account the wage requirements – for foreign citizens participating in the 
implementation of "Skolkovo" project in accordance with the Federal Law "On the centre of 
innovations "Skolkovo";  
5) in the amount of not less than eighty -three thousand five hundred roubles per calendar month 
– for foreign citizens attracted for employment by legal persons carrying out activiti es in the 
territory of the Republic of Crimea and the Federal city of Sevastopol;  
6) in the amount of not less than one hundred and sixty -seven thousand roubles per calendar 
month – for other foreign nationals.  
 
The quota for the issuance of invitations to  foreign citizens for the entry to the Russian Federation 
for the purpose of conducting the labour activity, the quota for the issuance of work permits to 
foreign citizens, the permitted share of foreign workers engaged in various economic industries by 
business entities carrying out activity both in the territory of one or several constituent entities of 
the Russian Federation and throughout the Russian Federation established by the Government of 
the Russian Federation do not apply to highly qualified spec ialists and the members of their 
families.  
 
An employer and a customer of works (services) independently carry out the assessment of the 
competence and the level of qualification of foreign citizens whom they wish to attract as highly 
qualified specialists  and bear relevant risks.  
 
In order to assess the competence and the level of qualification of invited highly qualified specialist 
the employer or customer of works (services) uses documents and information confirming the 
presence of professional knowledge  and skills of this specialist, the information on the results of 
work activity of the foreign citizen including reviews of other employers and customers of works 
(services) including foreign ones, the information provided by the organizations professional ly 
involved in the assessment and the selection of personnel, the information on the results of 
intellectual activity which a foreign national is the author or co -author, the information on 
professional awards and other forms of recognition of professional  achievements, the information 
on the results of competitions conducted by the employer or customer of works (services), as well 
as other objective, credible and verifiable documents and information.  
 
For the issuance of a work permit to the highly qualifi ed specialist and the prolongation of term for 
its temporary stay in the Russian Federation for these purposes as well as to register the invitation 
to them to enter the Russian Federation to implement the work (if necessary) the employer or the 
customer o f works (services) provides to the Federal Executive Authority in the sphere of 
migration or its authorized  territorial authority in accordance with the schedule established by the 
Federal Executive Authority in the sphere of migration (hereinafter –its au thorized territorial 
authority):  
1)  a petition for attracting a highly qualified specialist;  
2)  a labour contract or civil law contract for carrying out of works (rendering of services) with 
the engaged highly qualified specialist entering into force of which is conditional upon the 
receipt of work permit by such highly qualified specialist;  
3)  a written obligation to pay (reimburse) the expenses of the Russian Federation associated 
with a possible administrative exclusion outside the Russian Federation or deport ation of 
the engaged highly qualified specialist.  
 WT/TPR/M/345/Add.1  
 
- 20 - 
 
  REPORT BY THE SECRETARIAT  
3 Trade Policies and Practices by Measure  
3.1 Measures Directly Affecting Imports  
3.1.1 Customs Procedures and Requirements  
Page 42, paragraphs 3.11 & 3.12  
Australia welcomes advi ce that the Eurasian Economic Commission (EEC) is developing a single -
window for customs procedures, which is a component of the WTO TFA. Australia also 
congratulates the Russian Federation on having accepted the Agreement in April this year.  
 
Question  
Is the Russian Federation able to advise when it anticipates the single window will be in 
operation for importers and exporters?   
 
Answer  
The Federal Customs Service of the Russian Federation is actively promoting and implementing 
paperless technology throu gh the "Single window" mechanism. It is designated for moving paper -
based processes to electronic ones wherein the electronic document submitted to one 
governmental agency becomes available to all interested stakeholders. Therefore it aims at 
reducing the interaction with the governmental authorities to the one -entry submission of the 
documentation in an electronic form.  
 
The Single Window is going to be implemented through 5 stages. Firstly, an E -customs system is 
to be put into operation. The system is de signed to enable customs declaration to be electronically 
processed. Following this step there is a need to introduce the regulatory framework for Single 
Window in order to stipulate how the relevant agencies shall cooperate electronically to issue the 
complete set of the required authorizations for foreign trade activities. At the third stage Single 
Window platform is expected to bring into being the cross -border information exchange platform of 
the "single window" system. It actually means that the mechan ism will become accessible in all 
the customs control points for import/export, e.g. airports, sea ports or dry ports.. At the next 
stage implementations of mechanism is expected to go further by transforming it into a fully 
integrated Single Window which will ensure direct and effective exchange between all the 
stakeholders along the line of logistics, namely governmental authorities, businesses and service 
providers. Finally, the last stage will be completed through the integration and interconnection of 
national systems of "single window" with a bilateral or regional platform for electronic cross -border 
exchange of information. Practically the national Single Windows is expected to be connected and 
to work with each other.  
 
Since 2014 the customs authorit ies located at sea ports has launched the introduction of softwares 
that allow exercising an electronic interaction between all interested stakeholders.  
 
Besides that the work on the creation of "single window" in the framework of the Eurasian 
Economic Uni on is under way. According to the Decision of the Supreme Eurasian Economic 
Council of 29 May 2014 No. 68 "On the main directions of development of the mechanism of 
"single window" in the system of regulation of foreign economic activity", the representati ves of 
the concerned ministries and agencies of the member -states of the Eurasian Economic Union, 
together with the business community, have developed a plan of measures related to the 
establishment of a "single window" and the integration of the national "single window" into a single 
cross-border area. The plan provides for the work until 2020.  
 
Question  
Can the Secretariat please confirm that the Russian Federation's ranking in trading 
across borders is from the World Bank Doing Business survey?  
 WT/TPR/M/345/Add.1  
 
- 21 - 
 
  REPORT BY THE SECRETARIAT  
3 Trade Policies and Practices by Measure  
3.1 Measures Directly Affecting Imports  
3.1.4 Tariffs  
Page 48, paragraph 3.32  
 
Question  
Can the Russian Federation please provide further clarification, or otherwise confirm the 
Secretariat's ex planation, as to why "for a number of tariff lines … it appears the applied 
MFN tariffs were in excess of the bindings"?  
 
Answer  
Article II of the GATT does not preclude the application of combined duties on the condition that 
such duties should not exceed  the bound rates.   
According to the Article 45 of the Treaty on the Eurasian Economic Union of 29 May 2014 decisions 
determining Common Customs Tariff of the Eurasian Economic Union fall within the competence of 
the Eurasian Economic Commission (EEC). In o rder to ensure the consistency of EEC's acts with 
Russia's WTO commitments the  Treaty on the Functioning of the Customs Union in the Framework 
of the Multilateral Trading System of 19 May 2011 (Annex 31 to the Treaty on the Eurasian 
Economic Union of 29 May 2014) w as concluded.  
Thus, when EEC adopts and applies its acts, those acts have to comply with EAEU Member's WTO 
commitments, including Russia's tariff commitments.  
According to Russia's WTO tariff commitments, the reduction of applied tariffs is carri ed out by EEC 
on the annual basis. In the process of reconciling the level of duties with the EAEU members and 
EEC, Russia verifies the level of specific parts of combined duties based on import data of 
respective period.  
 
REPORT BY THE SECRETARIAT  
3 Trade  Policies and Practices by Measure  
3.1 Measures directly affecting imports  
3.1.6 Import prohibitions, restrictions, and licensing  
Table 3.8 – Goods under import restrictions  
Pages 52 -53  
Table 3.8 notes that decision No.  134 of the Eurasian Economic Commun ity has established import 
restrictions on the importation of Raw Cane Sugar into Kazakhstan from third countries.  
 
Question  
Could the Russian Federation provide more information as to what form of restrictions 
are imposed on the importation of raw cane s ugar? Why are these restrictions 
necessary?  
 
Does the Russian Federation impose its own restrictions on the importation of raw cane 
sugar? Why are imports of other forms of sugar (e.g. beet sugar) not restricted?  
 
Answer  
These restrictions apply only on t he importation of raw cane sugar on the territory of the Republic 
of Kazakhstan and are not related to the Russian Federation. In this regard question is not 
relevant to the subject of TPR of the Russian Federation.  
The Russian Federation does not impose r estrictions on the importation of raw cane sugar.  
 
REPORT BY THE SECRETARIAT  
3 Trade Policies and Practices by Measure  
3.1 Measures directly affecting imports  
3.1.6 Import prohibitions, restrictions and licencing  
Page 53, paragraph 3.46  
Australia notes the  Russian Federation ban on the import of select agricultural products by a 
number of countries was recently extended to 31 December 2017 and amended to exclude 
products used specifically for the production of baby foods. Australia notes that the Russian 
Federation decree published on 1 June 2016 amending the ban advised that a special procedure 
was being developed to enable exports of products used for the production of baby food.  
 WT/TPR/M/345/Add.1  
 
- 22 - 
 
  Question  
Could the Russian Federation clarify when it expects to release t he special procedure? 
Could the Russian Federation advise the specific requirements which will need to be met 
to export these products to the Russian Federation under this procedure?  
 
Answer  
The Ministry of Agriculture has developed the drafts of the orde rs under the Government 
Resolution No. 472 of 27 May 2016 which exclude certain agricultural raw material from the list of 
goods prohibited to importation to the Russian Federation products used specifically for the 
production of baby foods are excluded in  case of confirmation by the Ministry of Agriculture its 
purpose and within the established volume. The drafts of such orders are in the process of 
interagency consider. Entrance of the orders into force is expected in November of this year after 
its regis tration in Ministry of Justice of the Russian Federation.  
 
Question  
Could the Russian Federation advise if the import ban will be extended beyond 
December 2017?  
 
Answer  
The extension or abolition of Russia's special economic  measures depends on the removi ng of the 
reasons of its acceptance, i.e. on the reciprocity basis.   
 
Question  
Could the Russian Federation advise if there will be any further amendments made to 
the list of agricultural products covered by the ban or to the list of countries to which 
the ban applies?  
 
Answer  
Any amendments made to the list of agricultural products as to any Russia's special economic 
measures depends on the removing of the reasons of its acceptance, i.e. on the reciprocity basis. 
Condition of including certain countries to the list is led down in the Decree of the President of the 
Russian Federation  No. 560 of 6 August 2014 "On the application of certain special economic 
measures to ensure the security of the Russian Federation". According to paragraph 1 of the 
Decree spe cial economic measures are extended to products originating from the countries 
applying economic sanctions to the Russian persons or entities or countries joined to such 
decision, i.e. on the reciprocity basis.  
 
Australia notes the Russian Federation ban o n the cultivation and breeding of genetically modified 
crops and animals released in July 2016.  
 
Question  
Could the Russian Federation clarify how the ban on the import of processed products 
containing genetically modified organisms will be monitored?  
 
Answer  
GMO' s import monitoring is regulated by amendments as of 3 July 2016 to the Federal Decree on 
GMO state regula tion as of 5 July 1996 No. 86 –FZ. Monitoring procedure will enter into force circa 
July 2017. Import control would be conducted at the bord er checkpoints. Legal regulation on this 
issue is still developing  
 
REPORT BY THE SECRETARIAT  
3. Trade Policies and Practices by Measure  
3.1 Measures Directly Affecting Imports  
3.1.8 Standards and other technical requirements  
3.1.8.2 Standards in the Russi an Federation  
Page 61, paragraph 3.71  
The report by t he Secretariat notes that some 49 % of national standards are harmonized with 
international standards.  WT/TPR/M/345/Add.1  
 
- 23 - 
 
  Questions  
Could the Russian Federation provide a breakdown of the percentage of voluntary 
standards and mandatory standards that are harmonised with international standards?  
 
Could the Russian Federation identify what international standards the national 
standards statistics are based on (e.g. ISO, IEC)?  
 
Could the Russian Federation outline the process for public consultation in the 
development of standards and technical regulations? Is any public consultation 
mandated by regulation?  
 
Answer  
All standardization documents are used on a voluntary basis (Article 4.1 of the 162 - FZ "On 
Standardization in the  Russian Federation").  
 
The Federal Information Fund of technical regulations and standards now contains 31  193 
standards and the percentage of harmonization is 50.39%, including 68,56% in health, 53,94% in 
environment protection, 63,06% in mechanical engi neering, 57,22% in energy, 85,02% in 
electrical engineering, 75% in electronics, 64,59% in telecommunications, 13,69% in railway 
equipment, 59,35% in shipbuilding, 50,88% in textiles, 37,55% in agriculture, 28,31% in food 
production, 51,67% in chemicals, 2 2,32% in metallurgy etc.  
 
The national standards are based on standards of various international organizations including the 
International Organization for Standardization, the International Electrotechnical Commission, the 
FAO/WHO Joint Codex Alimentarius  Commission, the United Nations Economic Commission for 
Europe, the World Health Organization etc.  
 
The overview of the regulatory process for technical regulations at the EAEU level (Eurasian 
Economic Commission Council Decision No. 48 of 20.06.2012) pres ented in Table 3.14 of the 
Secretariat Report (page 59). The public consultations at the EAEU level include publication or 
draft technical regulations on the official website of the EAEU Commission, period for at least 60 
days for comments, publication of comments (opinions) and suggestions received from the public 
discussions on the draft technical regulation on the official website for general review.  
 
The developer of the national standard provides notification of a draft national standard to the 
Federal  Agency for Technical Regulation and Metrology (Rosstandart). Rosstandart publishes a 
notice on the official website. The developer should ensure the availability of draft national 
standards in this regard, it must provide a copy of the draft standard to a ll interested parties. After 
the procedure of a public discussion (not more than 60 days) the developer finalizes the draft 
standard taking into account comments of stakeholders. The developer should keep all comments 
and proposals of stakeholders prior to  the adoption of a national standard.  
 
The developer presents finalized draft standard to the stakeholders and to Technical Committee for 
Standardization or the Project Technical Committee for Standardization (in accordance with its 
terms of reference for the examination). The period of consideration of the draft does not exceed 
90 days. Technical Committee for Standardization or Project Technical Committee for 
Standardization conduct an examination of draft standard and prepare on the basis of consensus a 
reasoned proposal for approval or rejection of the draft standard. In case of the absence of 
consensus, Rosstandart considers the reasons of the disagreement and takes the final decision 
about the approval or rejection of draft standard (during 30 days).  
 
REPORT BY THE SECRETARIAT  
3. Trade Policies and Practices by Measure  
3.1.8 Standards and other technical requirements  
3.1.8.2 Standards in the Russian Federation  
Page 61, paragraph 3.73  
Paragraph 3.59 states that "In the Russian Federation, the legal fram ework for standards, 
technical regulations and conformity assessment systems is the EAEU Treaty and national 
legislation."  
 
Paragraph 3.73 goes on to state that, "The recognition of conformity assessment certificates 
issued in foreign countries is carried out in line with interstate agreements and international WT/TPR/M/345/Add.1  
 
- 24 - 
 
  certification systems to which the Russian Federation is a member, and in such cases, may be 
accepted without a mutual recognition agreement."  
The list provided does not include the International La boratory Accreditation Cooperation (ILAC) as 
the Russian Federation is not yet a signatory member, although it is an applicant.  
 
Question  
Does the Russian Federation intend to extend this acceptance to the conformity 
assessment reports of facilities accr edited by ILAC member bodies, when the Russian 
Federation has achieved ILAC signatory status?  
 
Answer  
Such reports currently are not accepted. For the mutual acceptance of laboratory testing results, 
conformity assessment results (including ILAC) specific  provisions of international treaties should 
apply. So, the issue of the ILAC results recognition may get to the agenda after specific 
agreements provisions development and finalizing. Draft agreement on the elimination of technical 
barriers is under devel opment in the EAEU. The recognition of conformity assessment certificates 
will be possible after the entry into force of mentioned agreement.  
 
REPORT BY THE SECRETARIAT  
3 Trade Policies and Practices by Measure  
3.1 Measures Directly Affecting Imports  
3.1.8  Standards and other technical requirements  
3.1.8.2 Standards in the Russian Federation  
Page 61, paragraph 3.74   
The Secretariat report notes the Russian Federation had yet to notify the Committee under 
paragraph C of the Code of Good Practice for the Prep aration, Adoption and Application of 
Standards contained in Annex 3 to TBT Agreement.  
 
Questions  
What steps has the Russian Federation taken to ensure that its central government 
standardizing body accepts and complies with the TBT Code of Good Practice?  
 
When does the Russian Federation expect the acceptance of the Code of Good Practice 
to be notified?  
 
Answer  
Russian central government standardizing body  (the Federal Agency for Technical Regulation and 
Metrology (Rosstandart) generally acts in conformity  with the Code of Good Practice for the 
Preparation, Adoption and Application of Standards. Set of documents being developed for the 
implementation of the Federal Law No. 162 -FZ of 29 June 2015 "On Standardization in the Russian 
Federation" is supposed to allow Rosstandart to accept and comply with the Code of Good Practice 
formally.  
 
REPORT BY THE SECRETARIAT  
3. Trade Policies and Practices by Measure  
3.1.9 Sanitary and phytosanitary requirements  
Page 62, paragraph 3.76  
Australia notes the Secretariat repo rt states that the EAEU Commission is responsible for 
coordinating the development and implementation of SPS measures by Member States, yet each 
Member State also has the right to develop and implement temporary sanitary -epidemiological, 
veterinary, and sa nitary and phytosanitary quarantine measures.  
 
Question  
Can the Russian Federation clarify if 'temporary' measures refer only to emergency SPS 
measures as defined under the WTO SPS Agreement?  
 
Answer  
Temporary sanitary -epidemiological, veterinary, and s anitary and phytosanitary quarantine 
measures mentioned i n para 3.76 of the Secretariat r eport are understood as provisional (i.e. 
emergency) SPS measures under WTO SPS Agreement.  
 WT/TPR/M/345/Add.1  
 
- 25 - 
 
  REPORT  BY THE SECRETARIAT  
3. Trade Policies and Practices by Measure  
3.1.9  Sanitary and phytosanitary requirements  
Page 65, paragraph 3.85  
Imports of regulated products from third countries into the EAEU that are subject to veterinary 
control must be from exporters that are on a list created as described in this paragraph. Ment ion is 
also made of the possibility of an audit being conducted of third countries.  
 
Question  
Will the achievement of ILAC signatory status by the Russian Federation allow 
acceptance of reports from accredited conformity assessment bodies in third countri es 
who are ILAC signatories?   
 
Answer  
Such reports currently are not accepted. For the mutual acceptance of laboratory testing results, 
conformity assessment results (including ILAC) specific provisions of international treaties should 
apply. So, the issue  of the ILAC results recognition may get to the agenda after specific 
agreements provisions development and finalizing. Draft agreement on the elimination of technical 
barriers is under development in the EAEU. The recognition of conformity assessment cert ificates 
will be possible after the entry into force of mentioned agreement.  
 
REPORT BY THE SECRETARIAT  
3. Trade Policies and Practices by Measure  
3.3.3 State trading, state -owned enterprises, and privatization  
Page 87, paragraph 3.158   
 
Question  
Has the Russian Federation set a timefra me for recommencing its privatiz ation 
program me?  
 
Answer  
Privatization process has not been postponed, rather it is being implemented consistently in 
accordance with the programs of privatization of federal property approve d by the Government of 
the Russian Federation for the relevant period.  
The market value of the assets to be privatized is determined in accordance with the legislation of 
the Russian Federation on valuation activities. Investment demand for the assets to b e privatized 
depends, inter alia, on the current market environment. Such factor as seasonality also plays role 
in the process - there is a decrease in activity of potential investors within certain periods of the 
year (June - August) . 
 
REPORT BY THE SECRE TARIAT  
4. Trade Policies by Sector  
4.1 Agriculture  
4.1.1.3 Policies  
Page 115, paragraph 4.14  
The Secretariat report notes that the tariff quota (TQ) for fresh, chilled or frozen poultry is applied 
as three separate quotas for the EAEU.  
 
Question  
Can the  Russian Federation explain the rationale behind splitting the tariff quota?  
 
Answer  
Russian TRQ for fresh, chilled or frozen poultry is divided into three tariff quotas for different tariff 
lines in accordance with the Schedule of Concessions and Commitm ents on Goods of the Russian 
Federation.  
 
Australia notes that there has been a growing trend of underfill for key agricultural products from 
2013 to 2015 including beef, pork and poultry. The "fresh and chill ed beef" fill rate was only 3.6% 
in 2015.  
 WT/TPR/M/345/Add.1  
 
- 26 - 
 
  Question  
Can the Russian Federation explain the reasons for these tariff quotas being so 
significantly underfilled?  
 
Answer  
Low fill rates reflect the changes in the world market. The Russian Federation has also noticed a 
decrease in domestic demand for the se products.  
 
Question  
Will the Russian Federation consider adjusting its tariff quota administration to increase 
the fill rates?  
 
Answer  
Tariff quotas of the Russian Federation are administered in accordance with Russia's obligations 
under the Schedule o f Concessions and Commitments on Goods of the Russian Federation and the 
Report of the Working Party on the Accession of the Russian Federation to the WTO, which include, 
inter alia, annual reallocation of unused quantities of country -specific TRQs. Thus, at the moment 
adjustment of tariff quota administration is not being considered.  
 
REPORT BY THE SECRETARIAT  
4. Trade Policies by Sector  
4.1 Agriculture  
4.1.1.3.2.1 State Programme for Agricultural Development  
Page 121, paragraph 4.25 and Page 123, paragr aph 4.29  
Australia notes the amount of Green Box support in the Russian Federation's domestic support 
notification increased in 2014 whilst the amount of Amber Box support decreased.  
 
Question s 
Can the Russian Federation clarify if its Developing Beef Catt le and Developing Dairy 
Cattle sub -programmes were classified as Green or Amber Box?  
 
Can the Russian Federation clarify if these programmes were classified in its 2014 
domestic support notification as product specific support or non -product specific 
suppo rt? 
 
Regarding the Developing Dairy Cattle sub -programme, can the Russian Federation 
confirm whether payments are made directly to consumers? Are payments to consumers 
linked to production?   
 
Answer  
According to the notification of the Russian Federation f or 2014 (G/AG/N/RUS/13) state support 
for the development of meat and dairy cattle was classified as Amber Box measure. The largest 
part of this support was non -product -specific due to the fact that it was not linked with agricultural 
products. In particul ar, state support in the form of agricultural insurance and lending does not 
have product -specific characteristics. On the contrary, state support per litre of milk or state 
support to increase meat cattle livestock are included in product -specific support . Among dairy 
cattle development measures there are no such measures as direct payments to consumers.  
Australia notes a substantial funding allocation by the Russian Federation for the State Programme 
for Agricultural Development.  
 
Question  
Can the Russia n Federation confirm whether funding under the Programme includes 
support for on -farm facilities and infrastructure?  
 
Answer  
Under the State Program me for Agricultural Development state support for infrastructure 
development consists of building of basic (social) infrastructure, including roads, approach roads, 
etc. (Green Box) and construction, reconstruction and modernization of farms (Amber Box).  
 WT/TPR/M/345/Add.1  
 
- 27 - 
 
  REPORT BY THE SECRETARIAT  
4. Trade Policies by Sector  
4.1 Agriculture  
4.1.1.3.3 WTO notifications  
Page 126 , paragraph 4.35 and 4.36  
Australia notes the Russian Federation last notified the WTO of its domestic support for the 
calendar years 2012 -14.  
 
Question  
Can the Russian Federation advise when it will provide the WTO with its 2015 domestic 
support notifica tion?  
 
Answer  
Domestic support for calendar year 2015 is planned to be notified at the beginning of the next 
year. 
 
REPORT BY THE SECRETARIAT  
4. Trade Policies by Sector  
4.2 Mining and Energy  
4.2.1 Legislative Framework  
Page 134, paragraph 4.68  
To what ex tent do the Russian Federation's policy priorities and initiatives influence or support its 
Mining Equipment, Technology and Services (METS) sector?   
 
Answer  
Coal companies are free to choose mining equipment. There are no specific measures established 
by the Government of the Russian Federation for the support of the producers of mining 
equipment, technology and services sector.  
The market of mining equipment in Russia, technologies and services does not provide 
discriminatory measures with respect to for eign producers of the mining equipment and it is open 
to foreign producers of the equipment, technology developers and companies that provide 
services.  
The average percentage of imported equipment on coal production enterprises was 64% in 2014 
(49% in coll ieries, 79% in open -pit mines), and in 2015 it grew to 66% (50% in collieries, 82% in 
open-pit mines).  
 
REPORT BY THE SECRETARIAT  
4. Trade Policies by Sector  
4.3.1 Financial services  
Page 143, paragraph 4.118   
 
Question  
What progress is being made towards a review of temporary discretionary measures in 
financial services?   
 
Answer  
In accordance with the WTO commitments of the Russian Federation, the issue on necessity to 
introduce the quota on the participation of foreign capital in the charter capital of c redit 
organizations and the implementation of temporary discretionary measures in the banking sector 
within five years after accession (the prohibition to open direct branches of foreign credit 
institutions) has been considered in the context of preparatio n and deliberation of the next draft 
Federal Laws:  
o No. 29 -FZ as of 14  March  2013 "On amendments to certain legislative acts of the Russian 
Federation", which, for the purpose of implementation of the transparency principle, has 
enshrined in law the provisi on on banning the opening of branches of foreign banks in the 
territory of the Russian Federation;  
o No. 372 -FZ as of 14  December 2015 "On amendments to A rticles 16 and 18 of the Federal 
Law "On banks and banking activities" which established the quota of pa rticipation of foreign 
capital in the aggregate charter capital of credit institutions at a 50 -% level of the aggregate 
charter capital of these credit organizations.  
Additional considerations contributing to make these decisions were the methodological 
requirements of the negotiations on Russia's accession to the OECD according to which the WT/TPR/M/345/Add.1  
 
- 28 - 
 
  acceding country should avoid fixing in their commitments "precautionary measures" and should 
reflect only those measures that are secured in legislation.  
 
In connectio n with the question of Australia it is necessary to note that the banking legislation of 
the Russian Federation does not contain any prohibitions on the establishment of subsidiaries of 
credit institutions in the territory of the Russian Federation by fore ign banks and on the individual 
participation of foreign investors up to 100% in the charter capital of Russian credit organization. 
Except the establishment of quota, there is no other obstacles that prevent foreign investment in 
the banking sector and th e size of the quota calculated in accordance with the provisions of the 
Federal Law No. 372 -FZ, at present, is largely inferior t o 50% and does not exceed 13.4%.  
 
REPORT BY THE SECRETARIAT  
4. Trade Policies by Sector  
4.3.1 Financial services  
4.3.1.2 Insura nce 
Page 147, paragraphs 4.127 –4.130  
 
Question  
What progress is being made towards the liberaliz ation of the Russian Federation's 
insurance market by 2017?   
 
Answer  
The regulation of issues related to the activities of foreign insurers and their branches i n the 
territory of the Russian Federation in connection with the commitments on the accession of the 
Russian Federation to the WTO is provided by paragraph 38 of the Action Plan ("The Roadmap") 
"The strategy of insurance activity development in the Russian  Federation until 2020" (approved 
by the Decree of the Government of the Russian Federation of 22  July 2013 No. 1293 -R). The date 
of introduction of the corresponding draft law is set as 2017.  
 
The existing legislation provides that the size (quota) of the  participation of foreign capital in the 
charter capital of insurance organizations  is 50%, before that it was 25 %. 
 
The requirement provide for the share of foreign participation in the charter capital of Russian 
insurance companies, performing the certai n types of insurance services, not to exceed 51% will 
be abolished since 22 August 2017.  
 
The requirement of the permanent residency in the Russian Federation has been abolished with 
respect to:  
-  acting persons of the single -man executive body and to the c hief accountant of the 
insurance organization with the foreign investment;  
-  insurance brokers -individual entrepreneurs ; 
-  insurance agents.  
 
Also, the requirement regarding the work experience of the chief accountant of the insurance 
subject has been abolis hed (except for a mutual insurance company) in the specialty of insurance, 
reinsurance or broker organization registered in the territory of the Russian Federation.  
 
REPORT BY THE SECRETARIAT  
4. Trade Policies by Sector  
4.3.1 Financial services  
4.3.2 Telec ommunications and postal services  
Page 149, paragraph 4.137  
 
Question  
What changes have been made, or are proposed to be made, to the Russian Federation's 
law and policy regarding personal data processing, data localisation and internet 
governance?  
 
Answer  
The amendments to the Federal Law "On personal data" as of 27 July 2006 have been made in 
2014, including in part of the personal data processing in the territory of the Russian Federation. 
These amendments have entered into force on 1 January 2015.  WT/TPR/M/345/Add.1  
 
- 29 - 
 
  The a im of the above -mentioned law is to ensure the protection of rights and freedoms of the 
person and the citizen in its personal data processing, including the protection of the right on 
privacy, personal and family secret.  
 
Also, there have been the followi ng amendments in the following regulations of the Russian 
Federation:  
 
- The Federal Law No. 43 -FZ of 5 April 2013 "On the Specifics of Regulation of Certain Legal 
Relations in Connection with the Accession of Territories to the Constituent Entity of the R ussian 
Federation - Federally Significant City of Moscow, and on Amendments to Certain Legislative Acts 
of the Russian Federation", with the amendments entered in force in 1 March  2015. 
 
- The Federal Law No. 205 -FZ of 23  July 2013 "On the Amendments to Ce rtain Legislative Acts of 
the Russian Federation in Connection with Clarification of Powers of Prosecution Bodies of the 
Russian Federation concerning the issues of personal data processing", with the amendments 
entered in force in 3 August 2013.  
 
- The Fe deral law No. 363 -FZ of 21 December 2013 "On the Amendments to Certain Legislative 
Acts of the Russian Federation and on the Annulment of Certain Provisions of Legislative Acts of 
the Russian Federation in connection with the adoption of the Federal Law "O n consumer credit 
(loan)", with the amendments entered in force in 1 July 2014.  
 
- The Federal Law No. 142 -FZ of 4 June 2014 "On the Amendments to Articles 6 and 30 of the 
Federal Law "On the Citizenship of the Russian Federation" and to Certain Legislativ e Acts of the 
Russian Federation (edition of the Federal Law No. 305 -FZ of 3 July 2016), with the amendments 
entered in force in 4 August 2014. 
 
- The Federal Law No. 242 -FZ of 21 July 2014 "On the Amendments to Certain Legislative Acts of 
the Russian Fede ration for Clarification of the Procedure of Personal Data Processing in Information 
and Telecommunication Networks", with the amendments entered into force in 1 September 2015. 
 
The acceptance of new norms in the specified areas is not planned yet.  
 
REPOR T BY THE RUSSIAN FEDERATION  
3 Foreign Trade  
3.1 Trade in Goods  
Page 4, paragraphs 3.2 -3.3 
 
METS companies provide specialised products and solutions for mineral exploration, extraction and 
mining supply chains. This includes equipment manufacturers, engine ering services, mine software 
products and other related equipment, technologies and services where the primary function is to 
support the mining and mineral extraction industries.   
 
Question  
What are the types of METS that Australian businesses could supp ly to the Russian 
Federation to support the needs of the Russian Federation's mineral resources sector in 
the future?   
 
The US$248 million Industry Growth Centres Initiative (the Initiative) is part of the Australian 
Government's Industry Innovation and Co mpetitiveness Agenda. The Initiative is a sector based 
approach which will drive growth, productivity and competitiveness by concentrating our 
investment on key growth sectors. The Initiative will identify opportunities to reduce regulatory 
burden, increas e collaboration and commercializ ation, improve capabilities to engage with 
international markets and global supply chains, and enhance management and workforce skills.  
 WT/TPR/M/345/Add.1  
 
- 30 - 
 
  Question  
How can the Russian Federation and Australia, through the Australian Governmen t and 
the METS Growth Centre, work together to support the Russian Federation's mineral 
resources sector through the utilisation of Australian METS firms?  
 
Answer  
The Russian side is positive about enhancing bilateral cooperation in the fields of mutual i nterest. 
Such cooperation should be arranged through the Russian Trade Representative Office which is 
based in Canberra. Its role has become crucial in establishing cooperation between the Russian 
Federation and Australia, conducting intergovernmental meet ings. WT/TPR/M/345/Add.1  
 
- 31 - 
 
  5  QUESTIONS FROM SWITZ ERLAND  
Report by the Secretariat  
1 ECONOMIC ENVIRONMENT  
1.2 Recent Economic Development  
 
Paragraphs 1.18 and 1.19 mention that the Governmental Commission on Import Substitution is in 
charge of the implementation of a state polic y in the field of import substitution.  
 
Question  
Could the Russian Federation elaborate on concrete measures the Governmental 
Commission on Import Substitution has taken to implement the import substitution 
policy, in particular with regard to the pharmace utical products?  
 
Answer  
The Government Commission of the Russian Federation on Import Substitution is a coordinating 
body focused on formulation of coordinated industrial policy. The main goal of the Commission is 
to create conditions for satisfaction of  legal persons' needs for industrial goods. The information on 
activities of the Commission i s available on the official web site of the Government of the Russian 
Federation  at: http://government.ru . 
3 TRADE POLICIES AND  PRACTICES BY MEASURE  
3.1.1 Customs procedures and requirements  
Paragraph 3.8  states that simplified customs formalities are provided for operators who meet 
certain conditions.  
 
Question  
Could the Russian Federation provide specific information on such sim plified formalities 
and describe them in detail?  
Answer  
In accordance with Chapter 3 of the Customs code of Customs Union the Authorized  Economic 
Operators (AEO) are provided with the following simplified customs formalities: the temporary 
storage of goods  in premises, on the open grounds or on other territories of AEO; the performance 
of customs operations prior to the release of goods in premises, on the open grounds or on other 
territories of AEO including implementation of the customs transit regime of goods designated for 
AEO upon importation on the territory of the Russian Federation; the release of goods prior to 
submitting of customs declaration. If under the customs transit regime the declarant is AEO the 
customs authorities do not require to demons trate the security for payment of customs levies and 
taxes.  
 
Question  
What are the conditions in order to benefit from these simplified formalities? Is self -
declaration one of the options?  
 
Answer  
Only the legal entity registered in accordance with the na tional legislation can become AEO. For 
the purpose of obtaining a Certificate on the record in the Register of AEO the legal entity is to 
submit to the Customs authorities the application form on the record of the Register of AEO 
together with list of requ ired documents. The Customs authorities is to make decision within the 
period not exceeding 100 calendar days from the date of submitting the application form. If the 
customs body approves the legal entity as a AEO the Certificate is to be issued within 10  calendar 
days from the date of the application approval. The simplified customs formalities are applied for 
goods in respect of which the AEO has a right to be a declarant. The self -declaration does not refer 
to simplified customs formalities.  
 
Question  
Does a list of companies which benefit from simplified customs formalities exist and is it 
accessible on Internet?  
 WT/TPR/M/345/Add.1  
 
- 32 - 
 
  Answer  
Yes, it does. The list of AEO is published on the following website: www.ved.customs.ru .  
 
3.1.4 Tariffs  
3.1.4.2 Applied tariffs  
The paragraph 3.32 finds that "for a number of tariff lines it appears the applied MFN tariffs were 
in excess of the bindings or could have been because the applied tariff is ad valorem , but not less 
than a specific duty, while the bound tariff is ad valorem  only." This was also the case for watches, 
where mixed tariffs were applied.  
 
Question  
Apparently, the Russian Fed eration has recently modified its duties on watches and now 
applies only ad valorem  rates for watches. Can the Russian Federation confirm that this 
is currently the case? If so, can the Russian Federation confirm that in no case the 
payable duty is above t he bound rates?  
 
Answer  
For most of watches Russia currently apply ad valorem  duties only. According to the Article 45 of 
the Treaty on the Eurasian Economic Union of 29 May 2014 decisions determining Common 
Customs Tariff of the Eurasian Economic Union f all within the competence of the Eurasian 
Economic Commission (EEC). In order to ensure the consistency of EEC's acts with Russia's WTO 
commitments the Treaty on the Functioning of the Customs Union in the Framework of the 
Multilateral Trading System of 19  May 2011 (Annex 31 to the Treaty on the Eurasian Economic 
Union of 29 May 2014) was concluded.  
 
Thus, when EEC adopts and applies its acts, those acts have to comply with EAEU Member's WTO 
commitments, including Russia's tariff commitments.  
 
According to  Russia's WTO tariff commitments, the reduction of applied tariffs is carried out by EEC 
on the annual basis. In the process of reconciling the level of duties with the EAEU members and 
EEC, Russia verifies the level of specific parts of combined duties ba sed on import data of 
respective period.  
 
3.2.1 Export procedures and requirements  
Paragraphs 3.88 to 3.91 describe the Export procedures and requirements. Contrary to the 
procedures for import, there is no mention of simplified customs formalities for exp ort. 
 
Question  
Could the Russian Federation inform whether simplified customs formalities also exist 
for exports? If so, could you please describe them?  
 
Answer  
When goods exempted from export duties are being exported the declaration and clearance 
thereof  shall be effected in a simplified procedure with due regard to the provisions of Article 232 
of the Federal Law No. 311-FZ of 27 November 2010 "On Customs Regulation in the Russian 
Federation".  
 
When such goods are being declared, customs authorities' dem ands shall be limited to those 
required to certify the fact that the goods are exported to a destination outside the customs 
territory of the Eurasian Economic Union to set off the performance of a specific foreign economic 
deal and to ensure the observanc e of bans and controls. The following documents shall be 
submitted when the goods exempted from export duties are being declared:  
 
1)  the invoice;  
2)  transport (carriage) documents, if any;  
3)  permits, licences, certificates and/or the other documents confirming  the observance of 
established controls, if they are required;  
4)  documents confirming information about the declarant, unless they were filed earlier when 
other goods were declared for customs purposes, about the customs representative if the 
customs declar ation if filed by said person and also the powers of the physical person who 
is filing the customs declaration with the customs authority, except for cases when the 
customs declaration is filed in electronic form;  WT/TPR/M/345/Add.1  
 
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  5)  a payment document confirming that custom s fees have been paid.  
 
If the invoice submitted at declaration does not contain information about the persons that have 
concluded the foreign economic deal, the reference number and date of conclusion of a contract, a 
description, the quantity, weight and  value of the goods, if the goods are moved across the 
customs border of the Eurasian Economic Union under a deal, the declarant shall submit the other 
commercial documents or a copy of the contract (an excerpt from it) that contain said information.  
The d ocuments confirming information about the declarant are the following:  
 
1)  the constitutive documents;  
2)  the certificate of state registration of the legal entity or a certificate of state registration of 
the physical person as an individual entrepreneur;  
3)  the contract between the declarant and the customs representative;  
4)  the power of attorney of the physical person to commit actions on behalf of the legal entity 
with the presentation of personal identity documents;  
5)  a confirmation of the existence of labou r relations with the customs representative and the 
availability of a qualification certificate of a customs transactions specialist if the customs 
declaration is filed by a customs representative.  
 
In the event of declaring goods having an appearance simi lar to that of goods subject to export 
duties, the documents serving as grounds for declaring the classification code of the goods 
according to the Commodity Classification for Foreign Economic Activities shall be submitted. For 
these purposes the followin g documents may be deemed:  
 
1)  those containing information on the composition of a product (if the Commodity 
Classification for Foreign Economic Activities established, as a footnote for a group or item 
or as the text of an item, requirements for the produc t applicable to the content of any 
substances (elements) or materials in the product);  
2)  technological flow -charts, technological instructions, a description of a technological 
process and other documents containing documents on the processes of processing and 
the types of processing of the product (if the classification feature defined in the footnotes 
to a group, item or in the text of an item of the Commodity Classification for Foreign 
Economic Activities is the type of processing of the product or the de gree of processing of 
the product);  
3)  drawings, block -diagrams, a technical certificate, operating instructions, technological flow -
charts, user's manual and other technical documentation containing information on the 
technical characteristics of the produc t and its operating principle (if the classification 
feature defined in the footnotes to a group, item or the text of an item of the Commodity 
Classification for Foreign Economic Activities is weight, size, power rating, performance 
and other characteristi cs). 
 
When the goods exempted from export duties are being declared no customs value shall be 
assessed, declared or confirmed.  
 
The term for clearance of the goods exempted from export duties is four hours after the time when 
the customs declaration is re gistered, provided all the necessary documents are filed 
simultaneously with the customs declaration. The Government of the Russian Federation may 
establish a list of the goods whose clearance term may be up to one working day following the 
date of registr ation of the customs declaration. Where necessary, within said  term customs 
authorities shall complete the check of the customs declaration, the goods and the documents 
relating thereto.  
 
In the following cases the customs authorities is entitled to check  the goods and request additional 
documents and information:  
 
1)  a discrepancy is discovered between the information on the declared goods in the customs 
declaration and the information contained in the documents filed and/or the marking or 
other informatio n available on the packaging of the goods and/or the appearance of the 
goods;  
2)  the availability of preliminary information on possible breaches at customs declaration, 
received from other control or supervision bodies.  WT/TPR/M/345/Add.1  
 
- 34 - 
 
  The goods may be checked at a written  permit of the chief of the customs authority. If 
inaccuracies are discovered in the information about the goods in the customs declaration and in 
the documents filed the customs body shall inform the declarant of the need for correcting 
(updating) the inf ormation provided. If the inaccuracies discovered do not affect the customs 
authority's decision on the application of export bans and restrictions the adjustment of the 
information by the declarant shall not be deemed ground for refusal to clear the goods . 
 
3.2.4 Export finance, insurance, and guarantees  
Paragraph 3.106  notes that "the lending capacity of Eximbank of Russia was also boosted during 
the period under review".  
 
Question  
Could the Russian Federation highlight the main reasons for enhancing Exi mbank's 
capacity?  
 
Answer  
In 2014, due to various factors, commercial banks tightened their capacity to a large extent, which 
affected lending of export transactions. The market felt a significant liquidity squeeze and exports 
suffered - very similar to th e experience on the European market following the financial crisis of 
2008. Therefore, the Eximbank of Russia's capacity was enhanced in order to tackle the market 
gap. The increase of export volumes was not the ultimate goal of the enhancement which was 
actually made in order to cover the small and medium sized transactions that were particularly hit 
by the general lack of funding.  
 
Question  
Was there any link between this measure and the decrease in exports?   
 
Answer  
The Eximbank did not target per se to increase export volumes, but more so to cover the small to 
medium sized transactions that were particularly hit by the general lack of funding.  
 
Both VEB and Eximbank of Russia provide credits and guarantees in support of export transactions 
and the develo pment of Russian businesses' export potential.  Paragraph 3.111 lists the VEB's 
priority sectors for export support.  
 
Answer  
Eximbank of Russia in its mandate and priorities focuses on export of value -added products. 
Eximbank of Russia does not provide fina ncing of raw materials. Its focus is also limited in size, 
targeting mainly small to medium sized transactions.  
 
Paragraph 3.118  states that in terms of support facilities REC also assists entrepreneurs to carry 
out market research.  
 
Question  
Could the Ru ssian Federation provide more details on these assistance programs and 
especially explain how they operate.  
 
Answer  
The Russian Export Center JSC was created to serve as a center of competence and a one -stop-
shop for the companies interested in enhancing their export operations. It provides non -financial 
support to the Russian exporters . Exporters at the initial, pre -export phase need certain assistance 
and guidance, for instance, how to export, to obtain certificates, on relevant customs regulation. 
The c oncept is mostly to provide assistance for export creation.  
Some examples of the types of support are:  
  information on foreign markets and export demand, analysis of Russian export 
sector/potential and overall activities related to export promotion;  
  support in finding partners internationally, organization of business missions and B2B 
meetings;  
  informational support in certification of Russian goods.  WT/TPR/M/345/Add.1  
 
- 35 - 
 
  Question  
Does this also include financial support for feasibility studies in infrastructure projects?   
Answer  
The Russian Export Center does not provide any form of financial support, including financing of 
any types of feasibility studies. It is only mandated to provide information and assistance to export 
orientated companies through non -financial measures.   
 
3.3.3 State trading, state -owned enterprises, and privatization  
The Para 3.151  reads "At end -June 2016, the Russian Federation had not made any notifications 
to the WTO on state -trading enterprises within the meaning of Article XVII of GATT 1994 and the  
Understanding on the Interpretation of Article XVII. In its accession to the WTO, the Russian 
Federation made several commitments relating to state -owned and state -controlled enterprises 
and enterprises with exclusive or special privileges with regard to conducting commercial activity: 
[…] upon accession, the Russian Federation would notify enterprises falling within the scope of the 
Understanding on Article XVII of the GATT 1994."  
 
Question  
When does the Russian Federation intend to submit the respective notifications?  
 
Answer  
The necessary work is in progress and following the provisions of Article XVII of the GATT 1994 
respective notifications are to be finalized.  
 
Question  
What specific measures has the Russian Federation undertaken since joining the WTO in 
2012 in order to comply with Article XVII of GATT?   
 
Answer  
During the process of accession of the Russian Federation to the WTO all normative legal acts of 
the Russian Federation governing the activity of state -trading enterprises as well as the Ru ssian 
state-trading enterprises themselves were studied and assessed by the Membership as for their 
compatibility with the relevant provisions of the WTO Agreement. Their compliance with the 
provisions of the GATT 1994 was thus in fact implicitly confirmed  by all Members of the Working 
Party on the accession of the Russian Federation to the WTO. Since its WTO accession in 2012 the 
Russian Federation had not established new STEs.  
 
As a general matter, in accordance with the legislation of the Russian Federa tion draft measures of 
general application are subject to the mechanism of advance review and assessment as to their 
conformity with the Russia's obligations and commitments under the WTO Agreement. Such 
mechanism is aimed at ensuring WTO compliance of the  legislation of the Russian Federation.  
 
Question  
Which are the agricultural and non -agricultural products concerned by state -trading?   
 
Answer  
Currently there are no products concerned by notified state -trading.  
 
The second half of Para 3.156  states that "More recently, the OECD stated that the banking 
sector is dominated by stated -owned banks: the Central Bank of Russia is the majority shareholder 
in Sberbank, which, in 2012, accounted for almost half of retail deposits and one third of bank 
assets, altho ugh its share was declining."  
 
Question  
Could the Russian Federation explain the reasons for the central bank to hold a 
(majority) participation in a commercial bank?  
 
Question  
How does the Russian Federation deal with possible issues related to competiti on and 
market distortions?  
 WT/TPR/M/345/Add.1  
 
- 36 - 
 
  Answer  
This question is not new for us. Our partners regularly ask it during various international 
forums/meetings (such as suspended accession to the OECD, the Financial Sector Assessment 
Program of the Russian Federation in t he framework of IMF (FSAP)). The Bank of Russia has 
always given comprehensive explanations that have satisfied our partners.  
 
The position of the Bank of Russia has not changed and it is as fo llows:  
 
In October 2012, the Bank of Russia sold 7.58% of share s of Sberbank of Russia th at had 
belonged to it. As of 12 September  2016 the share of participation of the Bank of Russia in the 
capital of PJSC Sberbank is 50% + 1 share. Given the systemic importance of PJSC Sberbank in 
the financial system and the Russi an economy as a whole and taking into account the social 
responsibility of PJSC Sberbank, the termination of control as a shareholder by the Bank of Russia 
on this credit institution seems inappropriate and can lead to increased risks and adverse 
consequen ces. We believe it necessary to note that further reduction in the share of the Bank of 
Russia below the specified level is prohibited by law (Article 8 of the Federal law "On the Central 
Bank of the Russian Federation (the Bank of Russia)". The reduction in the share of the 
participation of the Bank of Russia below the level of 50% plus 1 voting share will deprive the 
government the necessary influence in the management bodies of Sberbank which will turn into a 
private oligopoly that uses its unique market  positions in the interests of a narrow circle of 
interested persons. Authoritative international experts repeatedly warned about such risks, in 
particular, even in 1990s.  
 
As for the imaginary conflict of interests as a result of the dual role of the Bank  of Russia as a 
shareholder and as a regulator, it is possible to note about this issue the following.  
 
The Chairman of the Supervisory Board of PJSC Sberbank is S.M. Ignatiev, who is an employee of 
the Bank of Russia and who is not related to the supervis ory unit. In addition, 4 members of the 
Supervisory Board are also employees of the Bank of Russia, but they are not the representatives 
of the supervisory unit of the Bank of Russia, while 4 members of the Supervisory Board are 
citizens of foreign countri es, namely, UK, Italy, USA, Finland.  
 
The oversight function over the activities of PJSC Sberbank is allocated to the separate structural 
division of the Bank of Russia (Systemically Important Banks Supervision Department).  
 
Thus, these circumstances effic iently provide the differentiation of roles of the Bank of Russia as a 
shareholder and the banking supervision agency in respect of PJSC Sberbank.  
 
Regarding the assumptions on violations of competition and market conditions it can be noted the 
following.  
 
PJSC Sberbank conducts business within the general market conditions which the entire Russian 
banking sector works in. From the side of the Bank of Russia in respect of PJSC Sberbank there 
are no preferences created neither regarding the access to the ref inancing instruments nor 
regarding regulatory requirements. Furthermore, as for regulation, PJSC Sberbank along with nine 
systemically important banks must comply with additional regulatory requirements (compliance 
with the short -term liquidity coverage ra tio, the allowance to the capital adequacy standards for 
systemic importance, earlier (a year earlier than for other banks with assets less than 500 billion 
roubles) compliance to the requirements of the internal procedures of capital adequacy 
assessment ( IPCAC)).  
 
For your information, non -residents own in tot al (according to our data) 45.6 % (as of 1 July 2016) 
of the charter capital of PJSC Sberbank which in no way indicates the closeness of this credit 
institution to foreign investors. The Supervisory Bo ard of the Bank consisting of 14  people there 
are 4 independent directors being foreigners.  
 
As of 1 August 2016 the share of PJSC Sberbank is the following:  
  in the market of population deposits it is 44.2% 
  in the b anking sector assets it is 28.9 % (while  the share of the retail portfolio is 40% of 
the whole retail portfolio sector, and the share  of corporate portfolio is 35.4 %). 
 WT/TPR/M/345/Add.1  
 
- 37 - 
 
  3.3.4  Competition policy and price controls  
Para 3.159  informs that the EAEU Treaty provides national legislations in the area of competition 
policy including the prohibition of preferences granted by state or municipal authorities. Further 
para 3.160  states that "The Federal Antimonopoly Service of Russia (FAS), operating directly 
under the authority of the Head of Government, is  responsible for administering and enforcing the 
law "On the Protection of competition", which is the main law governing competition issues in the 
Russian Federation."  
 
Question  
In such a situation, where the FAS reports to the authority of the Head of Gov ernment, 
how does the Russian Federation assess the risk of conflicts of interests, as SOEs 
account for more than 50% of the Russian economy?  
Answer  
In accordance with Article 3 of the Federal Law as of 26 July 2016 No. 135 -FZ "On Protection of 
Competitio n" (hereinafter – Law on Protection of Competition), provisions of this Law are applied 
"to the relations which are connected with protection of competition, including prevention and 
suppression of monopolistic activity and unfair competition and in which Russian juridical persons 
and foreign juridical persons, organizations, federal executive authorities, public authorities of the 
subjects of the Russian Federation, bodies of local governments, other bodies or organizations 
exercising the functions of the above -mentioned bodies, as well as public extra -budgetary funds, 
the Central Bank of the Russian Federation, natural persons, including individual entrepreneurs are 
involved.  
 
There are no exceptions from competition legislation or preferential conditions for state and 
municipal enterprises.  
 
The Federal Antimonopoly Service of the Russian Federation (the FAS Russia) examines the 
matters of identification, prevention, suppression and elimination of cases of antimonopoly 
legislation violation by enterprises with government participation equally as the matters of 
compliance with the competition rules by all the other market entities regardless of the form of 
ownership and capital structure. Therefore, in our opinion the risk of conflict of interests is being 
neutralized.  
 
Question  
How does the Russian Federation ensure the independence of the FAS and especially 
that the decisions taken to secure competition aren't impeded or revoked by the 
authority it reports to?  
Answer  
The Government of the Russian Federatio n regulates the activity of the FAS Russia. The activities 
of the Federal Antimonopoly Service is guided by the Constitution of the Russian Federation, 
federal constitutional legislation, federal legislation, Decrees of the President and the Government 
of the Russian Federation, international agreements of the Russian Federation. Within its terms of 
reference determined by the current legislation of the Russian federation the FAS Russia is an 
independent body.  
 
One of the performance indicators of the FAS Russia and of its level of independence is the 
position of the Russian Antimonopoly service in the recognized international rating on the 
effectiveness of activity of the competition authorities published by the independent international 
publication "Globa l Competition Review" (GCR).  
 
The rating is the result of the annual research of activities of the world leaders among competition 
authorities. It includes only the leading competition authorities whose law enforcement practice 
meets the highest world stan dards.  
 
The rating of the GCR allows evaluating the activities of the FAS of Russia from the side of the 
representatives of foreign and Russian legal and business community engaged by the GCR to 
participate in the preparation of the rating.  
 
In 2015, the R ussian Antimonopoly Service has been ranked 17th of approximately 33 leading 
competition authorities participating in the research.  WT/TPR/M/345/Add.1  
 
- 38 - 
 
  3.3.5 Government Procurement  
3.3.5.1 Overview  
Paragraph 3.175 states that when the Russian Federation joined the WTO in Augu st 2012, it 
agreed to initiate negotiations on the accession to the WTO Agreement on Government 
Procurement (GPA) within four years. Switzerland welcomes the recent communication by Russia 
to initiate such negotiations.  
 
Question  
Has the Russian Federatio n already taken any steps in order to align its domestic legal 
framework relating to government procurement with the obligations under the GPA?   
 
Answer  
The contract system has undergone significant changes since Russia's accession to the WTO. At 
present, government procurement is regulated by the Federal Law dated 5 April 2013 No. 44 -FZ 
"On the Contract System in State and Municipal Procurement of Goods, Works and Services" that 
entered into force on 1 January 2014. This law has replaced the Federal Law "O n Placing of Orders 
for Provision of Goods, Works and Services for State and Municipal N eeds" (Federal Law No. 94 -
FZ). 
 
Today, Russia's contract system is based on the principles of openness, transparency, 
competitiveness, professionalism, innovation and e ffectiveness of procurement. These principles 
correspond with the ones outlined in the GPA. Moreover, additional changes have been recently 
adopted regarding rationing, procurement planning procedures, public discussion of large 
procurement, monitoring of procurements, audit of procurements, and the application of 
professional standards in procurement system.  
 
Thus, we believe that Russia's accession to the GPA will not require major changes in the Russian 
legislation concerning government procurement.  
 
4 TRADE POLICIES BY SECTOR  
4.1.1 Agriculture  
4.1.1.3.2.1 State Programme for Agricultural Development  
The paragraph 4.21  names the Improvement of production among others as a principle objective 
of the State Programme for Agricultural Development.  
 
Question  
How do the Russian authorities ensure that the State Pro gramme for Agricultural 
Develop ment does not distort international trade?  
Answer  
State Program me for Agricultural Development and Regulation of Agricultural Products, Raw 
Materials and Food Markets f or 2013 – 2020 (the Program me) was developed in the light of 
provisions of the Agreement on Agriculture. From 2012 domestic support provided under the 
Program falls within the volumes set forth in Part IV of the Schedule of Concessions and 
Commitments on G oods of the Russian Federation. Furthermore, Russia annually submits to the 
WTO Secretariat notifications on domestic support for their examination by other WTO Members.  
4.2.4 Oil  
Paragraph 4.90  states that the Russian Federation may have problems exploiti ng oil reserves 
due to the decline in market prices.  
 
Question  
Could the Russian Federation provide information whether it supports the production of 
the development of such oil reserves? Furthermore, how does the Russian Federation 
support and promote th e production or the consumption of fossil fuels?  
Answer  
In order to stimulate the development of hard to recover reserves the Federal Law No . 213-FZ of 
23 July 2013 was adopted. In accordance with this law, the reduction coefficient is applied to the 
extraction tax depending on the degree of complexity. For example, zero tax rate is provided for 
hydrocarbon accumulation in the Bazhenov formation deposit.  WT/TPR/M/345/Add.1  
 
- 39 - 
 
  Question  
What steps does the Russian Federation undertake in order to reduce inefficient fossil 
fuel su bsidies in line with the G20 commitment on the phase -out of inefficient fossil fuel 
subsidies?  
Answer  
At present the Ministry of Energy of the Russian Federation and the Ministry of Finance of the 
Russian Federation are developing a new concept of tax syst em in oil sector. This concept will be 
based on additional income received for the extraction of oil. The new taxation which depends on 
economic benefit from oil deposit development will facilitate more accurate and rational approach 
to use of natural reso urces.  
4.2.6 Oil and gas transportation  
Paragraph 4.106  states that the export monopoly of Gazprom for natural gas is in the socio -
economic interest of the Russian Federation.  
 
Question  
Could the Russian Federation explain which socio -economic targets are  pursued by this policy and 
to what extend the elimination of competition contributes to these targets?  
 
Answer  
Export policy in sectors of economy of the Russian Federation including in the fuel and energy 
sector is determined by the respective legislati on of the Russian Federation.  
 
Specific company, in this case, PJSC "Gazprom" is the instrument of implementation of the policy 
of the Government of the Russian Federation in the field of gas export regulation that carries out 
functions of the organization  – owner of the unified system of gas supply, holding exclusive right 
on export of the natural gas in gas form (according to the Federal Law of 18 July 2006 No. 117 -FZ 
"On gas export").  
 
The fuel energy complex represents the basis of the Russian export an d is one of the main sources 
of tax and currency revenues in the budget of the country. The corresponding revenues are 
distributed by competent government authorities of the Russian Federation depending on the 
priorities.  WT/TPR/M/345/Add.1  
 
- 40 - 
 
  6  QUESTIONS FROM THE R EPUBLIC OF KO REA 
PART I: Questions Regarding the Secretariat Report  
 
3.1.9 Sanitary and phytosanitary requirements  
 
Page 65 (Para 3.84)  
According to CU Commission Decision No. 317, all goods included in the list of goods subject to 
veterinary control are subject to thr ee requirements: (i) the exporting establishment has to be 
included in the Registry of Establishments authorized to export to the CU; (ii) the goods must be 
accompanied by a veterinary certificate; and (iii) an import permit must be issued from an 
establis hment in the Registry. As from 1 July 2010, imports of products subject to veterinary 
control are required to come from establishments approved by the EAEU parties and included in 
the Common Registry.  
 
Question 1  
While Korea highly appreciates the Customs Union's hard work and effort to improve 
customs procedure, at the same time it would be better for the CU to provide more 
information on the changes related to customs.  What process do Russian importers and 
Korean exporters should take to import or export meat products or fishery products 
originated from Korea? Where can Korean exporters find more detailed information 
related to documents and procedures required for exporting livestock or fishery 
products to Russia?  
 
Answer  
The importing (exporting) procedu re for meat and fish products from Korea is the following:  
1. If the Korean exporting establishment has been already included in the Common Registry 
(the inclusion procedure is regulated by the Eurasian Econo mic Commission Decision as of 
9 October 2014 No.  94 on the Regulation on the Harmonized procedure of Joint On -site 
Inspections and of Taking Samples of Goods (Products) subject to Veterinary Control 
(Supervision)):  
  The Russian importer contacts the Russian competent authority (Rosselkhoznadzor) for 
obtaining the import permit for  each party of goods (products);  
  The Korean exporter contacts the Korean competent authority for obtaining the veterinary 
certificate (the common forms of veterinary certificates are approved by the Customs 
Union Commission Dec ision as of 7 April 2011 No. 607) for  each party of goods (products);  
  The party of goods (products) accompanied by veterinary certificate is imported into the 
territory of the Russian Federation through the border checkpoint prescribed in the import 
permi t issued by Rosselkhoznadzor.  
 
2. If the Korean exporting establishment has not been already included in the Common 
Registry:  
  The Korean competent authority on the basis of establishments application requests the 
competent authority of the EAEU Member to include the specific establishment in the 
Registry (the inclusion procedure is regulated by the above mentioned decision No. 94 ).  
Information on documents and exporting/importing procedures is available on Rosselkhozn adzor 
official web site, section "Import. Export. Transit " or by the following link: 
http://www.fsvps.ru/fsvps/importExport . 
 
PART II: Questions Regarding the Government Report  
 
4.2 Improving Customs Administration  
 
Page 6 (Para 4.13)  
The number of documents required for the customs declaration of goods was reduced (4 
documents for exports and 6 documents for imports in contrast to 6 documents for exports and 8 
documents for imports in 2014).  
 
Question 2  
Could the Russian Government identi fy the 10 documents, including four for exports and 
six for imports, required for the customs declaration of goods in the Russian Federation?  
 WT/TPR/M/345/Add.1  
 
- 41 - 
 
  Answer  
The documents required for imports are:  
- goods declaration;  
- invoice;  
- transport document (bill of lading);  
- document confirming origin;  
- document confirming product code (packing list);  
- documents confirming compliance with intellectual property rights (if necessary).  
The documents required for exports are:  
- goods declaration;  
- invoice;  
- transport document (bill of la ding);  
- document confirming product code (packing list).  
 
Question 3  
Could the Russian Government accept the copy of a bill of lading (B/L) for the cargo 
passing through Russia. Korea asks the Russian Government's positive consideration on 
this matter.  
 
Answer  
The procedures and rules of customs operations are set not by the Government of the Russian 
Federation, but by the EAEU legislation. Under CU Commissio n Decision No. 438 of 
17 August  2010 (as last amended 10 November 2015) the submission of transit de claration is to 
be accompanied by the original of a bill of lading for the cargo in transit.  
 
Question 4  
At present, Korean shipping companies have to submit all quality certification 
documents in the Russian format requested by the Russian government eve n if they 
deliver the same cargo. Could the Russian Government allow shipping companies to 
submit all the documents related to quality certification only once at first and not to ask 
them to submit the same documents repeatedly if there's no change to the goods when 
their cargos have already gone through customs formalities before and are scheduled to 
be delivered in the future as well?  
 
Answer  
According to paragraph 6 of Article 183 of the CU Customs Code the customs declaration in 
electronic form may not be accompanied by documents, if such documents are presented to the 
customs authority previously.  
The Instruction for filling of the customs declaration (approved by  the CU Commission Decision 
No. 257 of 20 May 2010), provides for the possibility to specif y details of the previously submitted 
documents and not to ask repeatedly or subsequent submission of documents.  
 
ADDITIONAL QUESTIONS FROM KOREA  
 
PART I: Questions Regarding the Secretariat Report  
 
3.1.1 Customs procedures and requirements  
 
Page 42 (Para 3.10)  
The Russian Federation is a member of the World Customs Organization (WCO), the International 
Convention on the Harmonized Commodity Description and Coding System, the Customs 
Cooperation Council, the ATA Carnet, the Nairobi and Istanbul Conventions,  and the International 
Convention on the Simplification and Harmonization of Customs Procedure (Revised Kyoto 
Convention, 1999).  
 
Question 1  
The Harmonized System Committee (HSC), at its 55th session in March 2015 examined 
the Harmonized System classificat ion of smartwatches and decid ed it to be classifiable 
under S ubheading 8517.62. As there was no reservation by any administration including 
the Russian Federation, the classification was confirmed. Could the Russian Government 
please explain why smartwatch es could not be classifiable under 8517.62?  
 WT/TPR/M/345/Add.1  
 
- 42 - 
 
  Answer  
On 13 September 2016, the Eurasian Economic Commission published a draft decision on the 
classification of smart watches under subheading 8517.62 for public discussion. The mentioned 
draft corresponds to international practice and recommendations adopted at 55th session of the 
Harmonized System Committee. The draft d ecision is available on the web site of the Eurasian 
Economic Commission: https://docs.eaeunion.org/pd/ru -ru/0101311/pd_13092016 . After the 
public discussion we expect this decision to be considered and adopted by the Commission.  
 
Page 42 (Para 3.12)  
In 2015, the Russian Federation was ranked 170th out of 189 economies in term s of trading across 
borders with 10 documents, and 96 hours needed for importing and a cost of US$1,125. The 
ranking for trading across borders is based on exporting iron and steel (HS 72) to Italy, and 
importing parts and accessories of motor vehicles (HS  8708) from Germany. Other indicators rank 
the Russian Federation differently: the World Bank Logistics Performance Index for 2014 ranked 
the Russian Federation as 90th out of 160 economies for logistics generally and 133rd for customs 
specifically; the Wo rld Economic Forum's Burden of Customs Procedures ranks the Russian 
Federation as 88th out of 140 economies.  
 
Question 2  
The Russian customs authorities demand a total of nine to ten documents, such as 
commercial invoice, certificate of origin and other do cuments for customs clearance. In 
addition, with the measure to increase the number of items to be inspected, it takes a 
great deal of time and cost for export and import goods to cross the border. Would the 
Russian Government be willing to take measures t o ease the burden on foreign 
exporters in customs clearance, such as applying consistent customs law, simplifying 
documents required for customs clearance and reducing the number of items to be 
inspected?  
 
Answer  
Paragraph 1 of article 183 of the Customs C ode of the CU defines the set of documents required 
for customs clearance. This set depends on tariff line (product name), country of origin, field of 
application . Currently, the Federal Customs Service is working to reduce the number of documents 
required  for customs clearance.  
The draft Customs Code of the EAEU contains provisions to reduce the number of documents 
required for customs clearance. New approach in the draft EAEU Customs Code provides for the 
submission of customs declaration without addition al documents. Provided that the customs 
authorities will have the right to  request documents confirming data in  the customs declaration.  
According to the legislation of the EAEU certificate of origin or declaration of origin can be used to 
confirm the coun try of origin.  
In addition, the information provided under the framework agreement on mutual recognition of 
customs control results where available is used for the facilitation of customs clearance of 
imported goods. The cooperation under such arrangements  can significantly speed up and simplify 
customs operations including the data exchange regarding the risk management assessments by 
the customs authorities of the exporting country.  
 
3.3.5 Government procurement  
 
Page 93 (Para 3.185)  
However, the Law No.  44-FZ gives the Russian Government the ability to impose restrictions on 
the purchase of foreign goods, works and services for the purposes of: protecting the 
const itutional order, national defence  and security, and the domestic market; developing the 
national economy; and supporting Russian producers. Detailed implementing rules regarding these 
restrictions have been developed and published in the form of Federal Resolutions. 150 Foreign 
products will only be considered if there is no production of the go ods or services in the territory of 
the Russian Federation. The Russian authorities confirmed that suppliers and service providers 
established in the territory of the Russian Federation with foreign capital have equal rights to 
participate in government pr ocurement in the Russian Federation and other EAEU member States. 
On 25 March 2014, the Ministry of Economic Development issued Order No. 155 establishing a 
15% price preference for domestically -produced goods in public procurement. With regard to rules 
of origin, the Russian Authority confirms that the rules of origin in government procurement are 
identical to the rules of origin used in Russia's normal trade.  
 WT/TPR/M/345/Add.1  
 
- 43 - 
 
  Question 3  
The Russian Government has taken measures to restrict products manufactured in 
foreig n countries from public bidding in the areas of construction equipment (crane, 
bulldozer, etc.), car (trolley bus, container, etc.), medical products (X -ray, mask etc.), 
and so forth. As a result, foreign companies have difficulties in entering into the Ru ssian 
market. Could Russia explain its position about the issue?  
 
Answer  
Russia does not have any obligations in respect of government procurement in the WTO. However, 
the Russian Federation has circulated the communication, dated 19 August 2016, to initia te the 
negotiations on the accession to the GPA. T herefore, these measures might  be discussed with the 
Parties of the GPA within the framework of negotiations on Russia 's accession to the GPA as part of 
the discussion on the coverage of future Russia 's com mitments under the GPA.  
 WT/TPR/M/345/Add.1  
 
- 44 - 
 
  7  QUESTIONS FROM SINGA PORE  
PART I: QUESTIONS RE GARDING THE SECRETARIAT REPORT  
 
Questions  
 
Trade Policies and Practices by Measure  
 
Page 42 (Para 3.8)   
 
Question 1  
We understand that the Russian Federation's Authorized  Economic Oper ator (AEO) 
scheme is laid out in Articles 38 -41 of the CU Customs Code and Articles 85 -96 of Law 
No. 311 -FZ. We would appreciate it if the Russian Federation could share its 
considerations on entering into mutual recognition arrangements of AEO schemes and  if 
such considerations are formalized . 
 
Answer  
CU Customs Code does not provide the possibility of mutual recognition of AEO schemes. Draft 
EAEU Customs Code envisages the possibility of granting special simplifications for AEO from third 
countries on rec iprocal basis in accordance with international agreements of the EAEU.  
 
Page 42 (Para 3.11)   
 
Question 2  
We note that as at end -March 2016, the Eurasian Economic Commission (EEC) has 
prepared an action plan for the implementation of a single -window system.  Have there 
been, or does the Russian Federation foresee, any problems in implementing this? What 
is the target date of achieving an integrated single  -window mechanism at the Eurasian 
Economic Union (EAEU) level?  
 
Answer  
Technological problems are the mai n obstacle in implementation of a single -window system. The 
target date of achieving an integrated single -window mechanism at the EAEU level is 4th quarter 
2020 (according the Decision of Supreme Eurasian Economic Council No. 19 of 8 May 2015).  
 
Page 43 (P ara 3.15)  
 
Question 3  
We note that the Russian Federation has deposited the instrument of acceptance of the 
Trade Facilitation Agreement (TFA). Could the Russian Federation share whether there 
would be any significant changes to its current customs procedu res to meet the 
obligations of the TFA? If yes, we would appreciate if the Russian Federation could share 
which specific obligations this would concern and if the changes will be automatically 
effected upon entry into force of the TFA.  
 
Answer  
The applica tion of the Trade Facilitation Agreement rules does not require significant changes to 
Russian  current customs laws, except some changes to the two Administrative Regulations of the 
Federal Customs Service of the Russian Federation.  
 
Page 43 (Para 3.17)   
 
Question 4  
We note that the system of customs valuation is based on the principles and provisions 
of GATT 1994, and that the primary method of customs valuation is the "transaction 
value" method, which is used in 85% of cases. We would like to clarify whet her such 
transaction value includes royalty payments for intellectual property, and if so, the basis 
upon which such royalties is calculated.  
 
 WT/TPR/M/345/Add.1  
 
- 45 - 
 
  Answer  
In determining the customs value of the imported goods based on the transaction value, the 
following fees  shall be added to the price actually paid or payable for the goods:  
royalties and similar fees for the use of intellectual property (including patents, trademarks, 
copyrights fees) related to the evaluated (imported) goods and directly or indirectly paid or 
payable by the buyer as a precondition for the sale of the evaluated goods, in the amount not 
included in the price actually paid or payable for the goods.  
 
In determining the customs value of the imported goods, the following fees shall not be added to  
the price actually paid or payable for the goods:  
a)  fees for the right of reproduction (replication) of the imported goods in the customs 
territory of the EAEU;  
b)  fees for the right of distribution or resale of the imported goods, unless such fees as a 
precondition for re -exporting the imported goods to the customs territory of the EAEU.  
 
Page 48 (Para 3.32)   
 
Question 5  
We note that for some tariff lines, the format of the applied MFN duties and the bound 
duties is different, resulting in applied MFN duties  exceeding bound levels. Can the 
Russian Federation explain its rationale for the difference in format of such duties? How 
does the Russian Federation intend to address the issue of applied tariffs exceeding its 
bound tariff commitments?  
 
Answer  
Article II  of the GATT does not preclude the application of combined duties on the condition that 
such duties should not exceed the bound rates.  
 
According to the Article 45 of the Treaty on the Eurasian Economic Union of 29 May 2014 decisions 
determining Common Cu stoms Tariff of the Eurasian Economic Union fall within the competence of 
the Eurasian Economic Commission (EEC). In order to ensure the consistency of EEC's acts with 
Russia's WTO commitments the  Treaty on the Functioning of the Customs Union in the Frame work 
of the Multilateral Trading System of 19 May 2011 (Annex 31 to the Treaty on the Eurasian 
Economic Union of 29 May 2014) w as concluded.  
 
Thus, when EEC adopts and applies its acts, those acts have to comply with EAEU Member's WTO 
commitments, includin g Russia's tariff commitments.  
According to Russia's WTO tariff commitments, the reduction of applied tariffs is carried out by EEC 
on the annual basis. In the process of reconciling the level of duties with the EAEU members and 
EEC, Russia verifies the l evel of specific parts of combined duties based on import data of 
respective period.  
 
Page 55 (Para 3.49)   
 
Question 6  
The Secretariat Report describes the transition of roles in trade remedy investigations 
from the Russian Federation's Ministry of Industr y and Trade to the EEC's Department 
for Internal Market Defence (DIMD) and the Board of the EEC. Could the Russian 
Federation share: (a) whether there were any changes in trade remedy investigation 
practices as a result of this transition and; (b) the deci sion-making process undertaken 
by the Board of the EEC on the imposition of trade remedy measures?  
 
Answer  
During the period from 2008 to 2010  the Ministry of Industry and Trade of the Russian Federation 
("MIT") had been conducting trade remedy investigati ons in accordance with the Federal Law 
No. 165-FZ of 8 December 2003 "On Safeguards, Anti -Dumping and Countervailing Measures 
Applied to Imports of Goods". A decision on imposition of trade remedies was to be made by the 
Government of the Russian Federatio n (Article 5 of the Federal Law No. 165 -FZ).  
 
During the transition period  and prior to transfer of competence in the field of trade remedies to 
the supranational level of the Eurasian Economic Commission ("EEC) the MIT was conducting trade 
remedy investi gations in accordance with the Agreement on the Application of Safeguard, Anti -WT/TPR/M/345/Add.1  
 
- 46 - 
 
  Dumping and Countervailing Measures Against Third Countries of 25 January 2008 ("Basic 
Agreement") pursuant to Decision of the Commission of the Customs Union  No. 339 of 
August  2010 "On the Application of Safeguard, Anti -Dumping and Countervailing Measures in the 
Common Customs Territory of the Customs Union within EurAsEC".1  
 
After the transfer of competence to the EEC and during the period from 2012 till 2014  the DIMD 
conducte d trade remedy investigations in accordance with the Basic Agreement.  
 
Since January 2015  the DIMD has been conducting trade remedy investigations in accordance with 
the Treaty on the Eurasian Economic Union of 29 May 2014 ("Treaty on the EAEU") and Annex  
No. 8, Protocol on Application of Safeguard, Anti -Dumping and Countervailing Measures with 
respect to Third Countries ("Protocol").  
 
The Protocol contains several provisions that were introduced as a result of the codification process 
and contains the fol lowing major changes in comparison with the Basic Agreement. Firstly, the 
deadlines concerning registration of interested parties as parties to investigation, request for public 
hearings and submissions of comments and relevant evidence were modified. Seco ndly, a 
recommended period for a decision to apply a provisional measure was established. Thirdly, the 
Protocol contains provisions on retroactive application of trade rem edies in the meaning of 
Article  10 of the Anti -Dumping Agreement and Article 20 of th e SCM Agreement. Fourthly, the 
Protocol provides for a new form of a safeguard measure (i.e. special quota). The Protocol also 
specifies the procedure for implementation of the decision of the Court of the Union under judicial 
review of trade remedies. These changes in trade remedy practices do not stem from this 
transition but were made due to  the accession of the Russian Federation to the WTO, and are 
aimed to enhance transparency of the trade remedy proceedings and the overall effectiveness of 
the trade remedy system.  
 
The following procedures apply with regard to the decision -making process. The DIMD prepares a 
report that contains a determination on the results of investigation and a recommendation of the 
investigating authority whether or not to apply a trade remedy measure. The report of the 
investigating authority and a draft decision are normally considered by the Advisory Committee.2 A 
decision to impose a trade remedy measure is adopted by the Board of the Commission based 
upon the final report of the investigating authority. The decision enters into force within 30 days 
from the date of its publication.  
 
Pages 55 -56 (Para 3.52)   
 
Question 7  
The Secretariat Report notes that applications for safeguard measures must be 
supported by producers of like  or directly competitive products representing no less 
than 25% of total production volume of these products in the EAEU Member States. 
Could the Russian Federation explain the considerations behind setting this minimum 
threshold at 25%?  
 
Answer  
The minim um threshold of 25% comes from the definition of the domestic industry set forth in 
Article  49 (4) of the Treaty on the EAEU. Article 49 (4) specifies the following:  
 
For the purposes of application of trade remedies, the domestic industry of 
the Member St ates shall be interpreted as referring to domestic producers as 
a whole of … the like or directly competitive products (for the purposes of 
safeguard investigations) or those of them whose collective output of such 
products constitutes a major proportion o f the total domestic production in 
the Member States of the like products or like or directly competitive 
products, respectively, but not less than 25 %. 
 
To recall, the WTO Agreement on Safeguards does not contain quantitative indications as to what 
is to be considered a minimum threshold to determine "a major proportion of the total domestic 
                                                
1 See Notification of Laws and  Regulations under Articles 18.5, 32.6 and 12.6 of the Agreements by the 
Russian Federation ( G/ADP/N/1/RUS/1, G/SCM/N/1/RUS/1, G/SG/N/1/RUS/1).  
2 The Advisory Committee represents a working body composed of the representatives of the interested 
public auth orities of the EAEU Member States.  WT/TPR/M/345/Add.1  
 
- 47 - 
 
  production".  
 
Therefore, the precise figure of 25% (minimum volume of production) was included in the EAEU 
law to specify clear frames for the domestic industry when i t can apply for initiation of a safeguard 
investigation.  
 
Page 56 (Para 3.53)  
 
Question 8  
The Secretariat Report outlines the trade remedy stages and timing in the EAEU in 
Table  3.11. Could the Russian Federation indicate at which stage does in -person 
verification of information by the investigating authority take place? For such 
verification visits, how far in advance does the investigating authority notify affected 
companies of the visit (including the dates of the visit, the topics the respondents 
shou ld be prepared to address, and the types of supporting documentation that are to 
be made available for review)?  
 
Answer  
In-person verification of the information submitted by interested parties normally takes place after 
the questionnaire responses and the  replies to deficiency letters, if any, have been analyzed  by the 
case handles. The investigating authority normally notifies the affected companies of the visit 3 
weeks in advance. In case when the company accepts the request for the verification, the 
investigating authority provides the outline for verification and informs about the  topics that the 
company should be prepared to address, and the types of supporting documentation that are to be 
made available for inspection. Such information is sent to the company two weeks in advance. For 
detailed rules on verification visits please refer to paragraphs 242 -243 of the Protocol.3 
 
Page 56 (Para 3.54)  
 
Question 9  
We note that the Secretariat Report provides statistics on the trade remedy actions for 
2012 -2015  in Table 3.12. We would appreciate if the Russian Federation could share the 
proportion of anti -dumping measures in which provisional and final determinations were 
made on the basis of facts available in accordance with Annex 8 of the EAEU Treaty 
paragrap h 212. We are also interested to know the following: in an anti -dumping 
investigation, if the investigating authority determines that an interested party's 
response to a request for information does not comply with the request, whether the 
investigating au thority will inform that interested party of the nature of the deficiency 
and provide that interested party with an opportunity to remedy the deficiency within a 
reasonable timeframe. In the event that the interested party submits further 
information to ad dress the deficiency and the investigating authority finds such 
response not satisfactory or timely, would the investigating authority explain the 
reasons for disregarding any of responses in the determination or any other written 
documents?  
 
Answer  
In cas es when preliminary and final determinations are made on the basis of the facts available 
the investigating authority normally requests additional information and (or) asks for clarification 
of data submitted. If the supplementary response fails to address  the deficiency, the investigating 
authority informs the interested party of the reasons why the information will not be taken into 
account. The determination of the investigating authority contains the reasons for resorting to 
facts available.  
 
As regard s the anti -dumping investigations concluded by the DIMD, the facts available were used 
in the anti -dumping investigations on light commercial vehicles originating in Germany, Italy, 
Poland and Turkey, cold -worked seamless pipes and tubes of stainless steel  originating in China, 
enamelled baths of cast iron originating in China, rolling -element bearings originating in China 
(sunset review), and forged work -rolls originating in Ukraine (sunset review). It should be noted 
that the facts available were used wit h respect to certain interested parties that failed to cooperate 
                                                
3 See Notification of Laws and Regulations under Articles 18.5, 32.6 and 12.6 of the Agreements by the 
Russian Federation ( G/ADP/N/1/RUS/2, G/SCM/N/1/RUS/2, G/SG/N/1/RUS/2) . WT/TPR/M/345/Add.1  
 
- 48 - 
 
  with the investigating authority to the best of their ability.  
 
Page 58 (Para 3.61)  
 
Question 10  
It was explained in the Secretariat Report that international standards form the basis 
for te chnical regulations in the EAEU except in cases where they do not comply with the 
purposes of adoption of the technical regulation. Could the Russian Federation highlight 
some recent examples where technical regulations were adopted by the EAEU without 
referencing international standards and the purposes/policy intent behind these 
technical regulations?  
 
Answer  
For example, the technical regulations of the EAEU "On safety of roads" (TR 014/2011) and "On 
safety of wheeled vehicles (TR 018/2011) contain dire ct references to international standards.  
The draft technical regulations of the EAEU "On requirements for energy efficiency of electrical 
power consuming devices" (G/TBT/N/RUS/33) and "On restrictions of use of hazardous substances 
in electric and electro nic products" (G/TBT/N/RUS/35) are based on relevant international 
standards.  
 
Some adopted technical regulations of the EAEU ( e.g. the technical regulations "On safety of 
products intended f or children and adolescents " ( TR CU 007/2011 ) contain requiremen ts that 
differ from international standards, setting higher requirements for goods.  
 
Page 59 (Para 3.65)   
 
Question 11  
We note with interest that each technical regulation of the EAEU includes a section on 
packaging, marking and labelling requirements. We would like to understand if the 
Russian Federation or the EAEU has considered the implementation of e -labelling 
options for certain products, and the constraints and challenges in accepting and 
implementing e -labelling.  
 
Answer  
The pilot (experimental) pr oject for the introduction of labelling control (identification) marks  on 
fur apparel, clothing accessories and other articles of fur is currently introduced in the Eurasian 
Economic Union within the framework of the traceability mechanism implementation f or the 
production and development of certain types of e -labelling systems for clothes manufacture.  
 
Page 61 (Para 3.71)   
 
Question 12  
We note that a significant proportion of the Russian Federation's national standards in 
the engineering, energy and heat e ngineering and metallurgy sectors are not 
harmonized with international standards. We would appreciate if the Russian Federation 
could explain (i) the reasons for this, (ii) the safeguards put in place by the respective 
regulatory bodies to ensure these st andards do not constitute unnecessary barriers to 
trade, and (iii) its plans to improve these figures.  
 
Answer  
i.  Many standards in mentioned above areas provide a possibility of repair and maintenance 
of existing industrial facilities.  
ii.  All standardization  documents are used on a voluntary basis (Article 4.1 of the 162 - FZ 
"On Standardization in the Russian Federation") and therefore cannot create unnecessary 
barriers to trade.  
iii.  Currently, the Russian Federation is considering the possibility of direct use of international 
standards that will improve the degree of harmonization.  
 
Page 62 (Para 3.76)   
 
Question 11  
We understand that the EAEU is responsible for coordinating the development and WT/TPR/M/345/Add.1  
 
- 49 - 
 
  implementation of SPS measures. Could the Russian Federation clarif y if the EAEU 
Commission would examine both existing and new SPS measures? We would also 
appreciate if the Russian Federation can share whether the EAEU Commission 
additionally plays a role in harmonizing existing measures which differ across EAEU 
Member S tates? If so, what is the current progress of this harmonization effort?  
 
Answer  
According to the EAEU Treaty agreed policy shall be conducted in the sphere of sanitary, 
veterinary -sanitary and phytosanitary quarantine measures. The agreed policy is implem ented 
through joint development, adoption and implementation of international treaties and Commission 
acts. Realization of such policy presumes legal harmonization to the extent necessary. Significant 
steps have been taken towards full harmonization, you c ould estimate the reached progress and 
get acquainted with the EAEU legal frame work on the EAEU Commission web site, section 
"Documents ". Meanwhile according to the EAEU Treaty the Eurasian Economic Commission 
monitors only implementation of the EAEU legal acts. Thus the EAEU Commission examines 
already existing and new SPS measures, but only at the EAEU level.  
 
Page 65 (Para 3.84)  
 
Question 12  
We understand that imports of products subject to veterinary control are required to 
come from establishments appro ved by the EAEU parties and included in the Common 
Registry. We would appreciate it if the Russian Feder ation could share what the: 
(i) application process is, (ii) approval process entails, and (iii) average time is between 
applying for approval and being  included in the Common Registry?  
 
Answer  
The exporting establishment should be included in the Common Registry.  
1.  If the exporting establishment has been already included in the Common Registry (the 
inclusion procedure is regulated by the Eurasian Econo mic Commission Decision as of 
9 October 2014 No. 94 on the Regulation on the Harmonized procedure of Joint On -site 
Inspections and of Taking Samples of Goods (Products) subject to Veterinary Control 
(Supervision)):  
  The Russian importer contacts the Russian competent authority (Rosselkhoznadzor) for 
obtaining the import permit for each party of goods (products).  
  The exporter contacts the national competent authority for obtaining the veterinary 
certificate (the common forms of veterinary certificates are app roved by the Customs 
Union Commission decision as of 7 April 2011 No. 607) for each party of goods (products).  
  The party of goods (products) accompanied by veterinary certificate is imported into the 
territory of the Russian Federation through the border checkpoint prescript in the import 
permit issued by Rosselkhoznadzor.  
2.  If the exporting establishment has not been already included in the Common Registry:  
  The national competent authority of the exporting establishment on the grounds of its 
application c ontacts the competent authority of the EAEU Member to include the specific 
establishment in the Registry (the inclusion procedure is regulated by the above 
mentioned D ecision No. 94 ).  
 
After inclusion in the Registry the exporting establishment has the ri ght to export its goods to the 
territory of any EAEU Members.  
 
There is no fixed time for approving the establishment and its inclusion in the Registry. It depends 
on information completeness provided by the national competent authority of the exporting 
country.  
 
Page 78 (Para 3.127)   
 
Question 13  
What are the "economic development objectives" for which VAT exemptions may be 
claimed, and how are such exemptions consistent with the Russian Federation's WTO 
obligations, particularly vis -à-vis National Treatme nt obligations and subsidy 
disciplines?  
 WT/TPR/M/345/Add.1  
 
- 50 - 
 
  Answer  
The exemptions from VAT refer to social assistance and economic development objectives and 
include operations involving the sale of goods, works and services of social purpose, including 
medical products and services, services for the care of children, sick, disabled and elderly, 
education services, services provided by organizations engaged activity in the sphere of culture 
and art, health organizations and recreation organizations, services for passengers ur ban 
passenger public transport etc. The exemptions from VAT apply identically to domestic and 
imported goods, works and services.  
 
Pages 82 – 84 (Paras 3.143 – 3.146)   
 
Question 14  
What are the performance indicators that entities need to meet under Law No . 488 -FZ 
and the subsequent Decrees issued relating to it, and how are these performance 
indicators consistent with the Russian Federation's WTO obligations, particularly vis -à-
vis National Treatment obligations and subsidy disciplines?  
 
Answer  
The Federal  Law No . 488-FZ of 31 December 2014 itself does not establish any performance 
indicators.  
The performance indicators the entities need to meet are set in accordance with each Resolution of 
the Government of the Russian Federation that regulates the provis ion of the subsidy. Different 
performance indicators are set for each sector of economy.  
These indicators do not include elements that depend on export performance or on the use of local 
products. They are hence in line with the WTO obligations of the Rus sian Federation.  
 
Trade Policies by Sector  
 
Page 144 (Para 4.121)   
 
Question 15  
We note that in cases where foreign investment in the banking and insurance sectors 
exceeds a specified charter capital ratio, the Central Bank of Russia (CBR) has a 
discretion ary authority to take certain actions to temporarily limit further foreign 
investments in such sectors. Could the Russian Federation elaborate on what some of 
these actions might entail? Might any action also be taken with respect to existing 
foreign inves tments? Furthermore, given that this "specified charter capital ratio" is 
calculated annually, would this also mean that such temporary limits, if imposed, are 
likewise reviewed annually?  
 
Pursuant to the provisions of the Federal Law of the Russian federa tion "On banks and banking 
activities" (Article 18) (as amended by the Federal Law No. 375-FZ dated 14 December 2015) 
once specified charter capital ratio (hereinafter – quota) equals 50% the Bank of Russia will:  
-  Deny any application for licensing of a ne wly established credit institution with foreign 
investments;  
-  Impose a ban on:  
- charter capital increase of credit institutions with the funds raised from foreign 
investors;  
- acquisitions of credit institutions shares by foreign investors should the said 
acquisitions result in quota exceeding . 
 
Measures taken with the view to implement the quota do not affect existing foreign investments in 
Russian banks.  
 
The Bank of Russia will closely monitor the situation and will withdraw the aforementioned 
measures in  case the quota falls below 50%.  
 
Answer  
The Bank of Russia will post information on measures with respect to quota/withdrawal of these 
measures in official publication "Vestnik of the Bank of Russia" and on Bank of Russia's website : 
www.cbr.ru .  
 WT/TPR/M/345/Add.1  
 
- 51 - 
 
  The same applies to insurance sector.  
 
PART II: QUESTIONS REGARDING THE GOVERNMENT REPORT  
 
Trade Policy  
 
Page 6 (Para 4.7)   
 
Question 16  
We understand that the draft Customs Code of the EAEU provides for a substantial 
simplification of customs formalities in accordance with the international standards and 
global practices, and that it includes provisions for modernization throu gh electronic 
systems, including a "single wind ow". We are interested to know:  
a. How would this draft Customs Code of the EAEU apply to the Russian 
Federation? (i.e. is it binding? Would the Russian Federation be required to 
change its Customs laws to be in line with this new Customs Code?)  
b. Have any targets or timeline been set for the establishment of a national 
single window environment for customs and other border regulatory 
procedures?  
c. What is the Russian Federation's current progress in the establishment  of a 
national single window environment for customs and other border regulatory 
procedures?  
 
Answer  
a) New Custom Code of the EAEU will be binding for all member states of the EAEU. The new 
Custom Code will require to change Russian national legislation.  
b) According the Decision of Supreme Eurasian Economic Council No. 19 of 8 May 2015 the target 
date for the establishment of a national single window environment for customs and other border 
regulatory procedures is 31  December 2019.  
c) The Federal law of the Russian Federation No. 210 -FZ of 27 July 2010 "On organization of 
rendering state and municipal services" established a possibility of providing documents and 
information in electronic form with use of technological cards of interagency coordination (T CIC).  
 
TCIC is a unified and standardized electronic document that defines the structure and format of 
transmission of documents and information required for customs control, and the timing of the 
technical implementation of the electronic interagency coo peration. The Federal Customs Service 
developed 61 TCIC with 32 federal authorities and one TCIC – with the Chamber of Commerce and 
Industry of the Russian Federation. Special e -services were developed for technical 
implementation of these TCIC and were in tegrated into the information system of the EAEU, 
allowing for the exchange of documents in electronic form for customs purposes without their 
request on paper.  
 
The web -portal "Seaport" developed by the Federal Customs Service is one of the elements of th e 
mechanism of "single window" in the marine checkpoints of the Russian Federation, ensuring the 
implementation of the general principles of information interaction between all involved 
participants of business processes in seaports on the basis of web -technologies.  
 
Page 9 (Para 4.40)   
 
Question 17  
We understand that the Russian Federation adopts a list of investment activities that 
require prior approval by the Government Commission on Monitoring of Foreign 
Investment in the Russian Federation if the leve l of investment exceeds a certain 
threshold. It is stated in the Government Report that the list of strategic activities was 
expanded in 2014. What is the Russian Federation's policy regarding established foreign 
investments doing activities that are recla ssified to be included in this list of strategic 
activities?  
 
Answer  
In 2014 three types of activities deemed to be of strategic importance were included in the list of 
strategic activities, explicitly provided by the Article 6 of the Federal Law No. 57-FZ "On the 
Procedure for Facilitating Foreign Investment in Legal Entities Having Strategic Importance for WT/TPR/M/345/Add.1  
 
- 52 - 
 
  National Defence and State Security " of 29 April 2008:  
1.  evaluation of the vulnerability of transport infrastructure facilities and the means of 
transp ort by specialized organizations;  
2.  protection of transport infrastructure facilities and the means of transport by 
transport security units from acts of unlawful intervention;  
3.  certification of transport security units by the certifying organizations.  
 
Foreign investors with established investments in the areas mentioned above are not to file any 
documents and do not bear any extra administrative burden related to such changes.  
 
However new foreign investors' deals as regards strategic legal entities carrie d out after the 
amendments came into effect are to be conclu ded in accordance with the Law No.  57-FZ (including 
getting prior approval of the Government Commission on Monitoring of Foreign Investment).  
 WT/TPR/M/345/Add.1  
 
- 53 - 
 
  8  QUESTIONS FROM MEXIC O 
Informe del Gobierno de la Fe deración de Rusia (WT/T PR/G/345)  
Pregunta 1.WT/TPR/G/345 • Rusia; Informe de Rusia; 4 POLÍTICA COMERCIAL ; 
4.2 Mejoramiento de la administración aduanera:  
 
Página 7, párrafo 4.15  
Se ha establecido, con carácter experimental, una lista de empresas de transpo rte "bona fide", que 
no están obligadas a cumplir las medidas relativas al tránsito aduanero (158 empresas de 
transporte).  
México pregunta 1 : ¿Cuáles son los medios de transporte abarcados y los requisitos para 
que una empresa pueda formar parte de esa lis ta? 
Answer  
For the purpose of eliminating administrative barriers for bona fide participants of foreign 
economic activity, acceleration of passage of transportation vehicles at the border gates with 
preservation of necessary level of control by the customs  authorities, the Federal Customs Service 
of Russia has decided to hold the experiment on forming the list of bona fide Russian transport 
companies that are allowed to transit and free of customs fees and duties.  
 
The above -mentioned experiment is being he ld from November 2013 .4 If the transport company 
wanted to be included to such list it should be complied with the requirements of the Federal 
Customs Service of Russia5. 
As of 5 April 2016, 158 transport companies were included to this list. Th ese compani es held more 
than 27, 000 transportations of goods that are under the customs control. Cases of non -delivery of 
goods do not exist.  
WT/TPR/G/345 • Rusia; Informe de Rusia; 4 POLÍTICA COMERCIAL ; 4.6 Política de 
inversiones  
Página 10, párrafo 4.39. Además, se  han aplicado las siguientes medidas para mejorar el clima de 
inversión:  
-  se ha desarrollado el marco legislativo de las asociaciones entre el sector público y 
el sector privado a escala federal; […]  
México pregunta 2 : ¿Podría Rusia explicar cómo funciona su régimen de asociaciones 
entre el sector público y el sector privado a nivel o escala Federal?  
Answer  
In order to increase volumes of investments in infrastructure the mechanisms of public -private 
partnership (hereinafter – PPP) are increasingly being us ed in the country.  
 
1) Measures of the legal regulation  
1.1) The Federal Law No. 275 -FZ "On amendments to the Federal Law "On concession 
agreements" (hereinafter – Federal L aw No. 275 -FZ) has been adopted  
The Federal Law No. 275 -FZ (adopted on 3 July 2016  and will come into force on 1 January  2017) 
provides for the following:  
 
  the ability to conclude concession agreements (hereinafter – CA) without a tender by 
the decision of the Government of the Russian Federation;  
                                                
4 According to the Order of the Federal Customs  Service of Russia as of  31 October 2013 
No. 336 -p. 
5 The main requirements are the following:  
- final owner of the transpor t company is the Russian person;  
- finance stability of the company;  
- experience with transportation of goods in accordance to the  procedure of customs transit is required,  
- the vehicle fleet is required. All the vehicles shall be equipped for transportations  under customs seals 
and stamps;  
- non-existence of violations of the customs legislation in respect of transportation of goo ds; 
- possibility to immediate impose measures on debt collection (in case of debt), including through the 
company’s property.   WT/TPR/M/345/Add.1  
 
- 54 - 
 
    the ability to shift the costs for t he preparation of the documentation to the 
concessionaire;  
  the performance monitoring of concession agreements has been implemented in the 
procedure established by the Government of the Russian Federation;  
  the introduction of the mandatory terms of the c oncession agreement to approve the 
value of the rent (rate of the rent) for land plot usage during the term of the 
agreement or the formula for rent (rents) calculation based on compulsory payments 
established by the legislation and associated with the rig ht of possession and usage 
of the land plot by a concession provider.  
 
Besides, 275 -FZ provides for the introduction of comprehensive changes which are aimed at the 
improvement of the legislative regulation of the CA in the housing sector. For these purpos es, a 
new Chapter 4 is introduced which sets the procedure of regulation of relations arising in 
connection with the preparation, conclusion, execution, change, termination of the CA in relation 
to the objects of heat supply, centralized hot water supply, cold water supply and (or) disposal 
systems, separate objects of such systems. The new Chapter reflects the following key provisions:  
 
  participation of the subject of the Russian Federation as a third party in the CA in case 
when powers to regulate tariff s in the heating supply sector, in the water supply sector and 
wastewater sector are not transferred to the municipality;  
  limitations for foreign legal entities in case there are no representative offices or branches 
of such person;  
  possibility for a con cession provider to convey the real property to the concessionaire the 
rights to which are not registered (water distribution networks, pumping stations, sewage 
networks, sewage pumping stations, heat networks);  
  possibility to transfer as a concession of enterprises with a significant amount of debt and 
impossibility to repay such debts at the expense of the funds of municipalities;  
  possibility of compensation by the subject of the Russian Federation participating in the CA 
to the concessionaire the reven ues which have not been received.  
 
Also for the purposes of enhancing business, reduction of costs and time limits for the preparation 
of project and the conduction of tendering procedures, the Federal Law "On concession 
agreements" provides a mechanism of  "private initiative" allowing the investor in case of its 
interest in the realization of the project to come with the initiative to conclude CA and implement 
an investment project.  
 
The corresponding form of proposal for the conclusion of a concession agr eement with a person 
taking the corresponding initiative has been approved by the Decree of the Government of the 
Russian Federation as of 31 March 2015 No. 300.  
 
1.2) The Federal Law of 13 July 2015 No. 224 -FZ "On state -private partnership, 
municipal -private partnership in the Russian Federation and on amendments to certain 
legislative acts of the Russian Federation" (hereinafter – Federal La w No. 224 -FZ) has 
been adopted  
 
The Federal Law No. 224 -FZ is aimed at the creation of conditions for the establish ment and 
modernization of objects of public infrastructure, namely, social, transport, communication 
infrastructure and power sector by private investors, in order to improve the quality of public 
services. The law establishes the rules and approaches to t he implementation of projects of public -
private (PPP) and municipal -private partnership (MPP) in the Russian Federation.  
 
The Federal Law No. 224 -FZ permits the emergence of the private ownership of the created or 
reconstructed objects of public infrastruc ture. At the same time, an investor is obliged to provide 
full or partial funding to create such infrastructure and the operation of the facility in accordance 
with its intended purpose which is registered as encumbrance of the object.  
 
Public legal entit ies and private investors – Russian legal persons are parties of projects of public -
private and municipal -private partnerships. At the same time, the projects can be implemented by 
federal, regional and municipal authorities. Also, in order to select the i nvestor, it is allowed to 
hold a joint contest by federal, regional and municipal public legal entities.  WT/TPR/M/345/Add.1  
 
- 55 - 
 
  Public party may participate in the project of PPP, MPP through direct co -financing while providing 
a subsidy for the implementation of the project or the state guarantee, as well as through the 
property involved including providing land, water, forest plots for the generated object.  
 
As for the interests of investors, the Federal Law No. 224 -FZ introduces a mechanism of 
guaranteeing the stability of the  basic parameters on the basis of which the decision on project 
implementation has been taken. For instance, in case of a change in macroeconomic conditions or 
legislation directly affecting the project (e.g. taxes, benefits, etc.), reasonable changes to t he 
agreement are made in terms of the volume of the co -financing of the project by public side and 
the timing for its implementation.  
 
The Federal Law provides for the selection of investors on a competitive basis completely settled in 
the law. At the sam e time, the alternative mechanism is prescribed when the investor can apply 
for the construction or the modernization  of the public infrastructure object based on its own 
initiative. In this case, the application is posted on the website : torgi.gov.ru  and if within 45  days 
another investor does not declare their interest in the project implementation, the agreement on 
state-private and municipal -private partnership is concluded with the initiator.  
 
The Federal Law No. 224 -FZ ha s entered into force on 1  January  2016.  
 
1.3) There are 13 regulations adopted regarding the development of the Federal Law No. 
224-FZ on public -private partnership (9 decisions of the Government of the Russian 
Federation, 4 orders of the Ministry of Econo mic D evelopment)  
These regulations regulate elaboration of PPP/MPP, procedure of their evaluation, procedures for 
tenders as well as procedure for control and monitoring of implementation of such agreements.  
 
1.4) The Federal Law of 3 July 2016 No. 360 -FZ "On the amendments to certain 
legislative acts of the Russian Federation" (enters into force from 15 July  2016) 
provides for the following in the framework of the am endments to the Federal Law 
No. 224-FZ: 
  addition of property complexes to the list of obje cts of the PPP, intended for the production 
of industrial products and (or) the implementation of other activities in the sphere of 
industry;  
  possibility to transfer to the private partner of the property, which is not included as part 
of the object ("the  other property");  
  possibility of a project financing by a consortium of banks;  
  possibility of operation of object by public side, in case if the maintenance of the facility is 
made by the private partner;  
  reduction of requirements to the investor when applying for the tender in terms of 
licenses;  
  twice reduction of the maximum duration of the evaluation of project effectiveness by the 
authority and determination of their comparative advantages – from 180 to 90 days;  
  clarification of transitional provi sions of the Federal Law No. 224 -FZ. Bringing regional laws 
into compliance with 224 -FZ has been deferred to 1  January  2025.  
 
2) the systemic measures aimed at developing PPP in th e regions  
2.1) Methodological support  
a)  In order to ensure timely compliance  with the requirements of the Federal Law of  
13 July 2015 No. 224 -FZ "On state -private partnership, municipal -private partnership in 
the Russian Federation and on amendments to certain legislative acts of the Russian 
Federation" and in order to continue th e effective work on the implementation of PPP 
projects, the Ministry of Economic Development of Russia sent to the constituent entities of 
the Russian Federation in 2016 the recommendations on bringing the regulatory legal acts 
of the constituent entities of the Russian Federation in accordance with the above -
mentioned Federal Law.  
b)  On behalf of the President of the Russian Federation, the Ministry of economic 
development of Russia jointly with the interested Federal executive authorities developed 
and sent  to the constituent entities of the Russian Federation the methodical 
recommendations on the implementation of public -private partnerships in August 2016.  WT/TPR/M/345/Add.1  
 
- 56 - 
 
  2.2) T he figure of the level of development of the PPP was included in the indicators of 
the efficie ncy esti mation of activity of governors  
The Decree of the Government of the Russian Federation No. 570 -R was published on 
10 April 2014 approving the list of indicators of the estimation of effectiveness of activity of heads 
of federal and regional executi ve authorities to create favorable conditions for business activity 
conduct (until 2018) and the methodology for the determination of the target values of indicators 
of the estimation of effectiveness of heads.  
 
The documents include indicator "the level o f development of PPP in the constituent entity of the 
Russian Federation".  
 
In December 2015 the indicator "The estimation of the level of development of mechanism of 
public -private partnership (PPP) in the subject of the Russian Federation" was included i n the 
national rating of investment climate in the subjects of the Russian Federation.  
 
The Ministry of Economic Development of the Russian Federation carries out activities aimed at 
supplementing State programmes of the Russian Federation and State progra mmes of the subjects 
of the Russian Federation by measures of PPP development in order to attract extra -budgetary 
funding to the development of public infrastructure.  
 
These measures together should help to attract capital and competence in the Russian 
infrastructure sectors, and will also ensure the active participation of the regions both in the 
application and the improvement of PPP mechanisms locally.  
 
WT/TPR/G/345 • Rusia; Informe de Rusia; 4 POLÍTICA COMERCIAL ; 4.8 Derechos de 
Propiedad I ntelectual  
Página 12, párrafo 4.49  
Desde el 1º de enero de  2008, la esfera de la propiedad intelectual está regulada en la Parte  IV del 
Código Civil de la Federación de Rusia. En lo que respecta a la protección y observancia de los 
derechos de propiedad intelectual, tr as la adhesión de Rusia a la OMC se adoptaron enmiendas a la 
Parte IV del Código Civil (Ley Federal No. 35-FZ, de 12 de marzo de  2014, por la que se modifican 
las Partes I, II y IV del Código Civil y determinados actos jurídicos normativos de la Federación  de 
Rusia), leyes federales de protección de los derechos de propiedad intelectual en Internet así como 
enmiendas de la Ley Federal sobre la reglamentación aduanera relativa a la protección en aduana 
de los derechos de propiedad intelectual (Ley Federal No. 73-FZ, de 6 de abril de  2015, por la que 
se modifica la Ley Federal sobre la Reglamentación Aduanera de la Federación de Rusia ). 
México pregunta 3 : ¿Podría Rusia decir cuáles son las enmiendas más relevantes que 
fueron adoptadas dentro de la Ley Federal "sobre aduanas Reglamento en la Federación 
de Rusia"?  
Answer  
The aim of the Federal law No. 73 -FZ dated 6 April 2015 is to simplify administrative procedures 
related to the inclusion/exclusion of intellectual property rights objects in/from the customs 
register of intellectual property rights objects.  
The fundamental changes introduced by the law are the following:  
  The establishment of the possibility to include the intellectual property rights objects in the 
customs register of intellectual property rig hts objects when the rightholder provides for 
the risk insurance of liability for damage in favor of the persons concerned (previously 
bank guarantee had been also required – this provision had been excluded due to the 
harmonization of national legislation  with the legislation of the EAEC in the field of 
intellectual property);  
  The cancellation of excessive penalties to the rightholder which had provided for an 
exclusion of intellectual property rights object from the customs registry of intellectual 
prope rty rights objects in case when the rightholder failed to take the measures to protect 
the rights to intellectual property rights objects within the period when the release of these 
goods were suspended by customs authorities.  WT/TPR/M/345/Add.1  
 
- 57 - 
 
  WT/TPR/G/345 • Rusia; Informe  de Rusia; 4 POLÍTICA COMERCIAL ; 4.8 Der echos de 
Propiedad Intelectual  
Página 12, párrafo 4.50  
Las disposiciones de la Ley Federal No. 187-FZ, de 3 de julio de  2013, por la que se modifican 
determinados actos jurídicos normativos de la Federación de Rusia sobre la protección de los 
derechos de propiedad intelectual en las redes de información y telecomunicaciones, y la Ley 
Federal N o. 364-FZ, de 24 de noviembre de  2014, por la que se modifica la Ley Federal sobre 
información, tecnologías de la información y  protección de la información, y el Código Procesal Civil 
de la Federación de Rusia constituyen la legislación antipiratería, que establece tanto un 
mecanismo judicial para limitar el acceso a objetos protegidos por el derecho de autor y derechos 
conexos p ublicados ilícitamente en Internet (salvo obras fotográficas) como un mecanismo 
extrajudicial para limitar el acceso a contenidos.  
México pregunta 4 : De acuerdo a la Ley Federal No . 187- FZ ¿Por qué no se protege el 
derecho de autor de los trabajos fotográ ficos publicados ilegalmente en Internet?   
Answer  
In accordance with the legislation of the Russian Federation photos are recognized as the object of 
copyright and accordingly the right holder has the right to protect its rights to the work with all the 
means established by laws. In the course of elaboration of "anti -piracy laws" (Federal Law 
No. 187-FZ and FZ No. 364-FZ) it was decided not to apply the judicial mechanism of cessation of 
infringements on the Internet in relation to photography works as it i s difficult to prove the rights 
to this work. However, the rightgolder is provided for the ability to block access to such content 
extrajudicially, and by the means established by the general provisions on the protection of 
personal non -property and exclus ive rights.  
WT/TPR/G/345 • Rusia; Informe de Rusia; 4 POLÍTICA COMERCIAL ; 4.8 Der echos de 
Propiedad Intelectual  
Página 12, párrafo 4.56  
Además, las disposiciones relativas a la competencia desleal del capítulo 2.1 de la Ley Federal No. 
135-FZ, de 26 de jul io de 2006, sobre Protección de la Competencia fueron armonizadas con la 
práctica judicial y administrativa global y en ellas se incorporaron prohibiciones de distintas formas 
de utilización ilícita de derechos de propiedad intelectual. Se reconocieron com o competencia 
desleal los siguientes actos: […]  
- utilización ilícita de los resultados de actividades intelectuales (artículo 14.5 de la Ley 
Federal); […]  
 
México pregu nta 5:  ¿A qué se refiere Rusia con las palabras "utilización ilícita de los 
resultados de actividades intelectuales (artículo 14.5 de la Ley Federal)"?  
 
Answer  
The Article 14.5 of the Law on protection of competition prohibits unfair competition, achieved by 
actions on selling, exchange or other ways of implementation of the product, if the  results of 
intellectual activity were illegally used.  
 
In according with the Civil Code of the Russian Federation, a person, who is not a patent holder, 
has a right to use patented invention, utility model or industrial sample, only by the consent of the 
patent holder (basing on license agreement). Therefore, the utilization can be considered legal 
(sanctioned) only in case of presence of consent of the rights holder on the corresponding object 
to use the exclusive rights on this object, which is duly form alized. The formalization of such alike 
sanction demands registration of corresponding agreement, without which the agreement is 
considered invalid.  
 
The corpus delicti for the objectives of this article forms utilization of patented invention, utility 
model or industrial design, for manufacturing any of products and its following implementation, 
without the consent of the rights holder.  
 
 WT/TPR/M/345/Add.1  
 
- 58 - 
 
  WT/TPR/G/345 • Rusia; Informe de Rusia; 5 INTEGRACIÓN ECONÓMICA REGIONAL; 5.1 
Establecimiento de la Unión Económica Eur oasiática  
Página 14, párrafo 5.3  
A partir de la entrada en vigor del Tratado de la Unión Económica Euroasiática, Rusia perdió su 
derecho a concluir de forma unilateral con terceros países acuerdos comerciales regionales sobre 
el comercio de mercancías. Por  consiguiente, el libre comercio de mercancías con un tercer país 
solo puede conseguirse sobre la base de un acuerdo de libre comercio entre la Unión Económica 
Euroasiática y ese tercer país. Al mismo tiempo, Rusia puede seguir concluyendo autónomamente 
acuerdos regionales de comercio en la esfera de los servicios.  
México pregunta 6: ¿Podría explicar Rusia la razón por la cual se da un trato diferente a 
bienes y servicios en la negociación de acuerdos comerciales regionales? Es decir, ¿Por 
qué para bienes s ólo se pueden negociar dichos acuerdos a nivel de la Unión Económica 
Euroasiática mientras que para servicios los puede negociar Rusia de manera individual?  
Answer  
According to the provisions of Treaty on the Eurasian Economic Union some competences 
(inclu ding establishment of import tariffs) were transferred to the supranational competence while 
the rest were kept at the national level by the EAEU member States. Hence they continue to 
determine their foreign trade policy regarding trade in services, establ ishment, activity and the 
investments with third states. Thus , Russia can still autonomously conclude RTAs on trade in 
services.  
WT/TPR/G/345 • Rusia; Informe de Rusia; 5 INTEGRACIÓN ECONÓMICA REGIONAL; 5.1 
Establecimiento de l a Unión Económica Euroasiátic a 
Página 14, párrafo 5.5  
El desarrollo del marco jurídico de Unión Económica Euroasiática y la intensificación de la 
integración económica entre sus Estados Miembros son prioridades fundamentales de la política 
comercial de Rusia.  
México pregunta 7 : ¿Podrí a Rusia indicar qué iniciativas tiene sobre otras materias del 
comercio internacional (como por ejemplo comercio de servicios, medidas comerciales 
correctivas, obstáculos técnicos al comercio, medidas sanitarias y fitosanitarias, etc.) 
para intensificar su  integración económica con los otros Estados Miembros de la Unión 
Económica Euroasiática, y explicar en qué consisten dichas iniciativas?  
Answer  
The Eurasian Economic Union is dynamically developing international organization. We constantly 
discuss possibi lities of improvement of regulation in various areas. Thus the Federal Customs 
Service of the Russian Federation is actively promoting and implementing paperless technology 
through the "Single window" mechanism. It is designated for moving paper -based proc esses to 
electronic ones wherein the electronic document submitted to one governmental agency becomes 
available to all interested stakeholders. Therefore it aims at reducing the interaction with the 
governmental authorities to the one -entry submission of t he documentation in an electronic form.  
Russia is also a developer of several technical regulations of the EAEU focused on the 
establishment of single requirements to products and unified assessment procedures of 
compliance. The approved 35 regulations alr eady cover about 75% of products in turnover.  
There are many other examples of Russian initiatives in the EAEU, which are reflected at the 
Unions Internet site.  
Pregunta 8 : WT/TPR/G/345 • Rusia; Informe de Rusia; 5 INTEGRACIÓN ECONÓMICA 
REGIONAL; 5.3 Acuer do de Libre Comercio con la República Socialista de Viet  Nam  
Página 15, párrafo 5.9  
Además de participar en procesos dinámicos de integración dentro de la CEI, Rusia ha seguido 
también desempeñando un papel activo en los procesos globales de integración ec onómica 
regional y en la conclusión de acuerdos de libre comercio de nueva generación. Así pues, el 29 de WT/TPR/M/345/Add.1  
 
- 59 - 
 
  mayo de  2015 se firmó un acuerdo de libre comercio entre la Unión Económica Euroasiática y sus 
Estados Miembros, por una parte, y la República Sociali sta de Viet  Nam, por otra.  
México pregunta 8: ¿Podría Rusia describir las principales características y contenido de 
los acuerdos de libre comercio de "nueva generación" en los que pretende participar?  
Answer  
The provisions of new RTAs will cover not only usual elimination of customs duties and other 
restrictions on trade of but also may extend to IPR issues, competition, electronic technologies in 
trade, government procurement, sustainable development etc.  
 
Informe de la Secr etaría de la OMC (WT/TPR/S/445)  
 
WT/TPR/S/345 • Rusia; Informe de la Secretaría; 3 POLÍTICAS Y PRÁCTICAS 
COMERCIALES POR MEDIDA; 3.1 Medidas que Afectan Directamente las Importaciones; 
3.1 Medidas que Afectan Directamente las Importaciones; 3.1.4 Aranceles; 3. 1.4.3 
Aranceles preferencia les 
 
Página 56, párrafo 3.37  
La Federación de Rusia aplica desde  1992 un esquema del Sistema Generalizado de Preferencias a 
las importaciones procedentes de los países en desarrollo y los países menos adelantados. Este 
esquema ha sido objeto de varias revi siones. La legislación que regula actualmente el esquema 
SGP es el Protocolo relativo al Sistema Común de Preferencias Arancelarias de la Unión Aduanera, 
de 12 de diciembre de  2008, que entró en vigor el 1º de enero de  2010. La Federación de Rusia y 
otros miembros de la UEEA otorgan acceso preferencial a  103 países en desarrollo y a 48 países 
menos adelantados (sección 2.4.3).6 
 
México pregunta 9 : ¿Podría Rusia explicar qué procedimiento deben seguir los 
exportadores de un país beneficiario de su esquema de  Sistema Generalizado de 
Preferencias para que las autoridades competentes de Rusia reconozcan la validez de las 
firmas, sellos y nombres de los funcionarios del país beneficiario autorizados para 
validar certificados de origen?  
 
Answer  
Under the section V III "Administrative collaboration" of the Agreement on rules of origin of goods 
originating in developing and least developed countries of 25 January 2008 the country -
beneficiaries of the Common System of Tariff Preferences shall submit to the Eurasian Eco nomic 
Commission information about the names, addresses and legible specimen impressions of stamps 
of the bodies authorized to certify the origin of the goods. If the country -beneficiary fails to submit 
such information the goods will be levied customs dut ies on MFN basis.  
 
WT/TPR/S/345 • Rusia; Informe de la Secretaría; 3 POLÍTICAS Y PRÁCTICAS 
COMERCIALES POR MEDIDA; 3.1 Medidas que Afectan Directamente las Importaciones; 
3.1.8 Normas y otras prescripciones técnicas; 3.1.8.1 Normas y pres cripciones técnic as 
de la UEEA  
 
Páginas 64 y 65, párrafo 3.59  
Tratado por el que se establece la Unión Económica Euroasiática (UEEA) y la legislación nacional 
constituyen el marco jurídico de las normas, los reglamentos técnicos y los sistemas de evaluación 
de la conformid ad en la Federación de Rusia. El Organismo Federal de Reglamentación Técnica y 
Metrología, dependiente del Ministerio de Industria y Comercio, es el organismo nacional 
encargado de las normas en la Federación de Rusia, representa a la Federación en organiz aciones 
de normalización internacionales y regionales, como la Organización Internacional de 
Normalización (ISO) o la Comisión Electrotécnica Internacional (CEI), y es observador en el 
Instituto Europeo de Normas de Telecomunicaciones (ETSI). El Centro cie ntífico -técnico ruso de 
información sobre normalización, metrología y evaluación de la conformidad (FGUP 
Standartinform) es el servicio nacional de información en el marco del Acuerdo sobre Obstáculos 
Técnicos al Comercio de la OMC (Acuerdo OTC).7 
 
                                                
6 UNCTAD (2015).  
7 Documento G/TBT/2/Add.109 de la OMC, de 11 de octubre de  2012.  WT/TPR/M/345/Add.1  
 
- 60 - 
 
  México pregunta 10 : ¿Cuáles son los beneficios que obtiene Rusia como observador en el 
Instituto Europeo de Normas de Telecomunicaciones (ETSI)?  
 
Answer  
Benchmark companies as well as scientific institutes in the field of communications, including 
Radio research and development institute and Central radio research institute of communications, 
participate in ETSI.  
 
México pregunta 11:  ¿Rusia tiene acceso a esas normas (o estándares)?  
 
Answer  
Mentioned companies and institutes have access to the ETSI standards.  
 
México pregunta 12:  De ser el caso, ¿Rusia utiliza esas normas (o estándares) como una 
base para la elaboración de reglamentos técnicos o normas en el ámbito de las 
telecomunicaciones?   
 
Answer  
In its activities Minsvyaz lean on ETSI standards inter alia.  
 
WT/TPR/S/345 • Rusia; Informe de la Secretaría; 3 POLÍTICAS Y PRÁCTICAS 
COMERCIALES POR MEDIDA; 3.1 Medidas que Afectan Directamente las Importaciones; 
3.1.8 Normas y otras prescripciones técnicas; 3.1.8.1 Normas y pres cripciones técnicas 
de la UEEA  
 
Página 66, párrafo 3.66. Desde la adhesión de la Federación de Rusia a la OMC no ha habido 
cambios en los procedimientos de aceptación de los resultados de las pruebas realizadas en el 
extranjero, o de los resultados de las inspecciones y los certificados expedid os en países no 
miembros de la UEEA, y no se han concertado acuerdos sobre reconocimiento mutuo.8 
 
México pregunta 13 : ¿Existen acuerdos de reconocimiento mutuo que Rusia esté 
negociando actualmente?  
 
Answer  
The Russian Federation does not conduct negotia tions on mutual recognition agreements.  
 
México pregunta 14 : ¿En qué términos Rusia acepta la equivalencia de reglamentos 
técnicos emitidos por países que no son miembros de la Unión Económica Euroasiática 
(UEEA)?  
 
Answer  
Draft Agreement on the elimination  of technical barriers is under developing in the EAEU. The 
recognition of equivalence of technical regulations will be possible after the entry into force of 
mentioned Agreement.  
 
WT/TPR/S/345 • Rusia; Informe de la Secretaría; 3 POLÍTICAS Y PRÁCTICAS 
COMERCIALES POR MEDIDA; 3.1 Medidas que Afectan Directamente las Importaciones; 
3.1.8 Normas y otras prescripciones técnicas; 3.1.8.1 Normas y pres cripciones técnicas 
de la UEEA  
 
Página 66, párrafo 3.67  
En el artículo 54 del Tratado de la UEEA se pide que se armonicen las normas y criterios de 
acreditación con las normas internacionales, velando al mismo tiempo por la objetividad, 
imparcialidad y competencia de las instituciones de acreditación de los Estados miembros. Los 
organismos acreditados para la evalua ción de la conformidad (organismos de certificación y 
laboratorios de ensayo) se enumeran en el Registro Unificado de Organismos de Evaluación de la 
Conformidad de la UEEA.9 De conformidad con el Tratado de la UEEA, los organismos de 
acreditación de los Es tados miembros de la UEEA deben ser independientes y no competir 
                                                
8 Documento WT/ACC/RUS/70 de la OMC, de 17 de noviembre de  2011, párrafos 773 -813. 
9 Información en línea de la Comisión Económica Euroasiática, consultada en: 
http://www.eurasiancommission.org/ ru/docs/Pages/IL_OS.aspx  [abril de 2016].  WT/TPR/M/345/Add.1  
 
- 61 - 
 
  mutuamente. Las solicitudes de acreditación como organismo de evaluación de la conformidad 
deben presentarse al organismo de acreditación del Estado miembro de la UEEA en el que el 
solicitant e este registrado como entidad jurídica.10 
 
México pregunta 15:  ¿Cuál es la razón principal por la cual se excluyen aquéllos 
organismos de acreditación ubicados en territorios de los Estados miembros de la UEEA 
de la posibilidad para acreditar a otro organi smo de certificación que ha sido registrado 
en el territorio de otro Estado miembro de la UEEA?  
 
Answer  
The accreditation body of one member -state of the EAEU should not compete with the 
accreditation bodies of other member -states of the EAEU (para 3 of Ar ticle 54 of the Treaty on the 
EAEU). A conformity assessment certification  body must apply  for accreditation  to the accreditation 
body of the member state in whose territory it is registered as a legal entity to prevent 
competition on the accreditation  bodies of member states of the EAEU.  
If the accreditation body of the member state of the EAEU, the territory of which the conformity 
assessment certification  body registered, does not carry out accreditation in the required area, it is 
allowed to request acc reditation in accreditation body of other member state of the EAEU.  
 
México pregunta 16:  ¿Existen otros acuerdos o arreglos multilaterales de acreditación 
reconocidos por los Estados miembros de la UEEA, como el Foro Internacional de 
Acreditación ( "Interna tional Accreditation  Forum" ) (http://www.iaf.nu/ )? 
 
Answer  
The Russian Federation participates in the International Accreditation Forum (IAF), the 
International Laboratory Accreditation Cooperation (ILAC), the Asia Pacific  Laboratory 
Accreditation Cooperation (APLAC), Pacific Accreditation Cooperation (PAC).  
 
WT/TPR/S/345 • Rusia; Informe de la Secretaría; 3 POLÍTICAS Y PRÁCTICAS 
COMERCIALES POR MEDIDA; 3.1 Medidas que Afectan Directamente las Importaciones; 
3.1.9 Prescripc iones Sanitarias y Fitosanitarias  
 
Página 73, párrafo 3.83  
Los importadores y los países que exportan a la Federación de Rusia pueden consultar en el sitio 
Web oficial del Rosselkhoznadzor información sobre las prescripciones de importación aplicables a 
determinados productos.11 La lista de países y establecimientos autorizados a efectos de la 
importación de productos en la Federación de Rusia también se publica en ese sitio Web. Los 
proyectos de reglamentos técnicos y otros documentos de la Comisión Económi ca Euroasiática se 
pueden consultar en el sitio Web de la Comisión.12 El registro de los productos sujetos a inscripción 
en el registro estatal se puede consultar en el sitio Web oficial del Rospotrebnadzor.13 
México pregunta 17 : ¿Dicha información se encuen tra disponible en inglés?  
 
Answer  
Rosselkhoznadzor, Rospotrebnadzor and the E urasian Economic Commission web sites are available 
in English by the following links, where interested Members can find all pertinent information  at:  
http://www.fsvps.ru/fsvps/main.html?_language=en ;  
http://www.rospotrebnadzor.ru/en/ ;  
http://www. eurasiancommission.org/en/Pages/default.aspx . 
 
Unfortunately, not all in formation provided on these web sites are translated in English, the 
competence of the Eurasian Economic Commission does not include translation possibilities of its 
legal acts or its drafts. Meanwhi le the Rosselkhoznadzor web site contains approved list (in English) 
of countries and establishments which could export its products to the territory of the Russian 
Federation.  
 
                                                
10 Párrafo 3 del artículo 54 del Tratado de la UEEA.  
11Consultado en: http://www.fsvps.ru  [abril de  2016].  
12 Consultado en: http://www.eurasia ncommission.org/en/Pages/default.aspx  [abril de  2016].  
13 Consultado en: http://rospotrebnadzor.ru/deyatelnost/informatics  [abril de  2016].  WT/TPR/M/345/Add.1  
 
- 62 - 
 
  WT/TPR/S/345 • Rusia; Informe de la Secretaría; 3 POLÍTICAS Y P RÁCTICAS 
COMERCIALES POR MEDIDA; 3.1 Medidas que Afectan Directamente las Importaciones; 
3.1.9 Prescripcion es Sanitarias y Fitosanitarias  
 
Página 73, párrafo 3.85  
Con arreglo a la Decisión No. 317 de la Comisión de la Unión Aduanera, de 18 de junio de  2010, 
sobre las prescripciones veterinarias y sanitarias aplicables a los productos sujetos a control 
veterinario, la importación en la UEEA de productos regulados procedentes de terceros países está 
autorizada para las empresas exportadoras inscritas en el re gistro de organizaciones y particulares 
que realizan actividades de producción, transformación y/o almacenamiento de productos sujetos 
a control veterinario. Los procedimientos de inclusión en la lista de empresas y particulares 
autorizados se establecen e n la Decisión No. 94 del Consejo de la UEEA, de 9 de octubre de  2014, 
sobre la reglamentación del sistema común de inspección conjunta y muestreo de mercancías 
(productos) sujetas a control (vigilancia) veterinario. Cuando el sistema de vigilancia de un te rcer 
país haya superado una auditoría para determinar su equivalencia con el de la UEEA, los 
establecimientos que figuran en la lista facilitada por las autoridades de dicho país pueden 
inscribirse en el registro de la UEEA. Si no se ha realizado o conclui do dicha auditoría, o si, como 
resultado de ella no se ha reconocido que el tercer país ofrece un nivel equivalente de protección, 
el establecimiento podrá ser inscrito en el registro sobre la base de inspecciones conjuntas o de 
garantías de la autoridad c ompetente del tercer país. Entre 2013 y finales de  2015, se aprobó la 
inscripción de 1.233 empresas en el registro.  
México pregunta 18 : ¿Existe un mecanismo de regulación interno que permita evaluar 
actualmente el cumplimiento cabal de la Decisión No. 317 del 18 de junio de 2010, que 
permita confirmar los mecanismos a los terceros países?  
Answer  
Monitoring within the territory of the Russian Federation for the application of CCU Decision 
No. 317 is carried out by Rosselkhoznadzor both for internal and impor t issues. The procedure for 
supervisory activities within Russian, EAEU and third countries establishments is regulated by the 
EAEU Commission Decision No . 94 (Annex 3).  
WT/TPR/S/345 • Rusia; Informe de la Secretaría; 3 POLÍTICAS Y PRÁCTICAS 
COMERCIALES PO R MEDIDA; 3.2 Medidas que Afectan Directamente las Exportaciones; 
3.2.4 Financiación, seguro y garantías de las exportaciones  
 
Página 78, párrafo 3.103  
El Gobierno federal y las autoridades a nivel subfederal facilitan fondos públicos para apoyar a las 
empresas rusas que desean comenzar a exportar o incrementar sus exportaciones. Las 
autoridades ejecutivas de los sujetos de la Federación de Rusia compiten anualmente para obtener 
cofinanciación del Gobierno federal para sus respectivos programas de apoyo a l as pymes, que 
pueden tener un componente de ayuda a las exportaciones.14 Si bien los tipos de ayuda y los 
criterios de admisibilidad aplicados en el marco de los programas a nivel subfederal no son 
uniformes, el Ministerio de Desarrollo Económico estima que  la mayoría de las autoridades 
regionales tienden a prestar ayuda a los exportadores residentes otorgando donaciones o 
subvencionando el pago de los intereses de los préstamos relacionados con la exportación. Las 
autoridades federales no recopilan estadíst icas sobre los fondos desembolsados para apoyar las 
exportaciones a nivel subfederal  
 
México pregunta 19 : ¿Podría Rusia indicar si tiene contemplado implementar algún 
mecanismo de monitoreo al respecto de (1) la existencia y características de las 
subvenci ones (o subsidios) otorgados a nivel sub -federal  y (2)  al respecto de los montos 
y condiciones en las que se reembolsaron estos apoyos?  
Answer  
In accordance with the Resolution of the Government of the Russia n Federation No . 316 of 
15 April 2014 MED monito rs the fulfillment of sub -federal obligations regarding co -financing of 
                                                
14 Hasta el 95% de los compromisos de gastos contraíd os por los sujetos de la Federación de Rusia 
pueden financiarse con cargo a fondos del presupuesto federal en el marco de programas de apoyo a las 
pymes. En 2016 la cuantía de los fondos asignados con cargo al presupuesto federal para prestar apoyo a las 
pymes, incluida la ayuda a l as exportaciones, asciende a 11. 000 millones de rublos.  WT/TPR/M/345/Add.1  
 
- 63 - 
 
  their SME support program mes. For this purpose MED specifies procedures, list of documents, 
form and period of submission of the respective report.  
In accordance with Article 25 of the  Agreement on Subsidies and Countervailing Measures the 
Russian Federation provides its notifications of subsidies. Such notifications include those subsidies 
which are granted at the sub -federal level. The latest notification is available in the 
document  G/SCM/N/284/RUS.  
 
WT/TPR/S/345 • Rusia; Informe de la Secretaría; 3 POLÍTICAS Y PRÁCTICAS 
COMERCIALES POR MEDIDA; 3.3 Medidas que Afectan a la Producción y al Comer cio; 
3.3.5 Contratación Pública  
Página 103, párrafo 3.175  
La Federación de Rusia no es part e en el Acuerdo sobre Contratación Pública (ACP) de la  OMC. Al 
adherirse a la OMC en agosto de  2012, la Federación de Rusia convino en iniciar negociaciones 
para su adhesión al ACP en un plazo de cuatro años. El 29 de mayo de  2013, se reconoció a la 
Federa ción de Rusia la condición de observador en el Comité de Contratación Pública, y las 
autoridades de Rusia han indicado que la negociación podría iniciarse oficialmente en el segundo 
semestre de  2016.  
México pregunta 20 : Con base en lo mencionado, ¿cuáles s on los motivos por los cuales 
la Federación de Rusia aún no es Miembro del Acuerdo (plurilateral) sobre Contratación 
Pública (ACP) de la Organización Mundial del Comercio?  
Answer  
We would like to note that the Russian contract system has undergone signific ant changes since 
the Russian accession to the WTO. Within these four years, the legal base for government 
procurement has been significantly improved. Today the Russian contract system is based on the 
principles of openness, transparency of information ab out procurement procedures, competition, 
professionalism, encourage innovation, effectiveness of procurement, etc. Moreover in the recent 
time there were adopted additional changes concerning such mechanism as procurement 
rationing, procurement planning pr ocedures, public discussion of large procurement, monitoring of 
procurements, audit of procurements, applying of professional standards in procurement system.  
Thus, we can state that now the development of the Russian contract system advances 
developments in other GPA Parties. Therefore Russia will make decision to be the Party of the GPA 
based on benefits for national economy and producers. In addition, we would like to inform that 
the Russian Federation has circulated the communication, dated 19 August 20 16, to initiate the 
negotiations on the accession to the GPA.  
WT/TPR/S/345 • Rusia; Informe de la Secretaría; 3 POLÍTICAS Y PRÁCTICAS 
COMERCIALES POR MEDIDA; 3.3 Medidas que Afectan a la Producción y al Comercio; 
3.3.6 Derechos de Propiedad Intelectual; 3. 3.6.4 Derech os de autor y derechos conexos  
Página 117, párrafo 3.222  
La Federación de Rusia ha emprendido una serie de reformas en la legislación sobre el derecho de 
autor, en particular la sustitución de la Ley Nº 5351 -1, de 9 de julio de  1993, por los ca pítulos 70 
y 71 de la Parte IV del Código Civil, que aunque mantiene básicamente la misma legislación 
sustantiva, la amplía y aclara para reforzar la protección del derecho de autor . 
México pregunta 21 : ¿De qué forma se reforzó la protección de derechos de  autor dentro 
de la legislación?  
Answer  
Part IV of the Civil Code of the Russian Federation is effective from 1 January 2008, and the main 
purpose of its adoption was the necessity to codify the legal acts in the field of intellectual property 
that were i n force at that moment (including the Federal Law No. 5351-1 from 9 July 1993), in one 
single act. Thus, the legal regulation of intellectual property rights had been uniformed in the 
Russian  legislation. In 2008 with the adoption of the Civil Code the aut hors' rights to the results of 
intellectual activity or to the means of individualization, the ways of disposal of their rights had 
been regulated in more detail, also the issues of protection of related rights had been regulated 
and the provisions on liab ility for infringement of related rights had been introduced.  WT/TPR/M/345/Add.1  
 
- 64 - 
 
  Recent amendments to the Civil Code were introduced in 2014. The main amendments provide for 
the establishment of the possibility for the right holder to provide the user with an open license to  
use the work (similar to Creative Commons), and provisions aimed at facilitating the perception of 
the work by disabled persons.  
WT/TPR/S/345 • Rusia; Informe de la Secretaría; 3 POLÍTICAS Y PRÁCTICAS 
COMERCIALES POR MEDIDA; 3.3 Medidas que Afectan a la P roducción y al Comercio; 
3.3.6 Derechos de Propiedad Intelectual; 3.3.6.4 Derech os de autor y derechos conexos  
Página 117, párrafo 3.226  
La protección del derecho de autor se extiende al resto de la vida del autor y 70 años después de 
su muerte (artículo 1 281), lo que amplía en 20 años el plazo que establecía la Ley de Derecho de 
Autor de  1993. La duración de la protección de las bases de datos es de 15 años desde que finaliza 
la creación de una base de datos y puede renovarse previa solicitud (artículo 133 5). 
México pregunta 22 : De acuerdo al artículo 1335 de la Ley de Derecho de Autor de 1993, 
¿en qué casos y qué requisitos se necesitan para poder solicitar la renovación de la base 
de datos de los derechos de autor?  
Answer  
In accordance with Article 1335 o f the Civil Code of the Russian Federation the only condition for 
renewal of the term for protection of rights of creator of database is update of such database. If 
the database is updated in the course of the term of protection of rights of its creator, s uch creator 
may file to the Federal Service for Intellectual Property of the Russian Federation (Rospatent) an 
application containing information on the date of the database's update. In this case the term of 
protection of such database must be renewed for  a period of fifteen years from its update and the 
respective amendments must be made to the register of databases.  
WT/TPR/S/345 • Rusia; Informe de la Secretaría; 3 POLÍTICAS Y PRÁCTICAS 
COMERCIALES POR MEDIDA; 3.3 Medidas que Afectan a la Producción y al  Comercio; 
3.3.6 Derechos de Propiedad Intelectual; 3.3.6.4 Derec hos de autor y derechos conexos  
Página 118, párrafo 3.232  
El Código Civil contiene una disposición concreta sobre gestión colectiva del derecho de autor, que 
establece que una organización de  gestión colectiva puede obtener un permiso oficial para 
gestionar derechos de autor y derechos conexos exclusivos sin autorización expresa del titular del 
derecho, mientras que el titular de un derecho de autor tiene el derecho en cualquier momento de 
rechazar la gestión de sus derechos por esa organización (artículo 1244). Esta disposición fue 
cuestionada por Miembros de la OMC en el proceso de adhesión de la Federación de Rusia y en el 
posterior examen de las leyes nacionales sobre propiedad intelectual por el Consejo de los 
ADPIC.15 
México pregunta 23 : De acuerdo con lo mencionado en este párrafo ¿Podría Rusia 
explicar en qué casos se ha implementado la disposición de la gestión colectiva del 
derecho de autor?   
Answer  
The Civil Code (Article 1244) highlig hts the cases that involve massive use of objects of copyright 
and related rights (i.e. in cafes, restaurants, on TV, radio). The system of organizations on 
collective management of rights that existed before the Part IV of the Civil Code came into force i n 
2008, had shown the inefficiency of the rightholders interests protection if their interests would be 
represented by several competing organizations. Thus, in 2008 the Civil Code (Article 1244) 
defined the areas of the massive use of objects of copyright  and related rights, where organization 
on collective management should obtain state accreditation (issued by the competent authority — 
the Ministry of Culture of the Russian Federation). Article 1244 establishes 6 areas were 
organization on collective man agement could obtain the accreditation:  
  managing the exclusive rights to published musical works (with or without a text) and 
segments of dramatic -musical works in respect of the public performance thereof, 
broadcast or cable transmission, including re -transmission;  
                                                
15 Documentos WT/ACC/RUS/70 -WT/MIN(11)/2 (párrafos 1213 a 1219) e IP/C/W/588, de la OMC.  WT/TPR/M/345/Add.1  
 
- 65 - 
 
    exercising the rights of the authors of the musical works (with or without a text) used in 
an audiovisual work to receive a fee for the public performance or broadcast or cable 
transmission, including re -transmission, of such audiovisual wor k; 
  managing the artist's resale right in respect of artistic works, and also the author's 
manuscripts (autographs) of  literary and musical works;  
  exercising the rights of the authors, performers and manufacturers of sound record ings 
and audiovisual works to receive a fee for the reproduction/playback of the sound 
recordings and audiovisual works for personal purposes;  
  exercising the rights of performers to receive a fee for a public performance, and also for a 
broadcast or cabl e transmission of sound recordings that are published for commercial 
purposes;  
  exercising the rights of manufacturers of sound recordings to receive a fee for a public 
performance and also for a broadcast or cable transmission of sound recordings publishe d 
for commercial purposes.  
 WT/TPR/M/345/Add.1  
 
- 66 - 
 
  9  QUESTIONS FROM CHINA   
Part I. Questions based on Report by the Secretariat (WT/TPR/S/345)  
 
Page 8, Para 2  
The Russian authorities are taking steps to improve corporate governance and privatize SOEs in 
order to increase overall productivity, competition and efficiency.  
 
Question 1  
Will those measures have positive impact on foreign workers working in Russia? Will 
those measures facilitate foreign employees to g et work v isa in the future?  
 
Question 2  
Please provide more details on  the measures and specific schedule to improve corporate 
governance.  
 
Answers to 1 and 2  
From 2011 to present, the Ministry of Economic Development of Russia together with the Federal 
Agency for State Property Management (Rosimuschestvo), the Government E xpert Council of the 
Russian Federation  and sectoral federal executive authorities have carried out the systematic work 
aimed at the development of mechanisms, the improvement of quality, the development and the 
introduction of unified approaches and stand ards in the field of corporate governance in companies 
with the state participation (JSC).  
 
The results of the work are the following:  
  the introduction of the Institute of professional directors (PD) to JSC,  
  the development and implementation of the Cor porate Governance Code to the parts of 
JSC, 
  the development and implementation of strategies and lo ng-term development 
programmes, key indicators of the effectiveness of activities of JSC,  
  the development and implementation of programmes for the realiza tion of non -core 
assets,  
  the development and implementation of other internal documents of JSC, aimed at the 
improvement of the quality and the effectiveness of corporate  governance in state 
companies allowing potential investors to evaluate from their s ide the assets offered to 
privatization.  
 
Concerning the attraction of PD to JSC  it should be noted a positive dynamics regarding the 
increase of their presence in the management bodies of JSC compared to the reduction on the 
number of state companies tha t are in federal ownership.  
 
In the framework of the implementation of the Corporate Governance Code, the particular 
attention is paid to the shareholders rights and to the equality of conditions for shareholders in 
exercising of their rights. Companies a ctively refine their internal documents and regulations 
regarding this issue. This measure contributes to the protection of interests of shareholders 
including foreign investors.  
 
In relation to the development and implementation of programmes of sale of n on-core assets of 
JSC it should be noted that despite the implementation of non -core assets of JSC starting from 
2011, the similar work in respect of subsidiaries of state companies is required from 2017. The 
implementation of non -core assets helps to attr act financial resources for the execution of long -
term development programme of JSC.  
 
For the purpose of the development of HR potential, the work on the introduction of professional 
standards for employees is under way in JSC that will be mandatory qualif ication requirements 
necessary for the employee to perform a specific job function.  
 
Besides, the structure of the annual report of a company that provides more detailed information 
about the activity of JSC  to a potential investor has been refined during 2015.  
 
Also, noteworthy is the increase in dividend payments which is a positive signal to foreign 
investors.  WT/TPR/M/345/Add.1  
 
- 67 - 
 
  It should be separately noted that such above -mentioned measures on corporate governance do 
not touch upon questions related to obtaining visa.  
 
Question  3 
Does Russia allow foreign enterprises to participate in the privatization of SOEs? If so, 
are there any limitations or investment protection measures for foreign enterprises?  
 
Answer  
The participation of foreign persons in the privatization of t he state property is not prohibited by 
the legislation of the Russian Federation on privatization, and it is determined only based on the 
interest of foreign persons in the particular investments. At the same time, the relations connected 
with the implemen tation of investments by the foreign investors or a group of persons in the form 
of the acquisition of shares (stakes) constituting the charter capital of the economic societies 
having strategic importance for the ensuring of the defence  of the country and  the security of the 
state are regulated by law  
 
Page 8, Para 4  
Incentives provided under the industrial policy take many forms, including direct grants to 
infrastructure, tax breaks, and preferences in government procurement contracts.  
 
Question 4  
Please  provide details on incentive measures for the service industry and trade in 
services involved in this industrial policy.  
 
Answer  
Industrial policy as provided for by the Federal Law No. 488 -FZ of 31 December 2014 "On the 
industrial policy in the Russian Federation" has the following purposes:  
1.  creation and development of modern industrial infrastructure, infrastructure of the 
facilitation of activities in the industrial sector;  
2.  creation of competitive environment for activities in the industrial sector;  
3.  encouragement of the subjects of activity in the industrial sector to implement the results 
of the intellectual activity and production of innovative industrial products;  
4.  encouragement of the subjects of activity in the industrial sector to utilize the m aterial, 
financial, labour and natural resources efficiently and effectively, to provide for the 
increase in labour productivity, introduction of import -substitutable, resource -saving and 
ecologically safe technologies;  
5.  increase in high value -added output ; 
6.  support for technological modernization of the subjects of activity in the industrial sector, 
modernization of the basic production assets;  
7.  reduction of the risk of the technogenic emergency situations on the facilities of industrial 
infrastructure;  
8.  ensuring technological independence of the national economy.  
 
There are no specific incentive measures for the service industry and trade in services envisaged 
by the mentioned industrial policy.  
 
Page 8, Para5  
The Russian authorities acknowledge the need t o accelerate economic reforms and aim at 
enhancing competition in goods and services markets, improving property rights, and revamping 
transport and telecommunications infrastructure to improve the business climate and boost 
investment.  
 
Question 5  
What m easures have been or will be taken by Russian authorities to promote the 
development of the service industry and export of services?  
 
Answer  
Regulations related to the improvement of business climate in the Russian Federation do not 
provide for separate c onditions in respect of goods and services. Detailed information on the latest 
measures introduced in the Russian Federation with the purpose to improve foreign investment 
environment is described in Russia's answer to question 18 of China.  
 WT/TPR/M/345/Add.1  
 
- 68 - 
 
  Page9, Para 9  
In addition, the EEC is working on developing the basis for a single window mechanism including 
streamlining and harmonizing customs formalities. A unified information platform, Seaport Portal, 
is being implemented as an electronic single window for handli ng and customs processing of cargo 
at Russian seaports.  
 
Question 6  
What impact will the single window mechanism have on the problem that Russian 
custom clearance formalities for automobile import follow different standards and vary 
from person to person?   
 
Answer  
The implementation of single window mechanism will not affect the application of regular customs 
control measures based on customs risk management. The actual system of risk control 
management is to identify low risk foreign trade participants un der general customs control and to 
reduce considerably the administrative pressure on such category of participants focusing more on 
the customs control after the release of goods.  Clearance formalities will depend on various 
elements. Traders which supply  parts for car assembly on the basis of long term contracts may be 
subject to different formalities as compared to one -time importers.  
 
Page 9, Para 9  
Foreign investment, technology transfer, and innovation are considered by the Russian authorities 
as crit ical to the economic modernization of the country. In this context, high -tech parks, industrial 
clusters and special economic zones (SEZs) are being promoted through special tax and 
infrastructure incentives, available to both local and foreign investors. Some investment privileges 
are also granted in the context of the Auto Investment Programme and agreements concluded 
under this programme. The Russian Federation has confirmed that it will eliminate the WTO -
inconsistent measures applied under the Auto Inve stment Programme by 1 July 2018.  
 
Question 7  
What promotion effects have been achieved by the Auto Investment Programme  and its 
sub-agreements?  
 
Answer  
The promotion effects of the Auto Investment Programme are positive. The implementation of the 
program me ensures the inflow of foreign capital into the automotive industry of the Russian 
Federation, establishment of new modern manufacturing facilities, adoption of new technologies. 
For more vivid illustration of the positive effects it should be noted that  the world leading 
automotive corporations established their manufacturing facilities in the territory of the Russian 
Federation.  
 
Question  
What investment privileges are granted? What are the WTO -inconsistent measures 
included in Auto Investment Programme ?  
 
Answer  
Auto Investment Programme and investment regime are described in para. 1072 – 1085 of the 
Report of the Working Party on the Accession of the Russian Federation to the World Trade 
Organization. The Russian Federation would like to note that the investment measures applied 
under the Auto Investment Programme cannot be considered as WTO -inconsistent because, as it 
follows from para. 1090 of the Report, the WTO Members agreed on the period (until 1 July 2018) 
in which these measure can be applied.  
 
Question 8  
Has Russia put on its agenda elimination of relevant incentive measures? Are there any 
similar preferential policies for the import of parts by auto corporations not using a 
certain proportion of local products?  
 
Answer  
As for incentive measure s provided by the Auto Investment Programme, they are to be eliminated 
by 1 July 2018, as it is provided for in para. 1090 of the Report of the Working Party on the 
Accession of the Russian Federation to the World Trade Organization.  WT/TPR/M/345/Add.1  
 
- 69 - 
 
  Except for the Auto In vestment Programme the Russian Federation does not provide any policies 
in automotive sector which requires using a certain proportion of local products.  
 
Page 9, Para13   
The Russian Federation has ten regional trade agreements in force encompassing 12 par tners: 
Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyz Republic, Republic of Moldova, Serbia, 
Tajikistan, Turkmenistan, Ukraine, and Uzbekistan. In 2014, merchandise trade (exports and 
imports) with RTA partners accounted for 12.2% of the Russian  Federation's total trade. In the 
EAEU customs union, there are no tariffs or other border measures on trade among members of 
the EAEU. At end -June 2015, EAEU members were providing preferential access to 103 developing 
countries and 48 least developed cou ntries. About 24% of all tariff lines are covered by the GSP 
scheme. For these tariff lines, developing countries qualify for a 25% discount on the MFN rate and 
least-developed countries qualify for duty -free access.  
 
Question 9  
What tariff regulations do  various countries concluding the RTAs have on auto 
commodities?  
 
Answer  
Treaty on the Free Trade Area between members of the Commonwealth of Independent States 
(FTA CIS) stipulates that Members don't apply customs duties on vehicles and its parts, origin ating 
within FTA CIS. There are no tariffs on trade on auto commodities among Russia and Azerbaijan, 
Georgia, Tajikistan, Turkmenistan and Uzbekistan. Passenger cars and tractors are subject to the 
duties at MFN rates when imported from Serbia.  
 
Page 10, P ara 17  
The Russian Federation has not harmonized VAT and excise tax regimes with the other EAEU 
partners. While intra -EAEU trade is duty -free, and hence outside customs control, it remains 
subject to VAT and excise taxes. In the Russian Federation, excise taxes are identical for imports 
and domestically -produced goods and may be levied on specific, ad valorem or compound bases, 
depending on the good. Excise taxes are levied on beer, wine and spirits; tobacco and tobacco 
products; petroleum products; and mot or vehicles. Typically, the rates are revised annually. VAT is 
applied at a standard rate of 18% although a reduced rate of 10% applies to certain items, 
including basic foodstuffs. Some supplies, including exports, are zero -rated and are thus eligible 
for VAT refund on inputs, while VAT exemptions apply for social assistance and economic 
development objectives.  
 
Question 10  
Are there any plans to reduce the franchise tax for automobile products?  
 
Answer  
The Russian Federation does not have any plans to ch ange VAT or excise taxes. The Russian 
Federation does not have any franchise tax in its tax system.  
 
Page 10, Para 20  
At the federal level, the state corporation Vnesheconombank (VEB) is involved in export support 
both directly and through its specialized subsidiaries, including Eximbank of Russia, the Export 
Insurance Agency of Russia, and the Russian Export Centre. The latter was set up in 2015 as a 
single window for financial and non -financial support to Russian exporters. A former VEB 
subsidiary, the Ru ssian Direct Investment Fund, may also make equity investments in medium -
sized, non -energy companies with export potential. According to the authorities, these entities do 
not follow uniform directives on minimum Russian content and sectoral or geographica l priorities in 
export support.  
 
Question11  
What kinds of export support are provided by Vnesheconombank (VEB) directly or through its 
specialized subsidiaries? What policies are involved? Is investment supported as well?  
 
Answer  
The main export faciliti es provided by VEB, EXIAR and the Eximbank of Russia are 
described in Table 3.22 of the Report of the Secretariat.  WT/TPR/M/345/Add.1  
 
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  The Russian Export Center JSC provides non -financial support to the Russian companies that are 
looking forward to export.  
 
Page 10, Para  20 
In the Russian Federation, legal and institutional reforms intended to boost exports have largely 
been framed by the Support for Exports and Access to Foreign Markets road map and the 
Government programme on Development of Foreign Economic Activity (2013 -2018), which had 
been devised as part of a broader initiative to modernize the Russian economy and to improve the 
investment climate.  
 
Question 12  
What specific measures for supporting service export or affecting service import are 
included in the Support f or Exports and Access to Foreign Markets road map and the 
Government programme on Development of Foreign Economic Activity (2013 -2018)?  
 
Answer  
Government programme on Development of Foreign Economic Activity aimed at the following:  
- bilateral, regional an d multilateral economic cooperation of the Russian 
Federation with foreign countries;  
- development of economic integration within the Eurasian Economic Union;  
- development of institutions and mechanisms for the development of foreign 
economic activity;  
- devel opment of customs activities, customs and logistics infrastructure and the 
system of customs administration.  
Support for Exports and Access to Foreign Markets road map contains activities aimed at 
promotion of non -resource exports.  
Specific measures for su pporting service export or affecting service import are not addressed in 
the abovementioned road map and government programme.  
 
Page 10, Para  21 
Public funds in support to Russian businesses seeking to launch or increase export sales are made 
available at both the federal and sub -federal levels of government.  
 
Question 13  
Do public funds provide support to the development of service industry or service 
export? If so, please elaborate.  
 
Answer  
National Welfare Funds (NWF funds) are aimed, in particular, at  the financing of self -sustaining 
infrastructure projects on repayable basis, the list of which is approved by the Decree of the 
Government of the Russian Federation of 5 November 2013 No. 2044 -R "On the approval of the 
list of the self -sustaining infrastr ucture projects implemented by legal persons, in financial assets 
of which the funds from the National welfare fund and (or) pension savings under trust 
management of the state management company are placed on a return basis."  
The criteria of project selec tion are the following:  
  the Russian issuers connected with the implementation of self -sustaining 
infrastructure projects should have a long -term credit rating no lower than "BB+" on 
the classification of the rating agencies "Fitch -Ratings" or "Standard & Poor's" or no 
lower than "Ba1" on the classification of the rating agency "Moody's Investors 
Service";  
  the proportion of the Fund's assets may not exceed 40% of the total amount of 
financing of the investment project based on all sources;  
  the involvement  of own funds or the commercial loan in the amount of no less than 
15 % of the total cost of the investment project;  
  the return of the funds of NWF is made at the rate "inflation + 1%" with the period 
of up to 30 years and the possibility of grace period of payments on the provided 
funds.  WT/TPR/M/345/Add.1  
 
- 71 - 
 
  The advantages for the investor are the following:  
  the possibility to raise funds at an attractive interest rate;  
  the attraction of the long -term capital for the implementation of the investment 
project;  
  the ability to  attract the significant volume of funding.  
 
NWF funds do not envisage specific measures for the development of service industry or service 
export.  
Page 10, Para  23 
Various tax incentives are available at both the federal and sub -federal levels in the Russ ian 
Federation.  
 
Question 14  
What service departments are involved in Russian tax incentives? Are there any tax 
incentives for promoting service export from specific areas or sectors? If so, please 
provide details.  
 
Answer  
At the Federal level, tax incen tives can be established only by the Tax code.  
At the regional level – by regulatory acts of constituent entities of the Russian Federation . 
At the local level – by normative legal acts of municipalities . 
The Russian legislation does not contain such conce pts as "export of services". Thus at the 
legislative level there are no benefits that stimulate the export of services from certain areas.  
 
Page 11, Para 25   
The Russian competition regime has been improved over the period under review with a view to 
enabl ing the Federal Antimonopoly Service of Russia (FAS) to focus on serious violations of the law 
On the Protection of Competition.  
 
Question 15  
Please give more details on the legislation background of Federal Antimonopoly Service 
of Russia (FAS) and how it  focuses on serious violations of the law On the Protection of 
Competition.  
 
Answer  
FAS Russia is an independent public authority that directly subordinates to the Government.  
FAS Russia operates in each of the 85 subjects of the Russian Federation.  
The k ey functions of FAS:  
• Protection of competition and anti -monopoly regulation;  
• Control over public procurement;  
• Control over natural monopolies;  
• Control over the distribution on a competitive basis of ownership, resources, rights;  
• Control over anti -competiti ve actions of the public authorities;  
 
Tariff regulation  
FAS Russia is a "full cycle" antimonopoly control authority . 
• Considers applications;  
• Investigates cases;  
• Makes decisions;  
• Imposes fines;  
• Monitors the implementation of decisions;  
• Defends decisions in  courts.  
 
Roadmap on the "Promotion of competition and the improvement of antimonopoly policy" was 
adopted by the Government of the Russian Federation in December 2012.  
(Directive of the Government of the Russian Federation of 28  December 2012 No. 2579-p) 
Provides a systematic approach to the development of competition:  
 Competition development is considered as a priority of the executive authorities;  
 Best practices in competition development are implemented in the subjects of the Russian 
Federation;  
 Reducin g the share of public sector in the economy;  WT/TPR/M/345/Add.1  
 
- 72 - 
 
   Developing competition in infrastructure sectors;  
 Enhancing competition in procurement;  
 Simplifying business activity within the antimonopoly regulation;  
 Increasing the level of consumer protection.  
 
Improvement  of the legislation  
Objectives:  
 Focusing on violations and transactions that have a significant impact on competition;  
 Reducing administrative burden on business;  
 Reducing the burden on the antimonopoly authorities and improving the quality of work;  
 Improv ing the system of sanctions for violating the antitrust laws;  
 Reducing state involvement in the economy.  
 
Reduction of administrative constraints on business  
From January 2012:  
• Thresholds for determining the need for prior approval of mergers and acquisiti ons have 
been doubled;  
• Possibility of creating a commercial organization without prior approval if its equity capital 
is paid for by the financial institution;  
• Prior approval is required if the property contributing to the equity capital of the newly 
estab lished organization represents the main production assets (except for land and 
buildings of nonindustrial purpose), and if the authorized capital is paid for by the 
intangible assets of ano ther commercial organization;  
 
From December 2013:  
• Notification of transactions – is excluded ; 
 
From January 2016:   
• Registry of economic entities with market share of 35% will be cancelled;  
• The scope of application of the Law on Protection of Competition for private trading 
companies will be narrowed.  
 
Improving the sanct ions' system:  
• Since March 2015 - criminal liability for cartels only;  
• Synchronized leniency program in administrative and criminal proceedings;  
• Since January 2016 – introduction of disqualification for public officials with no alternative.  
 
July 2013 - the OECD Competition Committee established that the competition policy of Russia 
complies with the OECD standards . 
 
More information about history and structure of the FAS Ru ssia can be found on the web site at: 
http://en.fa s.gov.ru . 
 
Question 16  
Is there any schedule in mitigating the monopoly position of state -owned automobile 
enterprises in Russia?  
 
Answer  
There no current plans on such mitigating measures in  automobile sector.  
 
Page 22, Para 1.27  
When investing in the R ussian Federation, the key concerns of foreign investors include 
corruption25, transparency, rule of law, tax rates and complexity of tax regulations, access to 
financing, and respect for property rights.  
 
Question 17  
In terms of investment access, does Ru ssia provide market access limitations in some 
specific industries in the form of negative list or foreign equity ratio limitation? If so, 
please explain it.  
 WT/TPR/M/345/Add.1  
 
- 73 - 
 
  Answer  
Negative MA/NT scheduling format is used by the Russian Side in respect of establishment a nd 
activities in its FTAs where respective limitations are inscribed in individual lists of reservations 
(Treaty on the Eurasian Economic Union (signed on 29 May 2014), Free Trade Agreement between 
the Eurasian Economic Union and its Member States, on the one side, and the Socialist Republic of 
Viet Nam, on the ot her side (signed on 29 May 2015 ). Foreign equity ratio limitations are included 
in such lists of reservations, where applicable and necessary.  
 
Question 18  
Please specify detailed effects of the me asures taken on improving Russia's foreign 
investment environment?  
 
Answer  
At the moment, we have developed some instruments intended to assist investors. One of them 
are public -private partnership (PPP) projects.  
 
In the Russian Federation, PPP projects are regulated by Federal Law No. 115 -FZ "Concerning 
Concession Agreements" and Federal Law No. 224 -FZ "Concerning the Public -private Partnership in 
the Russian Federation and Amending Certain Acts of the Russian Federation" that became 
effective on 1 Janua ry 2016.  
 
The key positive effects of our continuously improved legislation in this area include the following:  
 
Raising private investments in low margin projects by introducing a mechanism providing for the 
concessor paying to the concessionaire for the  entire list of concession facilities.  
 
Opening up possibilities for intensifying business, reducing expenses and time required to prepare 
a project and conduct tender procedures by providing private investors with an opportunity to 
enter into concession a greements on their own initiative . 
 
Raising attractiveness of small bank projects by conducting a single tender for facilities located in 
the territory of more than one public legal institution . 
 
Safeguarding return on investments in heat and water supply systems by making respe ctive 
amendments to legislation.  
 
Allowing for possibility to pass newly constructed or reconstructed public infrastructure facilities 
into private ownership . 
 
Another new instrument envisaged by the Russia's industrial policy is the  special investment 
contract (SPIC).  
 
Using this mechanism will enable to harmonize relationship between investors and the state and 
provide investors with access to state support mechanisms.  
 
SPIC is available to any company involved in transferring state -of-the-art technologies into 
industry and interested in localizing technological processes.  
 
The investor who has signed a SPIC and will carry out an investment project in Russia is 
guaranteed to be provided with state initiatives throughout the term of t he contract (up to 10 
years).  
 
Currently, special emphasis is placed on protecting investors.  
 
To address issues faced by entrepreneurs, including those related to illegal actions committed 
against them, in 2012 the Business Ombudsman, who is especially em powered to protect 
entrepreneurs' interests in dealing with the state authorities, was appointed.  
 
In addition, we are working on liberalizing criminal legislation on entrepreneurial activities. For 
example, we are considering amending legislation to raise  the loss threshold for criminal charges, 
and providing broader opportunities to avoid criminal prosecution for first -time offenders who have 
repaired the damage and paid the respective fine.  WT/TPR/M/345/Add.1  
 
- 74 - 
 
  To create favorable conditions for investments and encourage op ening of new non -commodity 
productions, including export -oriented, we have created the special advanced development zones 
(ADZ).  
 
The functioning of ADZs is regulated by Federal Law No. 473 -FZ of 29 December 2014 "On 
Advanced Development Zones in the Russi an Federation."  
The key idea of ADZs is to create favorable working conditions for residents as compared to similar 
development zones in other countries.  
 
These conditions include, but are not limited to, establishing a special legal regime for 
entrepreneu rial activities, e.g.:  
• tax exemptions  
• lower insurance contribution rates  
• preferred access to infrastructure facilities  
• lower real estate rent rates available to ADZ residents  
• free customs zone  
• etc. 
 
In addition, legislation provides for certain measures for accelerated construction and development 
of ADZ infrastructure.  
 
First, legislation provides for a specific urban planning procedure related to the construction of 
infrastructure facilities in the ADZs, including the simplified procedure for preparing and approving 
ADZ planning documents.  
 
Second, legislation provides for a specific procedure for conducting the environmental impact 
assessment of the design documentation of facilities required to build the ADZ infrastructure – 
within 45 days, which is th e shortest term possible.  
 
Third, legislation provides for a specific procedure for taking away, reserving, and providing land 
plots and (or) immovable properties located on these land plots for placing ADZ infrastructure 
facilities.  
 
Fourth, legislation p rovides for a specific procedure for creating easements over land plots meant 
for locating and using facilities required to build the ADZ infrastructure. The Federal Law set out 
the purposes of, as well as the procedure, grounds, and shortened timeframe fo r creating 
easements without conducting public consultations.  
 
Finally, fifth, legislation provides for a specific procedure for the use of forests to locate ADZ 
infrastructure facilities allowing for selective and clear cutting of forest areas (except in instances 
stipulated by the Forestry Code of the Russian Federation and other Russian laws).  
 
We estimate that over 10 years th e ADZs will attract more than Rub  600 bn in private investments 
in the Russian Far East alone and will generate not less than 37, 000 new jobs.  
 
Page 24, Para 1.29  
Structural bottlenecks and adverse population dynamics are affecting potential growth, hence the 
need to accelerate economic reforms. The Russian authorities acknowledge this and aim at 
enhancing competition in goods and s ervices markets, improving property rights, and revamping 
transport infrastructure to improve the business climate and boost investment. They also see 
pension reforms as important to increase the labour force.  
 
Question 19  
The Chinese Government appreciate s the efforts of Russia to raise the potential 
economic growth rate through structural reform, and this will help stabilize the basis for 
consolidating economic growth and accelerate the cultivation of new independent 
growth impetus. Have Russia developed any specific plan for economic structural 
reform? What's the overall consideration?  
 
Answer  
In March 2016, the Government approved the Governmental Action Plan implementing measures 
aimed at ensuring sustainable social and economic development in 2016. It s strategic emphases WT/TPR/M/345/Add.1  
 
- 75 - 
 
  are the following: maintaining the standard of living and the well -being of citizens at the pre -crisis 
level, meeting in full the State's social obligations, diversification of economy achieved through 
structural economic reforms and c reation of an environment conducive to sustainable economic 
growth in the medium term.  
 
The planned measures focus on prevention of irreversible crisis phenomena influence in allied 
industries (automotive industry, housing construction, light industry) and  of particular importance 
food security and social stability (agriculture and pharmaceuticals).  
 
Entrepreneurial initiative should become the principal driver for structural reforms to implement a 
new model of economic development. The measures adopted by the plan are aimed at improving 
the business environment, small and medium business support, improving the legal and regulatory 
framework, and support of domestic entrepreneurship and non -primary exports.  
 
The realization of the mentioned plan is aimed at support of various sectors of economy and 
population.  
 
Question 20  
If Russia has prepared the relevant plan, please introduce the main tasks and expected 
timeframe of this reform.  
 
Answer  
As indicated in Russia's response to question 19, the planned measu res focus on prevention of 
irreversible crisis phenomena influence in allied industries (automotive industry, housing 
construction, light industry) and of particular importance of food security and social stability 
(agriculture and pharmaceuticals).  
 
Page 22, Para 2.13  
The hierarchy of legal instruments in the Russian Federation is as follows, from highest to lowest: 
(a) the Constitution; (b) federal constitutional laws; (c) federal laws; (d) decrees and resolutions 
of the President of the Russian Federatio n and resolutions and orders of the Government of the 
Russian Federation; and (e) acts of federal executive authorities.  
 
Question 21  
Is there an official publication or website established or designated to publish trade -
related legal instruments?  
 
Answer   
In accordance with the Decree of the President of the Russian Federation No. 763 of 23 May 1996 
"On the procedure for the publication and the entry into force of the acts of the President of the 
Russian Federation, the Government of the Russian Federatio n and the normative legal acts of the 
federal executive bodies " (as amended on 14 October 2014) the decrees and orders of the 
President of the Russian Federation (hereinafter referred to as acts of the President), and the 
decisions and orders of the Govern ment of the Russian Federation (hereinafter referred to as the 
acts of the Government) are subject to obligatory official publication, except only acts or certain 
provisions thereof containing information that constitutes a State secret or information of a  
confidential character.  
 
The acts of the President of the Russian Federation and the acts of the Government of the Russian 
Federation must be officially published within 10 days from the day of their signing in the 
"Rossiyskaya Gazeta ", Collection of Legi slation of the Russian Federation ("Sobraniye 
Zakonodatelstva Rossiyskoy Federatsii") and on the official Internet gateway of legal information  
at: www.pravo.gov.ru . 
 
Official publication is also permitted through the dist ribution of the texts of the acts of the 
President of the Russian Federation and the acts of the Government of the Russian Federation in 
electronic form by the federal state unitary enterprise "Legal -Information Scientific -and-Technical 
Centre "System" of the Federal Guard Service of the Russian Federation, and also by the bodies of 
state guard.  
 
In accordance with the Federal L aw No. 5-FZ of 14 June 1994 " Оn the procedure for the publishing 
and entry into force federal constitutional laws, federal laws, a cts passed by the chambers of the WT/TPR/M/345/Add.1  
 
- 76 - 
 
  federal assembly " (as amended on 25 December 2012) the official publication of a federal 
constitutional law, federal law, an act of a chamber of the Federal Assembly shall be deemed the 
first publication of the full text t hereof in the Parliamentary Gazette, Russian Gazette, Collection of 
the Legislation of the Russian Federation or the first insertion (publication) thereof in the Official 
Internet Portal of Legal Information  at: www.pravo.g ov.ru. 
 
Question  
Are public opinions solicited during the drafting of legal instruments?  
Can foreign investors make comments on the drafts of legal instruments?  
 
Answer  
Under the following acts of the Government of the Russian Federation No. 851 of 25 August  2012 
"On the procedure for disclosure by federal executive bodies of information on preparation of 
drafts of regulatory legal acts and results of their public discussion " and "On the procedure for 
carrying out by federal executive bodies of the asse ssment of regulating impact of drafts of 
regulatory legal acts, drafts of amendments to drafts of the federal laws and drafts of decisions of  
the Eurasian Economic C ommission  No. 1318 of 17 December  2012 (as amended on 
21 October  2015), and modification of  certain acts of the Government of the Russian Federation " 
there is no restriction in force in respect of the origin of the investors for a possibility to make 
comments and provide opinions on the draft legal acts.  
 
In accordance with the Resolution of th e Government of the Russian Federation of 25 August 2012 
No. 851 the information on the preparation of the draft regulatory legal acts and the results of and 
results of their public discussion shal l be placed on the official web site. The procedures which a re 
enacted by the said act also contain certain exceptions to the types of draft legal acts ( related to 
information that constitutes a State secret or information of a confidential character).  
 
Page 35, Para 2. 36 
This legal framework seeks to guarantee eq ual rights for foreign and local investors in the Russian 
Federation. Exemptions of a restrictive nature for foreign investors may be applied only to the 
extent that they are necessary for the protection of the Russian Constitution, morality, health, 
rights and lawful interests of other persons, and for national defence and state security reasons. 
Exemptions in the form of incentives for foreign investors may be applied with a view to promoting 
the socio -economic development of the Russian Federation.  
 
Question 22  
Please introduce the specific scenarios where restrictive measures are imposed on 
foreign investors.  
 
Answer  
Restrictions on foreign investments may be imposed, for example, in cases when during the 
examination of transaction entailing the imposi tion of control over juridical persons of strategic 
importance for the national defence  and the security the Government Commission for Control over 
Foreign Investments in the Russian Federation will reveal factual threats to the state security and 
national  defence of the Russian Federation in case of realization of such foreign investors' 
transactions (in accordance with Federal Law No. 57 -FZ of 29 April 2008 "On Foreign Investments 
in Business Companies of Strategic Importance for the National Defence  and Securing of the 
State") . 
 
Page 36, Para 2.38  
Law No. 57 -FZ of 29 April 2008 On the Order of Investing by Foreign Persons in Companies Having 
Strategic Importance for Ensuring the Defence of the Country and the Security of the State (as 
amended) provides fo r a special regime for foreign investors wishing to participate in certain 
economic activities of strategic importance for the Russian Federation. At present, Article 6 of Law 
No. 57 -FZ provides for 45 types of activities having strategic importance for na tional defence and 
state security (the law originally specified 42). These 45 strategic activities can be divided into the 
following categories . 
 
Question  23  
According to our understanding, among the 45 strategic  activities listed in 
Paragraph  2.38, the  maximum equity ratio of general foreign investors is 50% in Russia. 
If the foreign equity ratio is no higher than 25%, no approval is needed from the WT/TPR/M/345/Add.1  
 
- 77 - 
 
  government departments. While if the foreign equity ratio ranges between 25% and 
50%, an approval upon exam ination by the Council of Government is required.  
If the foreign investor is a stated -owned enterprise controlled by foreign governments, 
the allowable investment equity ratio is only 5%. The investment with a foreign equity 
ratio between 5% and 25% shall  be reviewed by a special interagency council. 
Generally, foreign state -owned enterprises are not allowed by law to obtain more than 
25% of the equity of a strategic energy enterprise.  
 
1. Please explain whether companies controlled by foreign governments  refer to state -
owned enterprise.  
 
Answer  
In accordance with Law No. 57 -FZ every company which is directly or indirectly controlled by a 
foreign state is considered as a foreign investor controlled by a foreign state.  
 
2. Please explain the special polici es concerning state -owned enterprises contained in 
Russian policies for foreign investors in the oil -gas industry and the standards for 
approval adopted by the Council of Government.  
 
Answer  
Transactions by foreign investors controlled by a foreign state to purchase more than 5 percent of 
shares(stock) of an enterprise that exploits subsurface areas with federal status must be 
preliminary approved by the Commission in accordance with the procedure set in Law No. 57 -FZ. 
Foreign investors controlled by forei gn state can acquire from 25 to 50% minus 1 share of shares 
(stock) of an enterprise which exploits subsurface areas with federal status only if the Russian 
Federation owns more than 50 percent of shares (stock) in that enterprise.  
 
3. With a view to makin g the oil -gas industry in Russia more attractive for foreign 
investors, especially for continental shelf, Arctic Circle and other offshore -gas blocks 
(projects), will Russia consider adopting more liberalized foreign investment policies, 
including relaxing  the equity ratio limit of 50% and implementing more preferential 
fiscal and taxation policies for different blocks.  
 
Answer  
In 2015, the Federal Law No. 121-FZ of 2 May 201516 was adopted which granted the subsoil 
users, who obtained licenses for producti on of hydrocarbons before the Law No.  58-FZ of 
29 April 200817 entered into force,  with the right to exploit subsoil plots in the water areas of the 
Baltic Sea.  
 
At present public discussions are taking place, however there are no legislative proposals to adopt 
and/or amend the Law No.  57-FZ applied to foreign investments and/or investments.  
 
Page 38, Para 2.49  
The Russian Federation has signed 80 investment promotion and protection agreements (IPPAs), 
and has concluded double taxation agreements (DTAs) wit h 66 countries. In respect of investors 
and their investments, the IPPAs contain, inter alia , provisions on national treatment and MFN 
treatment with exemptions; guarantees in case of expropriation and rules for compensation of 
losses; free transfer of rev enues and profits; and dispute settlement procedures.  
 
Question 24  
Please explain under what circumstances expropriation will take place and introduce the 
recent expropriation cases.  
 
                                                
16 Federal Law of 2 May 2015 No.  121-FZ "On the Amendments to Certain Legislative A cts of the 
Russian Federation and Invalidation of Certain Provisions of the Legislative Acts of the Russian Federation 
pursuant to Adoption pursuant to Adoption of the Federal Law "On procedures for Making Foreign Investments  
in the Business entities of St rategic Importance for Ensuring the Country’s National Defence and State 
Security"" . 
17 Federal Law of 29 April 2008 No. 58 -FZ "On the Amendments to Certain Legislative Acts of the 
Russian Federation and Declaring Invalid Certain Provisions of Legislative A cts of the Russian Federation 
pursuant to Adoption of the Federal Law "On procedures for Making Foreign Investments  in the Business 
entities of Strategic Importance for Ensuring the Country’s National Defence and State Security"".  WT/TPR/M/345/Add.1  
 
- 78 - 
 
  Answer  
In accordance with the Federal Law No. 160 -FZ "On Foreign Invest ment in the Russian Federation" 
as of 9 July 1999, the property of a foreign investor or a juridical person with foreign investments 
could not be subject to forced seizure, including nationalization, or requisition, except for the cases 
and reasons determi ned by the federal law or international agreement of the Russian Federation.  
 
In accordance with the signed by the Russian Federation IPPAs expropriation can be carried out 
only for a public purpose; in a non -discriminatory manner; on payment of prompt, a dequate and 
effective compensation.  
 
The recent case of withdrawal of property in the Russian Federation was related to the 
construction of roads and laying utilities in the new land plots of Moscow as a result of the 
adoption o f the Federal Law No. 43 -FZ of 5 April 2013 "On the regulatory specifics of certain legal 
relations due to the accession of areas to Moscow, the constituent entity of the Russian Federation, 
namely, the federally significant city and on the amendments to certain legislative acts of t he 
Russian Federation".  
 
The present Federal Law regulates the relations arising due to the accession in 1 July 2012 of 
areas to the federally significant city of Moscow in accordance with the Decree of the Federation 
Council of the Federal Assembly of the  Russian Federation of 27 December 2011 No. 560 -SF "On 
the approval in the change of the boundary between the constituent entities of the Russian 
Federation, namely, the federally significant city of Moscow and Moscow district".  
 
43-FZ provides, in particu lar, conditions and the procedure of withdrawal for federal needs of land 
plots and (or) other objects of real estate property for the allocation of federally significant objects 
and regionally significant objects on the added areas that ensure the fulfill ment of matters of State 
importance in the field of the development of engineering, transport and social infrastructures, 
other matters of State importance as well as the procedure for the compensation of the 
corresponding losses.  
 
Page 38, Para 2.51  
The m ost common forms of business legal entities in the Russian Federation are the following: 
limited liability companies (LLCs), with minimum capital requirement of R ub 10,000, and joint -
stock companies (JSCs), which are further divided into public joint -stock companies (PJSCs) and 
non-public joint -stock companies (NPJCs).  
 
Question  25 
According to the Russia's GmbH -Gesetz , the minimum registered capital for a company 
is only R ub 10,000, which is too low and a good faith supervision mechanism is often 
absent. Russian companies usually choose bankruptcy directly if there is major dispute, 
and as a result, foreign companies find it difficult to secure their benefits. Will Russia 
take steps to im prove such business environment ?  
 
Answer  
The minimum registered char ter capital requirement of R ub 10,000 according to the provisions of 
the Russian legislation is applied only to the limited liability company. At the same time, the 
requirements for the creation procedure (including the necessary amount of the charter capi tal), 
reorganization and liquidation of limited liability companies in the sphere of banking, insurance, 
private security and investment activities as well as in the field of the production of agricultural 
products, mortgage agencies and specialized compan ies are determined by separate specialized 
federal laws of the Russian Federation.  
 
Also, the relations connected with the conclusion by foreign investors or group of person which 
includes the foreign investor of transactions with shares constituting the c harter capital of limited 
liability company having strategic importance for national defence of the country and state security 
and the control establishment over such companies by foreign investors or group of persons which 
includes such foreign investor a re regulated in accordance with the provisions of the Federal Law 
"On the procedure for making foreign investments in companies which are of strategic importance 
for ensuring the count ry's defence and state security" . 
 
All limited liability companies are subject to state registration. From the moment of the registration 
of the company and if there is a permission or a licence on the conduct of the corresponding type WT/TPR/M/345/Add.1  
 
- 79 - 
 
  of activity, such company should conduct the activity in accordance with the Russian legisla tion 
and, thus, the provisions of the Russian legislation concerning not only supervision and control, 
but also the taxation from the corresponding state authorities will be applied to it. Thus, the full 
control is done for the activity of limited liabilit y companies  by the State.  
 
As for the possibility of the insolvency (bankruptcy)  of the company  it should be noted that such 
procedure exists in all countries of the world and it is one of the elements of the liquidation of a 
company. In addition, accordin g to the Russian legislation, such company in case of its bankruptcy 
will have to be responsible for its debts and liabilities to foreign investors as well. It should be 
particularly noted that the loss of profit of foreign investors does not depend only o n the 
insolvency of the company. There are other economic factors influencing this situation, both 
internal (market environment) and external ones.  
 
Page 40, Para 2.59  
Foreign exchange transactions are regulated by the Central Bank of Russia (CBR) and the 
Government of the Russian Federation under Law No. 173 -FZ of 10 December 2003 On Currency 
Regulation and Currency Control. A transaction passport is required for export and import 
clearance in order to carry out foreign exchange control between residents a nd non -residents. A 
transaction passport is required for foreign trade contracts (agreements) or credit agreements 
between residents (excluding individuals) and non -residents that stipulates foreign exchange 
operations in the form of settlements and transf ers through the accounts of the resident in 
authorized banks and/or through accounts in a non -resident bank. A transaction passport is issued 
by an authorized bank for each contract (credit agreement) equal or exceeding US$50,000 at the 
official CBR's exch ange rate.  
 
Question26  
In foreign trade, the administrative restrictions on receipt or payment of foreign 
exchanges have to some extend limited import and export. Please clarify the details 
concerning the policies for the transaction passport, and also for  the black list relating 
to foreign exchanges. How can foreign companies easily find and confirm whether their 
counterparts are listed in the black list or not?  
 
Answer  
The transaction passport (TP) has the standardized format which reflects the general co nditions of 
foreign trade contracts. TP is issued and maintained by the authorized banks on the basis of 
foreign trade contract submitted by the resident to the authorized bank. An authorized Bank issues 
for each TP the statement which reflects the executi on in monetary form (calculations) and other 
(non-monetary) performance of obligations under the contract. TP is used by the currency control 
authorities (the Bank of Russia, Federal Tax Service of Russia, Federal Customs Service of Russia) 
in order to obt ain the information about the currency transactions conducted by residents with 
non-residents under these contracts, and it is also used for the compilation of the balance of 
payments of the Russian Federation and also for the purpose of monitoring of fore ign currency 
operations by residents, tax payments and customs fees.  
 
The information obtained under the contracts, on which TP is formed is used by credit institutions 
and the Bank of Russia to identify the conduction of transactions by residents for whi ch there is a 
suspicion that they are connected with the legalization (laundering) of proceeds from crime or 
terrorism financing. In the event of such suspicions, the Bank of Russia brings to the attention of 
credit institutions the information about the r esidents that conduct operations that need special 
attention. This information is not public and it is not disclosed to third parties, it is used by credit 
institutions to implement the internal control.  
 
Page 42, Para 3.12  
In 2015, the Russian Federation was ranked 170th out of 189 economies in terms of trading across 
borders with 10 documents, and 96 hours needed for importing and a cost of US$1,125.  
 
Question 27  
Does Russia have plans to simplify cross -border trade procedures and reduce import 
charges? If so, could Russia share the specific content and timetable of the plan?  
 WT/TPR/M/345/Add.1  
 
- 80 - 
 
  Answer  
For the purpose of improving the investment environment and creating conditions favorable to run 
a business in Russia the Federal Customs Services actively undertakes measure s to decrease the 
number of documents submitted by foreign activity participants for the transportation of goods 
through the EAEU customs borders. Specific activities have already been undertaken within the 
framework of the road maps under the Government D ecree 1125 -p of 29 June,2012 
"Enhancement of customs administration". The following number of documents required for 
submission by the declarant upon the importation was set: goods declaration; invoice; transport 
document (bill of lading); certificate of o rigin; document confirming product code (packing list); 
documents confirming compliance with intellectual property rights (if necessary).  
 
Page 61, Para 3.71  
At end -2015, the Ministry of Industry and Trade estimated that about 49% of national standards 
are harmonized with international standards, including: 81.9% in electrical engineering; 75.5% in 
electronics; 53.7% in mining and processing of oil and gas; 29% in energy and heat engineering; 
27.5% in engineering; and 16.1% in metallurgy.  
 
Question 28  
Has Russia any specific arrangements for further improving the consistency of its 
national standards with the international standards ? 
 
Answer  
According to Art. 15.3 of Federal Law No. 162 -FZ "On standardization in the Russian Federation" 
as of 29 June 2015 n ational standards shall be based on the relevant international standards. A 
developer of a national standard should inform the Federal standardization body (Rosstandart) on 
the provisions of draft national standard that differ from international standards (Art. 24.1 of 
Federal Law No. 162 -FZ). Technical Committee for Standardization takes a decision on a simplified 
procedure if a draft national standards is harmonized with international standards (Art.  24.12.2 of 
Federal Law No. 162 -FZ). 
 
Page 65, Para 3.86  
During the period from accession to the WTO to end -May 2016, the Russian Federation made 176 
notifications to the WTO on SPS measures, including: 49 addenda, 3 corrigenda, 60 emergency, 
and 64 regular notifications. A total of ten specific trade concerns were raised in the WTO SPS 
Committee concerning SPS measures in the Russian Federation.  
 
Question 29  
Has Russia adopted any measures to alleviate the concern of other contracting parties 
about its SPS measures ? 
 
Answer  
The Russian Federation is very attent ive to all raised concerns and aims at resolving them 
bilaterally. Together with our trading partners we tried (whenever we had such opportunity) to 
hold bilateral meetings and consultations. Sometimes they ended positively and led to concern 
withdrawal. S ome issues have remained unresolved for objective reasons (risk for human, animals' 
and plants' lives and health still exists). Meanwhile Russia hopes to find a prompt solution and is 
open for further cooperation.  
 
Page 66, Para 3.93  
In acceding to the WTO , the Russian Federation undertook to bind and reduce export duties on 
703 tariff lines at the 10digit level using a variety of duty rates and duty types  
 
Question 30  
Please elaborate on the export duties regime of Russia, including the scope of products 
subject to export duty, rate of export duty, purpose of export tax, etc. Has Russia 
adjusted its export tax regime recently? Has Russia made export duty commitments in 
its accession to the WTO?  
 
Answer  
In order to promote the processing of raw materials in  the territory of the Russian Federation and 
production of finished products, Russia applies export duties on certain products, specified in the 
Governmental Degree of 30 August 2013 No. 754 "On the Approval of the Rates of Export Customs WT/TPR/M/345/Add.1  
 
- 81 - 
 
  Duties on Goods E xported from the Russian Federation beyond the Borders of the Member States 
of the Agreements on the Customs Union and on the Invalidation of certain Acts of the 
Government of the Russian Federation".  
 
Russia annually reduces export duties, as it is provid ed for in Russia's Schedule of concession. As 
of 1 September 2016 Russia had eliminated export duties in respect of 195 tariff lines. The export 
duties were reduced in respect of 6 tariff lines. Currently, the Russian export tariff contains 148 
tariff line s. 
According to Article 164 of the Tax Code of the Russian Federation, taxation shall be imposed at 
0% tax rate on the sale of goods that have been exported. In case of sale of such goods the 
following documents shall be submitted to the tax authorities:  
 
1) the contract (copy of the contract) made by the taxpayer with a foreign person for delivering 
goods (supplies) beyond the borders of the united customs territory of the Customs Union 
(hereinafter referred to in this Code as the customs territory of the Customs Union) and/or 
supplies beyond the boundaries of the Russian Federation. If the contracts contain information 
constituting a state secret, instead of copies of the complete text of the contract an abstract 
thereof shall be submitted containing the i nformation required to effect the tax control (in 
particular, information on the terms of delivery, on its time, on products' price and type).  
 
When exporting the goods (supplies) to be sold for the purpose of their use in the activities 
connected with the  extraction of hydrocarbon raw materials at a sea deposit of hydrocarbon raw 
materials, the contract (copy of the contract) made by the taxpayer with the taxpayer engaged in 
the activities involved in prospecting, evaluation, exploration and/or development  of the cited 
deposit shall be presented as to the delivery of goods (supplies) outside the customs territory of 
the Customs Union and/or supplies outside the territory of the Russian Federation, as well as 
copies of shipping, transportation or other docum ents proving carriage of goods (supplies) to the 
point of destination located on the continental shelf of the Russian Federation and/or in the 
exclusive economic zone of the Russian Federation or in the Russian part (Russian sector) of the 
sea bed of the C aspian Sea.  
 
2) a customs declaration  (its copy) with marks of the Russian customs authority which has 
released goods in the procedure of export and of the Russian customs authority of the place of 
departure through which the goods were exported from the t erritory of the Russian Federation and 
from other territories which are under its jurisdiction (hereinafter referred to in this article as the 
Russian customs authority of the place of departure).  
 
When goods are brought out in the customs procedure of exp ort by the pipeline transport or by 
electric power transmission lines, a full customs declaration or its copy shall be presented with the 
notes by the Russian Customs agency, which confirm the placement of goods under the customs 
procedure of export.  
 
In case of export of goods in the customs procedure of export across the border of the Russian 
Federation with a member state of the Customs Union on which the customs control has been 
cancelled, the customs declaration (its copy) shall be submitted to third c ountries with notes of the 
customs authority of the Russian Federation effecting the customs clearance of the said 
exportation of goods.  
 
When exporting supplies from the territory of the Russian Federation, the customs declaration in 
respect of the suppli es (a copy thereof) shall be presented, bearing notes of the customs authority, 
in whose area of operation a port (airport) opened for international carriage is located, in respect 
of the supplies exportation outside the Russian Federation (where customs d eclaring is provided 
for by the customs legislation of the Customs Union).  
 
3) copy of the transport, shipping and/or of other documents with marks of the customs 
authorities at the places of departure confirming the export of goods from the territory of t he 
Russian Federation. The taxpayer can submit any of the listed documents taking into account the 
following.  
 
In case of export of goods under the customs procedure of export on ships through seaports, the 
taxpayer shall submit to the tax authorities the following documents to confirm that the goods WT/TPR/M/345/Add.1  
 
- 82 - 
 
  have been exported from the territory of the Russian Federation and other territories which are 
under its jurisdiction:  
  a copy of an order to ship the exported goods, including the name of the port of discharg e 
with a mark "Loading permitted" of a border custom -house of the Russian Federation. In 
case of exportation of catches of aquatic biological resources, as well as fish and other 
products made of them that have been delivered into the territory of the Russ ian 
Federation in compliance with the  legislation  on fishing and conservation of aquatic 
biological resources without their unloading onto the land territory of the Russian 
Federation, such copy of an order shall not be filed with the tax authorities by a taxpayer;  
  a copy of a bill of lading, a sea waybill or any other document that confirms the acceptance 
of export goods for carriage and indicates in the column "Port of unloading" the place 
located outside the territory of the Russian Federation and other  territories which are 
under its jurisdiction . 
 
In the case of export of goods under customs procedure of export across the border of the Russian 
Federation with a member state of the Customs Union, where customs control has been abolished, 
copies of carri age and forwarding documents shall be presented as bearing annotations of the 
customs body of the Russian Federation which has completed customs formalities in respect of 
said export of the goods.  
 
In case of export of goods under the regime of export by a ir transport, the taxpayer shall submit 
to tax authorities a copy of the international air cargo waybill which is to name the airport of 
discharge located outside the territory of the Russian Federation and of other territories which are 
under its jurisdic tion, in order to confirm the export of goods beyond the boundaries of the 
territory of the Russian Federation and of other territories which are under its jurisdiction.  
 
Copies of transport, shipping and/or other documents confirming the export of goods f rom the 
territory of the Russian Federation and other territories which  are under its jurisdiction can not be 
submitted in case of export of goods under the customs procedure of export by pipeline transport 
or via transmission lines.  
 
When exporting supplie s from the territory of the Russian Federation, shall be submitted copies of 
transportation, shipping and other documents, containing, in particular, data on the quantity of 
supplies, confirming the export of the supplies from the customs territory of the Customs Union 
and/or beyond the boundaries of the territory of the Russian Federation by aircraft and sea ships, 
as well as by mixed navigation vessels (for inland and sea navigation).  
 
In case if the loading of goods and the customs clearance of them, whe n goods are brought in the 
customs procedure of export by ships are carried out outside the region of the activity of a border 
customs agency, the following documents shall be presented to tax bodies for the confirmation of 
the export of goods from the ter ritory of the Russian Federation and other territories which are 
under its jurisdiction:  
  a copy of the order on the unloading of export cargoes with the note "Loading is 
permitted" of the Russian customs agency which carried out the customs clearance of t he 
said export of goods, and also with the note of the Russian customs authority at the place 
of departure that confirms the export of goods from the territory of the Russian 
Federation;  
  a copy of a bill of lading, a sea waybill or any other document whic h confirms the 
acceptance of export goods for carriage and which indicates in the column "Port of 
unloading" the place located outside the territory of the Russian Federation and other 
territories which are under its jurisdiction.  
 
Recently Russia has esta blished expedited procedure for a VAT deduction to exporters of non -
primary goods. According to the Federal Law of 30 May 2016 No. 150-FZ a VAT, as from 
1 July 2016 deduction may be obtained before the presence of the documents, confirming the 0% 
VAT. This  procedures is not applied to the mineral products, products of chemical industry and 
related industries, wood and articles of wood, charcoal, pearls, precious and semi -precious stones, 
precious metals, base metals and articles thereof.  
 
Page 70, Para 3.10 3 
Public funds in support of Russian businesses seeking to originate or increase export sales are 
made available at both the federal and sub -federal levels of government. The executive authorities WT/TPR/M/345/Add.1  
 
- 83 - 
 
  of the subjects of the Russian Federation annually compete for federal co -financing of their 
respective SME support programmes, which may have an export assistance component.  
 
Question 31  
Will subsidy standards followed by sub -federal governments be unified?  
 
Question32  
Does the federal government have plans to co llect comprehensive statistics on the 
current federal government export credit and other information and make them 
publically available at appropriate time?  
 
Answer to questions 31 and 32  
The program me mentioned in para. 3.103 of the Secretariat report is  aimed at supporting the 
development of SMEs in the Russian Federation. This program me is provided under the Resolution 
of the Government of the Russian Federation of 15 April 2014 No . 316. The executive authorities 
of the subjects of the Russian Federatio n annually receive co -financing of their respective SME 
support programmes on a competition basis. The sub -federal SME support programmes are not 
unified. The content of the SME support programmes depends on needs of a particular region.  
In accordance with  the Article 25 of the Agreement on Subsidies and Countervailing Measures the 
Russian Federation provides its notifications of subsidies. The information on the mentioned 
Resolution is available in the document No G/SCM/N/284/RUS.  
 
Page 71, Para 3.109  
In principle, VEB and its subsidiaries operate on commercial principles, offering export finance and 
risk mitigation services on a recovery basis. Their activities mainly address financing gaps where 
the private sector may not be able to fully respond to the n eeds of Russian businesses 
(Table  3.22). According to the authorities, VEB and its subsidiaries do not follow uniform directives 
on minimum Russian content and sectoral or geographical priorities; separate legal acts and/or 
internal documents may be establ ished to guide the operations of each entity. Details on the 
eligibility criteria for export support applied by each entity were not made available.  
 
Question 33  
Please elaborate on the eligibility criteria for export support applied for each existing 
entity. 
 
Answer  
EXIAR provides support to export transactions of goods and services (including intellectual 
property rights) produced or processed in the Russian Federation, as well as investments of the 
Russian legal entities abroad. The customer profile inc ludes the following:  
  Russian exporters, including small and medium -sized enterprises, as well as their 
international subsidiaries involved in the export process at various stages;  
  Russian and foreign financial institutions, including banks and factoring companies 
providing financing to Russian exporters and their clients; investment and leasing 
companies participating in international projects.  
 
Eximbank of Russia provides support to the legal entities involved in the Russian export 
transactions (goods an d services produced or processed in the Russian Federation), including 
exporters, buyers and the foreign buyers' banks, subject to terms and conditions developed for 
different products (e.g. supplier Credits or Buyers Credit). Eximbank in its mandate focus es on 
export of value -added products and cannot provide financing of raw materials.  
The Russian Export Center JSC provides non -financial support to Russian registered companies 
that are interested in expanding or creating their export activities. The comp anies using REC 
services can be potential exporters on earlier stages of preparation for exports.  
 
Question 34  
Has the Government of the Russian Federation continued to grant credit support to the 
guarantee provided by VEB for foreign investors after 2012?  Please disclose details on 
the large sum of science & technology and innovation plans supported by VEB and the 
specifically supported fields of technology?  
 WT/TPR/M/345/Add.1  
 
- 84 - 
 
  Answer  
The Federal law No 359 -FZ of 14 December 2015 and the relevant Resolutions of the Governmen t 
of the Russian Federation envisage that VEB performs functions of an agent for the Government of 
the Russian Federation for provision and fulfillment of state guarantees of the Russian Federation. 
For example, in accordance with the Resolution of the Gov ernmen t of the Russian Federation 
No. 803 of 1 November 2008 VEB performs such functions regarding exports support of industrial 
products. For this purpose the relevant provisions are envisaged in the Budget of the Russian 
Federation for 2016.  
 
Besides, VE B provides financial support to investment projects in the form of loans and equity 
investments as well as by issuing guarantees to secure obligations of stakeholders to third parties. 
As at year -end 2015, VEB granted loans to 159 investment projects, for two of which the Bank 
issued guarantees.  
 
Support for non -commodity exports is one of VEB's key objectives as a bank for development. VEB 
provided financial support for Russian exports to more than 20 countries. Most of the exported 
products are high -techn ology goods. The Bank's export support areas include transport, transport 
machine building and power engineering, nuclear power, aircraft building and rocket and space 
complex. The portfolio of the respective export loans reached R ub 22.7 bn as at end -2015. 
Support to innovative projects is provided by VEB also through its interaction with the Foundation 
for Development of New Technologies Development and Commercialization Centre (Skolkovo 
Foundation). For this purpose The Fund to Operate the Financial Aid Programme for Innovation 
Projects of Skolkovo Foundation (VEB -Innovations Fund) was established. The Fund's primary 
objective is to support projects delivered by the Skolkovo Foundation's residents. VEB -Innovations 
embraces projects across all clusters of Skolkovo Foundation. One of the forms of the support 
provided by the Fund is financial support of research and development projects in the spheres of 
information technologies, biomedical technologies, energy efficient technologies, space 
technologies and t elecommunication and nuclear technologies. Since its establishment, the Fund 
provided financial assistance to 20 projects for a total amount of over R ub 670 mn.  
 
Page 79, Para 3.138  
Various tax incentives remain in place for the oil and natural gas industr ies, with concessions 
depending on field characteristics, such as age and accessibility. Trunk gas pipelines and related 
structures, gas production project sites, and helium production and storage facilities are eligible for 
a corporate property tax waiver  during 2015 -2034, if the initial commissioning took place after 1 
January 2015.  
 
Question  35 
Are there preferential tax policies for automobile manufacturing industry and construction industry 
other than the aforementioned oil -gas industry? Please list th e industries subject to taxation 
preferences and the specific preferential tax policies.  
 
Answer  
The Tax Code of the Russian Federation does not establish any preferential tax policies for 
automobile manufacturing or construction industry.  
The tax incent ives are provided by the Tax Code and by the legislation of sub -federal 
governments. The information concerning tax incentives at sub -federal levels is provided in 
Table  3.26 of the Report of the Secretariat.  
As for specific preferential tax policies in ac cordance with the Tax Code the simplified tax system is 
established. A taxpayer is exempt from income tax and property tax. This system focuses on 
SMEs.  
 
Besides special economic zones and other regional schemes provide tax incentives, including those 
for automobile manufacturing industry and construction industry. Additional information 
concerning tax incentives for Special Economic Zones and other regional schemes is available in 
para. 3.147 – 3.150 of the Report of the Secretariat.  
 
Page 82, Para 3.142  
According to the authorities, industrial policy is based on a number of programmes for limited 
periods centred on different themes (e.g. innovative economy, foreign trade) or sectors (e.g. 
energy, aircraft, shipbuilding, fisheries, pharmaceuticals) as prov ided for in a number of 
Government regulations.  WT/TPR/M/345/Add.1  
 
- 85 - 
 
  Question 36  
Please introduce the main contents and policy measures contained in the relevant policies. Could 
the federal government publish policies and regulations in English on a website to improve 
transpar ency?  
 
Answer  
There are a lot of Federal support programmes in the Russian Federation. These programmes 
contain a list of goals which the federal authorities have to achive. The goals are to create a 
sustainable and competitive industry, to create new inno vation sectors, to eliminate regulatory 
barriers and to establish conditions for promotion of innovative products to the market.  
In order to achieve these goals the Government of the Russian Federation may use support 
measures. Such measures may include t ax incentives, grants, partial compensation of 
expenditures on interest on loans and other measures.  
Since the English language is not an official language of the Russian Federation, the legal acts are 
not subject to publishing in English. Nevertheless, ta king into account the interest of foreign 
economic entities, a number of legal acts are translated in English and published on the official 
web sites of government authorities.  
 
Page 85, Para 3.152  
state-owned enterprises were required to purchase innovati ve and high -tech products from small 
and medium sized enterprises.  
 
Question 37  
Are there limitations in terms of industries on the procurement of innovative and high -tech 
products from small and medium sized enterprises by state -owned enterprises? Are the re any 
limitations on the scope of small and medium sized  enterprises?  
 
Answer  
In accordance with the Federal Law of 5 April 2013 "On the contract system in state and municipal 
procurement of goods, works and services " No. 44-FZ such type of limitations a re not established.  
Certain mechanisms for purchase of innovative and high -tech products are established under the 
legislation on the purchase of goods, works and services of certain types of legal entities. As such, 
a List of specific entities, which are required to purchase innovative and high -tech products, 
including from SMEs is established by the Order of the Government of 21 March 2016 No. 475-р. 
Moreover, paragraph 2 of the Regulation on the procedure for establishment of annual statement 
of purchase of innovative products, high -technology products approved by the Decision of the 
Government of the Russian Federation of 25 December 2015 No. 1442, provides for the 
requirement for a customer to purchase innovative and high -tech products from SMEs in the 
amount of 10% of total annual volume value of contracts. Customers have a right to purchase 
innovative and high -tech products in the amount ex ceeding annual volume calculated in 
accordance with paragraph 2.  
 
It should be noted that , legal acts regulating purchases by certain types of legal entities do 
establish restrictions or limitations in respect of purchases of innovative and high -tech produ cts 
from SMEs by state -owned enterprises.  It should be noted that , legal acts regulating purchases by 
certain types of legal entities does establish restrictions or limitations in respect of purchases of 
innovative and high -tech products from SMEs by stat e-owned enterprises.  
 
Page 91, Para 3.178  
These procuring entities set their own procurement requirements and methods. Local content 
requirements are not strictly regulated in the Law and these entities are free to set their own 
requirements. Currently the re are around 80,000 such procuring entities registered.  
 
Question 38  
Does Russia have plans for unifying the procurement requirements and methods of 
these entities, especially concerning local content requirements?  If so, please provide 
details.  
 
Answer  
Russia has plans to unify the procurement requirements and methods of these entities. The draft 
law concerning this issue is drawn up. This draft contains the following measures:  WT/TPR/M/345/Add.1  
 
- 86 - 
 
    introducing an exhaustive list of methods of procurement by the certain typ es of legal 
entities;  
  setting requirements to awarding of contracts, its amendments and termination;  
  determination of a limited number of cases for refusal to award a contract;  
  conducting all competitive methods of procurement on electronic platforms id entified 
pursuant the Federal Law No. 44 -FZ. 
Local content requirements are not set by these entities, they are regulated by the Federal Law 
No. 223 -FZ and its amendments.  
Question  39 
Russia is about to start negotiation for acceding the GPA. The Stipulati on of Russia to  
grant 15% price preferen ce to its  domestically  manufactured  products has inconsistency 
with the rules of GPA , will such government procurement policies of Russia be changed 
in the future ? 
 
Answer  
The abovementioned preferential treatment fo r domestically manufactured products in cases of 
government procurement will be discussed with the Parties of the GPA within the framework of 
negotiations on Russia's accession to the GPA. However, we would like to note that this regime 
could be changed on ly for the GPA Parties if after the negotiations it will be necessary to bring 
Russian legislation into conformity with the GPA.  
 
Page 98, Para 3.202  
The Russian Federation has a long -established intellectual property system and houses one of the 
world's t op ten IP offices in terms of filing activity.  
 
Question40  
Please provide information on the corresponding law enforcement framework to fight 
intellectual property crimes. Has Russia developed a long -term strategy to fight 
intellectual property crime? If s o, please explain.  
 
Answer  
In the Russian Federation the main law corresponding to the punishment for the intellectual 
property crimes  is the Criminal Code of the Russian Federation. Article 146 of this Code provides 
for the punishment in field of infring ement of copyright and related rights. Article 147 provides for 
the punishment in field of infringement of patent and inventor's rights. Article 180 provides for the 
punishment in field illegal use of a trademarks. The full text of the Criminal Code of the  Russian 
Federation had been notified to the WTO by document IP/N/1/RUS/E/3 on 22 November 2012.  
 
The Russian Federation does not have a long -term strategy to fight intellectual property crime 
officially adopted by Government. Nevertheless, in order to enh ance the enforcement there is 
annual 2 -stage operational -preventive activity "Contrafact" aimed at suppression of production and 
circulation of counterfeit and falsified goods as well as goods illegally imported to the Russian 
Federation. Also there is Int ernational enforcement operation "Pangea" – under the aegis of 
General Secretary of Interpol aimed at combating the sale of illegal medicines online. Moreover, in 
order to enhance state regulation for combating against illegal import, production and circul ation 
of industrial goods, including counterfeit goods, the "State Commission on counteraction against 
illegal circulation of industrial products" was established by Decree of the President of the Russian 
Federation  No. 31 of 23 January 2015.  
 
Page 100, Pa ra 3.216  
In 2014, the IPR Court heard 783 cases as the court of first instance, of which 239 involved foreign 
entities; and 1,390 cases as the court of cassation, among which 242 involved foreign entities. Of 
these cases, 55 -60% were related to trademarks and trade names, 25 -30% to copyright cases, 
and 5 -10% to patents.  
 
Question 41 
In the case of 5 -10% to patents, are there any precedents related to traditional Chinese 
medicine product and its preparation method? What are the major legal provisions 
regulat ing this?  
 WT/TPR/M/345/Add.1  
 
- 87 - 
 
  Answer  
The Russian Federation does not possess information on patent litigations before the Intellectual 
Property Court with regard to traditional Chinese medicine products and their preparation 
methods.  
 
Article 1225 of the Civil Code of the R ussian Federation contains the list of objects of intellectual 
property. This list does not comprise traditional knowledge.  Traditional Chinese medicine products 
and their preparation methods may be protected as inventions if they correspond to the 
patenta bility criteria. Apart from that,  traditional Chinese medicine products and their preparation 
methods may be protected as know -how. 
 
Page 100, Box 3.1 Main institutions involved in IPRs in the Russian Federation  
Federal Service for Supervision in the Spher e of Telecom, Information Technologies and Mass 
Communication (Roskomnadzor) responsible for implementing protective measures in respect of 
objects of copyright and/or related rights (except photographic works and works, obtained similar 
way to photography ) based on an effective court judgement (Moscow City Court)  
 
Page 149, Para 4.137  
The Ministry of Telecom and Mass Communications (MTMC or Minsvyaz) is developing and 
implementing national policy and legal regulation in the following areas: Telecommunicat ions, 
including the allocation and conversion of the radio frequency spectrum; Postal communications; 
Mass media, including the electronic media, development of the Internet, television and radio 
broadcasting, and related technologies; Publishing, printing , and distribution of printed media; 
Information technology, including creation of government information resources and promotion of 
access to such resources; and Personal data processing and Internet governance.  
 
Question42  
1. Please introduce the domest ic departments involved in the administration of 
telecommunications or information communication in Russia. What is the distribution of 
labor among the Ministry of Telecom and Mass Communications, Federal 
Communications and Supervision Authorities for info rmation technologies and mass 
media? How do they differentiate from one another and collaborate?  
 
Answer  
The main department (authority) in the Russian Federation responsible for the formation and 
implementation of government policy and legal regulation i n the field of information technology, 
electronic telecommunications and postal services, mass communications and mass media 
including electronic media (as well as the development of the Internet, television (including digital) 
and radio broadcasting syste ms and new technologies in these fields), the print media, printing 
and book publishing activity, the processing of personal data, state property management and the 
provision of state services in the field of information technology, including the use of in formation 
technology for the creation of state information resources and ensuring access to them is the 
Ministry of Communications and Mass Media of the Russian Federation.  
 
Federal Service for Supervision in the Sphere of Telecom, Information Technologies  and Mass 
Communications, Federal Agency for Communications, Federal Agency on Press and Mass 
Communications are administered by the Ministry of Communications and Mass Media of the 
Russian Federation. Each of these federal services has its own functions i n accordance with the 
provisions on these services established by the Government of the Russian Federation.  
 
Detailed information can be found on the websites in Russian and English  at: 
http://minsvyaz.ru/en/ ; http://eng.rkn.gov.ru ; http://eng.rossvyaz.ru ; and only in Russian 
http://www.fapmc.ru . 
 
2. Please introduce the specific market access requirements on telecommunication and 
Internet establis hed by the Ministry of Telecom and Mass Communications. Please 
introduce the status quo and progress of the building of government information 
resources.  
 
Answer  
Depending on the market segment operator should own the necessary infrastructure or have an 
agreement on the use of the infrastructure of another operator. For most elements of the WT/TPR/M/345/Add.1  
 
- 88 - 
 
  infrastructure of communications networks informative procedure for bringing into use is 
established, and also requirements for obligatory expertise for non -critical el ements are removed. 
For the use of radio electronic means coordination of the installation site is required in order to 
avoid interference to the existing means.  
There are no special requirements for the provision of the services for the Internet access, e xcept 
for the necessity to acquire a license. There are no particular requirements for the license.  
 
3. Please introduce the main systems involving personal data processing and personal 
information protection in Russia.  
 
Answer  
Register of operators that process personal data (on the Roscomnadzor's website as of 
15 September 2016) contains 361  530 records. Russian legislation does not stipulate any 
obligation for the operators that process personal data to provide information concerning used 
information sy stems to Minsvyaz.  
 
4. Please introduce the main systems concerning Internet governance in Russia.  
 
Answer  
There is no separate governmental system for the Internet governance in the Russian Federation. 
Selective blocking of websites that violate the law of the Russian Federation is made after a decree 
of the court or temporal blocking after a decision of the prosecutor's office. In case of elimination 
of disorders website can be unblocked.  
 
Page 104, Para3.232  
The Civil Code has a specific provision on th e collective management of copyright, which provides 
that a collective management organization may obtain official accreditation to manage exclusive 
copyright and related rights without the explicit authorization of the copyright holders, while a 
copyright  holder has the right at any time to renounce the management of his or her rights by this 
organization (Article 1244). This provision was questioned by WTO Members during the Russian 
Federation's accession process and the subsequent TRIPS Council's review of national IP laws.  
 
Question 43  
Besides this provision, are there any other supported and detailed stipulations in 
Russian laws regarding collective copyright management? What are their specific 
contents? How well are they implemented?  
 
Page 105, Para3.2 43 
Chapter 72 of the CC RF provides a non -exhaustive list of subject matter which is not considered 
an invention, including discoveries, scientific theories and mathematical methods.  
 
Answer  
Collective copyright and related rights management is governed b y Part IV of the Civil Code 
(Articles 1242 -1244), containing general provisions on the activities of rights management 
organizations operating on a collective basis. The Articles also set the areas where management of 
rights can be provided only by rights management organizations if they have obtained official 
accreditation. In addition to the specific provisions of Part IV of the Civil Code, in cases where it is 
specifically required by law, the Russian Government has adopted regulations that also affect t he 
activities of rights management organizations on a collective basis. As a rule, such legal acts 
regulate the collection, distribution and payment of royalty fees in favor of the holders of copyright 
and (or) related rights.  
 
Questio n 44 
Russia has point ed out that the enumeration of subject matter not to be awarded patent 
rights in its civil code is non -exhaustive. Is there any subject matter other than those 
listed that was declined to a patent right in the review practice? If so, what standard is 
used to determine that this subject matter cannot be granted a patent right?  
 
Answer  
Provisions of paragraph 5 of Article 1350 of the Civil Code of the Russian Federation provide a list 
of subject matter that cannot constitute inventions and utility models. By  virtue of the Federal Law 
dated  12 March  2014 No . 35-FZ "On introduction of amendments to parts one, two and four of the WT/TPR/M/345/Add.1  
 
- 89 - 
 
  Civil Code of the Russian Federation and selected legal acts of the Russian Federation" the 
provisions of the said Article were amende d by addition of words "in particular", which resulted in 
the list becoming non -exhaustive.  
 
The subject matter listed in paragraph 5 of Article 1350 of the Civil Code of the Russian Federation 
are not deemed as inventions if the patent application is who lly directed at such subject matter. 
However, if such subject matter constitutes a part of a distinct result of intellectual activity, then 
such subject matter may be given protection in conformity with the legal requirements.  
 
Also, a list of subject matt er that shall not to be awarded patent rights is provided in paragraph 4 
of Article 1349 of the Civil Code of the Russian Federation, namely:  
1) methods for human cloning and human clone;  
2) methods for modifying the genetic integrity of human embryo cells ; 
3) use of human embryos for industrial and commercial purposes;  
4) results of intellectual activities as listed in paragraph 1 of Article 1349 of the Civil Code of the 
Russian Federation, if they are inconsistent with the public interest and humane and m oral 
principles.  
 
Page 106, Para 3.245  
A six-month grace period is available for all patent applications.  
 
Question 45  
Russia provides six months of novelty grace period. What kinds of open forms are 
entitled to this novelty grace period?  
 
Page 106, Para3. 247 
A utility model has to meet the novelty and industrial applicability requirements, while the 
industrial design must be new and original (CC RF Articles 1351 -1352). Law No. 35 -FZ extends the 
scope of substantive patent examination to the patent applicat ions for utility models and industrial 
designs (Articles 3.111 -112) and also applied absolute novelty to the registration of utility models 
and industrial designs (Articles 3.78(a) and 3.79). Under the CC RF, a patent right holder is 
conferred the right of  authorship, and the exclusive right to use the patent (Articles 1356 -1358).  
 
Answer  
The fact that the author, the applicant or any other person who received information from them 
directly or indirectly disclosed information related to the patented objec t (including by displaying  at 
an exhibition), which resulted in the essence of the invention being made public, does not 
constitute circumstances that would prevent patent registration (Articles 1350 -1352 of the Civil 
Code of the Russian Federation), provi ded that the patent application is filed to Rospatent within 
six months from the date on which the information was revealed.  
 
Law does not provide for a list of actions that may lead to the disclosure of information. The 
burden of proof of the circumstance s attesting that disclosure of information does not impede the 
invention to be deemed as patentable lays with the applicant.  
 
Question 46  
Please explain if the utility model needs to meet sufficient public requirements?  
 
Answer  
In conformity with paragrap h 1 of Article 1351 of the Civil Code of the Russian Federation, a 
technical solution relating to an apparatus is protected as a utility model. In accordance with the 
said provision, a utility model is given legal protection if it is novel and industrially  applicable.  
 
Page 106, Para 3.248  
Chapter 72 of the CC RF defines certain uses that do not infringe patent rights, including the use of 
a patent in the design, in auxiliary equipment or in the operation of vehicles or spacecraft of 
foreign States, provid ed these vehicles or spacecraft are temporarily or incidentally located on the 
territory of the Russian Federation and the product is used solely for the needs of the vehicles or 
spacecraft; use for scientific research purposes; use in emergency circumstan ces (natural 
calamities, disasters, and accidents); use for private and non -commercial purposes; and the one -
off manufacturing of medicines in a pharmacy on a physician s prescription (Article 1359).  
 WT/TPR/M/345/Add.1  
 
- 90 - 
 
  Question 47  
1. Does Russia allow parallel import of pa tent?  
 
2. Does Russia have priority right regulations? If so, what are the specific regulations?  
 
3. For the purpose of providing information for administrative approval, are 
manufacturing, using and importing patented medicines or patented medical apparat us 
and instruments deemed as exceptions for violating patent rights in Russia?  
 
Answer  
1. In accordance with paragraph 6 of Article 1359 of the Civil Code of the Russian Federation, the 
importation onto the territory of the Russian Federation, the applica tion, offer for sale, sale, other 
introduction in civil -law transactions or storage for such purposes of a product in which the 
invention or utility model is used or of an article in which the industrial design is used, if the 
product or article has been e arlier introduced in civil -law transactions on the territory of the 
Russian Federation by the patent holder or by another person by permission of the patent holder 
or without such permission provided that such introduction into civil -law transactions took place 
legally in the cases set out by the Civil Code of the Russian Federation.  
 
2. The Civil Code of the Russian Federation contains provisions regarding the priority of an 
invention, utility model and industrial design. In particular Article 1381 stipula tes the rules for 
establishing the priority of an invention, utility model or industrial design, Article 1382 — the 
convention priority of an invention, utility model or industrial design and Article 1383 — the 
consequences of the coincidence of priority d ates of an invention, utility model or industrial design. 
No other provisions in the Civil Code are provided for regarding the priority rights for an invention, 
utility model and industrial design.  
 
3. In accordance with the paragraph 1 of Article 1358 of  the Civil Code the patent holder owns the 
exclusive right to use the invention, utility model or industrial design in accordance with Article 
1229. Paragraph 2 of Article 1358 provides for the following ways of use of an invention, utility 
model or indust rial design:  
1.  the importation onto the territory of the Russian Federation, manufacture, application, 
offer for sale, sale, other introduction in civil -law transactions or storage for such purposes 
of a product in which the invention or utility model is us ed or of an article in which the 
industrial design is used;  
2.  the commission of the actions described in sub item  1 in respect of a product produced 
directly by a patented method. If the product produced by the patented method is novel 
then an identical pr oduct shall be deemed produced by the patented method, unless 
otherwise proven;  
3.  the commission of the actions described in sub item  1 in respect of an apparatus in whose 
operation (exploitation) in accordance with its intended purpose the patented method  is 
automatically implemented;  
4.  the commission of the actions provided for by sub item  1 of this item in respect of the 
product intended for application in compliance with the purpose thereof cited in the 
formula of an invention, when the invention is pro tected in the form of the product's use 
for a definite purpose;  
5.  the implementation of the method in which the invention is used, including, by means of 
applying this method.  
 
Administrative registration of a medicine per se is not viewed as patent infring ement because it 
does not constitute an action related to the use of invention within the context of provisions of 
paragraph 2 of Article 1358 of the Civil Code of the Russian Federation.  
 
Page 111, Para 3.274  
Despite all these efforts, IP enforcement, es pecially piracy, is still the main concern for the Russian 
Federation's trading partners. Efforts to strengthen copyright protection in the digital environment 
resulted in the adoption of two special laws on copyright enforcement since 2013.  
 WT/TPR/M/345/Add.1  
 
- 91 - 
 
  Question 48  
How will Russia further strengthen the protection and law enforcement of intellectual property?  
 
Page 113, Para 4.5 -4.6 
4.5. According to one report, at the time of the last agricultural census in 2006, 98% of farms 
were owned by private households or other  individual operators but they represented about 2% of 
agricultural land. Other categories of holdings, which included agricultural enterprises, institutional 
farms, private farms, individual entrepreneurs and non -profit citizen associations, accounted for  
the other 2% of holdings and 98% of agricultural land.  
 
4.6. According to the Federal State Statistics Service, about 49% of the total value of agricultural 
production is from agricultural enterprises, 41% from household enterprises, and 10% from 
peasant farm enterprises. Another report stated that these classifications correspond roughly to 
corporate farms, household plots, and commercial family farms, respectively, and that the 30 
largest holdings farm 6.7 million hectares.  
 
Answer  
Despite the adoption o f the anti -piracy legislation, the Russian Federation will continue to toughen 
up the provisions aimed at preventing illegal use of objects of copyright and related rights on the 
Internet. The Russian Federation will also continue to develop new approaches  towards solving the 
problem of Internet piracy. Currently, there is debate about an initiative to establish administrative 
responsibility for the site owner and the hosting provider if they fail to block illegal content at the 
request of the copyright hol der seeking an extra -judicial settlement. Also there are discussions on 
issues related to the prohibition of advertising on websites to which access has been limited by a 
court ruling.  Besides that, Ministry of Telecom and Mass Communications of the Russia n 
Federation is cooperating with concerned copyright holders and legal institutions developing the 
procedure of rapid response to automatically created "mirrors" of webpages that contained 
repeatedly and illegitimately published copyright and related right s objects or information defining 
ways to obtain those objects through information -telecommunication networks.  
 
Question 49  
Please introduce the distinction among and legal definitions of these subjects, especially 
the distinction between private househol ds and private farms, as well as peasant farms 
enterprises.  
 
Answer  
According to the Russian legislation the status of agricultural producer is assigned to:  
 Agricultural enterprises and individual entrepreneurs that produce and/or process 
agricultural prod ucts provided that the share of income from sale of these agricultural 
product is no less than 70% of their total annual revenue;  
 Private households, entities engaged in non -commercial activity on production and 
processing of agricultural products;  
 Agricu ltural consumer cooperatives, entities engaged in economic activity based on 
consolidating property share contributions of agricultural producers in order to meet 
economic and other needs;  
 Peasant (farm) enterprises, citizens' associations (family relation ship) having common 
property and engaged in production and other economic activity (production, processing, 
storage, transport, sale of agricultural products) based on their personal involvement.  
Hence, the main difference between peasant (farm) enterprise s and private households is that the 
latter one is often established for personal needs in agricultural products, i.e. profit is not the main 
purpose of their establishment.  
Other subjects mentioned in paragraphs 4.5 -4.6 of the Secretariat Report might be the result of 
different translation of Russian legal terms . 
 
Page 115, Para 4.14 -4.15 
4.14. In acceding to the WTO, the Russian Federation bound six tariff quotas (TQs) in its Schedule 
for: fresh and chilled beef; frozen beef; fresh, chilled and frozen por k; pork trimming; fresh, 
chilled or frozen poultry; and for whey and modified whey. According to the notification to the 
WTO Committee on Agriculture the TQ for fresh, chilled or frozen poultry is applied as three 
separate quotas.  
4.15. According to the EA EU Treaty, the Eurasian Economic Commission is the competent authority 
for TQ establishment within the EAEU and allocation of tariff quota volumes among the member WT/TPR/M/345/Add.1  
 
- 92 - 
 
  States. The authorities stated that the volume of TQs for EAEU member States that are WTO 
Members and have TQ commitments in their schedules can be based on the TQ commitments of 
that EAEU member State. Each year the Eurasian Economic Commission adopts a decision 
concerning TQ volumes for each EAEU member State for the following year.  
 
Question 5 0 
Please explain if the annual quota of Russia changes as per the fixed amount committed 
in the schedules of concessions, or as per the annual decision of the Eurasian Economic 
Commission.  
 
Answer  
Russian tariff quota volumes established by annual decision s of the Eurasian Economic Commission 
completely correspond to the amounts contained in the Schedule of Concessions and 
Commitments on Goods of the Russian Federation. TRQ volumes cannot be decreased; otherwise, 
it would be a violation of Russia's WTO obli gations.  
 
Page 116, Para 4.20  
The State uses a variety of policy instruments to stabilize domestic prices for wheat, rye, barley 
and maize, including public intervention programmes based on prices set by the Minister of 
Agriculture, and export duties for wheat (below). It was reported that, between October 2012 and 
July 2013, 3.4 million tonnes of wheat were released from the Intervention Fund to reduce 
domestic prices, and, in 2013 -14, 0.6 million tonnes were removed from the market. Other reports 
stated that 1.7 million tonnes were purchased by the Interventi on Fund in 2015 -16 for 
Rub 17.7 billion, bringing total stocks to 3.15 million tonnes. In October 2015, intervention prices 
for these products were increased and were set at the same level of each pro duct for all regions of 
the Russian Federation:  
for wheat, the intervention price for class 3 milling wheat was R ub 10,900 per tonne, for class 4 
milling wheat R ub 10,400, and class 5 feed wheat R ub 8,800; for food quality rye R ub 7,400; for 
fodder barley  Rub 7,500; and for maize R ub 6,900.  
 
Question 51  
1. Please explain how these prices are determined.  
2. How does the Minister of a griculture determine the domestic prices of wheat, rye, 
barley, and corn, as well as the standard for wheat export tax and fees?  When was the 
Intervention Fund set up? How big is its scale? How is it operated specifically?  Will the 
Intervention Fund suffer losses during its operation? How to ensure its sustainability?  
Will Russia's price stability measures for crops like wheat, rye,  barley, and corn affect 
farmers enthusiasm in crop growing, thus resulting in grain output decrease and a lower 
grain self -sufficiency rate?  
 
Answer  
The Ministry of Agriculture does not determine domestic prices for agricultural products except 
when price s are determined under intervention mechanism. State purchasing interventions occur if 
the domestic market prices are lower than pre -established price levels. State commodity 
interventions take place if there is a deficit of certain agricultural products i n the market or if the 
domestic prices exceed the pre -established level. Price levels, at which interventions should be 
carried out, are determined by the Ministry of Agriculture together with the Federal Antimonopoly 
Service of the Russian Federation. The se price levels are based on minimal monthly average 
producer prices in the previous year (during the period when grain sales are high).  
 
Intervention fund is formed by state purchasing interventions and functions on a federal scale 
basis since 2001. The M inistry of Agriculture selects on a tender basis a governmental agent to 
conduct state purchasing and commodity interventions and entities to place agricultural products 
from the intervention fund to their facilities.  
 
Financial sustainability of intervent ion fund institution is provided by the fact that the costs of 
forming the intervention fund are covered by credit resources (Rosselkhozbank) and that the agent 
acts for a commission fee. Thus, the system of intervention mechanism resource coverage does 
not involve the risk of losses for intervention fund institution.  
 
Intervention mechanism does not affect agricultural producers' decision to grow certain crops.  WT/TPR/M/345/Add.1  
 
- 93 - 
 
  Export duties, including for wheat, are determined by the Government of the Russian Federation 
on the basis of internal and external market analysis. Export duties are applied under the 
Government Resolution No. 754 of 30 August 2013 "On Adoption of Export Customs Duties on 
Goods Exported from the Territory of the Russian Federation beyond the Borde rs of the Countries 
that are Parties to the Agreements on Customs Union, and On Invalidation of Certain Acts of the 
Government of the Russian Federation" (as amended). Customs fees are determined by the 
Government Resolution No. 863 of 28 December 2004 "On  the Rates of the Customs Fees for the 
Customs Clearance of Goods".  
 
Page 117, Para 4.21  
Current agricultural policy is based on the Decree of the President No. 120 of 30 January 2010 "On 
the approval of the Food Security Doctrine of the Russian Federation " (as amended), which sets 
self-sufficiency targets for key foodstuffs (80 -95% for grains, sugar, vegetable oil, meat and meat 
products, milk and milk products, fish and fish products, and salt). National policy is currently 
being implemented through a sev en-year programme introduced in 2012 (Government Resolution 
No. 717 of 14 July 2012 "On State Programme for agricultural development and regulation of farm 
product, raw materials and foodstuffs markets for 2013 -2020"), which was amended in April 2014 
and a gain in December 2014. The Programme includes several sub -programmes and federal 
targeted programmes (Table 4.4). The principal objectives of the State Programme include:  
  improving production and competitiveness of agricultural products on domestic and f oreign 
markets;  
  improving the financial stability of agricultural producers;  
  securing epizootic welfare;  
  sustainable development of rural areas;  
  regeneration and effective use of land and other agricultural resources and 
environmentally  friendly p roduction; and  
  providing marketing assistance for, and seasonal storage of agricultural products.  
 
Question : 52 
What products are defined as environmentally friendly production in Russia?  
 
Answer  
The State Programme mentioned above talks about environme ntally friendly production. In Russia 
production of agricultural products should not cause environmental damage. In this regard , the 
Russian Federation pays serious attention to ecological safety of agricultural production by 
following the best internation al practices of administrative, institutional and technological 
development in this sphere.   
 
Question53   
What are the Russian governments targets for the self -sufficiency rate of grains, fish 
and aquatic products respectively? Does the Russian Government set an objective for 
the overall amount and self -sufficiency rate for the total food output (including grains, 
meat, fishery and aquatic products)?  
 
Answer  
According to the Decree of the President of the Russian Federation No. 120 of 30 January 2010 
"On th e Approval of the Food Security Doctrine of the Russian Federation" self -sufficiency target 
for grains is 95%, for fish and fish products – 80%. Self -sufficiency targets serve as indicators for 
food security assessment in pursuing the strategic goal of pro viding the population with safe 
quality agricultural, fish products and foodstuffs.  
 
Page 118, Para 4.23   
(i) Under the project for horticultural development, support and care for perennial plants and 
vineyards, there are four sub -plans providing subsidie s for the maintenance of vineyards and 
orchards, uprooting old ones, building and modernizing storage facilities, and the purchase of 
machinery and equipment. In 2015, the total federal budget provided for support for the 
development of perennial plants an d vineyards was R ub 2,311.3 million and for the stubbing up of 
old fruit and berry plantations it was R ub 103.6 million.  
 WT/TPR/M/345/Add.1  
 
- 94 - 
 
  Question 54  
What kinds of seedlings are covered by the seedling updating subsidies? Is the subsidy 
granted at a certain proportion of price as per different seedlings, or according to the 
planting area, or by other standards? How are subsidies for storage facilities and 
building modernization granted? As the Russian Government provides agricultural 
machinery equipment purchasing subsidie s for farmers operating perennial plants and 
vineyard, are farmers entitled to government subsidies when buying agricultural 
machinery produced in foreign countries?  
 
Answer  
The Russian Federation has not provided domestic support for seedling. State suppo rt for building 
and modernization of wholesale distribution centres such as storage, pre -processing and first -
processing facilities is provided in the form of direct cost compensation subsidies. Under the 
Russian legislation it is not forbidden for agricul tural producers to use state support payments for 
purchasing agricultural machinery produced in foreign countries.  
 
Page 119, Para 4.23  
In January 2015, the Ministry of Agriculture increased the rate of federal subsidy for interest 
payments on short -term l oans to two thirds of the Central Bank's refinancing rate (14.68%), while 
the regional subsidy for interest payments on short -term loans stayed at between 20% and one 
third of the refinancing rate. As a result, the cost of short -term borrowing for agricult ural 
producers was 2 -5% in 2015, and the value of the subsidy increased, from R ub 9.8 billion in 2014 
to Rub 22.9 billion in 2015 (Table 4.5).  
The subsidy rate for loans for investments was increased to 100% of the refinancing rate in 2015. 
However, inves tment loans declined, leading to a fall in spending in 2015 compared to 2014 
(Table  4.5). Most investment lending is for modernization, horticulture, processing of protein 
crops, and the sugar industry.  
 
Question 55  
Are investment projects long -term loan p rojects? What is the federal government's 
subsidy proportion in the interest of investment loan? What is the subsidized interest of 
the investment loan? How does the federal policy of subsidized loan interest 
implemented? Are there designated special finan cial institutions operating them? What 
are the conditions for farmers and enterprises to obtain discounted loan? Is guarantee 
needed for the loans? Des the government provide guarantee for farmers and 
enterprises? If needed, how much is the rate of credit guarantee fee? Is there a cap for 
the discount amount of interest for individual farmer or enterprise applying for 
discounted loan? If so, how much is the upper limit?  
 
Answer  
Investment loans are granted for long term agricultural projects. The federal p olicy of investment 
loan interest rate support is implemented by the way of granting subsidies. Subsidized interest 
rate for investment loans is the volume of interest rate payments calculated by taking into account 
the amount of state support. The amount of subsidy for investment loan interest rate cannot 
exceed the actual costs of interest rate payments. Russian domestic support notifications 
demonstrate federal and sub -federal proportions in interest rate subsidies. In order to obtain this 
kind of suppor t agricultural producers should demonstrate economic effectiveness of the 
investment project and provide all relevant documents, including an application for a subsidy and a 
copy of credit contract aimed at purchasing agricultural machinery, construction a nd modernization 
of livestock farms, vegetables and fruits storage facilities, etc. Russian Federation does not provide 
institutional support in the sphere of agricultural loans. In agricultural l ending  there is no such 
support measure as state guarantees.   
 
Page121, Table 4.11 Subsidies for insurance premiums for livestock, 2013 -15  
 
Question  56 
The Federal governments investment proportion in insurance expenses for livestock and 
poultry increased from 74% in 2014 to 90% in 2015, while local governments 
investment proportion in this regard dropped from 26% in 2014 to 10% in 2015. What 
kinds of livestock and poultries are covered by the livestock and poultry premium 
subsidy? How is this premium subsidy operated? Are different kinds of livestock and WT/TPR/M/345/Add.1  
 
- 95 - 
 
  poultry s ubject to the same proportion of premium subsidy? How are the subsidy 
standards determined?  
 
Answer  
State support in the form of insurance premium subsidies for livestock could be applied to cattle 
(buffalos, bulls, bullocks, cows, yaks), goats, sheep, swi ne, horses, hinnies, mules, donkeys, 
camels, deer (marals, sika deer, reindeer), rabbits, fur -bearing animals, geese, turkeys, chickens, 
quails, ducks, guinea fowls, broiler chickens, bees families. This support measure takes the form of 
compensation of in surance premium cost calculated upon agricultural insurance contracts. If the 
competent authority decides to grant this kind of subsidies, it transfers the amount of 
compensation of insurance premium cost (50%) to insurance company. The proportion of 
insurance premium subsidy does not depend on the type of livestock and poultry.  
 
Page 135, Para 4.69   
In general, there are three different types of activity licenses for minerals and hydrocarbons: 
exploration; production; and combined.  
 
Question 57  
According to the current laws and policies in Russia, there is another particularly 
important regulation for oil and gas resources in the exploration stage. If the mining 
license holders have foreign capital involved in them and make great commercial 
discovery in th eir mine lot, which meets the standard for strategic oil and gas resources, 
the government can unilaterally decide the followings based on consideration of national 
security: 1) refusing to transfer the mining license into the mining license for 
developmen t and production (provided that the existing mining license is separated 
from the mining license for development and production); 2) terminating the right of the 
mining license (provided that the existing mining license is integrated with the mining 
licens e for development and production); 3) paying the mining license holders 
compensation signature fees, research and evaluation fees as well as bonuses for 
discovery, ranging from 25% to 50%. This regulation increases the uncertainty for the 
foreign investors  to obtain a block, and they may not obtain the exploration right.  
 
Does Russia plan to modify this regulation? For example, to conduct the national 
security review before the exploration license is issued, instead of after the exploration 
discovery. If t here is no modification plan, please provide detailed and clear -cut 
description of the specific factors of national security consideration.  
 
Answer  
According to the amendments to the Law of the Russian Federation "On subsoil" the appearances 
of the strate gic minerals as well as placer and technogenic deposits of diamonds and metals of the 
platinum group were excluded from the category of subsoil plots of federa l significance (Federal 
Law of 3 June 2016 No. 279 -FZ "On amending the Law of the Russian Federat ion "On subsoil").  
 
Earlier, the Law of the Russian Federation "On subsoil" provided the opportunity for the Russian 
subsoil users to carry out exploration and extraction of minerals on subsoil areas of federal 
significance until the completion of geologic al study. In this case the receipt of the decision of the 
Russian Government to start exploration and production is no longer required (Federal Law of 
29 December 2014 No. 459 -FZ "On amending the Law of the Russian Federation "On subsoil" and 
certain legis lative acts of the Russian Federation).  
 
Prior to the adoption of this amendment before the start of the extraction the completion of 
geological study of subsoil was required as well as obtaining the corresponding decision of the 
Government of the Russian Federation. Now this mechanism is preserved only in respect of 
companies under the control of a foreign investor and directly of foreign investors.  
 
Before that the amendments to the Federal Law of 29  April 2008 No. 57 -FZ "On the Order of 
Investing by Fore ign Persons in Companies Having Strategic Importance for the Ensuring of the 
Defence of the Country and the Security of the State" that provided for the increase in the 
threshold values of the criteria for the belonging of an economic entity -subsoil user i n subsoil 
areas of federal importance under the control of a foreign investor from 10% to 25% (the Federal 
Law of 16  November 2011 No. 322 -FZ "On amendments to Article 6 of the Federal Law "On 
Foreign Investment in the Russian Federation" and Federal Law " On the Order of Investing by WT/TPR/M/345/Add.1  
 
- 96 - 
 
  Foreign Persons in Companies Having Strategic Importance for the Ensuring of the Defence of the 
Country and the Security of the State".  
 
The Ministry of Natural Resources of Russia together with FAS of Russia carried out the wo rk on 
the harmonization of the provision of the legislation of the Russian Federation on subsoil, 
regarding the part of strategic investment in subsoil plots of the federal importance with the 
provisions of the Federal Law of 29  April 2008 No. 57 -FZ "On th e Order of Investing by Foreign 
Persons in Companies Having Strategic Importance for the Ensuring of the Defence of the Country 
and the Security of the State".  
 
This initiative is aimed at the provision of the legal guarantees of the usage by foreign inves tors of 
various forms of making investments in the territory of the Russian Federation subject to the 
restrictions established by the Fede ral Law and the Federal Law of 9 July 1999 No. 160 -FZ "On 
foreign investments in the Russian Federation".  
 
In addition , the Ministry of Natural Resources of Russia has developed the draft law establishing 
the Institute of prior consent for the provision on the right of use of subsoil areas of federal 
significance using a combined license.  
This draft law provides a mechani sm for the minimization of the risks of not receiving the right to 
use the outdoor subsoil plot for the exploration and extraction of minerals as well as risks of the 
termination of the right of subsoil use (in case of a combined license) expressed in the opportunity 
of obtaining in advance of the prior consent of the Government of the Russian Federation.  
 
Now at the Ministry there are the following ongoing issues aimed at further liberalization of the 
legislation requirements concerning the classification of deposits in a strategic category:  
1.  the harmonization of the legislation on subsoil and the legislation on foreign investments in 
strategic economic companies, in part of:  
 the unification of criteria (signs) of the location of a business entity - a subs oil user 
on subsoil areas of federal importance under the control of a foreign investor 
including in the transfer of the right to use subsoil plots of federal importance (the 
current version of the Law of the Russian Federation "On subsoil" establishes the  
threshold of 10% under the control of a foreign investor);  
 the correlation of terms "foreign investor participation" and "being under the 
control of a foreign investor".  
2.  the establishment of provisional guarantees for the right to use the subsoil for the  
exploration and extraction of minerals to a subsoil user who is under the control of a 
foreign investor and who conducts geological subsoil studies, the results of which lead to 
the opening of a deposit which by its characteristics meet the requirements o f a subsoil 
plot of federal importance.  
 
Now foreign investors have no such guarantees. It is obvious that the foreign investor will heavily 
invest in the exploration only if he/she has solid assurances that in the event of the discovery of a 
deposit fall ing under the criteria of subsoil plots of local importance, the right of its further 
development will be provided to him/her;  
3.  the increase of the criteria when subsoil plots are those of federal significance on the 
native gold from 50 to 250 ton nes. 
 
Question 58  
In accordance with relevant laws in Russia, foreign investors are prohibited to take the geological 
data for oil and gas out of the mainland of Russia. This will impact the research progress of foreign 
investors on relevant blocks and projects. Wi ll such restrictions be relaxed?  
 
Answer  
The Federal Law of 29  May 2015 No. 205 -FZ "On amending the Law of the Russian Federation "On 
Subsoil" and certain legislative acts of the Russian Federation" has been adopted, the provisions 
which established the F ederal state information system – the Unified Fund of the geological 
information on the subsoil provided to ensure the implementation of powers of the state bodies in 
the sphere of the regulation of relations of subsoil use, the operational access of stake holders to 
the data contained in the geological information funds of different levels (both federal and 
regional), the public authorities and their subordinate organizations, other profit and non -profit 
organizations.  
 WT/TPR/M/345/Add.1  
 
- 97 - 
 
  In this system the accumulation of al l of the available geological information on the subsoil is 
provided for, irrespective of the status of the owner of such information and the source of 
financing for its receipt, both the primary one (that is obtained directly while using of subsoil) and 
the interpreted (processed) one (in the form of geological reports, maps, and drawings).  
 
The information contained in the system is public, except for the information, access to which is 
restricted by the legislation (State secret or commercial secret).  
 
The right of the holder of the subsoil user is applied to the geological information received by such 
a subsoil user (including with the participation of a foreign investor or a foreign investor) from its 
own funds, and, thus, only this subsoil user has the  right to determine the conditions of the use of 
this information, including the right to limit the access to such information by third parties. The 
period of such restriction is now strictly regulated, namely, it is up to three years for the primary 
information and up to five years for the interpreted one. Upon the expiration of this period, the 
right of the holder of such information passes to the Russian Federation, and the information itself 
becomes publically available, except for the information, acce ss to which is restricted by the 
legislation (State secret or commercial secret). In any case, subsoil user has the right to use the 
geological information on subsoil which this subsoil user has received by his own means with the 
compliance of the Russian legislation.  
 
There no current plans on modification of current legislation in this field.  
 
Page 139, Para 4.88  
The Saint -Petersburg International Mercantile Exchange (SPIMEX) was the leading trading 
platform; small amounts were also traded on the Saint -Petersburg Exchange and the (presently 
defunct) Inter -Regional Exchange of the Oil and Gas Complex.  
 
Page 140, Para 4.99  
Trading in natural gas was launched on the Saint -Petersburg International Mercantile Exchange 
(SPIMEX) in October 2014. Some 7.5 billion  cubic metres of natural gas, representing about 1.7% 
of domestic consumption, were traded on the commodity exchange in 2015.  
 
Question  59 
1. What energy products are traded in the St. Petersburg International Exchange?  
2. Please introduce the establishment background, operation mode, trading modalities 
and future goals of the St. Petersburg International Exchange.  
 
Answer  
All information about the St. Petersburg  commodity exchange, which the Chinese side requests, is 
comprehensively reflected on the website  of the exchange  at: http://spimex.com/en/ . 
 
Page 149, Para 4.136  
The Russian Federation reserved limitations in mode 3 concerning incorporation and a maximum 
foreign equity cap of 49% for charter capital. According to the authorities, this requirement has 
been lifted.  
 
Question 60  
What are the main regulatory measures on foreign investment after the elimination of 
foreign equity ratio by the telecom department? Are there any other restrictive 
requirements on foreign -funded enterprises? If so, please specify. What is the current 
presence of foreign -funded enterprises in Russia's domestic telecom field?  
 
Answer  
In accordance with 57 -FZ entity that is included into the register created in accordance with 
Federal law "Abou t a protection of competition" and that is dominating in the communication 
market in the territory of Russian Federation (except for the Internet access services) should 
receive an authorization by the governmental bodies to excess share of foreign shareho lders. 
There were no refusal for the whole time this law is in force.  
 
Page 149, Para 4.138  
The legal regulation of these areas has changed over the last few years. In order to reform 
universal service to facilitate the construction of communication lines in remote and inaccessible WT/TPR/M/345/Add.1  
 
- 98 - 
 
  areas, Law No. 9 -FZ of 3 January 2014 "On amending the Federal law on communications" was 
adopted.  
 
Question 61  
1. Please introduce the present domestic general service mechanism in Russia. How well 
is the Amendment of Federal C ommunication Act  on the general service implemented?  
 
Answer  
In 2014 obligations to provide universal communication service have been imposed on 
Rostelecom. In 2015 Rostelecom has started the construction of the access points and necessary 
infrastructure.  The construction will be continued until 2020. At the moment more than 3  000 
access point are put into operation and more that 27 kilometers of fiber optic communication lines 
are built. The work is carried out in accordance with the schedule.  
 
2. Please  introduce other amendments made to the Federal Communication Act  in recent 
years. How is the implementation effect?  
 
Answer  
There were no other changes in the law "About communications" concerning the universal service 
after the 9 -FZ. 
 
Page 150, Para 4.1 40 
The Federal Agency on Press and Mass Communications (Rospechat), under the MTMC, provides 
subsidies on a competitive basis from the federal budget for the production of, inter alia, socially 
significant electronic and print media, television and radio p rogrammes, and television 
documentaries.  
 
Question 62  
1. Please further introduce the relevant policies and specific practices of the Federal 
Agency for Press and Mass Communications of Russia in providing subsidies to areas 
such as program production.  
2. Does the Federal Agency for Press and Mass Communications of Russia provide 
support or preferential policies to international co -production (shooting)? If so, please 
specify.  
 
Answer   
Federal agency of press and mass media annually provides governmental support to the socially 
significant projects of the electronic mass media on a competition basis in the presence of 
applications from interested organizations. Thus governmental support in 2016 is provided in 
accordance with decree No. 380 dated 25  Decembe r 2016 "About the organization of work on the 
provision of governmental support in the field of electronic means of mass media in 2016" and is 
provided for the entities registered in the territory of the Russian Federation.  
More detailed information can be  found on the Rospecht's website: 
http://www.fapmc.ru/rospechat/statements/support/grantingofstatesupport/item43.html  
 
Page 151, Para 4.149  
Simplified proce dures for the inauguration of networks were set in place on 1 January 2015 by an 
order of the MTMC.  
 
Question 63  
Please provide the specific content of the simplified procedures?  
 
Answer  
Last changes were the informative procedure of the bringing into use  of the radio electronic 
means, and removing of the requirements for obligatory expertise for non -critical elements of 
infrastructure. Allocation of the radio frequency spectrum is made only on the competitive basis. 
The possibility of use of the same radi o transmitters by several operators. The principle of 
technological neutrality is set for the mobile radio telecommunications. There is a possibility for the 
operator not to use the equipment for System for operational search actions if voice traffic is 
transmitted through the operator that has this equipment installed.  WT/TPR/M/345/Add.1  
 
- 99 - 
 
  Page 153, Para 4.160  
The main policy document is the Transport Strategy of the Russian Federation for the period up to 
2030. It sets out several objectives, including reducing the negative i mpacts of the transport 
system on the environment.  
The key instrument for the implementation of the Transport Strategy is the State Programme of 
the Russian Federation "On the development of the transport system.  
 
Question 64  
What measures has Russia take n to reduce the negative impact of the transport system 
on the environment? Is there any impact on trade due to these measures?  
 
Answer  
In the framework of this programme, the Russian Federation is aimed at the improvement of the 
transport system in the co untry. The main objectives of this programme include also the upgrading 
of fleet of vehicles that will meet more stringent environmental standards.  
 
The government of the Russian Federation has a policy of stricter environmental requirements for 
vehicles u nder this policy, and in accordance with the Technical Regulations No. 609 "On the 
requirements to blowout of motor vehicles which produce into circulation in the territory of the 
Russian Federation of harmful (polluting) substances" the environmental clas s Euro -5 has been 
introduced from 1 January 2016. Since that time, all vehicles that enter the in to the territory of 
Russia must comply with this environmental standard.  
 
From 1 January 2016 the production of motor spirit and diesel fuel in the territory of the Russian 
Federation is allowed only if it has an environmental class 5, and the production of motor spirit 
with lead additives is totally prohibited.  
 
The transition of motor vehicles to use fuel of environmental class 5 will allow reducing emissions  
to the environment, an average, by 2 times both due to applying of modern catalysts and reducing 
of fuel consumption.  
 
Question 65  
Do Russian Transport Strategy 2030 and State Programme provide fiscal, taxation and 
other preferential policies for transpor tation export? If so, please explain.  
 
Answer  
The Russian Transpor t Strategy for the period up to 2013 and State program me do not provide for 
fiscal, taxation preferential for transportation export.  
 
Page 154, Para 4.163  
Reforms have been designed to attr act investment, including private investment in the sector.  
 
Page 154, Para 4.165  
According to the authorities, the rail transportation system in the Russian Federation is a natural 
monopoly, subject to state regulation, including price regulation. Today,  in the absence of Russian 
Railways freight car park, the significance of adjustable tariff rates has decreased significantly.  
 
Question 66  
What are the main contents of these reforms? Are there any restrictions on foreign 
investors? What are the main sup ervisory measures adopted by Russia  on rail 
transportation?  
 
Answer  
The Programme of structural reform on the railway transport approved by the Resolution of the 
Government of the Russian Federation of 18 May 2001 No. 384 was implemented in 2001 -2010. In 
accordance with the Resolution of the Government of the Russi an Federation of 
18 September  2003 No.  585 "On the creation of open joint stock company "Russian Railways", 
PJSC "Russian Railways" has started its business activity.  
 
By 2010 the following resul ts of the reform were achieved:  
-  functions on the state regulation were separated from the functions directl y related to 
economic activity;  WT/TPR/M/345/Add.1  
 
- 100 - 
 
  -  the legal basis for the operation of the industry in the conditions of transition to the 
competitive market of rail way transpor t services had been determined;  
-  the provision of cargo and passenger transportation services was separated from the 
provision of infrastructure services, and the system of separate accounting of income and 
expenses of PJSC "Russian Railways" b ased on types of activities had been introduced 
allowing to reduce cross -subsidization between passenge r and freight transportation;  
-  the mechanism of state support of passen ger transport had been created;  
-  the new tariff system providing for the allocatio n of infrastructure, railcar, locomotive and 
railroad components in  the tariff had been developed;  
-  a competitive market of services of the rolling stock provision had emerged.  
 
As for today the market of railway transport services has two main segments.  
 
Natural monopoly segment includes the freight and passenger transportation by a long -distance 
and commuter railway transport.  The monopoly operator is PJSC "Russian Railways".  
 
The competitive segment is represented with services on the provision of railwa y rolling stock for 
freight railway transportation which is provided by the Russian operators of railway rolling stock 
and services of Russian car repair companies. These companies represent the operators who are 
organizationally distant from PJSC "Russian  Railways". According to the provisions of the Federal 
Law "On the Order of Investing by Foreign Persons in Companies Having Strategic Importance for 
the Ensuring of the Defence of the Country and the Security of the State" the activities of foreign 
compan ies in this sector may be restricted in accordance with the procedure for making the foreign 
investment stipulated by the present Federal Law.  
 
Page 156, Para 4.176 -4.178  
4.176. The Federal Air Transport Agency (Rosaviatsiya) oversees civil aviation in the  Russian 
Federation, provides government services and manages governmental property in the sphere of 
civil aviation, use of air space in the country, space platforms, governmental services in safety and 
security of transport, registration of aircraft and s crutiny of aircraft sales. The Federal Air 
Transport Agency reports to the MT.  
4.177. In its GATS commitments, the Russian Federation undertook limited commitments on air 
transport services, in respect of maintenance and repair undertaken on an aircraft o r part thereof 
when it is withdrawn from transport services. Mode 3 is subject to the requirement of 
incorporation in the country, and foreign participation in the charter capital of the juridical persons 
of the Russian Federation established before the da te of the Russian Federation's WTO accession 
must not exceed 25%.  
4.178. The main domestic airlines in the Russian Federation are Aeroflot - Russian Airlines, Sibir 
Airlines, Ural Airlines, Pobeda, Ut Air and Rossiya. Aeroflot Group is Russia's largest ai rline group 
and one of the largest in Europe. In 2015, the Group accounted for 36.7% of the Russian air -travel 
market, carrying 39.4 million passengers, of which 26.1 million flew Aeroflot Russian Airlines. PJSC 
Aeroflot is the Group's parent company. The Aeroflot Group services over 319 regular destinations 
in 54 countries, with Aeroflot Russian Airlines operating 133 regular routes across 52 countries. 
Aeroflot is a member of the SkyTeam  Alliance. The Russian Federation owns a majority (51.17%) 
stake in P JSC Aeroflot (through the Federal Agency for State Property Management). Of the 
remainder, around 41% is free -float owned by institutional and retail investors.  
 
Question  67 
Please elaborate on the aviation market access policy of Russia.  
 
Answer  
Market a ccess conditions of air transport in Russia are determined by bilateral Air transport 
Agreements between the Russian Federation and partners.  
1. Please introduce the civil aviation administration system and distribution of 
authority in Russia? What is the rel ationship between FATA and MT?  
 
Answer  
The Ministry of Transport of the Russian Federation  is a federal executive authority in the field of 
transport that carries out the functions regarding development of state policy in the field of civil 
aviation, airs pace usage, ensuring security in transport, the registration of rights to aircrafts. The WT/TPR/M/345/Add.1  
 
- 101 - 
 
  Ministry of Transport of the Russian Federation carries out coordination and control of activities of 
the Federal Air Transport Agency which is under the subordination  of the Ministry.  
 
The Ministry of Transport of the Russian Federation while implementing the obligations arising 
from the international treaties of the Russian Federation carries out the functions on the 
development of state policy and legal regulation as  the competent authority in the field of civil 
aviation, including as "aviation authorities".  
 
It independently adopts the following regulations in the following established field of activity:  
1. the rules for the transportation of passengers, baggage, cargo,  freight on the basis of and 
pursuant to the transport charters and codes;  
2. the rules of formation, application of tariffs, taking charges in the field of civil aviation and 
the rules of ticket sales, issuing freight invoices and other shipping documents;  
3. the ticket forms, baggage receipts and the bill of lading in civil aviation;  
4. the rules on the state registration and state accounting of civil aircrafts including the 
procedure for the application of state and registration identification marks of civil airc rafts 
and the procedure of applying trademarks on civil aircrafts;  
5. the terms of ensuring of accountability for damage to third parties and aircrafts.  
 
The Federal Air Transport Agency  (Rosaviatsia -FATA) is a Federal executive authority that 
performs the f unctions for government services provision and the management of state property in 
the area of air transport (civil aviation), usage of airspace of the Russian Federation, 
aeronavigation service of airspace users of the Russian Federation and aerospace sea rch and 
rescue, the functions on the provision of public services in the field of transport safety in this 
sphere as well as state registration of the rights to aircrafts and transactions with them.  
 
The Federal Air Transport Agency is under the subordinat ion of the Ministry of Transport of the 
Russian Federation.  
 
3. What is the policy of Russia for a third country (party) flight flying over its airspace? 
Are there timetables for the cancellation of flight compensation fees and cancellation of 
flight frequ ency restrictions?  
 
Answer  
The Russian Federation has not acceded to the International Air Services Transit Agreement of 
1944. Overflight conditions are specified in bilateral Air transport  Agreements.  
4. Please introduce the agreements on air transport c oncluded by the Russian 
Federation. With which countries have it signed Air Service Agreement (ASA)? And 
which of these agreements are of liberalization nature?  
 
Answer  
At present, there are signed around 146 bilateral Air transport Agreements  between the  Russian 
Federation and other countries.  
All agreements on air transportation are located on the website of the Federal Air Transport 
Agency  at: 
http:// www.favt.ru/dejatelnost -mezhdunarodnaja -dejatelnost -dvustoronnee -sotrudnichestvo/ . 
 
The Open Skies regime is valid with Armenia, Belarus, Moldova, the Ukraine. However at the 
present time the air traffic with Ukraine has been suspended.  
5. Does the Russia n government provide funding for public air services? Are there 
special taxation or fund for the construction and development of civil aviation? If so, 
please introduce the collection basis and standards, relief policies and scope of use.  
 
Answer  
With the  aim of ensuring the price affordability of air transport services there are 5 subsidy 
programmes implemented by the Government of the Russian Federation in 2016 aimed at the 
development of regional transportation of passengers by air transport.  WT/TPR/M/345/Add.1  
 
- 102 - 
 
  6. What su pport policies does the Russian government adopt on civil airport operation, 
regional aviation, international routes, general aviation, air cargo and energy -saving and 
emission reduction? Please give a brief introduction to the source of funding, the 
stand ards and methods of subsidization.  
 
Answer  
1. The programme for the subsidizing of regional air transportation in the territory of the Russian 
Federation and the formation of a regional route network of the Russian Federation (Decree of the 
Government of the Russian Federation of 25 December  2013 No. 1242).  
There are 115 routes included in the list of subsidized routes.  
 
2. The programme of the regional transport development in the Volga Federal District (Decree of 
the Government of the Russian Federation of 17 December 2013 No. 1168).  
 
Flights are operated in 29 routes.  
 
3. The programme for the subsidizing of transportation to ensure the accessibility of air 
transportation of passengers from the Far East to the European part of the country and back 
(Decre e of the Government of the Russian Federation of 29  December 2009 No. 1095).  
The period of flight operations is from 1 April to 31 October 2 016. Flights are operated in 
53 routes.  
 
4. The programme for the subsidizing of transportation to ensure the access ibility of air 
transportation of passengers from Kaliningrad to the European part of the country and back 
(Decree of the Government of the Russian Federation of 17  December 2012 No. 1321).  
 
The period of flight operations is from 15 May to 15 October 2016.  
 
5. The programme for the subsidizing of transportation to ensure the accessibility of air 
transportation of passengers to Simferopol and back (Decree of the Government of the Russian 
Federation of 29 April 2014 No. 388).  
 
The period of flight operations is from 1 June to 30 November 2016.  
 
7. Please give a brief introduction to the Russian airspace management system and 
operation mode of air traffic control.  
 
Answer  
The organization of the airspace usage of the Russian Federation is carried out on the bas is of the 
Air code of the Russian Federation and in accordance with the Federal rules of airspace usage in 
the Russian Federation approved by the Decree of the Government of the Russian Federation of 
11 March 2010 No. 138 as well as with federal aviation r egulations governing the matters of 
airspace usage planning and the organization of air traffic in the Russian Federation.  
 
The Ministry of Transport of the Russian Federation is a Federal executive authority in the field of 
transport carrying out the func tions on the development of state policy and legal regulation in the 
field of airspace usage and air navigation service of airspace users of the Russian Federation.  
 
The organization of the usage of the airspace of Russia and air navigation service of its users is 
provided by a Unified system of air traffic organization of the Russian Federation.  
 
The regulation on the Unified system of air traffic organization of the Russian Federation has been 
approved by the Decree of the Government of the Russian Federa tion of 28 August 2015 No. 901.  
 
The governing authority of the Unified system is the Federal Air Transport Agency.  
 
The operational authorities of the Unified system include the authorities of air traffic service which 
are structural divisions of the Fede ral state unitary enterprise "State Corporation for air traffic 
management in the Russian Federation" administered by the Federal Air Transport Agency.  
 WT/TPR/M/345/Add.1  
 
- 103 - 
 
  The Air traffic services are performed by the operational authorities of the ATM (Air Traffic 
Managemen t) system, including: 1 main centre and 7 zonal centres (2 of them have the right of 
the direct ATC (Air Traffic Control)), 26 regional centres and 3 auxiliary regional centres.  
 
The Federal state unitary enterprise "State Corporation for air traffic manag ement in the Russian 
Federation" ensures the provision of air navigation services on the area of over 26 million square 
kilometres (including land area of more than 17.2 million square kilometres). The total number of 
used air routes has reached 928, of wh ich there are 624 international air routes. The length of the 
air routes is more than 707 thousand kilometres, of which more than 542 thousand kilometres are 
international ones.  
 
There are more than one thousand aircrafts simultaneously under the managemen t. The total 
number of flights served by the ATM system has reached 1.4 million a year.  
 
8. What are the areas covered by air transport services? Please enumerate.  
 
Answer  
Air services include the following: air transportation services, aircraft repair an d maintenance 
services, selling and marketing of air transport services, computer reservation system services and 
other services which belong to air transport services in accordance with the international 
agreements between the Russian Federation and other  countries.  
 
9. Are there restrictions on foreign access to services in the field of civil aviation 
transportation, such as transportation aviation, general aviation, airports, air traffic 
control, aircraft maintenance, aviation ground services, aviation f uel, and computer 
reservation system? If so, what are the specific measures? Are there any plans and 
schedules for further opening up?   
 
Answer  
As for the general aviation, airports, aircraft maintenance, aviation and ground services, the share 
of foreign capital does not exceed 49%.  
Air traffic management is provided by the government entity.  
 
Page 157, Para 4.181  
Current plans suggest that by 2020 the number of foreign -invested hotels will increase by 118 new 
properties (23,450 rooms), amounting to 270 h otels (57,916 rooms) located in 54 towns and 
cities.  
 
Question  68 
What specific plan does the current plan refer to? What measures will be taken to 
achieve the goals in this plan?  
 
Answer  
The Order of the Government of the Russian Federation dated 31 May  2014 No. 941 -R approved 
the Strategy for tourism development in the Russian Federation for the period until 2020.  
The purpose of tourism development in the Russian Federation for the period until 2020 is the 
integrated development of domestic and inbound tourism taking into account the ensuring of 
economic, social and cultural progress in the regions of the Russian Federation.  
The implementation of this goal requires solving the following matters:  
  formation of affordable and comfortable tourist environmen t; 
  improvement in the quality and competitiveness of the tourist product of the Russian 
Federation in domestic and world markets;  
  implementation and strengthening of the social role of tourism including the development 
of social, medical rehabilitation, child, teenager and youth tourism;  
  advancing of the management system and statistical accounting in the field of tourism;  
  ensuring of economic growth and quality of life of population of regions of the Russian 
Federation as a result of tourism developmen t; WT/TPR/M/345/Add.1  
 
- 104 - 
 
    ensuring of comprehensive security in the field of tourism and sustainable development of 
the field of tourist services;  
  promotion of tourist product of the Russian Federation in domestic an d international tourist 
markets.  
The priority directions of d evelopment of tourism in the Russian Federation are the following:  
  development of domestic and inbound tourism;  
  unification of the quality of tourist services in the country, bringing them in line with 
international standards;  
  creation and development o f comfortable information tourist environment, including the 
system of tourist navigation, orientation signs, information about tourist resources and 
programmes of the regions;  
According to the target indicators of the above -mentioned Strategy, the number of hotels and 
similar accommodation facilities is expected to be 15 ,456 units at the end of 2020.  
The implementation of the Strategy is ensured by the consolidation of efforts and resources of 
state authorities in the tourism sector and related sectors at all levels, tour operators, tour 
agencies, organizations and persons that provide certain tourism services, educational institutions 
that prepare human resources in the field of tourism, transport and insurance companies and other 
participants of tourist a ctivities and civil society institutions through the integrated use of political, 
organizational, socio -economic, legal, special and other measures developed in the framework of 
strategic planning in the Russian Federation.  
Part II.  Questions based on Poli cy Statement by Russia (WT/TPR/G/345)  
 
Page 3, Para 2.3  
In 2015 - early 2016, the development of the Russian economy was negatively affected by the 
external factors. Deteriorating external economic environment together with anti -Russian trade 
sanctions hav e entailed serious consequences for the Russian economy, including the Rouble's 
depreciation, trade balance contracting, increased economic uncertainty, and tighter non -price 
lending conditions.  
 
Question 69  
How does Russia predict the trend of world crud e oil price? What substantive measures 
will be taken by Russia to expand infrastructure investment, especially in connection 
with the interconnectivity with its neighboring countries in order to promote the 
recovery of its economic growth?  
 
Answer  
Forecas t of the trend of world crude oil price is based on the "Scenario conditions, the main 
parameters of the forecast of socio -economic development of the Russian Federation and overall 
price (tariff) level on services of infrastructure sector companies for 20 17 and for the planning 
period of 2018 and 2019" elaborated by the Ministry of the Economic Development of the Russian 
Federation. In accordance with this document the basic and target scenarios predict world price 
levels on Urals oil as  US$40 per barrel, while the conservative scenario predicts price level at 
US$25 per barrel.  
 
As for the infrastructure investment f or the past ten years, the Government of the Russian 
Federation has been actively developing PPP frameworks and institutions, and improving the  
environment for PPPs. These efforts are aimed at creating better conditions and attract the private 
sector for the development of public infrastructure mainly in transport, energy, utilities, and social 
infrastructure.  
 
There are more than 1,300 projects in various stages of implementation, including 15 on the 
federal, 190 on regional, and 1,100 on municipal level. The bulk of the projects are concessions 
(around 85%).  
There are two key federal laws for the implementation of PPP proj ects in Russia: Federa l Law 
No. 115-FZ "On concession agreements" ( 21 July 2005) and Federal Law No. 224 -FZ "On public -
private partnership and municipal -private partnership in the Russian Federation" ( 13 July 2015). WT/TPR/M/345/Add.1  
 
- 105 - 
 
  The implementation of the latter, which entered into force on 1 January 2016, was aimed at 
facilitating private investment in infrastructure and increasing regulatory certainty among private 
investors.  
 
Both federal laws allow the implementation of PPP projects through unsolicited proposals. This 
mechanism allows pri vate partners to develop and propose a PPP project directly to the public 
partner. Consequently, costs can be reduced as the period of time for the consideration of a 
proposal is limited.  
 
Contractual system legislation allows a foreign legal entity enteri ng into a concession agreement, 
but according to PPP law foreign investors may be involved only through a Russian legal entity.  
 
Federal Law No. 224 -FZ simplified the financing of various PPP arrangements including build -
operate -transfer (BOT), design -build-operate -transfer (DBOT), build -own-operate (BOO), design -
build-own-operate (DBOO), build -own-operate -transfer (BOOT), design -build-own-operate -transfer 
(DBOOT), design -build-finance -operate (DBFO), and private finance initiatives (PFI). Federal Law 
No. 1 15-FZ regulates models such as build -transfer -operate (BTO) and design -build/reconstruct -
finance -operate (DBFO), and private finance initiatives (PFI).  
 
There are 13 subordinate legal acts adopted in the development of Federal Law No. 224 -FZ (e.g. 
legal acts on regulating the preparation of PPP projects, tender procedures, the procedure for 
evaluation of projects, and on managing the control and monitoring the implementation of PPP 
projects, etc.). Additional regulatory legal acts of the Russian Federation' s constituent entities and 
municipal legal acts regulate PPPs at the municipal level.  
 
The key positive effects of our continuously improved legislation in this area include the following:  
  Raising private investments in low margin projects by introducing a mechanism 
providing for the concessor paying to the concessionaire for the entire list of 
concession facilities;  
  Opening up possibilities for intensifying business, reducing expenses and time 
required to prepare a project and conduct tender procedures by providing private 
investors with an opportunity to enter into concession agreements on their own 
initiative;  
  Raising attractiveness of small bank projects by conducting a single tender for 
facilities located in the territory of more than one public leg al institution;  
  Safeguarding return on investments in heat and water supply systems by making 
respective amendments to legislation;  
  Allowing for possibility to pass newly constructed or reconstructed public 
infrastructure facilities into private ownershi p. 
 
Page 5, Para 3.12  
The share of APEC countries in Russia's trade in service amounts to about 12.5%. Among APEC 
countries, the USA takes the lead. During the period under review its' relative share amounted to 
about 5.7%.  
 
Question 70  
What is the proport ion of the service trade of traditional Chinese medicine in Russia's 
total trade in service, is there relevant statistical data?  
 
Answer  
From the point of view of statistics of balance of payments and cross -border movement of 
services, traditional Chinese medicine services are not included in the separate section. It can be 
assumed that they are covered by the General section "medical services", the details of which are 
given in the attached table.  
 
Page 5, Para 4.1  
The inclusion of Russian companies into t he global value chains is crucial for Russia's further 
integration into the multilateral trading system. Therefore, Russia's customs and tariff policy is 
aimed at attracting foreign direct investments into the Russian economy, and at the reduction of 
direct and indirect costs to the foreign economic activity participants. The customs and tariff policy 
of Russia is based on a tariff escalation principle.  
 WT/TPR/M/345/Add.1  
 
- 106 - 
 
  Question 71  
Please introduce the scope of products covered by tariff escalation. Please introduce the 
extent of tariff escalation for related products.  
 
Answer  
The principle of escalation of the Common Customs Tariff of the Eurasian Economic Union (CCT) 
envisage the establishment of lower duties on components and raw materials intended for the 
production of  finished products, and the establishment of higher import duties on the finished 
product.  
 
However, in cases of the absence of domestic production of similar products the lower rates of 
duties or even zero rates, especially with regard to high -tech equipm ent for the production of 
finished products with high added value, may be applied.  
 
For example, in order to improve the efficiency of pipe manufacturing by reduction of the cost of 
imported components in the cost of finished products the rate of duty on p olyethylene was 
temporary reduced from 6,5% to 0%. In the aircraft industry the duty on turboprop engines up to 
1100 kW for civil aircraft has been reduced to 0%.  
 
Question 72  
Does Russia have plans to lift these restrictions since the related practices ha ve 
increased the cost of getting rouble notes across the border. If so, please introduce the 
relevant plan and expected timetable.  
 
Answer  
There are no current plans on tariff escalation principle abolishment.  
 
Page 8, Para 4.29  
In 2011, the Russian Agenc y for Export Credit and Investment Insurance (EXIAR) was established 
for providing insurance of export credits and investments.  
 
Question 73  
How are the expert credit and investment insurance operated? How is the support 
provided to investors?  
 
Answer  
EXIAR was created in 2011 on the basis of standard Export Credit Agency (ECA) product range. 
EXIAR provides insurance towards coverage of political and commercial risks, as well as 
investment insurance against political risks. The operations and activities o f EXIAR are managed 
based on the commercial viability of each potential covered transaction, taking into consideration 
the credit worthiness and assessment of underlying transactions/buyers, against a charged 
insurance premium. To investors the support is provided through a standard insurance policy, 
covering losses caused by loss of investments due to political events. Russian companies address 
EXIAR with relevant potential investment projects and if they are feasible investment insurance is 
provided by EX IAR to the company.  
 
Page 8, Para 4.30  
In 2015, JSC Russian Export Centre was established in order to improve accessibility to and 
transparency of the state support for exporters using the "single window" mechanism.  
 
Question  74 
What does the single window  mechanism mean?  
 
Answer  
The Russian Export Center JSC was created to serve as a center of competence and a one -stop-
shop for the companies interested to enhance their export operations. For the initial, pre -export 
phase exporters need certain assistance and guidance, for instance, how to export, to obtain 
certificates, on relevant customs regulation. The concept is mostly to provide assistance for export 
creation.  
Financial support in the form of insurance from EXIAR or loans from the Eximbank of Russia is 
provided at a later stage, when exports actually take place.  
 WT/TPR/M/345/Add.1  
 
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  The Russian Export Center does not provide financial support in any form, including financing of 
any types of feasibility studies. It is only mandated to provide information and assistance to  export 
orientated companies through non -financial measures.  
 
Page 8, Para 4.31  
For the purpose of extending export financial support, a program of subsidization of interest rates 
on credits provided by the Russian Export -Import Bank (Roseximbank) was laun ched. Such credits 
are provided mainly to the medium -sized companies.  
 
Question  75 
Please elaborate on the specific contents of the program of subsidization of interest rates on 
credits. How well is the program implemented now? How many companies are subs idized? Are 
only the small and medium enterprises subject to the corresponding subsidies?  
 
Answer  
Eximbank of Russia can offer the classic interest make -up scheme. The full set of goods and 
services eligible for such support is stipulated by the Decree of the Ministry of Industry and Trade 
of the Russian federation No. 1809 of 2 July  2015. The decisions on provision of individual loans 
under this programme are taken by the Bank, however they are subject to approval by the 
Ministry of Industry and Trade of t he Russian Federation. The programme sets no limitation to size 
of the business of the high -tech company applying for it.  
 
Page 9, Para 4.36  
Between 2012 and 2015, in order to create favorable investments conditions, Russia has signed 
bilateral investment treaties with Nicaragua, Zimbabwe, Uzbekistan,  Guatemala, Bahrain, 
Azerbaijan, Cambodia, Iran and Morocco. To date, Russia has signed 81 agreements, 64 of which 
have come into force.  
 
Question 76  
What advantages do bilateral investment treaties generate t o the members states?  
 
Answer  
In accordance with the Russian current approach IPPAs contain , in particular : 
 provisions on national treatment and MFN treatment with exemptions ;  
 guarantees in case of expropriation (can be carried out only for a public purpo se; in a  
 non-discriminatory manner; on payment of prompt, adequate and effective 
 compensation) ; 
 rules for compensation  of losses  (relating to war or other armed conflict, civil strife, etc.) ;  
 provisions on free transfer of payments ; 
 dispute settlement p rocedures.  
 
Page 9, Para 4.37  
A prerequisite for attracting investment into the economy is a favorable investment environment 
that can be stimulated through the implementation of "roadmaps". More than 400 legal acts, 
including 85 federal laws, were adopted  and implemented within the framework of roadmaps, 
followed by a real positive effect confirmed by the entrepreneurs.  
 
Question  77 
Please introduce the roadmap formulated by the Russian Federation and local 
governments to attract investment. What are the subsequent supporting policies?  
 
Answer  
To considerably improve business environment in five areas of business regulation on the basis of 
the best international practices, according to the World Bank's Doing Business, the project "New 
Quality of Entreprene urial Environment" is being developed. The project provides for implementing 
targets and models for regulating the entrepreneurial activity and completion of the required 
procedures by entrepreneurs.  
 
The target models set out the course of action to be fo llowed by entrepreneurs ("to -be state") and 
provide for simplified procedures, as well as reduced timeframe and lower costs required to follow 
them in the following five areas: trading across borders (export and import procedures), dealing 
with constructio n permits, getting electricity, starting a business, and registering property.  WT/TPR/M/345/Add.1  
 
- 108 - 
 
  The target models provide for the following:  
As related to construction: by the end of 2016, special services will be offered for developers in 
Moscow – the so called "procedure  calculating tool" and a one sto p electronic shop. By 
September  2016, the share of online services available to constructors will grow from 43% to 
86%. From the beginning of 2017, the interdepartmental communication between the state 
authorities will be ca rried out electronically, which will enable to reduce the time required to 
perform the urban planning procedures down to 129 days.  
 
As related to getting electricity: starting in 2017, an online procedure for connecting the business 
to electricity grids ( 15-150 kW) will be available in Moscow and Saint Petersburg. All the 
procedures will take only 90 (rather than 135) days. Each entrepreneur will be able to sign the 
connection agreement remotely and to pay for it with a bank card.  
 
As related to starting a business: starting in 2017, clients of Sberbank, VTB 24 and other banks 
will be able to open an account and, at the same time, register a business via the Internet from 
anywhere globally and just in four days. On the fourth day, a legal entity registrati on certificate, 
certificate of registration with the tax authority, and details of the current account will be sent to 
their email and they will become entrepreneurs.  
 
As related to registering property: the time required to register the property will be r educed from 
10 to 7 days. In addition, we are planning to increase the share of documents submitted to the 
Federal Service for State Registration, Cadastre and Cartography (Rosreestr) in an electronic form, 
and to expand the practice of e -registration by e liminating the need for the applicant's personal 
contact with the registering body.  
 
As related to export and import operations: by the end of 2016, Big port Saint Petersburg plans to 
introduce a practice of starting unloading of vessels before the examina tion conducted by the state 
authorities is complete. Advance declarations are expected to be widely used by entities engaged 
in foreign economic activity. This, together with the customs authorities notifying importers of the 
plans to exercise state contro l procedures in the port, will accelerate the clearance of goods. In 
addition, we are expecting that 94.5% of imports and 99% of exports will be released without an 
examination by customs authorities. In 2017, automatic registration of submitted export and  
import declarations will become available, and the remote customs clearance procedure is 
expected to be implemented in full.  
 
Page 9, Para 4.38  
Since 1994 the Foreign Investment Advisory Council (FIAC) has been successfully operating in 
Russia.  
 
Question  78 
What kinds of support are provided to foreign investors by FIAC? Does FIAC provide 
support to all countries or just its members? How to become its member and obtain its 
support?  
 
Answer  
The Foreign Investment Advisory Council was established in 1994 as  a result of the combined 
efforts of the Russian government and foreign businesses to improve the investment climate in 
Russia.  
 
The key task of the council is to assist Russia in forging and promoting a favorable investment 
climate based on global expert ise and the experience of international companies operating in 
Russia.  
 
FIAC functions on the basis of direct dialogue between the chief executives of investor companies 
and the Russian government, with a focus on the crucial aspects of fostering a health y investment 
climate.  
 
The council is chaired by the Russian Prime Minister and includes 54 international companies and 
banks: 3M Company;  ABB Ltd. ; Abbott Laboratories ; Alcoa Inc. ; AstraZeneca ; BASF SE ; Bayer AG ; 
BP; BAT; Cargill, Inc. ; Carlsberg Breweri es A/S ; Danone ; Deutsche Bank AG ; The EBRD ; ENEL 
S.p.A. ; ENI S.p.A. ; EY; Exxon Mobil Corporation ; Fortum Corporation ; Henkel AG & Co. KGaA ; 
Hyundai Heavy Industries Co., Ltd. ; International Paper ;Kinross Gold Corporation ; LafargeHolcim ; WT/TPR/M/345/Add.1  
 
- 109 - 
 
  Leonardo -Finmeccani ca; Mars, Incorporated ; METRO AG ; Mitsubishi Corporation ; Mitsui & Co., 
Ltd.; Mond elez International, Inc.;  Nestlé  S.A.; Novartis AG ; Olam International Limited ; PepsiCo ; 
Procter & Gamble Company ; Royal Dutch Shell plc.  ; Saint-Gobain ; Samsung Electronics Co., Ltd. ; 
SANOFI, SCA ; Schneider Electric SA ; Siemens AG ; Société Générale Group ; SOLVAY Group ; SUN 
Group ; Takeda Pharmaceutical Company Limited ; Telenor Group ; Tetra Pak ; The Coca -Cola 
Company ; Total S.A. ; UniCredit ; Unilever ; Uniper and The World Bank. Throughout the year FIAC 
focuses its efforts on major Russian economic and industry sectors covered by relevant working 
groups:  
• technical regulations and elimina tion of administrative barriers;  
• improvement of tax law;  
• improvement of customs law;  
• financial institutions and capita l markets;  
• trade and consumer sector;  
• health care and pharmaceuticals;  
• localization ;  
• efficient use of natural resources in Russia ;  
• image of Russia ;  
• energy efficiency ;  
• innovation development ;  
• development of Far East and Siberia.  
 
The working groups are composed of FIAC member company officials and the heads of the 
ministries and agencies concerned. They hold regular meetings during the year, the main goal of 
which is to develop specific actions and recommendations on the key issue s of the Russian 
economy.  
 
FIAC holds annual sessions with the government to discuss priorities in investment policy, analyze 
possible amendments for the resolution of current issues and identify measures for coordinated 
improvement of the investment envi ronment, considering the interests of all parties involved.  
 
In December 2009 the Chairman of FIAC, Russian Prime Minister proposed and the Council 
adopted new tasks and principles of FIAC to meet the challenge of converting the Russian 
economy to innovat ion-based development.  
 
For this purpose, FIAC's activities have been regulated by Decree No. 1141 of the Government of 
the Russian Federation of 9 December 2009. Thus FIAC started working in a new format, with two 
main work streams:  
• assistance in resolv ing specific issues encountered by foreign investors in their 
relations with federal executive bodies and executive bodies of constituent entities 
of the Russian Federation;  
• expert support of priorities in work of the government, including the regulatory and 
legal framework.  
 
Twenty -ninth session of FIAC has been the latest one and held in Moscow on 19 October  2015. It 
has adopted FIAC's priorities for 2016 as follows:  
• administrative ba rriers and technical regulation;  
• improvement of customs law;  
• financia l institutions and capital markets ;  
• trade and the consumer sector ;  
• energy efficiency;  
• health care and pharmaceuticals ;  
• localization of production in Russia ;  
 
FIAC also plans to be active in such areas as "Natural Resources ", "Development of the Far Eas t 
and Siberia ", "Innovative Development ", "Improvement of tax law ", and "Improvement of Russia's 
Investment Image ". During the year, from one plenary session to another one FIAC's activities are 
coordinated by its Executive Committee, comprising the heads of working groups and chaired by 
the Minister of Economic Development. The Executive Committee plays an important role in 
coordinating FIAC's activities. At committee meetings, the most critical issues are discussed: 
FIAC's involvement in measures to engag e investors in Russia's real economy sector and securities 
market, preparation of decisions and follow -ups on decisions made at FIAC sessions and matters 
related to the rotation of FIAC members.  WT/TPR/M/345/Add.1  
 
- 110 - 
 
  FIAC's membership is continuously updated. Members are rotat ed in accordance with the 
"Regulation on FIAC Member Rotation ", which establishes the principles of FIAC membership and 
the procedure for accepting and removing members.  
 
To become the member of FIAC the investor must send the appeal to the Ministry of eco nomic 
development of the Russian Federation. The appeal will be considered on the rotation commission 
which is held one time a year.  
 
Page 9, Para 4.39  
 
Question  79 
Please explain standstill in tax conditions? What will it be like after 2018?  
 
Answer  
In the tax system of Russia besides the general tax regime 5 special tax regimes apply, including: 
as for agricultural producers - the system of taxation for agricultural producers (the unified 
agricultural tax (Chapter 26.1 of the Tax Code of the Russian Feder ation);as for small business, - 
the simplified taxation system, the taxation system in the form of unified tax on imputed income 
for certain types of activities and patent taxation system (Chapters 26.2, 26.3, 26.5 of the Tax 
Code of the Russian Federation );in the sphere of subsoil use, - the taxation system while 
concluding Production sharing agreements (Chapter 26.4 of the tax code). The specified general 
and special tax regimes are annually improved by making changes and additions to them by 
Federal laws . With regard to the abolition of special tax regimes, from 2021 it is envisaged to 
abolish the system of taxation in the form of a unified tax on imputed income for certain types of 
activities which should be replaced by the patent system of taxation. In 2017 the part two of the 
Tax Code will be added by Chapter 34 "Insurance premiums".  
Page 9, Para 4.37  
A prerequisite for attracting investment into the economy is a favorable investment environment 
that can be stimulated through the implementation of roadm aps. More than 400 legal acts, 
including 85 federal laws, were adopted and implemented within the framework of roadmaps, 
followed by a real positive effect confirmed by the entrepreneurs. As an example of recent 
developments in this context, a "roadmap" on  improvement of corporate management was 
enacted by the Government of the Russian Federation on 25 June 2016.  
 
Question 80  
What is the background for publishing the latest roadmap for improving corporate 
management? What are the main contents? What is the  relationship between this 
roadmap and the laws and regulations under the investment policy framework 
mentioned above?  
 
Answer  
The development of the improvement of corporate management roadmap has been carried out in 
order to improve the corporate governa nce in the business entities of Russia in protecting the 
rights of the minority investors. The activities undertaken under the roadmap will allow to improve 
the transparency of the structure of ownership by Russian public joint -stock companies, to provide 
the high level of protection of rights and legitimate interests of the minority shareholders 
(participants) of economic societies in transactions with conflict of interests, as well as in case of 
the reorganization or the increase in the charter capital an d the concentration of the significant 
shareholdings in the hands of the same persons, to resolve issues of control over the financial and 
economic activity of the society and over the responsibility in cases of causing losses to the 
company and to protect  the shareholders' rights for dividends and submissions of claims in the 
public interest, to extend the right of access of the members of the Board of Directors to 
meaningful information as well as to improve the effectiveness and transparency of the 
manag ement of companies including in the public sector.  
 
Page 11, Para 4.47  
Formation of a catalogue for procurement of goods, works and services for the state and municipal 
needs, which will form a basis for the system of price references for goods, works and services.  
 WT/TPR/M/345/Add.1  
 
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  Question 81  
What kinds of goods, services and programs are mainly included in this catalogue? What 
is the formulating basis?  
 
Answer  
In accordance with the Resolution of the Government of the Russian Federation, the Ministry of the 
Economic Dev elopment has developed the project of the Decree of the Russian Federation "On the 
establishment of the procedure for the formation and maintaining in the unified information 
system in the field of procurement of catalogue for goods, works and services for  the state and 
municipal needs as well as on the rules for using such catalogue".  
 
In the framework of the draft of the Decree, the catalogue for goods, works and services for the 
state and municipal needs means the subsystem of the unified information sys tem in the field of 
procurement that provides the formation, maintenance, storage and usage of patterns of 
description of goods, works, services, systematized by codes which are formed on the basis of the 
Russian classifier of products by types of economic  activities (OKVD2) OK 034 -2014 (KPES 2008).  
According to the provisions of Article 23 of the Federal Law No. 44 -FZ of 5 April 2013 "On the 
contractual system in the field of procurement of goods, works and services for ensuring state and 
municipal needs",  the formulation and the maintenance in the unified information system in the 
field of procurement of catalogue for goods, works and services for the state and municipal needs 
should be guaranteed from 1 January 2017.  
 
Page 11, Para 4.50  
Provisions of the Federal Law No. 187 -FZ dated 3 July 2013 "On Amendments to Certain 
Legislative Acts of the Russian Federation on the Protection of Intellectual Property Rights in 
Information and Telecommunications Networks" and the Federal Law No. 364 -FZ dated 
24 November  2014 "On Amendments to the Federal Law "On Information, Information 
Technologies and Protection of Information" and the Code of Civil Procedure of the Russian 
Federation make up anti -piracy legislation providing for both a judicial mechanism to restrict 
access to illegally posted objects of copyright and related rights on the Internet (except 
photographic works), and extra -judicial mechanism for restricting access to content.  
 
Page 11, Para 4.52  
Simultaneously, the Fourth Part of the Civil Code was supple mented with Article 1253.1 regarding 
the responsibility of an information intermediary providing the possibility of placing the material in 
the information and telecommunication network.  
 
Question 82  
1. Please introduce the main institutional stipulations  on intellectual property protection 
over the internet and information and communication management in the relevant laws 
and the law of protecting federal information, information technology and information 
protection. What amendments have been made to the se laws in recent years and how 
well have they been implemented.  
 
2. Please introduce the role of industry management departments like the Information 
and Communication Management Agency in the judicial mechanism and non -judicial 
mechanism of Russia.  
 
3. What kinds of body do the intermediaries specified in the Civil Code  refer to , and what 
are their specific responsibilities?  
 
Answer  
1. Article 15.2 of the Federal Law of 27  July 2006, number 149 -FZ, "On Information, Information 
Technologies and Informatio n Protection" provides for a judicial mechanism to prevent access to 
information which is distributed with the infringement of copyright a nd (or) related rights (since 
1 August 2013 the mechanism had been applied only to films and movies; since 1 May 2015 the 
law has been extended to all the objects of copyright and related rights, except for works of 
photography).  
 
In accordance with the provisions of this Article, in case of detection certain objects of copyright 
and (or) related rights (except photograp hic works and works obtained by methods similar to 
photography) in the information and telecommunication networks, or detection of information WT/TPR/M/345/Add.1  
 
- 112 - 
 
  needed to obtain them through such networks, being distributed without the right holder's 
permission or other leg al basis, the rightholder have the right to apply to the federal executive 
body exercising functions of monitoring and supervision in the sphere of mass media, mass 
communications, information technology and communications with a statement calling for 
meas ures to restrict access to information resources distributing such films or information on the 
basis of the judicial act came into force.  
 
The competent authority identifies the provider that placed the resource containing information 
infringing the exclus ive rights on the Internet, and sends the provider a notice of infringement of 
intellectual property rights. Based on such notice the hosting provider shall inform the site owner 
who is obliged thereby to remove immediately the illegally posted information  or to take measures 
to restrict access to such information. If the site owner fails to do so the provider shall restrict 
access to the relevant information resources, and if this does not happen, access shall be limited 
by the telecom provider.  
 
Article 1 5.7 of the Federal Law No. 149 -FZ provides for an extra -judicial mechanism to prevent 
access to information distributed with the infringement of copyright and (or) related rights (in 
force since 1 May 2015).  
 
If the rights holder detects a site on the Inte rnet that posts any information that contains the 
objects of copyright and (or) related rights, or the information needed to obtain them without the 
right holder's permission or any other legal ground, the right holder shall have the right to send to 
the site owner a statement on infringement of copyright and (or) related rights. Such statement 
shall meet the requirements established by law. Within 24 hours of receipt of such statement the 
site owner shall be obligated to remove the illegally posted informa tion. The site owner have the 
right not to take such measures if evidence is available to support the appropriateness to post 
such objects of copyright and related rights or the information needed to obtain them using the 
Internet. In this case, the websit e owner shall be obligated to send the applicant a notice with the 
relevant evidence.  
 
Article 15.6 of the Federal Law No. 149 -FZ provides for the possibility to block the web site on the 
basis of a court decision if it is found that information containing  objects of copyright and (or) 
related rights were posted unlawfully and repeatedly at this site (effective since 1 May 2015).  
 
The above -mentioned provisions of the law have made it possible to reduce online piracy 
significantly, but Russia continues to w ork on new initiatives to toughen up the rules of anti -piracy 
legislation.  
 
2. As part of the judicial mechanism for termination of copyright and (or) related rights 
infringements on the Internet on the basis of the rights holder's application and a judici al act that 
has entered into force, the Federal Service for Supervision of Communications, Information 
Technology and Mass Communications shall take measures to restrict access to the relevant 
information resources.  
 
The Service for Supervision of Communi cations, Information Technology and Mass 
Communications shall identify the provider that placed the resource containing information 
infringing the exclusive rights on the Internet, and sends the provider a notice of infringement of 
intellectual property ri ghts. Based on such notice the hosting provider shall inform the site owner 
who is obliged thereby to remove immediately the illegally posted information or to take measures 
to restrict access to such information. If the site owner fails to do so the provi der shall restrict 
access to the relevant information resources, and if this does not happen, access shall be limited 
by the telecom provider.  
 
The Federal Service for Supervision of Communications, Information Technology and Mass 
Communications does not t ake part in the extra -judicial mechanism for terminating infringements 
of copyright and (or) related rights on the Internet as the right holder addresses a statement 
urging the removal of information placed illegally directly to the site owner.  
 
3. In acco rdance with paragraph 1 of Article 1253.1 of the Civil Code a person/entity performing 
the transfer of the material in the information and telecommunications network, a person/entity 
providing the possibility to place the material or information necessary to retrieve it using 
information and telecommunications networks, as well as a person/entity providing the access to WT/TPR/M/345/Add.1  
 
- 113 - 
 
  the material in this network, shall be recognized as information intermediaries. Information 
intermediaries shall be liable for intellectua l property rights infringement in the information and 
telecom networks in accordance with general practice if found guilty.  
 
Part III. Other Questions  
 
Question 83  
No. 1472 -p Decree Resolution Change of the Russian Federal Government by t he Russian 
Federal Government on 28 July 2015  
Specific description: localization rate indexes on main and auxiliary power generation 
facilities of renewable energy power stations  
1. Please provide the basic information of renewable energy power stations (m ainly 
referring to wind power and solar power stations) which have been put into operation 
and their localization rate in Russia.  
2. Will Russia consider lowering the requirements for the localization rate of renewable 
energy power stations in Russia in th e next five years?  
3. What subsidy policies does Russia now have for wind power and solar power 
stations?  
 
Answer  
At present the total capacity of generation facilities based on renewable energy is 2.3 GW of which 
about 430 MW is accounted for solar power station and 110 MW for wind power station. Within the 
framework of renewable energy development six new power stations based on solar generation 
were opened in 2015. The largest ones are Orsk solar power station, Batagayskaya solar power 
station, Abakan so lar power station, Buribaevskaya solar power station.  
In 2013 the Government of the Russian Federation adopted the renewable energy sources (RES) 
support program on the wholesale market. The RES support program on the wholesale market 
includes competitive selection of the investment projects in respect of construction of generating 
facilities based on three technologies: wind power, solar energy and hydropower (small 
hydropower plants under 25 MW) and conclusion of treaties on power supply to the wholesale 
market.  
According to the results of competitive selections of the RES in 2013 -2016 120 RES generating 
facilities with total power amounting to 2 ,055,64 MW were selected. Around 306,5 billion rouble s 
of private investments were attracted. Today 5 generatin g facilities which operate on the basis of 
solar power with total power of 60,2 MW are operating. In 2016  22 RES with total power of 
279 MW are expected to start to operate.  
 
Question 84  
1. The ranking of Russia in the business environment of World Bank ri ses fast, and the 
objective is to ascend to top 20 by 2020. What measures has been or will be taken by 
Russia for this purpose?  
 
Answer  
At the moment, some instruments intended to assist investors have been developed. One of them 
is public -private partners hip (PPP) projects instrument.  
 
In the Russian Federation, PPP projects are regulated by Federal Law No. 115 -FZ "Concerning 
Concession Agreements" and Federal Law No. 224 -FZ "Concerning the Public -private Partnership in 
the Russian Federation and Amending Certain Acts of the Russian Federation" that became 
effective on 1 January 2016.  
 
The key positive effects of our continuously improving legislation in this area include the following:  
  raising private investments in low margin projects by introducing a m echanism providing 
for the concessor paying to the concessionaire for the entire list of concession facilities;  
  opening up possibilities for intensifying business, reducing expenses and time required to 
prepare a project and conduct tender procedures by p roviding private investors with an 
opportunity to enter into concession agreements on their own initiative;  
  raising attractiveness of small bank projects by conducting a single tender for facilities 
located in the territory of more than one public legal i nstitution;  
  safeguarding return on investments in heat and water supply systems by making 
respective amendments to legislation;  WT/TPR/M/345/Add.1  
 
- 114 - 
 
    allowing for the possibility to pass newly constructed or reconstructed public infrastructure 
facilities into private ownershi p.  
 
Another new instrument envisaged by the Russia's industrial policy is the special investment 
contract (SPIC).  
 
SPIC is available to any company involved in transferring state -of-the-art technologies into 
industry and interested in localizing technolog ical processes.  
The investor who has signed a SPIC and will carry out an investment project in Russia is 
guaranteed to be provided with state initiatives throughout the term of the contract (up to 10 
years).  
 
Currently, special emphasis is placed on protec ting investors.  
 
To address the challenges  faced by entrepreneurs, including those related to illegal actions 
committed against them, the Business Ombudsman, who is especially empowered to protect 
entrepreneurs' interests in dealing with the state authorit ies, was appointed in 2012.  
 
In addition, the work on liberalizing criminal legislation on entrepreneurial activities is being 
conducted. For example, amendments to the legislation are now being considered to raise the loss 
threshold for criminal charges, and provide broader opportunities to avoid criminal prosecution for 
first-time offenders who have repaired the damage and paid the respective fine.  
 
To create favorable conditions for investments and encourage opening of new non -commodity 
productions, inc luding export -oriented, the special advanced development zones (ADZ) were 
created in the territory of the Russian Federation.  
 
The functioning of ADZs is regulated by the Federal Law of 29 December 2014 "On Advanced 
Development Zones in the Russian Federat ion" No. 473 -FZ. 
The key idea of ADZs is to create favorable working conditions for residents as compared to similar 
development zones in other countries.  
 
These conditions include, but are not limited to, establishing a special legal regime for 
entreprene urial activities, e.g.:  
- Tax exemptions ; 
- Lower insurance contribution rates;  
- Preferred acce ss to infrastructure facilities;  
- Lower real estate rent rates available to ADZ residents ; 
- Free customs zone , etc. 
 
In addition, this legislation provides fo r certain measures for accelerated construction and 
development of ADZ infrastructure.  
The legislation provides for:  
  a specific urban planning procedure related to the construction of infrastructure facilities in 
the ADZs, including the simplified procedu re for preparing and a pproving ADZ planning 
documents;  
  a specific procedure for conducting the environmental impact assessment of the design 
documentation of facilities required to build the ADZ infrastructure – within 45 days, whic h 
is the shortest term possible;  
  a specific procedure for taking away, reserving, and providing land plots and (or) 
immovable properties located on these land plots for placin g ADZ infrastructure facilities;  
  a specific procedure for creating easements over land plots meant for  locating and using 
facilities required to build the ADZ infrastructure. The Federal Law sets out the purposes 
of, as well as the procedure, grounds, and shortened timeframe for creating easements 
without conducting public consultations;  
  a specific proced ure for the use of forests to locate ADZ infrastructure facilities allowing for 
selective and clear cutting of forest areas (except in instances stipulated by the Forestry 
Code of the Russian Federation and other Russian laws).  
 
It is estimated  that will a ttract more than R ub 600 bn in private investments in the Russian Far 
East alone and will generate not less than 37,000 new jobs in 10 years the ADZs.  
 WT/TPR/M/345/Add.1  
 
- 115 - 
 
  The project "New Quality of Entrepreneurial Environment" is being developed for the purposes to 
consider ably improve business environment in five areas on the basis of the best international 
practices, according to the World Bank's Doing Business,. The project provides for implementing 
targets and models for regulating the entrepreneurial activity and comple tion of the required 
procedures by entrepreneurs.  
 
The target models set out the course of action to be followed by entrepreneurs ("to -be state") and 
provide for simplified procedures, as well as reduced timeframe and lower costs required to follow 
them in  the following five areas: trading across borders (export and import procedures), dealing 
with construction permits, getting electricity access, starting a business, and registering property.  
 
The target models provide for the following:  
As related to cons truction: by the end of 2016, special services will be offered for developers in 
Moscow – the so called "procedure calculating tool" and a one stop electronic shop. By September 
2016, the share of online services available to constructors will grow from 43 % to 86%. Starting 
from 2017, the interdepartmental communication between the state authorities will be carried out 
electronically, which will enable to reduce the time required to perform the urban planning 
procedures down to 129 days.  
 
As related to get ting electricity: starting from 2017, an online procedure for connecting the 
business to electricity grids (15 -150 kW) will be available in Moscow and Saint Petersburg. All the 
procedures will take only 90 (rather than 135) days. Each entrepreneur will be able to sign the 
connection agreement remotely and pay for it by a bank card.  
 
As related to starting a business: starting from 2017, clients of Sberbank, VTB 24 and other banks 
will be able to open an account and, at the same time, register a business vi a the Internet from 
anywhere globally within a period of four days. On the fourth day, a legal entity registration 
certificate, certificate of registration at the tax authority, and details of the current account will be 
sent to their email and they will r eceive a status of entrepreneurs.  
 
As related to registering property: the time required to register the property will be reduced from 
10 to 7 days. In addition, it is plannedto increase the share of documents submitted to the Federal 
Service for State Reg istration, Cadastre and Cartography (Rosreestr) in an electronic form, and to 
expand the practice of e -registration by eliminating the need for the applicant's personal contact 
with the registering body.  
 
As related to export and import operations: by the end of 2016, Big port Saint Petersburg plans to 
introduce a practice of starting unloading of vessels before the examination conducted by the state 
authorities is complete. Advance declarations are expected to be widely used by entities engaged 
in foreign economic activity. This, together with the customs authorities notifying importers of the 
plans to exercise state control procedures in the port, will accelerate the clearance of goods. In 
addition, we are expecting that 94.5% of imports and 99% of exports  will be released without an 
examination by customs authorities. In 2017, automatic registration of submitted export and 
import declarations will become available, and the remote customs clearance procedure is 
expected to be fully implemented.  
 
One of the measures is also a consistent implementation of the Action plan adopted by the Order 
of the Government of 30 June 2012 "On improvement of access to energy infrastructure" 
No. 1144-R (hereinafter –Roadmap) which facilitated technological connection to netwo rks. The 
Russian Federation made significant progress in the area of access to energy infrastructure as 
reflected by the comprehensive rating report prepared by the World Bank (Doing Business).  
 
A number of legislative acts has been prepared by the intere sted bodies of executive power aimed 
at overall improvement in the technological connection to power networks since the adoption of 
the Roadmap and within its framework, which enabled the Russian Federation to make a good 
progress in the Doing Business ran king.  
 
Particularly, the improvement of access to energy infrastructure was achieved in 2015 within the 
Roadmap framework due to reducing excessive approvals of connections to electric energy supply 
grids as well as the reduction of fee paid by applicants  (capacity up to 150 kW inclusive) for the 
technological connection. Thus, in the recent years we can observe a steady improvement trend in 
technological connection to power networks, which is particularly expressed in increasing WT/TPR/M/345/Add.1  
 
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  transparency and ease in c onnection procedure, reduction of connection fee and shortening of 
normative periods for connection.  
 
2. How does Russia encourage investment, technology transfer and innovation through 
its high -tech parks, industrial clusters and special zones? What are t he specific polices? 
Are these polices different from those applied for domestic investors?  
 
Answer  
Various development tools i.e. industrial parks and clusters, special economic zones were 
implemented in the territory the Russian Federation aimed at impro vement of business and 
investment environment at both regional and federal level. The said variety of mechanisms is 
applied particularly in high -tech and manufacturing sectors, tourism, port infrastructure, R&D and 
technology commercialization, mastering n ew types of products, and is used to bring together 
industrial sites and facilities, and to promote FDIs as well.  
Industrial clusters hold considerable capacities for innovation -based growth including high - 
qualified personnel. Educational, scientific an d manufacturing institutions have extensive 
collaborative linkages within the clusters.  
 
It is noteworthy that there are no legal restrictions for participation of foreign companies in the 
territorial clusters.  The relevant legislation provides for reducin g administrative barriers, 
preferential tax and customs regimes and other incentives to develop favorable investment and 
business environment at the territories where mentioned development tools are applied. Moreover, 
all participants benefit from necessar y infrastructure provided by federal and local government.  
 
As part of the efforts to promote growth of investment and enhance technology transfer within the 
industrial clusters and special economic zones, the Governmental Program "Economic 
Development an d Innovative Economy" was adopted by Decision of the Government of the Russian 
Federation No . 316 of 15 April 2014. The mentioned Program provides for a number of measures 
aimed at enhancement of business environment, investment, innovation and regulation.  It includes 
rules of allocation of subsidies from the Federal budget to the budgets of the Russian constituent 
entities and is aimed at the realization of complex investment projects listed in the Program me 
and at the development of innovative regional cl usters at the territories of given constituent entity 
of the Russian Federation. The subsidies from the federal budget to local budgets are allotted for 
the co -financing of expenditures relating to the realization of listed projects. The mentioned rules 
do not provide for any restrictions in respect of foreign companies participation in territorial 
clusters projects.  
 
3. Can the laws and regulations on foreign investment be obtained on public websites? 
Are the English versions available?  
 
Answer  
Laws and re gulations on foreign investment can be obtained on official public website of legal 
information: www.pravo.gov.ru in Russian.  
 
It is planned that in mid -2017 English versions of more than 50 documents relevant to foreign 
investment (codes, laws and regulat ions) will be available for reference on the website of The 
Ministry of Economic Development of the Russian Federation (quarterly updated).  
Unofficial English versions of nearly 20 Russian laws posted on the website of the Federal 
Antimonopoly Service of the Russian Federation (FAS).  
Trade Representatives of the Russian Federation in foreign countries provide comments on Russian 
legislation by request.  
 
Currently the Ministry of the Economic Development and Trade is proceeding with designing an 
integrated information system of translation and publication of legislative acts in English. The 
system shall be targeted at foreign investors, experts, scientific community and other interested 
Internet users. It is expected that published legislation shall be infor mational only and may not be 
used for the official interpretation of the Russian legislation.  
 
Furthermore the translation into English and subsequent publication on the Internet of normative 
legal acts of the Russian Federation is provided by the Strateg y of Innovative development of the 
Russian Federation for the period until 2020. This measure was adopted with the aim of enhancing WT/TPR/M/345/Add.1  
 
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  transparency of administrative system and particularly in order to provide foreign users with 
updated legal regulations and necessary information on government policies.  
 
Question  85 
1. Generally, China -Russia trade is settled through DAF price mode. As the DAF price 
mode has complex transaction procedures and requires vehicle transfer at ports, the 
combination of railway trans portation and sea transportation from Heihe River, Suifenhe 
River and Vladivostok area to the inland cannot be realized; and the difference between 
the intermediate fees of normal customs clearance and customs clearance through 
agents is large, which is ad verse to normal import of enterprises and fair competition in 
the market;  
 
Answer  
As for customs fees for customs operations levied by the customs authorities of the Russian 
Federation in connection with the improvement of their respective legally signific ant actions, their 
amount is determined by the Decree of the Government of the Ru ssian Federation of 
28 December  2004 No. 863 "On rates of customs fees for customs operations" and it does not 
depend on whether the declaration of goods is provided directly by the declarant or on behalf of 
the customs representative.  
 
As for the payment for the services of customs representative, it does not apply to the sphere of 
regulation of customs legislation since it is the subject of the civil -law contractual relations  
between the customs representative and the declarant, it is determined on the basis of the free 
will of parties to the contract on rendering of services of a customs representative and it is not 
established by the state authorities of the Russian Federati on. 
2. According to the provisions of Russian Customs, release shall be permitted within 3 
days upon passing, but it normally takes 1 week. In case of inspection, the storage time 
in transfer warehouses of the customs will be longer  and the expense will be  higher.  
 
Answer  
The terms for the release of goods are regulated by Article 196 of the Customs Code of the 
Customs Union, according to which the release of goods must be completed by the customs body 
no later than one working day following the day of the registration of the customs declaration 
unless otherwise provided for by the such Code.  
In particular, in accordance with the mentioned Article, the release of goods which are not subject 
to export duties, placed under the customs procedure of export, and goods placed under the 
customs procedure of temporary export, the list of which is determined by the Eurasian Economic 
Commission of the Customs Union should be completed by the cu stoms authority no later than 
4 hours from the moment of registration of the  declaration of goods and, in the case when the 
declaration on goods is registered in less than 4 hours before the closing time of the customs 
authority it should be completed no later than 4 hours from the moment of the beginning of the 
working time of th is customs authority.  
These terms include the time for customs control.  
During the application of the preliminary customs declaration of goods, the release of goods should 
be completed by the customs authority  no later than 1 working day following the day of the 
presentation of goods to the customs authority that registered the customs declaration.  
The terms for the release of goods may be extended for the time necessary to conduct or to 
complete forms of customs control with the written permission of the head (chief) of a customs 
authority authorized Deputy head (chief) of a customs authority by him or of their deputies, and it 
may not exceed 10 working days starting from the day following the day of registration of the 
customs declaration unless otherwise  provided for by the such Code.  
3. The import duties of Russia is 8.3%, the value -added tax (VAT) is 18%, and the bank 
lending rate is about 11%, increasing the clients procurement costs;  
Does Russia have any plans to change the above situation?  
 WT/TPR/M/345/Add.1  
 
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  Answer  
The trade weighted average rate of import customs duty decreases every year in accordance with 
Russia's WTO tariff commitments. By 2020, its  projected level is about 7,1% . Nevertheless, at the 
end 2015, the applied MFN tariff was below the average bound for the end of implementation 
period in 2020 with trade weighted average tariff of 6,1%. There are no plans to change the 
current situation by reducing the rate of value -added tax or its elimination.  
Question 86  
1. Are there laws or regulations on infringement  of intellectual properties in the E -
commerce sector in Russia?  
 
Answer  
The Criminal Code of the Russian Federation provides for the punishment for the crimes executed 
under Articles 146, 147 and 180 irrespective of the area where  they were executed whethe r in the 
E-commerce sector or not.  
 
2. How long is the examination period for the application for an invention patent in 
Russian? Is there any way of accelerating the examination?  
 
Answer  
Currently, the law does not provide for any fixed period of renderi ng the state services regarding 
examination of patent application and issue of patent. An average period for examination of a 
patent application for invention consists 12 months. No ways of acceleration of examination 
process are stipulated by the law . 
 
3. What relief channels are provided for improper authorization or infringements of 
patents in Russia?  
 
Answer  
Protection of patent rights in the Russian Federation may be exercised through judicial proceedings 
and administrative proceedings.  
Disputes relat ed to grant of patent rights shall be first considered in administrative order by the 
Chamber of Patent Disputes of Rospatent. Decision of the Chamber of Patent Disputes may be 
further challenged in judicial order. In this case the dispute is considered by  the Intellectual 
Property Court in the first instance, by the Presidium of the Intellectual Property Court — in 
cassation, and by the Supreme Court of the Russian Federation (Economic Board) — in the 
exercise of supervisory power. In this case appellation  instance is not provided for.  
Disputes related to infringement of patent rights are considered exclusively in judicial order: by 
competent arbitration courts of the subjects of the Russian Federation in the first instance, by 
arbitration courts of appeal  — in appellation, by Intellectual Property Court — in cassation and by 
the Supreme Court of the Russian Federation (Economic Board) — in the exercise of supervisory 
power.  
 
3. How to inquire and track the latest progress of the judicial decision for an in tellectual 
property case in Russia?  
 
Answer  
The judicial reviews on various cases including intellectual property  rights  cases are being 
published by The Supreme Court of the Russian Federation on its official website at: 
www.supcourt.ru  on a regular basis.  
 
Question 87  
Russia applies differential treatment for foreign banks. According to Russian regulatory 
policies, regulators adopt different regulatory st andards for OECD states and non -OECD 
countries, for example r egarding the credit risk exposure of a single client based on the 
parent bank guarantee, and settlement funds of the upstream bank reckoned in high -
liquidity assets.  
 
Please illustrate Russia's  practical policy consideration for applying different regulato ry 
standards to different countries, and describe the conditions and ways for other 
countries to obtain similar treatment.  WT/TPR/M/345/Add.1  
 
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  Answer.  
In Russia, foreign banks are allowed by law to set up subsidiaries but not branches. Subsidiaries of 
foreign banks are charte red as Russian credit institutions and thus are regulated in exactly the 
same way as banks owned by Russian residents.  
As to minimum capital adequacy requirements for credit and market risk, all banks in Russia use 
the Basel II simplified standardized app roach based on OECD country risk scores. According to the 
RCAP assessment of the Russian bank risk regulations published by the Basel Committee on 
Banking Supervision earlier this year, the national implementation of this approach has been 
assessed as comp liant with the Basel standards. Therefore, claims on foreign banks are risk -
weighted based on their respective country risk scores.  
 
Question 88  
There is no detailed description of the accounting service sector in the Secretariat 
report, therefore we put forward the following questions:  
1. Please provide the main legislations on accounting and audit services. Which 
departments are responsible for the regulation of accounting and audit sectors in 
Russia?  
 
Answer  
The main Federal Laws regulating the service s in the area of the accountancy and auditing are the 
following:  
 Federal Law of 6 December 2011 No. 402 -FZ "On Accounting";  
 Federal Law of 30  December 2008 No. 307 -FZ "On the Audit Activity".  
 
The unofficial translations in English of the abovementioned Fe deral laws are provided on the 
English version of the official website of the Ministry of Finance of the Russian Federation 
http://old.minfin.ru/en / in section "Accounting and Auditing".  
 
The Ministry of Finance of  the Russian Federation is the Federal executive authority conducting the 
functions on the public policy and legal regulation in the field of auditing, accounting and financial 
statements. The Department of regulation of accounting, financial reporting and  auditing of the 
Ministry of Finance of the Russian Federation is responsible for implementation of this function.  
 
2. How many certified public accountants (namely certified public accountants with 
practicing certificates and capable of independently sign ing audit reports) are there in 
Russia? How many of them are foreigners? Among these foreigners, how many are 
partners of certified public accountant firms?  
 
Answer  
As of 15  September 2016 the information about 4 ,326 audit organizations and 657 individual 
auditors is included in the register of auditors and audit organizations. These persons have the 
right to provide auditing services and to release audit reports.  
 
The information about 20 ,851 auditors is also included in the register of auditors and audit  
organizations who are entitled to participate in the implementation of auditing activities.  
There are no foreign citizens among the auditors operating in the Russian Federation.  
 
3. What conditions must be met by foreigners to obtain practicing certificat es of 
certified public accountants in Russia? Are there any limitations on the scope of practice 
for the foreigners who have got the qualifications of certified public accountants in 
Russia? If yes, what are they?  
 
Answer  
The conditions, the implementatio n of which is necessary to conduct an audit activity in the 
territory of the Russian Federation, are stipulated by the Federal Law of 30  December 2008 
No. 307-FZ "On the Audit Activity". The special requirements for foreign citizens wishing to carry 
out au diting activities in the territory of the Russian Federation, as well as the restrictions on the 
activities of foreign citizens who received the right to conduct auditing activities in the territory of 
the Russian Federation are not established.  
 
4. What a ccounting rules must be followed by foreign enterprises wanting to list in the 
Russian capital markets in preparing their financial statements? What are the WT/TPR/M/345/Add.1  
 
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  requirements for auditors? Can foreign accounting firms act as the auditors of foreign 
enterprises to be listed in Russia?   
 
Answer  
In accordance with paragraph 84.2 of Chapter 84 of the Bank  of Russia Regulations dated 
30 December 2014 No. 454 -P "On the disclosure of information by the issuer of equity securities" 
accounting (financial) statements and (or) consolidated financial statements of the foreign issuer 
made in accordance with International Accounting Standards (IAS) or with other internationally -
recognized rules that differ from IAS is subject to disclosure.  
 
At the same time, auditing report o f a foreign auditor (foreign audit organization), which can check 
such statement in accordance with foreign state law, or of a Russian auditor (Russian audit 
organization) is attached to the annual accounting (financial) statement and (or) annual 
consolida ted financial statement of the foreign issuer.  WT/TPR/M/345/Add.1  
 
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  10  QUESTIONS FROM THE E UROPEAN UNION  
WT/TPR/S 345  
Page 8 para 4 on privatization . 
 
The WTO Secretariat refers solely to unfavourable market conditions (i.e. low assets valuations) to 
explain the current delay of  the privatiz ation programme of State -Owned -Enterprises but other 
factors may have played a role.  The large role of the State in the economy remains a bottleneck 
for Russian's growth as reported by the WTO Secretariat.  
 
EU Question No. 1  
What are the Russi an Federation's intentions in terms of pursuing privatizations (timing, 
scope, intensity)?  
 
Answer  
The legislation of the Russian Federation provides for privatization planning. The government of 
the Russian Federation approves a program me (plan) of priva tization of federal property for the 
relevant time period (at present – for the period of three years), which provides the timeframes 
and lists of federal property assigned for privatization.  
 
Page 18 section 1.18 on economic development states that  "Impor t substitution has become a 
key factor of output backup in agriculture (Section 4.1), and some manufacturing industries, 
primarily production of consumer goods (e.g. food products, household chemicals, cosmetics, and 
medicines) […]" During the last three ye ars, Russia has pursued a policy of import substitution . 
This policy is in itself not bringing any positive impact from an economic point of view (regardless 
of the issue of its compatibility with WTO commitments).  
 
EU Questions N o. 2 and 3  
No. 2 
The Russ ian Federation's import substitution policy extends, inter alia , to the 
automotive sector. Through various instruments – for instance through Resolutions 29, 
30, 31 and 32 of 2014 and Decree 1433 of December 2014, amended by Decree 244 of 
March 2015 – Russ ia accords subsidies to car manufacturers producing in "industrial 
assembly mode". Could the Russian Federation explain how it ensures that this 
condition of "industrial assembly mode" does not discriminate against imported parts 
and components or otherwis e how it ensures the WTO consistency of these measures?  
 
Answer  
The Resolutions mentioned in the question indicate that the production of motor vehicles should be 
"in the industrial assembly mode". It merely means that the producer has to have a valid 
agreement on industrial assembly with the Ministry of Economic Development of the Russian 
Federation. The Resolutions do not include any requirements for mandatory fulfillment of any 
provision of the industrial assembly agreements. The Resolutions do not inclu de any requirements 
for the recipients to purchase or use domestic over imported goods, which are mandatory or 
enforceable under domestic law, or compliance with which is necessary to obtain a subsidy.  
Thus, the measures are compatible with the WTO obliga tions of the Russian Federation.  
 
No. 3 
How does the Russian Federation intend to foster innovation and integration into global 
value chains, given the current policy of economic isolationism?  Does the Russian 
Federation forecast a phasing -out on its impor t substitution policy, including on 
agricultural products, and improving market access for foreign goods and services?  
 
Answer  
Implementation of some import substitution programs was caused by the need to increase 
international competitiveness of domestic  products but also by legal uncertainty of trade regime 
between the Russian Federation and several WTO Members due to their imposition of some 
restrictions. These measures have undermined confidence in the security of supply. The import 
substitution progra mmes should ensure the functioning of domestic and infrastructure in major 
economic sectors.  
 WT/TPR/M/345/Add.1  
 
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  Page 27 para 2.13. "The hierarchy of legal instruments in the Russian Federation is as 
folarketslows, from highest to lowest: (a) the Constitution; (b) federal co nstitutional laws; (c) 
federal laws; (d) decrees and resolutions of the President of the Russian Federation and 
resolutions and orders of the Government of the Russian Federation; and (e) acts of federal 
executive authorities.11 All legal instruments are p ublished in official sources, notably the official 
gazette, Rossiyskaya  Gazeta . In the event of discrepancies between national and international 
legislation, the latter prevails. Table 2.1 lists some of the key foreign trade -related laws of the 
Russian Fed eration.  " 
 
EU Questions  No. 4 and 5 
No. 4: Could the Russian Federation explain the place and hierarchy of the WTO 
Agreement and Russian Federation's WTO accession commitments in its legal system 
based on Art. 14 of the Russian Federation Constitution?  
 
Answer  
This issue is governed by Art. 15 (4) of the Constitution of the Russian Federation. In accordance 
with Article 15 of the Constitution, in the event of a conflict, international treaties prevailed over 
domestic Federal laws adopted prior to or after e ntry into force of the treaty. Once the Russian 
Federation ratified its Protocol of Accession, which included the WTO Agreement and other 
commitments undertaken by the Russian Federation as part of the terms of accession to the WTO, 
it became an integral p art of the legal system of the Russian Federation.  
 
No. 5 
Could the Russian Federation explain whether WTO rules, including WTO accession 
commitments and DSB rulings, have  any direct effect in the Russian Federation legal 
system and can be directly applica ble in the Russian Federation Court proceedings.  
 
Answer  
As per A rticle 5(3)  Federal Law No. 101 -FZ of 15 July 1995 on the International Treaties of the 
Russian Federation in the situation when implementing regulation is needed for the treaties to be 
applied, such treaties do not have direct effect. In most cases such a regulation is needed. This is 
also the case with the WTO Agreement. Worth noting, that internal legislation of the Russian 
Federation is based on the WTO basic principles, such as non -discrimination or most -favoured -
nation treatment. In the process of accession of the Russian Federation to the WTO, the legislation 
of the Russian Federation was brought into compliance with its obligations under WTO Agreement. 
If there is an internal legislati on that is not in conformity with the WTO Agreement it can be 
challenged by WTO members in DSB.  
 
Page  32, section 2.4.2.1 on the Eurasian Economic Union. Para 2.29 "When the Russian 
Federation joined the EAEC, the authority over many aspects of its foreign  trade regime was 
transferred to the EAEC, and later to the EAEU. Some of these issues include import tariff rates, 
trade in transit, non -tariff measures (e.g. tariff -rate quotas, import licensing, and trade remedy 
procedures), customs policies (customs va luation, customs fees, and country of origin 
determinations), border enforcement of IPRs, establishment and administration of special 
economic and industrial zones, and the development of technical regulations and SPS measures. 
As a result, some commitment s taken by the Russian Federation during its WTO accession are 
being implemented through EAEU measures. " 
 
EU Questions No. 6 to 8  
No. 6: Could the Russian Federation detail the division of competences for the issue of 
transit between the bodies of the EAEU  and the competent authorities of the Russian 
Federation? Does the Russian Federation apply any national transit limitations, in 
particular when a product is a subject of a SPS measure or restrictions? If so, could the 
Russian Federation provide the text o f the legal act that establishes any transit 
restrictions?  
 
Answer  
Russian national customs legislation does not regulate transshipment of goods except when it is 
necessary to secure compliance with the legislation relating, in particular, to customs enfor cement.  
Currently, Russia does not apply any transit restrictions because of SPS measures.  
 WT/TPR/M/345/Add.1  
 
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  No. 7 
Could the Federation of Russia further detail the division of competences between EAEU 
and the Russian Federation in respect of TBT/SPS measures adopted on na tional level, 
for example, the recent Russian Federation cement certification scheme? Could the 
Russian Federation clarify whether national Russian Federation measures can be 
challenged by the EAEU institutions? If so, on which basis?  
 
Answer  
Regulation i n the SPS sphere is divided between the supranational level of the EAEU and the 
national level of EAEU  Member States. Paragraph 3 of A rticle 56 of the EAEU Treaty provides that 
"the Agreed policy is implemented by joint development, adoption and implementa tion by Member 
States the Treaty and acts of the Commission in the application of SPS measures". At the 
supranational level, the legislative functions are exercised, including the adoption of the EEC 
decisions, binding for EAEU Member States. It should be noted that the initiator of the 
development of requirements and/or changes in them are EAEU Member States. The Commission 
is empowered to establish, amend and supplement the uniform sanitary and epidemiological and 
hygienic, veterinary and sanitary, quaran tine phytosanitary requirements; unified lists of products 
subject to sanitary -epidemiological, veterinary and quarantine phytosanitary control (supervision); 
provision on the procedure of sanitary -and-epidemiologic control on the single procedure of 
veterinary control on a unified procedure of joint  inspections of objects and sam pling goods 
(products), on the procedure of quarantine phytosanitary control (supervision); order of 
interaction of authorized bodies of Member States, the introduction of temporar y sanitary, 
veterinary -sanitary and quarantine phytosanitary measures, etc. The national authorities of the 
Member States carry out executive and supervisory functions. Thus, the requirements for 
production conditions, rules and procedures for the control and supervision of the production and 
the relevant measures of responsibility for violation of the SPS requirements remain at the national 
level, together with the Member  States of the EAEU are harmonising the requirements and joint 
supervision in the SPS sphere.  
 
Regulation in the TBT -field is also divided between the supranational level of the Eurasian 
economic Union and the national level of the EAEU Member States . In this area, the EEC also 
performs the legislative function, adopts technical regulations  and amendments thereto.  
Competent authorities of the Member States in the manner prescribed by national legislation, carry 
out state control (supervision) over compliance with the requirements of technical regulations of 
the Union.  
 
In accordance with par agraph 1 of A rticle 51 of the EAEU Treaty one of the main principles of 
technical regulation within the Union is setting out the unified mandatory requirements in the 
Union technical regulations or national mandatory requirements in the legislation of Memb er States 
to the products included in the Unified list of products subject to mandatory requirements within 
the Union.  
 
Today the common EAEU technical regulation for the building construction, construction materials 
and products is under development.  
Prior to the adoption and entry into force of this technical regulation of the Union the national 
legislation of the EAEU Member States is applied.  
 
In accordance with the EAEU Treaty the EEC shall monitor the fulfilment of the Union Treaty by 
Member States, i nternational treaties and acts constituting the Union law, and, if necessary, sends 
to the Member States of the Union notification of the need to comply with the provisions of Union 
law. 
 
No. 8 
Could the Russian Federation provide explanations concerning t he application and 
coverage of Art. 216(1) of Customs Union Code?  In the Russian Federation 's views, does 
it provide sufficient legal grounds for the Russian Federation's customs authorities to 
ban transit of goods through Russia if those goods can be impo rted to other EAEU 
Members but not to Russia?  If the reply is "yes", could the Russian Federation explain 
whether such interpretation of the application of Article 216 (1) is supported by other 
EAEU member and is WTO compatible?  
 WT/TPR/M/345/Add.1  
 
- 124 - 
 
  Answer  
According to paragr aph 1 of Article 216 of the Customs Code of the Customs Union the placing of 
goods under the customs transit customs procedure is permitted while the goods are not 
prohibited for import to the customs territory of the Customs Union or export from such terr itory.  
Customs territory of the Customs Union shall comprise the territory of the Republic of Armenia, 
Republic of Belarus, Republic of Kazakhstan, Kyrgyz Republic and the Russian Federation, as well 
as the artificial islands, installations, structures and  other facilities located outside Member States 
of the Customs Union, in respect which Member States of the Customs Union exercise their 
exclusive jurisdiction (para. 1 of Article 2 of the Customs Code of the Customs Union).  
 
The list of goods prohibited f or import to the customs territory of the Eurasian Economic Union or 
export from such territory is provided for in the Decision of the Board of the Eurasian Economic 
Commission of 21 April 2015 No. 30. The list of goods prohibited for import to the customs  
territory of the Eurasian Economic Union includes hazardous waste, prohibited for import, 
information on print, audiovisual and other media, prohibited for importation and exportation, 
plant protection products and other persistent organic pollutants that  are prohibited for import, 
service and civilian arms, their parts and ammunition prohibited for import, tools for aquatic 
biological resource extraction, products from harp seals and pups of harp seals.  
 
Page 37 para 2.46 . "Some investment privileges are also granted in the context of the Auto 
Investment Programme (established to attract investment in the automotive industry) and 
agreements concluded under this programme. The Russian Federation has confirmed that it will 
eliminate the WTO -inconsistent meas ures applied under the Auto  Investment Programme by 
1 July 2018, and engage in consultations with interested WTO Members by no later than 
1 July 2016 (Section 4.4.3.)."  
 
EU Questions No.  9 to 11  
No. 9 
Could the Russian Federation explain what is the legal basis for state support measures 
to exporters of car components produced in Russia under "industrial assembly mode"? 
To what extent does the Russian Federation consider these measures to be compatible 
with WTO rules?  
 
Answer  
The Russian Federation would li ke to note that with due consideration to certain WTO Appellation 
Body decisions the SCM Agreement does not restrict the provision of subsidies to the enterprises 
involved in export transactions. At the same time rendering support to the producers of car 
components in the Russian Federation is not contingent upon export performance.  
 
No. 10 
Could the Russian Federation  explain what are the eligibility criteria to be met by a 
foreign  automotive manufacturer to be covered by the definition of "an industrial 
assembly mode"? Could Russia provide the references of the relevant legal act/s?  
 
Answer  
The term "industrial assembly" does not have any general definition which could be applicable for 
interpretation of different legal acts where this term is used. For e xample, under the Joint Order of 
the Ministry of Economic Development, Ministry of Indus try and Ministry of Finance No.  73/81/58n 
of 15 April 2005 the "industrial assembly" of motor vehicles was defined as a system of serial 
production wit h a capacity of n o less than 25, 000 units per year in two -shift work schedule 
including such technological processes as welding, painting and assembly of the car body; 
mounting of the passenger compartment equipment, mounting of major car components (engine, 
chassis) etc. The term "industrial assembly", following its definition, implies only that certain basic 
manufacturing operations should be performed. Such definition is used for the importation of parts 
and components at preferential tariff rates by the Russian legal pe rsons which have concluded the 
agreement with the Ministry of Economic Development of the Russian Federation.   
 
No. 11 
Could the Russian Federation provide the main lines/elements of the strategy for 
development of the automotive  sector as of 2018 onwards?  
 WT/TPR/M/345/Add.1  
 
- 125 - 
 
  Answer  
As of today, development of the automotive sector is based on "Automobile industry development 
strategy until 2020" established by the Order of the Ministry of Industry of the Russian Federation 
No. 319 of 23 April 2010. One of the main goals of t he strategy is to attract foreign investors to 
domestic automotive industry. The strategy is divided into two stages. The first stage (2014 - 
2017) is aimed at forming the basis of sustainable innovational development of automotive sector. 
The second stage  (2018 -2020) is aimed at ensuring the competitiveness of automotive sector in 
the context  of integration in the global automotive market.  
 
The strategy is focused on developing research activities, promoting production of competitive 
automotive vehicles that meet the up to date international safety and environmental requirements, 
establishing production of high -tech automotive components, promoting the localization of high -
tech industries, creating conditions for the establishment of deep partnerships bet ween Russian 
and foreign producers on conditions of mutually beneficial cooperation.  
As for the new strategy for development of the automotive sector after 2020, it is under 
consideration now. Its specific elements are discussed among the federal ministers . As soon as it is 
agreed the strategy will be available to public.  
 
Page 38 section 2.6 Starting a business  
The EU notes that one of the biggest problems faced by foreign companies on the Russian market 
is the fact that rules are unclear and keep changing . The policy of import substitution and 
localization of production differ for more than twenty sectors of the economy. Bureaucratic 
demands for foreign firms are getting more difficult to comply with. This runs against Russian 
Federation's objectives to in novate and attract FDI. Restrictions to investment also make the 
environment unpredictable and have adverse effects on Russia's economy.  
 
No. 12 
How is this constantly changing and somewhat unclear regulatory environment 
compatible with the Russian governm ent's aim of simplifying procedures, creating one -
stop-shops etc.?  
 
Answer  
To considerably improve business environment in five areas of business regulation on the basis of 
the best international practices, according to the World Bank's Doing Business, th e project "New 
Quality of Entrepreneurial Environment" is being developed. The project provides for implementing 
targets and models for regulating the entrepreneurial activity and completion of the required 
procedures by entrepreneurs.  
 
The target models s et out the course of action to be followed by entrepreneurs ("to -be state") and 
provide for simplified procedures, as well as reduced timeframe and lower costs required to follow 
them in the following five areas: trading across borders (export and import p rocedures), dealing 
with construction permits, getting electricity, starting a business, and registering property.  
 
The target models provide for the following:  
As related to construction: by the end of 2016, special services will be offered for developers  in 
Moscow – the so called "procedure calculating tool" and a one sto p electronic shop. By 
September  2016, the share of online services available to constructors will grow from 43% to 
86%. From the beginning of 2017, the interdepartmental communication bet ween the state 
authorities will be carried out electronically, which will enable to reduce the time required to 
perform the urban planning procedures down to 129 days.  
 
As related to getting electricity: starting in 2017, an online procedure for connectin g the business 
to electricity grids (15 -150 kW) will be available in Moscow and Saint Petersburg. All the 
procedures will take only 90 (rather than 135) days. Each entrepreneur will be able to sign the 
connection agreement remotely and to pay for it with a  bank card.  
 
As related to starting a business: starting in 2017, clients of Sberbank, VTB 24 and other banks 
will be able to open an account and, at the same time, register a business via the Internet from 
anywhere globally and just in four days. On the fourth day, a legal entity registration certificate, 
certificate of registration with the tax authority, and details of the current account will be sent to 
their email and they will become entrepreneurs.  
 WT/TPR/M/345/Add.1  
 
- 126 - 
 
  As related to registering property: the time requir ed to register the property will be reduced from 
10 to 7 days. In addition, we are planning to increase the share of documents submitted to the 
Federal Service for State Registration, Cadastre and Cartography (Rosreestr) in an electronic form, 
and to expan d the practice of e -registration by eliminating the need for the applicant's personal 
contact with the registering body.  
 
As related to export and import o perations: by the end of 2016, b ig port Saint Petersburg plans to 
introduce a practice of starting un loading of vessels before the examination conducted by the state 
authorities is complete. Advance declarations are expected to be widely used by entities engaged 
in foreign economic activity. This, together with the customs authorities notifying importers of the 
plans to exercise state control procedures in the port, will accelerate the clearance of goods. In 
addition, we are expecting that 94.5% of imports and 99% of exports will be released without an 
examination by customs authorities. In 2017, automatic  registration of submitted export and 
import declarations will become available, and the remote customs clearance procedure is 
expected to be implemented in full.  
 
At the moment, we have developed some instruments intended to assist investors. One of them 
are public -private partnership (PPP) projects.  
 
In the Russian Federation, PPP projects are regulated by Federal Law No. 115 -FZ "Concerning 
Concession Agreements" and Federal Law No. 224 -FZ "Concerning the Public -private Partnership in 
the Russian Federati on and Amending Certain Acts of the Russian Federation" that became 
effective on 1 January 2016.  
 
Another new instrument envisaged by the Russia's industrial policy is the special investment 
contract (SPIC).  
 
Using this mechanism will enable to harmonize relationship between investors and the state and 
provide investors with access to state support mechanisms.  
 
SPIC is available to any company involved in transferring state -of-the-art technologies into 
industry and interested in localizing technological pr ocesses.  
 
The investor who has signed a SPIC and will carry out an investment project in Russia is 
guaranteed to be provided with state initiatives throughout the  term of the contract (up to 
10 years).  
 
Currently, special emphasis is placed on protecting i nvestors.  
To address issues faced by entrepreneurs, including those related to illegal actions committed 
against them, in 2012 the Business Ombudsman, who is especially empowered to protect 
entrepreneurs' interests in dealing with the state authorities, wa s appointed.  
 
Is there any plan to further reduce the number of activities subject to the Law No. 57-FZ 
special regime?  
 
Answer  
Legislative system of Russian Federation is rather young, that's why it keeps ameliorating to 
become more efficient and transpa rent as well as to exclude double regulation. Every initiative on 
simplifying procedures must be formalized legislatively.  
The closed l ist of activities specified in S ection 6 of the Law N o. 57-FZ includes only those in 
spheres which are critically sensit ive for national defence  and state security (such as production of 
armaments, space and aviation activities, encryption etc.). Hence, reducing the number of 
mentioned activities can threaten national defence  and state security of the Russian Federation.  
 
What was the rationale for adopting and enacting a Personal Data localisation Law 
effective as from 1 September 2015?  
 
Answer  
Localization of the procession of personal data applies only to personal data of the Russian 
citizens. Appropriate  provision to the  Federal law "a bout personal data" has been added in order to 
protect their rights and interests.  
 WT/TPR/M/345/Add.1  
 
- 127 - 
 
  Page 36 para 2.38. Restrictions to investment  
 
EU Question No. 13  
Regarding the law restricting foreign ownership of medi a to 20% (Law 305/2014, 
Article  19), could the Russian Federation please explain how this is compatible with its 
GATS commitments on news agency services, publishing and printing services which 
only allows for restrictions regarding citizenship?  Does the Russian Federation consider 
that it i s entitled to impose a cap on the capital held by foreign companies or persons in 
print or audio -visual  media? If so, on which grounds ? 
 
Answer  
The Federal law No.  305-FZ place limitations to establish mass media, to work as editorial office of 
a mass medi a and also to hold share in the authorized capital of a mass media or its editorial office 
on the following categories: foreign states, international organizations, Russian citizens that have 
citizenship of another country, persons with no citizenship, for eign individuals, foreign legal 
entities and also Russian legal entities in which share of direct/indirect ownership in the authorized 
capital exc eeds 20 %. These requirements are applied unless otherwise provided for by the 
international agreement of the R ussian Federation).  
 
In order to implement the provisions of 305 -FZ the transition period has been set, during which 
composition of mass media founders should be brought into line with mentioned requirements. All 
limitations provided by the Federal law ar e proposed to bring int o force starting with 
1 January  2017.  
 
Government resolution No.  1107 dated 16 October 2015 approves the list of documents that 
indicate an observance by the founders (participants) of the mass media, editorial offices of a 
mass medi a and broadcasting legal entit ies of the requirements of the A rticle 19.1 of the  Law of 
the Russian Federation No.  2124-I dated 27 December 1991 "About mass media".  
 
Regarding telecoms, more widely described page 148, the so called "Yarovaya law" that 
has been adopted in July 2016 imposes obligations on the telecommunication companies 
as regards storage of information/calls by all telecom users in Russia. Telecom 
companies wou ld have to store all communications (voice, data) for six months, and 
metadata for  three years; they also need to cooperate with security services for the 
retrieval and, if required, decryption of the communications. This is creating huge 
burden on operators and may be counterproductive to Russian Federation's efforts to 
innovate.  
 
EU Q uestion No. 14  
Does the Russian Federation consider these measures (storage obligations) compatible 
with its commitments in GATS? In the future, is the Russian Federation planning further 
measures that may affect IT companies (hardware, software, telecom o perators) in the 
name of national security?  Have stakeholders been consulted before the adoption of this 
law and has an impact assessment  been carried out before the adoption of this law?  
 
Answer  
Russia's commitments under the GATS do not prohibit requirem ent of storage of information in the 
territory of the Russian Federation (storage obligations). There are no plans of further measure in 
this field.  
 
Pages 41 -43 on custom procedures, para 3.13  
The EU notes that despite the steps described, which the Fed eral Customs Service (FCS) takes 
to improve customs operations, operators importing EU goods into Russia still face difficulties at 
customs clearance. Russian customs authorities request a copy of the EU export declaration for 
release for free circulation in the Russian Federation. However, the declaration is not a property 
of the importer. The EU export declaration is an EU document and not an international customs 
document. Furthermore the EU export declaration may contain sensitive product and pricing 
information.  
 WT/TPR/M/345/Add.1  
 
- 128 - 
 
  EU Questions No. 15 and 16  
No. 15 
What are the Russian Federations' intentions regarding the facilitation of trade given 
that Russia deposited its instrument of acceptance of  the Trade Facilitation  
Agreement (para 9 page 9 of the WTO Secretari at report) and that the above 
described procedures become real obstacles to trade with Europe in particular?  
 
Answer  
Russian Federation is committed to facilitate customs clearance procedures. Thus the quantity 
of necessary documents requested while import ing goods was reduced to 6. Any additional 
requirements, imposed by customs authorities in cases of uncertainty of customs values of 
goods, are in line with WTO rules or Trade Facilitation Agreement requirements. Russian 
Federation is steadily looking for ways to simplify the clearance process within the limits of 
applicable laws and regulations.  
 
No. 16 
Could the Russian Federation explain the rationale for the customs authorities to 
request a copy of the EU export declaration for release for free circulat ion in the 
Russian Federation?  
 
Answer  
The customs value of goods is determined by the declarant when placing them under certain 
customs procedures except for the customs procedure of customs transit. An export declaration 
of the exporting country is not the document on the basis of which the customs value of goods 
is determined.  
An export declaration on goods upon their exportation is one of the supplementary documents 
which may be submitted by the declarant for the purpose of confirming the information 
declared in respect of their customs values.  
 
Page 43 section 3.1 on custom valuation  
 
EU Questions No. 17 to 19  
No. 17 
How is the customs value determined for goods in transit through the Eurasian 
Economic Union member countries and with final destination  in one of those countries ?  
 
Answer  
When placing the goods under the customs procedure of customs transit the customs value of 
goods is not determined and not declared.  
 
No. 18 
Is the customs value be determined at the country of first entry into the EAE U or at the 
point of destination?  
 
Answer  
The customs value of goods being imported on the territory of the Eurasian Economic Union (EEU) 
is to be determined when the goods cross the customs border of the EEU and are placed under the 
customs procedure for  first time except for the customs procedure of customs transit.  
 
No. 19 
What are the obligations of the authorities of the entry point into the EAEU in terms of 
determining the customs value of the goods with the final destination in the other EAEU 
membe r country?  
 
Answer  
The customs authorities do not have any obligations in terms of determi ning the customs values of 
goods with the final destination in the other EAEU countries since when such goods cross the 
border they are placed under the customs proce dure of customs transit whereby the customs 
value is neither  determined, nor declared, not controlled  by the customs authorities.  
 WT/TPR/M/345/Add.1  
 
- 129 - 
 
  Page 44 Section 3.1.3 "Rules of origin"  
 
Paragraph 3.23 states that "In general, the country of origin is the country in whi ch the goods 
were wholly obtained or were sufficiently processed (where sufficiently processed is defined as 
resulting in a change in HS classification at the 4 digit level), underwent specific operations, and 
met ad valorem conditions ."  
 
EU Question No. 20 
In order for goods to be considered as originating in the country, does the definition of 
sufficient processing require that there should be a change in HS classification and the 
goods should have undergone specific operations and met ad valorem  conditi ons? Or, it 
is sufficient that one of the three listed criteria is fulfilled, i.e. alternatively either 
change in HS classification or compliance with the specific operations or compliance 
with ad valorem  criteria?  
 
Answer  
In the Eurasian Economic Union th ere is the Agreement on the Unified Rules of Determination of 
the Country of Origin of Goods as of 25 January 2008 for the purpose of determining the country 
of origin of goods imported under the non -preferential trade regime from other countries on the 
customs territory of the Eurasian Economic Union.  
Under the provisions of this Agreement the country of origin is considered to be the country in 
which the goods are wholly obtained or undergone sufficient processing in compliance with criteria 
stipulated i n the Agreement.  
 
Currently according to the paragraph 4 of the Agreement the only sufficient processing criteria to 
confer the origin for imports of goods is the change in tariff classification at HS 4 -digit level (CTH 
or Change in Tariff Heading) apart from the provisions regarding the description of insufficient 
operations and the list of the wholly obtained goods.  
 
Page 46, Paragraph 3.28 reads  "Non-ad valorem duties were applied to a significant number of 
tariff lines, most of them mixed duties of th e form of an ad valorem rate with a minimum specific 
duty in euros […]"  
 
EU question N o. 21 
With respect to combined (or mixed) duties, in paragraph 313 of the Working Party 
Report, the Russian Federation committed to reductions of applied specific duty ra tes in 
accordance with the procedure and methodology set out therein. This commitment also 
requires the Russian Federation to inform Members of the results of the relevant 
calculations on a tariff line basis. Could the Russian Federation explain to what ex tent it 
has complied with this commitment?  
 
Answer  
According to Russia's WTO tariff commitments, the reduction of applied tariffs is carried out by 
Eurasian Economic Commission on the annual basis. In the process of reconciling the level of 
duties with the  EAEC members and EEC, Russia verifies the level of specific parts of combined 
duties based on import data of respective period. New levels of duties are reflected in the CCT that 
is available to all WTO Members.  
 
Page 48 Para 3.32 . "At end -June 2016, the average applied MFN tariff was below the average 
bound tariff for the end of implementation of tariff reductions in 2020, indicating that in general 
the applied tariff is below the bound level. However, for a number of tariff lines here it appears the 
applied MFN tariffs were in excess of the bindings or could have been because the applied tariff is 
ad valorem , but not less than a specific duty, while the bound tariff is ad valorem only (Table 3.5). 
" 
 
EU Question No. 22  
Could the Russian Federation clarify  whether private business operators might be 
entitled for import duty refunds based on administrative or legal procedures?  
 
Answer  
According to Articles 89 of the Customs Code of the Customs Union excessively paid or excessively 
collected amounts of custom s duties, taxes are amounts of monetary resources (money) paid or WT/TPR/M/345/Add.1  
 
- 130 - 
 
  collected as customs duties, taxes exceeding the ones due for payment in compliance with the 
Customs Code of the Customs Union and/or  legislation  of the Member States of the Customs Union 
and identified as particular types and amounts of customs duties, taxes for particular  goods.  
 
Sums of import customs duties that have been paid or collected in excess shall be repaid (set off) 
in the procedure established by the legislation of the Member St ate of the Customs Union where 
such customs duties were paid and/or collected, subject to the specifics established by an 
international treaty made by Member States of the Customs Union.  
 
As it is provided for in the Article 147 of Federal Law of 27 Novemb er 2010 No. 311 -FZ (hereafter 
Federal Law No.  311-FZ) "On Customs Regulation in the Russian Federation" the amounts of 
customs duties and taxes paid in excess or collected in excess are refundable by a decision of the 
customs body at an application of the payer (the successor thereof). Said application and the 
documents attached thereto shall be filed with the customs body to which goods have been 
declared and if a centralised procedure for the payment of customs duties and taxes is applied, to 
the customs body with which the agreement on the application thereof has been concluded or to 
the customs body which made the collection, within three years after the date of payment or 
collection thereof.   
 
The following documents shall be attached to the application  for refund of excessively paid or 
excessively collected amounts of customs duties or taxes:  
1.  a payment document confirming that the amounts of customs duties or taxes claimed for 
refund have been paid;  
2.  documents confirming the accrual of the refundable c ustoms duties or taxes;  
3.  documents confirming the fact that the customs duties or taxes have been paid or collected 
in excess;  
4.  the documents mentioned in  Parts 4 -7 of Article 122  of the Federal Law No. 311-FZ, 
depending on the applicant's status and with due regard to the status of the refundable 
amounts;18 
                                                
18 Legal entities formed i n accordance with the  legislation  of the Russian Federation shall submit the 
following  documents :  
1)  a copy of the certificate of registration with a tax body, certified in the notarial procedure or attested a 
customs body, with the original document being shown;  
2)  a copy of the certificate of state registration certified in the notarial procedure or attested by a 
customs body, with the original document being shown;  
3)  a document confirming the powers of the person who has signed the advance payment refund 
application, certified in the notarial procedure or attested by a customs body, with the original 
document being shown;   
4)  a specimen of the signature of the person whose has signed the advance payment refund application, 
certified in the notarial procedure or  attested by a customs body, with the original personal identity 
document of the person who has signed the application being shown;  
5)  a copy of a document confirming succession, if the advance payment refund application is filed by a 
successor of the person  that has made the advance payments, certified in the notarial procedure or 
attested by a customs body, with the original document being shown.  
Other legal entities  shall submit the following  documents : 
1)  a copy of a document confirming legal entity status according to the legislation of the country on 
whose territory the legal entity was formed (with a Russian translation), certified in the notarial 
procedure;   
2)  a copy of a document confirming the powers of the person who has signed the advance payment 
refund application (with a Russian translation), certified in the notarial procedure;  
3)  a specimen of the signature of the person who has signed the advance payment refund application, 
certified in the notarial procedure.  
Physical  persons registered as individu al entreprene urs shall submit the following:  
1)  a copy of the certificate of registration with a tax body, certified in the notarial procedure or attested 
by a customs body, with the original document being shown;  
2)  a copy of the certificate of state registra tion, certified in the notarial procedure or attested by a 
customs body, with the original document being shown;  
3)  a copy of the passport of a citizen of the Russian Federation, certified in the notarial procedure or 
attested by a customs body, with the ori ginal document being shown.  
Physical  persons shall submit the following:  
1)  a copy of the passport of a citizen of the Russian Federation or the other document identifying the 
person of the citizen in accordance with the legislation of the Russian Federation , certified in the 
notarial procedure or attested by a customs body, with the original document being shown;  WT/TPR/M/345/Add.1  
 
- 131 - 
 
  5.  a document confirming the consent of the person that has paid the customs duties or taxes 
to the refund thereof to the person having the duty to pay customs duties and taxes, if the 
customs duty refund application is filed by a person in which the duty to pay them has been 
vested;  
6.  the other documents that may be submitted by the person to confirm that there is a good 
reason for the refund.  
 
If the documents specified in  Parts 4 -7 of Article 122  of the F ederal Law No. 311-FZ, have been 
earlier submitted to the customs body the payer is entitled to abstain from filing such documents 
again, having provided information that such documents have been submitted to the customs body 
and no amendments have been ma de thereto.  
 
If required information is lacking in the refund application and if the necessary documents are not 
submitted said application shall be returned to the payer (the successor thereof) without being 
considered together with a substantiated explan ation in writing of the reasons why said application 
cannot be considered. Said application shall be returned within five working days after being 
received by the customs body. If said application is returned by the customs body without being 
considered th e payer (the successor thereof) is entitled to again file an application claiming refund 
of excessively paid or excessively co llected customs duties or taxes.  
 
If it is discovered that customs duties or taxes have been excessively paid or excessively colle cted 
the customs body, within one month after the discovery of that fact, shall inform the payer of the 
amounts of excessively paid or excessively collected duties or taxes.  
 
The refund of excessively paid or excessively collected customs duties or taxes s hall take place by 
a decision of the customs body which administers the given amounts of money. The total term for 
considering a refund application, taking a decision on a refund and refunding the amount of 
excessively paid or excessively collected customs  duties or taxes shall not exceed one month after 
the date of filing of the refund application and all the necessary documents. If said term is not 
honoured interest shall accrue on the amount of excessively paid or excessively collected customs 
duties or taxes that is not refunded when due, for each day of delay of the refund. In the event of 
refund of customs duties or taxes excessively collected in accordance with the provisions 
of Chapter 18 of the Federal Law No. 311-FZ interest on the amount of excess ively collected 
customs duties or taxes shall accrue starting from the day following the date of collection through 
the date of actual refund. The interest rate shall be equal to the  refinancing rate  of the Central 
Bank of the Russian Federation effective during the period of delay of the refund.  
 
The refund of excessively paid or excessively collected customs duties or taxes shall be effected to 
the payer's (its successor's) account stated in the refund application.  
 
The refund of excessively paid or exces sively collected customs duties and taxes shall be effected 
in the currency of the Russian Federation.  
 
In the event of refund of excessively paid or excessively collected customs duties or taxes the 
following is also subject to refund: the amounts of pena lties and interest paid or collected on the 
amount of refunded customs duties and taxes.  
 
If the payer (its successor) so wishes the refund of excessively paid or excessively collected 
customs duties or taxes may be effected in the form of a set -off of the  duties to pay customs 
duties, taxes, penalties and interest. If the payer (its successor) so wishes the refund of import 
customs duties excessively paid or excessively collected may be effected in the form of a set -off of 
the duty to pay import customs du ties. The acceptance of excessively paid or excessively collected 
customs duties for setting off the duty to pay export customs duties or taxes is hereby prohibited.   
 
Excessively paid or excessively collected customs duties or taxes are not refundable:   
1.  if the payer has arrears on the payment of customs duties and taxes in the amount of said 
debt. In that case at an application of the payer (its successor) the excessively paid or 
                                                                                                                                                  
2)  a copy of a document confirming the right to the advance payment amounts, if the advance payment 
refund application is filed by a heir of the pers on that has made the advance payments, certified in the 
notarial procedure or attested by a customs body, with the original document being shown.  WT/TPR/M/345/Add.1  
 
- 132 - 
 
  excessively collected customs duties or taxes may be accepted to set off the  repayment of 
said arrears;  
2.  if the amount of the refundable customs duties and taxes is below 150 roubles, except for 
cases when customs duties and taxes are paid physical persons or if they are collected from 
said persons;   
3.  if an application claiming re fund of the amounts of customs duties or taxes is filed after the 
established term.  
 
If there are arrears on the payment of customs duties, taxes, penalties and interest the customs 
body is entitled to collect them at the expense of the amounts of excessiv ely paid or excessively 
collected customs duties and taxes. The customs body shall inform the payer (its successor) about 
the set -off that has taken place, within three days after the day following the date of the set -off. 
 
Customs duties and taxes are als o refundable in the event of:   
1.  refusal to clear goods in accordance with a declared customs procedure in respect of the 
amounts of customs duties and taxes paid in connection with the registration of a customs 
declaration for the placement of the goods un der that customs procedure;  
2.  revocation of a customs declaration;  
3.  reinstatement of most -preferred -nation treatment or preferential tariff treatment;  
4.  if according to the Customs Code of the Customs Union and/or the present Federal Law paid 
amounts of cust oms duties and taxes are refundable when goods are placed under the 
customs  procedure of re -export or when goods are placed under the customs procedures of 
destruction  or waiver for the benefit of the state  or re-import of goods;  
5.  a change, with a permit f rom the customs body, in the customs procedure declared earlier, 
if the amounts of customs duties and taxes payable when goods are placed under the newly 
chosen customs procedure are below the amounts of customs duties and taxes paid in the 
initial customs  procedure;  
6.  refund (in full or in part) of preliminary special duty, preliminary anti -dumping duty and 
preliminary countervailing duty in accordance with international agreements of the Member 
States of the Customs Union and/or the legislation of the Russ ian Federation on special 
safeguards, anti -dumping and countervailing measures at the import of goods.  
 
Page 50 Section 3.1.5 "Other charges affecting imports"  
"Fees for customs clearance are calculated on the basis of the price of the goods and not on the  
basis of a service rendered."  
 
EU Question No. 23  
What measures does Russia intend to take to implement Article VIII of the GATT? What 
are the steps already taken/considered?  
 
Answer  
Article VIII of the GATT has already been implemented in the Law No. 3 11-FZ of 
27 November  2010. Article 130(2) states that fees for customs transactions are limited to the 
approximate price of the services provided and shall not exceed R ub 100,000.  
 
Page 52 para 3.43  refers to the fact that " An EAEU member State may unilat erally introduce 
and temporarily apply (for a 6 month period) non -tariff measures in relation to third countries".  
 
EU Question No. 24  
On which ground are those measures adopted? Is this "6 months" above mentioned 
period renewable? If so, how often can the se measures be renewed  and on which 
ground? Are there provisions that allow/oblige all EAEU members to align on unilateral 
measures applied by another one?  
 
Answer  
Unilateral non -tariff measures can be introduced by one of the EAEU Member States in except ional 
cases, in accordance with Section X of the Protocol on Non -Tariff Regulatory Measures in relation 
to third countries (Annex No. 7 to the Treaty on the Eurasian Economic Union of 29 May 2014) and 
only by the reasons spec ified in points 38 -48 of Annex No. 7. Unilateral non -tariff measures can be 
applied by EAEU Member States not more than 6 months. Other EAEU Member States are not 
obliged to support this measure. If all EAEU Member States would support such a measure, the 
Commission shall take a decisio n on its introduction on the customs territory of the EAEU for a WT/TPR/M/345/Add.1  
 
- 133 - 
 
  period specified by the Commission.  The law of the Union does not limit the possibility of EAEU 
Member States to apply unilateral non -tariff measures repeatedly.  
 
Page 60 section 3.1.8.2 Sta ndards  
 
EU Q uestions No. 25 to 30  
No. 25 
What were the reasons for introducing the measures defined by the Resolution 
930/2015 which add cement to the products subject to mandatory certification and 
distinguishing between locally produced and imported ceme nt?  
 
Answer  
The introduction of mandatory cement certification requirements was caused by the urgent 
problems of safety, health and environmental protection required. The Gover nment Resolution 
No. 930 as of 9 September 2015 "On amendments of the Single Li st of Goods Subject to 
Mandatory Certification" added cement to Single List of Goods Subject to Mandatory Certification, 
and no different requirements for locally produced and imported cement were introduced.  
 
No. 26 
How will the Russian Federation make su re that foreign cement producers are not 
discriminated?  
 
Answer  
The Resolution of the Government of the  Russian Federation No. 930 of 9 September 2015 "On 
amendments to the Single List of Goods Subject to Mandatory Certification" and mandatory 
requirement s to cement quality (adopted before the Russian Federation's accession to the WTO) 
do not contain provisions discriminating foreign producers. In accordance with the Resolution of 
the Government of the Russian Federation No. 438 of 5 June 2008 "On the Mini stry of Industry 
and Trade of the Russian F ederation" (as last amended on 2 August 2016) the Ministry of Industry 
and Trade of the Russian Federation is the national executive authority of the Russian Federation 
responsible for the development and elaborat ion of national policy in the area of technical 
regulation, including standardization, conformity assessment procedures (including testing and 
certification) and for coordinating the development of technical regulations. The Ministry of 
Industry and Trade of the Russian Federation monitors the markets of industrial goods including 
cement market.  
 
No. 27 
TBT notification RUS/48 was the day after entry into force. The "Order of Federal 
Agency for Technical Regulation (Rosstandart) No. 1 -st of 11  January 2016 "Conformity 
assessment. Rules of cement certification" (GOST S tandard 56836 -2016)", setting out 
the relevant rules for cement certification, was notified one month after it became 
mandatory (12 April 2016 (TBT Notification RUS/49) although certification of  cement 
was obligatory as of 7 March 2016 ). What is the reason for late notifications?  
 
Answer  
The late notifications of the Gover nment Resolution No. 930 as of 9 September 2015 "On 
amendments to the Single List of Goods Subject to Mandatory Certification"  and the Order of 
Federal Agency for Technical Regulation (Rosstandart) No. 1 -st as of 11 January 2016 "Conformity 
assessment. Rules for cement certification" were caused by urgent problems of safety, health and 
environmental protection.  
 
No. 28 
What were the reasons to impose measures introducing new requirements in the area of 
compliance and certification with good manufacturing practice (GMP) of pharmaceutical 
products as defined by Resolution 1314/2015 and attached Regulations?  
 
Answer  
The Federal Law No. 429 -FZ as of 22 December 2014 amended Fe deral Law No. 61 -FZ of 
12 April 2010 "On the Circulation of Medicines" and introduced compulsory requirement to the 
production of pharmaceutical products to comply with the good manufacturing practice (GMP) 
provisions in order to adequately protect human life, health and safety.  
 WT/TPR/M/345/Add.1  
 
- 134 - 
 
  The Resolution of the Government of the Russian Federation No. 1314 as of 3 December 2015 
approved the Rules of pharmaceutical products manufacturers inspections for practical 
implementat ion of Federal Law No. 61 -FZ as of 12 April 2010 "On the Circulation of Medicines" (as 
last amended on 3 July 2016).  
 
No. 29 
All applicants for Russian drug marketing authorisation must provide a valid GMP 
certificate issued by the Russian authority. Howev er, in practical implementation, 
foreign companies are clearly in disadvantage to domestic ones mainly due to the lack of 
Russian inspection capacities.  How does the Russian federation plan to ensure that the 
measure introduced by Resolution 1314/2015 do n ot discriminate between domestic 
and foreign operators?  
 
Answer  
The Resolution of the Government of the Russian Federation No. 1314 of 3 December 2015 
approved the Rules of organization  of inspections of pharmaceutical products manufacturers and 
set out th e fee for this service. These Rules do not contain provisions discriminating the foreign 
operators. The fee amount is equal for domestic and foreign manufactures. The schedule of 
inspections of foreign manufactures is publically available on official websi te of the Ministry of 
Industry and Trade of the Russian Federation and provides almost 100 inspections in the second 
half of 2016.  
 
No. 30 
What are the reasons why the Russian Federation did not notify WTO at early 
appropriate time of the measures introduc ed by Resolution 1314/2015, although they 
have significant effects on trade?  
 
Answer  
The Resolution of the Government of the Russian Federation No. 1314 as of 3 December 2015 
approved the Rules for pharmaceutical products m anufacturers inspections organiz ation. These 
Rules are in accordance with the relevant international standards, specifically Good manufacturing 
practice guidelines of World Health Organization.  
 
Page 58 para 3.62. " The procedures relating to the preparation, adoption, and cancelling 
techn ical regulations by the EAEU Commission are divided between the EEC Council and its Board 
(Table 3.14). The Council adopts technical regulations and defines the dates when they enter into 
force while the Board approves the rules for the transition period f or products which were 
previously subject to mandatory conformity assessment. " 
 
EU Question  No. 31  
Could the Russian Federation clarify what is meant by transition period? Does it mean 
that once the technical regulations of EAEU are adopted and have entere d into force, 
there is an additional transitional period set by the Board? And furthermore what is the 
purpose and the usual length of the transitional period? Does it mean that there are no 
mandatory conformity assessment procedures for specific products after the transitional 
period?  
 
Answer  
As a rule the decisions on adoption of technical regulations contain the following transitional 
provisions:  
1.  After entry into force of technical regulations documents confirming conformity (conformity 
certificate or declaration of conformity) issued earlier are valid until their expiration, but not 
longer than  the end of transitional period;  
2.  Until the end of transitional period manufacturing and turnover of the products in 
accordance with previously established manda tory requirements are allowed;  
3.  Until the end of transitional period manufacturing and turnover of the products which were 
not subject to mandatory certification are allowed.  
 
There are several purposes of a transitional period, among which main are to let  the stakeholders 
adapt to the new production and turnover conditions and to create benevolent conditions to the 
goods in turnover.  WT/TPR/M/345/Add.1  
 
- 135 - 
 
  The duration of a transitional period depends on goods characteristics and is in average not less 
than 12 -18 months.  
After t he transitional period manufacturing and turnover of the products are allowed only in 
accordance with mandatory requirements of technical regulations including mandatory conformity 
assessment procedures.  
 
Page 58 Para 3.63. " The EAEU Commission also appro ves the Common List of products to which 
technical regulations of the EAEU or national mandatory requirements of its member States may 
be applied. The member States may not impose mandatory requirements in their legislation for 
products that are not includ ed in the Common List. For each EAEU technical regulation, the EAEU 
makes reference to an approved list of standards, which includes member States' national 
standards where compliance with these standards is deemed to mean compliance with the relevant 
technical regulation. In the Russian Federation, national standards are referred to as GOST -R, and 
adopted international standards are referred to as GOST -ISO. In cases where these standards are 
not used, conformity assessment is carried out based on risk anal ysis."  
 
EU Quest ion No. 32  
Could the Russian Federation provide more detailed information on the Common List of 
products? Is the list composed of two separate lists (i.e. one list with products to which 
technical regulations of the EAEU apply, and another list to which national mandatory 
requirements apply)? The EU understands that, for products that are included in the 
Common List of products, there are mandatory requirements imposed by member states 
of the EAEU, thus the question is: How is the free movem ent of these goods ensured 
within EAEU?  
 
Answer  
The Common (or Unified) List of Products was  approved by the CU Commission Decision No. 526 
of 28 January 2011 "On Unified List of Products, in Respect of which Mandatory Requirements are 
Established in the F rame of the Customs Union" (as last amende d on 23 November 2012). 
Article  52 of the EAEU Treaty provided that technical regulations could only be developed for goods 
on the Unified List of 66 "risky" groups of products in respect of which mandatory require ments 
(technical regulations) could be established in the framework of the EAEU. Now 35 EAEU Technical 
Regulations covered approximately 75% of the groups of products in the Unified List. The Unified 
List is not divided in two parts formally. Nevertheless,  theoretically it can be regarded as consisting 
of two parts: one part - products to which technical regulations of the EAEU are applied, and the 
rest – products to which national mandatory requirements apply.  
Free movement of goods subject to national man datory requirements is provided by application of 
the following means:  
  same forms and schemes of compliance confirmation;  
  identical or comparable methods of researches (tests) and measurements of goods during 
the mandatory conformity assessment;  
  certifi cation bodies for conformity assessment are included into the Unified register of bodies 
for the conformity assessment of the Union;  
  the tests are performed in the test laboratories (centres) included into the Unified register of 
bodies for the conformity  assessment of the Union;  
  the certificates of conformity are issued using the EAEU common (single) form.  
 
Page 59 T able 3.14 Provisions on the procedure of drafting, adopting, amendment and 
cancellation of the EAEU technical regulations  
 
EU Question No. 3 3 
Could the Russian Federation explain how the assessment of the regulatory impact 
during the process of internal state approval according to the national procedure is 
being carried out? Does each member state of the EAEU carry out its one assessment of 
regulatory impact? How long is the process of internal state approval according to the 
national procedure?  WT/TPR/M/345/Add.1  
 
- 136 - 
 
  Answer  
The resolution of the Govern ment of the Russian Federation No.  1318 as of 17 December 2012 
"On the Procedure for the Federal Executive Bodies o f the Regulatory Impact Assessment of Draft 
Legal Acts, Draft Amendments to Draft Federal Laws and Draft Decisions of the Eurasian Economic 
Commission" (as last amended on 30 June 2016) sets out the rules and procedures of regulatory 
impact assessment of d ifferent draft legal acts including draft technical regulations or conformity 
assessment procedures. These rules and procedures provide for publication of draft legal acts on 
official website, public discussions, analysis of comments (opinions) and suggest ions received from 
the public discussions, publication of comments (opinions) and suggestions received from the 
public discussions on the official website.  
Each EAEU Member State carries out its own regulatory impact assessment.  
 
The procedure of drafting,  adopting, amendment and cancellation of the EAEU technical 
regulations (adopted by Eurasian Economic Commissio n Council Decision No. 48 of 20 June  2012) 
does not set a time frame for internal state approval.  
 
The resolution of the Government  of the Russia n Federation No.  1318 sets period for public 
discussions (no less than 20 days), period for publication of comments (opinions) and suggestions 
received from the public discussions (no less than 10 days), but does not set maximum period for 
internal state a pproval.  
 
Page 61 Para 3.75 . "Up to end -May 2016, some WTO Members had used the TBT Committee to 
raise 15 concerns relating to conformity assessment procedures, standards, and technical 
regulations in the Russian Federation."  
 
EU Question No. 34 
Are the Ru ssian Federation's authorities considering the adoption of measures to 
harmonize national technical regulations according to international standards ?  
 
Answer  
Only 6 Technical Regulations of the Russian Federation continue to be applied, but will be cancel led 
after the adoption and entry into force of the relevant technical regulations of the EAEU. Therefore, 
the Russian Federation concentrates its efforts on the development of the EAEU technical 
regulations based on international standards.  
 
Page 62 para 3 .76 Sanitary and Phytosanitary requirements.  
 
EU Questions No. 35–36 
No. 35 
Could the Russian Federation explain how the following measures comply with certain 
provisions19 of the SPS agreement: a) the ban on exports of all live animals from the EU 
with th e exception of animals for  breeding, in place since March  2012; b) the ban on 
ware potatoes since July 2013; c) the ban on fruit and vegetables from Poland since 
August 2014; d) the ban on groups of food establishments (e.g. chilled meat from 
Germany since  January 2013, e) the ban on milk and dairy products from 3 German 
Länder since February 2013, f) the ban on all fishery products from Estonia and Latvia 
since June 2015?  
 
Answer  
a) While importing live animals from the EU numerous violations (differences in declared number 
of animals and their actual number; detection of animal carcasses) of veterinary certificates and 
bilateral Memorandum as of 2004 were detected . Due to these reasons the temporary restrictions 
on import of all live animals from the EU w ere introduced, except for breeding animals because 
their quarantine is under control of Russian veterinary authorities. These restrictions are in 
conformity with t he Chapter 5.1 of the OIE Code.  
b) The measures adopted in 2013 were introduced due to regul ar quarantine pests detection in 
plant products, imported from the EU. Since 2010 for 2013 Rosselkhoznadzor has sent totally 104 
notifications (in full conformity with the ISPM 13) to the national competent authorities of 
                                                
19 Namely with respectively: a) Art . 2.2, which requires measures to be applied only to the extent 
necessary to  protect human, animal or plant life, b) Art . 5.6, which provides that measures should not be more 
trade -restrictive than necessary to achieve the appropriate level of protection, and c) Art . 5.1, which requires 
SPS measures to be based on a risk assessmen t. WT/TPR/M/345/Add.1  
 
- 137 - 
 
  Germany, Belgium, the Great Britai n, Spain, Lithuanian, the Netherlands, Finland, France and 
Czech Republic on detection Globodera rostochiensis (Woll.) , Phthorimaea operculella and 
Globodera rostochiensis. This measure was introduced in full conformity with WTO o bligations: 
1) the measure  is based on the relevant international standards (IPPC); 2) notification to the WTO 
was submitted in full conformity with transparency provisions (G/SPS/N/RUS/22, 
G/SPS/N/RUS/22/Add.1); 3) furthermore, in order not to restrict trade and at the same time t o 
provide effective plant protection within the Russian territory, Russia has provided the opportunity 
to export parties of seed potatoes from the EU within the special procedure, which was agreed 
with the competent authorities of several EU Member States.  Several inspections were held in 
accordance with this procedure.  
c) Temporary restrictions on fruits and vegetables from Pola nd have been introduced since 
1 August 2014 due to repeated violations of international and national phytosanitary requirements, 
Frankliniella occidentalis and Grapholita molesta Busck were detected. This measure is in full 
conformity with WTO obligations : 1) the measure is based on the relevant international standards 
(article 1 ( а) Article VII IPPC). 2) notification to the WTO was submitted if full conformity with 
transparency provisions (G/SPS/N/RUS/69).  
d+e) The reasons for introducing temporary restrictions on import of animal products (including 
chilled meat) from Germany and dairy products from 3 German lands are the results of laboratory 
monitoring, violations identified during the border control, numerous mistakes in certification of 
products destined for the Russian market, cases of obvious adulteration made Rosselkhoznadzo r 
arrange several plants inspections and some elements of the system ensuring safety of goods 
exported from Germany to Russia. Only within the period from 2012 to 2015 four inspections were 
arranged.  
f) The restrictions imposed by the Russian Federation on  fish products imports from Latvia and 
Estonia based on the results of inspections of several fish processing plants are evoked by 
systemic failures in the performance of the Competent Authorities of the mentioned countries. The 
Latvian and Estonian Compet ent Authorities were informed about these violations.  
 
We would like to reiterate that all the above -mentioned emergency restrictions are in compliance 
with WTO obligations. These restrictions are temporary and will be reconsidered in due course.  
 
No. 36  
According to notifications G/SPS/N/RUS/22 and G/SPS/N/RUS/9, exports of certain 
products, including ware potatoes from the EU are placed under restrictions due to the 
alleged absence of areas, places of production or production sites free of quarantine 
pests of concern for Russia. However, as regards ware potatoes, the Russian national 
legislation does not require that they originate from such free areas, places of 
production or production sites. How does the Russian Federation justify introducing this 
restr iction alleging the non-compliance  with a requirement that is not included on its 
own legislation and therefore not required vis à vis domestic products/operators?  
 
Answer  
We would like to explain that the mentioned products under G/SPS/N/RUS/22 and G/SPS/ N/RUS/9 
were not placed under restrictions due to the alleged absence of areas, places of introduction or 
production sites free from quarantine pests, they were imposed due to repeated detection of 
quarantine pests (see the answer 35 above).The same measur es would be applied to domestic 
producers in case of detection of the same quarantine pests.  
 
Page 63 para 3.79  
The last sentence of paragraph 3.79 seems to suggest that EAEU SPS requirements can be more 
stringent than relevant international standards with out scientific justification and thus in violation 
of Article 3.3 of the SPS Agreement.  
 
EU Question No. 37  
Could the Russian Federation clarify whether there is an obligation in the Russian 
Federation legislation to apply international standards, guideli nes or recommendations 
in case there is no scientific justification showing a risk to human, animal or plant life or 
health? When the Russian Federation's competent authorities have discretion regarding 
whether or not to apply international standards, guid elines or recommendations in such 
cases, could the Russian Federation detail how such policy is compatible with 
Article s 3.3 and 5.1 of the SPS Agreement?  
 WT/TPR/M/345/Add.1  
 
- 138 - 
 
  Answer  
According to article 56 of the EAEU Treaty sanitary, veterinary -sanitary and phytosanitary 
quarantine measures shall be based on international and regional standards, guidelines and 
recommendations, except when they are scientifically justified. In cases when the higher level of 
SPS protection could be applied, scientific justification is provided . Thus Russian SPS measures are 
in full compliance with the WTO obligations, including risk assessment provisions.  
 
Page 63 table 3.18  
 
The Ministry of Agriculture of the Russian Federation is responsible for the introduction of 
regionalization provisions .  
 
EU Questions No. 38 to 40  
No. 38 
How does the Russian Federation ensure that these provisions respect Article 6 of the 
SPS Agreement and the relevant OIE guidelines?  
 
Answer  
The Russian veterinary legislation has been harmonized with international sta ndards, guidelines 
and/or recommendations, particularly Federal Decree as of 14 May 1993 No. 4979 -1 "On 
veterinary " was amended in conformity with Chapter 4.3 of OIE Code regarding regionalization 
provisions, animals identification and animal products trac eability. Furthermore, on the EAEU level 
SPS legislation provisions are being constantly harmonized with the relevant international 
standards.  
 
No. 39 
How does the Russian Federation determine pest - and disease -free areas and areas of 
low pest and disease prevalence within its trading partners?  
 
Answer  
Russia recognizes the concepts of pest - or disease -free areas and areas of low pest or disease 
prevalence. While zoning the third countries territories, the Russian Federation adheres to 
provisions of WTO SP S Agreement (Article 6) and recommendations of WTO referent organizations. 
E.g. if the infectious diseases foci are registered within the territory of the third country, the 
Russian Federation is guided by articles 4.3.3 and 5.3.7 both with specific chapte rs of the 2nd part 
of OIE Code.  
 
No. 40 
What objective, science -based criteria does the RF use to determine whether or not to 
apply the principle of regionalisation in cases of outbreaks of animal diseases?  
 
Answer  
The Russian Federation constantly monitor s changes in epizootic situation in the third countries. 
Evaluation of possible zoning of infected country is provided in conformity with A rticles 4.3.3 and 
5.3.7 of OIE Code and based on information from the national competent authority of the 
exporting c ountry.  
 
Page 64 para 3.80  
In paragraph 950 of the Report of the Working Party on the Accession of the Russian Federation to 
the WTO (WP Report), the Russian Federation undertook to allow imports of plants for planting 
based on guarantees provided by the N PPO of the exporting country not to perform routine 
inspections of individual plant nurseries in order to authorise them to export.  
 
EU Question N o. 41 
How is the above compatible with the Russian Federation's policy to require either the 
nurseries to be listed and regularly inspected by its officials or to perform pre -clearance 
inspections of consignments, in order to authorise imports?  
 
Answer  
In paragraph 950 of the WP Report Russia undertook to allow export of plants for planting only 
from pest free ar ea or pest free places of production of the exporting country, but still there is no 
information on such areas or places of production in the EU. Furthermore, Russia does not conduct WT/TPR/M/345/Add.1  
 
- 139 - 
 
  regular inspections, but only if there is such a necessity in conf ormity with the ISPMs 4, 10, 
36 requirements. Thus, Federal Decree on Plant quarantine No . 206 – FZ is in full compliance with 
international standards requirements (IPPC) and WTO obligations.  
 
Page 65 para 3.85  
In paragraph 928 of the WP Report, the Russian Feder ation committed itself not to impose 
restrictions on groups of establishments or all the establishments of a country without allowing 
reasonable time to the exporting country to take corrective measures.  
 
EU Question No. 42  
How is this commitment compatib le with the Russian Federation' s imposition  of a ban on 
fishery products from all establishments in Latvia and Estonia even before the report of 
the relevant audits were finaliz ed? Could the Russian Federation clarify whether listing 
is still required for certai n products in contradiction to T able 41 and, if yes, for which 
products and on what basis?  
 
Answer  
According to the WTO SPS Agreement Members could introduce SPS measures necessary to 
protect human, animals and plant lives or health. Regarding the in spections results 
Rosselkhoznadzor in conformity with the EAEU legislation and international legislation provisions 
has introduced temporary restrictions on import of fish products from Latvian and Estonian plants. 
Latvian and Estonian competent authoritie s were duly informed, preliminary consultations were 
held on the identified violations, and the competent authorities were alerted on possible temporary 
restrictions if these violations would not be eliminated. So the exporting countries had possibility 
to take corrective measures, but they did not use a chance.  
 
The listing requirements relate to low -risk products subject to veterinary control. They will remain 
in place until successful audit in interested exporting country by Russian competent authorities . 
According to the Eurasian Economic Commission Decision as of 9 October 2014 No. 94 on the 
Regulation on the Harmonized procedure of Joint On -site Inspections and of Taking Samples of 
Goods (Products) subject to Veterinary Control (Supervision)), to start  the audit procedure the 
exporting country competent authority should send to the competent authority of the EAEU 
Member State application with the indication of audit conduction area, including products groups 
specification and precise esteblishments acti vities under control.  
Currently, audit is provided in the Latin America countries. After its completion, other received 
applications will be considered in the request order . 
 
Page 67 section 3.2.3 Export prohibitions, restrictions, and licensing  
 
To suppor t its metallurgy industry, the Russian government recently decided to undertake a 
number of initiatives of significant trade relevance20. One proposal concerns the regulation of 
exports of various types of metal scrap, i.e. raw materials for the steel secto r. 
 
EU Question No. 43 
Could the Russian Federation report on the measures that are under consideration or 
that have been adopted in conformity with the government's decision to regulate the 
export of metal scrap? In particular, the EU would be grateful if  Russia could provide a 
description of the measures (export license, export quota, etc.) and goods concerned 
and inform of the timeline of implementation. Finally could Russia explain how these 
measures are compatible with Article XI of the GATT?  
 
Answer  
According to the instruction in the minutes of the meeting of the Government of the Russian 
Federation of 30 March 2016, the Ministry of Industry and Trade and the Ministry of Natural 
Resources and Environment  analysed  initiatives to regulate the export of metal scrap. This analysis  
showed no need to introduce such measures.  
 
Page 85 section 3.3.3. on SOEs/STEs, para 3.151 states that the Russian Federation " 
had not made any notifications on STEs within the meaning fo Art. XVII of the GATT".  The 
                                                
20Described in the minutes of a government meeting held o n 30 March 2016 (published on 
8 April 2016 at http://eovemment.ru/orders/22523/ ). WT/TPR/M/345/Add.1  
 
- 140 - 
 
  paragraph r ecalls Russian Federations' commitments. The EU notes that at the last meeting of the 
WP on STEs, Russian Federation informed of ongoing work on notifications.  
 
EU Question No. 44 
Could the Russian Federation give further details on the Re gulation No. 1277  of 
14 July 2014 and No. 2001 of 9 October 2014, which allows for an extension of the list 
of companies authorized to export LNG from Russia? Could the Russian Federation 
clarify what are its intentions in the upcoming notification on STEs regarding Gazpro m? 
 
Answer  
At the end of 2013 the Russian Federation approved legislative amendments to the Federal Law 
No. 117-FZ "On the export of gas " of 18 July 2006 through liberalizing export regulations for 
liquefied natural gas (LNG). The right to export LNG has b een extended to:  
  the subsoil users at the subsoil plots of federal importance in respect of which the license for 
their subsoil use as of 1 January 2013 provides for the construction of a plant for producing 
natural gas in a liquefied state or the deliver y of the extracted natural gas in a gaseous 
state to a plant for producing natural gas in a liquefied state for liquefying (such licenses 
were issued to OAO "Yamal SPG ", OOO "Arktik SPG 1"; OOO " Arktik SPG 2", OOO "Arktik 
SPG 3" ); 
  the legal entities which  are established in compliance with the legislation of the Russian 
Federation in whose authorized  capitals the share (contribution) of the Russian Federation 
exceeds 50% and/or in respect of which the Russian Federation has the right to dispose 
directly or  indirectly of more than 50% of the total number of votes allocated to the voting 
stocks (shares) constituting the authorized  capitals of such legal entities which are the users 
of subsoil plots of the inland sea waters, territorial sea, continental shelf of the Russian 
Federation, of the Black and Azov Seas and which make natural gas in a liquefied state from 
the natural gas in a gaseous state extracted at the cited subsoil plots or from the natural 
gas in a gaseous state extracted while implementing produ ction sharing agreements, 
including those made before the date of this Federal Law's entry into force, and to their 
branch companies in whose authorized capitals the participation share of such legal entities 
exceeds 50% of the total number of votes alloca ted to the voting stocks (shares) 
constituting the authorized  capitals of these companies and which make natural gas in a 
liquefied state from the natural gas in a gaseous state extracted on the cited subsoil plots or 
from the natural gas in a gaseous stat e extracted while implementing production share 
agreements, including those made before the date of this Federal Law's entry into force 
(these entities include Rosneft).  
The Order of the Government of the Russian Federation of  10 October 2014 No. 2001-р amended 
a list of entities with a right to export LNG, approved by the Decision of the Government of the 
Russian Federation of 14 July 2014 No. 1277-р in accordance with the requests by companies OOO 
"Arktik SPG 1 "; OOO "Arktik SPG 2 ", OOO "Arktik SPG 3 ", which met the criteria to be granted a 
right to export LNG specified in the Law No. 117-FZ "On the export of gas " of 18 July 2006.  
 
Page 87 section on Competition policy and price controls  
 
Page 89 para 3.170  states that " Most of the markets subject to price  controls are deemed to 
operate under natural monopoly conditions ". 
 
EU Question No. 45 
Could the Russian Federation provide a list of the sectors where price restrictions exist? 
Could the Russian Federation indicate if there are plans to modify/expand the  sectors 
covered ?  
 
Answer  
In accordance with the Decree of the President of the Russian Federation of 21 June 2015 No.373 
"On certain questions of public administration and control in the sphere of anti -monopoly and tariff 
regulation " the functions of th e Federal service for tariffs were transferred to the Federal 
Antimonopoly Service (FAS of Russia).  
The Decision of the Government of the Russian Federation No. 941 of 4 September 2015 amended 
the internal regulation of the FAS of Russia in relation to th e defining (establishing) prices (tariffs) 
and (or) their ultimate levels in the area of activity of the natural monopolies' subjects and of the 
other regulated organizations.  WT/TPR/M/345/Add.1  
 
- 141 - 
 
  The areas of activities, in which the governmental regulation of public prices ( tariffs) is being 
undertaken are the following:  
Electric power industry, heat, gas and water supply, water discharge, railway transport; 
transportation of oil and of oil products along the main pipelines; services in transport terminals, 
ports and the air ports; public telecommunications and postal service; prices for products of the 
nuclear -fuel cycle; in the area of the aeronavigation servicing of the users of the air space of the 
Russian Federation; solid utility waste treatment; registration of prices f or State defence  order 
production; Icebreaking pilotage and ice pilot pilotage in the water area of the Northern Sea 
Route; services for use of inland waterway transport infrastructure; prices on essential medicine; 
coordination of charges for storage of a gricultural products in case of government intervention.  
At present, there are no plans to introduce any expansions and/or modifications to the above 
mentioned list of sectors.  
EU Question No. 46 
Could the Russian Federation explain the rationale of the pr ice indexation system and of 
the difference of treatment between domestically -produced and other pharmaceuticals?  
Answer  
At present, state price regulation on drugs is carried out through state registration (re -
registration) of both foreign and domestic ma nufacturer's maximum selling prices for drugs 
included in the List of Vital and Essential Drugs and as well as through fixing wholesale price caps 
and retail mark -ups to the manufacturer's registered prices by the constituents entities of the 
Russian Feder ation.  
The main objective of the state price regulation for drugs, included in the List of Vital and Essential 
Drugs is to prevent undue hikes in prices for the said products. The latest legislation (entered into 
force from 1 January 2016) envisages annua l re-pricing for drugs included into the List of Vital and 
Essential Drugs for domestic and foreign producers by a value not exceeding a forecast current 
year's inflation level.  
With the purpose of supporting drugs priced under 500 rouble s, there is a pos sibility introduced for 
national producers to re -price drugs by the value of double inflation, if substantial price growth 
occurred for raw materials used in the production in respect of all producers who have the same 
international generic name. This prov ision of this possibility to domestic producers is related to the 
low price segment of the domestically -produced drugs, which makes the domestic firms run at a 
loss and cease their production, which in its turn decreases availability of cheap medicines for  the 
population and might threaten the national security.  
In order to proceed with re -pricing of drugs included into the List of Vital and Essential Drugs the 
producers should be guided by the Rules of State Registration and Re -registration for Maximum 
Sale Prices Set by Producers for Medicines Included into List of Vital and Essential Drugs approved 
by the Resolution of the Government of 29 October 2010 No. 865 (hereinafter – the Rules), as well 
as the Methodology of Calculation of Maximum Sale Prices Set  by Producers for Drugs included into 
List of Vital and Essential Drugs in Their State Registration and Re -registration approved by the 
Resolution of the Government of 15 September 12015 No. 979 (hereinafter – the Methodology).  
The registered maximum sale  price of a producer for drugs produced in the Eurasian Economic 
Union member states and in other states can be re -registered based on an application and 
documents provided by the applicant – holder or owner of a drug's registration certificate (or by a 
person authorized by him) before 1 October  of each year. The state re -registration is performed on 
the base of calculation envisaged by the Methodology not more often than once a year.  
The re -registration of maximum sale prices for a medicine is performed:  
1. By producers of the Eurasian Economic Union member states in accordance with paragraphs 18 -
20 of the Rules taking into account the requirements listed in paragraphs 9 -17 of the 
Methodology;  WT/TPR/M/345/Add.1  
 
- 142 - 
 
  2. By foreign producers in accordance with paragraph 21 of the R ules taking into account the 
requirements listed in paragraphs 23 and 24 of the Methodology  
Page 90 Section on Government procurement  
The EU notes that the report does not refer to the bans on public procurement (2015 and 2016) on 
medicines and software pr obably because the report was finished well before the TPR meeting. The 
EU is aware that limitations on public procurement of medicines have resulted in a shortage of 
some medicines in Russia.  
 
EU Question No. 47 
What are the Russian Federation's intentio ns regarding these bans and their effects?  
 
Answer  
Russia plans to uphold the current Government Resolutions imposed limitations on the 
procurement of foreign products or services. We consider that these measures have had a positive 
impact on the domestic  market and developing the national economy.  
 
Page 90 Para. 3.175 . The Russian Federation is not a party to the WTO Agreement on 
Government Procurement (GPA).  
 
EU Question No. 48 
In the present circumstances, t o what extent is it possible to take environm ental 
considerations in the entire procurement process on both federal and sub -federal level?  
 
Answer  
The Russian legislation does not contain any provisions relating possibility or prohibiton to take 
environmental considerations in the entire procurement process on both federal and sub -federal 
level.  
 
EU question No. 49 
In paragraph 1143 of the Protocol on its WTO accession, the representative of the 
Russian Federation stated that the Russian Federation would initiate negotiations for 
membership in the WTO  Agreement on Government Procurement by tabling an Appendix 
1 offer within four years of accession (August 2016). In August 2016, the Russian 
Federation tabled an application for accession to the GPA but so far no initial accession 
offer was submitted. In view of the commitment stipulated in the Protocol could the 
Russian Federation indicate when the above -referred offer will be presented?  
 
Answer  
Russia plans to provide Appendix I offer until the end of 2016.  
 
Page 91 para 3.178.  "For procurement by SOEs, regulated entities, monopoly entities, and 
utilities companies, the main law is the Law No. 223 -FZ of 18 July 2011 "On Purchases of Goods, 
Works and Services by Certain Types of Legal Entities". These procuring entities set their own 
procurement requiremen ts and methods. Local content requirements are not strictly regulated in 
the Law and these entities are free to set their own requirements. Currently there are around 
80,000 such procuring entities registered. For procurement by military entities, the Law No. 275 -
FZ of 29 De cember 2012 "On the State Defence  Order" applies".  The EU notes that Russia 
introduced measures subjecting the purchases by State Owned Enterprises (SOE) of certain 
foreign goods to a prior authorization procedure by a government committ ee on import 
substitution (by the Law 223/2011 and its amendments introduced by Law 249/2015, Decree 
1516/2015, Governmental orders 2781/2015, 2744/2015 and 1521/2015).  
 
EU Questions No. 50 to 55  
No. 50 
Does the Russian Federation consider these measures W TO compatible, and if so, on 
which basis?  
 
Answer  
The Russian Federation considers these measures WTO compatible. Abovementioned legal acts WT/TPR/M/345/Add.1  
 
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  relate to the investment projects with state financing and costs exceeding 10 billion rouble s. 
Principally, these ar e projects in the public and defence  sectors and some of them are aimed at 
creation of infrastructural facilities for the governmental purposes. The purchases of certain types 
of machinery for the implementation of such projects may be subject to approval by the 
Government of the Russian Federation.  
But at the same time these measures do not impose any restrictions and preferential treatment. 
These legal acts regulate procurement process within investment projects, selection rules of 
investment projects, a nd forming of list of machinery products procured within investment projects 
after authorization procedure by the Commission on import substitution.  
 
No. 51 
In general, Article 18 of L aw 448 on Industrial Policy lays down a general principle of 
priority of  domestic goods and services in the purchases by SOEs, and then refers to the 
actions to be undertaken " if not contrary to international agreements ". In view of that 
sentence in the legislation, could the Russian Federation clarify if, in its opinion, the 
rules in the WTO agreement (in particular national treatment for goods and services) 
allow to accord a preference to domestic goods and services in the procurement by 
SOEs?  
 
Answer  
Article 18 of the Federal Law No. 488 on Industrial Policy lays down a gen eral principle of priority 
of domestic goods and services in the government procurement and in the purchases by SOEs for 
government and municipal needs. Russia does not have any obligations in respect of government 
procurement in the WTO. Therefore, these measures comply with our obligations in the WTO.  
 
No. 52 
Since SOEs are allowed to set their own procurement requirements and methods, could 
the Russian Federation indicate which are the applicable procurement rules determined 
by utilities companies  active  in the electricity, transport, water, postal and 
telecommunication sectors? In particular, are there any local content/price preference 
requirements in those pieces of legislation?  
 
Answer  
According to the Federal Law No. 223 -FZ the procurement requireme nts and methods are 
contained in the Procurement Regulations. The head of procuring entity approves this document, 
and, after that, it is posted in the Unified information system.  
Thus, all procurement requirements of interested utilities companies active  in the electricity, 
transport, water, postal and telecommunication sectors you can find in the Unified information 
system.  
Local content requirements/price preference are regulated by the Federal Law No. 223 -FZ and its 
amendments. However, to date there are not any procurement by SOEs which has been carried 
out using these provisions of the Federal Law No. 223 -FZ. 
 
No. 53 
Russia introduced measures limiting purchases by state -owned e nterprises (SOE) of 
goods and machinery in their public procurements (by Law 223/2011 and its 
amendments introduced by Law 249/2015, Decree 1516/2015, governmental O rders 
2781/2015, 2744/2015 and 1521/2015). Does the Russian Federation consider these 
measures WTO compatible, and if so, on which basis?  
 
Answer  
This question is s imilar to the question No. 50. The Russian Federation considers these measures 
WTO compatible. First of all we would like to note that abovementioned legal acts relate to the 
investment projects with state financing and costs exceeding 10 billion rouble s. None of the these 
legal acts impose any restrictions and preferential treatments. The purchases of certain types of 
machinery for the implementation of such projects may be subject to approval by the Government 
of the Russian Federation. These legal acts o nly regulate procurement process within investment 
projects, selection rules of investment projects, and forming of list of machinery products procured 
within investment projects after authorization procedure by the Commission on import 
substitution.  
 WT/TPR/M/345/Add.1  
 
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  No. 54 
The Federal Law 223 -FZ covers, on the one hand, purchases by entities covered by 
Article 1(2) of the Law, i.e. essentially State Owned Enterprises and, on the other hand, 
purchases by any entity using state funding for implementation of investment proje cts 
that are included in a specific registry (Articles 1(5) and 3.1 of the Law). With regard to 
purchases by SOEs, according to Article 3 (8) of Law 223 -FZ, the government of the 
Russian Federation may determine priority for goods of Russian origin and for works and 
services performed or rendered by Russian persons. Could the Russian Federation 
explain how it ensures, in implementing this provision, that imported products or 
foreign services are not treated less favourably than domestic products or services,  or 
otherwise how it ensures the WTO consistency of such measures?  
 
Answer  
We would like to note that to date there are not any procurement by SOEs which has been carried 
out using the said provision of the Federal Law No. 223 -FZ. Thus, the procurement act ivity of SOEs 
does not contradict any norms of the WTO law.  
 
No. 55 
With regard to purchases for investment projects, according to Article 3.1(7) of Law 
223-FZ, the government of the Russian Federation may determine particular types of 
products that may no t be purchased by the entities concerned outside the Russian 
Federation without approval of such purchases by the coordination authority. Could the 
Russian Federation explain how it ensures, in implementing this provision, that imported 
products are not tr eated less favourably than domestic products, or otherwise how it 
ensures the WTO consistency of such measures?  
 
Answer  
At the present time according the Federal Law No. 223 -FZ and its amendments  the purchases of 
certain types of machinery for the implemen tation of investment projects may be subject to 
approval by the Government of the Russian Federation. But these legal acts do not impose any 
restrictions and special treatment for imported products, they only contain list of machinery 
products procured out side the Russian Federation within investment projects after authorization 
procedure by the Commission on import substitution. Therefore it is compatible with the rules and 
norms of the WTO  
 
"Besides these above -mentioned primary principles, the procuremen t system also has some 
additional policy goals such as promoting innovation, and supporting small business and certain 
social groups. For example, procuring entities are required to precede procurements in a manner 
that gives favourable consideration to in novative products. The law also requires that preferences 
be given to four types of suppliers: i) institutions and enterprises of the penal system; ii) 
organization of disabled people; iii) small businesses; and iv) socially -oriented non -commercial 
organiz ations. Specifically, a procuring entity is obliged to provide these suppliers with a price 
preference at a margin of 15%. The lists of goods, works and services eligible for the preference 
are approved by the Government of the Russian Federation. Such adv antages are specified in the 
notices of procurement and procurement documentation. Procuring entities are also obliged to set 
aside contracts of not less than 15% of the total annual volume of procurements for small 
businesses and socially -oriented non -commercial organizations. In 2015, more than 
Rub 490 billion in contracts was granted to small businesses, 41% more than in the previous 
year."  
 
EU questions No. 56 to 59  
No. 56 
Could the Russian Federa tion provide a definition of a " small business " (for exam ple 
using criteria such as turnover, capital, staff) and indicate if it can be found in the 
relevant legal acts?  
 
Answer  
The definition of "small and medium -sized businesses" can be found in the Federal Law No. 209 -FZ 
dated 24 July 2007 "On the developmen t of small and medium -sized enterprises in the Russian 
Federation". According the said Law the economic companies, economic partnerships, production 
cooperatives, consumer cooperatives, peasant farms and individual entrepreneurs registered in WT/TPR/M/345/Add.1  
 
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  accordance wi th the Russian legislation are considered as small and medium -sized businesses 
under the following conditions:  
1) as regards economic companies and economic partnerships, at least one of the following 
requirements shall be met:  
a. the aggregate share of parti cipation of the Russian Federation, of subject of the Russian 
Federation, municipal entities, public and religious organizations  (associations), charitable and 
other funds in the authorized capital of a limited liability company does not exceed 25 %. In 
addition, the aggregate share of participation of foreign legal entities and/or of legal entities 
that are not small and medium businesses does not exceed 49 %; 
b. the stocks of a joint stock company that circulate in the organized securities market are referred 
to the stocks of the high -technology (innovative) economy sector in the procedure established 
by the Government of the Russian Federation;  
c. economic companies and economic partnerships have obtained the status of a project 
participant in compliance with Fed eral Law No. 244 -FZ "On the Skolkovo Innovation Center";  
d. the founders (participants) of economic companies and economic partnerships are the legal 
entities included in the list of legal entities rendering the state support to innovative activities.  
 
2) th e staff for the previous calendar year of the economic companies and economic 
partnerships, production cooperatives, consumer cooperatives, peasant farms and individual 
entrepreneurs shall not exceed the following limit values:  
a. from 100 to 250 persons for medium businesses;  
b. up to 100 persons for small businesses; for micro businesses - up to 15 persons.  
 
3) the incomes of the economic companies and economic partnerships, production cooperatives, 
consumer cooperatives, peasant farms and individual entreprene urs shall not exceed the limit 
values fixed by the Government of the Russian Federation for each category of small and 
medium businesses.  
 
No. 57 
Is the set -aside of contracts for small business applicable in addition to the price 
preference of 15% for the se businesses?  
 
Answer  
According to the Federal Law No. 44 -FZ the price preference of 15% for the small businesses are 
not applied.  
 
No. 58 
Are these measures applicable only to domestic small businesses or also to foreign 
companies?  
 
Answer  
These measures  are applicable only to domestic small businesses.  
 
No. 59 
Could the Russian Federation provide statistics for the effective award of contracts to 
small businesses?  
 
Answer  
In the first half of 2016 procuring entities have posted 464347 notices of procurem ent (total 
amount 350 billion rouble s) where only small business and social oriented non -commercial 
organizations can participate. It is 25% and 36%, respectively, higher than the corresponding 
figures in 2015. The average price of the contract awarded by small business and social oriented 
non-commercial organizations has increased by 3% compared to 2015.  
It was sent to small businesses about 258 billion rouble s as payment only under direct contracts, 
which is 32% higher than in 2015.  
 
Page 93 para 3.185 . "However, the Law No. 44 -FZ gives the Russian Government the ability to 
impose restrictions on the purchase of foreign goods, works and services for the purposes of: 
protecting the constitutional order, national defence and security, and the domestic market ; 
developing the national economy; and supporting Russian producers. Detailed implementing rules 
regarding these restrictions have been developed and published in the form of Federal Resolutions. 
Foreign products will only be considered if there is no prod uction of the goods or services in the WT/TPR/M/345/Add.1  
 
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  territory of the Russian Federation. The Russian authorities confirmed that suppliers and service 
providers established in the territory of the Russian Federation with foreign capital have equal 
rights to participate in government procurement in the Russian Federation and other EAEU 
member States. On 25 March 2014, the Ministry of Economic Development issued Order No. 155 
establishing a 15% price preference for domestically -produced goods in public procurement. With 
regard to rules of origin, the Russian Authority confirms that the rules of origin in government 
procurement are identical to the rules of origin used in Russia's normal trade."  
 
EU questions No. 60 to 62  
No. 60 
The Russian Federation has enacted various mea sures restricting the procurement of 
foreign goods, services and works, or providing preferences to domestic suppliers. Could 
the Russian Federation provide an up -to-date and exhaustive list of these measures? Are 
those measures part of the general import substitution policy?  
 
Answer  
At the present time there are seven Government Resolutions adopted in accordance with the 
Federal Law No. 44 -FZ: 
1. Resolution No. 1224 of 24 December 2013 "On establishing ban and restrictions on the 
admission of foreign goods, w orks (services) provided by foreign persons for the purposes of 
the procurement of goods, works (services) for the needs of national defence  and state 
security."  
2. Resolution No. 656 of 14 July 2014 "On establishing ban on purchases of certain types of 
machi ne industry goods of foreign origin for the federal and municipal needs".  
3. Resolution No. 791 of 11 August 2014 "On establishing ban on purchases of certain types of 
light industry goods of foreign origin for the federal and municipal needs"  
4. Resolution No. 102 of 5 February 2015 "On establishing market entry restrictions for 
individual types of medical devices originating from foreign countries in the context of 
procurement for state and municipal needs "  
5. Resolution No. 1236 of 16 November 2015 "On the estab lishment of a ban on the admission 
of software originating from foreign countries for the purposes of procurement for state and 
municipal needs".  
6. Resolution No. 1289 of 30 November 2015 "On the restrictions and conditions on the 
admission of foreign medici nes included in the list of vital and essential drugs for the 
purposes of procurement for state and municipal needs".  
7. Resolution No. 832 of 22 August 2016 "On restrictions on the admission of certain types of 
food products originating from foreign countrie s for the purposes of procurement for state 
and municipal needs".  
 
These measures are not part of the general import substitution policy. According the Federal Law 
No. 44 -FZ the Government of the Russian Federation has imposed limitations on the procuremen t 
of foreign products or services for the purposes of protecting the constitutional order, national 
defence and security, and the domestic market; developing the national economy; and supporting 
Russian producers.  
 
No. 61 
Could the Russian Federation clari fy how those measures can be compatible with the 
upcoming accession bid for GPA membership?  
 
Answer  
These measure are fully compatible with the upcoming accession bid for GPA membership. Taking 
into account that the Russian Federation does not have any obl igations in respect of government 
procurement, so these measures will be discussed with the Parties of the GPA within the 
framework of negotiations on Russia's accession to the GPA as part of the discussion on the 
coverage of future Russia's commitments un der the GPA.  
 
No. 62 
Has the Russian Federation collected any data, or commissioned any studies, on the 
economic impact of these measures (competition, price, etc.)? Could these data and 
studies, if they exist, be shared?  
 WT/TPR/M/345/Add.1  
 
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  Answer  
In 2015 , the volume of co ntracts concluded with application of these measures amounted to 
US$1 trillion rouble s, it is more than 18% of total procurement. Unfortunately, we do not have 
studies on the economic impact of these measures.  
The Russian Federation has granted the status of "sole supplier" in the framework of government 
procurement to certain companies for specific products. In addition, some localization  incentive 
instruments, such as the so -called "special investment contracts", may be linked to the status of 
"sole suppl ier". 
EU Questions No. 63. to 67  
No. 63 
Could the Russian federation provide an up -to-date list of these sole suppliers indicating 
the sector and the relevant products? Could the Russian Federation clarify the conditions 
that must be met, in each case, for  the companies to obtain the status of "sole 
supplier"? Can the Russian Federation provide relevant references to legal texts?  
Answer  
The Federal Law No. 365 -FZ dated 3 July 2016 provide the opportunities  to form the list of sole 
suppliers of goods which p roduction is created or modernizes and (or) being developed in the 
territory of the Russian Federation. However, to date the order on rules of forming of this list has 
not been adopted.  
The Government of the Russian Federation in accordance with the said Law has an ability to 
determine an investor of special investor project or other entity carried out creation or 
modernization  and (or) development of products in the territory of the Russian Federation as a 
sole supplier under the following conditions:  
1.the special investment contract is concluded by the Russian Federation (the Russian Federation 
with the subject of the Russian Federation  and (or) municipal  unit);  
2.the volume of investment within the special investment contract exceed 3 billion rouble s; 
3.the p roduction of good in the territory of the Russian Federation should  be carried out by the 
Russian legal entity;  
4.the country of origin of this good is the Russian Federation.  
 
No. 64 
There seems to be a legislative ongoing process in the Russian federation with the view 
to prepare a law introducing restrictions on foreign radio -electronic products for public 
procurement purchases. Examples of products to be restricted include notebook 
computers, tablet computers, smartphones, mobile phones, telecom equipment , ATMs, 
electronic terminals, electronic chips, flashlights, antennas, car lights, cameras, etc. 
Could the Russian federation confirm such a law is being prepared and will they be 
notified to the WTO?  
 
Answer  
At the present time The Ministry of Industry a nd Trade of the Russian Federation has prepared the 
draft Government Resolution "On the restrictions and conditions on the admission of certain 
foreign radio -electronic products included for the purposes of procurement for state and municipal 
needs". We ar e not going to notify this legal act to the WTO because it is related to the Russian 
government procurement policy.  
No. 65 
Could the Russian federation explain the basis in the WTO law for the Russian 
restrictions on the purchases of software produced in foreign countries (Law 188 
/2015)?  
 
Para 3. 189  "The Government is preparing legislation for the transition of all procurement 
methods to an electronic format".  
 
Answer  
The Federal Law 188 -FZ does not impose any restrictions on purchases of software produ ced in 
foreign countries. It contains provisions on creation and purpose of the Register of Russian 
software. Therefore this Law does not contradict norms and rules of the WTO.  
 WT/TPR/M/345/Add.1  
 
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  No. 66 
What is the timeline of this legislation? Would this legislation includ e the whole 
procurement cycle (notification, submission, evaluation, etc.)? 
 
Answer  
The Legislation relating the transition of all procurement methods to an elect ronic format is 
planned to adopt : 
 - until the end of 2016 for procurements for federal needs;  
 - until the end of 2017 for procurements for municipal needs.  
This legislation would include the whole procurement cycle.  
 
In Table 3.33 the procurement methods and their main features are indicated.  
 
No. 67 
Could the Russian Federation clarify whether procurement from a single supplier is the 
only method used for awarding a contract directly to a supplier or there are other 
methods allowing for a direct award, i.e. in cases of extreme urgency, etc?  
 
Answer  
There are no other  methods allowing for a direc t award of contract.  However, according the 
Article  111 of the Federal Law No. 44 -FZ the Government of the Russian Federation has the ability 
to determine the characteristics of the particular procurement, including determination of 
procurement method (i.e ., to determine the single supplier for certain procurement) for the 
purpose of creation of additional technological and economic advantages.  
 
Para 3.193 . "Under the Government Procurement Law, any procurement participant, as well as 
public associations, o r association of legal entities exercising public control has the right to lodge a 
complaint about actions of the procuring entity, the competent authorized agency, the specialized 
organization, the procurement commission and its members, officials of the contract service, the 
contract manager, and the operator of the electronic trading platform if such actions infringe the 
rights and legitimate interests of a procurement participant. Both judicial and administrative 
procedures are available. The complaint may be lodged at any time after placement of the 
procurement plan in the unified information system but must be made within ten days after the 
report on consideration is published on the unified information system. A complaint about 
procurement document pr ovisions may be lodged before the deadline for submitting participating 
applications. After the expiration of these specified periods, complains may be lodged only through 
judicial procedure. "  
 
EU question No. 68 
Could the Russian Federation provide infor mation on the applicable 
procedures/deadlines regarding challenges of the award decision?  
 
Answer  
As regard administrative procedure, the competent authority is obliged to consider a complaint 
within 5 working days from the date of receipt of the complaint , and to inform the complainant 
about the decision . The judicial procedure for appeal of actions of the procuring entity, the 
competent authorized agency, the specialized organization, the procurement commission and its 
members, officials of the contract s ervice, the contract manager, and the operator of the electronic 
trading platform, and as well as procurement document provisions is carried  out in accordance  
with legal proceedings of the Russian Federation.  
 
Page 97 IPR  
The report states that during the review period, Russia has made significant IPR reforms in terms 
of legislative, administrative and enforcement systems, notably by amending the IP chapters of 
the Civil Code and establishing the Intellectual Property Rights Court.  
 
In Section 3.3.6  Intellectual property r ights under sub -header 3.3.6.8  IP enforcement, the EU 
would have appreciated to read more about the effectiven ess of IPR enforcement. In Table  3.39, 
the EU notes a rising number of IP -related cases brought before various instances, but the re is no 
information on judgements or injunctions actually rendered.  
 WT/TPR/M/345/Add.1  
 
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  EU Questions  No. 69 and 70  
No. 69 
Could the Russian Federation indicate how many judgements have been rendered so far 
and provide some statistics on the different types of cases enforce d?  
 
Answer  
There is no common statistics on all judgments concerning protection of intellectual property 
rights. At the same time the judicial reviews on various cases including intellectual property rights 
cases are being published by The Supreme Court of the Russian Federation on its official website 
under the following link  at: http://www.cdep.ru/index.php?id=79  and by the Court for intellectual 
property rights on its official website under the followin g link  at: 
http://ipc.arbitr.ru/node/13545  on a regular basis.  
No. 70 
Could the Russian Federation provide details on the existing backlog (if relevant) in 
commercial courts and in the IPR court as well as an  indication of the average 
processing time of a complaint in various instances cited in the chapter?  
 
Answer  
The cases concerning the protection of intellectual property rights (depending on each particular 
case) are being investigated by different courts  (IPR Court, criminal courts etc.) having their own 
procedures (Civil Procedural Code, Criminal Procedural Code, Code on Administrative offences, 
Code on Administrative Court Proceedings, Arbitration Procedural Code), thus, it is difficult to 
indicate the average processing time.  
 
Page 104 para 3.236.  
"A registered trademark can be contested and invalidated if it is identical or confusingly similar to 
registered trademarks of other persons; or to trademarks protected or for which registration has 
been appl ied in the Russian Federation by virtue of international treaties in respect of similar 
goods with an earlier priority; or to the trademarks of other persons, that are recognized as 
famous by the CC RF in respect to similar goods (Article 1512)".  
 
EU Quest ion No. 71 
Could the Russian Federation clarify whether a trademark can be invalidated based on a 
prior GI or in case the trademark is confusingly similar to a GI?  
 
Answer  
In accordance with paragraph 2 of Article 1512 of the Civil Code of the Russian Fe deration, the 
protection accorded to trademark may be challenged and deemed invalid, in particular, if such 
protection had been accorded in contravention of requirements of Article 1483 of the Civil Code of 
the Russian Federation, namely:  
  Paragraph 5 of A rticle 1483 of the Civil Code of the Russian Federation: In accordance with an 
international treaty of the Russian Federation, no trademark state registration shall be granted 
to designations which are or which comprise elements protected in a member state  of that 
international treaty as designations allowing to identify wines or alcoholic beverages as 
originating from its territory (produced within the borders of a geographical object of that state) 
and having a special quality, reputation or other charact eristics predominantly defined by the 
origin thereof, if the trademark is intended for designating wines or alcoholic beverages not 
originating from the territory of the given geographical object;  
  Paragraph 5 of Article 1483 of the Civil Code of the Russi an Federation: n o trademark 
registration shall be granted for any goods to any designations identical or similar to the extent 
of confusion with the appellation of origin of goods which is protected in accordance with the 
Civil Code, as well as with the de signation declared for registration as such before the priority 
date of a trademark, except when such designation or the one similar to that to the extent of 
confusion is included as a non -protected element in a trademark registered for the name of a 
perso n having an exclusive right to that denomination, on condition that the registration of a 
trademark takes place in respect of the same goods for the individualization of which the 
appellation of origin of the goods has been registered.  
Page 104 para 3.2.3. 6 refers to " Chapter 76 of the CC RF [Civil Code of the Russian Federation] 
provides protection for appellations of origin. An appellation of origin is defined as a designation 
that represents or contains the contemporary or historical, formal or informal,  full or abbreviated WT/TPR/M/345/Add.1  
 
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  name of the country, city or rural settlement, locality or other geographical object, as well as the 
designation derived from that name and known as a result of its use in relation to special 
properties of goods which are exclusively o r mainly determined by the characteristic of the 
geographical natural conditions and/or human factors" and "[A]s of January 2016, 154 appellations 
of origin had been registered with Rospatent ".  
It is also stated that geographical indications are not menti oned as such in the law, the general 
notion used is appellation of origin ( footnote 181 ). 
 
EU Questions No.  72 to 74  
No. 72 
Could the Russian Federation clarify the notion of appellations of origin? Does it cover 
agricultural and non -agricultural products?  Is there any list of products which might be 
protected?  
 
Answer  
In accordance with the paragraph 1 of Article 1516 of the Civil Code the appellation of origin to 
which legal protection is granted means a designation being or containing a contemporary or  
historical, official or unofficial, full or abbreviated name of a country, urban or rural settlement, 
locality or other geographic object, as well as the designation derived from that name and known 
as a result of being used in respect of a good special p roperties thereof are exclusively or 
predominantly defined by the natural conditions and/or human factors characteristic of the given 
geographic object.  
These provisions shall apply accordingly to the designation enabling to identify goods as 
originating from the territory of a specific geographic object and, though it does not contain the 
denomination of this object, has become known as a result of using this designation in respect of 
the goods that have particular qualities corresponding to the requireme nts set out by paragraph 
above.  
This definition covers agricultural and non -agricultural products.  
The law does not provide for a list of goods that may be protected by appellation of origin.  
No. 73  
Does the notion "appellation of origin" also cover such p roduct names – protected under 
the EU regime –, which are traditional names, but do not refer as such to a geographical 
place (like the products Grappa, Feta and Reblochon)?  
 
Answer  
In accordance with paragraph 2 of Article 1516 of the Civil Code of the Russian Federation the 
provisions of this Article shall apply accordingly to the designation enabling to identify goods as 
originating from the territory of a specific geographic object and, though it does not contain the 
denomination  of this object, has b ecome known as a result of using this designation in respect of 
the goods that have particular qualities corresponding to the requirements set out by the 
paragraph 1 of Article 1516 (see previous answer) . 
 
No. 74  
Does the Russian Federation have a public r egistry for the appellations of origin?  
 
Page 104, Paragraph 3.3.6.5  
In September 2014, the EAEC Council established a Working group to formulate proposals about 
possible changes in the principle of the exhaustion of IPR in the EAEU. In August 2015, the EAEC 
Council instructed the Working group to develop a decision -making mechanism regarding possible 
introduction of parallel imports for some categories of goods, and to prepare related amendments 
to the EAEU Treaty. In April 2016, the Eurasian Intergovern mental Council (Heads of Governments 
of the Member States) asked the EAEC together with the Governments of the Member States to 
prepare draft amendments to the EAEU Treaty to give the Eurasian Intergovernmental Council the 
power to establish exceptions to the application of the principle of exhaustion of the exclusive 
rights to the EAEU trademark with regard to some categories of goods (Eurasian 
Intergovernmental Council's Resolution N6 of 13 April 2016). The Eurasian Union made steps 
towards the introducti on of the international exhaustion principle in certain sectors (e.g. 
pharmaceutical and car industry) which without the proper legal guarantees would lead to the 
legalization of the parallel imports and increase counterfeiting.  
 WT/TPR/M/345/Add.1  
 
- 151 - 
 
  Answer  
State register of appellations of origin is maintained by Rospatent. On the website of Rospatent at: 
www.rupto.ru , there is a public register containing information regarding registered intellectual 
property objects and applications on re gistration of intellectual property objects, including 
appellations of origin.  
 
EU Question No. 75 
Could the Russian Federation provide detailed information on whether or not the 
Russian Federation intends to introduce the international exhaustion princip le, or 
support its introduction in the context of the Eurasian Economic Union? If the Russian 
Federation intends to introduce or support the introduction of the international 
exhaustion, please provide an exhaustive list of the sectors (categories of goods ) that 
could be affected. Please also provide information on the legal guarantees that would 
ensure that the rules would not be discriminatory?  
 
Answer  
In accordance with the decision of the Prime Minister of the Russian Federation from 22 April 2015 
the phased transition to the international exhaustion principle for trademarks in certain sectors is 
considered reasonable. The list of such sectors is not formed yet. The Russian Federation is guided 
by the principles of international law, including WTO oblig ations, while elaborating the provisions 
on transition to the international exhaustion principle.   
 
Page 105, Para 3.3.6.6  
"The Eurasian Patent Office applies different fees for the registration of patents on the basis of the 
nationality or residence of th e applicant. Applicants from the member states of the Eurasian Patent 
Convention pay just 10% of the fees. Applicants from states that are not party to the Convention 
but which are eligible for a temporary concessional tariff pay 20% of the fees. Since the  Russian 
Federation is the most influential co -founder of the Eurasian Patent Office, their view on the issue 
would be important".  
 
EU Question No. 76  
Could the Russian Federation explain the reasoning for the discriminating fee levels 
applied by the Euras ian Patent Office. How is this difference of treatment in compliance 
with the national treatment principle?  
 
Answer  
The Eurasian patent system functions in accordance with an international treaty – Eurasian Patent 
Convention entered into force on 12 August 1995. Principles for calculation of patent fees and their 
application are established within the Eurasian patent system only. The Regulation on calculation 
of patent fees is adopted by Administrative Council of the Eurasian Patent Organization. Each 
Member Sate of Eurasian Patent Organization has one vote in the Administrative Council. Thus, the 
Russian Federation is not the most influential co -founder of this system and could not provide its 
view on the issues mentioned in the question.   
 
Page 105, Para  3.3.6.6 and 3.203  
"There are worrying trends that weaken regulatory data protection for innovative 
biopharmaceuticals in the Russian Federation by creating the potential for marketing authorization 
of infringing generics during the regulatory data protec tion (RDP) term. In accordance with the 
Russian Federation's WTO accession commitments, the Russian Federation, in 2010, passed the 
Law on the Circulation of Medicines. Article 18(6) provides an RDP period of six years. Recently, 
this law has been amended and implemented in a manner that appears to weaken the regulatory 
data protection. "  
 
EU Questions No. 77 to 80  
No. 77 
Could the Russian Federation elaborate on the current regulatory data protection rules 
in relation to the different product categories (p harmaceuticals and plant protection 
products) in the Russian Federation?  
 
Answer  
Article 18 of the L aw No. 61 -FZ 2010 "On the Circulation of Medicines" establishes rules and 
procedures in relation to the protection of data submitted under procedures of s tate registration of WT/TPR/M/345/Add.1  
 
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  pharmaceuticals products. In particular, paragraph 18 of the Article introduce following 
mechanism: the use for commercial purposes of information on the results of preclinical studies of 
medicines and clinical trials of medical produc ts submitted by the applicant for the state 
registration of a medicine, without his consent is prohibited within six years from the date of state 
registration of the reference medicine in the Russian Federation. Paragraph 12 of the Article 
introduces the o bligation for the applicant to put the consent described above in its application for 
state registration of a pharmaceutical product. Article 68 of the law also determines the liability for 
infringement of the law.  
The Ministry of agriculture of The Russia n Federation regulates state registration for plant 
protection products. Decree of the Ministry dated 10 July 2007 No.  357 describes different steps to 
obtain state registration of pesticide and agrochemicals. One of the basic requirement to the 
applicant is to make a safety test of the product in the laboratories authorized by the Ministry of 
agriculture. Applicant should make a special contract with these laboratories. Data received during 
tests are protected in these contracts and are used for the regist ration of products. During the 
process of registration, the applicant should classify data as a commercial secret. Ministry of 
Agriculture is responsible for protection of these data during the period of validity of a state 
registration certificate.  
 
No. 78 
Could details be given regarding the steps the Ministry of Health takes during the 
regulatory data protection term when the application for marketing authorization of a 
generic drug refers to the clinical test data of an underlying product (e.g. referen ce 
drug)?  
 
Answer  
Paragraph 12 of Article 18 of the L aw No.  61-FZ 2010 "On the Circulation of Medicines" introduces 
the obligation for the applicant to put the consent of a reference drug data owner in its application 
for state registration of a pharmaceu tical product.  
 
No. 79  
Could the Russian Federation clarify whether or not the Ministry of Health notifies the 
originator in this situation.  
 
Answer  
The Ministry of Health has no obligation to inform the owner of a reference drug data.  
 
No. 80  
Clarificat ions are welcomed on the following: what would the Ministry of Health do 
during the regulatory data protection term if in the application the generic drug relies on 
a clinical data which was already published in a scientific journal?   
 
Answer  
In accordan ce with the L aw No. 61-FZ 2010 "On the Circulation of Medicines" during the period of 
six years any subsequent applicant shall obtain a permission from the owner of reference 
pharmaceutical product who has registered first this product using clinical and pr eclinical test data. 
The law does not make any difference between sources of this kind of data.  
 
Page 108, Para 3.249  
Throughout 2013 -16, the Russian Ministry of Health, Ministry of Industry and Trade, Federal Anti -
Monopoly Service (FAS) have raised the u se of compulsory licensing (CL) as a pharmaceutical 
cost-containment tool. Since 2014, the FAS has been proposing authorizing compulsory licenses as 
a manner of mitigating costs of drugs in certain areas of public health. In May 2016 FAS drafted a 
roadmap on the increase of competitiveness in healthcare where the use of compulsory licence 
featured as an action to optimize healthcare costs and import substitute costly medicines. 
Compulsory licences must not be used to serve commercial and political objective s to favour the 
domestic pharmaceutical industries.  
 
EU Question No. 81  
Could the Russian Federation detail if it is still its intention to introduce a compulsory 
licensing scheme beyond the scope permitted by the TRIPs Agreement? In case the 
Russian Fede ration intends to change the laws on compulsory licensing, the EU would 
appreciate receiving detailed information on the features of the new compulsory WT/TPR/M/345/Add.1  
 
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  licensing scheme and on the provisions that would ensure the compatibility with the 
requirements stipula ted in Article 31 of the TRIPS Agreement.  
 
Answer  
Federal Anti -Monopoly Service is discussing legislative initiatives for the introduction of the 
mechanism of issuing a compulsory license to use the results of intellectual activity in relation to 
drugs, but only in order to protect the life and health of citizens, and not in the interest of 
maintenance of commercial and political purposes. It is discussed that such a compulsory license 
may be issued in accordance with court judgment upon the ascertainment  of the violation of the 
antimonopoly legislation in such cases when it is likely to endanger the life and health of citizens.  
Page 109 para 3.2.6.2 . states that " Registration confers the right to use an appellation of origin, 
that is, to affix it to good s, their labels and packages, in advertising, in leaflets, invoices, forms, 
and other documents related to commercial introduction of goods ". 
 
EU Question No. 82  
Could the Russian Federation clarify whether according to the relevant rules  
GI rights are co llective rights? Is there any registration fee, time -limit for the 
protection ?  
 
Answer  
In accordance with the second sub -paragraph of paragraph 1 of Article 1518 of the Civil Code of 
the Russian Federation, appellation of origin may be registered by one or several individuals or 
legal entities (i.e. by a group of persons).  
In accordance with Article 1531 of the Civil Code of the Russian Federation the certificate of 
exclusive right to an appellation of origin shall be effective for 10 years after the date  of filing of 
the application for the appellation of origin. It could be extended at an application of the certificate 
holder and on conditions stipulated by the law for 10 years. The number of extensions is not 
limited.  
There is a fee that should be paid by the applicant for the purposes of registration. Fee  rates are 
published at the web site of Rospatent  at: www.rupto.ru/activities/dues/patduty/ 
tabl_razm_poshlin . 
Page 109 para  3.2.6.2.  states the following " A registered appellation of origin cannot be used by 
persons who do not have an appropriate certificate even if the genuine place from which the goods 
originate is indicated or the appellation of origin is used in translatio n or in combination with 
expressions such as "kind of", "type", "imitation", or "and the like".  (…) 
 
EU Questions No. 83 to 85  
No. 83 
Could the Russian Federation give more details on the notion "appropriate certificate"? 
Is it issued for all persons/legal  entities entitled to use the appellation of origin? Does 
any logo/symbol related to the appellation of origin appear on the labelling of the 
product?  
 
Answer  
An appropriate certificate means a document attesting the right to use an appellation of origin  
(paragraph 2 of Article 1518 of the Civil Code of the Russian Federation). A certificate is issued for 
all legal entities or natural persons that are granted the right to use an appellation of origin.  
In accordance with Article 1520 of the Civil Code of the Russian Federation, the holder of a 
certificate on the exclusive right to an appellation of origin may fix along with the appellation of 
origin (AO) the symbol of protection in the form of the a word sign "registered appellation of origin 
or "registere d AO", indicating that the used name is an appellation of origin registe red in the 
Russian Federation.  
No. 84  
Could the Russian Federation clarify the relevant rules in case of appellation of origin 
(GIs in the sense of the TRIPS Agreement) coming from th ird countries (e.g. EU)?  
 
Answer  
In accordance with paragraph 2 of Article 1517 of the Civil Code of the Russian Federation, state 
registration of a geographic object located in a foreign state as an appellation of origin is WT/TPR/M/345/Add.1  
 
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  admissible if the name of the object is protected as an appellation of origin in the country of origin 
of the good. The exclusive right to use the appellation of origin shall only be owned by a person 
whose right to use the appellation of origin is protected in the country of origin of  the good.  
At the same time, in accordance with subparagraph six of paragraph 5 of Article 1522 of the Civil 
Code of the Russian Federation, if a geographical object the name of which is claimed as an 
appellation of origin is located outside the territory  of the Russian Federation an application shall 
be accompanied by a document which certifies the right of an applicant to the claimed appellation 
of origin in the country of origin.  
In case of renewal of validity period of the certificate on exclusive rig ht to appellation of origin that 
constitutes a denomination of a geographical object located outside the territory of the Russian 
Federation, the holder of the certificate shall supply a document which certifies the right of an 
applicant to the claimed app ellation of origin in the country of origin at the date of filing of 
application for renewal of validity period of the certificate.  
No. 85  
In the European Union, any operator marketing a product conforming to the 
corresponding specifications may use free o f charge the protected designations of 
origin/protected geographical indications and the Union symbols (PDO/PGI). Does the 
system of the Russian Federation permit such approach? Could the Russian Federation 
provide details on the ex officio protection in c ase of national GIs and GIs of third 
countries, if any?  
 
Answer  
In accordance with Article 1520 of the Civil Code of the Russian Federation, the holder of a 
certificate on the exclusive right to an appellation of origin may fix along with the appellation of 
origin (AO) the symbol of protection in the form of the a word sign "registered appellation of origin 
or "registered AO", indicating that the used name is an appellation of origin registered in the 
Russian Federation. The Civil Code of the Russian Feder ation does not provide for any other forms 
of designations and marking symbols for appellations of origin.  
There are no provisions on ex officio protection.  
Page 109 para 3.2.6.3 refers to a Russia -Switzerland bilateral agreement on GIs : "A 
bilateral agree ment between the Russian Federation and Switzerland on the protection of 
geographical indications and appellations of origin entered into force on 1 September 2011. It 
provided for extension of the higher level of protection provided for in Article 23 of t he TRIPS 
Agreement to geographical indications for certain products other than wines and spirits in the 
Russian Federation and Switzerland, including (from Switzerland) Emmentaler, Gruyère, L'Etivaz, 
Sbrinz, Bündnerfleisch, Basler Leckerli, Zuger Kirsch, S wiss chocolate and Swiss watches; and 
(from the Russian Federation) Russkaya Vodka, Russkaya ikra (caviar) and Sibirskie Pelmeni 
("Siberian huskies", or meat -filled dumplings)".  
 
EU Question N o. 86 
Could the Russian Federation clarify the legal status of t he "Gruyère" coming from 
France?  The French and Swiss Gruyère are both protected as GIs in the European Union. 
What are the relevant rules in case of homonymous geographical indications?  
 
Answer  
Currently, no application has been filed in the Russian Fede ration for an appellation of origin with 
regard to denomination French Gruyère.  
Possibility of protection of such denomination on the territory of the Russian Federation may be 
determined after filing by the French side of an application for state registr ation of this 
denomination and conducting a respective examination with regard to the said denomination.  
At the moment, in Rospatent's practice there have been no situations related to protection of 
homonymous denomination and pertaining to goods produced on the territory of different 
countries. In order to avoid consumer misleading it may be necessary for every potential rights 
holder to mark the place of origin (manufacture) of the goods significantly when labeling its 
products.  
 WT/TPR/M/345/Add.1  
 
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  Page 109, Para 3.265  
"The laws of the Russian Federation provide, in theory, for the enforcement of patent laws. Under 
the Code of Administrative Offences, the unauthorized use of a patented invention incurs the 
payment of a fine and seizure of the infringing goods. This includes the selling and circulating of 
patented inventions, which are also considered unfair competition under the Law on Protection of 
Competition. In those cases, the plaintiff can request a preliminary injunction from the Arbitration 
Court to stop the infringin g acts and seize the infringing products before a lawsuit is commenced. 
Yet in practice, preliminary injunctions are difficult – if not impossible – to obtain, and the delays 
in court can lead to the approval and marketing of generic pharmaceuticals, despi te the existence 
of a patent. As a consequence, there is no effective mechanism for enforcing an innovative 
biopharmaceutical company's patent rights in premature commercialization of generic substitutes 
or bio  similar . In fact, generic drug manufacturers can apply for – and receive – marketing 
approval for a generic product, despite the fact that a patent for the original pharmaceutical is still 
in force".  
 
EU Question No. 87  
Please elaborate the mechanisms including preliminary injunctions that ensure th at 
pharmaceuticals infringing a valid patent cannot be put on the market?   
 
Answer  
The legislation of Russian Federation provides all necessary measures to protect the rights of 
legitimate patent holders. To improve the protection of intellectual property  rights, especially 
patent rights in the system of Arbitration courts of the Russian Federation a Court for intellectual 
property rights was created. The competences of the court set out in the Arbitration procedural 
Code of the Russian Federation of 24  July 2002 No.  95-FZ. Chapter 8 of the Code provides for the 
possibility of interim measures. Interim measures are urgent interim measures to ensure the real 
possibility of execution of the decision under the claim of the applicant and applied on the basis of  
a decision of the arbitration court. The application of preliminary injunctions are allowed at any 
stage of the judicial process. The decision of the Court can be made in the availability of at least 
one of the following grounds: a) failure to take such m easures can complicate or make impossible 
execution of the judicial certificate including if execution is supposed outside of the Russian 
Federation; b) security measures applied to prevent the causing of significant harm to the 
applicant. In relation to t he issue of circulation of medicines, it should b e noted that Article 68 of 
the Law No.  61-FZ 2010 "On the Circulation of Medicines" determines the liability for infringement 
of the law.  
Page 111 para 3.274 . Despite all these efforts, IP enforcement, espe cially piracy, is still the main 
concern for the Russian Federation's trading partners. Efforts to strengthen copyright protection in 
the digital environment resulted in the adoption of two special laws on copyright enforcement since 
2013.  
 
EU Question No . 88 
How is the Russian Federation planning to improve IP enforcement, fundamentally as 
far as piracy is concerned?  
 
Answer  
Despite the adoption of the anti -piracy legislation, the Russian Federation will continue to toughen 
up the provisions aimed at pr eventing illegal use of objects of copyright and related rights on the 
Internet. The Russian Federation will also continue to develop new approaches towards solving the 
problem of Internet piracy. Currently, there is debate about an initiative to establish  administrative 
responsibility for the site owner and the hosting provider if they fail to block illegal content at the 
request of the copyright holder seeking an extra -judicial settlement. Also there are discussions on 
issues related to the prohibition of  advertising on websites to which access has been limited by a 
court ruling. Besides that, Ministry of Telecom and Mass Communications of the Russian 
Federation is cooperating with concerned copyright holders and legal institutions developing the 
procedure  of rapid response to automatically created "mirrors" of webpages that contained 
repeatedly and illegitimately published copyright and related rights objects or information defining 
ways to obtain those objects through information -telecommunication network s.  
 
Page 113 para 4.7 on agri trade  "During the 2012 -15 period, in value terms, exports and 
imports of agricultural products fluctuated, with a decline in 2015 compared to 2014": looking at 
aggregate values, exports and especially imports shrinked"  
 WT/TPR/M/345/Add.1  
 
- 156 - 
 
  EU Q uestion No. 89  
Could the Federation of Russia give figures on the change in imports' origins from the 10 
biggest importing origins (preferably with EU -28 as one entity)?  
 
Answer  
Top-10 Russian agricultural im port partners in 2014 and 2015  
(US$ bln)  
 2014  2015  
1 EU 11.8 EU 5.7 
2 Belarus  3.8 Belarus  3.2 
3 Brazil  3.6 Brazil  2.6 
4 China  1.9 China  1.5 
5 Turkey  1.8 Turkey  1.4 
6 United States  1.4 Ecuador  1.1 
7 Ecuador  1.2 Indonesia  0.86 
8 Paraguay  1.2 Paraguay  0.86 
9 Ukraine  1.0 Argentina  0.7 
10 Argenti na 0.9 Chile 0.6 
Source:  The Federal Customs Service of Russia.  
Page 115 Agri trade policies  
"The sub -programme "Development of credit & financial system in the agro -industrial complex  was 
introduced at the end of 2014 to encourage investment in agricultu re, including support for import 
substitution".  
 
EU Question No. 90  
Is this the only measure to support import substitution? Could the Russian Federation 
confirm that this subprogramme is part of the 7 year "state programme for agricultural 
development"? I s the focus on import substitution meant to last?  
 
Answer  
The Russian Federation applies different support measures aimed at enhancing domestic 
production, including those measures contained in the State Program me for Agricultural 
Development and Regulati on of Agricultural Products, Raw Materials and Food Markets for 2013 -
2020. The sub -program me "Development of financial and credit system in the agro -industrial 
sector " is part of the State Program me which focuses on agricultural development and 
improvement  of domestic production and lasts until 2020.  
 
Page 115 para 4.16. "In the Russian Federation, the Ministry of Economic Development is 
responsible for allocation of TQs among importers with allocations based on historical imports. 
Then, based on an importe r's application, the Ministry of Industry and Trade may issue a license 
for imports under the TQ. The license is valid for one calendar year. Fill rates among the TQs vary 
from one quota to another and from one year to another (Table 4.3)".  
 
EU Question No . 91 
Could the Russian Federation provide TRQs import data (not available for pork 
trimming)? Is there a public web link  which could provide information on importers 
authorized under a TRQ? Could the Russian Federation clarify if these imports are 
subject to automatic licencing or not?  
 
Answer  
Statistical data on in -quota import of pork trimming is included in import statistics for tariff quota 
for fresh, chilled and frozen pork. The main reason for it to be presented in the aggregate form is 
that particula r HS codes attributed to the TRQ for pork trimmings (HS 0203 29 550 2 and 
HS 0203 29 900 2) were also included in the list of HS codes attributed to the TRQ for fresh, 
chilled and frozen pork. In fact that gave Russian import companies the possibility to d eclare pork 
trimmings at the Russian Federation Customs as imported either under the TRQ for trimmings or 
under the TRQ for pork meat. Statistical data on in -quota import could be found in Russia's 
market access notifications (G/AG/N/RUS/4, G/AG/N/RUS/8, a nd G/AG/N/RUS/12).  
 WT/TPR/M/345/Add.1  
 
- 157 - 
 
  The information on particular importers as well as TRQ volumes allocated to  them could be found 
on the web site of the Ministry of Economic Development of the Russian Federation  at: 
http://economy.gov.ru/minec/about/structure/depfare/index  (Russian only).  
Non-automatic licenses are applied for imports under TRQs.  
 
Page 116 Paragraph 4.18 details the support for maize. The EU notes that interventions prices 
are fixed for maize as well as to wheat, rye and barley. However in the notification for domestic 
support for 2014 (G/AG/RUS/9) only wheat, rye and barley is reported in table DS:5.  
 
EU Question No. 92  
Does the Federation of Russia in the future intend to inc lude maize in the notification for 
domestic support, and can Russia indicate the size of the market price support for these 
two cereals in 2014 and in 2015?  
 
Answer  
Due to stable market prices for maize in 2012 -2015 the intervention mechanism had not been 
applied. Hence, since 2012 market price support for maize has never been provided. For the next 
domestic support notification Russia will include the information on market price support provided 
for maize or other agricultural products in the next reportin g period, if such support is provided.  
 
Page 116 para 4.21 on decoupled income support. " Accordin g to this Russia has spent 
Rub 22.8 billion on direct payment (Federal and sun Federal ) and that these payments are granted 
on a per hectare basis. "  
 
EU Ques tion No. 93 
Could the Federation of Russia describe more in detail the eligibility criteria for these 
payments and which obligations farmers have to fulfil to qualify for these payments?  
How does the Federation of Russia intend to notify these direct payme nts under DS:1 
notification ?  
 
Answer  
Decoupled support is calculated independently from production volumes and external (internal) 
prices. These payments are based on income of agricultural producers. In order to get access to 
this kind of support there a re two basic factors: the presence of sowing area and the status as an 
agricultu ral producer. According to the n ational report on progress and results of the 
implementation in 2015 the State program me for agricultural development and regulation of 
agricult ural products, raw materials and food markets for 2013 -2020 published by the Ministry of 
agriculture, the payments are often used by agricultural producers for purchasing fuel, crop -
protection chemicals and etc. Payment assignments are determined by agricu ltural producers 
themselves and not tied with decoupled support mechanism. In this regard, decoupled income 
support is notified in supporting table DS:1.  
 
Page 122 Agricultural machinery subsidization  
 
EU Question No. 94  
Could the Russian Federation explai n what is the rationale for including local production 
requirements for producers of agricultural machinery in order to receive federal 
subsidies? Could also the Russian Federation demonstrate that subsidies  are granted 
also to manufacturers  that don't self-produce  (self -supply) some of the 
parts/components needed for their final product?  
 
Answer  
According to the Government Resolution No . 1432 of 27 December 2012 "On Adoption of the Rules 
for Granting Subsidies for Agricultural Machinery and Equipment " the subsidy is granted to legal 
entities of the Russian Federation. Article III:8(b) of the GATT 1994 reserves the right to provide 
subsidies exclusively to domestic producers. Requirements for the subsidy do not prevent 
producers of agricultural machinery fr om using imported goods in production process.  
 
EU Question No. 95  
Could the Russian Federation provide the legal basis for granting export subsidies  to 
manufactures  of agriculture machinery?  
 WT/TPR/M/345/Add.1  
 
- 158 - 
 
  Answer  
The Russian Federation does not grant subsidies conting ent upon export performance in the 
meaning of Article 3.1(a) of the SCM Agreement to producers of agricultural machinery.  
 
Page 131 section 4.1.3 Fisheries  
Para 4.54 states that " Russia is one of the biggest fishing nations in the world ". Para 4.66  
page 134 refers to subsidies but does not give details nor amounts.  
 
EU Question No. 96  
Could the Russian Federation give details about its subsidies to fishing organization s 
(amounts, types of organization s)? What are the Russian Federation' s intentions 
regardin g proposed disciplines to be established at a multilateral level in this area?  
 
Answer  
Financial support for fisheries sector is performed under the State Program me "Development of 
Fisheries" adopted by the Resolution of the Government of the R ussian Fede ration No. 314 of 
15 April 2014. This support is provided to fisheries organizations (except for state and municipal 
entities) and individual entrepreneurs in the form of direct funding from the federal budget for 
partial compensation of interest rates on loans borrowed for construction and modernization of 
fishing vessels, fish processing infrastructure and fisheries products storage facilities. The amount 
of support was R ub 233 million in 2013 and R ub 6 million in 2014. These support measures are 
planned to be applied until 2018. The Russian Federation welcomes the discussion on fisheries 
subsidies at a multilateral level, including at the WTO. All proposals on fisheries subsidies will be 
considered properly by the Russian authorities.  
 
Page 134 section 4. 2  
The EU notes that renewable energy, apart from hydro energy, so far is still of marginal 
importance for Russia's electricity supply.  
 
EU Questio n No. 97  
What are Russian Federation's intentions regarding this source of energy? What are the 
plans given t hat in some areas, the government links its support schemes to local -
content requirements? For example, for wind energy tenders the requirement for 2016 
stands ay 30%, increasing to 65% by 2020  
 
Answer  
In 2013 the g overnment of the Russian Federation adop ted the renewable energy sources (RES) 
support program me on the wholesale market. The RES support program me on the wholesale 
market includes competitive selection of the investment projects in respect of construction of 
generating facilities based on three  technologies: wind power, solar energy and hydropower (small 
hydropower plants under 25 MW) and conclusion of treaties on power supply to the wholesale 
market.  
According to the results of competitive selections of the RES in 2013 -2016 120 RES generating 
facilities with total power amounting to 2055,64 MW were selected. Around 306,5 billion rouble s of 
private investments were attracted. Today 5 generating facilities which operate on the basis of 
solar power with total power of 60,2 MW are in force. In 2016  22 RES with total power of 279 MW 
are expected to put in force.  
 
Page 141 Para 4.101 . "Gazprom is the only entity with permission to export gas out of the 
territory of the Russian Federation. Gazprom is 38.4% state -owned, with another 11.9% owned by 
compa nies controlled by the State. The remaining shares of Gazprom are privately owned. In 
2014, Gazprom produced 443.9 billion cubic meters of natural and associated gas, 14.5 million 
tonnes of condensate, and 35.3 million ton nes of oil. Gazprom accounts for 1 2% of the world's gas 
production. Gazprom also purchases gas from central Asian producers, and has a number of joint -
ventures and production -sharing agreements with central Asian producers."  
 
EU Question No. 98  
Could the Russian Federation clarify whether,  and under which conditions, third parties 
enjoy the right to use Oil Pipelines and Gas Transmission System for domestic and 
international transport? Could the Russian Federation confirm that it provide freedom of 
transit in energy products based on its WT O Accession commitments (ACC WP Report WT/TPR/M/345/Add.1  
 
- 159 - 
 
  para. 1161). If yes, please provide the legal act which ensures freedom of transit for 
energy products.  
 
Answer  
According to A rticle 27 the Federal Law No. 69 -FZ of 31 March 31999 "On gas supply in the 
Russian Federa tion" the organizations – owners of gas supply systems  shall be obliged unless 
otherwise is provided for by the L aw No. 69 -FZ of 31 March 1999 "On gas supply in the Russian 
Federation" to provide non -discriminatory access to any organizations carrying out activities in the 
territory of the Russian Federation to free capacities of the gas transportation and gas distribution 
networks belonging to them in the order prescribed by the Government of the Russian Federation. 
The gas intended for transportation by t he mentioned organizations must satisfy the requirements 
approved in accordance with the order established by the Government of the Russian Federation.  
 
As for oil pipelines the Rules on granting non -discriminatory access to the services of subjects of 
natural monopoly on transportation of oil (petroleum products) via main pipelines in the Russian 
Federation has been adopted by the Decision of the Government of the Russian Federation No. 218 
of 29 March 2011.  
 
These rules define the procedure for granting to persons carrying out activities in the territory of 
the Russian Federation non -discriminatory access to the services of subjects of natural monopoly 
on transportation of oil (petroleum products) via main pipelines for the purposes of consumption 
on dome stic market of the Russian Federation and supply outside the territory of the Russian 
Federation.  
 
The matters related to the possibility of third parties to use oil pipelines and gas transmission 
system for international transit are also regulated by bil ateral governmental agreements.  
 
Russia reiterates that GATT Article V does not cover transit through oil pipelines and gas 
transmission systems.  
 
Page 143 para 4.3.1 on financial services.  
 
Questions No.  99 to 101  
No. 99 
Could the Russian Federation give  information about its policy to reduce non-performing  
loans in the banking sector?  
 
Answer  
According to the Russian law, the Bank of Russia as a banking regulator does not interfere in 
banks' operational activities. Therefore, it influences banks' lending  policies by requiring adequate 
loan loss provisions and capital coverage for loans depending on their credit quality. Non -
performing loans are subject to strict minimum loss provisioning (starting from 50% and above) 
with limited forbearance for banks.  
The greatest part of "bad loans" has been restructured. The share of restructured loans in the 
volume of large loans is approximately 31%, 13.7% of which belong to the prolonged loans (44% 
of the amount of restructured loans). New loans provided by banks ha ve much better quality; this 
primarily relates to retail loans.  
 
The process of restructuring of currency mortgage  housing  loans is actively undergoing. The 
prolongation of the term of lending and the reduction in interest rates while maintaining the 
currency, the conversion of the loan into roubles as well as the provision of a grace period for debt 
servicing can  be attributed to the most widespread restructuring schemes applied by banks.  
 
No. 100 
The Russian Federation in its GATS commitments indicated a review of the operation and 
necessity for the implementation of temporary discretionary measures.  
 
No. 101 
Could the Russian Federation report on the state of play?  
 WT/TPR/M/345/Add.1  
 
- 160 - 
 
  Answer  
In accordance with the WTO commitments of the Russian Federation, the issue on nec essity to 
introduce the quota on the participation of foreign capital in the charter capital of credit 
organizations and the implementation of temporary discretionary measures in the banking sector 
within five years after accession (the prohibition to open  direct branches of foreign credit 
institutions) has been considered in the context of preparation and deliberation of the next draft 
Federal Laws:  
 
 No. 29 -FZ as of 14  March 2013 "On amendments to certain legislative acts of the Russian 
Federation", which,  for the purpose of implementation of the transparency principle, has 
enshrined in law the provision on banning the opening of branches of foreign banks in the 
territory of the Russian Federation;  
 No. 372 -FZ as of 14  December 2015 "On amendments to A rticles 16 and 18 of the Federal 
Law "On banks and banking activities" which established the quota of participation of foreign 
capital in the aggregate charter capi tal of credit institutions at a 50% level of the aggregate 
charter capital of these credit organiz ations.  
 
Additional considerations contributing to make these decisions were the methodological 
requirements of the negotiations on Russia's accession to the OECD according to which the 
acceding country should avoid fixing in their commitments "precautiona ry measures" and should 
reflect only those measures that are secured in legislation.  
 
P148, paragraph 4.132: The Russian Federation applies a total foreign investment quota 
limitation on the whole sector. The share of foreign capital in the charter capital  of all insurance 
companies registered in the Russian Federation is not permitted to exceed 25%.86 If the indicated 
maximum allowable shareholding is attained or exceeded, the CBR no longer issues permits for the 
performance of insurance activities to subs idiaries of foreign insurance companies and insurance 
organizations (foreign investors' share of which is above 49%).  
 
EU questions No 102 and 103  
No. 102  
Could the Russian Federation explain in detail the methodology used to calculate the 
share of foreign  capital in the charter capital of all insurance companies registered in 
the Russian Federation?  
 
Answer  
In accordance with the Federal L aw of 27 November 1992 No. 4015 -1 "On Organization of 
Insurance Activity in the Russian Federation", the aggregate rat io (quota) of foreign participation 
in the charter capital of insurance organizations since 1 January 2013 is 50%. The calculation of 
the quota of foreign participation in the insurance sector including the calculation of the total 
capital belonged to insu rance organizations (in the aggregate charter capital of insurance 
organizations) is done in accordance with the regulations of the Bank of Russia which are the 
subordinate acts of the Russian Federation.  
 
No. 103 
The Russian Federation has provided the sh are of foreign capital participation in the 
banking system from 2008 to 2016 (see Chart 4.4 in the Report by the Secretariat). 
Could the Russian Federation provide the same information for the insurance sector?  
 
Answer  
The total amount of capital owned by  foreign investors and their subsidiaries in the charter capital 
of insurance organizations  
Year 2008  2009  2010  2011  
Value 15 126 227 045  20 859 263 412  23 679 482 536  34 374 047 375  
Quota in %  9,59 13,49  16,02  22,42  
 
Year 2012  2013  2014  2015  2016  
Value 33 433 338 000  36 218 585 651  34 394 419 000  33 885 802 000  39 601 692 000  
Quota in %  18,1 17,41  15,88  15,4 20,93  
 WT/TPR/M/345/Add.1  
 
- 161 - 
 
  Also for your information, the ratio (quota) of  the participation of foreign capital in the charter 
capital o f insurance organizations is  50% from 2013, before that it was 25 %. 
 
The information about the ratio (quota) of participation of the foreign capital in the charter capital 
of insurance organizations is posted on the website of the Bank of Russia on the Internet as of the 
1st of Janua ry of the current year no later than the 1st of March of the current year.  
 
Page 156 se ction 4.3.3.4 on Air transport  
The EU notes that  the system of Siberian overflight charges has not so far been "modernized" 
despite the fact that the Agreement from 2011  between the European Commission and the 
Russian Government postulated adjustments to be in force since 1 January 2014.  
 
EU Question No. 104 
What are Russia's intentions in this regard?  
 
Page 155 para 4.165  on rail transport informs that this sector is su bject to price control.  
 
Answer  
The Agreement between the European Commission and the Government of the Russian Federation 
of 2011 provides not only the obligations of the Russian Federation, but also the obligation of the 
EU and its Member countries. In p articular, parties should agree on the mutually acceptable 
measures that allow preserving the balance of rights on the bilateral agreements on air transport. 
In this regard, the Russian Federation is of the view that all matters regarding granting of traff ic 
rights to the air carriers of parties should be resolved in the framework of negotiations between 
the aviation authorities of Russia and other countries. The Russian side is ready to such 
negotiations.  
 
EU Question No. 105  
Are the prices applied (follo wing Government control) different in case of foreign 
suppliers' services?  
 
Page 155 para 4.173 4.173 " Article 31.1 of Law No. 257 -FZ of 8 November 2007 "On roads and 
traffic activities in the Russian Federation and on amendments to some legislative acts o f the 
Russian Federation", which entered into force on 15 November 2015, established that the 
movement of vehicles exceeding the permissible maximum mass of 12 tonnes on roads of general 
use with federal status are allowed only if compensating for all the expenses to the roads caused 
by such vehicles .  
 
Answer  
The tariffs for the railway cargo transportation and for the use of the infrastructure of the Russian 
Railways is set out by the price list No. 10 -01 "Tariffs for cargo transportation and infrastructu re 
services performed by Russian Railways".  
 
The levels of tariffs for transportation are determined by the distance but not by the origin of the 
service supplier.   
The tariffs for the use of infrastructure of the Russian Railways consist of:  
  the price fo r occupying the infrastructure of the Russian Railways by a cargo train or a 
locomotive in a single following;  
  the price for the organization of moving of rolling stock units along the infrastructure of the 
Russian Railways (including loaded and empty car s, cars with stewards, locomotives not 
used for the traction of trains and other railway rolling stock) as part of freight trains;  
  the price for the organization of moving of a locomotive along the infrastructure of Russian 
Railways used for traction of f reight trains, or in a single following.  
The levels of tariffs do not differ depending on the origin of service suppliers.  
 
EU Question No. 106  
Could the Russian Federation explicit what "all expenses" above mentioned concretely 
and in details cover?  
 
Answer 
Article 31.1 of the Federal Law of 8 November 2007 No. 257 -FZ "On highways and on the road 
activity in the Russian Federation" literally says the following: "The movement of vehicles WT/TPR/M/345/Add.1  
 
- 162 - 
 
  exceeding the permissible maximum mass of 12 tonnes on roads of gener al use with the federal 
status is allowed subject to payment of fee towards the compensation of damage to the roads 
caused by such vehicles." There is neither a reference to different types of expenses nor the 
reference to the "expenses" as a general term in the Law. The amount of fees and the procedure 
for its collection from vehicles exceeding the permissible maximum mass of 12 tonnes has been 
established by the Resolution of the Government of the Russian  Federation of 14 June 2013 
No. 504 "On charging fe es for the expenses to the roads of general use with federal status by 
vehicles exceeding the permissible maximum mass of 12 tonnes" at the level of 3.73 rouble s per 
1 kilometer  
WT/TPR/G/ 345 
 
Page 6, para 4.11. "At the end of 2015, the time of customs opera tions in respect of imported 
goods (provided that those goods were not subject to additional controls and were not identified as 
risky, thus requiring further inspection) was 1 hour 37 minutes, and 50 minutes in respect of 
exported goods (in 2014 - 5 hours  2 minutes for imports, and 1 hour 40 minutes for export). "  
 
EU Question No. 107  
Could the Russian Federation provide the list of border crossing points above 
mentioned?  
 
Answer  
The Federal Customs Services monitors on the regular basis the time of custo ms operations in 
respect of imported and exported goods.  For the purpose of the border crossing monitoring the 
World Bank selected the following: among the railway crossing border points - Pechory Psokovskie 
(Pskov Customs), Posin (Sebejskaya Customs), Val uyki (Belgorod Customs), Bryansk -Lgovskit 
(Bryansk Customs), among the road crossing border points – Shumilkino (Pskov Customs) and 
Brusnichnoe (Viborg Customs), Post of Saint Petersburg (Saint Petersburg  Customs) as a sea 
crossing border point.  
 
EU Quest ion No. 108  
Could the Russian Federation elaborate on the definition of "risky" goods and, if possible 
provide a list of such goods? Could the Russian Federation explain whether the 
definition of "risky" goods is based on the origin of product or on the 
characteristics/features of the product? Could the Russian Federation elaborate on the 
discretion of customs officials on the specific border crossing point to take decision on 
products being risky (with relevant leg al provisions for such action).  
 
Answer  
According to the article 127 of CU Customs Code the "risky" goods are defined as goods moved 
across the customs border possessing potential risks or in respect of which the risks are revealed. 
The objects of risk analysis include: 1) goods available under cu stoms control or placed under the 
customs procedure of release for internal consumption; 2) vehicles of international transportation; 
3) information available in the foreign economic contracts of purchase and sale or exchange, 
agreements or other documents  for the right of possession, use and/or disposal of goods; 4) 
information available in the transportation (shipment), commercial, customs and other documents; 
5) activities of declaring parties and other parties enjoying authority for the goods under the 
customs control. The selection of objects of risk analysis is based on risk indicators. They are the 
certain criteria (in particular set forth in paragraph 4 of Article 7 of Agreement on trade facilitation) 
with the set values deviation from which or incom pliance with which serves the reason to perform 
the risk control of such objects.  
 
Page 6 para 4.15  
 
"A list of bona fide transport companies not required to comply with the customs transit measures 
was established within a framework of an experiment (158  transport companies)".  
 
EU Question No. 109  
Could the Russian Federation provide the list of the 158 companies above mentioned? 
Are foreign transport companies included in the mentioned list? What percentage 
number do these 158 companies have in relation  to all transport companies operating in 
the Russian market? (Please provide separate numbers for Russian Federation transport WT/TPR/M/345/Add.1  
 
- 163 - 
 
  companies in the total number of all transport companies).  
 
Answer  
For the purpose of eliminating administrative barriers for bon a fide participants of foreign 
economic activity, acceleration of passage of transportation vehicles at the border gates with 
preservation of necessary level of control by the customs authorities, the Federal Customs Service 
of Russia has decided to hold t he experiment on forming the list of bona fide Russian transport 
companies that are allowed to transit and free of customs fees and duties.  
The abovementioned experiment is being held from November 2013.  
 
As of 5 April 2016, 158 transport companies were i ncluded to this list.  
 
As of 30 June 2016, 161 transport companies were included to this list. The list of transpor t 
companies may be found at web site of Federal Customs Service: 
http://ved.customs.ru/index.php?option=com_content&view=article&id=1988:2016 -06-08-08-59-
53&catid=32:2011 -05-04-09-26-34&Itemid=1839 . 
Russia does not keep statistics concerning transpo rt companies operating in the Russian market. 
The list of Russian carriers admitted to cargo tra nsportation may be found at web site of 
Rostransnadzor:  http://auto.rostransn adzor.ru/deyatel -nost/reestry/reestry -dopuskov/ . 
 
Page 9 para 4. 40  […]"In 2014, the list of strategic activities was expanded to include such 
activities as evaluation of vulnerability of transport infrastructure facilities and vehicles; protection 
of suc h facilities from unlawful interference, carried out by transportation safety forces; 
certification of transportation safety forces carried out by the certifying organization in accordance 
with the Russian legislation on transportation safety. " 
 
EU Questi on No. 110  
What are the impact of such restrictions – now extended - on former foreign service 
providers? Could Russia elaborate and give some figures in terms of economic impact 
and market restrictions?  
 
Answer  
In 2014 three types of activities deemed to b e of strategic importance were included in the list of 
strategic activities, explicitly provided by the Article 6 of the Federal Law No. 57-FZ "On the 
Procedure for Facilitating Foreign Investment in Juridical Person Having Strategic Importance for 
Nationa l Defence and State Security " of 29 April 2008:  
1)  evaluation of the vulnerability of transport infrastructure facilities and the means of 
transport by specialized organizations;  
2)  protection of transport infrastructure facilities and the means of transport b y transport 
security units from acts of unlawful intervention;  
3)  certification of transport security units by the certifying organizations.  
The Russian Federation legislation does not have retroactive force. This implies that foreign 
investors with establis hed investments in the areas mentioned above are not to file any documents 
and bear any extra administrative burden related to such changes.  
However, any further foreign investors' deals towards strategic juridical person taking place after 
the amendments came into effect are to be closed according to the Law No.  57-FZ (filing a motion 
for the preliminary approval of the Government Commission on Monitoring Foreign Investment 
etc.).  
Restrictions on foreign investments may be imposed, for example, in cases wh en during the 
examination of transaction entailing the imposition of control over juridical persons of strategic 
importance for the national defence  will reveal factual threats to the state security and national 
defence of the Russian Federation in case of  realization of such foreign investors' transactions (in 
accordance with Federal Law No. 57 -FZ of 29 April 2008 "On Foreign Investments in Business 
Companies of Strategic Importance for the National Defence  and Securing of the State") . WT/TPR/M/345/Add.1  
 
- 164 - 
 
  Page 8 para 4.29 and  4.31 on export credit  
 
EU Question No. 111  
To what extent loans were awarded by the EXIAR and which countries the loans were 
granted? To what extent loans were awarded by the Roseximbank (in para 4.31)? 
What are the definition and scope of "medium -sized c ompanies" (in para 4.31), for 
example in terms of turnover, market share, number of staff, capital?  
 
Answer  
The Russian Federation would like to note that EXIAR does not provide any loans. EXIAR was 
established to provide insurance for export credits and investment. The information on the 
geographical coverage of EXIAR insurance is given in the Report of the Secretariat in para. 3.116 
and Table 3.3 (page 74 of the Report).  
Eximbank of Russia can offer the classic interest make -up scheme. The set of goods and services 
eligible for such support is stipulated by the Decree of the Ministry of Ind ustry and Trade of the 
Russian F ederation No. 1809 of 2 July 2015. The decisions on provision of individual loans under 
this programme are taken by the Bank, however t hey are subject to approval by the Ministry of 
Industry and Trade of the Russian Federation.  
The definitions of SME compani es are provided in the Federal L aw No . 209 of 24 July 2007.  
 
Page 13 para 5.3. " Upon the entry into force of the Treaty on the Euras ian Economic Union, 
Russia has lost its right to unilaterally conclude regional trade agreements on trade in goods with 
the third countries. Therefore, free trade in goods with a third party may be established exclusively 
on the basis of a Free Trade Agree ment between the Eurasian Economic Union and such third 
party. At the same time Russia can still autonomously conclude regional trade agreements on 
trade in services. "  
 
EU Ques tion No. 112  
Could the Russian Federation  elaborate more on its FTA with Viet  Nam which is signed 
and should enter into force by 2017 and on the perspectives for implementation, the 
benefits expected? Can other members of the EAEU benefit of it by for example being 
parties to this FTA? Could the Federation of Russia report on its ong oing other initiatives 
regarding FTAs with third countries?  
 
Answer  
Viet Nam and all 5 member states of Eurasian Economic Union (EAEU) are parties to this FTA that 
is why it is expected that such agreement will facilitate the mutual promotion  of trade in  
originating goods to the territories of the Parties to this agreement. The mentioned FTA will enter 
into force in early October 2016. Regarding the on -going initiatives on FTA with third countries 
EAEU and its Member States are planning to launch FTA negoti ations with Israel before the end of 
2016. Currently the EAEU conducts joint feasibility study on possible FTA with India, Iran, Egypt.  
 
Page 13 section 5.2 on CIS FTA  
 
Page 13 Para. 5.8.  In contrast to the previous bilateral free trade agreements between Russia 
and its CIS partners, the aforementioned Agreement provides not only a free trade regime, but 
also a uniform set of rules for contingency measures, technical regulations, application of sanitary 
and phytosanitary measures, and customs administration . 
 
EU Questions No. 113 and 114  
No. 113 
Could the Russian Federation provide more details regarding the uniform set of rules 
provided for in the CIS Free Trade Area Agreement on contingency measures, technical 
regulations, application of sanitary and phyto sanitary measures, and customs 
administration. In particular the interplay between the provisions of the CIS Free Trade 
Area Agreement and the EAEU?  
 
No. 114 
Could the Russian Federation detail further the uniform set of rules provided for in the 
CIS Free Trade Area Agreement on contingency measures, technical regulations, 
application of sanitary and phytosanitary measures, and customs administration. In WT/TPR/M/345/Add.1  
 
- 165 - 
 
  particular the interplay between the provisions of the CIS Free Trade Area Agreement 
and the Eurasian Ec onomic Union.  
 
Answer s to No. 113 and 114 
There isn't any interplay between provisions of the Treaty on a Free Trade Area between members 
of the Commonwealth of Independent States (CIS) and Treaty establishing the Eurasian Economic 
Union (EAEU), because th ese Treaties concerning different stages of economic integration.  
 
The Treaty on the EAEU provides for the free movement of goods, services, capital and labour and 
also for coordinated and agreed common policy in a number of areas while Treaty on a Free Tr ade 
Area between members of CIS is devoted only to formation of conditions for a free flow of goods.  
 
According to the Treaty on a Free Trade Area between members of CIS Parties shall apply 
technical measures, including technical regulations, standards and  procedures of conformity 
assessment, while being guided by the rules and principles of the WTO Agreement on Technical 
Barriers to Trade. The Parties shall cooperate in the field of standardization, metrology, 
assessment (confirmation) of conformity, accre ditation, state control (supervision) within the 
framework of the Interstate Council for Standardization, Metrology and Certification under the 
Agreement on Coordinated Policy in the Field of Standardization, Metrology and Certification of 
13 March 1992.  
 
The Parties shall apply SPS measures guided by the rules and principles of the WTO Agreement on 
the Application of Sanitary and Phytosanitary Measures, as well as international treaties in the 
relevant fields whose participants they are.  
 
The Parties shall  apply contingency measures in accordance with respective articles of the WTO 
Agreements.  WT/TPR/M/345/Add.1  
 
- 166 - 
 
  11  QUESTIONS FROM NORWA Y 
Foreign Direct Investment  
1. In the report of the Secretariat, key concerns for foreign investors investing in the 
Russian Federation include corr uption, transparency, rule of law, tax rates and 
complexity of tax regulations, access to financing, and respect for property rights. To 
attract foreign investments, a market must offer stable and predictable framework 
conditions.  
 
Which concrete steps hav e been taken to secure a predictable framework in the Russian 
market for foreign investors? How will the Russian Federation address concerns as 
regards the implementation of the rule of law including the independence of the 
judiciary?  
 
Answer  
Guarantees of  protection of foreign investments in the territory of the Russian Federation are 
provided for both by domestic legislation and by international agreements.  
In accordance with the Federal Law No. 160 -FZ "On Foreign Investment in the Russian Federation" 
as of 9 July 1999 foreign investor shall be granted full and unconditional protection of rights and 
interests in the territory of the Russian Federation as provided for in 160 -FZ, other federal laws 
and other normative legal acts of the Russian Federation and  international treaties of the Russian 
Federation.  
According to A rticle 10 of 160 -FZ dispute of a foreign investor arising in connection with such 
investor's investments and entrepreneurial activities in the territory of the Russian Federation shall 
be res olved in compliance with the international agreements of the Russian Federation and federal 
laws of the Russian Federation in the court or arbitration court or in an international arbitration 
court.  
The existing investment promotion and protection agreemen ts of the Russian Federation provide 
for dispute settlement procedures between one contracting party and an investor of the other 
contracting country, as well as dispute settlement mechanism for disputes between the contracting 
parties on the matters of in terpretation and application of the provisions of the Agreement.  
Moreover, to address the issues faced by entrepreneurs, including those related to illegal actions 
committed against them, the Business Ombudsman was appointed in the Russian Federation in 
2012, who is empowered to protect entrepreneurs' interests and facilitate their cooperation with 
the State authorities.  
 
SPS-issues  
 
2. In the "Report of the Working party on the accession of the Russian Federation to the World 
Trade Organization " (WT/ACC/RUS/7 0) the Russian Federation explained in Article 918 that 
regulation provided three ways for a country to have their establishments included in the 
"Registry of establishments authorized  for export" (to the territory of the Custom Union). 
These three ways we re: i) a system audit of the exporting Party's National Food Safety 
Authority (NFSA), ii) guaranties provided by the NFSA or iii) i nspections of individual 
establishments. The document " Regulation on common system of joint inspections  of objects 
and sampli ng goods (products),subject to veterinary control (supervision)"  confirms that 
system audits is the basic approach.  
 
From the experiences with inspections of seafood enterprises performed in Norway by 
the Russian Federation after its accession to the WTO,  it is Norway's understanding that 
these inspections do not constitute a system audit of our competent authority, but 
instead target the individual enterprises. This is not in line with Article 918. Norway 
asks the Federation of Russia to present its work to implement system based audits as 
the preferred audit tool to include establishments of the exporting Party in the "Reg istry 
of establishments authoriz ed for export".  
 
Answer  
According to the Eurasian Economic Commission Decision as of 9 October 2014 No.  94 on the 
Regulation on the Harmonized procedure of Joint On -site Inspections and of Taking Samples of 
Goods (Products) subject to Veterinary Control (Supervision)), to start the audit procedure the 
exporting country competent authority should send to the  competent authority of the EAEU WT/TPR/M/345/Add.1  
 
- 167 - 
 
  Member State application, where audit conduction area should be mentioned, including products 
groups specification and precise establishments  activities under control.  
Currently, audit is held in the Latin America countries . After its completion, other received 
applications will be considered in the request order.  
 
3. Norway would ask the Russian Federation to clarify whether or not the members of 
the Eurasian Customs Union  (ECU) have individual registers of establishments 
authorized  for export to them or a common register for all members of the Customs 
Union?  If the ECU members have individual registers and there are discrepancies 
between these registers, what are the consequences for circulation of goods in the 
ECU?  
 
Answer  
There is the Common EAEU Registry for the third countries establishments which consists of 5 
national parts (registries). If the establishment is, for example, in the Russian part of Common 
Registry, it means that this establishment applied Russian competent  authorities to include it. If 
the establishment is included in any part of the Registry, it has the right to export its products to 
every EAEU Member. Currently, the integrated information system of international and internal 
EAEU trade is developing. Bef ore it will begin to function every EAEU Member shall publish its 
registries on the nat ional competent authorities web sites. To avoid any discrepancies between the 
registries transparency rules form the basis of our cooperation.  
 
Maritime transport  
 
4. Accord ing to media reports, as well as reports by the International Chamber of 
Shipping (ICS), we understand that Russia is debating pos sible changes to its so -
called "Subsoil Law" , whereby the carriage of Russian "shelf hydrocarbons"  – i.e. oil 
and gas – might be restricted to Russian -flagged ships from 2020. It is unclear to 
what extent these changes might apply to international trades in addition to 
cabotage. Yet we understand that draft amendments to the law are now the subject 
of consultations before being p ut before the Russian Parliament, possibly during 
2016.  
 
Would it be possible to provide an update with regard to the status of this bill? How may 
such a bill relate to WTO commitments on maritime transport?  
 
Answer  
The Ministry of Transport of the Russia n Federation is responsible authority for elaboration of draft 
Federal Law "On amendments to certain legislative acts of the Russian Federation to improve the 
legal regulation of relations related to use of vessels for the exploration and development of 
mineral and other non -living resources of the seabed and its subsoil".  
The elaboration of the Draft law has not been completed yet. The new regulations if adopted will 
be implemented in line with Russia's  WTO commitments.  WT/TPR/M/345/Add.1  
 
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  12  QUESTIONS FROM JAPAN  
3 TRADE POLIC IES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.6 Intellectual property rights  
 
Questio n 1 
Page 100, Paragraph 3.217  
 
Please let us know whether the Russian Federation considers the innovator's test data 
of new pharmaceutical p roducts once made public can be used to obtain the marketing 
approval for their generics, even during the period of the regulatory data protection, in 
consideration of Article 39.3 of the TRIPS Agreement.  
 
Answer  
In accordance with the law No.  61-FZ 2010 " On the Circulation of Medicines" during the period of 
six years any subsequent applicant must obtain a permission from the owner of reference 
pharmaceutical product who had registered first this product using clinical and preclinical test data. 
The law doe s not make any difference between sources of this kind of data.  
Question 2   
Page 104, Paragraph 3.232  
 
Regarding the collective management of copyright ， in the accession process and the subsequent 
TRIPS Council's review ， some WTO members questioned the point that accredited collective 
management organizations were not required to obtain the explicit authorization of the copyright 
holders.  
In response ，the Government of the Russian Federation promised that they would review its 
system of collective management of copyrights ， in order to eliminate non -contractual 
management of rights within five years after Part IV of the Civil Code entered into effect. Russi an 
Federation also confirmed that they would adopt necessary measures to monitor and hold 
accountable those organizations engaged in collective management of rights to ensure that right -
holders received remuneration that was due to them.  
We would like to k now (i) how the Government of Russian Federation has tried to 
eliminate non -contractual management of copyrights ， and (ii) how the Government of 
Russian Federation holds accountable those organizations in collective management of 
rights in this regard. We also would like to know if the Government of Russian 
Federation has made or prepared for the revisions of relate d laws and regulations.  
 
Answer to Question 2  
Part IV of the Civil Code (Article 1244) regarding non -contractual rights management provides for 
only those cases of using the objects of copyright and related rights where the multiplicity of 
organizations ma naging one category of rights is not effective to protect the rights and legitimate 
interests of the rights holder, as it leads to rivalry among such organizations and an intentional 
reduction of rates to users that pay remuneration in favor of rights hold ers, and also creates 
conditions for abusive users.  
State accreditation, which was introduced in the Russian Federation (Article 1244 of the Civil 
Code), brought positive changes for the collective rights management system, manifested 
primarily by the upw ard dynamics of payments to both Russian and foreign rights owners.  
Cancellation of state accreditation will negatively affect the rights of copyright and related right 
holders and ruin the existing effective system protecting their rights.  
With the aim t o protect the rights holders Part IV of the Civil Code (Article 1243, paragraph 6) was 
supplemented by provision regarding responsibility of rights management organizations in the case 
of non -payment of fees collected for the owners.  
In order to increase the transparency of organizations that are accredited for rights management, 
the Russian government is developing measures to strengthen control over the activities of rights 
management organizations by obliging them to undergo mandatory audits of their fi nancial 
accounts and publish the audit report on the official websites for information of all interested 
parties.  WT/TPR/M/345/Add.1  
 
- 169 - 
 
  Question 3  
Page 110, Paragraph 3.272  
 
According to the Table 3.39, the number of "Article 14.10 of Code of Administrative 
Offences (illegal us e of trademarks)" became doubled from 2012 to 2015. We would like 
to know the reason and background why the number became so increased.  
 
Answer to Question 3  
The number of offenses detected under "Article 14.10 of the Code of Administrative Offences 
(Illeg al use of means of individualization of goods (works, services)" has increased due to the 
enforcement measures to protect intellectual property that are applied by the Russian Federation 
in general and enforcement agencies particularly. In accordance with Article 28.3 of the Code of 
Administrative Offences the protocols on administrative offences under Art. 14.10 could be drawn 
up, in particular, by i) officials of internal affairs  bodies (police); ii) customs officials; iii) officials of 
the bodies exercis ing federal state supervision in the field of consumer rights protection. 
Preventive measures and special operations, including international ones, conducted on a regular 
basis as well as greater cooperation between enforcement agencies and right holders h ave allowed 
to increase sharply the level of administrative offenses prevention and suppression.  
 
Question 4  
Page 110, Paragraph 3.272  
 
We would like to know whether the registration of intellectual property rights to the 
unified customs register of IP obj ects of the EAEU member States and customs 
suspension based on such register is already in operation. If the system has not been in 
effect yet, Japan would also like to know the schedule of the implementation.  
 
Answer to Question 4  
The Unified Customs Reg ister of IP EAEC (UCR) is not functioning up to the present time on 
practice. In order to put the UCR into force the draft of the Customs Code of EAEU was 
supplemented by provisions regarding the formation and maintenance of said register, as well as 
setting the Eurasian Economic Commission (EEC) as an organization responsible for its 
administration.  
At the same time in order to put UCR into force as soon as possible, the EEC has elaborated a draft 
of the Protocol amending the Agreement on the Unified Cust oms Register of Intellectual Property 
of states - members of the Customs Union from 21  May 2010 (hereinafter - Protocol). The text of 
the Protocol has been negotiated and passes now the internal procedures in the states - members 
of the EAEU required for i ts signature. The Russian side has completed the internal procedures and 
issued a Decree of the Government of  the Russian Federation from 7 July 2016 No. 1434-r on the 
approval and signing of the Protocol on behalf of the Russian Government. Due to the fac t that the 
changes to the above mentioned agreement actually duplicate the provisions relating UCR 
introduced to the draft of Customs Code of EAEU the signing of the Protocol will allow to put UCR 
into force before the Customs Code of EAEU will come into f orce. 
 WT/TPR/M/345/Add.1  
 
- 170 - 
 
  13  QUESTIONS FROM THE UNITED STATES  
PART I:QUESTIONS ON THE SECRETARIAT REPORT (WT/TPR/S/345)  
 
2 TRADE AND INVESTMENT REGIME  
2.4 Trade Agreements and Arrangements  
2.4.2 Regional Trade Agreements  
2.4.2.1 Eurasian Economic Union (EAEU)  
 
Page 32, paragr aph 2.28  
The Secretariat's Report states that the Eurasian Economic Union Treaty "expands the 
competence of the {Eurasian Economic Commission (EEC)} into a number of new policy 
areas, including financial services and agricultural policy" and "commits the p arties to 
harmonizing national policies over time in the areas of financial regulation, monetary 
policy, macroeconomic policy, competition, transportation and rail policy, labour 
migration policy, and policies regulating their markets for oil and gas." Ple ase explain 
how the EEC determines its policy directives.  In particular, please explain the role of 
each member state in that process.  
 
Answer  
On 16 of October 2015 the Decisions of the Council of the EEC No. 26 "On the main directions of 
international act ivity of the Eurasian Economic Union for 2015 -2016" and No. 28 "On the main 
directions of economic development of the Eurasian Economic Union" were approved. Such 
decisions determining the Union' s policy directives and are adopted  according to the procedur e 
established by the EEC Rules of Procedure (Decision of the Supreme Council of the EEC No. 98 
of 23 December 2014).  Each member State of the Union or the EEC by itself could propose an 
issue for consideration, which would be examined in EEC committees, th e Board of the EEC and 
then the Council of the EEC will take a decision. Some decisions of especial importance or relating 
to global issues are approved at the level of Intergovernmental or Supreme Council of the EAEU. 
All decisions, orders and recommendat ions of the EEC are taken either by consensus or by 
qualified majority of all member States of the EAEU depending on the issue.  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports  
3.1.1 Customs procedures and requirements  
 
Page 41, paragraph 3.6  
The Secretariat's Report describes the transit ban imposed by Russia as impacting cargo 
between Ukraine and Kazakhstan.  Please explain Russia's reason for this ban and 
identify a timeframe as to when transit will be restored.  Also, pl ease clarify whether the 
transit ban also impacts cargo between Ukraine and the Kyrgyz Republic, as well as 
between Ukraine and other Central Asian nations and China that need to transit 
Kazakhstan or the Kyrgyz Republic. Finally , please explain how this t ransit ban is 
consistent with Art. V of GATT.  
 
Answer  
Annex 3 of the Marrakesh agreement on trade policy review mechanism states, that this 
mechanism " is not, however, intended to serve as a basis…for dispute settlement procedures, or to 
impose new policy commitments on Members". Taking into account request of Ukraine under DSU 
for consultations on this matter, we do consider discussion of the issue as not appropriate.  
 
Page 42, paragraph 3.11  
The introduction of a single -window mechanism could streamline c ustoms procedures 
and facilitate importation procedures.  Please provide an update on Russia's progress on 
the development of this mechanism.  Also, please identify when Russia expects the 
single window mechanism to begin functioning.  
 
Answer  
The Federal Cus toms Service of the Russian Federation is actively integrating in paperless 
environment. One of the directions of this activity is a transition of paper documents into electronic 
records, which allows implement the mechanism, wherein the electronic documen t submitted to 
one governmental agency becomes available to all interested stakeholders. There are 5 several WT/TPR/M/345/Add.1  
 
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  stages of introduction of "single window". From 2014, the customs authorities located at sea ports 
are introducing software that allows exercise an  electronic interaction between all interested 
stakeholders.  
 
At the same time the work on the creation of "single window" in the framework of the Eurasian 
Economic Union is under way. According to the Decision of the Supreme Eurasian Economic 
Council of 29 May 2014 No. 68 "On the main directions of development of the mechanism of 
"single window" in the system of regulation of foreign economic activity", the representatives of 
the concerned ministries and agencies of the member -states of the Eurasian Econom ic Union, 
together with the business community, have developed a plan of measures related to the 
establishment of a "single window" and the integration of the national "single window" into a single 
cross-border area. The plan provides for the work until 20 20. 
 
Page 42 -43, paragraph 3.13  
Please clarify whether the action plan approved under FCS Order No. 1125 -r of 
29 June  2012 includes provisions to simplify Russia's import licensing regime for 
products with cryptographic capabilities, for example by allowin g certain low -encryption 
products to enter Russia "without any formalities related to encryption" as described in 
paragraph 473 of Russia's Working Party Report (WPR).  
 
Answer  
In compliance with the provisions of paragraph 13 of the Rules of issuance  of licenses and permits 
for export and (or) import of goods contained in the annex to the Protocol on non -tariff regulation 
measures with respect to third countries, being the addendum No. 7 to the Treaty on the Eurasian 
Economic Union  as of 29 May 2014, licens ing is exercised by th e competent authority within 
15 working days from the documents submission date.  
 
In compliance with the provisions of paragraph 46.2 of the Action Plan ("Roadmap") "Improvement 
of customs administration", established by the decree  of the Government of the Russian 
Federation as of 29 June 2012 No. 1125-r, providing for the reduction of the terms of issuing of 
licensing of import of the goods to the Russian Federation and export of goods from the Russian 
Federation, which are subject to  non-tariff regulation measures, established by the Treaty on the 
Eurasian Economic Union as of 29 May 2014, where permitted by other federal executive 
authorities, the Ministry of Industry and Trade of the Russian Federation issued an order  as of 
14 Septe mber 2015 No. 2759 ordering the central and regional departments of the Ministry of 
Industry and Trade of the Russian Federation to take measures to reduce the terms of issuing 
licenses for the import of goods into the Russian Federation, which  are subject  to non -tariff 
regulation measures, established by the Treaty on the Euras ian Economic Union as of 
29 May 2014, where permitted by other federal executive authorities, down to 5 working days.  
 
The decree of the Government of the Russian Federation as of 29 June 2012  No. 1125-r does not 
provide for the rules of importation into the Russian Federation  of low -encryption products 
"without any formalities related to encryption,"  as described in paragraph 473 of the Russia's 
Working Party Report.  
 
3.1.2 Customs v aluation  
 
Page 44, paragraph 3.19  
The Secretariat's Report notes that if Russia's Federal Customs Service (FCS) 
determines that the declared value may be inaccurate or cannot be supported, additional 
documentation may be requested.  Please explain whether F CS would ever request 
originals or copies of export declarations submitted to the customs authority of the 
exporting country for customs valuation or other customs processing procedures.  If 
requested for procedures other than customs valuation, please clar ify whether this 
practice would end upon entry into force of the WTO Trade Facilitation Agreement.  
 
Answer  
The customs value of goods is determined by the declarant when placing them under a certain 
customs procedures except for the customs procedure of cu stoms transit. An export declaration of 
the exporting country is not the document on the basis of which the customs value of goods is 
determined.  WT/TPR/M/345/Add.1  
 
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  An export declaration on goods upon their exportation is one of the supplementary documents 
which can be submi tted by the declarant for the purpose of confirming the information declared in 
respect of their customs values.  
 
3.1.4 Tariffs  
3.1.4.2 Applied tariffs   
 
Page48, paragraph 3.32 and  Table 3.5  
The Secretariat's Report notes that "a number of" Russia's appli ed tariffs exceeded, or 
could have exceeded, its WTO bound tariff rates.  Please identify the steps that Russia is 
taking to remedy this problem with regard to the lines identified in the Secretariat's 
Report and to prevent future occurrences.  
 
Answer  
Since  2012, the Russian Federation has significantly reduced the number of tariff lines subject to 
non-ad valorem  duties from 2028 to 1771. The combined duties on certain tariff lines identified in 
the Secretariat's Report are applied on a temporary basis with a fixed expiration date.  
 
According to Russia's WTO tariff commitments, the reduction of applied tariffs is carried out by the 
Eurasian Economic Commission on an annual basis. In the process of reconciling the level of duties 
with the EAEU members and EEC,  Russia verifies the level of specific parts of combined duties 
based on import data of respective period.  
 
3.1.4.3 Preferential tariffs  
 
Page 49, paragraph 3.35  
The Secretariat's Report notes that there are no tariffs on trade among the members of 
the Eu rasian Economic Union (EAEU).In light of the fact that Kazakhstan, Armenia, and 
the Kyrgyz Republic each have derivations from the EAEU's common external tariff, 
please clarify whether Russia applies tariffs on goods for which another EAEU member 
has a low er tariff (e.g., Armenia's tariff rate on certain poultry products) when those 
goods enter Russia from that other EAEU member state.  Also, does the "no tariffs" 
statement mean that there are no sanitary and phytosanitary (SPS) inspections at the 
border of Russia and its EAEU partners?  Are SPS measures harmonized across the EAEU?  
 
Answer  
According to paragraph 6 of Article 42 of the Treaty on the Eurasian Economic Union of 
29 May 2014 any state which has acceded to the Union shall have the right to temporary  apply 
rates of the import customs duties different from those established by the Common Customs Tariff 
of the Eurasian Economic Union (CCT) in accordance with the list of goods and rates approved by 
the Commission pursuant to an international agreement of  accession of such state to the Union.  
 
Any state which has acceded to the Union shall ensure that the goods, to which the reduced import 
customs duty rates (as compared to the CCT) are applied, shall be used only within its territory 
and shall take measu res to prevent exportation of such goods to other Member States without 
additional payment of import customs duties in the amount of the difference between the import 
customs duties of the CCT and the amounts of import customs duties paid at the importatio n of 
goods. These provisions are relevant to exemptions from the EAEU's Common Customs Tariff 
applied by Armenia and Kyrgyz Republic.  
 
Application of exemptions from the CCT by Kazakhstan is due to its WTO commitments. According 
to Decision of the Supreme Eurasian Economic Council of 16 October 12015 No. 22 Kazakhstan 
shall ensure that the goods, to which the reduced import customs duty rates are applied, shall be 
used only within its territory and shall take measures to prevent exportation of such goods to  
other EAEU's Member States.  
 
The wording "no tariffs" does not mean there is no SPS control, it means only that the control is 
provided throughout the territory of the EAEU by the national authorities within their jurisdiction. 
The SPS control is provided  on the state border if there is a specific necessity to do so: danger of 
spread or introduction of diseases, or contaminants, or pests. Nevertheless, this control considers 
the specific provisions of EAEU Treaty.  
 WT/TPR/M/345/Add.1  
 
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  According to the EAEU Treaty agreed polic y shall be conducted in the sphere of sanitary, 
veterinary -sanitary and phytosanitary quarantine measures. The agreed policy is implemented 
through joint development, adoption and implementation of international treaties and Commission 
acts. The EAEU Membe rs shall apply agreed approaches to the identification, registration and 
traceability of animals and products of animal origin. Realization of such policy presumes legal 
harmonization to the extent necessary. Significant steps have been taken towards full 
harmonization, you could estimate the reached progress and get acquainted  with the EAEU legal 
frame work on the EAEU Commission web site, section "Documents ". Meanwhile, each Member 
State shall have the right to develop and apply temporary sanitary, veterina ry-sanitary and 
phytosanitary quarantine measures.  
 
3.1.5 Other charges affecting tariffs  
 
Page 51, paragraph 3.40  
The Secretariat's Report indicates that Russia's Federal Customs Service (FCS) can 
collect VAT and excise taxes on goods that enter the EAEU from a third country; 
however, in paragraph 3.125, the Secretariat's Report notes that the EAEU member 
States have not (for the most part) harmonized their VAT and excise tax regimes.  Does 
the FCS collect VAT and excise taxes when the goods are transiting Russia for another 
EAEU member state, and if so, how are those proceeds transmitted to the destination 
country?  
 
Answer  
According to the CU Customs Code upon importation fees and charges on goods are levied by 
customs authorities in a CU member -state where  such goods will be released except for the 
customs procedure of customs transit.  
 
If such goods are subject to the payment of customs duties and fees under the customs procedure 
of customs transit they will imposed in the territory of member state of CU where they will be 
released in correspondence with the customs procedure of customs transit. Provided that under 
the CU regulation if he goods placed under the customs transit procedure are confirmed to be 
located in the territory of other CU member -state,  the customs duties and fees are to be collected 
in such state.  
 
3.1.7 Anti -dumping, countervailing, and safeguard measures  
 
Page 57, table 3.13  
The table in the Secretariat's Report identifies "Combine harvesters and modules" as a 
current measure in forc e. The measure was scheduled to expire in August 2016.Please 
confirm that the measure has expired and that there are no ongoing extension or other 
proceedings related to the measure.  
 
Answer  
The Russian Federation confirms that the safeguard measure on co mbine harvesters and modules 
expired on 21 August 2016 and there are no ongoing extension proceedings related to the 
meas ure at issue. We note that the T able 3.13 in the Secretariat's Report provides information on 
trade remedy measures in force as of May 2016.  
 
3.1.8 Standards and other technical requirements  
3.1.8.1 Standards and technical requirements at the EAEU level  
 
Page 58, paragraph 3.61  
According to the Secretariat's Report, EAEU technical regulations are based on 
international standards, unless  those standards "do not comply with the purposes of 
adoption of technical regulations of the EAEU, including… technical and other 
particularities." Please explain what types of "particularities" might warrant diverging 
from international standards and pro vide some specific examples of EAEU technical 
regulations that differ from international standards based on this criterion.  
 
Answer  
In accordance with the Treaty on the EAEU (Art. 3 of the Annex 9) technical regulations of the 
EAEU are based on internation al standards, unless those standards do not comply with the WT/TPR/M/345/Add.1  
 
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  purposes of adoption of technical regulations of the EAEU, including climatic or geographical 
factors or technological or other problems. The term "other problems" ("other particularities" in the 
Secretariat's Report) allows to deviate from international standards to fulfil a legitimate objective, 
inter alia: national security requirements; the prevention of deceptive practices; protection of 
human health or safety, animal or plant life or health, or the environment. All technical regulations 
of the EAEU are based on international standards.  
 
Page 59, table 3.14  
Table 3.14  in the Secretariat's Report notes that, for the development of technical 
regulations, Russia allows for at least a 60 day public  discussion on the official website 
of the EAEU Commission.  Besides this process on the official website, please identify 
how else stakeholders are able to participate in the development of technical 
regulations.  Do foreign stakeholders have equal access t o participate in the 
development of technical regulations as do domestic stakeholders?  If not, how does the 
access differ between domestic and foreign stakeholders?  
 
Answer  
Besides the standard public discussion procedure on the EEC official website, stake holders are able 
to participate in the technical regulations development during the process of the regulatory impact 
assessment in the Russian Federation.  
 
At the national level the Govern ment of the Russian Federation Resolution No. 1318 as of 
17 Decembe r 2012 "On the Procedure of the Regulatory Impact Assessment by the Federal 
Executive Bodies of Draft Legal Acts, Draft Amendments to Draft Federal Laws and Draft Decisions 
of the Eurasian Economic Commission" (as last amended on 30  June 2016) sets out the  rules and 
procedures of regulatory impact assessment of different draft legal acts including draft technical 
regulations or conformity assessment procedures. Domestic and foreign stakeholders have equal 
access to participate in the development of technica l regulations during the procedure of the public 
discussion on the EEC official website and during the process of the regulatory impact assessment 
in the Russian Federation.  
 
Page 59, paragraph 3.64  
The Secretariat's Report notes that at end of Ma y 2016, t he EAEU had adopted 
35 technical regulations.  The next sentence notes that in the period from Russia's WTO 
accession until the end of April 2016, four technical regulations had been adopted.  Is it 
correct, therefore, to conclude that 31 technical regulatio ns were adopted by the EAEU 
during May 2016?  If not, please explain why.  
 
Answer  
No, it is not correct. The total of 35 technical regulations had been adopted by the end o f 
May, 2016 : 24 technical of the regulations were adopted in 2011, 7 – in 2012, 3 – in 2013, 1 – in 
2014.  
 
The Secretariat's Report also says that there are only six Russia -specific regulations 
adopted before the establishment of the EAEU that remain still in force.  Is it correct, 
therefore, to conclude that there are only 41 technical re gulations applicable in Russia?  
Are there plans to adopt EAEU regulations to cover the  six topics listed in 
paragraph  3.72 of the Secretariat's Report?  
 
Answer  
Yes, it is correct: 35 technical regulations of the EAEU have entered in force and 6 national 
technical regulations earlier adopted in accordance with t he Federal Law No. 184 -FZ of 
27 December 2002 "On Technical Regulation" (as last amended on 05 April 2016) are still in force.  
The plan of development of technical regulations of the EAEU has been ad opted by the Decision of 
the Council of the EEC No. 79 of 1 October 2014 (as last amended 12 February 2016) and provides 
the preparation in 2014 -2016 of 22 draft technical regulations that partially cover those listed in 
paragraph 3.72 of the Secretariat's  Report.  
 
Page 59, paragraph 3.66  
The Secretariat's Report indicates that the EAEU does not accept foreign test results.  
Please identify if there are any ongoing efforts or future efforts planned to permit 
participation of conformity assessment bodies loca ted in the territories of other WTO WT/TPR/M/345/Add.1  
 
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  Members in EAEU conformity assessment procedures.  Also, please provide an 
explanation as to why foreign test results, particularly from those laboratories 
accredited by ILAC Mutual Recognition Arrangement signatories, ca nnot be accepted.  
 
Answer  
Pursuant to Article 30 of Federal Law No. 184 -FZ of 27 December 2002 "On Technical R egulation" 
(as last amended on 5 April 2016), the Russian Federation was able to accept the results of foreign 
conformity assessment bodies.  
 
In accordance with Article 55 of the EAEU Treaty the procedures and conditions for elimination of 
technical barriers in mutual trade with third countries are determined by international agreements 
within the Union. In this regard, the EEC together with the mem ber States of the Union are 
working out a draft international agreement on the procedure and conditions for elimination of 
technical barriers in mutual trade with third countries. This agreement will establish mechanisms 
to eliminate barriers to trade with  third countries through the conclusion of relevant international 
agreements. Currently the draft agreement provides for assessment of the degree of equivalence 
of mandatory requirements and products conformity assessment mutual recognition.  
Still we shoul d mention that the Russian Federation is not ILAC Mutual Recognition Arrangement 
signatory.  
 
3.1.8.2 Standards in the Russian Federation  
 
Page 60, paragraph 3.69  
The Secretariat's Report lists the matters that are subject to national standards, 
conformity  assessments, etc.  For these matters, please:  
 Clarify that there are no EAEU -wide standards;  
 Identify plans to harmonize technical standards throughout the EAEU;  
 Clarify whether Russia will continue to develop and adopt national 
standards that are applicab le only in Russia; and  
 Clarify whether national testing and certification will be phased out in 
favor of the acceptance of international certification by the EAEU.  
 
Answer  
Each EAEU technical regulation is accompanied with a list of standards voluntary co mpliance with 
which ensures consistency with the requirements of technical regulation. A list includes 
international and regional standards and national standards of member States of the Union.  
Harmonization of technical standards with international and re gional standards is one of the 
general principles of technical regulation in the EAEU (Art. 51.1.12 of the EAEU Treaty).  
Nevertheless there are no specific plans on this issue.  
In the Russian Federation national standards are developed and adopted in orde r to "improve the 
quality of human life, modernize the industry, improve the quality of goods, works and services 
and to increase the competitiveness of Russian production" (Art 3.1 of Federal Law No. 162 -FZ of 
29 June 2015 "On Standardization in the Russi an Federation").  
 
In order to start mutual acceptance of laboratory testing or conformity assessment results specific 
provisions of international treaties should apply. So, the issue of the acceptance of international 
certification may get to the agenda on ly after specific agreements provisions development and 
finalizing. Draft agreement on the elimination of technical barriers is under development in the 
EAEU. The recognition of conformity assessment certificates will be possible after the entry into 
force of such agreements.  
 
Page 61, paragraph 3.71  
The Secretariat's Report indicates that 49% of national standards in Russia are 
harmonized with international standards.  Please describe the process for consideration 
of international standards in the developme nt of national or regional standards and 
technical regulations.  Please also clarify whether Russia has in place a process for any 
WTO Member stakeholder to comment on a standard or technical regulation.  Finally, 
please explain whether Russia applies the TB T Committee Decision on Principles for the 
Development of International Standards, Guides and Recommendations when assessing 
whether a relevant international standard exists within the meaning of Articles 2 and 5 
of the TBT Agreement.  
 WT/TPR/M/345/Add.1  
 
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  Answer  
The process o f development of national standards provides for consideration of international 
standards. As a rule, and this is stipulated in the Federal Law No. 162 -FZ "On Standardization in 
the Russian Federation", international standards serve as a basis for national  standards.  
In order to provide the stakeholder with a possibility to comment, a developer of a national 
standard communicates a notification of the draft national standard to the Federal Agency for 
Technical Regulation and Metrology (Rosstandart). Rosstan dart publishes a notice on the official 
website. The developer should ensure the availability of draft national standards in this regard, he 
must provide a copy of the draft standard to all interested parties. After the public discussion (not 
less than 60 days) the developer finalizes the draft standard taking into account comments of 
stakeholders. The developer should keep all comments and proposals of stakeholders until the 
adoption of the national standard. The developer presents finalized draft standard  to the 
stakeholders and to the Technical Committee for Standardization or the Project Technical 
Committee for Standardization (in accordance with its terms of reference for the examination). The 
period of consideration of the draft does not exceed 90 days . Technical Committee for 
Standardization or Project Technical Committee for Standardization conducts an examination of 
draft standard and prepare on the basis of consensus a reasoned proposal for approval or rejection 
of the draft standard. If there is no  consensus, Rosstandart considers the reasons of the 
disagreement and takes the final decision on the approval or rejection of the draft standard 
(during 30 days).  
 
Also the process of development of technical regulation of the EAEU (overview of the regula tory 
process is presented in Table 3.14 of the Secretariat Report, page 59) provides for the 
consideration of international standards in the stages of discussions at the level of the Consultative 
Committee Meeting and assessment of regulatory impact during  the process of internal state 
approval according to the national procedure.  
Any stakeholder can comment a standard or technical regulation in the stages of public discussion 
and regulatory impact assessment.  
The Russian Federation and the EAEU apply the T BT Committee Decision on Principles for the 
Development of International Standards, Guides and Recommendations when assessing whether a 
relevant international standard exists.  
 
Page 61, paragraph 3.73  
Please clarify whether the recognition of a conformity assessment certificate by Russia 
is accepted in other member states of the EAEU.  
 
Single document on the assessment of compliance (conformity certificate) confirms the conformity 
of the goods to the requirements of EAEU Technical Regulations and is valid o n the territory of all 
member States of the EAEU.  
Also member States of the EAEU can accept certificates in absence of EAEU Technical Regulations 
issued in other EAEU Member States for the goods included in Common List of Products, in Respect 
of which Mand atory Requirements are Established in the Frame of the Customs Union Unified List 
of Products Subjected to Mandatory Conformity Assessment (Confirmation) (adopted by CU 
Commission Decision s No. 526  and 620 of 28 January  and 7 April 2011 (as amended 
23 November 2012 and 2 December 2014), but not covered by the EAEU Technical Regulations in 
force. In this case following conditions should be fulfilled:  
  same forms and schemes of compliance confirmation are applied;  
  identical or comparable methods of researche s (tests) and measurements of goods during 
the mandatory conformity assessment are applied;  
  certification body for conformity assessment is included into the Unified register of bodies 
for the conformity assessment of the Union;  
  the tests are passed in t he test laboratories (centers) included into the Unified register of 
bodies for the conformity assessment of the Union;  
  the certificates of conformity are issued according to the single form.  
 
Page 61, paragraph 3.74  
According to the Secretariat's Report,  Russia has not notified the TBT Committee under 
paragraph C of the Code of Good Practice for the Preparation, Adoption and Application 
of Standards contained in Annex 3 to TBT Agreement.  
 
Please explain why Russia has not provided this notification, and i dentify when it plans 
to do so.  WT/TPR/M/345/Add.1  
 
- 177 - 
 
  Answer  
The Russian Federation has not provided this notification for the reason that the Russian central 
government standardizing body (the Federal Agency for Technical Regulation and Metrology 
(Rosstandart) has not formally  accepted the Code of Good Practice for the Preparation, Adoption 
and Application of Standards. Set of documents now being developed to implement the Federal 
Law No. 162 -FZ of 29 June 2015 "On Standardization in the Russian Federation" (entered into 
force 1 July 2016) is supposed to allow Rosstandart to accept and comply with the Code of Good 
Practice formally.  
 
Also, public comment windows and stakeholder dialogues are key aspects of the TBT 
Agreement. Please identify what measures Russia will take to ensu re that this dialogue 
exists, in particular with respect to amendments to the Law on the Circulation of 
Medicines concerning the registration of products in the healthcare sector.  
 
Answer  
The procedures of public discussions of standards and technical regu lations are described in 
answer to the US question No. 16 (3 -71). 
 
The Resolution of the Government of the Russian Federation No. 1318 as of 17  December 2012 
"On the procedure for the Federal executive bodies of the regulatory impact assessment of draft 
legal acts, draft amendments to draft Federal laws and draft decisions of the Eurasian Economic 
Commission" (as last amended on 30  June 2016) sets rules and procedures of regulatory impact 
assessment of different draft legal acts and draft amendments to the legal acts. These rules and 
procedures provide for publication of draft legal acts on official website, public discussions, 
analysis of comments (opinions) and suggestions received from the public discussions, publication 
of comments (opinions) and suggest ions received from the public discussions on the official 
website.  
 
Since 2013 all amendments to the Federal Law No. 61 -FZ of 12 April 2010 "On Circulation of 
Medicines" (as last amended on 3 July 2016) passed through established procedures.  
 
Finally, a ccording to the Secretariat's Report, Russia has made 74 regular notifications 
to the TBT Committee. The United States has raised specific concerns regarding Russia's 
Draft Technical Regulation of the Customs Union on Alcoholic Product Safety 
(G/TBT/N/RUS/2),  cited in footnote 45, which Russia notified in December 2012.  Could 
Russia please provide further information on when the final technical regulation is 
expected to be published?  
 
Answer  
The Russian Federation expects the EAEU Member states negotiations on  the draft Technical 
Regulation "On Alcoholic Products Safety " to be completed in 2016. Procedures required for 
adoption will take approximately 3 months after the completion of the negotiations.  
 
The EAEU Technical Regulation "On Alcoholic Products Safety " will be published on the official 
Eurasian Economic Commission web site after adoption.  
 
3.1.9 Sanitary and phytosanitary requirements  
 
Page 64, paragraph 3.81  
 
The Secretariat's Report states that Russia is a member of the World Organization  for 
Animal Health (OIE).The United States also notes that Article 3.1 of the Agreement on 
the Application of Sanitary and Phytosanitary Measures (SPS Agreement) requires WTO 
Members to base their SPS measures on international standards.  SPS Agreement Annex 
(A)(3)(b) clarifies that with respect to international standards relating to animal health 
and zoonoses, the relevant international standard setting body is the OIE.  Please explain 
what actions Russia has taken to modify its SPS measures to come into compliance with  
its obligations as a WTO and OIE member.  
 
In addition, the Secretariat's Report states that Russia is a contracting party to the 
International Plant Protection Convention (IPPC).  Please explain what actions Russia WT/TPR/M/345/Add.1  
 
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  has taken to modify its SPS measures to c ome into compliance with its obligations as a 
WTO Member and IPPC contracting party.  
Finally, the Secretariat's Report states that the WTO enquiry point for SPS measure is 
the Russian Information Center on Standardization, Certification and Overcoming 
Tech nical Barriers to Trade.  Please explain what specific steps he Russian Information 
Center on Standardization, Certification and Overcoming Technical Barriers to Trade is 
taking to be responsive to other WTO Members.  
 
Answer  
Regarding veterinary -sanitary me asures  we should note that the Russian Federation implements 
the basis OIE provisions both on federal and local levels. Several legal acts were adopted, 
including amendments to the Federal Decree as of 14 May 1993 No. 4979 -1 "On Veterinary ". 
Furthermore, r egionalization provisions have been introduced to enhance the control over diseases 
spread and to provide epizootic wellbeing in conformity with OIE provisions.  
 
Regarding phytosanitary quarantine measures, according to the WTO accession commitments 
Russi a harmonizes its phytosanitary legislation on regular basis, particularly current legislation has 
been amended (e.g. amendments to the CCU Decision as of 18 June 2010 No . 318 on plant 
quarantine in the EAEU as of 9 October 2014 No . 93 ) and new legislation  is adopted (e.g. the 
Federal Decree on plant quarantine as of 21 July 2014 No . 206-FZ) in full compliance with the 
relevant international standards.  
 
Regarding National enquiry point Information Center on Standardization, Certification and 
Overcoming Tec hnical Barriers to Trade has been operating since 1997. Till 2016 Centre has 
received more than 14000 requests from 90 WTO Members both on SPS and TBT issues. All the 
requests are forwarded to the national competent authorities which specialize in issues r aised in 
such request. All the received requests were responded, this indicates the effectiveness of its work 
process.  
 
Page 65, paragraph 3.84  
 
According to the Secretariat's Report, CU Commission Decision No. 317 requires, inter 
alia, that certain goods may be exported to Russia only from an establishment listed in 
the Registry of Establishments.  The EEC has removed the listing requirement for certain 
products, including dairy and pet foods.  Please clarify when Russia will drop its listing 
requirements fo r these products.  
 
Answer  
The mentioned listing requirements relate to low -risk products subject to veterinary control. The 
listing requirements will remain in force until the completion of audit in interested exporting 
country held by Russian competent au thorities (if exporting country control system complies with 
importing country requirements). According to the Eurasian Econo mic Commission Decision as of 
9 October 2014 No. 94 on the Regulation on the Harmonized procedure of Joint On -site 
Inspections and of Taking Samples of Goods (Products) subject to Veterinary Control 
(Supervision)), to start the audit procedure the exporting country competent authority should 
submit to the competent authority of the EAEU Member State with the application, with indicati on 
of audit area , products groups specifications and precise establishments activities under control.  
 
Currently, audit is being provided in in the Latin America countries. After its completion, other 
received applications will be considered in the reques t order.  
 
3.2 Measures Directly Affecting Exports  
3.2.3. Export prohibitions, restrictions and licensing  
 
Page 67, paragraph 3.96  
 
The Secretariat's Report notes that export bans or temporary restrictions must be 
approved by the EEC.  However, Government o f Russia Resolution No. 877 
(15 December  2007) contains a list of products that may be subject to export 
restrictions.  Please clarify whether this Resolution is still in force.  Also, please clarify 
whether Russia requires approval from the EEC before impos ing restrictions under this WT/TPR/M/345/Add.1  
 
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  Resolution.  Finally, please identify what products are subject to export control under 
Resolution 877.  
 
Answer  
Yes, this Resolution is still in force. The list of goods that may be subject to export restrictions 
under Government al Resolution No. 877 consists of:  
  Milk and cream, not concentrated nor containing added sugar or other sweetening matter 
(HS 0401);  
  Milk and cream, concentrated or containing added sugar  or other sweetening matter 
(HS 0402);  
  Wheat and meslin (HS 1001);  
  Rye (HS 1002);  
  Barley (HS 1003);  
  Maize (HS 1005);  
  Wheat or meslin flour (HS 1101 00);  
  Rye flour (HS 1102 90  700 0);  
  Soya beans, whether or not broken (HS 12010);  
  Rape or colza seeds, whether or not broken (HS 1205);  
  Sunflower seeds, whether or not  broken (HS 1206 00);  
  Soya-bean oil and its fractions, whether or not refined but not chemically modified (HS 
1507);  
  Sunflower - seed, safflower or cotton - seed oil and fractions thereof, whether or not refined 
but not chemically modified (HS 1512);  
  Rape, colza or mustard oil and fractions thereof, whether or not refined, but not chemically 
modified (HS 1514);  
  Raw hides and skins of bovine (including buffalo) or equine animals (fresh, or salted, dried, 
limed, pickled or otherwise preserved, but not tanne d, parchment -dressed or further 
prepared), whether or not dehaired or split (HS 4101);  
  Other raw hides and skins (fresh, or salted, dried, limed, pickled or otherwise preserved, 
but not tanned, parchment - dressed or further prepared), whether or not dehai red or split 
(HS 4103);  
  Tanned or crust hides and skins of bovine (including buffalo) or equine animals, without 
hair on, whether or not split, but not further prepared, in the wet state (including wet -
blue), full grains, unsplit; grain splits (HS 4104 11 ); 
  Tanned or crust hides and skins of bovine (including buffalo) or equine animals, without 
hair on, whether or not split, but not further prepared, in the wet state (including wet -
blue) (HS 4104 19);  
  Recovered (waste and scrap) paper or paperboard (HS 4 707);  
  Ferrous waste and scrap; remelting scrap ingots of iron or steel (HS 7204);  
  Nickel waste and scrap (HS 7503 00);  
  Aluminium waste and scrap (HS 7602 00);  
  Unwrought lead (HS 7801);  
  Lead waste and scrap (HS 7802 00  000 0);  
  Zinc waste and scrap (HS  7902 00  000 0);  
  Tin waste and scrap (HS 8002 00  000 0);  
  Wolfram waste and scrap (HS 8101 97  000 0);  
  Waste and scrap of molybdenum (HS 8102 97  000 0);  
  Tantalum waste and scrap (HS 8103 30  000 0);  
  Magnesium waste and scrap (HS 8104 20  000 0);  
  Cobalt w aste and scrap (HS 8105 30  000 0);  
  Unwrought bismuth; waste and scrap; powders (HS 8106 00  100 0);  
  Cadmium waste and scrap (HS 8107 30  000 0);  
  Titanium waste and scrap (HS 8108 30  000 0);  
  Zirconium waste and scrap (HS 8109 30  000 0);  
  Antimony waste an d scrap (HS 8110 20  000 0);  
  Manganese waste and scrap (HS 8111 00  190 0);  
  Chromiumwaste and scrap (HS 8112 22  000 0).  
 
According to Part II of Annex No. 7 to the Treaty on the Eurasian Economic Union of 29 May 2014 
all decisions on the introduction, appl ication, extension and cancellation of non -tariff measures 
shall be adopted by the EEC. However, in exceptional cases the EAEU's Member States in trade WT/TPR/M/345/Add.1  
 
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  with third countries may unilaterally impose temporary measures in accordance with the  provisions 
of Par t X of Annex No. 7 to the Treaty on the Eurasian Economic Union of 29 May 2014.  
 
A Member State introducing a temporary measure shall, in advance, but not later than 3 calendar 
days prior to the date of its introduction, notify the EEC thereof and submit a proposal to introduce 
this measure on the customs territory of the Union. The EEC shall consider the proposal of the 
Member State to impose the temporary measure and may subsequently decide to impose this 
measure on the customs territory of the Union. Th e validity period of such a measure in this case 
shall be established by the Commission.  
 
If no decision on introduction of the temporary measure within the customs territory of the Union 
is adopted, the EEC shall inform the Member State that has introduce d such  temporary measure 
and the customs authorities of other Member States of the fact that this temporary measure shall 
be effective for the period up to 6 months from the date of its introduction.  
 
Based on the notification on the introduction of a temp orary measure received from a Member 
State, the Commission shall immediately inform the customs authorities of the Member States on 
the introduction of the temporary measure by one of the Member States, indicating:  
1)  the name of the regulatory legal act of  the Member State governing the introduction of the 
temporary measure;  
2)  the descriptions of the goods and their HS code;  
3)  the date of the introduction of the temporary measure and its validity period.  
 
Upon the receipt said above information, the customs authorities of the Member States shall not 
allow the following: the export of the respective goods originating from the territory of the Member 
State that has applied the temporary measure, the details of which are contained in this 
information, without a license issued by the authorized authority of that Member State; the import 
of the respective goods destined for the Member State that has applied the temporary measure, 
the details of which are contained in this information, without a license issued by th e authorized 
authority of that Member State. In this case, the Member States that do not apply the temporary 
measure shall make the required efforts aimed at preventing the import of the respective goods 
into the territory of the Member State that has appl ied the temporary measure.  
 
3.2.4 Export finance, insurance and guarantees  
 
Page 70, paragraph 3.103  
The Secretariat's Report notes that the Russian government provides funds to support 
efforts by Russian businesses to "increase export sales."  Please expl ain how Russia 
ensures that these subsidies do not run afoul of the prohibition against export subsidies 
or implicate the TRIMS Agreement.  Also, please clarify whether such subsidies are 
available only to Russian -owned businesses or are they available to f oreign -owned 
businesses in Russia as well.  
 
Answer  
The mechanism described in para. 3.103 of the Secretariat report is aimed at supporting the 
development of SMEs in the Russian Federation. The support is provided under the Resolution of 
the Government of the Russian Federation of 15 April 2014 No . 316. The executive authorities of 
the subjects of the Russian Federation annually receive co -financing of their respective SME 
support programmes on a competition basis. The SMEs support programs may include an e xport 
assistance component. Such assistance has a non -financial character and can be provided through 
regional support centers.  
 
Financial assistance is provided by EXIAR and Eximbank of Russia. EXIAR provides insurance 
towards coverage of political and co mmercial risks. Eximbank of Russia provides support in the 
form of loans.  
 
Thus, the support described in para 3.103 of the Secretariat's Report does not run afoul of the 
requirements of the SCM Agreement and of the TRIMs Agreement.  
 
These subsidies are a vailable to the legal entities established in accordance with the Russian 
legislation.  
 WT/TPR/M/345/Add.1  
 
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  Page 70, paragraph 3.104  
The Secretariat's Report states that the Vnesheconombank (VEB) supports Russia's 
exports through Eximbank of Russia and the Russian Export Cent er (REC).  Do either of 
these subsidiaries, or VEB itself, cover exports of agricultural products under their 
export finance, insurance, guarantee facilities or any other form of governmental export 
support?  If so, please provide the total value of the supp ort. 
 
Answer  
The Russian Export Center Group (REC Group) is represented by three companies: Russian Export 
Center JSC (REC), EXIAR and Eximbank of Russia, which jointly constitute the Russian export 
support system.  
 
REC provides non -financial support of e xport, such as consultation on issues related to exports and 
providing support towards export procedures. It was established in order to enhance companies' 
education on export processes and facilitate/create export orientation. EXIAR provides support in 
the form of export credit and investment insurance. Eximbank of Russia provides financial support 
in the form of loans and guarantees (bonds) issued at their own expenses. Both EXIAR and 
Eximbank of Russia can provide export support towards exports of agricu ltural products.  
 
Export support by the REC Group towards the export of agricultural goods in 2015 was provided 
only by EXIAR in the form of insurance. The total value of export credits for export of agricultural 
products supported by EXIAR in 2015 amount ed to approximately US $270 mln.   
 
All the relevant information on official support for Russian agriculture exports was provided in 
document G/AG/W/125/Rev.5/Add.2.  
 
3.3 Measures Affecting Production and Trade  
3.3.1 Taxes  
3.3.1.2 Consumption taxes   
 
Page 78 , paragraph 3.127  
Please clarify whether VAT is applied at the same rate (whether at 18% or 10% or 0%) 
regardless of the origin of the underlying product. Also, please clarify whether there are 
instances where the VAT rate differs depending on the country of origin of the product.  
 
Answer  
The application of VAT rates in the amount of 18/10/0% both when goods are imported to the 
territory of the Russian Federation and upon sale of goods in the territory of the Russian 
Federation is not dependent on the count ry of origin of a product.  
 
3.3.1.4 Tax incentives  
 
Pages 79 -80, paragraphs 1.135 -139 
The Secretariat's Report describes certain tax incentives provided at the federal and 
regional levels.  The Secretariat's Report does not, however, discuss Special Invest ment 
Contracts established under Government Resolution No. 785 ( 4 August 2015). Please 
describe the tax incentives available under this Resolution, and how Russia will ensure 
that these incentives do not run afoul of the TRIMS Agreement.  
 
Answer  
The aforem entioned Decision of the Government of the Russian Federation of 4 August 2015 
No. 785 does not regulate Special Investment Contracts; it does not establish any tax incentives 
either. The term "special investment contract" as well as rights and obligations  of parties thereto 
are established by the Federal Law of 31 December 2014 "On industrial pol icy in the Russian 
Federation" No. 488-FZ. The Decision of the Government No. 708 of  16 July 2015 only sets out 
rules for conclusion of special investment contract s and a model (exemplary?) form of such 
contracts.  
 
It should be noted that tax incentives can only be established and abolished by law, thus 
Regulation No. 708 establishes no tax incentives. Also, the legislative acts regulating special 
investment contra cts, do not introduce a compulsory requirement for purchasing goods originating WT/TPR/M/345/Add.1  
 
- 182 - 
 
  in Russia, as well as they do not provide for favorable conditions for Russian producers. Thus, 
these legislative acts do not contradict Russia's commitments under TRIMS Agreem ent.  
 
According to paragraph 3 of Article 56 of the Tax Code of the Russian Federation tax incentives in 
respect of federal taxes are established and abolished by the Code, in respect of regional taxes – 
by the Code and/or regional tax legislation, in res pect of local taxes – by the Code and/or 
municipal tax regulations.  
 
Property taxation  
According to Article 14 of the Tax Code of the Russian Federation corporate property tax is 
categorized as regional tax. Legislative bodies of Russia's constituent enti ties (regions) are entitled 
to establish additional tax incentives in respect of corporate property tax and criteria for these 
incentives to be used by taxpayers (Article 372 of the Code).  
 
For instance, regional authorities may provide organizations in ch arge of some investment projects 
with tax incentives in respect of corporate property tax as well as with lower tax rates (down to 
0%). 
 
Nevertheless, there is no data concerning regional legislation establishing corporate property tax 
incentives for organ izations, which are parties to special investment contracts.  
 
Corporate income tax  
The Code establishes the right of organizations, which are parties to special investment contracts, 
to apply lower corporate income tax rates if they receive at least 90% of  their revenue, which is 
included in the tax base, from sale of goods produced under the special investment contract 
(paragraph 2 of Article 25.9 of the Code, paragraph 1 of Article 284.3 of the Code).  
 
General corporate income tax rate is 20% (paragraph 1  of Article 284 of the Code), of which:  
  2% are transferred to the federal budget;  
  18% are transferred to the budget of the constituent entity (region) where the 
organization or its subsidiary resides.  
 
A zero tax rate is established in respect of the tax  charged to the federal budget for the 
organizations which are participants of regio nal investment projects. Such 0 % rate is applied 
during the period of a reduced tax rate charged to the budgets of the constituent entities of the 
Russian Federation. A red uced t ax rate can range from 0% to 18 % by a constituent entity of the 
Russian Federation.  
 
3.3.2 Incentives  
3.3.2.1 General support programs  
 
Page 80, table 3.25  
According to this table, Russia's support to the automotive industry increased from just ove r 8 
billion rouble s to 58.7 billion rouble s – an increase of over 700%.  
 
Please explain this significant increase.  Please also clarify whether these support 
measures were provided to both Russian -owned facilities and foreign -owned facilities 
on a non -discr iminatory basis.  
 
Answer  
The automotive industry is a key sector of Russian economy and subsidies from the federal budget 
are necessary in order to ensure its stability in a period of economic fluctuations.  
 
The support measures are provided on a non -discriminatory basis to various enterprises that meet 
the requirements established in legal acts according to which the support is provided.  
 
Page 82, paragraph 3.142 and table 3.27  
The Secretariat's Report states "{a}ccording to the authorities, industrial po licy is based on a 
number of programmes for limited periods centered on different themes…as provided for in a 
number of Government regulations (Table 3.27)."It appears that Russia has notified some but not 
all of the Federal support programs listed in Tabl e 3.27, in its most recent subsidy notification 
(G/SCM/N/284).  WT/TPR/M/345/Add.1  
 
- 183 - 
 
  Please explain why some of these programs listed in the table were not notified, e.g., 
the programs for shipbuilding, the energy sector, natural resources and foreign trade 
development.  
 
Answe r 
The Russian Federation would like to note that not all support programmes are subsidies in the 
understanding of Article 1 of the SCM Agreement which are specific within the meaning of Article 2 
of the SCM Agreement. Hence, not all support programs are su bject to notification under Article 25 
of SCM Agreement.  
 
Pages 82 -83, paragraphs 3.143 -3.145  
The Secretariat's Report states that a new law on industrial development, Law No. 488 -FZ of 31 
December 2014, came into force on 30 June 2015.Under the law, indus trial entities may be 
subject to conditions, including performance indicators.  
 
Please explain the various types of performance indicators industrial entities are subject 
to under this law.  
 
Answer  
The Federal Law No 488 -FZ of 31 December 2014 itself does not establish any performance 
indicators.  
 
The performance indicators the entities need to meet are set in accordance with each Resolution of 
the Government of the Russian Federation that regulates the provision of the subsidy. Different 
performance indic ators are set for each sector of economy.  
 
Also, under Law No. 488 -FZ, financial support may be provided to industrial enterprises exporting 
products manufactured in Russia.  
 
Please explain if any of the financial support provided under Law No. 488 -FZ is 
contingent upon exportation.  
 
Answer  
This Federal law No. 488 -FZ envisages that the support can be provided to industrial enterprises in 
the form of financial support, information and advice, support of their ongoing scientific, technical 
and innovative ac tivities in the industrial sphere, human resource development support, support of 
their external economic activity, national and municipal preferences, other promotion measures 
set forth in the mentioned law, established by other Federal laws and regulatio ns of the President 
of the Russian Federation, acts of the Government of the Russian Federation, laws of the 
constituent entities of the Russian Federation and municipal charters.  
 
The government authorities at the federal and sub -federal levels can provid e support to entities 
that are exporting. It should be noted that the SCM Agreement with due consideration to certain 
WTO Appellate Body decisions does not restrict the provision of subsidies to the enterprises 
involved in exports. Thus such measures are n ot contingent upon export performance.  
 
Finally, under Law No. 488 -FZ, for the purposes of the procurement of good and works and 
services for government needs, priority may be given to goods originating in Russia, but that such 
priority may apply only in c ases that are not contrary to the obligations of Russia under 
international treaties.  
 
Please explain the specific provisions of Law No. 488 -FZ that give priority to goods 
originating in Russia.  
 
Please also explain how such priority is given in a manner t hat is not contrary to 
Russia's obligations under Article 3.1(b) of the WTO Agreement on Subsidies and 
Countervailing Measures.  
 
Pages 82 -83, paragraph 3.145  
According to this paragraph, Law No. 488 -FZ and Law No. 223 -FZ give the government of Russia 
the a uthority to establish purchasing requirements for state -owned enterprises (SOEs) that 
discriminate against imports in favor of Russian -made goods.  WT/TPR/M/345/Add.1  
 
- 184 - 
 
  Please explain how Russia ensures that such priorities imposed on SOE purchases are 
consistent with its WTO obligations.  
 
Answer  
The Federal Law No. 488 -FZ lays down a general principle of priority of domestic goods in the 
procurement by governmental agencies of products purchased for governmental purposes and in 
the purchases by SOEs for government and municipa l needs.  
 
Taking into account that Russia does not have any obligations in respect of government 
procurement in the WTO, it does not contradict the WTO law.  
 
Concerning the purchases by SOEs the Russian Federation in accordance with the Federal Law 
No.44-FZ would like to note that to date there are no procurement by SOEs which has been 
carried out using the priority provision of this Law. Thus, the procurement activity of SOEs also 
does not contradict any norms of the WTO law.  
 
Thus the mentioned priority did not contradict Russia's obligations under Article 3.1(b) of the WTO 
Agreement on Subsidies and Countervailing Measures.  
 
Page 85, paragraph 3.151  
According to the Secretariat's Report, Russia has not notified any state -trading enterprises (STEs) 
to the  WTO.As this notification of STEs is a biennial requirement, 2016 marks the third consecutive 
time that Russia has not met its notification obligation.  We also note that the Secretariat's Report 
identifies a number of enterprises that could qualify as STEs  and, therefore, must be notified to the 
Working Party on State Trading Enterprises.  Russia also stated before the Working Party on State 
Trading Enterprises in 2012 that its STE notification "was nearly finalized and would be submitted 
in the near future. " Please identify specifically when Russia will fulfill its notification 
requirement.  
 
Answer  
The necessary work is in progress and following the provisions of Article XVII of the GATT 1994 
respective notifications in respect of the STEs subject to notific ation requirements are to be 
finalized soon.  
 
Page 86, paragraph 3.154  
The Secretariat's Report  notes that "{d}espite an overall decline in the number of state -owned 
enterprises (SOEs), they remain significant in the economy, and are concentrated in sector s such 
as banking, telecommunications, transport and energy."  Please describe the government's 
plan to reduce the heavy concentration of SOEs in the economy.  
 
Answer  
At present the Russian Federation implements a second three -year privatization plan for th e period 
of 2014 -2016, approved by the Order of the Government of the Russian Federation of 1 July 2013 
No. 1111-р. In accordance with paragraph 2 of the Presidential Decree of 7 May 2012 No. 596 a 
Proposed Plan of Privatization of Federal Property in 2014 -2016 provides for the exit of the State 
from the capital stock of companies within non -raw material sector not related both to natural 
monopolies and organizations and enterprises of defence  industry.  
 
In accordance with the said Order of the Government, the privatization is planned for the blocks of 
shares of the largest companies maintaining the leadership in the related economic sectors.  
One of the key targets within the privatization process is to find a strategic investor who will 
execute all key inv estment obligations. It is an essential task of the State within the process of 
sale of State assets to enhance the effectiveness of state property assets management process.  
The information in respect of companies register of publicly owned entities, as w ell as state 
corporations and entities which shares are owned by the Russian Federation could be found at the 
following link: http://esugi.rosim.ru/Se ction/OpenInfo/Browser/Index/849b732a -d0b2-4742-8f3f-
b592d5ff3bb4 . 
The provided web -page also contains a possibility to comment and provide a private opinion.  
 WT/TPR/M/345/Add.1  
 
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  3.3.5 Government procurement   
3.3.5.2 Legal framework  
 
Page 91, paragraph 3.177  
The Secretariat 's Report notes that procurement by federal and municipal governments 
is subject to Law No. 44 -FZ of 5 April 2013 "On the Contract System in State and 
Municipal Procurement of Goods, Works, and Services."  Please clarify if Law No. 44 -FZ 
applies to all muni cipalities throughout Russia, or are there individual municipalities or 
categories of municipalities that are not covered by this law.  Also, please clarify if Law 
No. 44 -FZ applies to sub central  entities including republics, krais, oblasts, cities of 
federal importance, autonomous oblasts, and autonomous okrugs.  If not, please clarify 
if there is other legislation that would apply to these entities, and identify any such 
legislation.  
 
Answer  
The Federal Law No. 44 -FZ applies to all municipalities throughou t Russia and sub -central entities 
including republics, krais, oblasts, cities of federal importance, autonomous oblasts, and 
autonomous okrugs.  
 
3.3.5.3 General principles and buy -domestic requirements  
 
Page 92, paragraph 3.184  
The Secretariat's Report no tes that, in order to provide preferences to small businesses 
in Russia, procuring entities are obliged to set aside contracts of not less than 15% of 
the total annual volume of procurements for small businesses and socially -oriented non -
commercial organiz ations.  Please clarify the meaning and provide an example of 
"socially -oriented non -commercial organization".  
 
Answer  
According the Federal Law No. 7 -FZ "socially -oriented non -commercial organizations" mean non -
profit organizations (with the exception of s tate corporations, state companies and public 
associations which are political parties) which are engaged in activities aimed at solving social 
problems, development of civil society in the Russian Federation, as well as other kinds of social 
activities pr ovided this Law (for example, social service, social support and protection of citizens, 
rendering aid to victims of natural calamities, ecological, man -made or other disasters, of social, 
national and religious conflicts, environmental and wildlife protec tion, and etc.)  
 
Also, please clarify whether there are criteria used in the legal framework of Russia to 
determine when a contract should be set aside.  
 
Answer  
The Russian legislation concerning government procurement does not provide for criteria to 
determine when a contract should be set aside. The procuring entities are only obliged to purchase 
not less than 15 percent of the annual volume of procurements from small businesses and from 
socially oriented non -commercial organizations.  
 
Finally, please cla rify whether contracts that are set aside as part of this obligation are 
still subject to competition.  
 
Answer  
This treatment for small businesses and socially -oriented non -commercial organizations does not 
restrict competition. The said companies and orga nizations may participate in tender/auction in 
general conditions or in special tenders for such companies and organizations.  
 
Page 93, paragraph 3.185  
Please explain whether the preferences to Russian -made goods described in this 
paragraph (and covered by  Law No. 44 -FZ) are applicable to all government purchases 
or to only those goods purchased for a government purpose.  
 
Answer  
The abovementioned preferences to Russian -made goods are applicable to all procurement for 
federal and municipal needs.  WT/TPR/M/345/Add.1  
 
- 186 - 
 
  Also, the Secretariat's Report notes that Law No. 44 -FZ restricts procurement of foreign products 
only if there no production of the goods or services in the territory of Russia.  Additionally, the 
report notes that in March 2014, the Ministry of Economic Development  issued Order No. 155 
establishing a 15% price preference for domestically -produced goods in public procurement.  
Therefore, please reply to the following:  
 
 How does Law No. 44 -FZ restrict the procurement of foreign products?  Is it 
through the price prefere nce or are there other provisions that prevent 
procuring entities from considering bids for goods or services containing 
foreign products?  
 
Answer  
The Government of the Russian Federation imposes limitations on the procurement of foreign 
products or servic es for federal and municipal needs via its legal acts. These legal acts contain 
provisions that foreign products will only be considered for government procurement if there is no 
production of the goods or services in the territory of the Russian Federatio n. In other cases, the 
procuring entities do not consider bids for goods or services containing foreign products restricted 
according the Russian legislation.  
 
 Does the restriction on foreign products apply to construction services and 
goods used in constr uction services?  
 
Answer  
To date according the Federal Law No. 44 -FZ there are no any restriction on foreign products apply 
to construction services and goods used in construction services.  
 
 How does Law No. 44 -FZ determine "if there is no production of th e goods or 
services" in Russia?  Is there a list maintained by the Russian Federation of 
non-available goods and services?  
 
Answer  
The Government Resolution No. 719 dated 17 July 2015 has established criteria for classifying 
industrial products to industria l products, which has no analogues produced in the Russian 
Federation. However, there is no list maintained by the Russian Federation of non -available goods 
and services.  
 
3.3.5.4 Procurement methods and procedures  
 
Page 93, paragraph 3.189 :The Secretariat 's Report notes that single -suppler methods are one way 
that entities may procure goods, services, and construction (or works) services under Law No. 44 -
FZ.Please clarify whether there are circumstances where single -supplier procurements are limited 
under Law No. 44 -FZ. 
 
Answer  
According the Federal Law No. 44 -FZ the single -supplier procurements can be carried out by the 
procuring entities only in 48 cases. This provision applies in cases of absence of a competitive 
market, impossible or inappropriate use o f competitive methods of determining the supplier 
(contractor, executor) to meet customer needs. There are no other circumstances where single -
supplier procurements are limited.  
 
3.3.6 Intellectual property rights   
3.3.6.3 IP administrative and enforcement  systems  
 
Page 99, paragraph 3.211  
The Secretariat's Report notes that Russia is considering establishing a "mega -
regulator" for IPR.  Please provide more details on plans for this body.  
 
Answer  
The main competences in the field of intellectual property are  divided among several authorities 
(Ministry of education and science, Ministry of Culture, Ministry of economic development, etc.). In 
order to increase the efficiency of the state politics in the sphere of intellectual property a 
proposition was formed t o concentrate the respective competences within the framework of a WT/TPR/M/345/Add.1  
 
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  single authority by creating on the basis of Rospatent a single regulatory organ in the field of 
intellectual property. In particular, it is planned to transfer to Rospatent the competence for 
development and implementation of the state policy and for legal and normative regulation in the 
field of intellectual property, including in the sphere of copyright and related rights. It is also 
planned to give Rospatent the competences on state supp ort of creation and legal protection of IP 
rights objects, which would allow Rospatent to exercise regulatory and coordination functions of all 
stages of the cycle of life of the IP rights objects (on the stage of creation, protection and use). In 
addition  to that, it is planned to transfer to Rospatent the competences on improving geopolitics 
and legal and normative regulation in the field of IP, as well as on formation on the basis of 
Rospatent of a system for encouraging commercialization of results of i ntellectual activity. The new 
regulator will not be in charge of enforcement measures.  
 
Page 100, paragraph 3.217  
The Secretariat's Report refers to the IPR Court decision in the Novartis case on the 
protection of pharmaceutical test data.  Please explain how this decision is consistent 
with Article 26, part 1 of the Russian Law "On the Turnover of Medicines" ("Abbreviated 
procedure for the registration of pharmaceuticals") and Article 39.3 of the Agreement on 
Trade Related Intellectual Property Rights (TRI PS).Please also explain how in that case 
the generic manufacturer was able to get market authorization according to the 
abbreviated procedure of Article 26, part 1 without relying on clinical and other data of 
Novartis.  Please also clarify if Russia is pla nning to take any steps to prevent unfair 
commercial use of pharmaceutical data in the future.  
 
Answer  
The Government of the Russian Federation is not competent to comment the court decisions.  
 
3.3.6.4 Copyright and related rights  
 
Page 103, paragraph 3.2 24 
Please describe in more detail the requirements for database protection, including how 
the requirements address all of the elements under Article 10.2 of the TRIPS Agreement.  
In particular, please explain how Article 1334 accounts for the rights of auth ors of 
works included in a database.  
 
Answer  
In accordance with paragraph 1 of Article 1334 of the Civil Code of the Russian Federation, 
protection is granted with regard to the rights of creator of such databases the creation of which 
(including the proc essing or presentation of the corresponding data) requires substantial financial, 
material, organizational, and other expenditures. In the absence of proof of the contrary, a 
database containing not less than ten thousand independent information elements ( or materials) 
constituting the content of the database shall be recognized as a database the creation of which 
requires substantial expenditures. These requirements fully address the elements of Article 10. of 
the TRIPS Agreement.  
 
Page 103, paragraph 3.22 5 
Please describe the benefits of voluntarily depositing works with the Russian Author's 
Society or with Rospatent.  
 
Answer  
Voluntary deposit of the work allows the author to obtain further evidence on its rights to the 
work, as well as to establish a pri ority date of its creation. The WTO Secretariat's Report states 
that the copyrights holder may deposit the work on a voluntary basis in one of the organizations 
that provide such service, and the Russian Authors' Society (RAO) was given as an example only.  
The right holder, for example, can also notarize a copy of his/her work.  
 
As the result of registration of rights to the database before Rospatent the applicant obtains a 
document of title (certificate of state registration) with regard to such database a nd the 
information on registration of such database is published at the official bulletin on the website of 
Rospatent. The certificate of state registration of database may be further used by the rights 
holder as an evidence of authorship and/or existence of property right in court, as well as in case 
of any claims received from third persons regarding infringing use of the database.  
 WT/TPR/M/345/Add.1  
 
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  Page 103, paragraph 3.226  
The Secretariat's Report states that "{t}he term for database protection is fifteen years 
from com pletion of the database's creation and can be renewed upon request."  Please 
clarify whether the fifteen -year term is infinitely renewable.  
 
Answer  
The Civil Code of the Russian Federation does not provide for any limitations with regard to the 
amount of filed applications for renewal of the validity period of database creator rights or with 
regard to the overall period of validity of such rights. In accordance with Art. 1335 of the Civil 
Code of the Russian Federation the only condition for renewal of the  term for protection of 
database creator rights is update of such database. If the database is updated in the course of the 
term of protection of its creator rights, such creator may file to the Rospatent an 
application  containing information on the date o f the database's update. In this case the term of 
protection of such database shall be renewed for a period of fifteen years from its update and the 
respective amendments must be made to the register of databases.  
 
Page 103, paragraph 3.228  
It is unclear f rom the Secretariat's Report how rights of authors whose works are 
incorporated into a database are protected, particularly whether those rights are 
transferred, assigned, or otherwise granted to whomever creates a database.  Please 
clarify how original wor ks are protected when included in a database.  
 
Answer  
According to Article 1260 of the Civil Code of the Russian Federation the author of database owns 
the copyright in the selection or arrangement of materials (compilation). The inclusion of the work 
in the database requires the consent of the author or other right holder of the original work. 
Author of the original work, included in a database, has the right to use his work, regardless of the 
database, unless otherwise provided by the contract with the a uthor of the database.  
 
The exhaustive explanation regarding the protection of the original works included in a database 
and databases themselves had been provided by the Russian Federation during the Review of its 
legislation in the framework of Council f or TRIPS (answers of the Russian Federation to the 
questions posed by United States in IP/C/W/592/Add.1 on 10 June 2014 and IP/C/W/592/Add.2 on 
18 December 2014).  
 
Page 104, paragraph 3.232  
The Secretariat's Report notes that Article 1244 of Russia's Civil  Code was questioned by WTO 
Members during Russia's accession process and subsequent TRIPS Council review of Russia's 
national IP laws.  We note that in document WT/ACC/RUS/70 (N ovember 2011, at page 313, 
para 1218), Russia suggested that it recognized "the  continuing concerns of Members of the 
Working Party with regard to management of rights without a contract with the right -holder or 
his/her representative" as well as concerns with its state accreditation system, and that it would 
therefore review its sys tem of collective management of rights in order to eliminate non -
contractual management of rights within five years after Part IV of the Civil Code entered into 
effect.  Please provide an update on this review.  
 
Answer  
Part IV of the Civil Code (Article 12 44) regarding non -contractual rights management provides for 
only those cases of using the objects of copyright and related rights where the multiplicity of 
organizations managing one category of rights is not effective to protect the rights and legitimate  
interests of the rights holder, as it leads to rivalry among such organizations and an intentional 
reduction of rates to users that pay remuneration in favor of rights holders, and also creates 
conditions for abusive users.  
 
State accreditation, which wa s introduced in the Russian Federation (Article 1244 of the Civil 
Code), brought positive changes for the collective rights management system, manifested 
primarily by the upward dynamics of payments to both Russian and foreign rights owners.  
 
Cancellation of state accreditation will negatively affect the rights of copyright and related right 
holders and ruin the existing effective system protecting their rights.  
 WT/TPR/M/345/Add.1  
 
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  With the aim to protect the rights holders Part IV of the Civil Code (Article 1243, paragraph 6) was 
supplemented by provision regarding responsibility of rights management organizations in the case 
of non -payment of fees collected for the owners.  
 
In order to increase the transparency of organizations that are accredited for rights management, 
the Russian government is developing measures to strengthen control over the activities of rights 
management organizations by obliging them to undergo mandatory audits of their financial 
accounts and publish the audit report on the official websites for info rmation of all interested 
parties.  
 
3.3.6.5 Trademarks  
 
Page 104, paragraph 3.238  
The Secretariat's Report identifies three types of trademarks that can be considered "well -known": 
a trademark registered in Russia; a trademark protected in Russia by virtue  of an international 
treaty but without registration; or a sign, used as a trademark but not protected in Russia.  Please 
explain why a trademark registered in the EAEU's united customs register (described in 
paragraph 3.272 of the Secretariat's Report)  does not constitute a well -known mark.  
 
Answer  
The Unified Customs Register (UCR) established by the Treaty on the Unified Customs Register of 
intellectual property objects of the Customs Union dated May 21, 2010 is currently not functional. 
No practice has been formed as to inclusion of trademarks into the UCR. Based on this, any 
questions regarding to practical and legal implications of the functioning of UCR would be 
premature.  
 
3.3.6.6 Patents  
 
Page 106, paragraph 3.249  
The Secretariat's Report refers to  conditions for granting compulsory licenses.  Please explain 
whether importation into Russia is considered to be "use" of a patent for the purposes 
of compulsory licensing.  
 
Answer  
The list of actions that constitute the use of an invention, utility model  or industrial design is 
stipulated by the Article 1358 of the Civil Code of the Russian Federation regardless the purposes.  
 
3.3.6.8 IP enforcement  
 
Page 111, paragraph 3.274  
The Secretariat's Report states that, despite significant efforts, "IP enforcem ent, especially piracy, 
is still the main concern" for Russia's trading partners.  Please explain what progress Russia 
has made on addressing piracy concerns, and what additional measures are proposed.  
 
Answer  
The progress Russia has made on addressing pir acy concerns h as been described in 
paragraphs  3.275 – 3.279 of the Secretariat's Report.  
 
The Russian Federation will continue to toughen up the provisions aimed at preventing illegal use 
of objects of copyright and related rights on the Internet. The Rus sian Federation will also continue 
to develop new approaches towards solving the problem of Internet piracy. Currently, there is 
debate about an initiative to establish administrative responsibility for the site owner and the 
hosting provider if they fail to block illegal content at the request of the copyright holder seeking 
an extra -judicial settlement. Also there are discussions on issues related to the prohibition of 
advertising on websites to which access has been limited by a court ruling. Besides tha t, Ministry 
of Telecom and Mass Communications of the Russian Federation is cooperating with concerned 
copyright holders and legal institutions developing the procedure of rapid response to 
automatically created "mirrors" of webpages that contained repeate dly and illegitimately published 
copyright and related rights objects or information defining ways to obtain those objects through 
information -telecommunication networks.  
 WT/TPR/M/345/Add.1  
 
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  4.TRADE POLICIES BY SECTOR  
4.1 Agriculture, forestry and fishing  
4.1.1 Agriculture  
4.1.1.3 Policies  
4.1.1.3.1 Trade policies   
 
Page 115, paragraph 4.15  
The Secretariat's Report explains that the EEC is the competent authority for administering tariff 
rate quotas (TRQs) in the EAEU.  Please explain how the EEC established and allocated new  
TRQ volumes when Armenia and the Kyrgyz Republic joined the EAEU.  
 
Answer  
Terms and Mechanisms of tariff rate quotas establishment and allocation is provided for in the Part 
III of Annex No. 6 to the Treaty on Eurasian Economic Union of 29 May 2014.  
 
The tariff quota volume in respect of a certain type of agricultural goods originating from third 
countries and imported into the customs territory of the Union is determined by the Eurasian 
Economic Commission and shall not exceed the difference between the v olume of consumption of 
such goods on the customs territory of the Union and the production of like products on the 
customs territory of the Union.  
 
If the production of like products in a single Member State is equal to or exceeds the volume of 
consumptio n of such goods, this difference may be disregarded when calculating the amount of the 
tariff quota for the customs territory of the Union.  
 
If the production of like product on the customs territory of the Union is equal to or exceeds the 
volume of consu mption of such products on the customs territory of the Union, no tariff quota shall 
be allowed.  
 
The allocation of the tariff quota volume between the participants of foreign trade activities of a 
Member State shall be based on their equal rights in respe ct of obtaining the tariff quota and non -
discrimination on the grounds of the form of ownership, place of registration or market position.  
 
The tariff quota volume between the Member States shall be allocated within the difference 
between the volumes of pr oduction and consumption in each Member State taken into account in 
the calculation of the tariff quota volume for the customs territory of the Union said above. The 
tariff quota volume for a Member State that is a WTO Member is set on the basis of its WTO  
commitments.  
 
The tariff quota volume shall be allocated between third countries by the Commission or, in 
accordance with the decision of the Commission, by a Member State following consultations with 
all major suppliers from third countries, unless othe rwise is determined by international treaties 
within the Union, international treaties of the Union with a third party or decisions of the Supreme 
Council.  
 
If during the consultation with major suppliers from third countries  an agreement on tariff quotas  
allocation was not achieved, the decision on the allocation of tariff quota volume between third 
countries shall be made with account of the volume of deliveries of goods from these countries in 
the preceding period.  
 
The preceding period, for this purpos e, shall generally be represented by the preceding 3 years for 
which information is available reflecting the actual volume of import.  
 
If it is impossible to select a preceding period, the tariff quota volume shall be allocated on the 
basis of assessment o f the most likely distribution of the actual volume of import. Regarding to the 
supply of goods within the period of validity of the tariff quota, no conditions and/or formalities 
may be set to prevent any third country from fully utilizing the tariff quot a volume allocated 
thereto. At the request of a third country interested in supplying goods, the Commission shall hold 
consultations on the following:  
1)  reallocation tariff quota volume;  
2)  changing of the preceding period selected;  WT/TPR/M/345/Add.1  
 
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  3)  cancellation of any co nditions, formalities or other provisions determined unilaterally in 
relation to the allocated tariff quota volume or its unrestricted use.  
 
4.1.1.3.2 Domestic policies  
4.1.1.3.2.1 State Programme for Agricultural Development  
 
Page 122, paragraph 4.26  
According to the Secretariat's Report, Government Decree No. 1432 provides support to 
manufacturers of agricultural equipment.  Please identify the criteria for a piece of 
agricultural machinery to be eligible for a discounted sale under this program me. 
 
Answe r 
The Resolution of the Government of the Russian Federation No. 1432 as of 27 December 2012 
regulates the support to manufacturers of agricultural machinery and equipment. The equipment 
at issue is the agricultural equipment (machinery) that came into cir culation in the territory of the 
Russian Federation not earlier than a year prior to its sale, and that had not been exploited before.  
 
This equipment (machinery) should be manufactured with certain technological operations 
provided in the territory of the  Russian Federation, including engines, transmission and axles 
assembling; manufacturing, assembling and paint coating of external elements and cabin; engine, 
transmission, axles sections and additional equipment assembling; electrical system and 
equipment , hydraulic equipment assembling.  
 
4.1.3 Fisheries   
 
Page 133, paragraph 4.60  
According to the Secretariat's Report, Russia undertook to eliminate export duties on fish and fish 
products over a four year period.  Russia has now been a WTO Member for four ye ars. Please 
clarify whether Russia has eliminated all export duties on fish and fish products, and if any export 
duties on fish and fish products remain, when Russia plans to eliminate them.  
 
Answer  
As of 1 September 2016 Russia does not apply export dutie s on fish and fish products.  
 
4.2 Mining and Energy  
 
Page 141, paragraph 4.101  
The Secretariat's Report states that "Gazprom is the only entity with permission to export gas out 
of the territory of the Russian Federation."  In 2014, Russia stated that the list of companies 
authorized to export gas had been expanded to include Rosneft and Yamal as well.  Please clarify 
which companies have the legal right to export gas, and which companies actually are 
exporting gas.  In addition, please describe any limits on  those companies that are 
allowed to export . 
 
Answer  
According to Article 3 of the Federal Law of 18  July 2006 No. 117 -FZ "On gas export" the exclusive 
right to export gas is granted to the organization being the owner of the unified gas supply system 
or to subsidiaries thereof in whose authorized capital the share of participation of the organization 
being the owner of the unified gas supply system amounts to 100 %. 
 
PJSC "Gazprom" carries out functions of the organization – owner of the unified system of g as 
supply, holding exclusive right on export of the natural gas in gaseous form.  
 
The following companies have been granted the exclusive right on export of natural gas in liquid 
form:  
1. Open joint -stock company "Gazprom";  
2. Open joint -stock company "Oil compa ny "Rosneft";  
3. Open joint -stock company "Yamal SPG";  
4. Limited liability company "Gazprom export";  
5. Limited liability company "Arctic SPG 1";  
6. Limited liability company "Arctic SPG 2";  WT/TPR/M/345/Add.1  
 
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  7. Limited liability company "Arctic SPG 3".  
 
This exclusive right had been est ablished by the Order of the Government of the Russian 
Federation of 14 July 2014 No.1277 -r. 
 
4.3 Services  
4.3.1 Financial Services  
4.3.1.2 Insurance  
 
Page 147, paragraph 4.128  
The Secretariat's Report notes that Russia's limitation on mode 3 market acces s for insurers that 
are subsidiaries of a foreign investor in which foreign participation in the charter capital (voting 
shares) exceeds 51% is due to expire in August 2017.  Please explain whether Russia is on 
track to remove that limitation on time.  
 
Page 147, paragraph 4.130  
As noted in the Secretariat's Report, Russia committed to removing limits on certain activities of 
insurance organizations that are subsidiary companies of foreign investors or those having a share 
of foreign investors in their author ized capital of over 51% by August  2017.  Please explain 
whether Russia is on track to remove that limitation on time.  
 
Answer  
The regulation of issues related to the activity of foreign insurers and their branches in the 
territory of the Russian Federatio n due to the obligations of the Russian Federation regarding the 
accession to WTO is provided for by paragraph 38 of the Action Plan (the Roadmap) "Strategy of 
the development of insurance activity in the Russian Federation until 2020", (approved by the 
Order of the Government of the Russian Federation of 22 July  2013 No. 1293 -r). The date of the 
introduction of the corresponding draft law is set as 2017.  
 
Federal Law dated 23 July 2013 No. 234-FZ "On amendment of Law of the Russian Federation "On 
Insurance  business organization in the Russian Federation"  introduced changes in Law of the 
Russian Federation No. 4015-1 dated 27 November  1992 "On Insurance business organization in 
the Russian Federation"  (hereinafter referred to as "the Law on Insurance") inclu ding ones to 
comply with the Russian Federation's commitments under the WTO.  
 
From 22 August 2017 prohibition imposed on insurance companies which are subsidiaries in 
respect of foreign investors (based organizations) or having foreign investors' share in the its 
charter capital exceeding 51 % to conduct personal lines insurance connected with citizens survival 
till certain age or term or connected with other events in citizens life including death (life 
insurance) and to conduct obligatory insurance of thir d party liability of owners of motor vehicles. 
Moreover requirement for chief executives of insurance subjects including a sole executive body to 
have a permanent residence in the Russian Federation was excluded from the Law on Insurance.  
 
4.3.2. Telecommu nications and postal services  
 
Page 150, paragraph 4.140  
The Secretariat's Report describes subsidies for the production of certain electronic, print, 
television, and radio media/programmes.  Please clarify whether these subsidies are 
available on a non -discriminatory basis to all productions regardless of the nationality of 
the production company or to Russian production companies only.  
 
Answer  
Federal agency of press and mass media annually provides governmental support to the socially 
significant projects  of the electronic mass media on a competition basis in the presence of 
applications from interested organizations. Thus governmental support in 2016 is provided in 
accordance with D ecree No. 380 dated 25  December 2016 "About the organization of work on th e 
provision of governmental support in the field of electron ic means of mass media in  2016" and is 
provided for the entities registered in the territory of the Russian Federation.  
More detailed information can be found on the Rospecht's website  at: 
http://www.fapmc.ru/rospechat/statements/support/grantingofstatesupport/item43.html . 
 WT/TPR/M/345/Add.1  
 
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  4.3.3 Transport  
4.3.3.1 Rail transport  
 
Page 154, paragraph 4.167  
Please explain whether the cargo transportation tariffs are applied equally regardless of 
whether the cargo is destined for sale in the domestic market or for export.  Also, please 
explain whether up -to-date tariff rates for rail cargo are publically avail able and, if so, 
where.  
 
Answer  
The cargo transportation tariffs are applied equally regardless of whether the cargo is destined for 
sale in the domestic market or for export.  
 
Tariffs for rail freight are set by the state and are determined by the Tariff Guide "Price list No. 10 -
01" both in domestic and export -import traffic. Price list No. 10 -01 was approved by the Federal 
Tariff Service. The document is a normative legal act that is registered by the Ministry of Justice of 
Russia. It is binding on an ind efinite number of persons, and it is publicly available.  
 
Tariffs can be calculated directly in accordance with the Price list No. 10 -01 or by a variety of 
software products.   
 
PART II:QUESTIONS ON THE GOVERNMENT REPORT (WT/TPR/G/345)  
 
3 FOREIGN TRADE  
3.2 Trade in Services  
 
Page 5, paragraphs 3.9 and 3.11  
The Government's Report notes that services represent more than 60% of Russia's GDP, and 
identifies the geographical structure of its services exports.  Please describe the types of 
services that comprise Russia's services exports.  
 
4 TRADE POLICY  
4.2 Improving Customs Administration   
 
Page 5, paragraph 4.4  
The Government's Report notes steps being taken to expedite customs formalities.  In that process,  
please clarify whether Russia will eliminate the dupli cative bank guarantee imposed on 
imports of alcoholic beverages as a result of the Russian Federal Customs Service's 
decision to not accept a CU Guarantee Certificate required under Chapter 12 of the 
Customs Union Customs Code and the "Agreement on Certain  Matters of Providing 
Security for the Payment of Customs Duties and Taxes on Goods Transported in 
Accordance with the Customs Procedure of Customs Transit, and the Particularities for 
Levying Customs Duties and Taxes on Such Goods" as proof of security fo r the payment 
of customs duties and taxes for the import of foreign  goods under Russian procedures.  
 
Answer  
Upon importation of alcoholic beverages marked with excise seals in the territory of the Russian 
Federation it is required to have the security for the payment of customs duties and taxes and the 
support of obligations of the legal entity importing the marked alcoholic beverages to use excise 
seals correctly.  
 
According to Federal Law No. 171 FZ of 22 November 1995 "On the state regulation of the 
production and circulation of ethyl alcohol and alcoholic drink and on restricting the consumption 
(drinking) of alcohol product" the enforcement of obligations is the measure to control the using of 
excise seal correctly and to ensure that such legal entities  act in accordance with the existing 
legislation.  
 
The mentioned federal law stipulates that the importation and exportation of alcoholic beverages is 
accomplished in accordance with EAEU legislation and (or) national legislation in the field of the 
custo ms regulation.  
 WT/TPR/M/345/Add.1  
 
- 194 - 
 
  Under the CU Customs Code the carriage of imported goods from the first crossing customs border 
point of arrival to further one is conducted in correspondence with the customs transit procedure. 
One of the requirements to place the goods un der the mentioned customs procedure is to ensure 
its fulfillment by providing the security for the payment of customs duties and taxes under the 
Chapter 12 of CU Customs Code.  
 
Under Agreement between Russia, Belarus and Kazakhstan on Some Issues of Provi sion of 
Security for the Payment of Customs Duties and Taxes on Goods Carried in Accordance with the 
Customs Procedure of Customs Transit, the Details of Levy of Customs Duties and Taxes and the 
Procedure for Remittance of the Sums Collected on Such Goods of 21 May 2010 the document 
confirming the security for the payment of customs duties and taxes for the goods in transit is a 
certificate on the security for the payment of the customs duties and taxes issued and registered 
by the customs authorities of a CU member -state obliged to accept such security.  
 
4.4 Industrial policy  
 
Page 7, paragraph 4.26 : Please clarify how the stated principles of openness and 
competition in public procurement are to be reconciled with the Industrial Policy Law 
(488 -FZ), which  restricts access to public procurement opportunities by foreign firms, 
giving preference to local manufacturers and impacting a broad spectrum of products 
such as automobiles, satellite navigation systems, software, medical devices, and 
pharmaceutical goo ds.  
 
Answer  
According to the Federal Law No. 44 -FZ the principles of openness means free access to 
information concerning the Russia contract system via its publication in the Unified Information 
System. The principle of competition means equal conditions  for all participants of the 
procurement process.  
 
The Federal Law No. 488 -FZ provides for market access conditions to government procurement for 
foreign goods, services and its suppliers. Therefore, the said Law does not contradict with 
abovementioned pr inciples within the meaning of the Federal Law No. 44 -FZ. 
 
Also, on 22 August 2016, Russia announced that it would begin negotiations for accession to the 
WTO's Government Procurement Agreement.  How will Russia bring its domestic content 
requirements for s tate-owned and state -controlled enterprises and preference programs for 
government purchases of domestically produced products into consistency with the GPA 
obligations?  
 
Answer  
Russia intends to discuss these measures with the Parties of the GPA within th e framework of 
negotiations on Russia's accession to the GPA as part of the discussion on the coverage of future 
Russia 's commitments under the GPA.  
 
4.8Intellectual Property Rights  
 
Pages 11 -13, paragraphs 4.49 -4.64: The Government's Report cites signific ant new legislation and 
amendments to existing legislation in the field of intellectual property right, yet online piracy 
remain ubiquitous.  Please identify what steps Russia will take to enhance its enforcement 
of IPR legislation in this area and ensure t he equal treatment of foreign and domestic 
rights' holders by national collection societies.  
 
Answer  
Despite the adoption of the anti -piracy legislation, the Russian Federation will continue to toughen 
up the provisions aimed at preventing illegal use of objects of copyright and related rights on the 
Internet. The Russian Federation will also continue to develop new approaches towards solving the 
problem of Internet piracy. Currently, there is debate about an initiative to establish administrative 
responsi bility for the site owner and the hosting provider if they fail to block illegal content at the 
request of the copyright holder seeking an extra -judicial settlement. Also there are discussions on 
issues related to the prohibition of advertising on websites  to which access has been limited by a 
court ruling. Besides that, Ministry of Telecom and Mass Communications of the Russian 
Federation is cooperating with concerned copyright holders and legal institutions developing the WT/TPR/M/345/Add.1  
 
- 195 - 
 
  procedure of rapid response to au tomatically created "mirrors" of webpages that contained 
repeatedly and illegitimately published copyright and related rights objects or information defining 
ways to obtain those objects through information -telecommunication networks.  
 
In accordance with t he provisions of international and national legislation the Russian Federation 
ensures the equal protection of rights of foreign and domestic rights holders in the territory of the 
Russian Federation. Organizations on collective management of rights manage  the rights not only 
of the Russian but also of the foreign right holders on the basis of agreements on reciprocal 
representation of interests concluded with foreign societies for the collective management of 
rights.  
 
Page 11, paragraphs 4.50 and 4.53 : The Government's Report notes that photographic works are 
excluded from the judicial mechanism to restrict access to illegally posted objects of copyright and 
related rights on the Internet.  Please explain the rationale for the exclusion of photographic 
works  from this mechanism.  Also, please clarify whether photographic works are 
covered by the notice and takedown mechanism described in paragraph 4.53.  
 
Answer  
In accordance with the legislation of the Russian Federation photos are recognized as the object of  
copyright and accordingly the right holder has the right to protect its rights to the work with all the 
means established by laws. In the course of elaboration of "anti -piracy laws" (Federal Law 
No. 187-FZ and FZ No. 364-FZ) it was decided not to apply th e judicial mechanism of cessation of 
infringements on the Internet in relation to photography works as it is difficult to prove the rights 
to this work. However, the rightgolder is provided for the ability to block access to such content 
extra judicially , and by the means established by the general provisions on the protection of 
personal non -property and exclusive rights  
 
Page 11, paragraph 4.54 : The Government's Report notes that the recent anti -piracy legislation 
"provides for the possibility to block un der a court decision a website that has repeatedly and 
unlawfully posted objects of copyright and related rights."  Please clarify whether the law 
identifies a required number of violations or other factors to govern when a court may 
order a website blocked  under this authority.  
 
Answer  
In accordance with part 3 of Article 26 of the Civil Procedural Code of the Russian Federation the 
decision regarding the permanent blockage of a web site requires to have at least one court 
judgment in force in favor of the same right holder  and in respect of the same web site on the 
Internet.  
 
REGIONAL ECONOMIC INTEGRATION  
Establishment of the Eurasian Economic Union  
 
Page 13, paragraph 5.3 : The Government's Report notes that upon entry into force of the Treaty 
of the Eurasia n Economic Union, Russia lost the right to negotiate regional trade agreements 
unilaterally.  Please identify what other trade policy -related rights Russia lost upon entry 
into force of the Treaty of the Eurasian Economic Union.  
 
Answer  
According to the pro visions of the Treaty on the Eurasian Economic Union some matters like trade 
in goods, customs tariff and non -tariff regulation, technical regulations, sanitary, veterinary -
sanitary and phytosanitary quarantine measures were referred to the supranational c ompetence.  
 
CIS Free Trade Agreement  
 
Pages 13, paragraphs 5.6 -5.8: In paragraph 2.24 of the Secretariat's Report, the Secretariat 
discusses the Treaty on the Free Trade Area between Members of the Commonwealth of 
Independent States, signed on 15 April 19 94, but since terminated.  The Government's Report talks 
about the CIS Free Trade Area Agreement, signed on 18 October 2011.  
Please explain the substantive differences between these two agreements. Also, please 
clarify whether the CIS Free Trade Area Agreem ent is a "single undertaking", providing 
that each signatory agrees to all the terms of the agreement as applied to all other 
signatories.  WT/TPR/M/345/Add.1  
 
- 196 - 
 
  Answer  
The CIS Free Trade Area Agreement (Agreement of 2011), signed on 18 October 2011 substituted 
the Treaty on the  Free Trade Area between Members of the Commonwealth of Independent States 
(Treaty of 1994 ), signed on 15 April 1994 to those parties, who signed the Agreement of 2011. 
The Treaty of 1994 was also signed by Azerbaijan, Georgia, Turkmenistan, Uzbekistan, w hile the 
Agreement of 2011 was not.  
 
The CIS Free Trade Area Agreement of 2011 is much more comprehensive agreement with the 
detailed regulation of trade relations between the parties. Special regard was given to the WTO 
rules, specifically G ATT'94, includ ing Art. XXIV of GATT'94.  
 
Considering the concept of a "single undertaking" and the treaty at hand it may be concluded that 
the mentioned concept is not subject to application in the present situation, being usually applied 
to the package deals or agreeme nts on multiple issues, while this treaty falls within neither of 
these categories.  
 
Free Trade Agreement with the Socialist Republic of Viet Nam  
 
Page 14, paragraph 5.10  
Please explain how the provisions of the EAEU -Viet Nam FTA impact Russia's trade 
under the CIS FTA.  Specifically, can goods that enter the EAEU duty -free under the terms 
of the EAEU -Viet Nam FTA be traded freely within the CIS FTA without substantial 
transformation?  Does the EAEU -Viet Nam FTA contain rule of origin cumulation rules 
that c ould impact trade within the CIS FTA?  
 
Answer  
EAEU -Viet Nam FTA and CIS FTA are two different FTAs where agreed upon different requirements 
of substantial transformation of goods to confer the origin. Therefore under EAEU -Viet Nam FTA 
the goods of Vietname se origin shall be issued the respective certificate of origin prior to the 
importation to EAEU customs territory. Due to the goods origin they will be not allowed to circulate 
duty-free to the territory of the signatories to CIS FTA except for those which  are the member -
states of EAEU. Both FTAs contain cumulation rule though such rules. Relating to possible impacts 
on FTA the only changes in trade based on theory of international economics that could be seen 
over years are trade creation and trade diversi on which will depend much on the activity of foreign 
trade participants.  
 
PART III:  OTHER QUESTIONS  
 
Question 1   
With respect to data localization law (Federal Law No. 242 -FZ), requiring companies to store all 
personal data of Russian citizens in databases  located inside Russia, please clarify what steps 
Russia will take to ensure that its implementation will not negatively impact trade in 
cross border services.  
 
Answer  
The implementation of the Federal L aw 242 -FZ in the part of processing of personal data  of the 
Russian citizens in the territory of the Russian Federation do not affect negatively the cross border 
supply of services and such impact is not expected.  
 
Question 2   
Please explain how Russia will address industry concerns that the recent Regulat ion of 
Prices for Implantable Medical Devices (Resolution 1517 ), which creates pricing regimes 
for broad categories of medical devices, may create disincentives that shut innovative 
technologies out of the market.  
 
Answer  
Market participants provide to the  FAS Russia information on their goods' prices after which the 
FAS Russia checks the reasonableness of the Roszdravnadzor's calculations of weighted arithmetic 
mean of prices made due to the information on sales indicators.  
 
Price regulation is introduced with the aim of restraining price growth for the imported goods 
which depend on the currency fluctuations, market power and marketing policy of a market's WT/TPR/M/345/Add.1  
 
- 197 - 
 
  economic entities. Need in the goods including those based on innovative technologies will most 
proba bly be preserved at the same level. If some of the market participants will not be able to 
withstand price competition, then their place will be taken by another market participant who in 
his turn will be able to obtain a bigger market share due to decreas ing the price down to the level 
established by a relevant authority.  
 
If different producers possess modern innovative technologies they will be considered as 
competitors, however, in case, if a producer has no competitors in the market, his good will be 
considered as innovative and the price will be registered at the level stated by such a producer.  
 
Due to the listed factors, the concerns related to shutting the innovative technologies out of the 
market seem to be unreasonable.  
 
Question 3   
Under Annex 2 5 of the EAEU Treaty relating to government procurement, there are 63 cases 
where single -supplier methods can be used.  Please explain whether Russia uses all 63 cases 
under its own procurement laws, including Law No. 44 -FZ, to determine when entities 
may u se single -supplier procurement.  
 
Answer  
According to Annex 25 of the EAEU Treaty, a Member State has a right to reduce in their 
legislation on procurement list of cases where single -supplier methods can be used. Therefore, in 
the Russian Federation accordi ng the Federal Law No. 44 -FZ the single -supplier procurements can 
be carried out by the procuring entities only in 48 cases.  
 
Question 4   
In 2007, Russia started a process to ensure equal return on gas supplies to the international and 
domestic markets.  Please provide an update on that process.  Please also clarify whether 
returns on gas for export and for domestic sales have been equalized.  
 
Answer  
Decree of the Government of the Russian Federation of 28 May 2007 No. 333 " On the 
modernization of state regu lation of prices on gas " provided for, in particular, that the regulation 
of wholesale prices on gas shall be carried out on the basis of gradual achievement of equal 
returns from gas supplies to domestic and international markets taking into account the c ost of 
alternative types of fuel. This process hasn't been finalized yet.  
 
Question 5  
We understand that Russia plans to establish a reinsurance company under the Central Bank of 
Russia, and require Russian insurance companies to place ten percent of thei r reinsurance 
business with the newly established National Reinsurance Company.  Please explain how the 
establishment of this company, and in particular the requirement that companies place 
10% of their business with that company, comports with Russia's GAT S commitments in 
light of the fact that Russia did not take a reservation or limitation to allow mandatory 
cessions to a local reinsurance company.  
 
Answer  
National Reinsurance Company (NRC) does not limit the rights of foreign companies since it does 
not establish the exemption from the national treatment. The requirement on the 10% -transfer is 
extended for all companies and for all reinsurance both going outside the Russian Federation and 
remaining in the country (reinsurance by both foreign and domestic reinsurers).  
 
Question 6  
Russia has required the use of its satellite navigational system GLONASS (Global Navigational 
System) for aviation navigation and for most forms of public transport.  Recent legislation 
(No. 253-FZ of 7/13/16) requires private vehic les to install and certify GLONASS -based emergency 
response systems.  Please explain how such a mandate that certain forms of 
transportation use a specific technology, as opposed to any technology with the same 
function, conforms with Russia's obligations u nder Article 2.2 of the TBT Agreement.  
 WT/TPR/M/345/Add.1  
 
- 198 - 
 
  Answer  
Mandatory technical requirements for wheeled vehicles have been established in the Technical 
Regulations TR TS 018/2011 "On the safety of wheeled vehicles" approved by the Decision of 
Customs Union Commission of the Eurasian Economic Community of 9 December 2011 No.877.  
In particular, technical regulation provides for the mandatory equipment of certain categories of 
vehicles (including public transport) of satellite navigation apparatus that receive signals fro m at 
least two satellite navigation systems. Systems of any origin have to be chosen by vehicle 
owner/operator.  
 
Question 7   
The EAEU agreement is to be reviewed for transparency under the WTO's RTA Transparency 
Mechanism.  As of March 2016, the WTO Secret ariat had received none of the data necessary from 
Russia, Belarus, Kazakhstan or the Kyrgyz Republic in order to proceed with the review.  Please 
indicate if Russia has submitted any data since then, and when WTO Members can 
expect the EAEU's transparency review to take place in the Committee on Regional 
Trade Agreements.  
 
Answer  
In June, 2016 the Russian Federation provided data in respect of its trade with Armenia, Belarus, 
Kazakhstan and the Kyrgyz Republic. The data of Russian imports from all other tra ding partners 
requested by the WTO secretariat will be provided by the middle of October, 2016. The Russian 
Federation hopes that the EAEU's transparency review will be prepared as soon as possible after 
collection of all necessary data by the WTO Secretar iat. WT/TPR/M/345/Add.1  
 
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  14  QUESTIONS FROM ARGEN TINA  
Informe WT/TPR/S/345  
 
INVERSIONES  
 
Párrafo 1.17 – Tabla 1.2 Balance de Pagos 2012 -2015 
 
1. Pregunta : ¿A qué atribuye la Federación Rusa la baja tan pronunciada de la 
inversión  extranjera directa entre los años 2014 y 2015, según  datos del Balance 
de Pagos ( US$35.051 millones a US$16.733 millones, respectivamente)?  
 
Answer  
In part the scope of drawdown appears to be more significant due to the high 2013 base effect 
when the biggest transaction in the market for mergers and acquisi tions took place, which has 
made a significant contribution to the growth of aggregate direct investment compared to the 
previous periods.  
 
At the same time, the year 2014 was characterized by a sharp decline in prices for energy goods, 
the earning from wh ich are a key component of foreign exchange earnings, which in turn reduced 
the income of Russian companies. As a result, there has been a significant decline in the incomes 
reinvested by foreign shareholders into the Russian economy. Another factor that a ffected the 
amount of reinvested earnings into the organizations' capital in all economy sectors was a 
reduction of the exchange rate of the rouble , which has discounted the dollar equivalent of their 
evaluation.  
 
In addition, in 2014 and 2015 external deb t financing was almost ceased both on the credit market 
and the Eurobond market. The latter was a fairly common source of cross -borrowing, with the 
participation of special -purpose companies. Narrowing of the opportunities for refinancing and the 
attractio n of the new ones amid external debt repayment schedule led to the total cumulative 
effect of net capital outflow for debt instruments.  
 
In terms of the assets, in addition to the aforementioned factors regarding the lowering of 
corporate income and debt r epayment, largely affected by the absence of available investment 
funds, a substantial decline in investment rates was due to the decline in investments by natural 
persons, residents of the Russian Federation, into the real estate abroad, since a fallen le vel of 
disposable income did not allow them to maintain their interests, typical for the previous years.  
 
2.4.2.1. Unión Económica Euroasiática  
 
2. Pregunta : ¿Podría la Federación Rusa informar el estado de la negociación para la 
puesta en marcha de la Unión Económica Euroasiática? También desearíamos 
conocer sobre los planes para negociar con terceros países y cuál sería la política 
a implementar en materia de inversiones.  
 
Answer  
The Treaty on the Eurasian economic union was signed on 29 May 2014 in Astana a nd entered into 
force on 1 January 2015. Regarding the negotiations with third countries, on 29 May 2015 a free 
trade agreement between the Eurasian economic union and its Member states, on the one side, 
and the Socialist Republic of Viet Nam, on the other  side, was signed. Its entry into force is 
expected on 5th of October 2016. Besides, negotiations on free trade agreement with Israel will 
start in October 2016. Trade in services and investment issues were kept at the national 
competence of the Member Sta tes of the Union and they are negotiated bilaterally with interested 
countries.  
 
En el párrafo 2.43 se indica que las leyes sobre Asociaciones Público -Privadas pueden convertirse 
en un instrumento muy importante para agilizar las inversiones en infraestruc tura, pero esto 
dependerá de la forma que la legislación ha sido redactada.  
 
3. Pregunta : Se solicita mayor información sobre el funcionamiento de la normativa 
que aplica la Federación Rusa e indicar si ya se ha experimentado algún  resultado 
de su implementac ión. WT/TPR/M/345/Add.1  
 
- 200 - 
 
  Answer  
For the past ten years, the Government of the Russian Federation has been actively developing 
Public -Private Partnership (PPP) frameworks and institutions, and improving the environment for 
PPPs. These efforts are aimed at creating better condi tions and attract private sector for the 
development of social infrastructure and public infrastructure mainly in transport, energy and 
utilities.  
 
There are more than 1,300 projects in various stages of implementation, including 15 on the 
federal, 190 on regional, and 1,100 on municipal level. The bulk of the projects are in the form of 
concessions (around 85%).  
 
There are two key federal laws regulating the implementation of PPP projects in Russia: Federal 
Law No. 115 -FZ "On concession agreements" (of 21 July 2005) and Federal Law No. 224 -FZ "On 
public -private partnership and municipal -private partnership in the Russian Federation" (of 
13 July 2015). The implementation of the latter is  aimed at facilitating private investment in 
infrastructure and increas ing regulatory certainty among private investors.  
 
Both federal laws allow for the implementation of PPP projects through unsolicited proposals. This 
mechanism allows private partners to develop and propose a PPP project directly to the public 
partner. Con sequently, costs can be reduced due to the limited period of time for the consideration 
of a proposal.  
 
Federal Law No. 224 -FZ simplified financing of various PPP arrangements including build -operate -
transfer (BOT), design -build-operate -transfer (DBOT), bu ild-own-operate (BOO), design -build-
own-operate (DBOO), build -own-operate -transfer (BOOT), design -build-own-operate -transfer 
(DBOOT), design -build-finance -operate (DBFO), and private finance initiatives (PFI). Federal Law 
No. 115 -FZ regulates build -transfe r-operate (BTO) and design -build/reconstruct -finance -operate 
(DBFO), and private finance initiatives (PFI).  
 
There are 13 subordinate legal acts adopted under the development of Federal Law No. 224 -FZ 
(e.g. legal acts on regulating the preparation of PPP p rojects, tender procedures, the procedure for 
evaluation of projects, and on managing the control and monitoring the implementation of PPP 
projects, etc.). Additional regulatory legal acts of the constituent entities of the Russian Federation  
and municipal  legal acts regulate PPPs at the municipal level.  
 
The key positive effects of a continuously improving legislation in this area include the following:  
  Raising private investments in low margin projects by introducing a mechanism providing 
for the concess or paying to the concessionaire for the entir e list of concession facilities;  
  Opening up possibilities for intensifying business, reducing expenses and time required to 
prepare a project and conduct tender procedures by providing private investors with an  
opportunity to enter into concession agreements on their own initiative ; 
  Raising attractiveness of small bank projects by conducting a single tender for facilities 
located in the territory of more than one public legal institution ; 
  Safeguarding return o n investments in heat and water supply systems by making 
respe ctive amendments to legislation;  
  Allowing for a possibility to pass newly constructed or reconstructed public infrastructure 
facilities into private ownership.  
 
The figures provided below demon strate the results of the implementation of such policy: as at 
1 April 2016 there are more than 1 ,300 PPP projects on different stages of implementation (188 
projects of regional level, 15 projects of federal level, and more than 1 ,100 projects of the 
municipal level) in such sectors as: energy, transport, utilities and social sphere.  
  
  WT/TP R/M/345/Add.1  
 
- 201 - 
There are more than 1300 PPP projects on different stages of implementation 
PPP projects of the regional level –
188 projects1 3Annex 1
PPP projects in the Russian Federation (including concession agreements) on 1 April, 2016 
Energy
SocialTransport
UtilitiesPPP projects of the municipal level –
more than 1100 projects
ConcessionsPPP 
agreements Other
29 126 
2Projects of the federal level –15 projects:
14 –Transport , 1 –Healthcare .67% 18% 15%36 more than 1000 
94% 4% 2%105
9821831
10735422
33 17ConcessionsPPP 
agreements Other
 
 
 WT/TPR/M/345/Add.1  
 
- 202 - 
 
  2.45 Zonas Económicas Especiales  
 
4. Pregunta : Se solicita mayor información sobre los lugares en donde fueron 
instaladas las "Zonas Económicas Especiales" y cuáles son lo s criterios que se 
utilizaron para seleccionar su localización.  
 
Answer  
Industrial zones Vast territories located in  Russia's  major industrial regions. Proximity 
to production resources, access to existing infra structure and key thoroughfares — these  are the 
main advantages of the Industrial Zones. With manufacturing facilities in  an Industrial Zon e, 
companies can reduce cost to make their products more competitive on  the Russian market.  
 
The Industrial Zones are located in the Yelabuga District of the Repu blic of Tatarstan and the 
Gryazi  District of Lipetsk Region. On 12 August 2010, the Russian Government signed a decree 
establishing an Industrial Zone in Samara R egion in  immediate proximity to Tolyatti.  
 
 Motor vehicles and components  
 Construction material s 
 Chemicals and petrochemicals  
 Household appliances and retail equipment  
 
Innovation zones.  
Located in major centres of science a nd education with long -standing scientific traditions and 
recognized  research schools, the Innovation Zones offer great opportu nities for innovative 
businesses to manufacture  science -intensive products and sell them on the domestic and 
international markets.  
 
A set of  customs and tax privileges and access to  professional personnel resources combined with 
growing demand for new tec hnologies and modernization  of various sectors of  Russian economy 
make the Innovation Zones attractive for venture funds and developers/manufacturers 
of technology -intensive  products.  
 
The four existing I nnovation Zones are situated in Tomsk, St. Petersbur g, Moscow, and Dubna, 
Moscow Region.  
 Nano and biotechnologies  
 Medical technology  
 Electronic and telecom equipment  
 Information technology  
 Precise and analytical instruments  
 Nuclear physics  
 
Tourist zones. Located in Russia's most picturesque and popular des tinations, the Tourism & 
Recreation Zones offer favourable conditions for tourism, sports, recreation and other activities.  
The f our Tourism Zone are located in Irkutsk Region, Altai Territory, the Altai Republic, the 
Republic of Buryatia, and Primorye Ter ritory.  
 
Logistic zones. Located in  immediate proximity to  global transit corridors, t he Port Zones provide 
access to the fast-growing  market fo r port and logistic services in the Russian Far East and 
in central Russia.  
 
The distinction of the Special Econ omic Zone based on  Ulyanovsk Vostochny Airport is its proximity 
to the Ulyanovsk Aircraft Cluster factories. This creates development opportunities for aircraft 
maintenance and reconfiguration businesses.  
 
The Port and Logistic Zone in Khabarovsk Terri tory is focused on creating a modern diversified port 
and dockyard cen tre that will take advantage of the favourable geographic position and the 
existing infrastructure.  
 
More information concerning the location of Special Economic Zones is available at th e website: 
http://www.russez.ru/.  The criteria are provided for in Resolution of the Government of the 
Russian Federation No 398 of 26 April 2012.  WT/TPR/M/345/Add.1  
 
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  2.48 Agencias Regionales de Inversión  
 
5. Pregunta : Se solicita a la Fede ración Rusa informar si las Agencias Regionales de 
Inversiones constituyen organismos dentro de la órbita  estatal o si también 
existe intervención del sector privado así como también informar si el gobierno 
ha realizado alguna evaluación sobre los resultad os cualitativos y cuantitativos 
de su funcionamiento en el volumen de las inversiones.  
 
Answer  
The situation with Regional Investment Agencies (RIA) in Russia differs from subject to subject.  
In some subjects of the Russian Federation Regional Investment A gency (RIA) are established as a 
joint-stock company, in another – at the expense of private capital, and they can also be part of 
Regional Government.  
 
The Government of the Russian Federation has not assess RIA activities, but they are peer 
reviewed in t he framework of National rating of investment climate in the Russian Federation.  
 
RIA quantitative and qualitative results (the volume of attracted investments) are reviewed at the 
regional level accordingly to Key Performance Indicators.  
 
2.49 Promoción d e la Inversión y Acuerdos de Protección  
 
6. Pregunta : Se solicita informar si en materia de inversiones se ha implementado 
aluna estrategia relacionada con el desarrollo sustentable así como también 
conocer si la Federación Rusa se encuentra abierta a la firm a de nuevos acuerdos 
de inversión. Si éste fuera el caso, indicar cuáles son los elementos clave que se 
contemplan o se tienen en cuenta en un Tratado Bilateral de Inversiones (TBI).  
 
Answer  
Russia's current approach in respect of investment promotion and protection agreements does not 
provide for provisions on sustainable development.  
 
As for the signature of new agreements the negotiations with Guyana on IPPA have been finalized 
and the agreement is planned to be signed in the nearest time.  
 
In accordance  with the Russian current approach IPPAs contain, in particular:  
  provisions on national treatment and MFN treatment with exemptions;  
  guarantees in case of expropriation (can be carried out only for a public purpose; in a non -
discriminatory manner; on pa yment of prompt, adequate and effective compensation) ; 
  rules for compensation of losses (relating to war or other armed conflict, civil strife, etc.);  
  provisions on free transfer of payments;  
  dispute settlement procedures.  
 
MEDIDAS QUE AFECTAN A LAS IM PORTACIONES  
 
En el párrafo 3.11 se indica que la Federación Rusa está trabajando en la implementación de un 
sistema de ventanilla única para el comercio exterior, para lo cual está preparando un plan de 
acción por etapas las cuales incluyen declaraciones e lectrónicas, interfaz electrónica entre las 
autoridades competentes; sistemas de ventanilla única para los puertos aéreos y marítimos; y, un 
sistema de ventanilla única integrada con la Unión Económica Euroasiática.  
 
7. Pregunta:  ¿Cuáles son los plazos previs tos para la implementación de cada una 
de las etapas de la ventanilla única? ¿En qué medida mejorará en cuanto a plazos 
y simplificación de procedimientos el régimen actualmente vigente?  
 
Answer  
The Federal Customs Service of the Russian Federation is acti vely promoting and implementing 
paperless technology through the "Single window" mechanism. It is designated for moving paper -
based processes to electronic ones wherein the electronic document submitted to one 
governmental agency becomes available to all i nterested stakeholders. Therefore it aims at 
reducing the interaction with the governmental authorities to the one -entry submission of the 
documentation in an electronic form.  WT/TPR/M/345/Add.1  
 
- 204 - 
 
  The Single Window is going to be implemented through 5 stages. Firstly, an E -customs system is 
to be put into operation. The system is designed to enable customs declaration to be electronically 
processed. Following this step there is a need to introduce the regulatory framework for Single 
Window in order to stipulate how the relevan t agencies shall cooperate electronically to issue the 
complete set of the required authorizations for foreign trade activities. At the third stage Single 
Window platform is expected to bring into being the cross -border information exchange platform of 
the "single window" system. It actually means that the mechanism will become accessible in all 
the customs control points for import/export, e.g. a irports, sea ports or dry ports . At the next 
stage implementations of mechanism is expected to go further by tra nsforming it into a fully 
integrated Single Window which will ensure direct and effective exchange between all the 
stakeholders along the line of logistics, namely governmental authorities, businesses and service 
providers. Finally, the last stage will be completed through the integration and interconnection of 
national systems of "single window" with a bilateral or regional platform for electronic cross -border 
exchange of information. Practically the national Single Windows is expected to be connected and 
to work with each other.  
 
Since 2014 the customs authorities located at sea ports has launched the introduction of softwares 
that allow exercising an electronic interaction between all interested stakeholders.  
 
Besides that the work on the creation of "s ingle window" in the framework of the Eurasian 
Economic Union is under way. According to the Decision of the Supreme Eurasian Economic 
Council of 29 May 2014 No. 68 "On the main directions of development of the mechanism of 
"single window" in the system of  regulation of foreign economic activity", the representatives of 
the concerned ministries and agencies of the member -states of the Eurasian Economic Union, 
together with the business community, have developed a plan of measures related to the 
establishmen t of a "single window" and the integration of the national "single window" into a single 
cross-border area. The plan provides for the work until 2020.  
 
En el párrafo 3.13 se indica que la Federación Rusa está tomando medidas para mejorar las 
operaciones de  aduana a través de un plan de acción, el cual establece una serie de medidas para 
simplificar los procedimientos aduaneros y mejorar la eficiencia de las importaciones y 
exportaciones.  
 
8. Pregunta:  ¿Cuáles son específicamente las medidas para simplificar lo s 
procedimientos aduaneros y qué requisitos debe cumplir un importador para 
beneficiarse de las mismas?  
 
Answer  
The Road Map on improvement of customs administrations is approved in the Resolution of the 
Government of the Russian Federation from 29  June 2012 No. 1125-r approved ". The goal of this 
roadmap is to facil itate and to speed up customs procedures by providing which  effective 
information technologies  and post -clearance control.  The new approach of risk based -system  is 
made at reducing time of custo ms operation for import or export of goods for low risk traders. The 
procedure and requirement to be met for obtaining this status are stipulated in the Orders of the 
Federal Customs Service from 28  August 2015 No. 1740, from 8  April 2016 No. 706, from 
11 April 2016 Nos.  731, 732, 733.  
 
In order to become a low risk trader candidate A legal entity is to submit an application and 
provide information about its business activity to customs authorities. When examining the 
application form the customs authoriti es check whether the criteria are met. The number of criteria 
to be differ from sector to sector, however there are main criteria are the following:  
- the amount of shared capital;  
- net assets;  
- numbers of employees;  
- the applied  tax system;  
- history a nd volume of foreign trade;  
- absence of tax arrears or unfulfilled obligation to pay customs fees, interest, and penalties.  
 
Among traders with low risk status there are importers of meat and fish, exporters of the good of 
their own production, companies specializing in the industrial assembly of automobiles.  
 WT/TPR/M/345/Add.1  
 
- 205 - 
 
  En el párrafo 3.20 se indica que el artículo 10 del Código Aduanero de la UEE establece que todos 
los actos de la legislación aduanera se publicarán en una publicación oficial a través de la 
televisi ón, radio y otros medios de comunicación, y que la Comisión Económica de Eurasia está 
obligada a proporcionar acceso gratuito a esta legislación.  
 
9. Pregunta:  Se solicita indicar el sitio oficial en donde se publica la legislación en 
esta materia.  
 
Answer  
The acts of customs legislation are published on the official website of the Federal Customs Service  
at: www.customs.ru . 
 
MEDIDAS QUE AFECTAN A LA PRODUCCIÓN Y EL COMERCIO  
 
En el párrafo 3.133, el informe explica que según la legislación rusa, las pequeñas y medianas 
empresas son beneficiarias de los regímenes especiales de impuestos, incluyendo un régimen 
simplificado de impuestos, un régimen de patentes, un régimen impuesto presuntivo, y un 
régimen impuesto agrícola un ificada. Los Contribuyentes que califiquen pueden aplicar 
simultáneamente más de un régimen especial para sus diferentes actividades.  
 
10. Pregunta : ¿Podría explicar Rusia con mayor detalle como las pequeñas y 
medianas empresas pueden ser beneficiarias de dife rentes regímenes 
impositivos? ¿Qué condiciones deben tener los contribuyentes para aplicar 
simultáneamente a más de un régimen especial?  
 
Answer  
At present most tax payers undertake several types of business activities, in respect of which 
different types of tax regimes can be applied. The combination of general tax treatment with tax 
treatment in the form of unified tax on imputed income for certain activities (UTII) or simplified 
tax treatment (STT) with tax treatment in the form of unified tax on imputed  income for certain 
activities (UTII) is the most used type of taxation.  
 
In accordance with Article 346. 12 of the Tax Code of the Russian Federation (Tax Code) 
organizations and individual entrepreneurs which have transferred to tax treatment in the for m of 
unified tax on imputed income for certain activities (UTII) in respect of one or several types of 
business activities have a right to apply a simplified taxation system in respect of other business 
activities undertaken by such organizations and indiv idual entrepreneurs  
 
The Tax Code of the Russian Federation currently contains provisions on special tax treatments in 
respect of SMEs and individual entre preneurs that are the following :  
  tax treatment for agricultural producers (unified agri cultural tax , UAT) – Chapter 26.1 of 
the Code;  
  simplified tax treatment (STT) – Chapter 26.2 of the Code;  
  tax treatment in the form of unified tax on imputed income f or certain activities (UTII) – 
Chapter 26.3 of the Code;  
  patent tax treatment (PTT)  – Chapter 26.5 of the Code.  
 
Taxpayers are free to choose any of the aforementioned tax treatments if they abide by limitations 
established by tax legislation in respect to each tax treatment.  
 
UAT may be applied by organizations  and individual entrepreneurs, which are e ngaged in 
agricultural production and which receive at least 70% of their aggregate revenue from  sale of 
agricultural produce (A rticle 346.2 of the Tax Code).  
 
Transition to UAT is a notification procedure. Entities, which wish to apply this treatment, mus t 
notify the local tax office in the place where they reside ( Article 346.3 of the Tax Code).  
 
STT is the most popular tax treatment used by SMEs. Organizations  and individual entrepreneurs, 
which wish to apply the STT in accordance with ru les set out by C hapter 26.2 of the Tax Code, 
must notify the local tax office in the place where they reside ( Articles 346.12 and 346.13 of the 
Tax Code).  
 WT/TPR/M/345/Add.1  
 
- 206 - 
 
  The following criteria must be met in order to apply STT:  
  aggregate revenue in a calendar year doe s not exceed Rub 60 mil (from 1 January 2017 – 
Rub 120 mil ) (paragraphs 4 and 4.1 of A rticle 346.13 of the Tax Code);  
  average staff strength does not exceed 100 people (subp aragraph 15 of paragraphs 3 of 
Article 346.12 of the Tax Code);  
  total value of depreciable assets does not exceed Rub 100 mil (from 1 January 2017 – 
Rub 150 mil) (subparagraph 16 of paragraphs 3 of Article 346.12 of the Tax Code).  
 
While UAT and STT are applied in respect to a taxpayer as a whole (to all business activities at the 
same time), UTII and PTT are applied to separate taxpayers' business activities.  
 
Activities eligible for UTII are established by municipal legislation by selecting them from the list 
set out by paragraph 2 of A rticle 346.26 of the Tax Code.  
 
To make a transition to UTII the t axpayer must submit an application for registration as UTII payer 
to the local tax office in the place where they reside. Eligible activities include: retail delivery, 
placement of advertisement on vehicles, passenger and cargo transportation with motor ve hicles.  
 
The PTT is established by the Tax Code, is put into force by regional legislation and applies to the 
corresponding regions (constituent entities).  
 
PTT may only apply to individual entrepreneurs who made the transition to PTT in accord ance with 
Chapter 26.5 of the tax Code. A patent certifies the right to apply PTT to a certain type of business 
activity, which is eligible for PTT in accordance with legislation  of the region (paragraph 1 of 
Article  346.45 of the Tax Code).  
 
In order to receive a pa tent the individual entrepreneur submits a dedicated application to the 
local tax office in the place where they reside. If an entrepreneur wishes to exercise patent 
activities in a different region, they submit the application to any local tax office of t he regi on in 
question (paragraph 2 of A rticle 346.45 of the Tax Code).  
 
Registration of individual entrepreneurs as PTT users and issue of patents is exercised by the same 
local tax office, to which the application was submitted (paragraph 1 of Article 346 .46 of the Tax 
Code).  
 
Patents are issued in respect to 63 types of business activity,  established by paragraph 2 of 
Article  346.43 of the Code.  
 
Taxpayers are entitled to apply several special tax treatments at the same time, provided they 
abide by terms and limitations in respect to those treatments as established by the Tax Code.  
 
For instance, the taxpayer who made a transition to UAT or STT is entitled to apply UTII to one or 
more of his busin ess activities (paragraph 7 of A rticle 346.2 and paragraph 4  of Article 346.12 of 
the Tax Code).  
 
Individual entrepreneurs are also allowed to apply UAT or STT simultaneously with PTT.  
Taking into account that UAT and STT are applied to the taxpayer as a whole these two treatments 
cannot be combined.  
 
En el párrafo  3.135, el informe menciona que aunque la mayoría de las regiones han establecido 
un proceso de aprobación previa para la concesión de incentivos fiscales, algunos han optado por 
basarse en la autoevaluación de los contribuyentes.  
 
11. Pregunta : ¿Podría explic ar Rusia como es el proceso de autoevaluación de los 
contribuyentes?  
 
Answer  
In accordance with the Tax Code of the Russian Federation regional executive authorities may 
establish a peculiarities of tax base determination, tax incentives, grounds and proce dures for their 
application. For example, regional executive authorities may conduct an assessment of social and 
economic effectiveness of granted or planned tax incentives.  
 WT/TPR/M/345/Add.1  
 
- 207 - 
 
  En el párrafo 3.139, se explica que las concesiones fiscales también están dispon ibles para los 
residentes de zonas económicas especiales, zonas de desarrollo territorial, y la zona de desarrollo 
avanzado, el Centro de Innovación de Skolkovo, y el Puerto Libre de Vladivostok.  
 
12. Pregunta : ¿Podría explicar Rusia a que concesiones fiscales  se refiere?  
 
Answer  
The detailed information on the Special Economic Zones and other regional schemes as well as on 
provided tax incentiveness is available in the Report of the Secretariat in para. 3.147 – 3.150 and 
Table 3.28 (page 84 -85 of the Report).  
 
En el párrafo 3.143, se menciona que en virtud de la Ley, el apoyo concedido a entidades 
industria les por el gobierno federal y/ o las autoridades sub -federales, puede estar sujeto a 
condiciones, incluyendo: indicadores de rendimiento; y multas equivalente s a la subvención se 
pueden aplicar si no se cumplen los indicadores de rendimiento.  
 
13. Pregunta : ¿Podría Rusia explicar con mayor detalle como son los indicadores de 
rendimiento mencionados y qué tipo de multas se aplican si estos no se cumplen?  
 
Answer  
The Federal Law No . 488-FZ of 31 December 2014 itself does not establish any performance 
indicators.  
 
The performance indicators the entities need to meet are set in accordance with each Resolution of 
the Government of the Russian Federation that regulates t he provision of the subsidy. Different 
performance indicators are set for each sector of economy.  
 
As for the fines that can be applied if these performance indicators are not met, they are also 
established in accordance with such Resolutions of the Gover nment of the Russian Federation.  
 
En el párrafo 3.144, el informe explica que en virtud de la Ley No. 488-FZ fondos de desarrollo 
industrial podrán proporcionar ayuda financiera en diversas formas, incluyendo préstamos, 
donaciones, aportes de capital, arre ndamiento financiero, etc. Por otra parte, las autoridades 
federales y sub -federales pueden proporcionar apoyo a las empresas industriales que exportan 
productos fabricados localmente.  
 
14. Pregunta : ¿Podría Rusia explicar qué tipo de apoyo pueden proporcionar  las 
autoridades federales y sub -federales?  
 
Answer  
Industrial entities are provided with financial support, information and advice, support of their 
ongoing scientific, technical and innovative activities in the industrial sphere, human resource 
developme nt support, support of their external economic activity, granting of national and 
municipal preferences, other promotion measures set forth hereunder or established by other 
Federal laws and regulations of the President of the Russian Federation, acts of G overnment of the 
Russian Federation, laws of subjects of the Russian Federation and municipal charters.  
 
PROPIEDAD INTELECTUAL  
 
15. Pregunta : ¿Cuáles son las modificac iones puntuales que inserta la N orma 35 -FZ 
en materia de propiedad intelectual ? 
 
Answer  
Part of the law has come into force on 12 March 2014, major amendments have come into force 
on 1 October 2014, several provisions have come into force in 2015. Changes were made in 
numerous articles of the Civil Code related to acquisition of intellectual prop erty rights as well as 
its enforcement.  
 
Disposal of the exclusive right  
All the articles concerning the procedures of rights disposal were amended. From the 1st October 
2014 state registration is provided for the alienation of the exclusive right under th e contract, the WT/TPR/M/345/Add.1  
 
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  pledge of this right, as well as granting the right to use the results of intellectual activity or means 
of individualization under the contract.  
 
Patents and enforcement  
It should be noted that there are general changes for all objects of patent law. In order to 
reinforce the liability of infringers the new Article 1406.1 was introduced to the Civil Code. This 
Article has come into force since 1st January 2015. The provisions of this Article shall grant a right 
to the author or other right holder in cases of infringement of the exclusive right to an invention, 
utility model or industrial design along with the use of other applicable methods of protection and 
measures to liability establis hed by the Civil Code (Articles  1250, 1252, 1253), to require the 
payment of compensation from the infringer instead of reimbursement of injury. Methods for 
determining such compensation established by this Article. There is possibility of challenging the 
patent issued on the subject of patent rights upon the  date of its expiration. The rights of patent 
holders are expanded in case of challenging the patent on the invention.  
 
Utility models  
Changes concerning utility models, related to the rejection of the existing simplified procedure of 
granting of legal pro tection of utility models and the transition to a testing examination.  
 
Industrial d esigns  
The requirements for state registration of industrial designs were changed. In particular the 
requirement to provide the verbal list of dominant features of industri al design when submitting 
the application is excluded. Consequently the verbal characteristics of dominant features are 
excluded when the novelty of industrial design is examined. It establishes a new procedure for the 
extension of the term of patent for a n industrial design while maintaining the overall validity of the 
patent in twenty -five years (Article 1363 of the Civil Code). In accordance with the changes the 
extension will be carried out every five years.  
 
Inventions  
As for the inventions a number of  changes are introduced in order to protect the interests of 
investors and other parties interested in the use the invention. There is a new procedure for the 
extension of the exclusive right to an invention relating to a drug, pesticide or agrochemical, t he 
use of which is required to obtain the permit in accordance with the law. The proposed amendment 
allows to avoid unnecessary prolongation of patents for inventions, the use of which does not 
require a permit.  
 
Brand n ame 
Preexisting provisions are suppl emented by direct reference to such method of use of company 
name or commercial designation by organizations, as the placement in the Internet.  
 
Trademarks and service marks  
Changes concerning the legal protection of trademarks mainly amended Article 1483 of the Civil 
Code, which establishes the grounds for refusal of state registration of a trademark. They aim to 
clarify the requirements for the declared designation in parts of so -called absolute grounds for 
refusal, and to prevent consumers misleading.  
 
Appellation of origin  
In order to improve the legal protection of appellations of origin the public authorities will control 
the maintenance of the special characteristics of goods in respect of which the appellation of origin 
is registered.  
 
Copyright and related rights  
Article 1286.1 of the Civil Code "Open license to use the works of science, literature or art" 
introduces the regulation of the use of open licenses, similar to licenses "Creative Commons".  
 
Article 1229 of the Civil Code "Exclusive right" i s supplemented by the possibility of conclusion of 
an agreement between owners who jointly own the exclusive rights to results of intellectual 
activity or means of individualization, in which they can determine the procedure for the disposal 
of exclusive r ight to such result or means of individualization.  
 
In order to facilitate the perception of the work by persons with disabilities the Article 1274 of the 
Civil Code supplemented the list of actions that can be performed without the owner's consent and WT/TPR/M/345/Add.1  
 
- 209 - 
 
  without payment of remuneration by audio description and ability to add the work by sign 
language translation.  
 
Paragraph 5 of Article 1233 of the Civil Code has come into force since 1 January 2015. The new 
wording allows the right holder to make a statement  about the gratuitous use of the works of 
science, literature or art or object of related rights belonging to him subject to certain conditions 
and for a period specified by him.  
 
The Russian Federation would like to note that the main changes introduced  to the Civil Code by 
35-FZ had been presented by the Russian Federation at the Counc il for TRIPS meeting in 
October  2014 and then had been distributed by WTO Secretariat as a part of the meeting  minutes 
by document IP/C/M/77/Add.1.  
 
El párrafo 3.207 se ref iere a la Chamber of Patent Disputes  (CPD) que conserva ciertas 
autoridades de revisión de decisiones adoptadas en relación con la negativa, concesión o anulación 
de los derechos de patentes, marcas y denominaciones de origen, las que entran en vigor una v ez 
que es confirmada por la decisión sobre las actuaciones del CPD entra en vigor una vez que se 
confirma por la " Rospatent ". 
 
16. Pregunta : Se solicita indicar cuáles son los plazos y requisitos que se contemplan 
para la confirmación. ¿Es revisable administra tiva o judicialmente?  
 
Answer   
The procedure for review of Rospatent's decisions is set out by the Rules of filing of objections and 
applications and their review by the Chamber of Patent Disputes. Based on the results of the 
review of objections, the Cham ber of Patent Disputes prepares an opinion that is further forwarded 
to Rospatent for final decision. In practice, the time frame for the decision to be taken by 
Rospatent constitutes 2 months from the date of the session of the Board of the Chamber of 
Patent Disputes on which the resolution part of the decision was announced. Rospatent's decisions 
that has been taken based on review of respective objections by way of using administrative 
proceedings cannot be challenged by way of administrative proceedings . Such decisions may be 
challenged by way of judicial proceedings before the Intellectual Property Court.  
 
El párrafo 3.211 se refiere a la consideración de establecer un órgano "mega -regulador" en 
materia de propiedad intelectual basado en la Respatent rusa, con dotación de poderes adicionales 
y la facultad de implementar política de autor bajo supervisión del gobierno central.  
 
17. Pregunta : Se solicita indicar si este nuevo órgano comprenderá funciones de 
poder de policía en la materia así como también explic ar qué poderes adicionales 
administrativos, judiciales y legislativos poseerá.  
 
Answer  
The main competences in the field of intellectual property are divided among several authorities 
(Ministry of education and science, Ministry of Culture, Ministry of ec onomic development, etc.). In 
order to increase the efficiency of the state politics in the sphere of intellectual property a 
proposition was formed to concentrate the respective competences within the framework of a 
single authority by creating on the bas is of Rospatent a single regulatory organ in the field of 
intellectual property. In particular, it is planned to transfer to Rospatent the competence for 
development and implementation of the state policy and for legal and normative regulation in the 
field of intellectual property, including in the sphere of copyright and related rights. It is also 
planned to give Rospatent the competences on state support of creation and legal protection of IP 
rights objects, which would allow Rospatent to exercise regulat ory and coordination functions of all 
stages of the cycle of life of the IP rights objects (on the stage of creation, protection and use). In 
addition to that, it is planned to transfer to Rospatent the competences on improving geopolitics 
and legal and no rmative regulation in the field of IP, as well as on formation on the basis of 
Rospatent of a system for encouraging commercialization of results of intellectual activity. The new 
regulator will not be in charge of enforcement measures.  
 
En materia de dere chos de autor y derechos conexos, la protección no está sujeta a ninguna 
formalidad de registro y la misma se extiende por el tiempo de vida del autor y setenta años 
después de su muerte, con posibilidad de extenderlo por veinte años. En relación al " copyr ight WT/TPR/M/345/Add.1  
 
- 210 - 
 
  exhaustion ", la Federación Rusa dispone que el propietario del copyright agote sus derechos con la 
primera venta u otra enajenación del trabajo realizada con su autorización.  
 
18. Pregunta : Se solicita explicar el alcance de la expresión " copyright exhaus tion" .  
 
Answer  
The principle of exhaustion of the exclusive rights means that the material medium, where 
intellectual property rights object is expressed, may freely circulate in particular through processes 
of purchase and sale, exchange, or donation wi thout the consent of the owner of the exclusive 
rights to the object and without payment of relevant remuneration.  
 
Article 1272 of the Civil Code contains a provision, based on the principle of "exhaustion of rights" 
with respect to any distribution of th e original or copies of published works, according to which if 
the original or copies of the work have been legitimately put into circulation in the territory of the 
Russian Federation through sale or other form of disposition, any further circulation of t he original 
or copies of a work may be allowed without the owner's consent and without paying remuneration, 
except for the case of "resale royalty right".  
 
A similar provision is stipulated by Article 1325 of the Civil Code regarding such method of sound 
track use as distribution of the original or copies of the published sound track. It means that if the 
original or copies of a sound track have been already legally put into circulation in the territory of 
the Russian Federation through their sale or other disposition, their further distribution is carried 
out without the owner's consent and without paying remuneration to the owner. It means that the 
legally purchased sound track (e.g., a CD with the recording of the phonogram) can then be freely 
given away as a gift, traded, etc.  
 
En el párrafo 3.245 se refiere a los requisitos fundamentales para que una invención goce de 
protección: 1) novedad; 2) actividad inventiva; 3) aplicabilidad industrial; y 4) suficiencia de la 
divulgación. En el examen se describe cada una de ellas, sin embargo, indica que no resulta clara 
la idea de una "insuficiencia de la divulgación", más allá de que puede constituir un motivo de 
rechazo de una solicitud de patente o su invalidación una vez concedida.  
 
19. Pregunta : ¿Cuáles son las causales de una "insuficiencia de divulgación" y que 
requisitos deben cumplirse para no incurrir en ella?  
 
Answer   
In accordance  with the legislation  of the Russian  Federation,  the invention  is provided  for legal 
protection  if such invention  is novel,  industrially  applicable  and involves  an inventive  step 
(patentability  criteria)  and if the essence  of applied  invention  is disclosed  in the application  
materials  in such an exhaustive  manner  which  is sufficient  for its implementation  by a specialist  in 
the related technical  field (requirement  of sufficient  disclosure).  The essence  of the invention  
under  the laws of the Russian  Federation  is understood  as the ensemble  of existing  features  of the 
invention  that, during  the implementation,  would  be sufficient  to achieve  the technical  result  
stated  by the applicant.  
 
The requirement  of sufficient  disclosure  of the invention  in the application  covers  the description,  
claim  and graphic  representation  (if any) submitted  at the date of filing of patent  application.  In 
addition,  (a) the description  shall disclose  the essence  of the invention  in such an exhaustive  
manner  which  is sufficient  for its implementation  by a specialist  in the related  technical  field; (b) 
the claim  shall clearly  convey  the essence  of the invention  and be based  entirely  on the 
description.  In the framework  of the applicable  legislation,  the graphic  representation  is referred  to 
materials  required  for understanding  the essence  of the invention.  
 
The rules regarding  the preparation  of the said documen ts, which  are set out by the Administrative  
regulations  on inventions,  are targeted  at disclosure  of the invention  in the application  in such an 
exhaustive  manner  which  is sufficient  for understanding  by a specialist  in the related  technical  field 
of the essence  of the invention  and possibilities  of its implementation.   
 
In particular,  the description  shall contain  the ensemble  of essential  properties  of the invention,  
including  its destination,  information  on the technical  result  that is achieved  in case of its 
application  or in case of implementation  of the invention,  as well as information  on the 
mechanisms  and methods  required  for implementation  of the invention  as it is set out in the WT/TPR/M/345/Add.1  
 
- 211 - 
 
  claims,  or data on the source  of information  where  such mechanisms  were previously  disclosed  – 
before  the priority  date of the invention,  and examples  of implementation  of the invention.  If the 
ensemble  of the essential  features  includes  any general  concepts,  the description  shall contain  
examples  of existing  variations  of the invention  with particular  forms  of implementation  of such 
feature.  
 
Failure  to respect  the requirement  of "sufficient  disclosure"  of the invention  in the application  
documents  results  in refusal  to grant  legal protection  to the invention  (Article  1387 of the Civil 
Code of the Russian  Federation)  or in acknowledgment  of an already  issued  patent  is invalid  
(Article  1391 of the Civil Code of the Russian  Federation).  
 
SERVICIOS  
 
En los párrafos 4.118 a 4.121 se indica que el Banco Central de Rusia tiene la autoridad 
discrecional para tomar ciertas medidas para limitar temporalmente las inversiones extranjeras".  
 
20. Pregunta : ¿Qué se entiende por "ciertas medidas"?¿Existen plazos máximos de 
tiempos para los límites temporales en dichas medidas?  
 
Answer  
The "certain measures"  refer to the restrictive  measures  which  may be taken  regarding  the 
insurance  companies  in case the ratio (quota)  of the participation  of foreign  capital  in the total 
charter  capital  of insurance  organizations  exceeds  50%. The closed  list of such measures  is listed  
in the paragraph  1393 of the Report  of the Working  Party on the Accession  of the Russian  
Federation  to the World  Trade  Organization:  
  stop issuing  the licensing  for the insurance  organizations  to being  subsidiaries  to foreign  
invest ors (the basic organizations)  or having  the share  of foreign  investors  in its charter  
capital  more than 49%; 
  there  is a deny in prior authorization  (for the increase  of amount  of its charter  capital  at 
the expense  of funds  of foreign  investors  and (or) their subsidiaries  for the alienation  in 
favour  of foreign  investors  (including  for the sale to foreign  investors)  of their stocks  
(shares  in the charter  capital),  to insurance  companies  that are subsidiaries  relating  to 
foreign  investors  (the basic organiza tions)  or having  a share  of foreign  investors  in its 
charter  capital  more than 49% or becoming  those  as a result  of these  transactions . 
 
En materia de seguros, el párrafo 4133 refiere a la exigencia legal para la transferencia de 
acciones de compañías de s eguros rusas a inversores extranjeros y filiales, exigiendo la 
autorización previa de la autoridad de control de seguros".  
 
21. Pregunta : ¿Existen límites para el porcentaje del paquete accionario? ¿qué 
requisitos deben cumplir los inversores extranjeros y sus  filiales para contar con 
la autorización de la autoridad competente?  
 
Answer  
The Law of the Russian  Federation  of 27 November  1992 No. 4015-1 "On Organization  of 
Insurance  Activity  in the Russian  Federation"  does not stipulate  the limit on the equity  
participation  of a foreign  investor  in the charter  capital  of a particular  insurance  organization.  This 
is a general  rule that has, nevertheless,  certain  exclusions.  
 
At the same  time, insurance  organizations  that are subsidiaries  to foreign  investors  (the basic 
organizations)  or having  the share  of foreign  investors  in its charter  capital  of more than 49% 
cannot  carry out life insurance,  health  insurance  and the insurance  of property  of citizens  in the 
Russian  Federation  at the expense  of funds  directed  for these purposes  from the corresponding  
budget  to the Federal  executive  authority  (the insurers),  the insurance  connected  with the 
procurement  of goods,  works,  services  for state and municipal  needs,  as well as the insurance  of 
property  interests  of state and municipal  organizations.  
 
Insurance  organizations  which  are subsidiaries  to foreign  investors  (the basic organizations)  or 
having  a share  of foreign  investors  in their charter  capital  of more than 51%, may not carry out 
the above -mentioned  types  of insura nce in the Russian  Federation  as well as the insurance  of 
objects  of personal  insurance,  and the property  interests  related  to the survival  of citizens  to a 
certain  age or a period  or the occurrence  of certain  events  in the lives of citizens,  as well as to WT/TPR/M/345/Add.1  
 
- 212 - 
 
  their death  (life insurance),  and the mandatory  insurance  of civil liability  of vehicle  owners.  This 
restriction  applies  until 22 August  2017.   
 
In accordance  with the Order  of the Bank of Russia  of 22 September  2014 No. 3386-U "On the 
procedure  for the ratio (quota)  calculation  of participation  of foreign  capital  in the charter  capitals  
of insurance  organizations  and in the lists of documents  required  to obtain  the permission  of the 
Bank of Russia  on the alienation  of stocks  (shares  in the charter  capital ) of insurance  companies  in 
favour  of foreign  investors  and (or) their subsidiaries"  in order  to obtain  the permission  to increase  
the amount  of the charter  capital  at the expense  of funds  of foreign  investors,  to alienate  its stocks  
(shares  in the charter  capital)  (including  sale) in favour  of the foreign  investor,  the insurance  
company  produces  to the Bank of Russia  the application  for the preliminary  permit.  The following  
documents  shall be attached  to the application:  
  the copies  of constituent  document s of a legal person - a foreign  investor,  stipulated  by the 
legislation  of the country  of registration  of such legal person  - the foreign  investor;   
  a copy of the document  (or an extract  therefrom)  confirming  the registration  of a legal 
person  - a foreign  investor;  a copy of the document  confirming  the citizenship  (nationality)  
of the corresponding  state,  the address  of permanent  residency  of a foreign  natural  
person;   
  the written  consent  of the relevant  supervisory  authority  of the country  of registration  of a 
legal person  -a foreign  investor  in the charter  capital  of an insurance  organization  in the 
territory  of the Russian  Federation  or the conclusion  of the control  authority  on the 
absence  of the need to obtain  such consent  if such order  is envisaged  in accordance  with 
the legislation  of the country  of registration  of the legal person  - foreign  investor.  In case 
of the absence  of the conclusion  by the relevant  supervisory  authority  of the country  of 
registration  of the legal person  - foreign  investor,  then it is the conclusion  by the person  
entitled  to provide  the legal services  in the territory  of the country  of registration  of this 
legal person  or on the absence  in accordance  with the legislation  of the country  of 
registration  of the legal person  necess ary to obtain  such consent;   
  the accounting  (financial)  reports  of a legal person  -foreign  investor  drawn  up in 
accordance  with the standards  prescribed  by the personal  law of the legal person - foreign  
investor,  for the last reporting  period  with the applied audit report  (if any);   
  the copy of the license  (a special  permit)  of the country  of registration  of the legal person  - 
the foreign  investor  and the accounting  (financial)  report  of the legal person  -the foreign  
investor  drawn  up in accordance  with the standards  prescribed  by the personal  law of the 
legal person  -a foreign  investor,  over the last five years  of its activities  confirming  that the 
legal person  -a foreign  investor  is an insurance  organization  carrying  out its activity  in 
accordance  with the legislation  of the country  where  it is registered;  
  the preliminary  approval  of the antimonopoly  body of the transaction  or the document  
confirming  the absence  of the need for the obtaining  of such approval  in accordance  with 
the current  legislation  of the Russian  Federation;   
  the information  on the composition  of shareholders  (participants)  of the insurance  
organization.  If a shareholder  (participant)  of the insurance  company  is the legal person,  
the information  is provided  for each of such legal person  until the natural  persons  are not 
be shown  by the final shareholders  (participants).;  the data on shareholders  (participants)  
of the foreign  investor.  If the shareholder  (participant)  of the foreign  investor  is the legal 
person,  the information  is provide d for each of such legal entity  until the natural  persons  
are not be shown  by the final shareholders  (participants).  
 
En materia de telecomunicaciones y servicios postales, los párrafos 4138 y 4139 indican que la 
regulación local sufrió modificaciones en 2 014 a fin de poder brindar servicios en zonas remotas y 
de difícil acceso, incluyendo internet mediante fibra óptica cumpliendo condiciones técnicas y que 
se encuentra a cargo del operador "dominante", que no renunciar a su responsabilidad por la 
prestació n de servicios universales y que actualmente es Rostelecom.  
 
22. Pregunta : ¿Qué se entiende por operador "dominante" y como se realiza su 
calificación? ¿La responsabilidad del operador dominante es en todo el  territorio 
de la Federación de Rusia o excluye alg una región? ¿Puede presentase una 
situación  con más de un operador dominante? ¿Existen tiempos mínimos y 
máximos para revestir tal calidad?  
 WT/TPR/M/345/Add.1  
 
- 213 - 
 
  Answer   
Operator  (with affiliated  companies)  that controls  not less than 25% of installed  capacity  or has a 
possibi lity to pass not less than 25% of traffic  in the geographic  number -plan area or in the whole  
territory  of the Russian  Federation.  There  are several  such operators  at the moment.  Rostelecom  
is charged  with a duty to provide  universal  service  by the act of the Russian  Government  No 437-p 
dated  26 April 2014.   
 
¿Qué se entiende por operador "dominante" y como se realiza su calificación? ¿La 
responsabilidad del operador dominante es en todo el  territorio de la Federación de 
Rusia o excluye alguna región?  
 
Unive rsal service  is provided  in the whole  territory  of the Russian  Federation.  
 
¿Puede presentase una situación  con más de un operador dominante?  
 
Yes, selection  of the operator  for the provision  of the universal  service  is made  by the act of the 
Russian  Gover nment.   
 
¿Existen tiempos mínimos y máximos para revestir tal calidad?  
 
No, there  are no criteria  for tenure.  
 WT/TPR/M/345/Add.1  
 
- 214 - 
 
  15  QUESTIONS FROM UKRAI NE 
Report by the Secretariat (WT/TPR/S/345)  
 
1 ECONOMIC ENVIRONMENT  
1.3 Trade and Investment Performance  
1.3.1 Trade in good s and services  
 
Paragraph 1.24, Page 20  
According to the Report, the Ukraine's share in the Russian Federation's total merchandise imports 
decreased from 5.7 % in 2012 to 3.1% in 2015 (Chart 1.3 and Table A1.4).  
 
Ukraine 's questions  
Could the Russian Feder ation specify the reasons of such decline and subsequently 
elaborate on the future steps of simplifying the current import regime for Ukrainian 
merchandise trade so as to restore the previous flow of goods and if so, how? In 
particular, is the Government o f the Russian Federation planning on lifting trade 
prohibitions, restrictions and discriminatory measures implemented against Ukrainian 
exporters in the recent years?  
 
Answer  
The factors contributing to the decline in mutual trade between the Russian Feder ation and the 
Ukraine were, and still are to a large extent related to the trade restrictive measures introduced in 
respect of goods, services and companies, as well as to the conclusion and the process of 
implementation of an FTA between Ukraine and the E U and parallel suspension by the Ukrainian 
side of arrangements relevant for trade between Russia and Ukraine. Negative trends in economic 
situation in our two countries also contributed to that decline.  
 
The Russian Federation supports the recovery of tra de relations between Ukraine and Russia and 
believes that this will be possible, as soon as bilateral relationship between two countries are 
normalized.  
 
1.3.2 Foreign direct investment  
 
Paragraph 1.27, Pages 22 - 23 
The Report states that "When investing in the Russian Federation, the key concerns of foreign 
investors include corruption, transparency, rule of law, tax rates and complexity of tax regulations, 
access to financing, and respect for property rights (Section 2.6). To address these challenges, 
various measures have been implemented, including adopting the National Anti -Corruption Action 
Plan, amending the Criminal Code and the Code on Administrative Violations, and ratifying the 
OECD Anti -Bribery Convention, banning bribes to foreign officials. Mo reover, several measures 
have recently been taken by the Russian authorities to attract larger FDI inflows and improve the 
business climate …".  
 
Ukraine's question  
Could the Russian Federation provide more detailed information on the measures that 
have rec ently been undertaken by the Russian authorities to address the mentioned 
concerns (corruption, lack of transparency etc.), in order to attract larger FDI inflows 
and improve the business climate?  
 
Answer  
The matter of corruption is being addressed in the  Russian legislation. The main law adopted in the 
Russian Federation and aimed at the counteraction of corruption is the Federal Law No. 273 -FZ as 
of 25 December  2008 "On Counteraction of Corruption" according to which natural and juridical 
persons hold re sponsibility for corruption offences prescribed by law. The examples of the main 
measures to prevent corruption are the following:  
1)  formation of public intolerance to the corruptive behavior;  
2)  anti-corruption expertise of legal acts and their drafts;  
3)  presentation of qualification requirements to citizens applying to state or municipal posts 
and posts of the state or municipal service as well as verification of the information 
provided by these citizens.  
 WT/TPR/M/345/Add.1  
 
- 215 - 
 
  National anti -corruption plan for 2016 – 2017 has be en approved by the Decree of the President of 
the Russian Federation as of 1 April 2016 No. 147.  
 
With the purpose to increase the level of transparency the Rules of disclosure by federal executive 
authorities of information on elaboration of draft normati ve legal acts and the results of their 
public discussion were adopted by the Decree of the Government of the Russian Federation of as 
25 August 2012 No. 851.  
 
In accordance with paragraph 3 of the Rules, the federal executive authority carrying out functio ns 
of elaboration of state policy and legal regulation in the established field of activities or the federal 
executive authority assigned with the elaboration of a draft normative legal act places the 
following information on the official website of the te lecommunications network "the Internet" 
designed for publication of information in respect of the elaboration by federal executive 
authorities of draft normative legal acts and the results of their public discussion:  
a)  notification in respect of elaboration  of draft normative legal act;  
b)  draft normative legal act;  
c)  information on the time limits of public discussion of the notification and (or) draft 
normative legal act;  
d)  information on the results of the public discussion of the notification and (or) draft 
normative legal act;  
e)  information on the examination results of the draft normative legal act.  
 
With the purpose to assist Russia in creating and promoting a favorable investment climate based 
on global expertise and the experience of international compani es operating in Russia the Foreign 
Investment Advisory Council was established in 1994.  
 
FIAC functions on the basis of direct dialogue between the chief executives of investor companies 
and the Russian government, with a focus on the crucial aspects of f ostering a healthy investment 
climate.  
 
The C ouncil is chaired by the Russian Prime Minister and includes 54 international companies and 
banks. Throughout the year FIAC focuses its efforts on major Russian economic and industry 
sectors covered by relevant  working groups including, in particular, technical regulations and 
elimination of administrative barriers, improvement of tax legislation, improvement of customs 
legislation, financial institutions and capital markets, trade and consumer sector, energy ef ficiency, 
innovation development.  
 
The working groups are composed of FIAC member company officials and the heads of the 
ministries and agencies concerned. They hold regular meetings during the year, the main goal of 
which is to develop specific actions a nd recommendations on the key issues of the Russian 
economy.  
 
FIAC holds annual sessions with the government to discuss priorities in investment policy, analyze 
possible amendments for the resolution of current issues and identify measures for coordinated  
improvement of the investment environment, considering the interests of all parties involved.  
 
In December 2009 the Chairman of FIAC, Russian Prime Minister proposed and the Council 
adopted new tasks and principles of FIAC to meet the challenge of conver ting the Russian 
economy to innovation -based development.  
 
For this purpose, FIAC's activities have been regulated by Decree No. 1141 of the Government of 
the Russian Federation of 9 December 2009. Thus FIAC started working in a new format, with two 
main work streams:  
• assistance in resolving specific issues encountered by foreign investors in their 
relations with federal executive bodies and executive bodies of constituent entities 
of the Russian Federation;  
• expert support of priorities in work of the go vernment, including the regulatory and 
legal framework.  
 
FIAC's membership is continuously updated. Members are rotated in accordance with the 
"Regulation on FIAC Member Rotation ", which establishes the principles of FIAC membership and 
the procedure for accepting and removing members.  WT/TPR/M/345/Add.1  
 
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  To become the member of FIAC the investor must send the appeal to the Ministry of economic 
development of the Russian Federation. The appeal will be considered on the rotation commission 
which is held one time a year.  
 
2 TRA DE AND INVESTMENT REGIME  
2.4 Trade Agreements and Arrangements  
2.4.2 Regional trade agreements  
2.4.2.1 Eurasian Economic Union (EAEU)  
 
Paragraph 2.27, Page 32  
The Report mentions that "In early 2012, the Eurasian Economic Commission (EEC) replaced the 
CU Commission as the supranational regulatory body responsible for implementing external trade 
policy and regulation for its member States. The next significant step in the evolution of this 
customs union was the entry into force of the Treaty on the Establis hment of the Eurasian 
Economic Union (EAEU) on 1 January 2015, and, as a result, the EAEU became the successor to 
the EAEC."  
 
Ukraine's questions  
Taking into account that enacting Presidential Decree No. 1 and Government Resolution No. 1 of 
2016 (in force as of 1 January 2016), together with Presidential Decree No. 319 of 1 July 2016, 
the Russian Federation introduced measures that restrict traffic in transit from the territory of 
Ukraine through the territory of the Russian Federation to the third countrie s, Member States of 
the EAEU:  
1. Could the Russian Federation clarify what normative acts regulate such unilateral 
adoption of the acts by one Member of the EAEU that influence another Member States 
of the EAEU?  
2. What normative acts lay out the procedur e by which one Member State of the EAEU 
can adopt an act that affects other Member States?  
 
Answer  
The Presidential Decree No. 1 and Government Resolution No. 1 of 2016, together with 
Presidential Decree No. 319 of 1 July 2016 fall within the scope of the Request for Consultations as 
of 14 September 2016 made by Ukraine. Annex 3 of the Marrakesh agreement on trade policy 
review mechanism states, that this mechanism is not, however, intended to serve as a basis…for 
dispute settlement procedures or to impose new policy commitments on Members". For these 
reasons, we do not consider discussion of these issues within the scope of trade policy review of 
the Russian Federation to be appropriate.  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affec ting Imports  
3.1.1 Customs procedures and requirements  
 
Paragraph 3.6, Page 41  
The Report mentions that "The Russian Federation's Presidential Decree No. 1 and Government 
Resolution No. 1 of January 2016 ban all international transit of cargo by road and r ail from 
Ukraine to Kazakhstan through the territory of the Russian Federation".  
 
Ukraine's questions  
Ukraine would like to express its concern about the transit restriction measure described in 
Paragraph 3.6 of the Secretariat's report. Further it would l ike to note that on 1 July 2016 the 
Russian Federation introduced additional restrictive measures against the transit of Ukrainian 
goods through its territory. In particular the Russian Federation bans all international transit of 
cargo from Ukraine not on ly to Kazakhstan but also to Kyrgyz Republic through the territory of the 
Russian Federation.  
1. Ukraine kindly requests that the Russian Federation provide an appropriate WTO 
justification for the introduction of these measures considering Russia's WTO 
membership, GATT provisions on transit, and the core WTO principle of trade 
liberalization.  
2. Further, please explain whether the Russian Federation plans to eliminate the above -
mentioned restrictive transit measures of goods and the timeframe for the eli mination of 
the measures.  
 WT/TPR/M/345/Add.1  
 
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  Answer  
Annex 3 of the Marrakesh agreement on trade policy review mechanism states, that this 
mechanism "is not, however, intended to serve as a basis…for dispute settlement procedures, or to 
impose new policy commitments on Member s". Taking into account request of Ukraine under DSU 
for consultations on this matter, we do consider discussion of the issue within the review process 
as not appropriate.  
 
Paragraph 3.7, Page 41  
The Report states that "According to the authorities, under Article 196 of the Customs Code, goods 
are normally released by the end of the business day following the import declaration. In a small 
number of cases (less than 1% of declarations) the FCS may refuse to register the customs 
declaration, which effectivel y means the goods are not released (e.g. for non -payment of duties). 
In cases where a preliminary declaration has been made, the importer has 30 days in which to 
present the goods and make a final declaration."  
 
Ukraine's question  
Could the Russian Federat ion provide in detail information on the grounds for the refusal 
to register the customs declaration, which results the goods are not released?  
 
Answer  
According to Article 190 of CU Customs Code the customs body shall refuse to register the 
customs declar ation based on the following grounds:  
1)  the customs declaration is submitted to the customs body that does not have authority to 
register customs declarations;  
2)  the customs declaration is submitted by someone other than the authorized party;  
3)  the customs declaration does not contain all necessary information envisaged in respective 
provisions of the CU Customs Code regarding the customs declarations;  
4)  the customs declaration is not signed or not certified appropriately or is not drawn up to 
the specified form;  
5)  the actions that must be committed before submission or simultaneously with the 
submission of the customs declaration in compliance with the CU Customs Code for the 
declared goods were not committed.  
 
Such refusal to register the customs declarati on is drawn up by the official of the customs body in 
writing and indicating the reasons of the refusal.  
 
Paragraphs 3.12, 3.14, Pages 42, 43 together with paragraph 4.11, Page 6 of the Report 
by Russian Federation (WT/TPR/G/345)  
According to p aragraph 3. 12 of the Report "In 2015, the Russian Federation was ranked 170th out 
of 189 economies in terms of trading across borders with 10 documents, and 96 hours needed for 
importing and a cost of US$1,125. The ranking for trading across borders is based on expor ting 
iron and steel (HS 72) to Italy, and importing parts and accessories of motor vehicles (HS 8708) 
from Germany."  
 
In addition, Paragraph 3.14 of the Report provides that "According to the authorities, as a result of 
these trade facilitation measures, t he average time for importing a consignment of goods has been 
reduced from 48 hours in 2013 to 1 hour 38 minutes in 2015 Q3, and for export from 4 hours in 
2013 to 50 minutes in 2015 Q3."  
 
On this matter, the Report by Russian Federation (WT/TPR/G/345) sta tes that "At the end of 2015, 
the time of customs operations in respect of imported goods (provided that those goods were not 
subject to additional controls and were not identified as risky, thus requiring further inspection) 
was 1 hour 37 minutes, and 50 minutes in respect of exported goods (in 2014 - 5 hours 2 minutes 
for imports, and 1 hour 40 minutes for export)."  
 
Ukraine's question  
Could the Russian Federation please provide consistent and update information (as of 
first half of 2016) on the  average c ustoms clearance time and number of documents 
required in respect of both export and import, in particularly taking into account 
restriction implemented towards Ukraine in force as of 2016?  
 WT/TPR/M/345/Add.1  
 
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  Answer  
At the first half of 2016 the average clearance time for i mports was 1 hour 38 minutes and 
48 minutes in respect of exports. The number of documents required for the customs declaration 
upon importation of goods which are not subject to additional control equals to 4 and 6 documents 
upon exportation. Therefore th e measures undertaken as of 2016 did not have impact on customs 
clearance time and the number of documents required in respect of import and export for the 
mentioned goods.  
 
3.1.6 Import prohibitions, restrictions, and licensing  
 
Paragraph 3.46, Page 53  
The Report states that "Under Government Resolution No. 778 of 7 August 2014, implementing 
Presidential Decree No. 560 of 6 August 2014, imports of certain agricultural products from 
Australia, Canada, the EU, Norway, and the United States were banned for on e year (Table 3.9). 
Under Government Resolution No. 625 of 25 June 2015, the ban was extended for an additional 
year and under Government Resolution No. 842 of 13 August 2015 it was extended to cover 
imports from Albania, Iceland, Liechtenstein, Montenegro , and (from 1 January 2016) Ukraine. 
Under Presidential Decree No. 391 of 29 July 2015, products subject to this ban that are found on 
the market of the Russian Federation may be destroyed. Under a Government Resolution of 
1 July 2016, the ban was extended  to 31 December 2017".  
 
Ukraine's questions  
Ukraine would like to express its concern that the Russian Federation continues to expand 
targeted, trade -restrictive measures against Ukrainian products, particularly through extension of 
import prohibitions on certain agricultural goods up to 18 months.  In addition, Ukraine considers 
that Resolution No. 842 of the Government of the Russian Federation of 13 August 2015, including 
the amendments approved through it, in so far as it extends to certain Ukrainian pro ducts the 
application of the import prohibition set forth in Resolution  No. 778 and the Rules for destruction 
of agricultural products, raw materials and food approved in Resolution No. 774 to be inconsistent 
with the Russian Federation's obligations under  the WTO Agreements.  
In this regard, Ukraine kindly requests the Russian Federation to:  
1. Provide practical, transparent, factual information and relevant justifications for these 
trade restrictive measures, which represent very significant trade obstacl es and show a 
disregard of the core WTO principles.  
2. Clarify how the introduced ban corresponds to the Russia's obligation under GATT 
1994 Articles I:1, III:4 and XI:1, particularly taking into account that the measures in 
question establish a quantitat ive restriction, fail to accord certain products from Ukraine 
a treatment no less favourable than that accorded to like products of national origin and 
because an advantage, favour, privilege or immunity granted by the Russian Federation 
to certain product s originating in most WTO Members is not accorded immediately and 
unconditionally to the like products originating in Ukraine?  
3. Explain how the introduced measures are in compliance with Articles 1.1, 2.2, 2.3, 
5.1-5.3, 7 and Annex B of the SPS Agreement ? 
 
Answer  
When the Russian Federation adopted these measures it carefully considered conformity of these 
measures with its WTO obligations before introducing them. In light of this the Russian Federation 
regards these measures as being in full compliance w ith the obligations of the Russian Federation 
under the WTO Agreement.   
 
Paragraph 3.48, Page 55  
The Report mentions that "Presidential Decree No. 1 and Government Resolution No. 1 of 2016, 
introduced a mandatory requirement that goods in transit by road a nd rail crossing the Russian 
Federation towards Kazakhstan to use (and remove) seals operating on the basis of the Russian 
Global Navigation Satellite System (GLONASS). The seals are to be applied upon entry into the 
Russian Federation and removed on leavi ng at the expense of the shipper or consignee. Under the 
Decree, goods from Ukraine in transit to Kazakhstan may only enter the Russian Federation from 
Belarus. Presidential Decree No. 319 of 1 July 2016 extended the measure to include goods in 
transit to the Kyrgyz Republic and temporarily bans transit of goods subject to non -zero import 
duties under the Common Customs Tariff of the EAEU, and goods subject to Government 
Resolution No. 778 of 7 August 2014."  
 WT/TPR/M/345/Add.1  
 
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  Ukraine's questions  
In the context Ukraine would  like to express its concern with regard to the measures itself and the 
implementation procedure. Notwithstanding numerous bilateral communications with the Russian 
Federation (of 13 January and 11 July) and raising the issue at the meetings of the General  
Council (of 24 February and of 27 July), the Council for Trade in Goods (of 15 April and of 14 July) 
and the Committee on Agriculture (of 9 March and of 7 June), the SPS Committee (of 30 June) and 
the TBT Committee (of 15 June), the measures concerning re strictions of traffic in transit have not 
been removed.  
Ukraine kindly requests the Russian Federation to:  
1. Provide information on the policy rationale for the introduction of the measures.  
2. Explain the rationale for the Russian Federation's decision to ban traffic in transit 
from the territory of Ukraine specifically to the Republic of Kazakhstan and the Kyrgyz 
Republic.  
3. Explain the rationale for the Russian Federation's decision to ban transit of the 
following goods:  
  goods for which the Russian F ederation applies tariffs rates higher than zero 
according to the Common Customs Tariff of the Eurasian Economic Union;  
  goods which are under embargo pursuant to the Government Resolution of the 
Russian Federation of 7 August 2014 No. 778 "On measures con cerning 
implementation of the Presidential Decrees of 6 August 2014 No. 560 and of 
24 June 2014 No. 320" concerning the application of certain special economic 
measures in order to ensure security of the Russian Federation.  
4. Explain why the Russian Feder ation decided to restrict traffic in transit from the 
territory of Ukraine to the territory of the Republic of Kazakhstan so that it can only take 
place through certain checkpoints at the Russian Federation – Belarus border (two 
checkpoints).  
5. Explain w hy the Russian Federation decided to restrict the exit of traffic in transit  
from the territory of Ukraine to the territory of the Republic of Kazakhstan so that it can  
only take place through certain checkpoints at the Russian Federation – Kazakhstan 
bord er (three checkpoints).  
6. Provide information on the checkpoints, what can be used for transit of goods from 
the territory of Ukraine through the territory of the Russian Federation to the Kyrgyz 
Republic.  
7. Provide all operational details for customs au thorities, including subsidiary legislation 
and enforcement orders, regarding the implementation of the above measures.  
8. Explain how the Russian Federation's authorities enforce these measures and in 
particular, if the country of origin of goods is the basis for application of such measures.  
9. Clarify whether:  
a. the measures are applied, whether in law or in fact, only to goods in 
transit from the territory of Ukraine to the territory of the Republic of 
Kazakhstan and Kyrgyz Republic, or  
b. the measures are  also applied, whether in law or in fact, to goods in 
transit from the territory of Ukraine to the territories of other countries. 
List these countries, if applicable.  
10. State whether the Russian Federation has adopted any similar to those contained in 
Decree No. 1 and Resolution No. 1 trade restrictions on traffic in transit. If so, please 
provide details.  
11. Describe what normative acts of the Eurasian Economic Union or the Russian 
Federation regulate traffic in transit from, or to countries other tha n Ukraine.  
12. Specify whether there are any countries other than Ukraine to which requirements 
for traffic in transit similar to those contained in Decree No.1 and Resolution No.1 are 
applied? If so, please indicate the countries and provide a reference t o the normative 
acts establishing those requirements.  
13. Elaborate on compliance of the restrictive measures introduced by Presidential 
Decree No. 1 and Government Resolution No. 1 of 2016 with the WTO agreements, 
including Article V GATT 1994 and Article  4.2 (footnote 1) of the Agreement on 
Agriculture.  
14. Explain consistency of the introduced measures with the WTO commitments 
undertaken by the Russian Federation upon its accession to the WTO.  
 WT/TPR/M/345/Add.1  
 
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  With regard to the introduction of the mandatory usage of th e GLONASS, as Ukrainian companies 
experience additional expenses that arise from the need to use and remove the seals, Ukraine 
expresses its concern regarding this measure and asks the Russian Federation to:  
1. Clarify whether the Government is considering  eliminating such additional 
registration requirements and if so, what is the timeframe for their elimination?  
2. Indicate the fee imposed for applying such seals for the shipper or consignee and the 
legal basis for its determination.  
3. List all relevan t normative acts that regulate respective issue.  
 
Answer  
Annex 3 of the Marrakesh A greement on trade policy review mechanism states, that this 
mechanism  "is not, howeve r, intended to serve as a basis for dispute settlement procedures, or to 
impose new pol icy commitments on Members". Taking into account request of Ukraine under DSU 
for consultations on this matter, we do consider discussion of the issue process within the review 
as not appropriate.  
 
3.1.7 Anti -dumping, countervailing, and safeguard measures  
 
Paragraph 3.49, Page 55  
The Report states that "Decisions to impose trade remedies are taken by the Board of the 
Commission and are binding on all EAEU member States."  
 
Ukraine's questions  
Ukraine is aware of a certain procedure (cases) when measures tha t have already been adopted by 
the Board of the Commission are allowed to be not implemented.  
1. Could the Russian Federation explain in detail the procedure through which measures 
are allowed to be not implemented as it happened in the Ukrainian ferrosili con 
manganese investigation? How can interested parties be informed about postponement 
or the final decision in such case?  
2. Could the Russian Federation explain what procedures are to be followed when the 
Board of the Commission does not reach the decisi on whether to apply the measure or 
when such decision is not made within the deadline set forth in Article 5.10 of the 
Agreement on Implementation of Article VI of the GATT 1994? A date of the conclusion 
of an investigation is a date of the consideration b y the Board of the Commission of the 
report on investigation and draft of the Commission's decision. How are interested 
parties notified about the end of the investigation if the Board of the Commission has 
not reached the decision?  
3. Referring to the mea sures on Ukrainian bars and rods, could the Russian Federation 
explain how the measures, which were applied with a significant gap of time between 
the end of the investigation period and the imposition date, comply with Article 3 of the 
Agreement on Implem entation of Article VI of the GATT 1994?  
4. As there are five members of the EAEU, could the Russian Federation explain how 
decisions are taken by the Board of the Commission, by consensus or by majority of 
votes?  
5. Could the Russian Federation explain w hat authority does the Intergovernmental 
Council and separately, the Supreme Eurasian Economic Council, have with regard to 
trade defence  instruments?  
6. How are decisions taken by the Intergovernmental Council and the Supreme Eurasian 
Economic Council, b y consensus or majority?  
7. Could the Russian Federation indicate the legal provisions and acts, which set forth 
the authorities and decision -making procedures of the Intergovernmental Council and 
the Supreme Eurasian Economic Council?  
 
Answer  to question s 1, 2, 5, 7 with regard to paragraph 3.49, page 55  
Please refer to the Treaty on the Eurasian Economic Union of 29 May 201421 and the Decision of 
the Supreme Eurasian Economic Council No. 98 dated 23 December 2014 "On Rules of Procedure 
of the Eurasian Eco nomic Commission".  
 
Answer  to question 4 with regard to paragraph 3.49, page 55  
The Board of the Commission takes decisions on trade remedies by qualified majority vote.  
                                                
21 See Notification of the Regional Trade Agreement, WT/REG358/N/1, S/C/N/785.  WT/TPR/M/345/Add.1  
 
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  Answer to question 6 with regard to paragraph 3.49, page 55  
Intergovernmental Council and the Supreme Eurasian Economic Council take decisions by 
consensus.  
 
Paragraph 3.50, Page 55  
The Report states that "Upon accession to the WTO, the Russian Federation made several 
commitments on trade remedy measures including: that trade remedy measur es by the Russian 
Federation or the Customs Union would comply with the relevant WTO agreements; and holding 
consultations on safeguards and providing information on trade remedies."  
 
Ukraine's questions  
On 29 March 2016 the Eurasian Economic Commission ad opted a decision on applying anti -
dumping measures concerning imports of bars and rods originating in Ukraine to the Eurasian 
Economic Union. During the period of investigation the number of EAEU members has been 
extended from three to five countries and t he EEC failed to analyse the domestic industry of 
Armenia and Kyrgyz Republic with the aim of assessing the material injury for domestic industry of 
the EAEU. Further, the investigation lasted 28 months.  
 
1. How can the EAEU justify extending the decision on bars and rods to countries for 
which there was not an appropriate examination of material injury?  
2. Could the Russian Federation explain how the mentioned actions are in conformity 
with Russia's commitments under the WTO Anti -dumping Agreement, in part icular with 
the provisions of Article 3 and Article 5.10, when it stipulates 18 months as the 
maximum duration of an investigation?  
 
Answer to question 3 with regard to paragraph 3.49, page 55 and questions 1, 2 with 
regard to paragraph 3.50, page 55  
The R ussian Federation notes that the standards for conducting anti -dumping investigations in the 
Eurasian Economic Union ("EAEU") are in conformity with the relevant WTO Agreements. For 
obtaining further information on particular trade remedy investigations pl ease refer to the 
investigating authority of the EAEU (i.e. the Department for Internal Market Defence of the 
Eurasian Economic Commission, DIMD). The DIMD will consider the request in line with the 
applicable law.  
 
3.1.8 Standards and other technical req uirements  
3.1.8.1 Standards and technical requirements at the EAEU level  
 
Paragraph 3.59, Page 58  
As mentioned in the Report, "In the Russian Federation, the legal framework for standards, 
technical regulations and conformity assessment systems is the EAEU  Treaty and national 
legislation."  
 
Ukraine's questions  
Ukraine kindly asks the Russian Federation to provide answers to the following 
questions:  
1. According to the EAEU Treaty what government body at the national level is 
responsible for ensuring transpa rency with respect to the preparation, adoption and 
application of technical regulations?  
2. What body (authorities, agencies etc.) may WTO Members and interested parties 
contact on in order to obtain information concerning measures adopted by the Russian  
Federation authorities?  
3. How does the legislation of the EAEU, its Member States and, in particular, of the 
Russian Federation interrelate as regards technical requirements? Does the fact of 
obtaining a relevant certificate of conformity from one of the  EAEU Member States 
according to the EAEU requirements mean the subsequent conformity with the other 
EAEU Member State's requirements?  
4. What Russian Federation body is authorized to recognize the validity or non -validity 
of a certificate of conformity i ssued by an authorized certification body of the EAEU 
member state?  
5. What body at the EAEU level is authorized to ban imports of products into the 
territory of its Member States in case a product fails to meet EAEU technical 
requirements?  WT/TPR/M/345/Add.1  
 
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  6. What Russia n Federation body is entitled to ban imports of products into the territory 
of the Russian Federation in case a product fails to meet Russian Federation technical 
requirements?  
7. Is the Russian Federation as the EAEU Member State entitled to introduce any  
additional technical requirements above and beyond those established at the EAEU 
level?  
8. To what extent are each of the five individual domestic markets that form the 
Eurasian Economic Union harmonised with respect to the adoption and application of 
requirements for the placing of (domestic and foreign) goods on each market?  
 
Answer  
1. The EAEU Treaty does not determine the competence of government bodies at the national 
level. In accordance with Government Resolution No. 438 of 5 June 2008 "On the Min istry of 
Industry and Trade of the Russian Federation" (as last amended on 02 August 2016) the Ministry 
of Industry and Trade of the Russian Federation was the national executive authority in the 
Russian Federation responsible for the development and elabo ration of national policy in the area 
of technical regulation, including standardization, conformity assessment procedures (including 
testing and certification) and for coordinating the development of technical regulations.  
 
2. For measures on technical re gulation please contact the Russian Enquiry Point for TBT/SPS 
Measures.  That does not exclude the right to apply directly to the authorities responsible for a 
measure adoption, and to the developers of the measures. The requests to the authorities are 
answered in the due terms.  
 
3. According to Art. 51 and 53 of the EAEU Treaty, EAEU Member States ensure free circulation of 
goods that conform to the technical regulations of the EAEU (e.g. goods with valid certificate). 
EAEU Member States shall not set addit ional technical requirements or conformity assessment 
procedures for goods covered by the EAEU Technical Regulations entered into force. Goods with 
valid certificate can freely circulate in the EAEU.  
 
4. In the EAEU there is no specific procedures to recog nize the conformity certificates issued by an 
authorized certification body of an EAEU Member State.  
 
5. At the EAEU level there is no body authorized to ban imports of products into the territory of 
EAEU Member States in case a product fails to meet EAEU technical requirements.  
 
6. Government Resolution No. 407 of 13 May 2013 "On authorized bodies of the Russian 
Federation enforced state control (surveillance) compliance with requirements of technical 
regulatio ns of the CU" (as last amended 3 March 2016) d efined the list of executive bodies of the 
Russian Federation responsible for the state control (surveillance).  
 
7. No, the Russian Federation as the EAEU Member State is not entitled to introduce any additional 
technical requirements above and beyond tho se established at the EAEU level.  
 
8. Basic principles of the customs union of EAEU Member States are:  
1)  functioning of the internal market of goods;  
2)  applying the common customs tariff of the EAEU and other common measures regulating 
foreign trade with thi rd countries;  
3)  applying a uniform goods trade regime in relations with third countries;  
4)  applying the unified customs regulation;  
5)  the free movement of goods between the territories of the member States without the 
application of customs declaration and st ate control (transport, sanitary, veterinary, 
phytosanitary quarantine).  
 
The adoption of the uniform technical regulations of the EAEU, establishing product requirements, 
including in terms of release into circulation, shall be in the manner approved by t he Commission, 
i.e. the same for all member States of the Union. In respect of products for which the adopted 
uniform technical regulations of the EAEU, are the same for all member States of the Union 
requirements, including in terms of release of products  for circulation.  
 WT/TPR/M/345/Add.1  
 
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  Paragraph 3.61, Page 58  
The Report notes that "According to the EAEU Treaty, international standards are the basis for 
technical regulations in the EAEU except in cases where they do not comply with the purposes of 
adoption of technical regulations of the EAEU, including due to climatic and geographical factors or 
technological and other particularities. In the absence of an applicable international standard, 
regional standards, or national standards of other countries may be used as a ba sis for EAEU 
measures. A product that is subject to a technical regulation may be put into circulation in the 
EAEU, provided that it has passed the necessary conformity assessment procedures."  
 
Paragraph 3.67, Pages 59 - 60 
As mentioned in Paragraph 3.67 o f the Report "Article 54 of the EAEU Treaty calls for 
harmonization of rules and approaches in the field of accreditation with international standards 
while ensuring objectivity, impartiality and competence of the accreditation bodies of the member 
states. " 
 
Ukraine's questions  
Since 2013, the Russian Federal Service for Surveillance on Consumer Rights Protection and 
Human Wellbeing (Rospotrebnadzor) banned imports of confectionary, dairy products, beer, juice, 
salt and wallpaper of Ukrainian origin into th e territory of the Russian Federation on the basis on 
the claim of failure to meet technical regulations requirements. These measures to ban product 
entry were applied without any justification in non -transparent and discriminatory towards 
Ukrainian produc ts manner.  
 
Ukraine sent numerous pertinent requests regarding the Russian Federation's absence of or 
incomplete justification, however neither Ukrainian enterprises, the Ministry of Economic 
Development and Trade of Ukraine, nor other competent authoriti es received any replies from the 
Russian Federation.  
 
Ukrainian producers have provided Rospotrebnadzor with all stipulated necessary documents and 
test results carried out in both Russian and Ukrainian laboratories accredited by the Russian 
Federation acc reditation body, which in most cases confirmed the compliance with relevant 
technical regulations. However, the Russian Federation still fails to provide the Ukrainian 
competent authorities and producers with the official detailed clarification and justifi cation of the 
measure and its compliance with the provisions of the WTO Agreement on Technical Barriers to 
Trade (TBT Agreement). Above all, no deficient test reports had been provided to the Ukrainian 
manufacturers, making it hard or impossible to conside r, if necessary, corrective action.  
 
Apart from that, the Russian Federation continues to not respond to inquiries and Ukraine`s 
requests. This systematically violates transparency principles as embodied in Article 10 of the TBT 
Agreement, on providing inf ormation on conformity assessment procedures, that are carried out 
on its territory.  
 
Could the Russian Federation provide detailed clarification and justification for keeping 
the bans on listed above products and for adoption of trade -distorting and 
discr iminatory measures, as well as reflect on compliance of the above measures with 
the relevant provisions of the TBT Agreement (Articles 2.1 and 2.2, 5.1, 10)?  
 
Answer  
The import of Ukrainian goods has been suspended by the Russian Federation due to various 
reasons:  
- inconsistencies of these products to the technical regulation's requirements;  
- to prevent deceptive trade practices;  
-  protection of human health or safety, animal or plant life or health.  
 
The Russian Federation informed the Sanitary and Epid emiological Service of Ukraine as well as 
interested enterprises on the necessity to provide additional information for removing the 
temporary restrictions.  
 
Moreover, two bilateral meetings with Ukrainian producers on this issue were held in 2015. 
Neverth eless, up until now Ukraine failed to provide the Russian competent authorities with the 
required documentation.  
 WT/TPR/M/345/Add.1  
 
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  The EAEU Technical Regulations established equal requirements and equal conformity assessment 
procedures for domestic and imported goods.  
 
The Russian Federation (Ministry of Economic Development of the Russian Federation, 
Rospotrebnadzor and the Russian Enquiry Point for TBT/SPS Measures) answered all the 
reasonable enquiries from Ukraine.  
 
3.1.8.2 Standards in the Russian Federation  
 
Paragraph  3.69, Page 60  
According to the Report, "Under the EAEU Treaty, the development and applications of standards, 
conformity assessment, state control and supervision, metrological control, and liability matters in 
the Russian Federation continue to be admini stered at the national level".  
 
Ukraine's questions  
Could the Russian Federation provide the list and information on:  
1. Normative acts that regulate carrying out inspection control (state control) over the 
certified products within the EAEU.  
2. Normative  acts that establish a procedure for inspection control (state control).  
3. Regulatory documents that establish a list of reasons or criteria, which regulates "the 
lack of conditions for surveillance".  
4. Normative acts that regulate the procedure for reco gnizing the conformity 
assessment certificates issued by an authorized certification body of the EAEU Member 
States.  
 
Answer  
1-2. The inspection control is a part of the conformity assessment procedures. Rules of inspection 
are described in each of the Tec hnical Regulations of the EAEU and in the CU Commission Decision 
No. 621 of 7 April 2011 "On the Regulation on the Application of Model Schemes of Conformity 
Assessment (Confirmation) in the Technical Regulations of the Customs Union".  
 
State control (surv eillance) is carried out in accordance to the national legislation of EAEU Member 
States (Article 53.4 of the EAEU Treaty). Basic rules of state control (surveillance) in the Russian 
Federation are set out by the Federal Law No. 184 -FZ of 27 December 2002 "On Technical 
Regulation" (as last amended on 5 April 2016) and the Federal Law No. 294 -FZ of 26 December 
2008 "On the Protection of Legal Entities' and Individual Entrepreneurs' Rights in the Case of 
Exercise of State Control (Supervision) and Municipa l Control" (as last amended on 3 July 2016 ).  
 
3. The legislation of the Russian Federation and of the EAEU does not contain term "the lack of 
conditions for surveillance".  
 
4. In the EAEU there is no procedures to recognize the conformity assessment certific ates issued 
by an authorized EAEU Member States certification body . According to Art. 53.2 of the EAEU 
Treaty and Annex No. 9 to the EAEU Treaty, member States of the EAEU ensure free circulation of 
goods in conformity with the technical regulations and a ppropriate conformity assessment (e.g. 
goods with valid certificate).  
 
Paragraph 3.75, Page 61  
The Report states that "Up to end -May 2016, some WTO Members had used the TBT Committee to 
raise 15 concerns relating to conformity assessment procedures, standa rds, and technical 
regulations in the Russian Federation."  
 
Ukraine's questions  
1. Can the Russian Federation confirm that all requests to the Russian Federation's WTO 
Enquiry Point for Technical Barriers to Trade are considered and that the enquiry point 
substantively responds to WTO Member's requests in the recommended timeframe? This 
has not been Ukraine's experience in several specific instances.  
2. Since the Russian Federation's accession to the WTO Ukraine had numerously raised 
concerns regarding the  bans introduced by the Russian Government on imports of the 
following goods:  
1. Measure affecting import of Ukrainian confectionary products (ID 399);  
2. Measure affecting import of Ukrainian dairy products (ID 426)  WT/TPR/M/345/Add.1  
 
- 225 - 
 
  3. Measure affecting imports of Ukrain ian juice products (ID 439);  
4. Measure affecting imports of Ukrainian beer products (ID 440);  
5. Measure affecting import of Ukrainian food salt (ID 465);  
6. Measure affecting the import of Ukrainian wallpaper (ID 476).  
 
Ukraine requests the Russian Fede ration to provide the relevant legislative acts and 
regulations under which such bans on imports of each these categories of Ukrainian 
products were introduced.  
Please clarify legislative basis and WTO provisions for establishing trade restrictive 
import r equirements for all listed above Ukrainian products.  
Please elaborate on the compliance of the measures introduced with the Russian 
Federation's commitments under the WTO Agreements, as well as under its Schedule of 
Concessions and Commitments.  
 
Answer  
1. The Russian Federation confirms that all requests to the Russian Federation's WTO Enquiry Point 
for Technical Barriers to Trade are considered and that the enquiry point substantively responds to 
WTO Member's requests in the recommended timeframe.  
 
2. The Russian Federation has introduced a temporary restrictions of the importation of the 
following goods from Ukraine:  
2.1. Сonfectionary products – incompliance with the Technical Regulation of the Customs Union 
"On food safety " (TR CU 021/2011) and the Technical Regulation of the Customs Union "On the 
labelling of food products" (TR CU 022/2011);  
2.2. Dairy products – incompliance with the Technical Regulation of the Customs Union "On the 
safety of milk and dairy products " (TR CU 033/2013) the Technical Regulation of the Customs 
Union "On the labelling of food products" (TR CU 022/2011);  
2.3. Juice products – incompliance  with the Technical Regulation of the Customs Union "On the 
labelling of food products" (TR CU 022/2011);  
2.4. Beer products – incompliance with the Technical Regulation of the Customs Union "On the 
labelling of food products" (TR CU 022/2011);  
2.5. Food s alt – incompliance with the Technical Regulation of the Customs Union "On food safety " 
(TR CU 021/2011) and the Technical Regulation of the Customs Union "On the labelling of food 
products" (TR CU 022/2011);  
2.6. Wallpaper - incompliance with the Common sa nitary and epidemiological and hygienic 
requirements for products subject to sanitary and epidemiological supervision (control), 
established by the Decision of Customs Union's Commission on 28 May 2010 No. 299. 
Law of the Russian Federation No. 2300 -1 of 7  February 1992 "On the Protection of Consumers' 
Rights" (as amended on 3 July 2016) provides legislative basis for such restrictions. The import of 
Ukrainian goods have been suspended by the Russian Federation due to inconsistencies of these 
products to th e technical regulation's requirements to prevent deceptive trade practices, to 
maintain the appropriate level of protection of the safety and human life and human health in full 
compliance with the commitments of the Russian Federation and with Articles 2. 1 and 2.2 of the 
TBT Agreement.  
 
3.1.9 Sanitary and phytosanitary requirements  
 
Paragraph 3.76, Page 62  
According to the Report, "At the EAEU level, the legal framework for SPS measures is set out in 
the EAEU Treaty, Section XI and Annex 12, (Protocol on t he Application of Sanitary, Veterinary and 
Phytosanitary Quarantine Measures) and legal acts of the Russian Federation. The EAEU 
Commission is responsible for coordinating the development and implementation of SPS measures 
by the member States and setting common general principles, and safety requirements for goods 
marketed within the EAEU. Under Article 59 of the EAEU Treaty: "Each Member State has the right 
to develop and implement temporary sanitary -epidemiological, veterinary, and sanitary and 
phytosani tary quarantine measures".  
 
Ukraine's questions   
Could the Russian Federation provide answers to the following questions:  
1. How does the legislation of the EAEU and of its Member States, in particular of the 
Russian Federation, interrelate in the area of  sanitary and phytosanitary requirements?  
 WT/TPR/M/345/Add.1  
 
- 226 - 
 
  Answer:  
In the Russian Federation the national legislation is in force to the extent it does not contradict the 
norms of international treaties. According to the EAEU Treaty agreed policy shall be conducted in 
the sphere of sanitary, veterinary -sanitary and phytosanitary quarantine measures. The agreed 
policy is implemented through joint development, adoption and implementation of international 
treaties and Commission acts.  
 
Each EAEU Member State shall have the r ight to develop and adopt temporary sanitary, 
veterinary -sanitary and phytosanitary measures. The cooperation procedure for competent 
authorities of the Member States while introducing SPS measures shall be approved by the 
Eurasian Economic Commission.  
 
Thus, in the area of SPS measures the Russian Federation is guided by the EAEU and national 
legislation  to the extent it does not contradict the EAEU one.  
 
2. Why the Russian Federation' s enquiry point and relevant authorities are not providing 
basic respon ses and information when requested by WTO Members such as Ukraine? 
Please, provide detailed contact information concerning responsible persons of the 
enquiry point in order to ensure the possibility for the WTO Members or interested 
parties to submit inqui ries on sanitary and phytosanitary matters?  
 
Answer  
Russia would like to mark, that answers were given for all received Ukrainian requests on SPS 
issues. Since 2014 the following Ukr ainian requests were received: i)  On plant products imported 
from Ukraine , sent by e -mail (answe r was given on 28 November 2014); ii)  On the new form of 
veterinar y certificate, sent by e -mail ( answer was given on 26 December 2014) ; iii) Regarding the 
notification of the Russian Federation G/SPS/N/RUS/50, sent by  e-mail (answer was given on 
8 October 2014) ; iv) Regarding the notification of the Russian Federation G/SPS/N/RUS/56, sent 
by e-mail (answer was given on 27 March 2015).  
 
If for any reason, Ukraine did not receive these responses or Russia did not receive any other 
comme nts, not mentioned above, please let us know, we are ready to re -answer or provide any 
other requested information. NEP c ontacts are provided on WTO web site, they have not been 
changed.  
 
3. What are the relevant procedures for conducting product examinati ons on compliance 
with the relevant legislative requirements, particularly, those sanitary and 
epidemiological aspects currently impeding entry of Ukrainian products?  
 
Answer  
Conformity assessment procedure is regulated by CU and EAEU Technical Regulations . It could be 
conducted in the form of registration, testing, conformity assessment confirmation (conformity 
declaration, certification), expertise or (and) in other forms. The Eurasian Union Commission 
approves the list of international and regional stand ards, in their absence – list of national (state) 
standards, which contain research rules and methods, including sampling rules.  
 
4. What is the maximum term established for such temporary measures?  
 
Answer  
There is no specific term legally provided for te mporary measures. It depends on violations 
elimination – the sooner the detected violations are eliminated the faster the temporary measures 
are withdrawn.  
 
Could the Russian Federation also clarify and expand on the following points:  
1. Please provide det ails regarding the legislation setting forth actions in case of product 
infringement, including information on establishment of the penalties should the 
infringement be determined.  
 
Answer  
According to the CU Commission Decision as of 18 June 2010 No . 317 on veterinary -sanitary and 
sanitary measures application in the EAEU, entities found responsible for violating common 
veterinary requirements while international transportation and within CU territory transportation WT/TPR/M/345/Add.1  
 
- 227 - 
 
  are under the jurisdiction of the Member  on the territory of which such violations were detected. 
International establishments` responsibility is provided in the Eurasian Economic Commission 
Council as of 9 October 2014 No 94.  
 
The Code on Administrative Offences of the Russian Federation (Fede ral Law No. 195 -FZ as of 
December 30, 2001) sets out entities and individual entrepreneurs responsibility for mandatory 
requirements violations.  
 
2. Please clarify justification for incompliance of Ukrainian products with the Russian 
Federation`s measures with respect to sanitary -epidemiological welfare and appropriate 
labelling requirements.  
 
Answer  
The Russian Federation has not introduced any sanitary measures upon the import of Ukrainian 
goods. Nevertheless certain measures on restriction of circulation  of specific goods were 
introduced. Labelling requirements are set -out in the EAEU technical regulations (particularly the 
Technical Regulation of the Customs Union "On the labelling of food products" - TR CU 022/2011 
are available on the EAEU web site. The  incompliance of the information on the label with the 
factual content of the products along with the incompliances with the technical regulations labeling 
requirements particularly on contents indication, information on conformity assessment, and 
disclaim er notes are often registered in respect of products from Ukraine..  
 
Finally, could the Russian Federation confirm whether Ukrainian products that are 
currently banned for import directly into the Russian Federation may as an alternative 
transit through th e territory of the Russian Federation to other market destinations.  
 
Answer 
Annex 3 of the Marrakesh agreement on trade policy review mechanism states, that this 
mechanism" is not, however, intended to serve as a basis…for dispute settlement procedures, or  to 
impose new policy commitments on Members". Taking into account request of Ukraine under DSU 
for consultations on this matter, we do consider discussion of the issue as not appropriate.  
 
Paragraph 3.79, Page 63  
It is mentioned in the Report about justif ication of risk to human, animal, or plant life or health.  
 
Ukraine's questions  
Could the Russian Federation provide answers to the following questions:  
1. What are the requirements for the risk assessment and the methods of its 
conducting?  
 
Answer  
Accor ding to the EAEU Treaty sanitary, veterinary -sanitary and phytosanitary measures shall be 
applied based on scientifically justified principles and only to the extent necessary to protect life 
and health of humans, animals and plants. They are based on inte rnational and regional 
standards, guidelines and recommendations, except when SPS measures which ensure a higher 
level of protection are introduced which are based on appropriate scientific studies.  
 
According to CU Commission Decision as of 18  October 2011 No. 835 while analyzing sanitary, 
veterinary and phytosanitary risks the national competent authorities are guided by methods 
developed by the relevant international organizations, including Codex Alimentarius Commission, 
OIE and international/regional o rganizations operating within IPPC. Furthermore, risk analysis is 
regulated by Federal Decree as of 14 May 1993 No . 4979-I On Vete rinary, Federal Decree as of 
21 July 2014 No . 206 On Plant Quarantine, Government Decree as of 10 August 2016 No . 770 On 
phyto sanitary risk analysis.  
 
Furthermore, in 2014 the EAEU Commission has approved Methodology on risk assessment of 
human well -being affected by chemical, physical and biological factors while developing products 
safety indexes. This Methodology regulates co mmon for the EAEU Members rules for risk 
assessment of human well -being.  
 
2. Is implementation of HACCP in the Russian Federation's enterprises mandatory and, if 
so, what is the deadline for such implementation?  WT/TPR/M/345/Add.1  
 
- 228 - 
 
  Answer  
According to the Technical Regulation  021/2011 on Products Safety, approved by CU Commission 
Decision as of 9 December 2011 No . 880, while producing food products, the producer shall 
develop, implement and support procedures, based on HASSP principles. N.B. Implementation of 
HACCP is voluntar y in the Russian Federation.  
 
Paragraph 3.80, Page 64  
The Report notes about harmonization of sanitary and hygienic requirements with international 
standards bodies.  
 
Ukraine's question  
How is harmonization of sanitary, veterinary and phytosanitary requir ements carried out 
to be in conformity with relevant standards of international organizations?  
 
Answer  
Regarding veterinary -sanitary measures we should note that the Russian Federation implements 
the basis OIE provisions both on federal and local levels. S everal legal acts were adopted, 
including amendments to the Federal Decree as of 14 May 1993 No. 4979 -1 "On Veterinary ". 
Furthermore, regionalization provisions have been introduced to enhance the control over diseases 
spread and to provide epizootic wellb eing in conformity with OIE provisions.  
 
Regarding phytosanitary quarantine measures, according to the WTO accession commitments 
Russia harmonizes its phytosanitary legislation on regular basis, particularly current legislation has 
been amended (e.g. amen dments to the CCU Decision as of 18 June 2010 No . 318 on plant 
quarantine in the EAEU as of 9 October 2014 No . 93) and new legislation is adopted (e.g. the 
Federal Decree on plant quarantine as of 21 July 2014 No . 206-FZ) in full compliance with the 
releva nt international standards.  
 
Regarding sanitary measures, Russia is harmonizing its sanitary -epidemiological legislation either 
on regular basis, e.g. pesticides MRLs, veterinary drugs MRLs, antibiotics MRLs are being 
harmonized on the EAEU level.  
 
Harmo nization process is still on -going considering the latest changes in the international 
standards.  
 
Paragraph 3.81, Page 64  
The Report mentions that "The Russian Federation is a member of the Codex Alimentarius".  
 
Ukraine's questions  
Could the Russian Fede ration explain what body is established in the country: the 
National Codex Alimentarius Commission or national Codex Contact Point (please, 
provide information concerning responsible persons and their contacts)?  
 
Answer  
Rospotrebnadzor is agency responsibl e for cooperation with Codex Alimentarius Commission. The 
Scientific Research Institute of Nutrition of the Russian Academy of Medical Science is Codex 
Alimentarius contact point. Contact det ails are available on Codex web site: Tel: +7 (495) 698 -
5360, E -mail: tutelyan@ion.ru .  
 
Please clarify to what extent import requirements ado pted by the Russian Federation  
are based on and/or conform to the CODEX Alimentarius. Please also explain how they 
correlate with the respecti ve SPS requirements implemented by the EAEU Commission.  
 
Answer  
The Russian Federation supports international organizations activities on standards developing, in 
particular Codex Alimentarius Commission, and takes active part in its activities. According to the 
EAEU Treaty sanitary, veterinary -sanitary and phytosanitary measures are based on international 
and regional standards, guidelines and recommendations (including Codex Alimentarius ones), 
except when SPS measures which ensure a higher level of prote ction are introduced which are 
based on appropriate scientific studies. The EAEU measures are in force for all Members of the 
EAEU.  
 WT/TPR/M/345/Add.1  
 
- 229 - 
 
  Paragraph 3.83, Page 65  
According to the Report, "Information on import requirements for particular products is available 
for importers and countries exporting to the Russian Federation on Rosselkhoznadzor's official 
website. The list of countries and establishments eligible to import products into the Russian 
Federation is also published on this website. Drafts of technical r egulations and other documents of 
the Eurasian Economic Commission (EEC) are available on the EEC website. The registry of 
products subject to state registration is available on the official website of Rospotrebnadzor".  
 
Ukraine's question  
Multiple and di verse efforts to receive from the Russian Federation full import criteria and 
authorities potential concerns with Ukraine (salt, confectionary) could not be identified either by 
reference to the publically available import requirements as noted above or ot herwise. 
Furthermore, repeated requests to the national SPS enquiry point were not accorded a response.  
How can these factual observations be reconciled with the description in Paragraph 
3.83?  
 
Answer  
The Russian Federation has not introduced any SPS measu res on import of salt and confectionary.  
The measures were introduced concerning the circulation of certain goods for the reasons of 
incompliance with the technical regulations of the EAEU, particularly due to the false labeling of the 
confectionaries (in formation for the consumer on the label did not correspond to the factual 
contents of the products) and due to the organoleptic and iodine contents incompliances for one 
specific producer of salt.  
 
The information on the restrictions was promptly communic ated to the Ukrainian competent 
authorities and avail able on the Rospotrebnadzor web site. Several meetings were held with the 
Ukrainian competent authorities on these issues, as well as there was relevant correspondence 
referring the issues.  
 
All the requ ests to the TBT/SPS enquiry point were answered in due time.  
 
In the paragraph 3.83, there is a reference to the information pu blished by Rosselkhoznadzor 
website. In fact, the measures in respect of salt and confectionery products are not regulated by 
Rosselkhoznadzor (it deals with animal and plant origin products). Import requirements for the 
mentioned products sho uld not be published on its web site. The technical regulations are ava ilable 
on the EAEU official web site. 
 
Paragraph 3.84, Page 65  
The Report  states that "According to CU Commission Decision No. 317, all goods included in the 
list of goods subject to veterinary control are subject to three requirements: (i) the exporting 
establishment has to be included in the Registry of Establishments authori zed to export to the CU; 
(ii) the goods must be accompanied by a veterinary certificate; and (iii) an import permit must be 
issued from an establishment in the Registry. As from 1 July 2010, imports of products subject to 
veterinary control are required to  come from establishments approved by the EAEU parties and 
included in the Common Registry".  
 
Ukraine's questions  
1. Could the Russian Federation explain in detail the requirements for traffic in transit of 
the goods originating in Ukraine subject to the SPS and TBT restrictions under the 
Russian Federation's acts through the territory of the Russian Federation?  
2. Please provide all operational details, including subsidiary legislation or enforcement 
orders for customs authorities relevant to this matter . 
 
Answer  
Annex 3 of the Marrakesh A greement on trade policy review mechanism states, that this 
mechanism" is not, howeve r, intended to serve as a basis for dispute settlement procedures, or to 
impose new policy commitments on Members". Taking into account  request of Ukraine under DSU 
for consultations on this matter, we do consider discussion of the issue as not appropriate.  
 
Paragraph 3.85, Page 65  
The Report mentions about some requirements for imports of regulated products and about the 
system of superv ision.  WT/TPR/M/345/Add.1  
 
- 230 - 
 
  Ukraine's question  
Could the Russian Federation describe how is inspection of market operators and 
importers of animal and plant origin products conducted?  
 
Answer  
The EAEU Commission Decision as of 9 October 2014 No . 94 on the Regulation on the Ha rmonized 
procedure of Joint On -site Inspections and of Taking Samples of Goods (Products) subject to 
Veterinary Control (Supervision)) regulates veterinary control procedure, including inspection 
requirements.  
 
The CU Commission Decision as of 18 June 201 0 No. 318 On plant quarantine in the EAEU and 
Federal Decree as of 21 July 2014 No . 206 – FZ On plant quarantine regulate inspections of 
products subject to phytosanitary control.  
 
3.3 Measures Affecting Production and Trade  
3.3.3 State trading, state -owne d enterprises, and privatization  
 
Paragraph 3.152, Page 85  
According to the Report "State enterprises in the Russian economy are regulated by a number of 
different laws including: The Civil Code of the Russian Federation ; Law No. 208 -FZ of 
26 December  1995 "On Joint -Stock Companies" (as last amended on 29 June 2015); and Law  No. 
161-FZ of 14  November 2002 "On State and Municipal Unitary Enterprises" (as last amended on 
13 July 2015). State enterprises may also be required to implement some aspects of indust rial 
policy in the Russian Federation, for example, under Resolution N o. 475 -r of 21 March 2016, 
90 state-owned enterprises were required to purchase innovative and high -tech products from 
small and medium sized enterprises, where the list of state enterpr ises includes the 13 out of the 
35 that are required to get their procurement schedules approved by the Federal Corporation for 
Development of Small and Medium Enterprises under Govern ment Resolution No. 2258 -r of 
6 November 2015 (Transneft, Uralgonzavod, Atomstroyexport, Central Bureau of Marine 
Engineering, Sevmash, Russian Highways, Gazprom, Rosseti (Federal Grid Company of United 
Energy System), Rostelecom, Aeroflot, Alrosa, Rosneft, and Russian Railways)."  
 
As mentioned in Paragraph 1.5 of the Report b y Russian Federation (WT/TPR/G/345) "Through the 
presentation of the first national trade policy review in the WTO the Russian Federation reiterates 
its commitment to transparency of trade policy regime."  
 
Ukraine's question  
In October 2014 the Russian Fed eration had confirmed the existence of a number of state -owned 
and state -controlled enterprises operating in the commercial sphere, namely the JSC Gazprom, the 
JSC oil company Rosneft, the JSC Yamal SPG, LLC Gazprom Export and the United Grain Company. 
Transparency regarding the activities of these entities was an important WTO requirement that the 
Russian Federation agreed to abide by when acceding to the WTO.  
 
When will the Russian Federation provide required information on the state -owned and 
state -controlled enterprises to the WTO in line with its notification obligation?  
 
Answer  
The necessary work is in progress and following the provisions of Article XVII of the GATT 1994 
respective notifications in respect of the STEs subject to notification requirem ents are to be 
finalized soon.  
 
4 TRADE POLICIES BY SECTOR  
4.3 Services  
4.3.3 Transport  
4.3.3.4 Air transport, Page 85  
Some Ukrainian companies experience difficulties with travelling on business to the Russian 
Federation due to current absence of direct f lights from Ukraine to the Russian Federation.  
 
Ukraine's question  
Is the Russian Federation considering any changes to its policy on air transport services 
that will help to address this problem? If so, please provide further details.  WT/TPR/M/345/Add.1  
 
- 231 - 
 
  Answer  
The Russian  Federation introduced restrictions on flights of Ukranian carriers to Russia in response 
of Ukraine prohibition for Russian air carriers to fly to Ukraine.  
Considering that the initiative on the cessation of air traffic was from the Ukrainian side, the i ssue 
of the elimination of such restrictions should be initiated by the competent authority of the 
Ukrainian side.  
 
Report by Russian Federation (WT/TPR/G/345)  
 
3 FOREIGN TRADE  
3.1 Trade in Goods  
Paragraph 3.1, Page 4  
The Report mentions that "The negativ e import dynamics was primarily influenced by rouble  
devaluation that significantly reduced demand for foreign goods."  
 
Ukraine's question  
The Russian Federation's ban on imports of a variety of agricultural, food and machinery products 
was not mentioned a s a factor contributing to the decline in imports.  
Ukraine requests that the Russian Federation explain the relative role of import bans on 
its decline in imports generally and in particular when viewed from the sizable Ukraine 
imports prior to this perio d of decline.  
 
Answer  
Starting 2011 the import of the Russian Federation from Ukraine was gradually declining till 2015 
and beyond, restrictions on trade in certain products were only a part of factors causing this 
negative trend. Others were connected wit h general deterioration of economic situation, including 
BoP difficulties, but also specific trade restrictive measures implemented by Ukraine in respect of 
Russian companies, goods, services and capital, including ban on the establishment of business 
contacts; freezing financial transactions, ;prohibition to grant credits, loans, financial aid, 
guarantees; prohibition to lend through the purchase of securities; prohibition of acquisition of 
securities, prohibition of economic activities on the territory of  Ukraine, termination of permits and 
licenses for import to Ukraine, complete prohibition of transportation and transit through the 
territory of Ukraine; cancellation of licenses and other permits for trade, and many others 
mentioned in Russian questions t o Ukraine during its trade policy review earlier this year.  
 
4 TRADE POLICY  
4.2 Improving Customs Administration  
Paragraph 4.15, Page 6  
The Report provides that "A list of bona fide transport companies not required to comply with the 
customs transit measur es was established within a framework of an experiment (158 transport 
companies)."  
 
Ukraine's questions  
Could the Russian Federation please provide further detail on the grounds for 
determination of the bona fide transport companies that do not require to comply with 
the customs transit measures? Can foreign transport companies, including Ukrainian, 
qualify for such exception? If so, what is the percentage of foreign companies among 
the selected 158?  
 
Could the Russian Federation please provide more informa tion on the effect that such 
experiment has on trade?  
 
Answer  
For the purpose of eliminating administrative barriers for bona fide participants of foreign 
economic activity, acceleration of passage of transportation vehicles at the border gates with 
preser vation of necessary level of control by the customs authorities, the Federal Customs Service 
of Russia has decided to hold the experiment on forming the list of bona fide Russian transport 
companies that are allowed to transit and free of customs fees and duties.  
 WT/TPR/M/345/Add.1  
 
- 232 - 
 
  The abovementioned experiment is being held from November 201322. If the transport company 
wanted to be included to such list it should be complied with the requirements of the Federal 
Customs Service of Russia.  
 
The main requirements are the follo wing:  
  final owner of the transport company is the Russian perso n; 
  finance stability of the company,  
  experience with transportation of goods in accordance to the procedure of customs transit 
is required;  
  the vehicle fleet is required. All the vehicles  shall be equipped for transportations under 
customs seals and stamps ; 
  non-existence of violations of the customs legislation in respect of transportation of goods ; 
  possibility to immediate impose measures on debt collection (in case of debt), including 
through the company's property.  
 
As of 5 April 2016, 158 transport companies were included to this list. These companies held more 
than 27  000 transportations of goods that are under the customs control. Cases of non -delivery of 
goods do not exist.  
 
As of 30 June 2016, 161 transport companies were included to this list.  
 
4.3 Agricultural and Fisheries Policy  
Paragraph 4.18, Page 7  
The Government Report states "Since the accession to the WTO, the Russian Federation 
implements the State Program for agricultur e development and regulation of agricultural products, 
raw materials and food markets for 2013 - 2020 (hereinafter - the State Program). The State 
Program sets out the crop and livestock production sub -sectors (including beef cattle production) 
as the main  areas of agriculture development."  
 
Ukraine's question  
Could the Russian Federation please provide further detail on the State Program me 
including what it entails, what products and markets (if any) it will target?  
Could the Russian Federation also provid e information on the State Program me with 
regard to its implications for trade and investment in agriculture sector?  
 
Answer  
The State Program me for Agricultural Development and Regulation of Agricultural Products, Raw 
Materials and Food Markets for 2013 -2020 is a strategic planning act aimed at complex 
development of agricultural sector. The State Program me emphasizes major sub -sectors for 
agricultural development: crop and livestock production, processing and sale, meat and dairy 
cattle, olericulture in o pen and protected grounds, seed potato farming, pedigree, seed production 
and selection. Implementation of the State Program me contributes to improvement of investment 
climate by encouraging long -term business projects in agro -industrial sector.  
 
Paragraph  4.19, Page 7  
The Report sets "The structure of the State Program me is largely determined by the WTO 
commitments of the Russian Federation. For this reason, special attention is paid to 
implementation of non -distorting domestic support measures, including decoupled income support 
for agricultural producers."  
 
Ukraine's qu estion  
Could the Russian Federation provide more information on non -distorting domestic 
support measures that are being implemented under the State Program me? 
 
Answer  
The information on non -trade -distorting domestic support measures is contained in supporting 
table DS:1 of domestic support notifications of the Russian Federation. This kind of support 
includes, inter alia , the following measures:  
  Decoupled income support;  
                                                
22 According to the Order of the Federal Customs Service of Russia as of 31 October  2013 No. 336 -p. WT/TPR/M/345/Add.1  
 
- 233 - 
 
    Pest and disease c ontrol measures, including veterinary and phytosanitary surveillance, as 
well as financial support for production and delivery of respective medicines;  
  General and special training, including higher education and post -graduate professional 
education;  
  Marketing and promotion services, including organization of agricultural tradeshows and 
forums;  
  Payments under environmental programs, including partial compensation of costs related 
to the establishment of sanitary protection zones and recycling systems pre venting the 
pollution of soil, atmosphere, open water, groundwater and watershed areas during the 
production process.  
 
4.4 Industrial policy  
Paragraph 4.29, Page 8  
The Report notes "In 2011, the Russian Agency for Export Credit and Investment Insurance 
(EXIAR) was established for providing insurance of export credits and investments. It expanded 
significantly the range of financial services available for the exporters."  
 
Ukraine's question  
Could the Russian Federation provide more information on the range o f financial 
services available to the exporters?  
 
Answer to question with regard to paragraph 4.29, page 8  
The detailed information on the range of financial services available to the exporters can be found 
in the Report of the Secretariat in para. 3.112 a nd Table 3.22 (page 71 -72 of the Report).  
 
4.5 Energy Policy  
Paragraph 4.35, Page 8  
The Report establishes that "At the end of June 2015, the Government of the Russian Federation 
supported an initiative on the introduction of a financial results' tax for p ilot projects in the field of 
oil production, which will correspond to the common practice (this tax is implemented in a number 
of tax systems of developed oil -producing countries, including Norway and the UK)."  
 
Ukraine's questions  
Could the Russian Feder ation confirm whether such initiative was introduced? And if so, 
please provide more information on its implications on trade?  
 
Answer  
Currently, the correspondent authorities of the Russian Federation carry out the development of 
the concept of the new ta x system in oil industry based on the tax on additional income from oil 
extraction (hereinafter, TAI), in which free cash flow of the development project is the object of 
taxation.  
 
The draft law should be prepared by the correspondent authorities till 1 O ctober 2016 and should 
establish the introduction of a new tax in 2017.  
 
Since at the first stage (during approximately 3 to 5 years) the pilot testing of the new tax regime 
is planned, it has been decided to limit the number of "pilots" regarding the max imum amount of 
oil extraction per year (no more than 15 million ton nes), as, first, for the purpose of the new tax 
administration this amount of quota is enough (it allows participating in the tax experiment to 
some extent for both vertically -integrated an d independent companies), and, secondly, in order to 
secure the budget of the Russian Federation from possible shortfall in income during the first stage 
of the TAI application.  
 
It is possible to indicate the following directions as the main positive effe cts of the introduction of 
the TAI:  
  the transition of the oil industry to TAI will improve the profitability level of the 
development of subsoil areas, to ensure the investment flow in the development of 
depleted and unconventional stocks, to encourage th e application of enhanced oil recovery 
(EOR) methods and to involve in the development of the field and its deposits which are 
not developed under the current tax system which, as a consequence, will allow to 
increase the amount of extracted oil and to sti mulate the oil recovery factor;  WT/TPR/M/345/Add.1  
 
- 234 - 
 
    the introduction of TAI will ensure the growth of tax revenues, due to the increase in the 
total volume of oil extraction and due to more equitable taxation of super -efficient assets;  
  the taxation of TAI will effectively r eplace the system of tax relief on the mineral extraction 
on the existing deposits in future;  
  the taxation of TAI is more flexible and versatile mechanism for the withdrawal of 
economic rents on deposits than the tax on the extraction of mineral resources , because it 
also takes into account the external macroeconomic changes and individual characteristics 
of the development of deposits;  
  the transition of the oil industry to TAI as a whole will correspond to the world practice 
(the tax on the financial res ult applies to the tax systems of certain developed oil 
extracting countries, particularly, in Norway and the UK).  
 
Based on the results of this experiment in pilot projects it will be possible to make a final decision 
on the necessity to transfer the TAI at the industrial level.  
 
4.6 Investment Policy  
Paragraph 4.39, Page 9  
According to the Report, "the following measures were implemented to improve the investment 
climate: … A moratorium on a number of non -tax payments for en trepreneurs (in effect until 
1 January 2019) was introduced."  
 
Ukraine's questions  
Could the Russian Federation specify what non -tax payments for entrepreneurs are 
subject to the above -mentioned moratorium? And, subsequently, please, elaborate on 
the effect of such measure on improvemen t of the investment activity.  
 
Answer  
The Government of the Russian Federation adopted the decision on the need to suspend the 
levying of a number of non -tax payments until 1 January 2019, and on the need for work further 
on the part of non -tax payments fo r the purpose of adoption of the systemic solutions on the 
procedure and principles of their levy.  
 
In particular, the Government of the Russian Federation adopted the following decisions:  
1)  To establish the rate of disposal in respect of all categories of goods at 0%, except for 
batteries, tires, paper, bulbs, as well as groups of goods that are already recycled;  
2)  To postpone the introduction of the standards of permissible discharges of pollutants, 
other substances and microorganisms and the limits on such  discharges to the centralized 
sewage system, the commissioning of local treatment facilities and (or) the development 
and approval of plans of waste reduction;  
3)  To postpone the terms creation of reserves of material and financial resources necessary 
for the liquidation of emergency situations in potentially dangerous and critically important 
facilities;  
4)  To maintain the index of 0.3 regarding payments for the negative impact on the 
environment;  
5)  To maintain the validity of the previously issued open -ended and fixed -term (until the 
expiry, but no later than 1 January 2019) licenses for the activity on the neutralization and 
disposal of waste of I – IV hazard classes, with the possibility of their renewal;  
6)  To postpone the term for the fulfillment of requirem ents to ensure transport safety;  
 
In addition, the introduction of standards for permissible discharges of pollutants, other substances 
and microorganisms, the limits on such discharges in the centralized sewage system as well as the 
commissioning of local  cleaning facilities and (or) the development and the approval of plans to 
reduce discharges.  
 
Paragraph 4.40, Page 9  
The Report states "A prior approval by the Government Commission on Monitoring of Foreign 
Investment in the Russian Federation is require d if the level of investment with regards to the 
abovementioned activities exceeds a certain threshold.  In 2014, the list of strategic activities was 
expanded to include such activities as evaluation of vulnerability of transport infrastructure 
facilities and vehicles; protection of such facilities from unlawful interference, carried out by 
transportation safety forces; certification of transportation safety forces carried out by the 
certifying organization in accordance with the Russian legislation on tran sportation safety."  WT/TPR/M/345/Add.1  
 
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  Ukraine's questions  
1. What is the current threshold that triggers the need to obtain a prior approval by the 
Government Commission on Monitoring of Foreign Investment?  
 
Answer  
Under the Law 57 -FZ the following transactions must be pre liminary approved by the Government 
Commission for Control over Foreign Investments in the Russian Federation:  
  If foreign investor controlled by a foreign state acquires more than 5% of shares (stock) of 
an enterprise that exploits subsurface areas with f ederal status or more than 25% of 
shares (stock) of an enterprise of strategic importance;  
  If foreign investor purchases more than 25% of shares (stock) of an enterprise that 
exploits subsurface areas with federal status or more than 50% of shares (stock)  of an 
enterprise of strategic importance;  
  If foreign investor acquires less shares (stock) that it was mentioned above but gains 
control over an enterprise of strategic importance or an enterprise that exploits subsurface 
areas with federal status (for i nstance by shareholders' agreement).  
 
2. Could the Russian Federation provide an updated list of strategic activities as of 
1 September 2016?  
 
Answer  
Business activities of strategic importance for the national defence and state security include the 
following:  
1)  Works on modification of hydro -meteorological processes and phenomena;  
2)  Works on modification of geophysical processes and phenomena;  
3)  Activities using agents of infections;  
4)  Setting -up, constructing, operating and decommissioning nuclear facilities , radiological 
sources, storage outlets for nuclear materials and radioactive substances, and nuclear 
waste storages; ¨ 
5)  Handling nuclear materials and radioactive substances, particularly in exploration of 
uranium ores, and in production, usage, processing , transportation and storage of nuclear 
materials and radioactive substances;  
6)  Handling radioactive waste during storage, processing, transportation and disposal;  
7)  Using nuclear materials and (or) radioactive substances for R&D;  
8)  Design and engineering of nuclear facilities, radiological sources, storage outlets for 
nuclear materials and radioactive substances, and nuclear waste storages;  
9)  Design and engineering of the equipment for nuclear facilities, radiological sources, 
storage outlets for nuclear mater ials and radioactive substances, and nuclear waste 
storages;  
10) Expert examination of project, design and technological documentation and documents 
substantiating enforcement of the nuclear and radiation safety of nuclear facilities, 
radiological sources, sto rage outlets for nuclear materials and radioactive substances, 
nuclear waste storages, and handling nuclear materials, radioactive substances and 
radioactive waste;  
11) Development and production of encryption (cryptographic) aids, or informational and 
telecom munication systems protected with encryption (cryptographic) aids that are subject 
to licensing under the legislation of the Russian Federation;  
12) Distribution of encryption (cryptographic) aids that are subject to licensing under the 
legislation of the Russ ian Federation;  
13) Engineering maintenance of encryption (cryptographic) aids that are subject to licensing 
under the legislation of the Russian Federation;  
14) Information encryption services;  
15) Detecting electronic bugging equipment in the premises and technical devices (except if 
such activities serve internal needs of a legal person);  
16) Development, production, sales and purchasing for reselling special technical debugging 
equipment by legal persons involved in entrepreneurial activity;  
17) Development of weapons and military equipment;  
18) Manufacturing weapons and military equipment;  
19) Repairing weapons and military equipment;  
20) Disposal of weapons and military equipment;  
21) Trading weapons and military equipment;  WT/TPR/M/345/Add.1  
 
- 236 - 
 
  22) Manufacturing weapons and the main parts of fire arms (except ma nufacturing cold steel, 
non-military and duty weapons);  
23) Manufacturing shells and shell components (except manufacturing for non -military and 
duty weapons);  
24) Trading weapons, the main parts of fire arms, and shells (except trading cold steel, non -
military an d duty weapons and shells to non -military and duty weapons);  
25) Development and manufacturing ammunition and components;  
26) Disposal of ammunition and components;  
27) Manufacturing explosive materials for industrial use and their distribution;  
28) Enforcement of aviatio n security;  
29) Space activities;  
30) Developing aviation equipment, including dual -purpose equipment;  
31) Manufacturing aviation equipment, including dual -purpose equipment;  
32) Repairing aviation equipment, including dual -purpose equipment (except component repair 
by civil aviation organizations);  
33) Testing aviation equipment, including dual -purpose equipment;  
34) TV broadcasting to the area where resides 50% or more of the population of a constituent 
territory of the Russian Federation;  
35) Radio broadcasting to the area where re sides 50% or more of the population of a 
constituent territory of the Russian Federation;  
36) Services offered by an economic entity which is included in the Register of the subjects of 
natural monopolies in the sectors specified in Clause 1 Article 4 No. 147 -FZ Federal Law of 
17 August 1995 "On Natural Monopolies", except the subjects of natural monopolies in 
publicly accessible electric communication, publicly accessible postal service, services for 
heat energy transmission and electric power transmission thr ough distribution networks;  
37) Activities exercised by an economic entity which is included in the Register, specified in 
Article 23 of the Federal Law "On Protection of Competition", and has dominant position:  
a) within the geographic boundaries of the Russian Federation on the communications 
market (except Internet access services);  
b) on the market of fixed telephone communications in five or more constituent territories 
of the Russian Federation;  
c) on the market of fixed telephone communications within the geograp hic boundaries of 
the cities with federal status;  
38) Activities exercised by an economic entity that has dominant position in production and 
sales of metals and alloys with special qualities used for manufacturing weapons and 
military equipment;  
39) Geological su rvey and (or) exploration and production of natural resources in the 
subsurface areas with federal status;  
40) Harvesting (catching) aquatic biological resources;  
41) Printing activities exercised by an economic entity with the capacity to print at least 200 m 
print-sheets per month;  
42) Editing and (or) publishing a periodical print publication with the circulation at least 1 m 
copies for each issue;  
43) Evaluation of vulnerability of transport infrastructure facilities and vehicles;  
44) Protection of transport infrastructure  facilities and vehicles from unlawful interference, 
carried out by transportation safety forces;  
45) Certification of transportation safety forces carried out by the certifying organization in 
accordance with the Russian legislation on transportation safety.  
 WT/TPR/M/345/Add.1  
 
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  16  QUESTIONS FROM INDIA  
Questions on Secretariat Report (WT/TPR/S/345)  
 
Page 70, Para 3.103  
"MED estimates the most regional authorities tend to assist resident exporters through grants or 
subsidized interest payments on export -related loans. Statistics on  sub-federal export -support 
disbursements are not collected by the Federal authorities."  
 
Question 1  
Whether the support provided at sub -federal are WTO compatible?  
 
Answer  
The mechanism described in para. 3.103 of the Secretariat report is aimed at suppo rting the 
development of SMEs in the Russian Federation. The support is provided under the Resolution of 
the Government of the Russian Federation of 15 April 2014 No . 316. The executive authorities of 
the subjects of the Russian Federation annually receive  co-financing of their respective SME 
support programmes on a competition basis. The SMEs support programs may include an export 
assistance component. Such assistance has a non -financial character and can be provided through 
regional support centers.  
Finan cial assistance is provided by EXIAR and Eximbank of Russia. EXIAR provides insurance 
towards coverage of political and commercial risks. Eximbank of Russia provides support in the 
form of loans.  
 
Thus, the support provided at sub -federal levels is WTO co mpatible.  
 
Question 2  
Whether the Federal authorities are not bound to collect such information and report to 
the WTO, as per their commitments under the Trade Policy Review mechanism?  
 
Answer  
In accordance with the Article 25 of the Agreement on Subsidie s and Countervailing Measures the 
Russian Federation provides its notifications of subsidies. The latest notification is available in the 
document No G/SCM/N/284/RUS.  
The Resolution of the Government of the Russian Federation of 15 April 2014 No 316 was no tified 
in the abovementioned document.  
 
Page 70, Para 3.105  
"Ministry of Finance may also make purpose specific asset contributions which are recorded in 
VEB's additional paid -in capital".  
 
Question 3  
Whether the VEB paying divided to the Government for its contributions as Paid -in 
capital? How much of divided has been paid in the last three years and the dividend -pay-
out ratio?  
 
Page 70, Para 3.105  
"VEB's income and expense were not included in its income tax base, which had a significant on its 
effectiv e income tax rate".  
 
Answer  
In accordance to the Federal Law No . 82-FZ of 17 May 2007 "On Bank for Development" the profit 
of VEB received as a result of VEB activities is directed to VEB funds and used only for the 
purposes established by the Law.  
 
Questi on 4  
Whether the VEB is exempted from paying Income Tax on its Profit earned during the 
review period if not how much Income Tax has been paid in the last 3 years?  
 
Answer  
In accordance with the Tax Code of the Russian Federation the VEB is exempted from paying 
Income Tax.  WT/TPR/M/345/Add.1  
 
- 238 - 
 
  Page 71, Para 3.106  
"The lending capacity of Exim Bank of Russia was increased with contribution form VEB".  
 
Question  5  
Whether the Exim Russia is paying dividend to VEB? How much of dividend has been 
paid in the last three years and t he dividend -pay-out ratio?  
 
Answer  
In the last 3 years EximBank of Russia has paid no dividends.  
 
Question 6  
Whether Exim Russia is exempted from paying Income Tax on its Profit earned during 
the review period. If not how much Income Tax has been paid in the last 3 years?  
 
Answer  
In accordance with the Tax Code of the Russian Federation the Exim Russia is exempted from 
paying Income Tax.  
 
Page 70, Para 3.107  
"VEB funded EXIAR's initial charter (R ub 30 billion) in 2011, and increased it by R ub 1.38 bn in 
2014; and R ub 12.15 bn in 2015. In 2012, the Government of Russian Federation provided 
(through VEB) a state guarantee with a liability limit of US $10 bn valid until 2032, to secure the 
fulfillment of obligations under insurance and reinsurance contracts co ncluded by EXIAR".  
 
Question 7  
Whether the EXIAR pays dividend to VEB for its equity contributions? How much of 
dividend has been paid in the last three years and the dividend -pay-out ratio?  
 
Answer  
As of 2015, EXIAR's sole shareholder is JSC "Russian Exp ort Centre". As of today, dividends have 
not been paid to shareholders by EXIAR. EXIARs' profits are managed by EXIAR as per its risk 
management procedures – insurance premiums charged are directed for possible future insurance 
claim payments.  
 
Question  8  
Whether EXIAR is exempted from paying Income Tax on its Profit earned during the 
review period. If not how much Income Tax has been paid in the last 3 years?  
 
Answer  
EXIAR performs its activities under the standard taxation regime in terms of income tax.  It 
benefits from tax incentives in terms of value -added -tax like other commercial insuranc e 
companies. In 2013 -2015, Rub 1.2 b n was paid in taxes.  
 
Question  9  
Whether EXIAR has provided export cover to any of the riskier countries (non -market 
based insur ance coven since 2012? If so how much were such covers (volume and 
numbers), and for which countries? Any defaults occurred on such covers, and if so 
whether the guarantee was invoked anytime in the last three years?  
 
Answer  
The information on the geograph ical coverage of EXIAR insurance cover is contained in the Report 
of the Secretariat in para. 3.116 and Table 3.3 (page 74 of the Report).  
 
The main destination of EXIAR -covered Russian exports are to the CIS, Europe and Latin America. 
No defaults have occ urred, and the guarantee has not been invoked.  
 
Page 71, para 3.108  
"A VAT exemption for insurance services related to export credits and investments applies to all 
commercial insurance applies to all commercial insurance companies including EXIAR".  WT/TPR/M/345/Add.1  
 
- 239 - 
 
  Ques tion 10  
Whether the VAT exemption to export credit and investment insurance services are WTO 
compatible?  
 
Answer  
In accordance with subparagraph 7.1 of paragra ph 3 of Article 149 of the Tax C ode of the Russian 
Federation operations on the provision of ins urance, coinsurance and reinsurance of export credits 
and investments against entrepreneurial and (or) political risks are not taxable (exempt from 
taxes) in the territory of the Russian Federation in accordance with the Federal Law of 
17 May 2007 No. 82 -FZ "On the Development Bank".  
 
Question 11  
How much was the loss to the Federal Government every year due to such VAT 
exemption in the last 3 years?  
 
Answer  
The statistical data or the information about the losses of the Federal budget of the Russian 
Feder ation from the application of the above measure is not available (neither by years nor over 
the last three years).  
 
Page 71, para 3.110  
Details on the eligibility criteria for export support applied by each entity of VEB were not made 
available".  
 
Question  12  
What are the eligible criteria for export support by the various entities under VEB, and 
also by VEB? Whether any sectors are excluded for export support?  
 
Answer  
The "Russian Export Centre" JSC provides non -financial support to the companies register ed in 
Russia that are interested in beginning or expanding their export activities. The companies address 
REC at earlier stages of preparation for exports.  
 
EXIAR provides support transactions relating to exports of goods and services (including 
intellectu al property rights) produced or processed in the Russian Federation, as well as 
investments of the Russian legal entities abroad. The customer profile includes the following:  
 Russian exporters, including small and medium -sized enterprises, as well as their  
international subsidiaries involved in the export process at various stages;  
 Russian and foreign financial institutions, including banks and factoring companies 
providing finance to Russian exporters and their clients; investment and leasing companies 
participating in international projects.  
 
Eximbank of Russia provides support to the legal entities involved in the Russian export 
transactions (relating to exports of goods and services produced or processed in the Russian 
Federation ), including exporters, b uyers and the foreign buyers' banks, subject to terms and 
conditions developed for different products. Eximbank in its mandate focuses on export of value -
added products and cannot provide financing of raw materials.  
 
Page 71, para 3.110  
"VEB and Exim Bank  of Russia have been awarded federal budget subsidies, since 2012 and 2015, 
respectively, as partial compensation for losses incurred on loans in support of Russian h i-
technology exports".  
 
Question  13  
Whether the budget subsidies are WTO compatible?  
 
Question  14  
What is the basis of computation of subsidies and compensation?  
 
Question  15  
How much was the value of subsidies every year – separately for VEB and Exim Russia? 
Partial compensation covers how much percent of loss incurred by each institution?  WT/TPR/M/345/Add.1  
 
- 240 - 
 
  Answer to questions 13, 14 and 15  
The budget subsidies in this case are fully compatible with the WTO obligations of the Russian 
Federation.  
 
In fact, the mentioned funds were not a partial compensation of losses incurred on loans in 
support of hi -technol ogy export. The support was provided by VEB and Eximbank of Russia 
through the interest make up scheme, and the funds were provided to VEB to compensate for the 
"unearned margin " – the difference between the market interest rate and the internationally 
recognized interest rate.  
 
In fact, in 2012 and 2015 VEB and Eximbank of Russia received funds for the interest rate support. 
The support is not a compensation, but follows the classic interest make -up scheme through 
interest rate stabilization.  
 
Page 73, pa ra 3.114  
"At end 2015, Exim Bank of Russia's loan portfolio increased to R ub 22.1 bn, of which 51.7% were 
credit guaranteed by the Government of Russian Federation ". 
 
Question 16   
Is there a Scheme under which a part of the loan portfolio is guaranteed by the 
Government of Russia? If so what are the details of the Scheme?  
 
Question  17  
How much of the value of guarantees were invoked by Exim Bank of Russia due to loss 
or non -payment by the borrowers in the last 3 years?  
 
Question 18   
How much of the invoked  guarantees have been paid or are outstanding?  
 
Answer to questions 16, 17 and 18  
The state guarantees were issued for some loans of the Eximbank of Russia before 2015. 
Previously the government could issue direct guarantees on loans provided by Eximbank. At the 
moment this programme is not operational. However some long -term loans still remain in the 
Bank's portfolio.  
 
In 2013 -2015 there were no cases of state guarantees being invoked under the Eximbank of 
Russia loans.  
 
Page 73, para 3.114  
"The audited fi nancial statements of Exim Bank of Russia also stated that an expense of 
Rub 87.8 mn for funds provided at below market interest rates in the course of 2015. According 
outstanding under the loans".  
 
Question  19  
Is such below market interest rates WTO comp atible?  
 
Question  20  
Whether this expense was compensated by Government of Russia or VEB?  
 
Question 21  
What is the meaning of rights transferred to third parties in respect to the commitments 
outstanding under the loans?  
 
Answer to questions 19, 20 and 2 1 
The expense mentioned in para 3.114 is not a loan provided to customers at below market interest 
rate. This expense in Eximbank of Russia financial reports reflects debt assignment to a third party 
as the debt was considered non -recoverable from original  party. It can be considered as a 
discounted assignment of rights under a non -performing loan.  
 
The expense was not compensated by the Government of the Russian Federation, and no funds 
were provided at below market interest rates.  
 WT/TPR/M/345/Add.1  
 
- 241 - 
 
  Page 73, para 3.115  
"The Central Bank of Russia treats an EXIAR insurance policy as first -class security, which allows 
Russian incorporated credit institutions to benefit from a more favourable provisioning regime 
(liquidity advantage)".  
 
Question  22  
Whether EXIAR provides cov er of 100% of export contract value?  
 
Answer  
The maximum insurance coverage for political and commercial risks in export transactions can be 
provided by EXIAR up to 100% (subject to internal requirements and relevant approvals), but as a 
rule it is 95% for  political risks and 90% for commercial risks.  
 
EXIAR does not provide cover of 100% of export contract value and requires advance payment 
equal to a part of the amount of the export contract.  
 
Question 23  
Whether secured and unsecured could be treated s ame? Is such provisioning norms 
BASEL compatible?  
 
Answer  
Insurance cover provided by EXIAR is one of the financial instruments which are recognized as a 
first-class security by the Central Bank of Russia. Under the Central Bank regulations, as under 
Basel  3, there are various classifications that oblige different provisioning by banks. Instructions of 
the Central Bank of Russia which regulate the banking activities in Russia are compliant with 
BASEL III.  
 
Page 74, para 3.119  
"Russian exporters of military use industrial products are eligible for a federal subsidy, 
administered by the Ministry of Industry and Trade, and a limit on their aggregate amount was set 
annually in the federal budget". Footn ote 89 states that a limit of R ub 2.51 bn was set in 2015."  
 
Question 24  
Whether the subsidies are WTO compatible?  
 
Question  25 
What were the actual subsidy disbursement in the last three years?  
 
Answer to questions 24 and 25  
The mentioned subsidies are WTO compatible. As for their actual disbursement, this inform ation is 
not public.  
 
Summary  
The Government responded with an anti -crises plan aimed at stabilizing the banking sector, a 
fiscal stimulus, switching to a floating exchange rate regime, and introducing an import 
substitution programme. This programme is a major part of a new industrial policy, which was 
introduced in 2014, and has been implemented through several new laws during 2015 and 2016. 
Incentives provided under the industrial policy take many forms, including direct grants to 
infrastructure, tax bre aks, and preferences in government procurement contracts.  
 
Question 26  
What are the incentives provided under the new industrial policy introduced in 2014? 
What is the quantum of such incentives provided since launch of the new policy?  
 
Answer  
The new ind ustrial policy  was introduced by the Federal L aw No . 488-FZ of 31 December 2014. 
This Federal law envisages that the support can be provided to industrial enterprises in the form of 
financial support, information and advice, support of their ongoing scient ific, technical and 
innovative activities in the industrial sphere, human resource development support, support of 
their external economic activity, national and municipal preferences, other promotion measures 
set forth in the mentioned law, established by  other Federal laws and regulations of the President WT/TPR/M/345/Add.1  
 
- 242 - 
 
  of the Russian Federation, acts of the Government of the Russian Federation, laws of the 
constituent entities of the Russian Federation and municipal charters.  
 
The mentioned Federal law itself does not  provide any incentives. The information on the 
incentives provided at the federal and sub -federal level in the Russian Federation, including the 
amounts of funding, is available in the document G/SCM/N/284/RUS.  
 
Questions of Government Report (WT/TPR/G/34 5) 
 
4.1 Customs and Tariff Policy:  
4.3. Since its accession to the WTO, Russia has been gradually reducing its applied tariff protection 
level. Compared to 2012 when the average weighted customs tariff rate was 9.14%, in 2015 the 
average weighted level was  reduced by 3,05 percentage points and amounted to 6.09% with the 
average bound level of 10.1% for agricultural goods and 6,7% for industrial goods being in 
accordance with Russia's commitments in the WTO.  
 
Question 27  
Though Russia has been bringing down  the import duties, the duty rates are still high. 
The details of proposed duty reduction for Leather Goods(under Chapter 42) and 
Footwear(under Chapter 64) may be conveyed. Also, Russia is requested to indicate 
whether the import duty is on per pair basis  or ad valorem  i.e. on percentage basis.  
 
Answer  
Russia's final bound rates for leather goods (HS Chapter 42) vary from 5 to 15% by the end of 
implementation period in 2017. Currently applied rates vary from 0 to 15%.  
 
Russia's final bound rates, as well a s currently applied rate, for footwear (HS 6401 – 6405) vary 
from €0,28 per pair to €1,5 per pair. For parts of footwear (HS 6406) Russia's final bound rates 
are fixed at 5%. Currently, Russia applies duty free regime for goods classified under HS 6402.  
 
4.4 Industrial Policy:  
4.31. For the purpose of extending export fi nancial support, a program of subsidization of interest 
rates on credits provided by the Russian Export -Import Bank (Roseximbank) was launched. Such 
credits are provided mainly to the medium -sized companies.  
 
Question 28 
What are the basis for selecting c ompanies to be supported?  
 
Answer  
Eximbank of Russia can offer the classic interest make -up scheme. The set of goods and services 
eligible for such support is stipulated by the Decree of the Ministry of Industry and Trade of the 
Russian federation No. 1809 of 2 July 2015. The decisions on provision of individual loans under 
this programme are taken by the Bank. However. they are subject to approval by the Ministry of 
Industry and Trade of the Russian Federation. The programme sets no limitation to size of t he 
business of the high -tech company applying for it.  
 
ADDITIONAL QUESTIONS FROM INDIA  
 
Questions on Secretariat Report (WT/TPR/S/345)  
 
Para 1.4  
 
Question 1  
Demographic challenges in Russia have contributed to low labour supply situation. Low 
labour supp ly may pose problems for the country (in particular for the industrial sector) 
in future. How does Russia plan to get around this problem?  
 
Answer  
The expected demographic shifts set stringent requirements for the future trends in the 
development of the la bour market. The age group structure of the population will shift towards 
ageing, the population above working age will increase, and the population of working age, on the 
contrary, will decline.  WT/TPR/M/345/Add.1  
 
- 243 - 
 
  Thus, the population of working age, which is the main demo graphic basis of the economically 
active population, has decreased by 6 million people over the past 10 years (from 90.2 million in 
2006 to 84.2 million in 2016), while the population under and above the working age has 
increased respectively by 2.7 millio n and 6.6 million people.  
 
According to the medium scenario of the demographic forecast of the Federal State Statistics 
Service of the Russian Federation for the period up to 2030, the population of working age will 
reduce to 79.3 million by 2031 (by 4.95 million people compared to 2016), while the population of 
younger and older ages will reach the value of 27.1 million respectively (increase in 0.7 million) 
and 40.8 million people (increase in 4.8 million).  
 
These trends will lead to a substantial increas e in the demographic load on the working population 
and will simultaneously increase the demand for labour force.  
 
In this regard, the number of priority measures in the field of demography and labour resources 
aimed at restoring economic growth should inc lude economy of labour resources on the basis of 
the reduction of the population mortality, improvement of the health of the population, 
improvement of working conditions and ecological environment, prevention of emigration of 
qualified personnel.  
 
Para 4. 33 
 
Questi on 2  
The federal targeted programme in Russia aims for sustainable development of rural 
areas by encouraging creation of employment in high technology area through provision 
of infrastructure. How will employment in high technology area in rural  areas be 
created? Elaborate with an example.  
 
Questions on Government Report (WT/TPR/G/345)  
Para 2.1 & Para 4.20  
 
Question 3  
Russia has witnessed a decline in its GDP growth during the period from 2009 to 2015. 
What has been the impact of this decline o n employment and unemployment levels in 
Russia? Has diversification of agricultural production resulted in employment 
generation?  
 
Answers to questions 2 and 3  
The sustainable development of rural territories is a precondition for the preservation of lab our 
resources which is one of the main priorities of the implementation of the State programme of 
agricultural development and market regulation of agricultural production, raw materials and food 
for 2013 -2020.  
 
In this regard, the Federal special purpose programme called "Sustainable development of rural 
territories in 2014 - 2017 and until 2020", is also devoted on the stimulation of investment activity 
in the agricultural complex by creating favourable conditions in rural areas and promoting the 
creation  of high -tech jobs in rural areas.  
 
The provision of supportive conditions in rural areas involves primarily the development of 
infrastructure for social purposes (residential houses, schools, buildings of culture, health centres), 
including the part of th em which is associated with the agricultural production, for example, roads, 
transmission lines, water supply infrastructure adjacent to the production facilities.  
 
The creation of high -tech jobs at the village is made at the expense of the organization 
(modernization) of enterprises in accordance with modern (progressive) standards of agricultural 
production and the development of those areas of agricultural production, which are inextricably 
connected with the application of high technology, for example, breeding and tribal work and, 
thus, the creation of breeding and tribal centres.  
 
It is worth noting that despite the fluctuations in the values of quantitative indicators for individual 
areas of agricultural production which have been observed during the specified period (2009 -
2015), in general, the agricultural sector demonstrates the stable growth of production. Besides WT/TPR/M/345/Add.1  
 
- 244 - 
 
  the high -performance means of production are introduced there is a natural quantitative reduction 
of employment in the village (i.e. not  caused by crises).  
 
This problem is resolved through the conversion of workers and through the development of 
alternative types of business activities in rural areas; this problem is solved to some extent by the 
reallocation of labour resources within the  territories of the nearby settlements.  
 
Para 3.9  
 
Question  4  
Given the rising share of service sector in Russia's GDP and the pressure of competitive 
global market, how is the challenge of enforcement of labour being met? What is the 
contribution of this  sector in employment generation over the years?  
 
Answer  
Modern technologies including the "Uberization" of the economy as regards services sectors and 
the involvement of Russia in the global markets definitely create jobs in the field of Internet 
Commerc e and in the services sectors.  
 
High educational level in Russia allows adapting to these challenges quite easily and develop 
rapidly of the respective areas, primarily, in the metropolitan regions and in the metropolitan 
settlements in each of the region s of Russia. At the same time, due to the low formalization of 
these sectors (including the possibility of combination of employment in these sectors with the 
other "main" activity), in recent years, the official data of the structure of employment has 
changed insignificantly.  
 
Para 4.1  
 
Question  5  
It is pointed out that inclusion of Russian companies into the global value chains is 
crucial for Russia's further integration into the multilateral trading system. How would 
Russia ensure decent work in global value chains?  
 
Answer  
To ensure further integration into the multilateral trading system and provide for the enhancement 
of quality of operation for market participants', which are inter alia  engaged in GVCs the Russian 
Federation undertakes a range of mea sures to provide a stable environment for businesses to 
flourish both within the process of integration within the EAEU and within its own territory, such as 
for example - conclusion of FTAs and BITs (81 concluded) development of private -public 
partnership  projects mechanism, implementation of industrial parks and clusters, as well as 
territories of advanced development and special economic zones, development of social and public 
infrastructure mainly in transport, energy and utilities, implementation of a single window tool, 
adoption of new and revision of existing standards.  
 
To that end, various development tools such as industrial parks and clusters, special economic 
zones were implemented in the territory the Russian Federation aimed at improvement of b usiness 
and investment environment at both regional and federal level. These mechanisms are applied 
particularly in high -tech and manufacturing sectors, tourism, port infrastructure, R&D and 
technology commercialization, mastering new types of products, an d used to bring together 
industrial sites and facilities, as well as to promote FDI. Industrial clusters hold considerable 
capacities for innovation -based growth including high - qualified personnel. Educational, scientific 
and manufacturing institutions h ave extensive collaborative linkages within the clusters. The 
relevant legislation provides for reducing administrative barriers, preferential tax and customs 
regimes and other incentives to develop favorable investment and business environment at the 
territories where mentioned development tools are applied. All participants benefit from necessary 
infrastructure provided by federal and local government. There are no legal restrictions for 
participation of foreign companies in the territorial clusters.  
 
As part of the efforts to promote growth of investment and enhance technology transfer within the 
industrial clusters and special economic zones, the Governmental Program me "Economic 
Development and Innovative Economy" was adopted by Decision of the Governme nt of the Russian 
Federation No . 316 of 15 April 2014. This Program provides for a number of measures aimed at WT/TPR/M/345/Add.1  
 
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  enhancement of business environment, investment, innovation and regulation. It includes rules on 
allocation of subsidies from the Federal budget to the budgets of the Russian constituent entities 
and is aimed at the realization of complex investment projects listed in the Program and at the 
development of innovative regional clusters at the territories of given constituent entity of the 
Russian Fed eration. The subsidies from the federal budget to local budgets are allotted for the co -
financing of expenditures relating to the realization of listed projects.  
 
The Russian Federation follows the objective to ascend to top 20 in the ranking of Business 
environment of World Bank by 2020 and takes a number of measures to achieve this goal, thus 
also promoting the participation in GVCs.  
 
At the moment, some instruments intended both to assist investors and to enhance investment 
appeal have been developed. On e of them is public -private partnership (PPP) projects mechanism. 
The key positive effects of a continuously improving legislation in this area include inter alia the 
following:  
  Raising private investments in low margin projects by introducing a mechanism  providing 
for the concessor paying to the concessionaire for the entire list of concession facilities ; 
  Opening up possibilities for intensifying business, reducing expenses and time required to 
prepare a project and conduct tender procedures by providing  private investors with an 
opportunity to enter into concession agreements on their own initiative ; 
  Raising attractiveness of small bank projects by conducting a single tender for facilities 
located in the territory of more than one public legal instituti on. 
 
Also, the project "New Quality of Entrepreneurial Environment" is now being developed for the 
purposes to considerably improve business environment in five areas on the basis of the best 
international practices, according to the World Bank's Doing Bus iness. The project provides for 
implementing targets and models for regulating the entrepreneurial activity and completion of the 
required procedures by entrepreneurs.  
 
The target models set out the course of action to be followed by entrepreneurs ("to -be state") and 
provide for simplified procedures, as well as reduced timeframe and lower costs required to follow 
them in the following five areas: trading across borders (export and import procedures), dealing 
with construction permits, getting electricity a ccess, starting a business, and registering property.  
 
The other initiative is to revise the existing standards or to adopt ones for the implementation of 
technological innovations in the product production. To facilitate promotion and trade in goods 
produ ced in compliance with the new higher standards the Federal Law of 29 June 2015 "On 
standardization in the Russian Federation" No. 162-FZ was adop ted (entered into force in 
July 2016).  
 
Taking into consideration the acceleration of regional integration pro cesses worldwide and the 
global value -added chains development, active integration strategy is key for economic growth.  
 
Currently, Russia's integration experience is largely based on its economic integration within the 
Eurasian Economic Union (EAEU). The EAEU has international legal personality and is established 
by the Treaty on the EAEU. Integration within the EAEU membership promotes and contributes to 
the development of more opportunities in respect of participation in GVCs as resources integrate. 
For Russia as a member of EAEU the intensification of EAEU integration is another factor which 
ensures decent work in GVCs. It includes the reduction of costs through sector -based cooperation, 
the adoption of respective regulatory framework as well as the elab oration of regional technical 
regulations within EAEU.  
 
Russia may participate in any regional integration process in accordance with its obligations within 
the EAEU. It is of great importance to enhance comprehensive trade and investment cooperation 
betwe en Russia, EAEU and the third parties. The conservation of value added chains may lead to 
creation of new trade and investment policy rules on the basis of regional blocs, what poses the 
risk of global trade fragmentation. In this regard, specific measures  will be taken within EAEU in 
order to participate in the GVCs in the most effective and balanced way.  
 
Regional economic integration activities enhancement is also one of the tools.  
Russia actively participates in free trade agreements with Serbia, Viet  Nam and CIS countries. 
Currently there are also other initiatives under consideration to launch FTA negotiations between WT/TPR/M/345/Add.1  
 
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  EAEU and third countries for the purpose of promotion and creation of trade outside EAEU. For that 
purpose, the FTA between EAEU and V iet Nam was signed last year and will enter into force in 
early October 2016.  
 
Besides that there is an initiative to the develop "Single window " mechanism " all over the Russian 
Federation and intra EAEU member states. The Single window tool is expected to  be implemented 
at all customs control points for import/export, e.g. airports, sea ports or dry ports. An electronic 
document submitted to one governmental agency will become available to all interested 
stakeholders. Therefore, it is expected reduce the i nteraction with the governmental authorities to 
the one -entry submission of the documentation in an electronic form and facilitate trade 
respectively.  
 
Para 4.28  
 
Question  6  
How has Russia's industrial policy ensured rational utilization of the labour res ources 
and what measures have been adopted to increase labour productivity?  
 
Answer  
The forecast for the balance of labour resources is developed annually in the Russian Federation, 
as well as regarding the planning of the number of workforce in certain s ectors of industry the 
target numbers on the admission to the budget places in educational organizations of higher 
professional education in various disciplines are compiled annually.  
 
The Government of the Russian Federation has approved the Plan of measu res on ensuring the 
increase of labour productivity, the creation and modernization of  highly productive jobs in 
July 2014 which includes the following main directions of activities:  
1.  Stimulation of investments for the upgrading and the modernization of pr oduction;  
2.  Stimulation of technology upgrading;  
3.  Stimulation of obsolete jobs replacement;  
4.  Creation of conditions for professional development of employees;  
5.  Implementation of measures for the increase in the mobility of labour resources;  
6.  Measures to inc rease the labour productivity in companies with state participation;  
7.  Measures to create the conditions for the increase in  the employment in the areas of 
individual and small business.  
 
Para 5.2  
 
Question 7 
One of the objectives of the Eurasian Economic U nion is creation of a single market for 
labour within the union. How will this be done? How will the aspects like skilling, 
provision of social security, labour mobility, and decent work be dealt in such a 
scenario?  
 
Answer  
According to the provisions of  the Treaty on the Eurasian economic union social security (social 
insurance) (except pensions) of workers of the member States and their family members shall be 
ensured on the same conditions and in the same manner as those of the nationals of the state o f 
employment. In the state of employment, education certificates issued by educational 
organizations (educational institutions, organizations in the sphere of education) of the member 
States shall be recognized without carrying out by the state of employme nt the procedures of 
recognition of education certificates determined by its legislation. The Treaty also establishes the 
right of workers of member States and their family members to receive emergency medical care 
(emergency and urgent care). Eurasian eco nomic commission and the EAEU member States are 
now negotiating the draft of the Treaty on labor pension system of the Union.  WT/TPR/M/345/Add.1  
 
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  17  QUESTIONS FROM CHILE  
Documentos: WT/TPR/G/345 y WT/TPR/S/345  
 
I. Informe de la Secretaría:  
 
2 TRADE AND INVESTMENT REGIME  
2.2 Tra de Policy Formulation  
 
Paragraph 2.11  
Paragraph 2.11 establishes, at its end, that "Moreover, draft regulatory legal acts are subject to a 
regulation impact assessment procedure, and become publicly available within a reasonable time 
period prior to adopt ion to allow for comments."  
 
Question 1  
Chile would appreciate if the Russian Federation could explain what specific legal acts 
are comprehended within this rule, who is allowed to provide comments, how are they 
taken into account, and through which means and period of time those comments must 
be provided.  
 
Answer  
The issue is regulated by Government Resolution No.  1318 of 17 December 2012 "On a regulation 
impact assessment procedure  of drafts regulatory legal acts, drafts amendments to draft federal 
laws, draft decisions of the Eurasian Economic Commission  and on amendments to some 
Government acts performed by federal executive bodies ". Draft acts in the area of entrepreneurial 
and other economic activities regulating relations in the area of organizing  and exercising state 
control (supervision), the relations involved in the levy of taxes and fees in the Russian Federation, 
the relations arising from the process of tax control, appeal taken from acts of tax bodies, actions 
(omissions) of their officials, relations in the area of formation, re -organization  and liquidation of 
legal entities and of their pursuing their activities, relations in the area of establishing, applying 
and observing binding provisions concerning products or the processes of designing  (including 
surveying), manufacturing, construction, erection, adjustment, operation, storage, carriage, sale 
and utilization  relating thereto, concerning the performance of works and provision of services, in 
the area of the procedure and rules for regula ting customs affairs in the Russian Federation, in the 
area of assessment of conformity, in the area of manufacturing process safety, in the area of the 
purchase of goods, works and services by certain legal entities in keeping with the Federal Law  on 
the Purchase of Goods, Works and Services by Certain Types of Legal Entities, and also in the area 
of application of measures of accountability for breach of the legislation of the Russian Federation 
in said areas are sub ject to an assessment of the regulation effect which shall be conducted by 
federal executive bodies in the procedure defined by the Government of the Russian Federation.  
 
Comments could be provided by any person, all comments should be considered by the federal 
executive body responsible for the draft act at issue. The period of time for providing comments 
depends on the degree of  regulation impact and composes from 10 to 45 days. Details are 
available at : http:/ /regulation.gov.ru/#  
 
2.4.2 Regional Trade Agreements  
2.4.2.1 Eurasian Economic Union (EAEU)  
 
Paragraph 2.31   
Paragraph 2.31 establishes that "In May 2015, the Russian Federation and its EAEU partners 
signed a comprehensive free trade agreement with Viet Nam, which is not yet into force".  
 
Question 2  
Chile would appreciate if the Russian Federation explains what chapters are contained in 
that specific FTA.  
 
Answer  
Free trade agreement between the Eurasian economic union and its member states, of the one 
part, and the Socialist Republic of Viet Nam of the other part, contains following chapters: General 
provisions, Trade in goods, Trade remedies, Rules of origin, Customs administration and trade 
facilitation, Technical barriers to trade, Sanitary and phyto sanitary measures, Trade in services, WT/TPR/M/345/Add.1  
 
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  investment and movement of natural persons, State owned, state controlled enterprises and 
enterprises with special or exclusive privileges, Intellectual property, Government procurement, 
Competition, Sustainable develo pment, Electronic technologies in trade, Dispute settlement, Final 
provisions.  
 
2.4.3 Other arrangements  
2.5 Investment Regime  
 
Paragraph 2.42   
Paragraph 2.42 states that "During the period 2008 -15, the Commission received 391 applications 
for foreign inve stment, of which 195 were reviewed by the Commission: in 183 cases preliminary 
approval of the transactions was granted (49 cases with obligations for foreign investors) and in 
12 cases preliminary approval of the transactions was refused; 146 applications  were returned to 
applicants due to not requiring prior approval; 43 petitions were withdrawn by the applicants due 
to the cancellation of the intention to make a proposed transaction; and 7 applications were still 
under consideration."  
 
Question 3  
Chile w ould appreciate if the Russian Federation could specify the reasons behind the 
refusal of the preliminary approval regarding the 12 transactions listed above.  
 
Answer  
Under the Federal Law No. 57-FZ "On the Procedure for Facilitating Foreign Investment in  Legal 
Entities Having Strategic Importance for National Defence and State Security " of 29 April 2008 the 
Government Commission on Monitoring Foreign Investment has the responsibility of granting 
preliminary approval (or denying such approval) of transacti ons entailing the imposition of control 
over juridical persons of strategic importance for the national defence  and the security of the State 
by a foreign investor or a group of persons with the participation of a foreign investor.  
 
In 12 cases mentioned i n the p aragraph 2.42 preliminary approval of the Commission was refused 
on the grounds of revealing factual threats to the state security and national defence of the 
Russian Federation in case of realization of such foreign investors' transactions.  
 
2.6 St arting a Business  
 
Paragraph 2.61   
Paragraph 2.61 states that "the Russian Federation has significantly improved its ranking in the 
World Bank's Doing Business Index over the last few years (Section 1.3), partly due to various 
measures taken under the Nati onal Business Initiative Programme and other recent regulatory 
reforms. Moreover, the Institute of the Entrepreneurs' Ombudsman of the President of the Russian 
Federation, established in 2012, aims to solve problems faced by entrepreneurs in engaging with 
government authorities. The Ombudsman aims to protect the rights of entrepreneurs both at the 
federal and regional levels and is present in most regions of the Russian Federation.50 Each 
Russian federal district also has an investment Ombudsman who reports  to the national 
Ombudsman and oversees efforts to improve the business climate, including the protection of 
foreign and domestic investors."  
 
Question 4  
Chile would appreciate if the Russian Federation could inform about the existence of 
ombudsmen in othe r areas such as foreign investment. Regarding the Entrepreneurs' 
Ombudsman, Chile would like to know what are the eligibility criteria and the selection 
or election process governing his nomination.  
 
Answer  
Today in Russian Federation exist Business Ombud sman, who is especially empowered to protect 
entrepreneurs' interests in dealing with the state authorities. The Business Ombudsmen is 
appointed by President of the Russian Federation. There is no foreign investment ombudsman. But 
Ministry of economic deve lopment of the Russian Federation coordinates the work of other 
ministries on protecting rights and solving problems of foreign investors. The appeals of investors 
are considered by Department of economic policy and public -private partnership.  
 WT/TPR/M/345/Add.1  
 
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  3 TRADE POL ICIES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports   
3.1.7 Anti -dumping, countervailing, and safeguard measures  
 
Paragraph 3.49. The Report of the Working Party on the Accession of the Russian Federation to 
the WTO stated that the Mini stry of Industry and Trade was the national investigating authority for 
safeguard, anti -dumping, and countervailing duty investigations and that: "During the transitional 
period provided for in the Transitional Agreement signed on 19 November 2010, the nat ional 
authority of the Russian Federation would continue ongoing investigations and –would conduct 
new trade remedies investigations in the Russian Federation upon the request of the domestic 
industry of the Customs Union. However, all decisions to impose,  extend, review or terminate 
trade remedy measures would be taken by the CU Commission on the basis of a proposal from the 
Government of the CU Party that carried out the investigation."20 T he transition period ended on 
1 August 2012 when the CU regime bec ame fully operable. The CU agreements, which formed the 
legal basis for the customs union for Belarus, Kazakhstan, and the Russian Federation, were 
codified into the EAEU Treaty, which entered into force on 1 January 2015. The EAEU treaty sets 
out the basi c legislation on trade remedies (Articles 48 -49, and Annex 8). Since 2012, the Eurasian 
Economic Commission's Department for Internal Market Defence (DIMD) has been responsible for 
conducting investigations and imposing trade remedy measures. Decisions to impose trade 
remedies are taken by the Board of the Commission and are binding on all EAEU member States.  
 
Question 5  
As stated in p aragraph 3.49, decisions to impose trade remedies are taken by the Board 
of the Commission. Could Russia please provide for  information regarding the 
composition of this Board of the Commission?  
 
Answer  
The Board of the Commission consists of the Chairman of the Board of the Commission and 9 
Members of the Board (Ministers). Each Member of the Board is responsible for a specif ic policy 
area. These areas include integration and macroeconomic policy, economics and financial policy, 
industrial and agricultural policy, trade, technical regulation, sanitary, phytosanitary and veterinary 
measures, customs cooperation, energy and infr astructure, competition and antitrust, internal 
market, information support and information and communication technologies.  
 
The Board of the Commission is composed of the representatives of the Member States of the 
Eurasian Economic Union based upon the principle of equal representation. Therefore, the Board of 
the Commission consists of 2 representatives from each Member State. The Members of the Board 
are appointed by the Supreme Eurasian Economic Council for a four-year term that may be 
prolonged. The Chairman of the Board of the Commission is appointed by the Supreme Eurasian 
Economic Council for a four-year term on a rotation basis. The term of office of the Chairman 
cannot be extended.  
 
For detailed rules governing the functioning of the Commission please refer to Regulation on the 
Eurasian Economic Commission (Annex No. 1 to the Treaty on the Eurasian Economic Union).  
 
3.3 Measures Affecting Production and Trade  
3.3.3 State trading, state -owned enterprises, and privatization  
 
Paragraph3.156  The de gree of state ownership varies from one sector to another. One report 
estimated that, in 2012, state ownership represented 73% of the transport sector, 45% of oil and 
gas, 35% of utilities, 15% of machinery, and 14% of telecoms.125 More recently, the OECD stated 
that the banking sector is dominated by stated -owned banks: the Central Bank of Russia is the 
majority shareholder in Sberbank, which, in 2012, accounted for almost half of retail deposits and 
one third of bank assets, although its share was declini ng.  WT/TPR/M/345/Add.1  
 
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  Question 6  
As provi ded in p aragraph 3.156, the banking sector is dominated by stated -owned 
banks, could Russia please clarify the reasons of the predominance of state ownership in 
this particular sector?  
 
Answer  
As of 01.09.2016 the Russian Federatio n (including the Bank of Russia) has implemented direct or 
indirect control over 26 credit institutions out of a total of 659 operating credit institutions (or 4% 
of the total number of credit institutions).  
 
The Government of the Russian Federation and t he Bank of Russia carried out a consistent policy 
to reduce State involvement in the capitals of a number of credit institutions. However, the 
persistence of a high share of the State, Bank of Russia in the authorized capital of several major 
credit organi zations, including in the authorized capital of PJSC Sberbank is necessary both to 
ensure social stability (given that, for example, the PSC deployed the largest amount of Sberbank 
deposits by private persons) and for the implementation of the strategic ob jectives of government 
economic policy. Please note that of the 30 largest banks, a list of which is published by the Bank 
of Russia on its official website, only 8 are under the direct or indirect control of the State.  
 
As the necessary conditions mature,  the implementation of action is provided to attract strategic 
investors and the placement of shares in the capital of the State -owned credit institutions, in the 
open capital markets.  
 
At the same time, as a general rule, established by article 9 of the F ederal Act "on banks and 
banking activities" and article 56 of the Federal law "on the Central Bank of the Russian Federation 
(Bank of Russia)", the legislative and the executive authorities, as well as the Bank of Russia do 
not interfere in the operationa l activities of credit institutions. This rule also applies to credit 
institutions, currently under the direct or indirect control of the Russian Federation (including the 
Bank of Russia).  
 
Paragraph 3.158.  According to a report issued by the Accounts Chamb er of the Russian 
Federation in March 2015, the Russian Federation fully or partially privatized 1,180 joint stock 
companies and 274 federal unitary enterprises in 2010 -14. However, privatization proceeds in 
2010-14 were only 40% stock or 35% of state -owne d of the planned total. Amongst other 
reasons, the bulk of the privatization programme has been postponed due to low asset prices, 
compounded by the economic slowdown.  
 
Question 7  
According to Paragraph 3.158, the privatization programme has been postponed  due to 
low asset prices, compounded by the economic slowdown, amongst other reasons. Could 
Russia explain this issue further, as well as provide for the rest of the reasons?  
 
Answer  
Privatization  process has not been postponed , rather it is being implem ented consistently in 
accordance with the programs of privatization of federal property approved by the Government of 
the Russian Federation for the relevant period.  
 
The market value of the assets to be privatized is determined in accordance with the legi slation of 
the Russian Federation on valuation activities. Investment demand for the assets to be privatized 
depends, inter alia, on the current market environment. Such factor as seasonality also plays role 
in the process - there is a decrease in activity  of potential investors within certain periods of the 
year (June - August)  
 
4 TRADE POLICIES BY SECTOR  
4.3 Services  
4.3.2 Telecommunications and postal services   
 
Paragraph 4.137  
 
Question 8  
Chile would be grateful if more information could be provided reg arding the national 
policies and legal regulation the Ministry of Telecom and Mass Communications is WT/TPR/M/345/Add.1  
 
- 251 - 
 
  developing, according to paragraph 4.137, in the areas of personal data processing and 
Internet governance. Шевелева   
 
Answer  
According to the Regulations of the Ministry of Communications and Mass Media of the Russian 
Federation (hereinafter – Minsvyaz of Russia), approved by the Decree of Government of the 
Russian Federation dated 2 June 2004 No. 418 -FZ, Minsvyaz of Russia is a federal executive 
authority carrying out of functions of development and implementation of state policy and legal 
regulation, in particular, in the areas of personal data processing and the development of the 
Internet network.  
 
Minsvyaz of Russia on the basis of and pursuant to the C onstitution of the Russian Federation, 
federal constitutional laws, federal laws, acts of the President of the Russian Federation and the 
Government of the Russian Federation independently adopts, in particular, regulations containing 
the requirements rega rding the information security of information systems including information 
systems of personal data (excluding information systems of critical facilities), information and 
telecommunication networks and other networks of communication.  
 
Thus, Minsvyaz of Russia is one of the main authorities in the Russian Federation that is 
responsible for the implementation of regulations in the sphere of personal data processing and 
the development of the Internet network.  WT/TPR/M/345/Add.1  
 
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  18  QUESTIONS FROM PERU  
Sobre la base de lo señala do en el documento WT/TPR/S/345  del 28 de junio de 2016, el Perú 
tiene las siguientes preguntas:  
 
2. TRADE AND INVESTMENT REGIME  
2.2. Trade Policy Formulation  
 
Párrafo 2.12. With the entry into force of the Treaty on the Establishment of the Eurasian 
Econo mic Union (EAEU) on 1 January 2015, a number of competences in the trade and economic 
spheres were divided between the supranational regulatory bodies of the EAEU (e.g. the EEC) and 
the national executive institutions of the EAEU member States. As a result , trade policy 
formulation in the Russian Federation is implemented through both national and EAEU institutions 
and legislation (Section 2.4.2).  
 
Pregunta 1  
El Perú desea saber qué competencias específicas adicionales a la política comercial 
corresponden a  instituciones nacionales, y cuáles son las materias que se tienen que 
coordinar con la Unión Económica Euroasiática (EAEU). Asimismo, dentro de la política 
comercial, ¿qué lineamientos corresponden a la EAEU y qué otros a las entidades 
nacionales?  
 
Answer  
According to the provisions of Treaty on the Eurasian Economic Union some issues (including trade 
in goods) were transferred to the supranational competence while the rest were kept at the 
national competence of the EAEU member States, where they independ ently determine their 
foreign trade policy regarding trade in services, establishment, activity and the investments with 
third states. Thus Russia can still autonomously conclude RTAs on trade in services, but lost its 
right to do the same at trade in good s area.  
 
3. TRADE POLICIES AND PRACTICE BY MEASURE  
3.1. Measures Directly Affecting Imports  
3.1.7. Anti -dumping, countervailing, and safeguard measures  
 
Párrafo 3.49. The Report of the Working Party on the Accession of the Russian Federation to the 
WTO st ated that the Ministry of Industry and Trade was the national investigating authority for 
safeguard, anti -dumping, and countervailing duty investigations and that: "During the transitional 
period provided for in the Transitional Agreement signed on 19 Nove mber 2010, the national 
authority of the Russian Federation would continue ongoing investigations and –would conduct 
new trade remedies investigations in the Russian Federation upon the request of the domestic 
industry of the Customs Union. However, all de cisions to impose, extend, review or terminate 
trade remedy measures would be taken by the CU Commission on the basis of a proposal from the 
Government of the CU Party that carried out the investigation." T he transition period ended on 
1 August 2012 when t he CU regime became fully operable. The CU agreements, which formed the 
legal basis for the customs union for Belarus, Kazakhstan, and the Russian Federation, were 
codified into the EAEU Treaty, which entered into force on 1 January 2015. The EAEU treaty s ets 
out the basic legislation on trade remedies (Articles 48 -49, and Annex 8). Since 2012, the Eurasian 
Economic Commission's Department for Internal Market Defence (DIMD) has been responsible for 
conducting investigations and imposing trade remedy measure s. Decisions to impose trade 
remedies are taken by the Board of the Commission and are binding on all EAEU member States.  
 
Pregunta 2  
Dado que la autoridad regulatoria de Rusia es el Departamento de Defensa Comercial de 
la EAEU, el Perú desea conocer si lo s criterios de investigación, imposición de medidas, 
entre otros, son de conformidad con los Acuerdos relevantes de la OMC. En caso la 
respuesta sea negativa, el Perú desea conocer los puntos de discrepancias.  
 
Answer  
Paragraph 620 of the Report of the Wo rking Party on the Accession of the Russian Federation to 
the WTO states that "[t]he representative of the Russian Federation confirmed that, from the date 
of accession, compliance with the provisions of the Agreement on Implementation of Article VI of 
the GATT 1994, the Agreement on Subsidies and Countervailing Measures, and the Agreement on WT/TPR/M/345/Add.1  
 
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  Safeguards, whether by the competent authorities of the Russian Federation or the competent 
bodies of the CU , would be ensured".23  
 
In addition, the Treaty on the Func tioning of the Customs Union in the Framework of the 
Multilateral Trading System, signed on 19 May 2011, ensures conformity of the law and practice of 
the Eurasian Economic Union ("EAEU") with regard to application of trade defence measures with 
the releva nt WTO Agreements. Article 2 (1) provides that the Parties shall take measures in order 
to bring the legal system of the Customs Union and the decisions of its bodies into conformity with 
the WTO Agreement, insofar as it is stipulated in the Protocol on Ac cession of each of the Parties, 
including the obligations of each Party taken as one of the conditions of its accession to the WTO.24  
 
Therefore, the standards for investigations conducted by the Department for Internal Market 
Defence of the Eurasian Econo mic Commission and the rules governing the imposition of anti -
dumping, countervailing measures and safeguards in the EAEU are in conformity with the relevant 
WTO Agreements.  
 
3. TRADE POLICIES AND PRACTICE BY MEASURE  
3.1. Measures Directly Affecting Import s 
3.1.7. Anti -dumping, countervailing, and safeguard measures  
 
Párrafo 3.50. Upon accession to the WTO, the Russian Federation made several commitments on 
trade remedy measures including: that trade remedy measures by the Russian Federation or the 
Customs Union would comply with the relevant WTO agreements; and holding consultations on 
safeguards and providing information on trade remedies.  
 
Pregunta 3  
El Perú desea conocer cuál es el grado de implementación de los compromisos en 
relación con las medidas de  defensa comercial.  
 
Answer  
The commitments in relation to trade defence measures have been fully implemented.25  
 
3. TRADE POLICIES AND PRACTICE BY MEASURE  
3.2. Measures Directly Affecting Exports  
3.2.4. Export finance, insurance, and guarantees  
 
Párrafo 3.101. The EAEU Treaty provides for the application of joint measures to promote 
exports of goods originating from the member States to third -party markets; the indicative list 
includes: export credit and export insurance facilities, "made in the EAEU" lab elling, and 
coordinated exhibition, advertising and branding activities. A draft Decision "On measures for 
export development" is undergoing approval at the EEC.  
 
Pregunta 4  
El Perú desea conocer si la Decisión que actualmente está siendo revisada por la 
Comisión Económica Euroasiática (EEC) contiene disposiciones adicionales sobre la 
promoción de exportaciones a las mencionadas por el Tratado de la EAEU.  
 
Answer  
The approved Decision of Intergovernmental Council No. 2 of 29 May 2015 (Council of EEC 
Decisio n No. 34 of 28 May 2015) elaborates the provisions of the EAEU Treaty. Creation of 
consultative body (Council) of development banks of the EAEU member States is provided 
additionally for development of export financing. Annual international forum "Eurasian  week" was 
established for evolving exhibition, fair and exposition activities.  
                                                
23 Report of the Working Party on the Accession of the Russian Federation to the WTO  
(WT/ACC/RUS/70 , WT/MIN(11)/2 ), para. 620. (emphasis added)  
24 See also Report of the Working Party on the Accession of the Russian Federation to the WTO  
(WT/ACC/RUS/70, WT/MIN(11)/2) , paras. 184 -185. 
25 See also Report by the Secretariat ( WT/TPR/S/345 ), paras. 3.50, 3.56 and 3.57.  WT/TPR/M/345/Add.1  
 
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  4. TRADE POLICIES BY SECTOR  
4.1. Agriculture, forestry, and fishing  
4.1.1. Agriculture  
 
Párrafo 4.8. For the agricultural sector, Section XXV of the EAEU Treaty sets out the ba sic 
objectives and a coordinated policy for the EAEU. According to Article 94 of the EAEU Treaty, the 
objectives of the coordinated policy include:  
  balanced development of production and markets for agricultural products;  
  fair competition among the ent ities of the member States of the EAEU, including equal 
access to the common agricultural market;  
  standardization of requirements related to the circulation of agricultural goods; and  
  protection for producers of agricultural goods in the member States o n domestic and 
foreign markets.  
 
Párrafo 4.9. Further details on the implementation of the coordinated policy are contained in 
EAEU Decision No. 94 of 21 November 2014 "On schedule of activities for implementation of the 
CU and SES [Single Economic Space] Member -States' Coordinated Agricultural Policy Concept". 
Among the EEC decisions relating to the coordinated agricultural policy is No. 79 of 15 July 2015 
"On fulfilling obligations to provide information on state support to agriculture in 2015" with the 
aim of information sharing on support to agriculture in the member States of the EAEU.  
 
Párrafo 4.10. At the national level, the Ministry of Agriculture is responsible for agricultural policy 
and legal regulation in the Russian Federation and the subjects o f the Federation are responsible 
for implementing the policy. In addition to its role relating to SPS measures (Section 3.1.9), the 
Federal Service for Veterinary and Phytosanitary Supervision (Rosselkhoznadzor) has some 
responsibilities relating to agricu ltural production, such as soil fertility, quality (as well as safety) of 
grains, cereals and compound animal feeds and their production components, grain production by -
products, and legal issues relating to land use.  
 
Pregunta 5  
El Perú desea saber cuáles  son las materias específicas de política agrícola en las que el 
Ministerio de Agricultura tiene completa capacidad de decisión y cuáles son las materias 
que se tienen que coordinar con la EAEU.  
 
Answer  
The Ministry of Agriculture continues to have full co mpetence to provide national agricultural policy 
and legal regulation in the sphere of agriculture. Under the EAEU there is an intergovernmental 
cooperation on the development of coordinated agricultural policy (agricultural forecasting and 
monitoring, enhancement  of domestic support effectiveness, joint efforts on scientific and 
innovative agricultural development, etc.).  
 
4. TRADE POLICIES BY SECTOR  
4.1. Agriculture, forestry, and fishing  
4.1.3. Fisheries  
 
Párrafo 4.60. The average tariff on imports of fi sh and fish products is 8.1% but varies 
considerably from duty -free for 19% of the 520 fishery and fishery product tariff lines to a 
maximum of 320% ( ad valorem  equivalent), and a standard deviation of 14.5 indicates 
considerable variability from one line to another. In addition, export duties are applied to 106 tariff 
lines at the 10 -digit HS 2012 level, most of which are at 2.5%, but 21 lines are at 5%. In acceding 
to the WTO, the Russian Federation undertook to reduce export duties on fish and fish produ cts to 
zero over a four year period.  
 
Pregunta 6  
El Perú desea conocer cuál es el grado de implementación de los compromisos asumidos 
por Rusia con relación a los derechos de exportación a productos pesqueros.  
 
Answer  
As of 1 September 2016 Russia does not  apply export duties on fish and fish products.  WT/TPR/M/345/Add.1  
 
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  4. TRADE POLICIES BY SECTOR  
4.1. Agriculture, forestry, and fishing  
4.1.3. Fisheries  
 
4.64. In order to prevent illegal unregulated and unreported (IUU) fishing in the EEZ, the 
Government adopted a National P lan under Decree No. 2534-r of 25 December 2013 and a list of 
actions to implement the Plan in Government Decree No. 2661-r of 24 December 2015. Among the 
actions included in the Plan, is the improvement of control of circulation of imported and exported 
aquatic biological resources. Furthermore, as part of the Plan, a review is being carried out to 
enhance the criminal and administrative responsibilities for contraventions of laws and regulations 
related to fisheries and conservation of aquatic biological resources. Also as part of the National 
Plan, international cooperation to prevent IUU fishing and illegal circulation of aquatic biological 
resources is being enhanced and the Russian Federation has concluded bilateral agreements 
relating to IUU fishing w ith China, the Republic of Korea, Japan, the United States, and the 
People's Democratic Republic of Korea.  
 
Pregunta 7  
¿Puede Rusia comentar acerca de los resultados del Plan Nacional y de su plan de 
acciones en las áreas mencionadas en el párrafo 4.64? ¿H a previsto Rusia expandir su 
Plan? Además, el Perú desea conocer qué áreas de cooperación abarcan los acuerdos 
bilaterales sobre pesca ilegal, no reglamentada y no declarada.  
 
Answer  
Under the National Plan to prevent, deter and eliminate illegal, unreport ed and unregulated fishing 
(IUU fishing) and corresponding list of actions Russia has formed the legal framework establishing 
the main principles and content of combating IUU fishing measures. Russia has also created 
effective aquatic biological resources conservation system and system of state control over IUU 
fishing, as well as concluded bilateral agreements on combating IUU fishing with the Republic of 
Korea, Democratic People's Republic of Korea, Japan, China and the United States . These bilateral 
agreements cover, inter alia, information exchange between competent authorities on fish 
products import, and certification of aquatic biological resources catches for ensuring that it was 
legally caught. Currently, Russia has no intentions to expand the Natio nal Plan. The National Plan 
broadly covers the issues of counteracting and combating IUU fishing.  
 
4. TRADE POLICIES BY SECTOR  
4.1. Agriculture, forestry, and fishing  
4.1.3. Fisheries  
 
4.66. According to the notification to the WTO by the Russian Federatio n, support is provided to 
fishing organizations in the form of direct funding from the federal budget to compensate for 
spending on loans for construction and modernization of fishing vessels, fish processing 
infrastructure, and fisheries products storage facilities. The amount of support was Rub 233 million 
in 2013, and Rub 6 million in 2015.  
 
Pregunta 8  
El Perú desea conocer si Rusia ha considerado la construcción de infraestructura a 
través de programas de inversión del gobierno central, regional o local , en vez de 
entregarlo como financiamiento a las organizaciones pesqueras.  
 
Answer  
The Federal Agency for Fishery (Rosrybolovstvo) is currently preparing the rules of providing 
subsidies from the federal budget to the regional budgets to support economical ly viable regional 
programs of fisheries and fish processing development in regions of the Russian Federation. Russia 
plans to apply this new support program from 2018.  
 WT/TPR/M/345/Add.1  
 
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  ADDITIONAL QUESTIONS FROM PERU  
 
4- Trade Policy by sector  
4.1 Agriculture, forestry, and fishing  
4.1.1  Agriculture  
4.1.1.1  Overview  
 
4.2. With such a large area of agricultural land, different climates, growing seasons, and soil types, 
the Russian Federation produces a wide variety of agricultural products, w ith a total value of 
production (at farm gate prices) of Rub 3,472 billion in 2014. Despite the wide variety of 
agricultural production, five products represent over half the value of production (dairy milk, 
wheat, potatoes, pig meat, and poultry meat). In  nominal terms, the value of agricultural output 
has increased substantially over the past ten years; although droughts in 2010 and 2012 caused a 
drop in those years, output recovered quickly. However, in quantity terms, the increase has been 
more modest a nd different products have shown different trends: milk and beef output has 
declined; while maize, sunflower seeds, refined sugar, pig meat, and poultry meat have increased 
by more than 5% per year on average over the past ten years (Table 4.1).  
 
Pregunta 1 
¿Podría comentar Rusia, acerca de su experiencia para enfrentar la sequía y qué factores 
priorizaron para lograr su rápida recuperación en la producción durante los años 2010 y 
2014?  
 
Answer  
One of the main factors of production recovery after droughts o r other natural and anthropogenic 
disasters is financial stability of agricultural producers provided by, inter alia, instruments of the 
State Program me for Agricultural Development and Regulation of Agricultural Products, Raw 
Materials and Food Markets fo r 2013 -2020. The State Program me provides with financial 
instruments of risk management in agro -industrial sector, including:  
  Compensation for the damage caused by emergency situations (including droughts, 
waterlogging);  
  Risk insurance from harvest loss (livestock and poultry loss);  
  Financial recovery of agricultural producers;  
  Compensation for feed costs (temporary targeted measure).  
 
Furthermore, provision of agricultural producers with elite seeds resistant to negative external 
factors might help to overcome adverse effects of calamities as well as to guarantee predictable 
production volumes.  
 
In order to help agricultural producers with recovery after droughts Russia also encourages banks 
and credit organizations to prolong loans and leasing payments . For this purpose the Ministry of 
Agriculture provides banks and credit organizations with assessment acts on loses after calamities, 
relevant registers and the list of affected agricultural producers.  
 
4- Trade Policy by sector  
4.1 Agriculture, forestry,  and fishing  
4.1.1  Agriculture  
4.1.1.3  Policies  
4.1.1.3.2  Domestic policies  
 
4.20.  The State uses a variety of policy instruments to stabilize domestic prices for wheat, rye, 
barley and maize, including public intervention pr ogrammes based on prices set by the Minister of 
Agriculture, and export duties for wheat (below). It was reported that, between October 2012 and 
July 2013, 3.4 million tonnes of wheat were released from the Intervention Fund to reduce 
domestic prices, and,  in 2013-14, 0.6 million tonnes were removed from the market.  Other reports 
stated that 1.7 million tonnes were purchased by the Intervention Fund in 2015 -16 for 
Rub 17.7 billion, bringing total stocks to 3.15 million tonnes.  In October 2015, intervention  prices 
for these products were increased and were set at the same level of each product for all regions of 
the Russian Federation : 
  for wheat, the intervention price for class 3 milling wheat was Rub 10,900 per tonne, for 
class 4 milling wheat Rub 10,400, and class 5 feed wheat Rub 8,800;  
  for food quality rye R ub 7,400;  WT/TPR/M/345/Add.1  
 
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    or fodder barley R ub 7,500; and  
  for maize R ub 6,900.  
 
Pregun ta 2 
Puede Rusia indicar, ¿cuáles son los productos que han recibido apoyo por parte del 
Fondo de Intervención para reducir los precios internos?  
 
Answer  
Agricultural products subject to state commodity interventions can be found in supporting table 
DS:5 o f Russia's domestic support notifications for 2012 -2014 calendar years.  WT/TPR/M/345/Add.1  
 
- 258 - 
 
  19  QUESTIONS FROM INDON ESIA  
Government Report, Page 7, Paragraphs 4.21 and 4.22   
 
1. Would Russia please share the progress on the health assessment for imported fish 
products from Indon esia to accord prompt settlement on the market access for 
Indonesian fish products?  
 
Answer  
While inspecting Indonesian fish processing plants in 2012 numerous violations of national 
veterinary -sanitary requirements were detected. As a result in 2013 tempo rary restrictions were 
introduced on import of fish products from Indonesia to the territory of Russia. Meanwhile, 
regarding guarantees and information obtained from Indonesi a, in 2014 restrictions from 
15 Indonesian plants were withdrawn. If Indonesia cou ld provide guarantees and information on 
violations elimination within Indonesian plants, Rosselkhoznadzor could consider the opportunity to 
fully recommence import of fish products from Indonesia.  
 
Government Report, Page 8, Paragraph 4.34   
 
2. Would Russ ia please share the progress on the plan to impose internal tax for 
imported palm oil products?  
 
Answer  
Russia currently has no plans to impose internal tax for imported palm oil products.  
 
ADDITIONAL QUESTIONS BY INDONESIA  
 
Page 11 Summary 28  (of the Rep ort by the Secretariat)  
 
Import substitution has become a key factor in the agricultural policy of the Russian Federation. In 
August 2014, in response to economic sanctions imposed by some Western countries, the Russian 
Federation introduced a one -year ban  and limits on imports of agricultural and food products 
against such countries. The banned products include certain fresh fruits, vegetables, meat, 
poultry, fish, and dairy products. Sanctions and counter -sanctions have subsequentl y been 
extended.  
 
Questi ons 
Is the policy  that imposes a  one-year ban and limits on imports of agricultural and food 
products to some Western countries still enforced? If so, when will the policy expire ? 
What is the regulation of that policy?  
 
Answer  
Under  the Presidential Decre e No. 305 of 29 June 2016 the agricultural product and food product 
import ban expires on 31 December 2017. The basis for  inclusion of  certain countries into the list 
is set forth in the Decree of the President of the Russian Federation N o. 560 of 6 August  2014 
"About application of special economic measures for the purposes of protection of its essential 
security interest ". According to paragraph 1 of the Decree special economic measures are 
extended to products originating from the countries applying econ omic sanctions to the Russian 
persons or entities. Thus, Russia 's special economic measures  are applied on the basis of 
reciprocity, their duration depends on the removing of the reasons for their adoption.  
 
Page 38 Article 2.49  (of the Report by the Secre tariat)  
 
The Russian Federation has signed 80 investment promotion and protection agreements (IPPAs), 
and has concluded double taxation agreements (DTAs) with 66 countries. In respect of investors 
and their investments, the IPPAs contain, inter alia, provi sions on national treatment and MFN 
treatment with exemptions; guarantees in case of expropriation and rules for compensation of 
losses; free transfer of revenues and profits; and dispute settlement procedures.  
 WT/TPR/M/345/Add.1  
 
- 259 - 
 
  Page 28 Article 2.50  (of the Report by the S ecretariat)  
 
The Russian Federation is member of the Multilateral Investment Guarantee Agency (MIGA) and a 
signatory to the 1958 New York Convention on the Recognition and Enforcement of Foreign 
Arbitral Awards (UNCITRA L). 
 
Questions  
What  policy and strate gy need to be in  place to achiev e Russia's current standing in the 
World Bank's Ease of Doing Business  ranking , especially in terms of investment  ? 
 
Answer  
To considerably improve business environment in five areas of business regulation on the basis of 
the best international practices, according to the World Bank 's Doing Business, the project "New 
Quality of Entrepreneurial Environment" is being developed. The project provides for implementing 
targets and models for regulating the entrepreneurial activity and completion of the required 
procedures by entrepreneurs.  
 
The target models set out the course of action to be followed by entrepreneurs ("to -be state") and 
provide for simplified procedures, as well as reduced timeframe and lower costs required to foll ow 
them in the following five areas: trading across borders (export and import procedures), dealing 
with construction permits, getting electricity, starting a business, and registering property.  
 
The target models provide for the following:  
 
As related to construction: by the end of 2016, special services will be offered for developers in 
Moscow – the so called "procedure calculating tool" and a one sto p electronic shop. By 
September  2016, the share of online services available to constructors will grow fro m 43% to 
86%. From the beginning of 2017, the interdepartmental communication between the state 
authorities will be carried out electronically, which will enable to reduce the time required to 
perform the urban planning procedures down to 129 days.  
 
As re lated to electricity: starting in 2017, an online procedure for connecting the business to 
electricity grids (15 -150 kW) will be available in Moscow and Saint Petersburg. All the procedures 
will take only 90 (rather than 135) days. Each entrepreneur will b e able to sign the connection 
agreement remotely and to pay for it with a bank card.  
 
As related to starting a business: starting in 2017, clients of Sberbank, VTB 24 and other banks 
will be able to open an account and, at the same time, register a busine ss via the Internet from 
anywhere globally and just in four days. On the fourth day, a legal entity registration certificate, 
certificate of registration with the tax authority, and details of the current account will be sent to 
their email and they will b ecome entrepreneurs.  
 
As related to registering property: the time required to register the property will be reduced from 
10 to 7 days. In addition, we are planning to increase the share of documents submitted to the 
Federal Service for State Registration,  Cadastre and Cartography (Rosreestr) in an electronic form, 
and to expand the practice of e -registration by eliminating the need for the applicant's personal 
contact with the registering body.  
 
As related to export and import operations: by the end of 201 6, Big port Saint Petersburg plans to 
introduce a practice of starting unloading of vessels before the examination conducted by the state 
authorities is complete. Advance declarations are expected to be widely used by entities engaged 
in foreign economic a ctivity. This, together with the customs authorities notifying importers of the 
plans to exercise state control procedures in the port, will accelerate the clearance of goods. In 
addition, we are expecting that 94.5% of imports and 99% of exports will be r eleased without an 
examination by customs authorities. In 2017, automatic registration of submitted export and 
import declarations will become available, and the remote customs clearance procedure is 
expected to be implemented in full.  
 WT/TPR/M/345/Add.1  
 
- 260 - 
 
  Secretariat  Report  
 
Summary  
Page 8 Para 7  
"The Ministry of Economic Development, the Ministry of Foreign Affairs and the Ministry of Industry 
and Trade are responsible for foreign trade. When the Russian Federation joined the EAEU, the 
authority over many aspects of its fore ign trade regime was transferred to EAEU institutions, 
notably the Eurasian Economic Commission (EEC). Some of these issues include import tariff rates, 
transit trade, non -tariff measures (e.g. tariff -rate quotas, import licensing, and trade remedy 
procedu res), customs policies (customs valuation, customs fees, and country of origin 
determinations), border enforcement of IPRs, establishment and administration of special 
economic and industrial zones, and the development of technical regulations and SPS meas ures."  
 
Question  
1. Do all members of Eurasian Economic Union (EAEU) implement common regulation in 
the field of Sanitary and Phytosanitary (SPS), including on fish and fish related 
products?  
 
Answer  
There are single SPS requirements common to all the EAEU Me mbers.  
 
2. Would the Russian Federation please give us the details on SPS measures on fish and 
fish related products?  
 
Answer  
Common requirements for fish and fish related products are provided in the CU Commission 
Decision No. 317 as of 18 June 2010. If the regulated products are not in conformity with the 
mentioned requirements the EAEU Members are guided by the EAEU Commission Decisi on No. 94 
as of 9 October 2014.  
 
Page 11 Para 28  
"Import substitution has become a key factor in the agricultural policy of th e Russian Federation. 
In August 2014, in response to economic sanctions imposed by some Western countries, the 
Russian Federation introduced a one -year ban and limits on imports of agricultural and food 
products against such countries. The banned products include certain fresh fruits, vegetables, 
meat, poultry, fish, and dairy products. Sanctions and counter -sanctions have subsequently been 
extended."  
 
Question  
1. Would the Russian Federation please explain the validity period of the agricultural 
product and f ood product import ban to some western countries?  
2. Related to Question No. 1, please share us the information concerning the basis of the 
said policy?  
 
Answer  
Under Presidential Decree No. 305 of 29 June 2016 the validity period of the agricultural produc t 
and food product import ban expires on 31 December 2017. This ban was introduced on the basis 
of the Law on special economic measures dated 30  December 2006 No. 281FZ.  
 
1 Economic Environment  
1.1 Main Features of the Economy  
 
Page 13 Para 1.1  
"The Russi an Federation ranks tenth in the world economy, with a nominal GDP of around 
US$1,326 billion in 2015. It is the largest nation covering more than one eighth of the world's 
inhabited area, and has a wide range of landforms with abundant mineral, energy, fo rest, and 
water resources. It is also the world's second -largest oil and gas producer, the fourth -largest 
producer of electricity, and has become one of the most ener gy-intensive economies 
(Section  4.3.3). Oil -related activities contribute some 20% to GDP,  and represent two thirds of 
merchandise exports and about half of federal government revenues. The Russian Federation has 
a relatively well -developed railway network but a poor road system. " 
 WT/TPR/M/345/Add.1  
 
- 261 - 
 
  Page 13 Para 1.2  
"The Russian economy is relatively diversified . Commercial services are the main contributor to its 
output, with an estimated 62.3% share of GDP in 2015, followed by manufacturing; mining and 
quarrying; construction; and agriculture and related activities (Chart 1.1). The Russian Federation 
is one of the world's largest manufacturers. The main industries include oil and gas, mining, 
processing precious stones and metals, aircraft building, aerospace production, weapons and 
military machinery manufacture, electric engineering, pulp and paper production,  automotive 
industry, transport, and agricultural machinery production."  
 
Question  
1. Would the Russian Federation please share its experience and policies in commercial 
services?  
 
Answer  
The sectors of the Russian economy including sectors of commercial serv ices have been 
developing historically depending on the available resources and demands of the consumers. In 
most services sectors development was based on competition, specific stimulus or regulations 
applied in only few of them like natural monopolies or  financial services. Russia conducted open -
border policy in respect of services and services suppliers from abroad, with few areas where their 
activity was prohibited or restricted.  
 
2. Would the Russian Federation please share its experience in developing th e domestic 
heavy industries?  
 
Answer  
The diversification of Russian economy is a result of reforms carried out in the Russian Federation, 
in particular in connection with Russia 's accession to the WTO. The main scenario of economic 
development of the Russi an Federation was determined in 2008. Its description was provided in 
the Decree of the Government of the Russian Federation No. 1662-r of 17 November 2008.  
 
The Federal Law No. 488-FZ of 31 December 2014 on industrial policy in the Russian Federation 
was adopted further to of the mentioned Decree. The main goals of Russian industrial policy are 
development of high -technology competitive industries with minimum state control, focus of the 
support measures on innovative, high -tech and environmentally friendl y industrial products, 
development of scientific and technological base, application of new saving and environmentally 
friendly technologies, effective use of material, financial, labor and environmental sources.  
 
2 Trade and Investment Regime  
2.5 Investme nt Regime  
Page 38 Para 2.49  
"The Russian Federation has signed 80 investment promotion and protection agreements 
(IPPAs)37, and has concluded double taxation agreements (DTAs) with 66 countries.38 In respect of 
investors and their investments, the IPPAs co ntain, inter alia , provisions on national treatment and 
MFN treatment with exemptions; guarantees in case of expropriation and rules for compensation 
of losses; free transfer of revenues and profits; and dispute settlement procedures."  
 
 WT/TPR/M/345/Add.1  
 
- 262 - 
 
  20  QUESTIONS FROM TH E SEPARATE CUSTOMS T ERRITORY OF TAIWAN, PENGHU, 
KINMEN AND MATSU  (CHINESE TAIPEI)  
PART I: REGARDINGTHE SECRETARIAT REPORT(WT/TPR/S/345)  
 
3. TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.6 Intellectual property righ ts 
3.3.6.3 IP administrative and enforcement systems  
 
Page 99 (Para 3.209 -3.210 ) 
3.209. In addition to the FIPS, Rospatent has two other subordinate organizations: the Federal 
Agency for Legal Protection of the Results of Intellectual Activity of Military,  Special and Dual 
designation (FAPRID) which has similar functions to FIPS, but is limited to providing legal 
protection for the results of intellectual activity of military and special and dual designation;…  
 
3.210. In addition to Rospatent, there are sev eral other governmental agencies responsible for the 
regulation and administration of IPRs: the Prosecutor's Office is responsible for surveillance of the 
execution of IP laws; the Russian Interior Ministry is responsible for investigating pirates, 
counter feiters and distributors of counterfeit goods; the Defence Ministry and the Federal Security 
Service are responsible for patent issues in the field of military and defence; …  
 
Question(s)  
1. If there are differences between the FAPRID,  the Defence Ministry an d the Federal 
Security Service in how they manage their IPR -related affairs, could the Russian 
Federation please describe exactly how they differ in this respect.  
 
Answer  
FAPRID ensures recording the results of research, development and technological works  of 
military, special and dual designation, including those covered by legal (patent) protection and 
those that are not covered by legal protection, but have potential commercial value.  
 
In the field of intellectual property, the Defence Ministry (a) provi des for the patent and licence, 
research and innovatory activities, including the examination of applications and patents granting 
for secret inventions subject to army and military equipment, (b) exercises management of rights 
of the Russian Federation to  results of intellectual activity that are under the authority the Defence 
Ministry, including the exclusive rights thereon, (c) exercises the monitoring of their use and (d) 
participates in the activities on legal protection thereof.  
 
Federal Security Se rvice, acting in the framework of its competences, ensures protection of results 
of intellectual activity that have direct connection to defence and security of the state.  
 
3.3.6.5 Trademarks  
Page 104 (Para. 3.234 ) 
Trademarks and service marks are defined as  "signs capable of individualizing goods, work or 
services of legal entities or individual entrepreneurs". The signs can be words, figurative, three -
dimensional or other signs or their combinations in any colour or combination of colours. 
Registration of t rademarks and service marks can be carried out with regard to a specified list of 
goods and services. (Articles 1477 and 1482).  
 
Question(s)  
2. Can smell/olfactory trademarks be registered and protected in the Russian 
Federation under the definition and relat ed Articles mentioned above?  
 
Answer  
Smell/olfactory trademarks may be registered in accordance with the legislation of the Russian 
Federation. The words "other signs" in the Article 1482 of the Civil Code of the Russian Federation 
may cover, among others,  smell/olfactory, positional, sound trade marks, etc.  
 
3. If so, are there any English language versions of the examination guidelines and 
reports of cases relating to smell/olfactory trademarks available for our reference?  
 WT/TPR/M/345/Add.1  
 
- 263 - 
 
  Answer  
Applicable laws and regulat ions of the Russian Federation (guidelines on examination of trade 
mark applications) do not contain specific provisions with regard to smell/olfactory trade marks. 
There have been no cases of registration of smell/olfactory trade marks in the Russian Fede ration 
so far.  
3.3.6.6 Patents  
 
Page106 (Para. 3.247)  
A utility model has to meet the novelty and industrial applicability requirements, while the 
industrial design must be new and original (CC RF Articles 1351 -1352). Law No. 35-FZ extends the 
scope of sub stantive patent examination to the patent applications for utility models and industrial 
designs (Articles 3.111 -112) and also applied absolute novelty to the registration of utility models 
and industrial designs (Articles 3.78(a) and 3.79). Under the CC R F, a patent right holder is 
conferred the right of authorship, and the exclusive right to use the patent (Articles 1356 -1358).  
 
Question(s)  
4. Can we assume from the above that before Law No. 35-FZ came into effect, patent 
applications for utility models  were  not subject  to substantive examination?  
 
Answer  
Before Law No. 35-FZ came into force only formal examination was carried out with regards to the 
applications for utility models.  
 
Substantive examination of an application for utility model includes verific ation of whether the 
applied utility model is in conformity with requirements set out in particular in subparagraph 1 of 
paragraph 1 of Article 1351 of the Civil Code of the Russian Federation, i.e. the requirement of 
attribution of the applied object to a n new device.  It should be taken into account that the said 
provision is only applied to the applications filed after Law No. 35-FZ came into force.  
 
5. What are the main reasons why the substantive examination of patent applications 
for utility models is now  required?  
 
Answer  to Question  5 
The provisions regarding the substantive examination patent applications for utility models were 
included with the aim to enhance the legal framework in the field of intellectual property and raise 
the quality of the protec ted objects.  
 
4.TRADE POLICIES BY SECTOR  
4.2. Mining and Energy  
4.2.1 Legislative framework  
 
Page 135 (Paras.4.69& 4.72)  
4.69. In general, there are three different types of activity licenses for minerals and hydrocarbons: 
exploration; production; and comb ined. Exploration licenses are obtained from the Federal Agency 
for Mineral Resources and are valid for five, seven, or ten years depending on the location where 
the exploration is to take place. Production and combined licenses are usually granted followi ng an 
auction or tender process. In general, a license is non -transferable and may only be transferred to 
a subsidiary incorporated in the Russian Federation or to another company within the same group 
if the legal structure or status of the holder changes . Subsoil blocks on the continental shelf are 
subject to a special licensing regime.  
 
4.72. From 1 January 2016, the MRET on natural gas and gas condensate produced by PJSC 
Gazprom was effectively increased. Under Article 342.4 of the Tax Code of the Russ ian Federation, 
the coefficient for recovery in the MRET formula was increased from 15% to 20.51%. According to 
the authorities, this change was an exceptional measure for 2016 only.  
 WT/TPR/M/345/Add.1  
 
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  Question(s)  
6. Under the Subsoil Law, are there any legal or material rest rictions on foreign 
companies  concerning their  exploration and production of natural gas and oil?  
 
Answer  
According to the law of the Russian Federation No. 2395-I of 21 February 1992 on the Subsoil 
terms and conditions for foreign investors to gain access  to the right to use subsoil plots (except 
for the subsoil plots of the continental shelf of the Russian Federation) depend on whether the 
subsoil plot has the status of federal significance.  
 
The list of subsoil plots of federal significance is officially  published by the federal authority of the 
management of the state subsoil fund in accordance with the procedure established by the 
Government of the Russian Federation in the official publication of the Russian Federation.  
 
In accordance with the A rticle 2.1 of the Law "On Subsoil" the following plots shall pertain to 
subsoil plots of federal significance:  
1)  those containing deposits of uranium, high -purity quartz raw materials, rare earths of the 
yttria group, nickel, cobalt, tantalum, niobium, beryllium, lithium, primary diamond 
deposits or primary (ore) deposits of metals belonging to the platinum group with deposits 
included in the state balance sheet of minerals starting from 1 January 2006;  
2)  those located in the territory of a constituent entity of the  Russian Federation or in the 
territories of constituent entities of the Russian Federation and containing the following 
deposits (on the basis of data of the state balance sh eet of minerals starting from 
1 January 2006):  
  - with recoverable oil reserves starting from 70 million ton nes; 
  - with natural gas reserves starting from 50 billion cubic metres;  
  - primary (ore) deposits with gold reserves starting from 50 ton nes; 
  - with copper reserves starting from 500 thousand ton nes; 
3)  those of internal sea waters, territorial sea and the continental shelf of the Russian 
Federation;  
4)  those which disposal involves the use of land plots pertaining to defence and security 
lands.  
 
If during a geological survey of subsoil carried out, in particular, on the basis o f a combined 
licence, the subsoil user being a juridical person with the participation of foreign investors or a 
foreign investor a mineral deposit is discovered with the characteristics of a subsoil plots of federal 
significance, the Government of the Rus sian Federation can adopt a decision on the denial of 
granting the right of using the subsoil plot for exploration and extraction of minerals on this subsoil 
plot of federal importance to such juridical person or, in case of geological exploration of subso il 
under a combined licence, the decision to terminate the right of using the subsoil plot for 
exploration and extraction of minerals on this subsoil plot of federal importance, if there is a threat 
for the defence of the country and the security of the St ate.  
 
According to the amendments to the Law of the Russian Federation "On subsoil" the appearances 
of the strategic minerals as well as placer and technogenic deposits of diamonds and metals of the 
platinum group were excluded from the category of subsoi l plots of federal significance (Federal 
Law of 03.06.2016 No. 279-FZ "On amending the Law of the Russian Federation "On subsoil").  
 
Earlier, the Law of the Russian Federation "On subsoil" provided the opportunity for the Russian 
subsoil users to carry out  exploration and extraction of minerals on subsoil areas of federal 
significance until the completion of geological study. In this case the receipt of the decision of the 
Russian Government to start exploration and production is no longer required (Federal  Law of 
29 November 2014 No. 459-FZ "On amending the Law of the Russian Federation "On subsoil" and 
certain legislative acts of the Russian Federation).  
 
Prior to the adoption of this amendment before the start of the extraction the completion of 
geologica l study of subsoil was required as well as obtaining the corresponding decision of the 
Government of the Russian Federation. Now this mechanism is preserved only in respect of 
companies under the control of a foreign investor and directly of foreign invest ors. 
 
The amendments to the Federal Law of 29  April 2008 No. 57-FZ "On the Order of Investing by 
Foreign Persons in Companies Having Strategic Importance for the Ensuring of the Defence of the WT/TPR/M/345/Add.1  
 
- 265 - 
 
  Country and the Security of the State" that provided for the in crease in the threshold values of the 
criteria for the belonging of an economic entity -subsoil user in subsoil areas of federal importance 
under the control of a foreign investor from 10% to 25% (the Federal Law of 16  November 2011 
No. 322-FZ "On amendment s to Article 6 of the Federal Law "On Foreign Investment in the 
Russian Federation" and Federal Law "On the Order of Investing by Foreign Persons in Companies 
Having Strategic Importance for the Ensuring of the Defence of the Country and the Security of 
the State".  
 
In addition, the Ministry of Natural Resources of Russia has developed the draft law establishing 
the Institute of prior consent for the provision on the right of use of subsoil areas of federal 
significance using a combined license.  
 
This draft  law provides a mechanism for the minimization of the risks of not receiving the right to 
use the outdoor subsoil plot for the exploration and extraction of minerals as well as risks of the 
termination of the right of subsoil use (in case of a combined lic ense) expressed in the opportunity 
of obtaining in advance of the prior consent of the Government of the Russian Federation.  
 
7. Could you please elaborate further on the exact meaning of the term "exceptional 
measure"? Also, when and under what conditions wo uld the exceptional measure be 
enforced? And, is there any time -frame  in place for the current MRET  on natural gas 
to be abolished?  
 
Answer  
Due to the effect of devaluation (depreciation of the rouble) the exporters of Russian natural gas 
have an additiona l income.  
 
According to Article 3 of the Federal Law of 18.07.2006 No. 117-FZ "On gas export" the exclusive 
right to export gas is be granted to the organization being the owner of the unified gas supply 
system (PJSC "Gazprom") or to subsidiaries thereof i n whose authorized capital the share of 
participation of the organization being the owner of the unified g as supply system amounts to 
100% . 
 
In order to  adjust budgetary policy to new economic environment  the Federal law dated 
28 November 2015 No. 325-FZ "On amending to part one and articles 342.4 and 342.5 of part two 
of the Tax code of the Russian Federation" was adopted (regarding the increase in the exemption 
ratio for PJSC "Gazprom" and its subsidiary (affiliated) companies when calculating the rate of  the 
extraction tax on gas extraction from 0.15 to 0.2051).  
 
4.2.5 Gas  
Page 1 41 (Para. 4. 101) 
Gazprom is the only entity with permission to export gas out of the territory of the Russian 
Federation. Gazprom is 38.4% state -owned, with another 11.9% owned by  companies controlled 
by the State. The remaining shares of Gazprom are privately owned. In 2014, Gazprom produced 
443.9 billion cubic metres of natural and associated gas, 14.5 million tonnes of condensate, and 
35.3 million tonnes of oil. Gazprom accounts  for 12% of the world's gas production. Gazprom also 
purchases gas from central Asian producers, and has a number of joint -ventures and production -
sharing agreements with central Asian producers.  
 
Question(s)  
8. Can you please explain to us how, under your do mestic legal system, the production -
sharing agreements  are categorized or regulated (e.g. the administrative contract, 
the general business contract or the government tender project)?  And, could you 
please provide examples of the terms and conditions that apply to  such agreements?  
 
Answer  
The main regulation concerning production -sharing agreem ents (PSA) is Federal Law of 
30 December 1995 No. 225-FZ "On Production -Sharing Agreements". According to the definition of 
PSA, PSA is an agreement when the Russian  Federation provides the subject of the entrepreneurial 
activity on a repayable basis and for a certain period the exclusive rights of searching, exploration, 
extraction of mineral raw materials at a specified subsoil plot, and for the conduct of related 
works, while the investor has to conduct the specified activities on his account and at his own risk.  
 WT/TPR/M/345/Add.1  
 
- 266 - 
 
  According to Article 6 of 225 -FZ, PSA may be concluded with a winner of a tender which provides 
the highest price for the right to conclude an agreement.  
 
Conditions of a tender should provide for the participation of the Russian juridical persons in the 
implementation of agreements in shares specified by the Government of the Russian Federation.  
 
Terms and conditions of the activities that are carried out in accordance with PSA are specified in 
Article 7 of 225 -FZ they include, but not limited to the following:  
1.  Juridical persons of the Russian Federation have the priority right to take part in the 
conduct of the PSA operations as contractors, suppliers, ca rriers or in any other capacity 
under agreements (contracts) with investors;  
2.  Not less than 80% of all employed personnel engaged in realization of a PSA should be 
citizens of the Russian Federation;  
3.  Foreign workers and specialists should be attracted onl y at the first stages of work on PSA 
or if there are no workers or experts among the citizens of the Russian Federation;  
4.  No more than 70 % of the technical equipment in terms of its value for the extraction, 
transportation and processing (if provided by a n agreement) of minerals acquired and (or) 
used by the investor to conduct works on the agreement is of Russian origin.  
 
4.2.6 Oil and gas transportation  
Page 141 (Para. 4.106)  
Repeated discussions concerning elimination of Gazprom's export monopoly and p ermitting export 
competition by other Russian producers have been unsuccessful. According to the authorities, the 
preservation of a single export channel of natural gas from the Russian Federation through the 
pipelines is in the interests of socio -economic  development of the country because it eliminates 
competition between Russian suppliers and ensures the maximization of sales and tax revenues 
from exports.  
Question(s)  
9. Despite the reasons  given repeatedly by your government for the preservation of a 
single export channel of natural gas, foreign energy companies, NGOs, and academic 
institutions have long been calling for the liberalization of the Russian gas industry. 
How does your government respond to these calls, and what is the current schedule 
for libe ralization of the gas market?  
 
Answer  
According to Articl e 3 of the Federal Law of 18 July 2006 No. 117-FZ "On gas export" the exclusive 
right to export gas is granted to the organization being the owner of the unified gas supply system 
(PJSC "Gazprom") or  to subsidiaries thereof in whose authorized capital the share of participation 
of the organization being the owner of the unified gas supply system amounts to 100 %. 
 
The reason for introducing the single export channel of natural gas is the necessity to p rotect the 
economic interests of the Russian Federation, fulfill international obligations as to gas export, 
ensure security and stability of gas supply, ensure the receipt of revenues by the federal budget 
and to maintain the fuel and energy balance of th e Russian Federation.  
 
Though, there is no specific schedule for liberalization of the Russian gas market, the Government 
of the Russian Federation takes steps in this direction.  
 
For instance the following companies has been granted by the Government of the Russian 
Federation (Order of the Government of the Russian Federation of 14 July 2014 No. 1277-r) the 
exclusive right on export of natural gas in liquid form:  
1. Open joint -stock company "Gazprom";  
2. Open joint -stock company "Oil company "Rosneft"";  
3. Open joint -stock company "Yamal SPG";  
4. Limited liability company "Gazprom export";  
5. Limited liability company "Arctic SPG 1";  
6. Limited liability company "Arctic SPG 2";  
7. Limited liability company "Arctic SPG 3".  WT/TPR/M/345/Add.1  
 
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  10. Are there any legal restrictions o n foreign companies seeking to invest in the 
construction of pipelines?  
 
Answer  
PJSC "Gazprom" carries out functions of the organization – owner of the unified system of gas 
supply, holding exclusive right on export of the natural gas in gas form as provi ded for in the 
Federal Law of 18  July 2006 No. 117-FZ "On gas export".  
 
The rules and the procedures for the procurement of goods, works (including construction -
assembly works), services of PJSC "Gazprom" and Companies of Gazprom Group are determined 
by th e Regulation on the procurement of goods, works and services of PJSC "Gazprom" and 
Companies of Gazprom Group (approved by the decision of the Board of Directors of PJSC 
"Gazprom" of 19 April 2012 No. 1969).  
 
In accordance with this Regulation, procurement  of goods, works and services on the competitive 
basis (including through a tender, request for proposals, auction) is provided for where the 
supplier (contractor, executor) who is able to supply goods, perform works and provide services in 
accordance with  the subject of procurement and its conditions is selected on a competitive basis.  
This Regulation does not restrict the participation of foreign companies in such a tender, request 
for proposals, auction.  
 
PJSC "Transneft"  carries out functions of the ope rator – subject of natural monopoly ensuring 
provision of services for oil and oil products transportation via main pipelines within the Russian 
Federation and abroad as provided for in the Rules on granting non -discriminatory access to the 
services of sub jects of natural monopoly on transportation of oil (petroleum products) via main 
pipelines in the Russian Federation adopted by the Decision of the Government of the Russian 
Federation No. 218 of 29 March 2011.  
 
The rules and the procedures of the procurem ent of goods, works (including construction -assembly 
works), services of PJSC "Transneft"  are determined by the Regulation on the procurement of 
goods, works and services of PJSC "Transneft"  (approved by the decision of the Board of Directors 
of PJSC "Tran sneft" of 30 October 2014, P rotocol No. 21). 
 
This Regulation stipulates, in particular, such means of procurement of goods, works and services 
as the tender, auction, request for proposals, request for quotation, competitive negotiations.  
 
This Regulation  does not restrict the participation of foreign companies in such a tender, auction, 
request for proposals, request for quotation, competitive negotiations.  
 
PART II: REGARDING THE GOVERNMENT  REPORT (WT/TPR/ G/345)  
4. TRADE POLICY  
4.8 Intellectual Property Rights  
Page 11 (Para 4.54) 
In addition, the anti -piracy legislation provides for the possibility to block under a court decision a 
website that has repeatedly and unlawfully posted objects of copyright and related rights (access 
to this website in this cas e cannot be restored).  
 
Question (s) 
11. Please indicate which specific Articles in the anti -piracy legislation govern the Court 
as well as the ISPs and provide more detailed information on the standards that the 
Court takes into consideration in making its dec ision to  block a website, (e.g. how is 
"repetitive infringement" defined,  and how much repetition of the infringement is 
considered sufficient for the website to be blocked)?  
 
Answer   
There are numerous provisions in the legislation that govern the Moscow City Court (authorized to 
consider cases regarding the protection of copyright and related rights on the Internet), in 
particular Article 26 and Article 144.1 of the Civil Procedural Code of the Russian Federation, 
Article 15.2 and Article 15.6 of the Law No. 149-FZ. 
 
In accordance with part 3 of Article 26 of the Civil Procedural Code of the Russian Federation the 
decision regarding the permanent blockage of a web site requires to have at least one court WT/TPR/M/345/Add.1  
 
- 268 - 
 
  judgment in force in favor of the same right holder a nd in respect of the same  website on the 
Internet.  
 
12. Could you please provide examples of any relevant cases concerning the above -
mentioned legislation for our reference?  
 
Answer   
For example, the internet site : http://www.kinokopilka.tv  has been blocked on a permanent basis 
in the territory of the Russian Federation by virtue of the Moscow City Court decision dated 
22 December 2015 (Case No. 3-881/2015 on protection of exclusive rights to movies referring to 
repetit ive infringement of the rights of right holder).  WT/TPR/M/345/Add.1  
 
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  21  QUESTIONS FROM COSTA  RICA  
Report by the Secretariat  
 
Page 37 (paragraph 2.42 )  
2.42. During the period 2008 -15, the Commission received 391 applications for foreign 
investment, of which 195 were reviewed by  the Commission: in 183 cases preliminary approval of 
the transactions was granted (49 cases with obligations for foreign investors) and in 12 cases 
preliminary approval of the transactions was refused; 146 applications were returned to applicants 
due to n ot requiring prior approval; 43 petitions were withdrawn by the applicants due to the 
cancellation of the intention to make a proposed transaction; and 7 applications were still under 
consideration.  
 
Question  
1. Can the Russian Federation please provide more  detail about what kind of 
obligations are imposed to foreign investors who are granted the preliminary 
approval of the application for foreign investment?  
 
Answer  
If the Government Commission on Monitoring Foreign Investment intends to make a decision on 
preliminary approval of the transactions, then before making the decision the Commission shall 
define one or several of the following obligations to be imposed upon the petitioner:  
1)  to form the management bodies of a business entity of strategic importance  from among 
the persons that, according to the legislation of the Russian Federation, can have access to 
the information classified as state secrets. To pursue the measures in order to protect 
state secrets by such a business entity in accordance with the legislation of the Russian 
Federation on protecting state secrets, particularly if it is necessary to provide the access 
of the petitioner – a physical person or executives and members of the staff of the 
petitioner – a legal person to the information clas sified as state secrets, and to formalize 
such an access in accordance with the legislation of the Russian Federation on protecting 
state secrets;  
2)  to continue providing products (goods, services) by such a business entity in accordance 
with the governmen t's defence order;  
3)  to continue executing works on maintaining mobilization capacities by such a business 
entity;  
4)  to offer services by such a business entity at the prices (rates) set in line with the 
legislation of the Russian Federation on natural mon opolies;  
5)  to execute the business -plan for such a business entity presented by the petitioner;  
6)  to immediately adopt by such a business entity the measures determined by the legislation 
of the Russian Federation in case of imposing martial law or announc ing the state of 
emergency in the Russian Federation or its regions, where such a business entity is 
located;  
7)  to retain the average number of staff by such a business entity within the period 
determined by the decision on preliminary approval of the tran saction or on approval of 
established control;  
8)  to process the natural resources, produced by a business entity of strategic importance 
that exploits subsurface areas with federal status, in the territory of the Russian 
Federation;  
9)  to process the aquatic  biological resources, produced by a business entity of strategic 
importance, in the territory of the Russian Federation.  
 
Obligations specified above and based on the federal legislation or other regulatory legal acts of 
the Russian Federation, are uncond itional for the petitioner.  
 
(Article 12 of the Federal Law No. 57-FZ "On the Procedure for Facilitating Foreign Investment in 
Legal Entities Having Strategic Importance for National Defence and State Security " of 
29 April 2008)  
 
Page 98 (paragraph 3.205)  
3.205. In addition to making changes to the substantive IP legislation, the Russian Federation has 
also been in the process of reforming the IP administrative and enforcement systems.  
 WT/TPR/M/345/Add.1  
 
- 270 - 
 
  Question  
1. Can the Russian Federation please provide more information  of the reforms in the IP 
administrative and enforcement systems and how are their results monitored?  
 
Answer  
The information regarding the reforms in the IP administrative and enforcement systems has been 
provided in paragraphs 3.306 – 3.216. In addition  we would like to provide more information 
about Russia's intention to create "mega -regulator" in the field of intellectual property rights.  
 
The main competences in the field of intellectual property are divided among several authorities 
(Ministry of edu cation and science, Ministry of Culture, Ministry of economic development, etc.). In 
order to increase the efficiency of the state politics in the sphere of intellectual property a 
proposition was formed to concentrate the respective competences within the  framework of a 
single authority by creating on the basis of Rospatent a single regulatory organ in the field of 
intellectual property. In particular, it is planned to transfer to Rospatent the competence for 
development and implementation of the state pol icy and for legal and normative regulation in the 
field of intellectual property, including in the sphere of copyright and related rights. It is also 
planned to give Rospatent the competences on state support of creation and legal protection of IP 
rights o bjects, which would allow Rospatent to exercise regulatory and coordination functions of all 
stages of the cycle of life of the IP rights objects (on the stage of creation, protection and use). In 
addition to that, it is planned to transfer to Rospatent th e competences on improving geopolitics 
and legal and normative regulation in the field of IP, as well as on formation on the basis of 
Rospatent of a system for encouraging commercialization of results of intellectual activity. The new 
regulator will not be  in charge of enforcement measures.  
 
Page 103 (paragraph 3.225)  
3.225. While copyright protection is not subject to any registration formalities, the right holder can 
voluntarily deposit his or her work with the Russian Author's Society (RAO), or other or ganizations 
allowing for the deposition of work, and receive a certificate. The voluntary registration of 
computer program mes and databases can be done through Rospatent (Articles 1259 and 1262). 
An application for state registration of a computer program me or a database may cover only one 
computer program me or database (Article 1262).  
 
Question  
1. Can the Russian Federation please provide more information on the advantages of 
depositing works, in particular computer program mes? 
 
Answer  
 Voluntary deposit o f the work allows the author to obtain further evidence on its rights to the 
work, as well as to establish a priority date of its creation. The WTO Secretariat's Report states 
that the copyrights holder may deposit the work on a voluntary basis in one of t he 
organizations that provide such service, and the Russian Authors' Society (RAO) was given as 
an example only. The right holder, for example, can also notarize a copy of his/her work.  
 As the result of registration of rights to the computer program me or the database before 
Rospatent the applicant obtains a document of title (certificate of state registration) with 
regard to such computer program or database and the information on registration of such 
database is published at the official bulletin on the we bsite of Rospatent. The certificate of 
state registration of a computer program or a database may be further used by the rights 
holder as an evidence of authorship and/or existence of property right in court, as well as in 
case of any claims received from third persons regarding infringing use of the computer 
program or database.  
 
Page 143 (paragraph 4.118.)  
4.118. In its GATS commitments, the Russian Federation indicated that it would review the 
operation and necessity for the implementation of temporary d iscretionary measures in the 
banking and insurance sub -sectors within five years of its accession to the WTO  (i.e. by 
August  2017).  
 WT/TPR/M/345/Add.1  
 
- 271 - 
 
  Question s 
2. Can the Russian Federation please provide further information on what kind of 
"temporary discretionary measur es" that could be taken in the ban king and insurance 
sub-sectors?  
 
3. Has the Russian Federation implemented any  "temporary discretionary measures" in 
the banking and insurance sub -sectors so far?  
 
Answer  
Pursuant to the provisions of the Federal Law of t he Russian federation "On banks and banking 
activities" (A rticle 18) (as amended by the Federal Law No. 375-FZ dd. 14  December 2015) once 
specified charter capital ratio (hereinafter – quota) equals 50% the Bank of Russia will:  
-  Deny any application for li censing of a newly established credit institution with foreign 
investments;  
-  Impose a ban on:  
 charter capital increase of credit institutions with the funds raised from foreign 
investors;  
 acquisitions of credit institutions shares by foreign investors sho uld the said 
acquisitions result in quota exceeding . 
 
Measures taken with the view to implement the quota do not affect existing foreign investments in 
Russian banks.  
 
The Bank of Russia will closely monitor the situation and will withdraw the aforementio ned 
measures in case the quota falls below 50%.  
 
The Bank of Russia will post information on measures with respect to quota/withdrawal of these 
measures in official publication "Vestnik of the Bank of Russia" and on Ba nk of Russia's web site: 
www.cbr.ru .  
 
The same applies to insurance sector.  
 WT/TPR/M/345/Add.1  
 
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  22  QUESTIONS FROM PARAG UAY 
Preguntas en relación con el informe de la Secretaria  
 
Can the Russian Delegation provide more details about the import substitution 
programme cited in item 1.10,  especia lly those measures applying to a gricultural 
products?   
 
Answer  
Paragraph 1.10 of the Secretariat Report mentions an anti -crisis plan of the Government of the 
Russian Federation that has been approved with the Decree of the Government of the Russian  
Federation No. 98-r, as of January  2015. In the context of import -substitution the plan deals 
mainly with the support of industrial and high -tech goods, there are no specific provisions for 
import -substitution of agricultural products in the plan.  
 
ADDITI ONAL QUESTIONS FROM PARAGUAY  
 
Informe del Gobierno WT/TPR/G/345  
 
En el punto 3.10 se menciona que se  ha repuntado la exportación de servicios en primer 
trimestres del año 2015, consultamos si cuentan con incentivos para la exportación de 
este sector. Por o tro lado, consultar si existe algún mecanismo para medir el comercio 
del sector servicios, por modo de prestación en Modo 1 y 2.  
 
Answer  
The Bank of Russian (responsible for the statistics in services sectors) does not calculate the data 
of external trade in services subdividing them by the modes of supply.  
There are no specific plans in respect of export promotion in this sphere.  
 
En el punto 4.15 existe una lista "Bona fide" que ciertas empresas de transporte no 
cumplen ciertas medidas aduaneras, que pará metro se utiliza para el efecto.  
 
Answer1 
According to the Order of the Federal Customs Service of Russia as of 31 October 2013 No. 336-p, 
the main requirements are :  
- final owner of the transpor t company is the Russian person;  
- company is financially st able. 
 
As of 5 April 2016, 158 transport companies were included into this list. Th ese companies 
performed over 27, 000 carriages of goods which were under the customs control. Cases of non -
delivery of goods do not exist.  
 
En el punto 4.4 "Política Industri al", se menciona que se cuenta con una política 
industrial que promueve la cadena de valor, la consulta es si Rusia cuenta con una 
política similar de fomento del sector de servicios y si fuera existe algún criterio de 
selección de priorización o se acogen  todos por igual a los beneficios que pueda ofrecer 
el gobierno?  
 
Answer  
There is no such a policy related to promotion of value chains in services.  
 
 
 
 WT/TPR/M/345/Add.1  
 
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  23  QUESTIONS FROM ASEAN  
Report by the Russian Federation  
 
pg. 14, Paragraph 5.9 -5.11 
ASEAN takes note of Russia's Free Trade Agreement that was signed recently with one its 
Members, Viet Nam.  
 
Notwithstanding the Eurasian Economic Union and the CIS, does Russia have any future 
plans to extend such trade agreements bilaterally with other ASEAN Members or with  
ASEAN as a Region?  
 
Answer  
For the Russian Federation s strengthening  and enhancing economic and trade relations with 
ASEAN Members is one of the important tracks of the trade liberalization process.  
 
To date several ASEAN Members such as Cambodia and Si ngapore have already submitted to the 
Eurasian Economic Commission, the supranational body of the EAEU, the requests on FTA with the 
Eurasian Economic Union and its Member States. Their requests are now being considered by the 
EAEU Member States.  
 
At the same time, the Russian Federation is working with ASEAN Members on possibility of 
launching Joint Feasibility Study on  the Free Trade Agreement between the EAEU and ASEAN. But 
this issue should be agreed by all four other EAEU Member States as since the Tr eaty on 
establishing EAEU came into force (on 1 January 2015), the decision to launch FTA negotiation 
process on trade in goods falls under supranational competence.  
 WT/TPR/M/345/Add.1  
 
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  24  QUESTIONS FROM THAIL AND 
QUESTION REGARDING T HE REPORT BY THE SEC RETARIAT  
 
2. TRADE AND I NVESTMENT REGIME  
 
Page 37 (paragraph 2.47)  
 
Question 1   
According to the Trade Policy Review of Russian Federation WT/TPR/S/345 Page 37 
Para 2.47 in this Investment Regime, Thailand would like to seek more clarification on 
which investment sectors, sub -sectors and activities will be covered and specific criteria 
or qualification that foreign investors need to abide by under the privileges  other than 
tax and customs benefit.  
 
Answer  
Additional preferences apart from tax and customs ones are provided in accor dance with the Law 
160-FZ to priority investment projects.  
 
According to 160 -FZ the priority investment project is an investment project that has an aggregate 
amount of foreign investment of at least 1 billion roubles (not below an equivalent amount in 
foreign currency at the exchange rate of the Central Bank of the Russian Federation as of the date 
when the present Federal Law comes into force) or an investment project that has the minimum 
ratio (contribution) of foreign investors in the charter (aggregate ) capital of a commercial 
organization with foreign investment of at least 100 million roubles (not below an equivalent 
amount in foreign currency at the exchange rate of the Central Bank of the Russian Federation as 
of the date when the present Federal La w comes into force) included in the list approved by the 
Government of the Russian Federation.  
 
3. TRADE POLICIES AND PRACTICES BY MEASURE  
 
Page 87 (Section 3.3.4)  
 
Question 2  
Please provide the list of "Natural monopoly businesses" that does not harm 
comp etition or consumers' interest.  
 
Answer  
The functioning of natural monopolies is not an obstacle to competition if access to services, goods 
and facilities of natural monopolies is guaranteed.  
 
The Russian Federation has adopted the rules of non -discrimin atory access to the following 
sectors:  
  transportation of oil and oil products through major pipelines (the Decree of the 
Government of the Russian Federation No. 218 by 29 March 2011);  
  gas transportation through pipelines (the Decree of the Government of  the Russian 
Federation No. 334 3 May 2001);  
  services for electric power transmission (the Decree of the Government of the Russian 
Federation No. 861 by 27 December 2004);  
  services for electric power supervisory control (the Decree of the Government of t he 
Russian Federation No. 861 and No. 854 by 27 December 2004);  
  services for public telecommunications (the Decree of the Government of the Russian 
Federation No. 1284 by 29 November 2014);  
  rail transportation (the Decree of the Government of the Russian  Federation No. 710 by 
25 November 2003);  
  services in transport terminals, ports and airports (the Decree of the Government of the 
Russian Federation No. 599 by 22 July 2009);  
  services for heat energy transfer (the Decree of the Government of the Russian  Federation 
No. 570 by 5 July 2013)  
 WT/TPR/M/345/Add.1  
 
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  Question 3  
How long is average duration of Merger Review?  
 
Answer  
In accordance with Article 33 of the Federal Law No. 315-FZ "On Pro tection of Competition" by 
26 July 2006, time for consideration of the request is 30 d ays. If there is a necessity for an 
additional examination or more detailed information on the request, the time for consideration 
may be extended, but not more than for two months.  
 
4. TRADE POLICIES BY SECTOR  
 
Page 144 (paragraph 4.121)  
 
Question 4  
Acco rding to the Trade Policy Review of Russian Federation WT/TPR/S/345 Page 144 
Para 4.121 in this Banking sector, Thailand would like to seek more clarification on the 
temporary limits on foreign investment in the banking and insurance sectors.  
 
Answer  
Pursuant to the provisions of the Federal Law of the Russian federation "On banks and banking 
activities" (article 18) (as amended by the Federal Law No. 375-FZ dd. 14  December 2015) once 
specified charter capital ratio (hereinafter – quota) equals 50% the Ban k of Russia will:  
  Deny any application for licensing of a newly established credit institution with foreign 
investments;  
Impose a ban on:  
  charter capital increase of credit institutions with the funds raised from foreign investors;  
 Acquisitions of credi t institutions shares by foreign investors should the said acquisi tions 
result in quota exceeding . 
 
Measures taken with the view to implement the quota do not affect existing foreign investments in 
Russian banks.  
 
The Bank of Russia will closely monitor t he situation and will withdraw the aforementioned 
measures in case the quota falls below 50%.  
 
The Bank of Russia will post information on measures with respect to quota/withdrawal of these 
measures in official publication "Vestnik of the Bank of Russia" and on Bank of Russia's website: 
www.cbr.ru .  
 
The same applies to insurance sector.  
 
Page 116 (paragraph 4.20)  
 
Question 5  
Please provide details on how the intervention price programme is in compliance with 
WTO Obligation.  
 
Answer  
State purchasing and commodity interventions represent market price support which is assigned to 
Amber box. Russia provides details on market price support in table DS:5 of Russian domestic 
support notifications for 2012, 2013 and 2014. According to these notifications market price 
support volumes were negative in the reviewed period. Thereby, it did not have trade -distorting 
effect and fell within Russia's reduction commitments. Consequently, market price support is in 
compliance with WTO obligations  of the Russian Federation.  
 WT/TPR/M/345/Add.1  
 
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  25  QUESTIONS FROM THE L DC GROUP  
QUESTIONS RELATIVES AU RAPPORT D U SECRÉTARIAT  ET AU RAPPORT D U 
GOUVERNEMENT  
 
3. POLITIQUES ET PRATIQUES COMMERCIALES PAR MESURE  
 
Droits de douane préférentiels  
Pages 49 - 50 (Paras. 3.37 – 3.38)  
Le groupe des PMA apprécie l'accès préférentiel au marché accordé à ses membres par la Russie et 
les parties à l'Union économique eurasiatique (UEEA), y compris l'accès en franchise totale ou 
quasi totale de droits accordé pour le coton, les produits laitie rs et les fruits et légumes. Les 
importations en provenance des PMA ont connu une croissance régulière au cours de la dernière 
décennie, mais la Fédération de Russie  ne représente toujours que 0,5 % des exportations totales 
des PMA. Cette situation pourrait  être améliorée en revenant sur certaines exclusions de produits. 
Dans l'ensemble, le Secrétariat indique qu'environ 2 ,800 lignes tarifaires (environ 24 % de 
l'ensemble des lignes tarifaires) sont couvertes par le SGP profitant à 48 PMA. D'autres produits 
d'intérêt pour les PMA tels que le sucre, la pulpe de bois et le papier, l'ameublement, les textiles et 
habillement, le cuir, le caoutchouc, les chaussures, le café, le cacao, le thé, etc., restent soumis à 
des droits de douane.  
 
Questions  
1. La Fédération  de Russie peut -elle indiquer le pourcentage des importations totales 
en provenance des PMA actuellement couvertes par le programme SGP, et la proportion 
de ces produits bénéficiant effectivement d'un accès en franchise de droits?  
 
Answer  
In 2015 the perc entage of the total Russian imports from LDCs covered by the GSP amounted to 
30%. In respect of goods originating and imported from LDCs, in whose importation tariff 
preferences are granting, zero rates of import customs duties are applied.  
 
2. La Fédérati on de Russie peut -elle indiquer aux PMA la procédure à suivre pour 
bénéficier du traitement d'accès préférentiel au marché prévu par son programme 
d'accès en franchise de droits?  
 
Answer  
According Article 2 of the Protocol on the Common System of Tariff P references of the Customs 
Union of 12 December 2008, the list of the LDCs using the system of tariff preferences includes 
countries from the UN list of the LDCs.  
Under the section VIII "Administrative collaboration " of the Agreement on rules of origin of g oods 
originating in developing an d least developed countries of 25 January  2008, the country -
beneficiaries of the Common System of Tariff Preferences shall submit to the Eurasian Economic 
Commission information about the names, addresses and legible specim en impressions of stamps 
of the bodies authorized to certify the origin of the goods. If the country -beneficiary fails to submit 
such information the goods will be levied customs duties on MFN basis.  
 
3. Le rapport du Secrétariat indique que lors de son ac cession à l'OMC, la Fédération de 
Russie a consolidé six contingents tarifaires dans sa liste d'engagements, concernant 
entre autres le bœuf, le porc ou le poulet (para. 3.33). Ces contingents s'appliquent -ils 
aussi aux PMA dans le contexte du programme d' accès en franchise de droits mis en 
place par la Fédération de Russie ? 
 
Answer  
Yes, because currently these products are not subject to tariff preferences under GSP scheme of 
the Eurasian Economic Union.  
 
4. La Fédération de Russie peut -elle indiquer quand  elle mettra en œuvre ses 
engagements, figurant au paragraphe 3 20 de son rapport du Groupe de t ravail 
d'accession (et tels que mentionné au paragraphe 1450 et au paragraphe 2 de son 
Protocole d' accession), qui permettraient d'accroître l'accès FDSC, confor mément aux 
Décisions de Bali et Hong -Kong prévoyant d'étendre l' accès FDSC à 97 % des produits 
additionnels exportés par les PMA ? WT/TPR/M/345/Add.1  
 
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Answer  
According to Article 45 of the Treaty on the Eurasian Economic Union of 29 May 2014 and 
paragraph 21 of Annex 1 of the Decision of the Supreme Eurasian Economic Council No. 98 of 
23 December 2014 a list of goods originating from developing and least developed countries in 
respect of which tariff preferences are provided during importation into the customs territory of 
the Union should be approved by the Council of the Eurasian Economic Commission. According to 
Article 18 of the Treaty on the Eurasian Economic Union of 29 May 2014, decisions of the Council 
of the Eurasian Economic Commission shall be taken by consensus.  
 
Russia has made a proposal to expand the list of goods originating from developing and least 
developed countries in respect of which tariff preferences are provided. Currently, Russia 's 
proposal is under consideration by the member -states of the Eurasian Econ omic Union.  
 
Rapport du Secrétariat Page 46 (Table 3.3)  ; Rapport du Gouvernement Page 5 (Para. 
4.1) 
Le rapport du Secrétariat souligne que la Russie maintient des crêtes tarifaires. Par ailleurs, le 
Rapport du Gouvernement indique que la politique de droi ts de douane de la Fédération de Russie 
est basée sur la progressivité des droits, impliquant l'application de taux plus élevés sur les 
importations de produits semi -transformés ou de produits finis.  
 
Question s 
5. Y a-t-il des produits issus des PMA qui s ont affectés par les crêtes tarifaires et la 
progressivité des droits ? 
 
Answer  
For example, sugar, meat, poultry are the subject to tariff peaks. Examples of tari ff escalation are 
the following: cotton, tobacco, raw skins, semi -processed leather.  
 
6. Est-ce que les produits des PMA soumis à la progressivité des droits et aux crêtes 
tarifaires peuvent bénéficier d'une suppression de ces dernières dans le cadre du 
programme d' accès FDSC ?  
 
Answer  
According to Article 36 of the Treaty on the Eurasian Economic Union of 29 May 2014, in respect of 
preferential goods imported into the customs territory of the Union and originating from least 
developed countries which are b eneficiaries of the common system of tariff preferences, zero rates 
of import customs duties of the Common Customs Tariff of the Eurasian Economic Union shall be 
applied. Products included into the list of goods originating and imported from LDCs imported 
under tariff preferences, may not be subject to tariff peaks for LDCs ' import.  
 
Facilitation du Commerce  
Rapport du Secrétariat Page 42 (Para 3.12) et Rapport du Gouvernement Page 6 (Paras. 
4.11 et 4.13)  
Le Rapport du Secrétariat indique qu'en 2015 l'entr ée de biens en Russie nécessitait 10 documents 
et 96 heures […] pour l'importation et un coût de US$1,125". Cependant, le Rapport du 
Gouvernement fait état de mesures qui, à la fin 2015, ont permis de ramener le nombre de 
documents nécessaires aux importat ions de 8 à 6, et d'une durée  des opérations douanières de 
1h37 minutes, en l'absence de demande d'inspection complémentaire. Les fournisseurs originaires 
des PMA s'intéressent aux obstacles non tarifaires, notamment les contraintes administratives et 
procédurales.  
 
Questions  
7. La Russie confirme -t-elle le Rapport du Secrétariat à ce sujet?  
 
Answer  
The Russian Federation can not confirm the data in the Secretariat Report (para 3.12).  
The full data in the Government report (paras 4.11 and 4.13) has been pr ovided according to the 
official information of the Federal Customs Service.  
 WT/TPR/M/345/Add.1  
 
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  8. Comment les Rapports du Secrétariat et du Gouvernement peuvent -ils êtr e rétablis de 
façon concordante ?  
 
Answer  
Only the official statistical data was used throughout the Gov ernment Report that has been 
provided by the federal executive bodies, such as the Federal Customs Service of Russia, while the 
Secretariat used publicly available information from the online resources (such as the OECD 
reports, IMF reports and the World B ank data). The Russian Federation thus cannot guarantee the 
accountability of the statistical data contained in the Secretariat Report. Consequently, to make 
the findings of both report  more in line with each other we suggest that the official data provide d 
by the Russian Government is used by the Secretariat rather than information from other sources 
on the internet.  
 
9. Ce processus a -t-il impliqué des activités com merciales en provenance des PMA ?  
Si oui, la Russie peut -elle prendre des mesures en faveur  des PMA pour permettre un 
traitement accéléré à l'égard des produits importés de puis les PMA ? 
 
Answer  
The EAEU customs legislation currently has no specific provisions for customs procedures 
simplification depending on country of origin.  
 
Page 42 (Paras 3 .13 – 3.15)  
Le Rapport du Secrétariat souligne également les efforts de simplification des procédures entrepris 
par la Russie, et précise que celle -ci a déjà déposé son instrument d'acceptation de l' Accord sur la 
Facilitation des é changes (AFE) à l'OMC.  
 
Question  
10. Bien que l'accord AFE ne soit pas encore entré en vigueur à l'OMC, le Groupe PMA 
souhaiterait savoir s'il existe actuellement des procédures permettant de faciliter le 
processus d'exportation vers le territoire de la Fé dération de Russie pour  les PMA ?  
 
Answer  
Prior to the TFA entry into force, facilitation of imports to Russia is possible by obtaining 
information directly from foreign customs services, including customs service of the country of 
departure on the customs control forms carried out when goods are exported (framework of 
Mutual Recognition of Custom Control Re sults where available ). The organization of such 
cooperation can significantly speed up and simplify customs operations using the framework of risk 
management information rece ived from the customs service of a foreign state and having the 
status of a high level of trust.  
 
Règles d'Origine  
Le Groupe des PMA se félicite de la règle d'origine actuelle de la Russie appliquée aux produits des 
PMA bénéficiant de préférences et intégr ant des intrants en provenance des pays en 
développement. Également , le Groupe des PMA se félicite de l'engagement de la Russie, dans le 
cadre de son protocole d'accession, à appliquer immédiatement l'accès aux marchés FDSC, 
conformément à l' Annexe F de la  Décision de Hong Kong sur l'accès aux marché FDSC au moment 
de l'accession.  
 
Questions  
11. La Russie peut -elle confirmer que cette règle d'origine permet 50% d'intrants en 
provenance des pays en développement?  
 
Answer  
Russia confirms that under the Agreem ent on Rules of Origin of Goods from Developing and Least -
developed Countries of 12 December 2008 for the goods to determine as originating the ad 
valorem  percentage of originating materials in countries eligible for tariff preferences shall be at 
least 50  % of the total declar ed value of the product (VAC 50 %). 
 WT/TPR/M/345/Add.1  
 
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  12. Lorsque la Russie mettra en œuvre son engagement vis -à-vis des PMA sur l'accès 
aux marchés FDSC, pourra -t-elle s'assurer que ses règles d'origine actuelles en faveur 
des produits des PMA bénéfic iant de préférences seront maintenues, et que, pour les 
produits des PMA contenant des intrants de pays non préférentiels, la Russie ap pliquera 
la Décision de Nairobi ? 
 
Answer  
The Agreement on Rules of Origin of Goods from Developing and Least -developed Co untries of 
12 December 2008 s et forth the application VAC 50 % as a horizontal criteria for substantial 
transformation of goods to determine as originating in countries eligible for tariff preferences. The 
mentioned Ministerial Decision stipulates more libe ral criterion depending on the type of products. 
Therefore to implement such Decision currently applied rules are to be amended on the customs 
territory of Eurasian Economic Union based on the Article 37 of the Treaty on Eurasian Economic 
Union of 29 May 2 014. As Member State of EAEU the Russian Federation has recently initiated the 
consultations on the implementation of the respective Ministerial decision within the framework of 
EAEU.  
 
Sauvegardes  
Page 56 (Para. 3.54)  
Le Tableau 3.13 du Rapport du Secréta riat dresse la liste des mesures d'exception et de 
sauvegarde en place, à la date de Mai 2016. Cette liste fait apparaître que la vaisselle et les 
ustensiles de cuisine en porcelaine font l'objet de mesures de sauvegarde.  
 
Question  
13. Ces mesures de sauv egarde ont -elles affecté des exportations de vaisselle et 
ustensiles de cuisine en provenance des PMA ?  Si oui, lesquelles ?  
 
Answer  
The Russian Federation notes that T able 3.13 provides information on trade defence  measures as 
of May 2016. The safeguard m easure at issue will expire during the days of the trade policy review 
session, more specifically on 29 September 2016.  
Rules governing exemptions of a product originating in a developing or a least developed third 
country from a safeguard measure are spe cified in paragraphs 9 -10 of the Protocol on Application 
of Safeguard, Anti -Dumping and Countervailing Measures with respect to Third Countries .26 
 
Normes  
Page 65 (Para. 3.85)   
Au vu des ressources financières, humaines et techniques limitées des exportateu rs issus des PMA, 
le respect des normes SPS internationales et autres exigences des marchés d'importation 
représente un défi constant. La capacité à répondre à ces normes est en particulier cruciale pour 
les produits agroalimentaires à forte valeur ajoutée . Selon le Rapport du Secrétariat, la Fédération 
de Russie a procédé à 176 notifications de mesures SPS à l'OMC depuis son adhésion.  
 
Question  
14. La Fédération de Russie dispose -t-elle de mécanismes permettant d'aider les 
négociants issus des PMA à respe cter les critères SPS de la Fédération et plus largement 
de l'UEEA ? 
 
Answer  
Within the framework of the Eurasian Economic Union (EAEU) issues of assistance to LDCs are 
currently being addressed. In particular, the procedure on application of the EAEU tarif f 
preferences in respect of goods originating in LDCs has been established. There are a number of 
training programs, round tables and seminars that are in place in order to provide technical 
assistance in complying with requirements for agricultural produc ts, including SPS -requirements. 
The Russian Federation stands ready to provide additional information and consultations in respect 
of supplies of agricultural goods from LDCs.  
 
                                                
26 See Notification  of Laws and Regulat ions under Articles 18.5, 32.6 and 12.6 of the Agreements by the 
Russian Federation (G/ADP/N/1/RUS/2, G/SCM/N/1/RUS/2, G/SG/N/1/RUS/2) . WT/TPR/M/345/Add.1  
 
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  Droits de propriété intellectuelle  
Page 97 (Para 3.199); Page 98 (Para 3.202)  
A l'occasion des Examens de Politique Commerciale des Membres, les PMA souhaiteraient connaître 
l'importance de leur participation aux économies des autres Membres, afin de mieux appréhender 
leur intégration au système commercial multilatéral, et leur capa cité à se doter et tirer profit des 
outils que peut leur offrir leur adhésion à l'OMC. Le Rapport du Secrétariat décrit une activité 
dynamique au sein de la Fédération de Russie sur le déploiement des droits de propriété 
intellectuelle et leur application.  Le Rapport indique en effet que " l'activité de dépôt de brevets 
reste importante, et progresse notamment du fait du dynamisme des demandes d'origine 
étrangères, tandis que les demandes nationales restent stables  ". La Rapport précise également 
que la Rus sie dispose d'un Office de la Propriété Intellectuelle classé parmi le top 10 mondial en 
termes d'activité de dépôt de dossiers.  
 
Question  
15. Le Groupe PMA souhaiterait savoir si la Russie a reçu des demandes de brevet ou de 
marque  déposée en provenance d'un PMA ? Si oui, certaines ont -elles été enregistr ées ou 
accordées, et lesquelles ? 
 
Answer  
The statistics on application submitted and application denied is not publicly available but the 
Federal Service on Intellectual Property Rights that is responsible  for the patents granting and 
registration of trademarks provides for the statistics on patents and trademarks granted/registered 
in favor of LDC countries.  
Bangladesh – 3 trademarks (all expired)  
Djibouti - 1 trademark (expired)  
Gambia - 1 trademark (expi red) 
Liberia - 3 trademarks (all expired)  
Madagascar - 1 trademark (valid) (Madrid system)  
Mauritania - 3 trademarks (all expired)  
Myanmar - 1 trademark (expired)  
Niger - 2 trademarks (all expired)  
Nepal - 3 trademarks (valid)  
Rwanda - 1 trademark (expire d) 
Sierra Leone - 6 trademarks (5 expired)  
Senegal – 1 patent granted (expired, but could be renewed), 1 trademark (expired)  
Tanzania - 5 trademarks (2 expired (Madrid system), 1 expired (Russia), 2 valid 
(Madrid  system)  
 
Page 108 (Para 3.259)  
Le Rapport d u Secrétariat mentionne qu'une "entité"  ou "personne physique " russe souhaitant 
déposer une demande de protection au titre de la PI pour une invention développée en Russie, ne 
peut le faire devant une autre juridiction à moins de l'avoir préalablement enre gistrée et validée en 
Russie.  
 
Questions  
16. La Fédération de Russie confirme -t-elle cett e description de sa législation ?  
 
Answer  
In accordance with paragraph 1 of Article 1395 of the Civil Code of the Russian Federation patent 
application for an invent ion or utility model created in the Russian Federation may be filed in a 
foreign state or with an international organization upon the expiry of six months after the filing of 
the relevant application with the federal executive governmental body charged wit h intellectual 
property matters, unless within the said time period (i.e. 6 months) the applicant is notified that 
the application comprises information deemed a state secret. The said period may be reduced if a 
particular request is filed by the applicant  for verification of whether the application contains 
information deemed a state secret.  
 WT/TPR/M/345/Add.1  
 
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  17. La Russie considérerait -elle un établissement étranger (notamment PMA) en Russie 
(y compris restaurants et autres détai llants) comme une " entité russe "? 
 
Answer  
In accordance with the legislation of the Russian Federation, in order to be regarded as Russian 
legal entities, the legal entities shall be duly registered as such. Registration of legal entities is 
exercised by tax authorities who include the respective information into the Unified State Register 
of Legal Entities.  
 
18. De tels établissements issus des PMA qui souhaiteraient enregistrer une invention 
dans un autre pays se raient -ils soumis à cette règle ?  
 
Answer  
If the entity from LDC is duly registered as a legal entity on the territory of the Russian Federation, 
the provisions of Article 1395 of the Civil Code of the Russian Federation shall be applied to such 
legal entity.  
 
4 POLITIQUES COMMERCIALES PAR SECTEUR  
 
Agriculture (Y compris pêcheries)  
Le Rap port du Secrétariat indique que lors de son adhésion à l'OMC, la Fédération de Russie a 
entrepris de consolider et de réduire ses droits de douane à l'exportation sur 703 lignes tarifaires. 
Selon le Rapport, la Fédération de Russie applique encore des droi ts sur certaines exportations, 
notamment celles de blé, pour stabiliser les prix de son marché intérieur. Lorsque les prix à 
l'international sont élevés, le recours à ces taxes et autres prélèvements à l'exportation sur des 
produits alimentaires essentiels  tels que le blé peut affecter la disponibilité de produits 
alimentaires à des prix abordables dans des pays comptant sur le marché international pour 
assurer la subsistance de leur population, y compris des PMA et PDIMPA.  
 
Question  
19. Quelles sont les d ispositions envisagées par le système de la Fédération de Russie 
pour s'assurer que le recours légitime à des restrictions aux exportations en période de 
prix élevés n'affecte pas les enjeux de sécurité alimentaire d es PMA ? 
 
Answer  
Russia does not apply e xport restrictions in the meaning of Article 12 of the Agreement on 
Agriculture.  
 
Page 117 -118 (Table 4.4)  
Le Tableau 4.4 décrit les allocations fédérales au Programme National de Développement Agricole 
entre 2012 et 2020. Selon ces projections, le montant  total du soutien interne enregistré sous ces 
différents programmes devrait augmenter de 197,7 milliards de Roubles en 2013 à 350,4 milliards 
de roubles  en 2020 (soit une hausse de 77 %) 
 
Questions  
20. Comment la Fédération de Russie prévoit -elle de notifie r ces différents programmes 
selon la classification OMC  des mesures de soutien interne ? 
21. Quel pourcentage de ces programmes est prévu en catégor ie verte et en catégorie 
orange ? 
 
Answer  
Russia 's domestic support notifications present classification of st ate support measures provided 
under the State Program for Agricultural Development and Regulation of Agricultural Products, 
Raw Materials and Food Markets for 2013 -2020. Total amount of Amber box support as well as 
Green box support was provided within the  framework of domestic support notification.  
 
Pêcheries  
Page 131 (Para 4.54) et Rapport du Gouvernement Page 7 (Paras. 4.21 -4.23)  
Selon le Rapport du Secrétariat, la Fédération de Russie est l'un des pays où ce secteur est le plus 
développé au mode. L'esse ntiel de la pê che marine est issu de la Zone économique e xclusive de la 
Russie, mais les prises en haute mer et dans la ZEE d'autres pays, y compris des PMA, WT/TPR/M/345/Add.1  
 
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  représentent néanmoins un quart du total. Le Rapport du Gouvernement indique que le 
Gouvernement a  adopté en 2014 un Programme National pour le développement de l'industrie de 
la pêche incluant 8 projets.  
 
Questions  
22. La Fédération de Russie dispose -t-elle d'informations plus détaillées sur le montant 
du soutien gouvernemental au secteur de la pêche  (hors aquaculture) au niveau fé déral 
et aux niveaux inférieurs ? 
23. Quel est le principal type de subventions accordées au secteur de la pêche, et quel 
est leur impact potentiel sur les efforts et capacités de pêche de la flotte  de la 
Fédération de Russie ? 
Answer  
Federal subsidies for fisheries sector are granted for the purpose of construction and 
modernization of fishing vessels, fish processing infrastructure and fisheries products storage 
facilities. The amount of support was R ub 233 million in 2013 an d Rub 6 million in 2014. The 
impact of these support measures on fishing fleet capacity is low: since 2009 3 fishing vessels 
were constructed and 9 fishing vessels were modernized.  
 
The regions of the Russian Federation grant regional support to fishing o rganizations mainly in the 
form of partial compensation of costs and tax incentives. Information on support measures 
provided at the regional level as well as the amount of such support is presented in Russia 's new 
and full notifications pursuant to Articl e XVI:1 of the GATT 1994 and Article 25 of the SCM 
Agreement (G/SCM/N/253/RUS/Rev.1 and G/SCM/N/284/RUS).  
 
24. Dans quelle mesure ces programmes contribuent -ils au développement et aux 
activités de la flotte de pêche hauturière du pay s? 
 
Answer  
There are n o specific provisions on trawler fleet in legal acts concerning the subsidies for 
construction and modernization of fishing vessels. Nonetheless, these subsidies are granted for 
modernization and renewal of Russia 's fishing fleet, including trawlers. The p ractical effect of the 
subsidies granted may be assessed based on the information in the response to the question 
above.  
 
Services  
Page 144 (Para 4.121)  
La section du Rapport du Secrétariat consacrée aux services financiers décrit les activités 
étrangères au sein du secteur bancaire de la Fédération de Russie, et les engagements du pays 
dans le cadre de l'Accord g énéral sur le commerce des services (AGCS). Dans sa Demande 
collective de dérogation relative aux Services, le Groupe des PMA a identifié l'encais sement de 
chèques et les services de transfert d'argent comme d'intérêt prioritaire pour une part importante 
de ses prestataires de services existants ou potentiels.  
 
Question  
25. Quelles sont en Russie les possibilités et modalités d'encaissement de chèq ues 
étrangers et de transfert d'argent ?  
 
Answer  
In accordance with the Federal Law of 27  June 2011 No. 161-FZ "On the National Payment 
System " (hereinafter – the Law on NPS), the transfer of monetary funds is made by the following 
ways:  
  by the transfer o f monetary fund's  operators ( credit institutions, the Bank of Russia, VEB ); 
  in the framework of applicable forms of cashless payments ( which are  defined by the Civil 
Code of the Russian Federation, namely, payments by payment orders, payments by letter 
of credit, payment s by collection, payments by che ques; and by the Law on NPS, namely, 
transf ers of electronic cash assets, d irect debit); 
  by opening of bank accounts or without opening of bank accounts ( transfers without 
opening of bank accounts include tr ansfers of electronic cash assets ). 
 WT/TPR/M/345/Add.1  
 
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  Transfer of cash assets in the framework of the payment system ( the complex of organizations 
including the operator of payment system, operational centre, the payment clearing centre, the 
centre for payments ) is conduct ed according to the rules of the payment system which are 
determined by the operator of a payment system ( operators of payments system are registered by 
the Bank of Russia).  The rules for the payment system represent an agreement except the rules 
for the p ayment system of the Bank of Russia, which are determined by the regulations of the 
Bank of Russia (the list of them is published on the website of the Bank of Russia).  
 
According to Article 5 of the Federal Law "On Banks and Banking Activity " transfer of  monetary 
funds  is one of the types of banking operations which are conducted by credit institutions ( they 
may have the status of a bank or a non -bank credit institution ) on the basis of the licence  of the 
Bank of Russia.  
 
In accordance with the Article 8 2.3 of the Federal Law 10  July 2002 No. 86-FZ "On the Central 
Bank of the Russian Federation (the Bank of Russia) " the Bank of Russia sets rules, forms and 
standards of cashless payments.  
 
Regarding these authorities, the Bank of Russia has adopted the rul es of conduct of cash assets  
transfers (383 -P) which set the following requirements:  
  To the orders on the transfer of  cash assets;  
  To the procedures of acceptance and fulfillment of orders on the transfer of cash 
assets;  
  To the specificities for the ful fillment of these procedures in payment systems;  
  To the order for the application of forms of cashless payments.  
 
26. La Russie peut -elle réserver un traitement préférentiel aux fournisseurs  de tels 
services issus des PMA ? 
 
Answer  
Regarding the encashment  of foreign cheques: if it concerns the payments by collection, this 
operation is classified as the banking operation which is conducted by credit institutions 
established in accordance with the national legislation and having the corresponding license of the 
Bank of Russia. Thus, it does not seem possible to "select " it from the whole list of banking 
operations and to grant a preferential treatment to operators of the corresponding services.  
 
If it concerns the encashment as the operation regarding the phy sical transportation of values, 
then these services are provided by companies in the framework of commercial agreements with 
credit institutions, and the conditions for the provision of such services are separately determined 
by each agreement, the financi al regulatory authority does not influence on the parameters of 
such commercial contracts at all.  
 
Page 150 (Para 4.141)  
Le Groupe des PMA prend note dans le Rapport du Secrétariat de la description du développement 
en Russie de services et infrastructures  soutenant l'universalisation des télécommunications, en 
particulier dans les régions rurales, y compris par la construction de réseaux haut débit en fibre 
optique.  
 
Question  
27. La Russie peut -elle envisager de contribuer à des projets similaires de renfo rcement 
de capacités dans les PMA afin de soutenir les efforts entrepris pour mettre en place des 
services universels, en particulier dans les zones rurales, y compris par la construction 
d'infrastructures, l'augmentation de la télédensité et de la pénétra tion internet ? 
 
Answer  
In case of the receiving of the corresponding request from the LDC group, the competent 
authorities may share information in respect of the existing experience in this field.  
 
Page 154 (Para. 4.168)  
Le Rapport du Secrétariat indique que les engagements de la Russie dans le cadre de l'AGCS dans 
le secteur du transport routier incluent une restriction sous le Mode 4, à travers l'exigence que les 
chauffeurs de véhicules du secteur des services de transport soient des citoyens russes. Le Groupe WT/TPR/M/345/Add.1  
 
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  des PMA relève que la Russie n'a pas encore notifié de traitement préférentiel, dans le cadre de la 
dérogation relative aux services accordée par l'OMC aux PMA, en faveur de services et prestataires 
de services issus des PMA.  
 
Questions  
28. Au cour s des cinq dernières années, la Fédération de Russie a -t-elle reçu des 
exportations de services fournis par des p restataires originaires des PMA ? 
 
29. La Russie a -t-elle prévu de notifier des mesures préférentielles en faveur de 
prestataires originaires de s PMA, dans le cadre de la dérogation relative aux services, 
notamment dans les sect eurs id entifiés par la d emande collective de d érogation soumise 
à l'OMC en j uillet 2014 ? 
 
Answer  
At present, all competent Russian authorities are considering the collectiv e request from LDCs 
extended in July 2016. This analysis is not finalized yet.  
 
30. La Russie peut -elle notifier des mesures préférentielles réduisant ou limitant les 
formalités de visa, permis de travail, licence ou autre coût administratif, ou réduisant les 
charges administratives applicables aux p restataires originaires des PMA ?  
 
Answer  
Questions connected with the requirements regarding visas are not covered by the WTO 
Agreements.  These matters may be the subject of discussion under specialized interna tional 
organizations or bilaterally between the Ministries of Foreign Affairs of Russia and respective 
interested country . 
 
31. La Russie peut -elle prévoir la su ppression de la restriction du m ode 4 mentionnée 
dans le Rapport du Secrétariat relative aux co nducteurs de véhicules de transport, afin 
de permettre aux conducteurs qualifiés issus des PMA de travailler à ce titre en Russie 
dans le cad re d'un traitement préférentiel ? 
 
Answer  
The Russian Federation has recently joined the WTO and upon its accession to the WTO the 
Russian Federation has already taken a high level market access and national treatment 
commitments on a wide range of services sectors, including the majority of sectors mentioned in 
the LDC request. Further market access liberalization espe cially mode 4 liberalization is a sensitive 
issue for us.  
 
Page 156 (Para. 4.179 -4.182)  
Le Rapport du Secrétariat décrit les engagements de la Russie relatifs au secteur du tourisme dans 
le cadre de l'AGCS. Les services de tour opérateur , entre autres, son t d'intérêt pour les PMA.  
 
Question  
32. La Fédération de Russie peut -elle également étudier des mesures préférentielles 
dans le cadre de la Dérogation PMA dans ce secteur  ? 
 
Answer.  
At present, the  competent Russian authorities are  considering the collect ive request from LDCs 
extended  in 2014. This analysis is not finalized yet.  
 WT/TPR/M/345/Add.1  
 
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  26  QUESTIONS FROM THE K INGDOM OF SAUDI ARAB IA 
Document  WT/TPR/G/345; paragraph 4.28, page 8  
 
Q1) What are the  measures adopted by Russia  to help raise its  labor productivity in the 
industrial sector? What policies  have they  applied  that allows Russia  the application of 
labour and natural resources in a rational way?   
 
Answer  
For the perspective until 2018 the main areas of work on the labor market in order to improve 
labor productivi ty are the development of the system of professional qualifications, professional 
improvement of workforce, development of territorial labor mobility of the citizens, institutional 
development of informational support of the measures taken for workforce de velopment.  
In order to develop the system of professional qualifications the President's National Council on 
Professional Qualifications was established. This Council coordinates the system of qualifications 
and has the authority for expert evaluation of p rofessional standards.  
 
Professional standards are developed on the basis of the proposals of employers, professional 
associations, trade unions and interested federal executive authorities, with due consideration of 
the relevant State programs and action plans on priority directions of development of economy. As 
of 31 August 2016, 818 professional standards have been developed in cooperation with 
employers and approved by orders of the Ministry of Labor.  
 
A Compendium of new and emerging jobs demanded in t he labor market is formed. It includes 1.6 
thousand jobs and occupations. It enables to make up proposals on elaboration and updating of 
professional standards, professional education standards and educational programs.  
Resource centers, centers for profes sional skills training (multifunctional centers of practice -
oriented qualifications) and centers of certification of qualifications are also created.  
 
Conditions for advanced professional training and internships of employees are being established 
as well.  The purpose of this work is to help the employees to keep their jobs at the organizations 
that modernize their manufacturing facilities or to find new jobs, even in other spheres of 
economic activity. Besides, this work is aimed at improvement of workforc e and reduction of 
structural imbalances on the labor market.  
 
Document  WT/TPR/G/345; paragraph 4.48, page 8  
 
Q2) What kind of policies will they adopt that will help increase labor productivity?  
 
Answer  
In order to improve the efficiency of vocational tr aining it is necessary to develop the system of 
dual training. It involves a combination of theoretical training in educational institutions and 
industrial training at the enterprise that allows to acquire practical skills and experience.  
Another direction  of improvement of the labor market infrastructure is to ensure its information 
transparency. It is necessary to establish a system of assessment of the current state and 
prospects of the labor market and its professional segments' development, as well as effective and 
accessible system of informing employers, employees and educational organizations of 
quantitative and qualitative characteristics of demand for workforce and its supply.  
 
For informational purposes the employment services already actively use  open information 
Internet resources, such as "Work in Russia" website or their own official websites. They also equip 
information halls of the centers of employment with the technical means for an independent access 
of the visitors to special websites for  job search, use electronic media. The work on improving the 
quality of functioning of information resources in the field of employment, including the "Work in 
Russia " website, will continue.  
 
Amendment of the legislation on employment that would stipulate  the terms of compilation and 
use of the Compendium of new and emerging jobs demanded in the labor market is planned 
before the end of 2016, as well as creation of a modern informational website that will contain 
information on the occupations and modern q ualification requirements.  
 
 WT/TPR/M/345/Add.1  
 
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  Document  WT/TPR/S/345, paragraph 1.9, page 15  
 
Q3) Unemployment in Russia despite the very slow growth of the last three years, 
especially a deep recession in 2015, remains unchanged at 5.5%. Are there any lessons 
learned from their case?  
 
Answer  
Macroeconomic indicators of recent years demonstrate quite satisfactory state of the labour 
market. The employment rate of population in working age remains quite high (above 70 %), and 
the unemployment rate is quite low (less than 6 %).  
 
According to the Federal State Statistics Service of the Russian Federation, the average number of 
employed people in the economy is amounted to 72.2 million people during the 2nd quarter of 
2016, which is equal to the value of the corresponding peri od in 2015. The number of unemployed 
by ILO methodology for the specified period amounted to 4.3 million people or 5.6% of 
economically active population and it remained at the level of 2015.  
 
In August 2016, unemployment rate amounted to 5.2% of economic ally active population.  
 
According to the Federal Service for Labour and Employment, there were 1.4 million vacancies as 
of September 2016, while the number of unemployed registered in the employment service 
amounted to 892 thousand people.  
 
In the event of the deterioration of the situation in the labour market, the Government of the 
Russian Federation can quickly implement the necessary measures that effectively influence 
tensions.  
 
In accordance with the Decree of the Government of the Russian Federatio n of 29 February 2016 
No. 155 "On granting and the distribution of subsidies from the federal budget to budgets of the 
subjects of the Russian Federation in 2016 on the implementation of additional measures in the 
field of employment aimed at the reduction  of tensions in the labour market of the subjects of the 
Russian Federation " additional activities are implemented, including the following: advanced 
professional training and internship of workers, temporary employment of workers, reimbursement 
of expense s to employers for the partial payment of work of employed workers, as well as the 
expenses associated with the employment of disabled people.  
 
The implementation of activities on advanced professional training and the internship of employees 
will let empl oyers, during reorganization and restructuring of enterprises, decrease in the amount 
of production, rendering of services or the suspension of the activities of the enterprise, carry out 
retraining of workers of new types of activities while avoiding thei r dismissal.  
 
In addition, the subjects of the Russian Federation currently implement the regional action plans 
for enhancing labour mobility which include raising the awareness of population and employers on 
vacancies and the supply on the labour market in other regions, the reduction of expenses 
regarding relocation, the development of rental housing market.  
 
ADDITIONAL QUESTIONS FROM THE KINGDOM OF SAUDI ARABIA  
 
Secretariat Report  
 
3.1.8 Standards and other technical requirements  (pages 58 -60) 
 
3.68. T he legal act that established the main principles of the Russian system of standardization 
and technical regulation on a national level is Law No. 184-FZ of 27 December 2002 (last amended 
on 6 April 2016) "On technical regulation" although many provisions of the Law have been 
superseded by EAEU legislation. A new law, Law No. 162-FZ of 29 June 2015 "About 
standardization in the Russian Federation" was to enter into force in July 2016.  
 WT/TPR/M/345/Add.1  
 
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  Question 1  
Some Saudi food products exporters are facing  obstacles in th e export process to the 
Russian Federation. The Kingdom of Saudi Arabia  would  appreciate  to have more 
information and clarification from the Russian Federation about the new  technical 
requirements for food products to be imported to Russia.  
 
Answer  
The CU  Technical regulations 021/2011 "On food safety " and 022/2011 "On food labeling " contain 
the basic general requirements for food products. More detailed requirements for certain types of 
food products are contained in the following CU Technical regulations : 
  015/2011 "On grain safety",  
  023/2011 "On fruit and vegetables juice products",  
  024/2011 "On oils and fat products",  
  027/2012 "On safety of certain types of specialized food products, including dietary 
medical and dietary preventive nutrition",  
  029/2012  "Safety requirements for food additives flavorings and technological aids",  
  033/2013 "On safety of milk and milk products",  
  034/2013 "On safety of meat and meat products".  
The EAEU plans to develop technical regulations on fish and fish produc ts, on drinking water, on 
poultry and poultry processed products.  
Full texts of the technical regulations, amendments to technical regulations and draft technical 
regulations of the EAEU are available on t he official EAEU Commission web site. WT/TPR/M/345/Add.1  
 
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  27  QUESTIONS FR OM ECUADOR  
Informe de la Secretaría  
1) De conformidad con la página 46, párrafo 3.8, respecto de las formalidades aduaneras 
simplificadas para los operadores que cumplan determinadas condiciones.  
¿Podría indicarnos la Federación de Rusia si esas condicione s son acumulativas? ¿En qué 
consisten las formalidades aduaneras simplificadas?  
Answer  
The specific conditions mentioned in paragraph 3.8 are accumulative. According to Chapter 3 of 
the Customs code of EAEU the Special Economic Operators (SEO) are provided  with the following 
simplified customs formalities: the temporary storage of goods in premises, on the open grounds 
or on other territories of SEO; the performance of customs operations prior to the release of goods 
in premises, on the open grounds or on o ther territories of SEO including implementation of the 
customs transit regime of goods designated for SEO upon importation on the territory of the 
Russian Federation; the release of goods prior to filing customs declarations.  
If under the customs transit regime the declarant is SEO the Customs authorities does not require 
to demonstrate the security for payment of customs levies and taxes.  
2) De conformidad con la página 48, párrafo 3.17: "Las autoridades señalaron que el método 6 se 
basa en un uso flexib le de los métodos 1 a 5; por ejemplo, la utilización del valor de transacción 
de mercancías idénticas o similares correspondiente a un período superior a 90 días antes de la 
importación de las mercancías objeto de valoración. "En esos casos, la autoridad a duanera debe 
indicar por escrito la fuente de información utilizada y los cálculos basados en esa información".  
¿Podría indicarnos la Federación de Rusia cómo ese ejemplo se ajustaría a los criterios 
de valoración que no deben aplicarse con arreglo al méto do de última instancia (método 
6)? ¿Además, cómo el plazo de los 90 días se justifica en virtud de los métodos de 
valoración para las mercancías idénticas o similares?  
 
Answer  
For example under paragraph 38 of the Decision of the Government of the Russian Federation No. 
191 of March 6, 2012, there are certain criterion which are not to be applied upon the assessment 
of customs valuation of goods under method 6 such as: 1) prices on goods on the domestic market 
of the Eurasian Economic Union that have been p roduced in the customs territory of the EEU; 2) 
systems that provide for choosing the highest of 2 alternative values for customs targets; 3) 
product price on the domestic market of the country of exportation; 4) prices on products, 
supplied from the count ry of exportation to the third countries; 5) minimal customs value; 6) 
arbitrary or fictitious value must not be used as a basis for determination customs value using 
method 6.  
According to the Agreement for determination of the goods value the goods are s old in the 
quantity sufficient to set up a price per item of such goods and in the same conditions as they 
were imported on the earliest date of their arrival on the EAEU customs territory but not exceeding 
90 days from the date of registration of goods un der the determination of customs valuation.  
According to the Agreement "from a period of more than 90 days before the importation of goods 
being values" means "on the earliest date of their arrival on the EAEU customs territory but 
exceeding the period of 90 days from the date of registration of goods being valued.  
3) De conformidad con la página 54, párrafo 3.32, Cuadro 3.5 Aranceles NMF aplicados y aranceles 
consolidados (finales de junio de 2016), respecto a que "los aranceles NMF aplicados eran 
superior es a los consolidados o podrían haberlo sido, porque el arancel aplicado es ad valorem , 
pero no inferior a un derecho específico, mientras que el arancel consolidado es solo ad valorem ". 
¿Podría indicarnos la Federación de Rusia cómo, en la práctica, la ap licación de los 
derechos mixtos de 14.7%, pero no menos de 0,07 €/litro, para la subpartida 8418 21 
9100, y, 15%, pero no menos de €2.907/unidad, para las línea arancelaria 8707 10 
9000, se ajustan a sus compromisos de consolidación partiendo de los equiva lentes 
arancelarios de los derechos mixtos aplicados para las líneas arancelarias referidas?  WT/TPR/M/345/Add.1  
 
- 289 - 
 
  Answer  
Russia has no authority to change import customs duty rates unilaterally. According to the Article 
45 of the Treaty on the Eurasian Economic Union of 29 May 2014 decisions determining Common 
Customs Tariff of the Eurasian Economic Union fall within the competence of the Eurasian 
Economic Commission (EEC). In order to ensure the consistency of EEC 's acts with Russia 's WTO 
commitments the  Treaty on the Function ing of the Customs Union in the Framework of the 
Multilateral Trading System of 19 May 2011 (Annex 31 to the Treaty on the Eurasian Economic 
Union of 29 May 2014) w as concluded.  
Thus, when EEC adopts and applies its acts, those acts have to comply with EAE U Member 's WTO 
commitments, including Russia 's tariff commitments.  
According to Russia 's WTO tariff commitments, the reduction of applied tariffs is carried out by EEC 
on the annual basis. In the process of reconciling the level of duties with the EAEU me mbers and 
EEC, Russia verifies the level of specific parts of combined duties based on im port data of 
respective period.  
4) De conformidad con la página 56, párrafo 3.39, Cuadro 3.7 "Tasas y cargas por servicios 
aduaneros en relación con las importaciones y las exportaciones":  
"Con la Ley Nº 311 -FZ, de 27 de noviembre de 2010 (modificada por última vez el 13 de julio de 
2015), que establece que las tasas por operaciones aduaneras se limitarán al costo aproximado de 
los servicios prestados y no podrán supera r los 100.000 rublos".  
La tasa que se aplicaría para el despacho de aduana, según el indicado cuadro (tasas y 
cargas por servicios aduaneros), al parecer se vincula al valor de las mercancías. Al 
respecto, ¿podría explicarnos la Federación de Rusia cómo es ta tasa se limita al coste 
aproximado del servicio prestado para el despacho de la mercancía?  
 
Answer  
According to paragraph 3 of Article 72 of the Customs Code of the Customs Union "the amount of 
customs fees may not be greater than approximate expenses o f the customs bodies for committed 
actions requiring the customs fee". Article 130 of the Federal Law of 27 November 2010 
No. 311 FZ also states that "the amount of customs fees for customs operations is limited by the 
approximate price of customs bodies ' services [...]". For the purposes of calculating the amounts 
fees for customs operations one shall use the rates effective as of the date of registration of the 
customs declaration by the customs declaration by the customs body (Article 129 of the Federal 
Law No. 311-FZ).  
The rates of customs fees for customs op erations are established by the Resolution of the 
Government of the Russian Fed eration of 28 December 2004 No. 863. This Government Resolution 
establishes flat rates of fees for seven categories of customs declarations, some of which depend 
on the value of goods declared in a single declaration. The fees for small consignments of goods, 
i.e., where the customs declaration, list goods up to R ub 200,000 in declared value, were collecte d 
at a minimum ra te of R ub 500. The maximum rate, provided for in the Government Resolution is 
Rub 30,000 per customs declaration. Under the current regime, this amount is levied only for 
customs clearance of consignments of goods where the customs declaration lists goods,  exceeding 
Rub 100,000 in  declared value. Such consignments are normally exceptionally large and required 
additional attention in the customs clearance process.  
5) De conformidad con la página 65, párrafo 3.61: "las normas internacionales son la base de l os 
reglamentos técnicos de la Unión, excepto cuando no se ajustan a los objetivos perseguidos por 
los reglamentos técnicos adoptados en la UEEA, debido entre otras cosas a factores climáticos y 
geográficos o a peculiaridades tecnológicas o de otro tipo".  
 
¿Podría explicarnos la Federación de Rusia a qué se refiere con factores climáticos y 
geográficos, podría otorgarnos un ejemplo al respecto?  
 
Answer  
The WTO TBT Agreement (Art. 2.4) sets out that Members shall use relevant international 
standards or the re levant parts of them, as a basis for their technical regulations except such 
standards would be an ineffective or inappropriate means for the fulfilment of the legitimate WT/TPR/M/345/Add.1  
 
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  objectives pursued, for instance due to fundamental climatic or geographical factors.  The EAEU 
Treaty (Art. 3 of the Annex 9) reflects this provision of the WTO TBT Agreement.  
 
This exception is very important for the EAEU due to the fact that the EAEU territory is more than 
20 million km2, and the climate zones within the EAEU territory vary from polar to subtropical with 
the range of temperatures from - 65°C to +  45°C, different humidity, etc.  
Nevertheless, all technical regulations of the EAEU are ba sed on international standards.  
6) De conformidad a la página 78, párrafo 3.103, respect o de los fondos públicos para apoyar a las 
empresas rusas que desean comenzar a exportar o incrementar sus exportaciones, mediante el 
otorgamiento de donaciones, o subvenciones al pago de los intereses de los préstamos 
relacionados con la exportación.  
Aunq ue se trata de una subvención que no estaría supeditada de jure o de facto a los 
resultados de exportación, ¿podría explicarnos la Federación de Rusia cómo esta 
subvención, que sí se vincularía a las exportaciones, se ajusta a sus compromisos en 
materia de  subvenciones a las exportaciones?  
Answer  
The mechanism described in para. 3.103 of the Secretariat report is aimed at supporting the 
development of SMEs in the Russian Federation. The support is provided under the Resolution of 
the Government of the Russi an Federation of 15 April 2014 No. 316. The executive authorities of 
the subjects of the Russian Federation annually receive co -financing of their respective SME 
support programmes on a competition basis. The SMEs support programs may include an export 
assistance component. Such assistance has a non -financial character and can be provided through 
regional support centers.  
Financial assistance is provided by EXIAR and Eximbank of Russia. EXIAR provides insurance 
towards coverage of political and commercial r isks. Eximbank of Russia provides support in the 
form of loans.  
Thus, the support provided at sub -federal levels is WTO compatible.  
7) De conformidad a la página 90, párrafo 3.136: "Entre los incentivos federales para actividades 
específicas cabe menciona r los siguientes: una deducción del 150%, por concepto de gastos 
admisibles de investigación y desarrollo".  
¿Podría indicarnos la Federación de Rusia cómo se implementa esta deducción del 
150%, sobre qué tipo de impuesto se la aplica, qué sucede con el rem anente del 50%? 
¿Cómo la medida se justifica bajo las disposiciones de la normativa multilateral en 
cuanto a los tipos de subvenciones bajo el Acuerdo sobre Subvenciones y Medidas 
Compensatorias?  
Answer  
In accordance with the Tax Code of the Russian Federa tion, a taxpayer that undertakes the 
expenditures on research and development (R&D) determined by the Government of the Russian 
Federation has the right to include them into other expenditures of the reporting (tax) period in 
which such R&D (their separate  stages) are completed, and in the amount of actual costs with 
coefficient of 1,5 applied. The list of such R&D is exhaustive and is provided for in the Resolution of 
the Government of the Russian Federation No. 988 of 24 December 2008.  
In order to confirm  the exercise of this right the organizations are required to submit to the tax 
authorities the report on R&D performed and the Declaration of income tax of organizations.  
These measures are fully consistent with the obligations of the Russian Federation i n the WTO.  
8) De conformidad con la página 137, párrafo 4.23, literal ix) respecto de la subvención por 
hectárea de superficie cultivada. De acuerdo con el informe de la Secretaría, esta medida se 
incluye en el proyecto de ayuda a los ingresos desconectada . En las notificaciones de la Federación 
de Rusia sobre ayuda interna de los últimos años existe, en el cuadro justificativo sobre medidas WT/TPR/M/345/Add.1  
 
- 291 - 
 
  de compartimiento verde, una medida de ayuda a los ingresos desconectada que se aplica a nivel 
federal y subfederal.  
En ese sentido, ¿podría indicarnos la Federación de Rusia cuáles son los criterios que 
deben cumplir los productores agrícolas que se benefician de esa medida y bajo qué 
consideraciones se efectúan los pagos por concepto de la subvención?  
Answer  
Decoupled support is calculated independently from production volumes and external (internal) 
prices. These payments are based on income of agricultural producers. In order to get access to 
this kind of support there are two basic factors: the presence of sowing are a and the status as an 
agricultural producer. In this regard, decoupled income support is notified in supporting table 
DS:1.  
 
PREGUNTAS ADICIONALES DE ECUADOR  
 
Informe de la Secretaría de la OMC. - 
 
De conformidad con la página 72, párrafo 3.82, referente a : "Con objeto de velar por la 
rastreabilidad de la aplicación de las MSF, el Rosselkhoznadzor ha establecido y puesto en marcha 
10 sistemas estatales de datos e información diferentes, cada uno de los cuales tiene una función 
específica y que interactúan m utuamente (cuadro 3.19). Además, el Rospotrebnadzor ha creado 
un sistema de información para la protección del consumidor, que ofrece información sobre las 
infracciones de los reglamentos técnicos y las prescripciones obligatorias para los produc tos 
alimen ticios."  
 
¿Podría explicarnos la Federación de Rusia cuál es el objetivo de estos 10 sistemas 
estatales de datos e información y si éstos funcionarían como sistema de pre alertas? De 
ser el caso, ¿Podría otorgarnos un ejemplo sobre su funcionamiento?  
 
Answ er 
The information management systems mentioned in para 3.82 on page 72 include the systems to 
process data, related to the application of sanitary and phytosanitary measures and technical 
regulations surveillance.  
 
They include among others registries of the sanitary and epidemic assessment (fp.crc.ru/reestr), 
automatic information systems "ARGUS"  at: http://www.fsvps.ru/fsvps/argus ; "MERCURIUM" at: 
https://www.vetrf.ru/vetrf/mercury.html  (electronic v eterinary certification system ); "CERBERUS" 
(legal actions during veterinary surveillance registry).  
 
These systems have different targets that encompass all the directions of sanitary and 
phytosanitar y measures and the data in these systems is collected in the different situations and 
being communicated and processed to form different profiles of economic activities participants to 
facilitate the procedures of sanitary and phytosanitary surveillance an d to make them most 
convenient to the users.   
 
These systems automatically analyse  the data on the exported or imported products and 
particularly the ARGUS system can be used as an early detection system to track the way of the 
good imported by the Russian  Federation.  
The same mechanism is applied in the case of Consumer Protection Resources introduced by the 
Rospotrebnadzor in relation to the violations in the area of consumer protection.  
 
De conformidad con las páginas 57 y 58, párrafo 3.41:  
 
"En los Esta dos miembros de la UEEA es aplicable una lista común de productos sujetos 
a licencias de importación y/o exportación. Las autoridades señalaron asimismo que 
algunos productos requieren tanto una licencia como un permiso, mientras que otros 
solo requieren u n permiso"  
 WT/TPR/M/345/Add.1  
 
- 292 - 
 
  Answer  
The Common List of Goods that are subject to import/export prohibitions or restrictions to/from the 
customs territory of the Eurasian Economic Union is established by the  Decisions of the Board of the 
Eurasian Economic Commission No. 134 of 16 August 2012 and No. 30 of 21 April 2015. The list of 
goods that is represented in the T ables 3.8 and 3.21 is comprehensive at the supranational level for 
all Member States of the EAEU. Also it should be noted that "precious metals, commodity with 
precious metals" are the subject to not only export licensing but also to import licensing.  
 
Meanwhile according to the A rticle 47 of the EAEU Treaty Member States in trade with third 
countries may unilaterally introduce and apply non -tariff measures in the manner prescribed in the 
Annex No. 7 to the EAEU Treaty.  
 
The Member State that introduced a temporary measure shall in advance notify the Commission 
and submit a proposal for the introduction of such measures within the customs territory of the 
EAEU.  
 
The Commission shall consider the proposal from the Member State on imposition of temporary 
measure and on the basis of the proposal from the Member State the Commission may decide to 
impose such measures on the customs territory of the EAEU. In this case the  validity of such a 
measure shall be set up by the Commission.  
 
If the decision to impose temporary measures on the customs territory of the EAEU is not adopted, 
the Commission informs the Member State, which imposed temporary measures, and customs 
authori ties of other Member States that temporary measure is valid not more than 6 months from 
the date of their introduction.  
 
¿Podría indicarnos la Federación de Rusia si la lista de productos de los cuadros 3.8 
mercancías sujetas a restricciones a la importaci ón y 3.21 mercancías sujetas a 
restricciones a la exportación, recogen toda la lista de productos sujetos a licencias de 
importación y/o exportación?  
 
Respecto a las medidas sanitarias y fitosanitarias, podría la Federación de Rusia facilitarnos las 
listas de productos sujetos a controles en la frontera de la UEEA, mismos que se establecen en las 
decisiones de la Comisión Nº 299, de 28 de mayo de 2010 sobre el control sanitario y 
epidemiológico y Nº 317 del 18 de junio de 2010 sobre el control veterinario.  
 
Answer  
Decision of the Commission of the Customs Union No. 299 of 28 May 2010 On application of 
sanitary measures in the Customs Union is available in English in the following link  at: 
https://docs.eaeunion.org/docs/en -us/0027349/cuc_28062010_299_doc.pdf /. 
Decision of the Commission of the Customs Union from 18 June 2010 of No. 317 On application of 
veterinary and sanitary measures in the Customs Union is available in Eng lish in the following link  
at:  
https://docs.eaeunion.org/ru -ru/_layouts/15/Portal.EEC.NPB/Pages/Download.aspx?siteid=%7 
be1f13d1d -5914-465c-835f-2aa3762eddda%7d&webid=9260b414 -defe-45cc-88a3-eb5c732380 
76&docguid=064355fb -21f1-4add-b9f0-fe6cda8b9fb8&l cid=1033&type=document/  
The corresponding lists of the products are the intrinsic parts of the decisions.  
 
Adicionalmente, podría explicarnos, con mayor detalle, sobre el funcionamiento del 
sistema de información AGRUS/AGRUS FITO, a fin de conocer si el E cuador podría 
acceder al mismo para realizar consultas acerca de intercepciones, reportes, 
notificaciones u otra información relevante.  
 
Answer  
ARGUS/ARGUS FITO systems are designed for automatic import/export/transit permits generation 
and to collect the information on precise volumes and goods under veterinary surveillance 
nomenclature imported to the territory of the Russian Federation.  
Information on unsafe products detection is collected by VESTA system. The systems were 
designed and created in order t o facilitate administration of the SPS measures by the Russian 
competent authorities.  
Respectively, they are operated by the Russian competent authorities who have exclusive access 
to these systems. Thus, unfortunately, Ecuador can`t get access to these s ystems. But WT/TPR/M/345/Add.1  
 
- 293 - 
 
  Rosselkhoznadzor is always ready to cooperate with Ecuador 's SPS authorities to clarify any 
questions regarding the functioning of the systems.  WT/TPR/M/345/Add.1  
 
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  28  QUESTIONS FROM TURKE Y 
THE SECRETARIAT REPORT  
 
3.1.1 Customs procedures and requirements, para. 3.8 , pg. 42  
 
It is stated in the Secretariat Report that "Articles 38 -41 of the CU Customs Code and Articles 85 -
96 of Law No. 311-FZ provide for simplified customs formalities for operators who meet the 
specific conditions including:  
  provision of a guarante e for the payment of customs duties and taxes;  
  performance of foreign economic activities for at least one year;  
  absence of tax arrears or unfulfilled obligation to pay customs fees, interest, and penalties;  
  absence of repeated (two or more) customs administrative offences during the previous 
year;  
  absence of a record of conviction for economic criminal offences by the chief officers and 
employees conducting customs operations under the simplified procedures; and  
  use of an accounting system that e nables the customs authorities to check the accuracy of 
the information presented for customs clearance. "  
 
Could the Russian Federation provide information about the share of goods imported via 
simplified procedures?  
 
Answer  
Prior to importation of goods in the territor y of the Russian Federation 1.3 % of total volume of 
goods was declared by authorized economic operators under simplified customs formalities.  
The information regarding the share of imported products which are placed under simplified 
customs  formalities in the facilities, opened areas and other territories in the possession of 
authorized econom ic operators can not be provided, since there are no such statistics.  
 
3.1.6 Import prohibitions, restrictions, and licensing, para. 3.43, pg. 52  
 
It is stated in the Secretariat Report that "The EAEU Treaty states that these measures are to be 
introduced and applied according to the principles of transparency and non -discrimination. 
However, according to Article 47 of the EAEU Treaty, a member State may  unilaterally introduce  
and temporarily apply (for a 6 -month period) non -tariff measures in relation to third countries 
based on the procedure provided in the Protocol on Non -Tariff Measures in Relation to Third 
Countries (Annex 7 of the EAEU Treaty). "  
 
Could the Russian Federation  give any example of such a case of non -tariff measure 
unilaterally introduced to third countries? Could Russian Federation explain on what 
grounds these measures were applied?  
 
Answer  
The D ecree of the Government of the Russian Federation No. 826 of 19 August 2014 put in place 
the export ban on raw hides and skins with the purpose of assuring the implementation of state 
defence  procurement.  
 
3.2.4 Export finance, insurance, and guarantees, para. 3.102, pg. 69  
 
It is stated in th e Secretariat Report that "Since 2012, legal and institutional reforms intended to 
boost Russian exports have largely been framed by the "Support for Exports and Access to Foreign 
Markets" road map and the government programme on "Development of Foreign Ec onomic 
Activity" (2013 -2018). Devised as part of a broader initiative to modernize the Russian economy 
and to improve the investment climate, the road map and the programme stipulate various 
measures aimed at increasing both the number of Russian exporters  and the volume of non -raw 
material exports. Besides overseeing implementation efforts, the Ministry of Economic 
Development (MED) is elaborating specific sub -programmes for the subjects of the Russian 
Federation, setting out possible activities and perfor mance indicators. " 
 WT/TPR/M/345/Add.1  
 
- 295 - 
 
  Could the Russian Federation provide information on the main components of measures 
stipulated by the road map and the government programme in order to increase the 
volume of non -raw material exports?  
Answer  
The main components stipulat ed by the road map are the reduction and simplification of export 
procedures, development of the product range and increase of accessibility of financial services for 
exporters, development of export support infrastructure, development of the informational  and 
promotion -oriented support of export and research and development for the purposes of 
improvement of export support program mes. 
 
The main components stipulated by the government programme on "Development of Foreign 
Economic Activity" are the developme nt of bilateral trade and economic cooperation with foreign 
countries and multilateral economic cooperation with CIS countries, supporting the participation of 
the Russian Federation in the WTO, supporting the integration of the Russian Federation into 
global economic system, participation in international economic organizations, including the OECD, 
international commodity organizations and international forums, development of cooperation of 
the Russian Federation with regional economic organiza tions, devel opment of the Eurasian 
Economic U nion, creation of national support system s of foreign economic activity, development of 
system s of state regulation of foreign trade activity, development of customs activit ies and 
developm ent of the system of border -crossi ng points for the purposes of foreign trade activit ies. 
 
4.3.1.1 Banking, para. 4.119, pg. 143 -144  
 
It is stated in the Secretariat Report that "According to the IMF, the CBR has taken successful anti -
crisis measures to preserve banking stab ility. The Gov ernment's capital -support programme was 
completed and most forbearance measures which were introduced in December 2014 have been 
lifted, with the exception of continued flexibility in provisioning against loans restructured during 
December 2014 -December 20 15. To offset the impact of tighter capital definition and new capital 
buffers under Basel III, the CBR lowered the minimum regulatory capital adequacy ratio (CAR) of 
banks from 10% to 8%, which is in line with the minimum Basel III requirements. Moreover,  retail 
deposits have increased, liquidity conditions improved, and banks' reliance on CBR funding 
decreased. Furthermore, bank lending is relatively diversified across sectors without significant 
concentration in the oil and gas industry. However, the Rus sian banking system remains weak and 
faces significant challenges, as reflected in the closure of many, mainly small, banks. "  
 
Could the Russian Federation explain the main challenges that led to the closure of small 
banks?  
 
Answer  
The results of the bank ing sector stress -tests (quality of their methodology was approved in the 
framework of Financial Sector Assessment Program me conducted by the IMF and the World Bank 
in 2016 ) show that stability of the Russian banking sector increased; the banking system i s able 
to function under globally accepted standards of regulation and supervision.  As for revocation of 
licenses from weak banks - irrespective of their size - it demonstrates the Bank of Russia 's 
resolute commitment to strengthening the banking sector. T he Bank of Russia provides for 
cleaning the market of institution that has lost capital; their further activity could be detrimental to 
creditors and depositors. The Bank of Russia 's efforts result in formation in Russia of more 
transparent, stable banking  sector capable to service enterprises of various sizes – from largest 
businesses to small and medium ones.  
 
4.3.1.2 Insurance, para. 4.127, pg. 147  
 
It is stated in the Secretariat Report that "An action plan for the insurance sector, "Development 
strate gy of insurance business in the Russian Federation up to 2020", was set out in Government 
Decree No. 1293-4 of 22 July 2013. The date of introduction of the relevant legislation is set for 
2017. Under its GATS commitments, the Russian Federation does not p ermit the establishment of 
insurance branches in the field of life and non -life insurance. By August 2021 (i.e. 9 years from the 
date of its accession to the WTO), the Russian Federation is to allow commercial presence in the 
form of a branch of a foreign insurer in life insurance and non -life insurance (except insurance of 
state procurement and mandatory insurance other than mandatory insurance of civil liability of 
owners of cars) subject to licensing, financial soundness and guarantee deposit requirement s. WT/TPR/M/345/Add.1  
 
- 296 - 
 
  Particular requirements for establishment of a branch by a foreign insurer are also set out in the 
Russian Federation's GATS commitments. " 
 
Could the Russian Federation clarify the term ''financially sound '' with respect to its 
GATS commitments and regu lations?  
 
Answer  
At preset the government authorities of the Russian Federation is working on the draft law on 
amendments to the insurance legislation in respect of branches of foreign insurers where the 
above -mentioned requirements will be defined includi ng forms and amount of a guarantee deposit.  
  
4.4 Tourism, para. 4.179, pg. 156  
 
It is stated in the Secretariat Report that "Under the GATS, the Russian Federation undertook 
commitments in a number of tourism and travel sectors (i.e. hotels and restaurant s, including 
catering (CPC 641, CPC 642, CPC 643)). Mode 3 commitments on hotels and restaurants are 
subject to requirements of incorporation in the Russian Federation and authorization from local 
authorities taking into account city -development planning a nd programmes of social and economic 
development in their jurisdiction. "  
 
Could the Russian Federation explain the requirements of authorization from local 
authorities for the establishment of hotels and restaurants? Where can a supplier 
acquire informati on about the requirements?  
 
Answer  
According to the Schedule of Specific Commitments on Services of the Russian Federation 
obligations in respect of hotels and restaurants (mode 3) stipulate in particular that the 
authorization from local authorities is r equired and shall be issued on a non -discriminatory basis, 
taking into account the city -development planning and programmes of social and economic 
development in their jurisdiction. Russian legislation does not provide for the uniform requirements 
in respe ct of such an authorization. Local authorities can themselves introduce their own set of 
requirements (depending on the geographical location of the entity or type of activity). At the 
same time, such requirements established on a local level should not co ntradict with the federal 
legislation.  
 
THE GOVERNMENT REPORT  
 
4.4. Industrial Policy,  para. 4.28, pg. 8  
  
It is stated in the Government Report that  "…implementing resource -saving and ecologically safe 
Technologies ." is stated as one of the "fundamental p rinciples " that "Russia's industrial policy is 
based on. " 
 
Could Russia explain if, and how, import policy tools such as licensing or restrictions 
are, or  will be, employed to this end?  
 
Answer  
According to the Federal L aw No. 488-FZ on industrial policy i n the Russian Federation support can 
be provided in the form of financial support, information and advice, support of ongoing scientific, 
technical and innovative activities in the industrial sphere, human resource development support, 
support of external economic activity, national and municipal preferences, other promotion 
measures set forth in the mentioned law, established by other Federal laws and regulations of the 
President of the Russian Federation, acts of the Government of the Russian Federation, laws of the 
constituent entities of the Russian Federation and municipal charters.  
It does not provide for "import policy tools " which can prohibit or restrict import.  
 WT/TPR/M/345/Add.1  
 
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  ADITIONAL QUESTIONS BY TURKEY  
 
THE SECRETARIAT REPORT  
 
Summary, pg. 8, 2  
 
It is stated  in the Secretariat Report that "The State continues to play a major role throughout the 
Russian economy, with state -owned enterprises (SOEs) still accounting for about half of GDP 
despite a recent decline in their number, partly a legacy from the Soviet s ystem. Some of the 
largest SOEs occupy a dominant position in key sectors, notably in banking, transport and energy. 
The Russian authorities are taking steps to improve corporate governance and privatize SOEs in 
order to increase overall productivity, comp etition and efficiency. The bulk of the privatization 
programme 2014 -2016 has been postponed mainly due to adverse market conditions (low asset 
prices) compounded by the economic slowdown. " 
 
Could the Russian Federation provide detailed information about p rivatization 
programme mentioned in the text? Furthermore, could the Russian Federation explain 
its approach for the liberalization of the sectors dominated by large SOEs?  
 
Answer  
Aims and objectives of privatization  
  reduction of state involvement into ec onomy and creation of environment for development 
of small and medium enterprises on the basis of legal and tax regulation, as well as credit, 
scientific and technological, personnel, methodological, etc. support  of the state  
  innovative and socially -oriented economic development  
  multiplicative effect (additional tax inflows from the investments made by investor into 
privatized asset)  
  Expected social and economic impact:  
  financing of infrastructure;  
  creation of additional jobs;  
  involvement of non -state pension finds (NPFs) into privatization of the largest assets  
  creation the conditions for  involvement of non -budget investments into development of 
joint-stock companies on the basis of modern technologies;  
  downsizing of state sector of the economy in o rder to develop and stimulate innovative 
policy initiatives of private investors;  
  improvement of corporate governance;  
  promotion of capital markets development;  
  development of integral frameworks in strategic economic sectors  
 
Privatization process is b eing implemented consistently in accordance with the Federal Law of the 
Russian Federation of 21 December 2001  "On privatization of State and Municipal Property " No. 
178-FZ and the programs of privatization of federal property approved by the Government of  the 
Russian Federation for the relevant time period (at present – for the period of three years), which 
provide for the timeframes and lists of federal property assigned for privatization.  
 
The market value of the assets to be privatized is determined in accordance with the legislation of 
the Russian Federation on valuation activities. Investment demand for the assets to be privatized 
depends, inter alia , on the current market environment. Such factor as seasonality also plays role 
in the process - there is  a decrease in activity of potential investors within certain periods of the 
year (June - August). The Decision of the Government of the Russian Federation of 1 July 2013 
No. 1111-р established the "Schedule of Privatization of federal property for the per iod of 2014 -
2016" (available in Russian at : http://www.rosim.ru/documents/154973 ). Federally owned 
enterprises of, inter alia, transport, financial and oil production sectors are included in this 
Schedu le. 
 
Summary, pg. 9, 11  
 
It is stated in the Secretariat Report that "When investing in the Russian Federation, the key 
concerns of foreign investors include corruption, transparency, rule of law, tax rates and 
complexity of tax regulations, access to fina ncing, and respect for property rights. To address 
these challenges, various measures have been implemented, including adopting the National Anti -
Corruption Action Plan, amending the Criminal Code and the Code on Administrative Violations, WT/TPR/M/345/Add.1  
 
- 298 - 
 
  and ratifying th e OECD Anti -Bribery Convention, banning bribes to foreign officials. Moreover, the 
National Business Initiative Program me, the Institute of the Entrepreneurs' Ombudsman of the 
President of the Russian Federation, and other regulatory reforms have been esta blished over the 
last few years to attract larger FDI inflows and improve the business climate. " 
 
In this context, could the Russian Federation explain its approach to international 
arbitration for foreign investors and whether it is considering to ratify ICSID 
Convention?  
 
Answer  
International arbitration for foreign investors is an important element of protecting investors ' 
rights and thus contributes to the attraction of larger FDI inflows and improvement of the business 
climate.  
 
International arbitrati on in Russia is regulated by Federal Law No. 160-FZ of 9 July 1999 "On 
Foreign Investments in the Russian Federation " (as last amended on 5 May 2014) and Law of the 
Russian Federation No. 5338-1 of 7 July 1993 "On International Commercial Arbitration " (as last 
amended on 29  December 2015). A foreign investor's dispute arising in connection with engaging 
in investment and performing entrepreneurial activities in the territory of the Russian Federation 
shall be resolved in compliance with international treati es of the Russian Federation  and federal 
laws, in court or A rbitration court or in an international arbitration court.  
 
All investment promotion and protection agreements (IPPA) of the Russian Federation that are 
currently in force contain Investor -to-State dispute settlement provisions that provide for the 
settlement of such disputes under the relevant IPPA, including through arbitration.  
The Russian Federation is not considering to ratify the ICSID Convention.  
 
2.5 Investment Regime, pg. 35, 2.35  
 
It is s tated in the Secretariat Report that  "The basic legal provisions relating to the activities of 
national and foreign investors include: Law No. 160-FZ of 9 July 1999 "On Foreign Investment in 
the Russian Federation"; Law No. 39-FZ of 25 February 1999 "On In vestment Activity in the 
Russian Federation in the Form of Capital Investment"; Law No. 57-FZ of 29 April 2008 "Order of 
Investing by Foreign Persons in Companies Having Strategic Importance for Ensuring the Defence 
of the Country and the Security of the S tate"; and Law of the RSFSR No. 1488-1 of 26 June 1991 
"On Investment Activity in the Russian Soviet Federative Socialist Republic (RSFSR)". " 
 
According to this paragraph, the Russian Federation has some separate laws and 
regulations for the regulation of foreign investment. Could the Russian Federation 
explain its approach whether it is going to consolidate these laws and regulations under 
one framework regulation?  
 
Answer  
There are no current plans of consolidating Russian laws and regulations on matters related to 
foreign investments.  
 
2.5 Investment Regime, pg. 36, 2.38  
 
It is stated in the Secretariat Report that "Law No. 57-FZ of 29 April 2008 "On the Order of 
Investing by Foreign Persons in Companies Having Strategic Importance for Ensuring the Defenc e 
of the Country and the Security of the State" (as amended) provides for a special regime for 
foreign investors wishing to participate in certain economic activities of strategic importance for 
the Russian Federation. At present, Article 6 of Law No. 57-FZ provides for 45 types of activities 
having strategic importance for national defence and state security (the law originally specified 
42)." 
 
Could the Russian Federation explain its approach about whether it is planning to 
diminish the number of activiti es having strategic importance for national defence and 
state security?  
 WT/TPR/M/345/Add.1  
 
- 299 - 
 
  Answer  
According to the general policy towards reducing  the government participation i n the economy, the 
Russian Federation tends to elaborate ways of diminishing the number of activi ties of strategic 
importance. In 2014  the list of strategic activities  was further shortened (for example, the dealing 
with contagious agents related to the sphere of food production was removed ). Further review of 
the possibility to reduce  the number of s uch act ivities is currently in process . 
 
2.5 Investment Regime, pg. 39, 2.57  
 
It is stated in the Secretariat Report that "Under Law No. 115-FZ of 25 July 2002 "On the Legal 
Position of Foreign Citizens in the Russian Federation", work permits are issued t o highly qualified 
specialists for the period of their employment contracts, but not exceeding three years. Specialists 
on secondment and representatives of foreign companies investing in the Russian Federation may 
receive an ordinary business visa for up to five years. " 
 
Could the Russian Federation provide detailed information about "highly qualified 
specialists "? According to this paragraph, work permit duration cannot exceed three 
years. So, is it possible to exceed three years by renewal of work permit s? 
 
Answer  
In accordance with the Federal Law of 25 July 2002 No. 115-FZ "On the legal status of foreign 
citizens", a foreign specialist is a foreign citizen that has work experience, skills, or achievements 
in the particular field of activity if the condi tions for his/her attraction to the labour activity in the 
Russian Federation assumes obtaining wages (remuneration) by him/her:  
 
1) in the amount of not less than eighty -three thousand five hundred roubles per calendar month 
– for highly quali fied special ists being researchers or professors in case of their invitation for the 
employment in research or pedagogic activities for the existing state -accredited educational 
programmes by educational institutions of higher education, state academies of sciences or  their 
regional branches, national research centres or state research centres, as well as for highly 
qualified specialists attracted for labour activities by residents of industrial production, tourist -
recreational and port special economic zones (excludin g individual entrepreneurs) by organizations 
that carry out activity in the field of information technologies and that have received in the manner 
stipulated by the Government of the Russian Federation the document on the state accreditation of 
the organiz ation that carries out the activity in the field of information technologies (except for 
organizations that have a status of a resident of a technical -innovation special economic zone);  
1.1) in the amount of not less than fifty -eight thousand five hundred roubles per calendar month – 
for foreign citizens attracted for labour activity by residents of a technical -innovative special 
economic zone (except for individual entrepreneurs);  
1.2) in the amount of not less than one million roubles per year (per 365 ca lendar days) – for 
highly qualified specialists who are medical, pedagogic or scientific workers in case of their 
invitation for the engagement in the relevant activity in the territory of an international medical 
cluster;  
 
2) not taking into account the w age requirements – for foreign citizens participating in the 
implementation of "Skolkovo " project in accordance with the Federal law "On the centre of 
innovations "Skolkovo";  
2.1) in the amount of not less than eighty -three thousand five hundred roubles pe r calendar 
month – for foreign citizens attracted for labour activity by legal persons that carry out the activity 
in the territories of the Republic of Crimea and the Federal city of Sevastopol;  
 
3) in the amount of not less than one hundred and sixty -seven thousand roubles per calendar 
month – for other foreign citizens.  
The labour permit for a highly qualified specialist is granted for the contract period of a labour 
contract or a civil -law contract concluded by him/her for performing of works (rendering  of 
services) with an attracting employer or a customer of works (services), but no more than for 
three years. The specified contract period of work permission may be repeatedly prolonged for the 
period of a labour contract or a civil -law contract for perf orming of works (rendering of services), 
but no more than three years for each such prolongation.  WT/TPR/M/345/Add.1  
 
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  29  QUESTIONS FROM COLOM BIA 
1. Las solicitud es de investigación que inicie t he Eurasian Economic Commission 
Departament for Internal Market Defence (DIMD) pueden  ser iniciadas solo por la 
Comisión o se pueden iniciar por cada país?  
 
Answer  
The Department for Internal Market Defence  of the Eurasian Economic Commission ("DIMD") is a 
single investigating authority of the Eurasian Economic Union. The Eurasian Economic  Union 
applies single trade defence  measures with regard to imports of products originating in third 
countries. In accordance with the provisions of the Treaty on the Eurasian Economic Union of 29 
May 2014 a trade remedy investigation may be initiated upon  application of a domestic industry of 
the EAEU Member States or on the investigating authority's own initiative.  
 
2. Para establecer la representatividad de la rama de producción nacional se 
considera la suma de los tres países Bielorusia, Kazakistán y R usia?  
 
Answer  
Currently the Eurasian Economic Union consists of 5 Member States: Armenia, Belarus, 
Kazakhstan, the Kyrgyz Republic and the Russian Federation. Therefore, to establish total 
domestic production of the like product in the Eurasian Economic Un ion and the representativeness 
of a domestic industry of the EAEU Member States the production of all 5 Member States is taken 
into account.  
 
3. Para el cuadro de variables de daño importante se considera la suma de los tres 
países para establecer todas la s variables establecidas por la OMC?  
 
Answer  
The material injury is established with regard to a domestic industry of the EAEU. Hence, the 
injury indicators, as required by the relevant WTO Agreements, are evaluated with regard to a 
domestic industry of th e EAEU. Composition of a domestic industry in terms of representation of 
the Member States depends on existence of domestic producers producing the like product on the 
territory of each Member State.  
 
4. Como establecen los derechos antidumping para cada país en caso de imponerse 
tales medidas?  
 
Answer  
The Russian Federation notes that the Eurasian Economic Union applies single trade remedy 
measures pursuant to trade remedy investigations conducted by a single investigating authority. 
Anti-dumping duties a re imposed by the Eurasian Economic Union as a whole with regard to 
imports of products originating in third countries. As regards implementation of the decisions to 
impose anti -dumping measures, anti -dumping duties are collected by the national customs 
authorities of all 5 Member States.  
 
5. Tienen establecido algún mecanismo para que las partes interesadas puedan 
acceder al uso parcial de cierta información confidencial, cumpliendo con algunas 
restricciones legales?  
 
Answer  
Confidential information submi tted to the DIMD cannot be disclosed to interested parties without a 
written permission of the submitting party. However, all parties to investigation have access to 
non-confidential versions of documents that contain non -confidential summaries of informat ion 
submitted in confidence. For detailed rules on confidentiality of information please refer to the 
Protocol on Application of Safeguard, Anti -Dumping and Countervailing Measures with Respect to 
Third Countries (Annex No. 8 to the Treaty on the EAEU).27 
 
                                                
27 Notification of Laws and Regulations under Articles 18.5, 32.6 and 12.6 of the Agreements 
by the Russian Federation (G /ADP/N/1/RUS/2, G/SCM/N/1/RUS/2, G/SG/N/1/RUS/2).  
 WT/TPR/M/345/Add.1  
 
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  6. En caso de iniciar una investigación para aplicar medidas de salvaguardia la 
pueden iniciar solo con el 25% de representatividad de los peticionarios?  
 
Answer  
The applicants together with producers that support an application must account for not less than 
25% of the total domestic production of the like or directly competitive product to be eligible to 
apply for initiation of the investigation (see para.189(1) of the Protocol).  
 
7. ¿Cuál es el criterio para considerar que 25% es representativo de la r ama de 
producción nacional?  
 
Answer  
The EAEU law envisages that the share of the applicant together with the producers supporting the 
application in the total volume of production of the like or directly competitive product in the 
Eurasian Economic Union s hall be not less than 25%. It is the minimum threshold for domestic 
support that is required for initiation of the investigation.  
To recall, the WTO Agreement on Safeguards does not contain quantitative indications as to what 
is to be considered a minimum  threshold to determine "a major proportion of the total domestic 
production".  
Therefore, the precise figure of 25% (minimum volume of production) was included in the EAEU 
law to specify clear frames for the domestic industry when it can apply for initiat ion of a safeguard 
investigation.  
 
8. ¿Cuándo se trata de investigaciones antidumping o subvenciones pueden iniciar 
una investigación si  tienen al menos el 25% de representatividad?  
 
Answer  
25% is the minimum threshold for domestic support. If the domestic  producers (including the 
applicant) that support the application account for less than 25%, the application shall be rejected 
by the investigating authority, since it does not comply with the standing requirements.  
 
9. Con respecto a las medi das antidumpi ng sobre seamless s teel oil country tubular  
goods, originarios de China y b ars and rods, originarios de Ucrania, podrían informar en 
qué consistió la medida definitiva, por cuanto tiempo se estableció, se presentaron 
compromiso de precios y cuales otros fa ctores de no atribución del daño importante se 
tuvieron en cuenta para tomar la decisión?  
 
Answer  
Please refer to notifications of the Russian Federation to the WTO that may be obtained 
electronically from the WTO Secretariat by government representatives.  In addition, the reports of 
the DIMD are available on the website of the EAEU  at: http://www.eaeunion.org/ .  WT/TPR/M/345/Add.1  
 
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30  QUESTIONS FROM HONG KONG, CHINA  
Questions on the Secretariat Report  
 
A. Trade Policies and Practices by Measure  
 
Export finance, insurance, and guarantees  
 
(WT/TPR/S/345: Page 70, para 3.103)  
 
1. Public funds in support of Russian businesses seeking to originate or increase export sales 
are made available at both the federal and sub -federal levels of governm ent. The executive 
authorities of the subjects of the Russian Federation annually compete for federal co -financing of 
their respective SME support programmes, which may have an export assistance component.  
Although the types of support and eligibility crit eria applied under sub -federal programmes are not 
standardized, the Ministry of Economic Development estimates that most regional authorities tend 
to assist resident exporters through grants or subsidized interest payments on export -related 
loans.  
 
Questio n 
Why are the types of support and eligibility criteria of support programmes different? 
Does the same definition of SMEs apply to all SME support programmes?  Do SMEs with 
foreign ownership also benefit?   
 
Answer  
The program me mentioned in para. 3.103 of t he Secretariat report is aimed at supporting the 
development of SMEs in the Russian Federation. This program is provided for under the Resolution 
of the Government of the Russian Federation of 15 April 2014 No. 316. The executive authorities 
of the subject s of the Russian Federation annually receive co -financing of their respective SME 
support programmes on a competition basis. The sub -federal  SME support programmes are not 
unified. The content of the SME support programmes depends on needs of a particular region.  
According to the Resolution of the Government of the Russian Federation of 15 April 2014 No. 316 
SME's which meet the criteria established in the Federal law No. 209 of 24 July 2007 and Federal 
Law No. 74-FZ of 11 June 2003  are eligible for state s upport except for those indicated in 
Article  14 of the  Federal law No. 209.  
 
Territorial Development Zones  
 
(WT/TPR/S/345: Page 85, paras 3.150)  
 
2. Law No. 392-FZ of 3 December 2011 and Government Resolution No. 326 of 10 April 2013 
provide for the estab lishment of Territorial Development Zones for up to twenty years where state 
support may be provided to accelerate the socio -economic development of regions of the Russian 
Federation.  Regions approved by the Government may apply for the creation of territo rial 
development zones where incentives may be granted.  The incentives could include tax incentives, 
leasing, subsidies, state guarantees on loans, etc. By end -May 2016, no territorial development 
zone had been created.  
 
Question  
Could the Russian Federati on explain in more details the scheme for the establishment 
of Territorial Development Zones?  What kinds of industries or economic activities are 
covered?  What is the reason for no territorial development zone being created despite 
the support and incentiv es provided?   
 
Answer  
The purpose of establishment Territorial Development Zones is to reduce differences in social and 
economic development of the regions of the Russian Federation by establishment of favorable 
conditions for investors. The decision on es tablishment Territorial Development Zones are adopted 
by the Government of the Russian F ederation upon request from the supreme regional executive 
authority. The list of regions on the territories of which Territorial Development Zones may be 
established i s provided for by the Resolution of the Government of the Russian Federation No. 326 WT/TPR/M/345/Add.1  
 
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  of 10 April 2013. The establishment of Territor ial Development Zones depends on the  needs of a 
particular region.  
 
State enterprises  
 
(WT/TPR/S/345: Page 85, para 3.152)  
 
3. State enterprises may be required to implement some aspects of industrial policy in the 
Russian Federation.  For example, to purchase innovative and high -tech products from small and 
medium sized enterprises (the list of state enterprises includes the 13  out of the 35 that are 
required to get their procurement schedules approved by the Federal Corporation for Development 
of Small and Medium Enterprises).  
 
Question  
Could the Russian Federation elaborate on the requirement for state enterprises to 
purchase innovative and high -tech products from SMEs, in particular, would local and 
foreign SMEs alike receive the same treatment and opportunities under the 
arrangement? What are the other aspects of industrial policy that state enterprises may 
be required to imp lement?   
 
Answer  
Specific mechanisms of  purchase of innovative and high -tech products are established under the 
Federal Law No. 223-FZ of 18  July 2011 "On purchase of goods and services by certain types of 
legal entities ". 
A list of specific legal entitie s that are required to purchase innovative and high -tech products, 
including from SMEs was introduced by the Resolution of the Government of the Russian 
Federation of 21 March 2016 No. 475-r "On the List of certain juridical persons required to 
purchase in novative and high -tech products, including from small - or medium -sized enterprises "  
These legal entities have a right to purchase innovative and  high-tech products totaling 10 % of 
annual amount of contracts including 5% of those purchased from small - or m edium -sized 
enterprises under paragraph 2 of the Procedure of the estimation annual purchases of innovative 
and high -tech products adopted by the Government Resolution No. 1442 of  25 December 2016 as 
well as in accordance with the paragraph 5(2) of the Pro cedure of participation of small - or 
medium -sized enterprises in procurements adopted by the G overnment Decree No. 1352 of 
11 December 2014. However, purchasing legal entities may exceed the estimated annual 
purchases of innovative and high -tech products c alculated in accordance with the abovementioned 
procedures.  
There are no restrictions for purchasing innovative and high -tech products by state -owned 
enterprises from SMEs under the relevant legislation in respect of purchasing entities participating 
in procurement of innovative and high -tech products.  
Other aspects of industrial policy in respect of state enterprises such as for example purchase of 
industrial goods are established in the Federal Law of 31 December 2014 "On Industrial Policy of 
the Russian Federation"  No. 488-FZ.  
 
(WT/TPR/S/345: Page 86, paras 3.154 -3.155)  
 
4. Despite an overall decline in the number of state -owned enterprises (SOEs), they remain 
significant in the economy, and are concentrated in sectors such as banking, telecommunications , 
transport and energy.  According to the IMF, as at October 2013, the public sector included 31,092 
public corporations which included 22,440 unitary enterprises, 308 state corporations (11 financial 
and 297 non -financial), and 8,344 joint stock companies.  There were 10,799 other, unspecified 
government -controlled entities included in the official statistical register of the Federal Statistics 
Service.  
 
Question  
Could the Russian Federation provide information regarding the "unspecified 
government -controlle d entities "? As the number is quite significant, would it be possible 
to make more detailed classification for this category of entities in the official statistical 
register in future to enhance the transparency?  
 WT/TPR/M/345/Add.1  
 
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  Answer  
The information on classification of government -controlled entities (based inter alia on their legal 
form of incorporation, type (commercial or non -commercial), form of state ownership and types of 
economic activities) is available at the  Federal Statistics Service web site(at the following  link: 
http://www.gks.ru/free_doc/new_site/gosudar/pok_effect/calendar_publ.htm ) 
 
(WT/TPR/S/345: Page 87, paras 3.157 -3.158)  
 
5. The Russian Federation fully or partia lly privatized 1,180 joint stock companies and 274 
federal unitary enterprises in 2010 -14. However, privatization proceeds in 2010 -14 were only 40% 
stock or 35% of state -owned of the planned total. Amongst other reasons, the bulk of the 
privatization progr amme has been postponed due to low asset prices, compounded by the 
economic slowdown.  
 
Question  
Could the Russian Federation share with us its future plans for its privatisation 
programme? Would there be any criteria or preconditions such as sales/profit l evel, 
state ownership, asset prices, for selecting the sectors, industries or enterprises to go 
for privatization earlier or later?   
 
Answer  
In accordance with the legislation of the Russian Federation on privatization the programme of 
privatization of fed eral property in 2017 -2019 is being prepared. In accordance with the Decree of 
the President of the Russian Federation of 7 May 2012 No. 596 "On the long -term state economic 
policy", the programme provides for the completion of the withdrawal of the state from the capital 
of companies of the "non -commodity sector" which are not related to the subjects of natural 
monopolies and the defence  industry organizations.  
 
B. Trade Policies by Sector  
 
Banking  
 
(WT/TPR/S/345: Page 144, paras 4.120 -4.121)  
 
6. Foreign c apital participation in the Russian banking sector decreased from 25.1% in 2008 to 
16.9% in the beginning of 2016.  Under the new calculating methodology used by Central Bank of 
Russia (CBR) starting in 2016, the foreign capital participation further decrea sed to 13.4%.  
 
Question  
Why did foreign capital participation decrease in the Russian banking sector?  Are there 
any plans to attract more foreign capitals to participate in the sector?   
 
Answer  
While analyzing the dynamics of the foreign participation shar e in the banking sector it is 
necessary to keep in mind the number of the following factors:  
  the share of foreign capital participation in the banking sector is calculated as the ratio of 
the aggregate value of the participation of non -residents in the ch arter capital of credit 
institutions to the aggregate charter capital in the banking sector;  
  during the specified in question period there was a significant increase in the total charter 
capital in the banking sector: if as of 1 January 2009, the total ch arter capital amounted to 
881 billion rouble s, then on 1 September 2016 it reached 2388 billion rouble s (2.7 times 
growth). During the specified period, there was a rapid increase in the charter capital of 
credit organizations due to Russian investors;  
  in addition, for the purpose of quota calculation, according to the approaches applied since 
2016 which correspond to the commitments of the Russian Federation on accession to 
WTO and which fixed in the Report of Working Party, part of foreign investment rec ognized 
as such by the Law on banks and banking activities is excluded from the calculation. In 
particular, all foreign investments made prior to 1 January2007, foreign investments made 
in banks with state participation, the privatization of which had been  carried out after the 
accession of the Russian Federation to the WTO (August 2012) and a number of others are 
excluded from the calculation;  WT/TPR/M/345/Add.1  
 
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    during the specified in question period the licenses were revoked from the significant 
number of credit instituti ons including those with the participation of foreign capital.  
 
The above -mentioned information shows that in this situation it is impossible to talk about any 
obstructive reduction of foreign investments and about the need to use the additional tools to 
attract foreign capital. Moreover, the interest of foreign capital in the participation in the Russian 
banking sector is still in place, in particular, the higher interest in the specified type of investment 
from the investors of Asian countries should be noted.  
 
Insurance  
 
(WT/TPR/S/345: Page 147, paras 4.127, 4.128 & 4.130)  
 
7. Under the action plan "Development strategy of insurance business in the Russian 
Federation up to 2020 ", the date of introduction of the relevant legislation was set for 2017.  The 
Russian Federation has undertaken to liberalise its insurance sector several years from the date of 
its accession to the WTO.  
 
Question  
We would like to have more details on the latest development of the "Development 
strategy of insurance business in the R ussian Federation up to 2020 " and its relevant 
legislations.  Does the action plan help the Russian Government to comply with its GATS 
commitments in the WTO?  Would there be any measures to encourage or attract foreign 
investments in the insurance sector?   
 
Answer  
The main Strategy 's goal is a complex assistance of  development of the insurance  sector in Russia 
into a strategically important sector of Russia 's economy, ensuring:  
• increase of society economic stability,  
• increase of social protection of citizens  and decrease of social tensions in society by 
conducting effective insurance protection of proprietary interests of natural and legal 
persons;  
• attraction of  investments to Russian economy.  
 
In accordance with the Strategy  the following measures are being implemented in order to:  
 harmonize Russian insurance legislation particularly relating to rapprochement with 
international norms of regulation;  
 define approaches on forming legal basis for activity of foreign insurers ' and reinsures ' 
branches on the territ ory of the Russian Federation . 
 
The aim  of Strategy of financial market development of the Russian Federation  approved by the 
Government of the Russian Federation by the Order  dated 29 December2008 No. 2043 is to 
ensure a rapid economic development of the Russian Federation with the aid of qualitative increase 
of competitiveness of the Russian financial market and establishing on its basis a self -sustained 
financial center, which will be able to concentrate offer of wide range of financial instruments and 
to ensure demand for financial instruments both from internal and external investors.  
 
Postal Services  
 
(WT/TPR/S/345: Page 152, para 4.157)  
 
8. The public joint -stock company (PJSC) Post Bank was created in partnership with the FSUE 
Russian Post and VTB gr oup in 2015.  Based on the existing network of postal offices, the company 
would provide banking services to citizens throughout the country, including in remote and 
sparsely populated areas.  
 
Question  
Is the Post Bank regulated by the CRB in the same ways as other banks?  The use of the 
existing network of postal offices might give some advantages to the Post Bank.  Is there 
any action taken by the Russian Government to ensure the fair competition among 
banks?   
 WT/TPR/M/345/Add.1  
 
- 306 - 
 
  Answer  
PJSC "Post Bank" is a credit institution  registered in accordance with the Federal Law "On Banks 
and Banking Activities" and it has obtained the license of the Bank of Russia for the conduct of 
banking operations using the funds in rouble s and in foreign currency with natural and legal 
persons.  
 
The Bank of Russia constantly carries out the supervision over the compliance by credit 
institutions, including PJSC "Post Bank", with the legislation of the Russian Federation, with the 
regulatory acts of the Bank of Russia, and with specified regulatory  limits.  
 
Besides, the Federal Antimonopoly Service jointly with the Bank of Russia guided by the Federal 
law "On the Protection of Competition" and Article 32 of the Federal Law "On Banks and Banking 
Activity" control the observance of the antimonopoly ru les in the field of banking services.  
It applies to all credit institutions including PJSC "Post Bank".  
 
The expansion of the regional network by PJSC "Post Bank" as well as other credit institutions for 
the purpose of the provision of banking services is  carried out in the manner determined for all 
credit institutions by Article 22 of the Federal Law "On Banks and Banking Activities" and 
normative acts of the Bank of Russia.  
 WT/TPR/M/345/Add.1  
 
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  31  QUESTIONS FROM THE REPUBLIC OF MOLDOVA  
WT/TPR/S/345  
Para 3.56  (page 57) as reg ards "The DIMD publishes notices of trade remedy actions on the 
Eurasian Economic Commission's website.  Public notices are also forwarded to the competent 
authorities of the exporting countries and other interested parties known to the DIMD. The notices 
include information on: initiation of investigation; imposition of provisional measures; possible 
retroactive application of AD or CV measures; conclusions of investigations in cases of affirmative 
determination and imposition of definitive measures; conclus ions or suspensions of the 
investigations pursuant to acceptance of price undertakings; termination of the investigations 
without imposition of measures; and other decisions such as publications of reports, extensions of 
investigations, public hearings, et c." 
Question  
Other then the measures described in paragraph 3.56 above, does the Russian 
Federation plan to introduce additional transparency measures regarding dumping 
investigations and procedures?  
Answer  
The Russian Federation notes that paragraph 3.56  provides general information on types of public 
notices issued by the DIMD. The scope of information disclosed to interested parties depends on 
the stage of the investigation proceedings.  
Before initiation of an investigation the DIMD issues a notice to the exporting country authority 
that an application was filed (in anti -dumping or countervailing duty investigations). Before final 
determination the investigating authority issues a non -confidential report for comments (this 
report contains essential fact s which form the basis for the decision to apply definitive measures). 
Foreign producers and (or) exporters also receive individual dumping disclosure that contains 
detailed calculations with regard to the margin of dumping. Respondents are provided with a n 
opportunity to comment on this individual disclosure. At the time of a final or preliminary 
determination the final version of the non -confidential report is published. This report takes into 
account the comments received from the participants to an inve stigation.  
The DIMD provides on -line access to non -confidential record of the investigation to participants of 
the investigation. Each participant of the investigation may apply for access to full electronic 
record of the investigation through the website . 
Para 3.6  (page 41) as regards the Russian Federation's Presidential Decree No. 1 and 
Government Resolution No. 1 of January 2016 ban all international transit of cargo by road and rail 
from Ukraine to Kazakhstan through the territory of the Russian Feder ation.  
Question  
Can the Russian Federation provide more information on the rationale of this transit 
restriction and its compatibility with GATT Article V, which requires WTO Members to 
apply a free transit regime? Is this measure applicable only to transi t of goods from 
Ukraine?  
Answer  
Taking into account request of Ukraine under DSU for consultations on this matter,  we do consider 
discussion of the issue as not appropriate.  
Para 3.13  (page 42) as regards "A risk management system has been introduced to id entify 
importers with a low risk of violation of requirements, which has classified 2,000 traders as "low -
risk" representing 44% of goods declarations and 55% of the value of customs duties. The risk 
management system includes agent -based criteria which in clude their type of economic activities 
and their track records, and goods -based criteria which include the types of goods. The system 
works at regional and federal level and is updated regularly "  WT/TPR/M/345/Add.1  
 
- 308 - 
 
  Question  
Can the Russian Federation provide more informati on on how does it implement this 
subject -oriented approach to risk management? Are the lists determined in another 
Member of the Customs Union (e.g. Belarus) valid upon entry into the Russian 
Federation? Where the latest information on this can be accessed ?  
Answer  
Subject -risk oriented system introduced in 2013 is a part of general risk management system. 
Such classification of organizations is performed based on economic activities of foreign trade 
participants and other automated criteria. The vehicles m anufacturers, producing and exporting 
enterprises, as well as enterprises importing meat and fishery products are considered to be with 
low risk of violation of requirements.  
Upon the application by foreign trade participants the customs authorities analyz e the possible 
risks taking into account  their financial stability and consistency with customs regulation.  
There is a national list of low risk foreign trade participants which is regularly updated and is 
publicly not available.  Each EAEU member state ha s its own list.  
Para 28  (page 11) as regards "Import substitution has become a key factor in the agricultural 
policy of the Russian Federation. In August 2014, in response to economic sanctions imposed by 
some Western countries, the Russian Federation intr oduced a one -year ban and limits on imports 
of agricultural and food products against such countries. The banned products include certain fresh 
fruits, vegetables, meat, poultry, fish, and dairy products. Sanctions and counter -sanctions have 
subsequently b een extended ". 
Question  
The Republic of Moldova notes that starting 2014, and inspite of agreed free trade preferences 
under the CIS FTA, the Russian Federation has imposed trade restrictions on cetain Moldovan 
products. As a result, this has greatly reduc ed the volumes of Moldovan exports to Russia in 19 
agricultural products, which represent Moldova 's main exports. The trade restrictive measures 
have taken the form of increased import duties on these products from a previous level of 0 -5% 
to a current lev el of 15% (under Govermental Decision No 736 from 31 July 2014). The exports of 
certain agricultural products has been generally banned. These include fresh fruit and vegetables, 
wines and other alocholic drinks, canned fruit and vegetables, and processed meat. Currently, 
only certain producers placed on a special lists can export some of these products to Russia. Thus, 
only 123 exporters are eligible to export fruits falling under HS 0808 and 0809. The exports of 
other agri -vegetal products is permitted on ly to 248 Moldovan exporters.  As a result, during 2013 -
2016 the value of Moldovan exports to the Russian Federation have decreased by 61.8%, having a 
highly disruptive impact on the economy.  
 
Can the Russian Federation inform on the intentions and steps t o be taken in finding a 
mutuably agreeable solution to this issue? How are these measures compatible with 
Russia 's WTO commitments, where general (non -origin specific) market access 
conditions should be preferred over nominal importer selection?  
 
Answer  
Moldovan national competent authorities should contact the Russian competent authorities and 
provide evidence to prove elimination of violations. As for fresh fruit and vegetables, which were 
restricted due to SPS requirements violations, certain plants wer e authorized for exporting their 
products to the territory of the Russian Federation due to such elimination, products of other 
plants are recognized as unsafe until the contrary is proved.  
 
 WT/TPR/M/345/Add.1  
 
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  32  QUESTIONS FROM NEW ZEALAND  
REPORT BY THE WTO SECRETARIAT (WT/TP R/S/345)  
 
SECTION 3: TRADE POLICIES AND PRACTICES BY MEASURE  
WT/TPR/S/345, section 3.1.9, page 63, para 3.79  
Section 3.1.9, paragraph 3.79  states that "if EAEU veterinary, phytosanitary and sanitary 
epidemiological and hygiene mandatory requirements in eff ect in the territory of the EAEU are 
more stringent than relevant international standards, guidelines and recommendations - and in the 
absence of scientific justification of risk to human, animal, or plant life or health - relevant 
international standards,  guidelines, and recommendations, or parts thereof, may be applied ".  
 
Questions  
• Given that CU Commission Decision No. 721 of 22 June 2011 "On Application of 
International Standards, Guidelines and Recommendations", provides that where 
'Customs Union are  more stringent than relevant international standards, in the absence 
of scientific justification of risk to human, animal or plant life or health, in corresponding 
part international standards are applied ', has that decision now been superseded and 
does t he use of the word "may" signal that the decision is discretionary?  
• If the more stringent Customs Union standards are used, will the Russian 
Federation provide scientifically based justification of the measures, in accordance with 
the WTO SPS Agreement,  including Article 3.3?  
• Can the Russian Federation provide an update of the review process and the 
timetable for alignment of the EEU sanitary and phytosanitary measures with the 
relevant international standards and norms?  
 
Answer  
CU Commission Decision  No. 721 of 22 June 2011 "On Application of International Standards, 
Guidelines and Recommendations" is still in force. This provision is also clarified by the EAEU 
Treaty sanitary, whereby veterinary -sanitary and phytosanitary measures shall be applied ba sed 
on scientifically justified principles and only to the extent required to protect life and health of 
humans, animals and plants. They are based on international and regional standards, guidelines 
and recommendations, except when SPS measures which ensu re a higher level of protection are 
introduced which are based on appropriate scientific studies. So these provisions are obligatory. 
This decision is obligatory, it is not of a discretionary nature. In the original text of this document 
the most appropria te translation is: relevant international standards, guidelines, and 
recommendations, or parts thereof, are applied.  
 
The EAEU SPS standards are constantly harmonized with the international ones, but if more 
stringent standards are used, the measures will  remain in force only if appropriate scientifically 
based justification for their application would be provided.  
 
• Regarding veterinary -sanitary measures we should note that the Russian Federation 
implements the basis OIE provisions both on federal and lo cal levels. Several legal acts were 
adopted, including amendments to the Federal Decree as of 14 May 1993 No. 4979-1 "On 
Veterinary". Furthermore, regionalization provisions have been introduced to enhance the control 
over diseases spread and to provide ep izootic wellbeing in conformity with OIE provisions.  
Regarding phytosanitary quarantine measures, according to the WTO accession commitments 
Russia harmonizes its phytosanitary legislation on regular basis, particularly current legislation has 
been amende d (e.g. amendments to the CCU Decision as of 18 June 2010 No. 318 on plant 
quarantine in the EAEU as of 9 October 2014 No. 93) and new legislation is adopted (e.g. the 
Federal Decree on plant quarantine as of 21 July 2014 No 206 -FZ) in full compliance with  the 
relevant international standards.  
 
Regarding sanitary measures, Russia is harmonizing its sanitary -epidemiological legislation either 
on regular basis, e.g. pesticides MRLs, veterinary drugs MRLs, antibiotics MRLs are being 
harmonized on the EAEU lev el.  
 
Harmonization process is still on -going, the amendments to the legislation are being provided next 
to the amendments to the international standards and adoption of new international standards.  
 
 WT/TPR/M/345/Add.1  
 
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  REPORT BY THE WTO SECRETARIAT (WT/TPR/S/345)  
 
SECTION 3 : TRADE POLICIES AND PRACTICES BY MEASURE  
WT/TPR/S/345, section 3.1.4.2, page 48, para 3.32  
Paragraph 3.32  of the Secretariat report notes that "for a number of tariff lines here it appears 
the applied MFN tariffs were in excess of the bindings or could ha ve been because the applied tariff 
is ad valorem , but not less than a specific duty, while the bound tariff is ad valorem  only 
(Table  3.5)."  
 
Question  
• Could the Russian Federation outline why the tariff applied to the products in Table 
3.5 exceeded the  bound tariff rate for those products, and what action it intends to take 
to align the applied tariff with the bound rate?  
 
Answer  
According to the Article 45 of the Treaty on the Eurasian Economic Union of 29 May 2014 decisions 
determining Common Customs Tariff of the Eurasian Economic Union fall within the competence of 
the Eurasian Economic Commission (EEC). In order to ensure the consistency of EEC's acts with 
Russia's WTO commitments the Treaty on the Functioning of the Customs Union in the Framework 
of the Multilateral Trading System of 19 May 2011 (Annex 31 to the Treaty on the Eurasian 
Economic Union of 29 May 2014) was concluded.  
 
Thus, when EEC adopts and applies its acts, those acts have to comply with EAEU Member's WTO 
commitments, including Russ ia's tariff commitments.  
 
According to Russia's WTO tariff commitments, the reduction of applied tariffs is carried out by EEC 
on the annual basis. In the process of reconciling the level of duties with the EAEU members and 
EEC, Russia verifies the level of specific parts of combined duties based on import data of 
respective period.  
 
REPORT BY THE WTO SECRETARIAT (WT/TPR/S/345)  
 
SECTION 3: TRADE POLICIES AND PRACTICES BY MEASURE  
WT/TPR/S/345, section 3.1.9, page 65, para 3.85  
Section 3.1.9, paragraph 3.85 states  "If the system of supervision in a third country has been 
satisfactorily audited as being equivalent to that of the EAEU, then establishments on the list 
provided by the authorities of that country may be included in the EAEU register ". 
 
Question  
Can the Russian Federation clarify whether the audit of the system of supervision in 
third countries is carried out against measures equivalent to that of the EAEU even 
where these are more stringent than the relevant international standards?  
 
Answer  
The au dit of the third countries supervision system is conducted according to the international 
standards. As the result of an audit a system may be recognized as equivalent to the EAUE 
supervision system, if it allows to reach the EAEU level of protection, incl uding the scientifically 
based measures more stringent that the relevant international standards.  
 
Currently, audit is being provided in the Latin America countries. After its completion, other 
received applications will be considered in the request order .  
 WT/TPR/M/345/Add.1  
 
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  REPORT BY THE WTO SECRETARIAT (WT/TPR/S/345)  
 
SECTION 3: TRADE POLICIES AND PRACTICES BY MEASURE  
WT/TPR/S/345, section 3.3.2, page 81, table 3.26  
Table 3.26  shows that sub -federal support programmes 2013 and 2014 include the amount of 
1,414 million roubles as investment in fishing and fish processing in the Republic of Tatarstan.  
 
Question  
• We note that the Republic of Tatarstan is landlocked, and ask the Russian 
Federation to clarify whether these are locally caught fresh water fish and if not, the 
source of the fish that is being processed in the Republic of Tatarstan?  
 
Answer  
The Russian Federation notes that there are locally caught fresh water fish and aquaculture 
products being processed in the Republic of Tatarstan.  
 
REPORT BY THE WTO SECRETA RIAT (WT/TPR/S/345)  
 
SECTION 3: TRADE POLICIES AND PRACTICES BY MEASURE  
WT/TPR/S/345, section 3.3.5, page 90, para 3.175  
Paragraph 3.175  of the Report by the WTO Secretariat quotes Russian authorities as saying that 
GPA accession negotiations may be offic ially initiated in the second half of 2016.  
 
Question  
• When does Russia expect to be in a position to submit its first GPA offer?  
 
Answer  
Russia plans to provide offer until the end of 2016.  
 
REPORT BY THE WTO SECRETARIAT (WT/TPR/S/345)  
 
SECTION 3: TRAD E POLICIES AND PRACTICES BY MEASURE  
WT/TPR/S/345, section 3.3.5.3, page 93, para 3.188  
Paragraph 3.188  of the Report by the WTO Secretariat refers to Law No. 44-FZ, which requires 
procuring entities to develop procurement plans for the following financial  year and to publish 
them on the unified information system for public discussion.  
 
Question  
• New Zealand welcomes this approach to procurement planning as a means to 
improve transparency and mitigate corruption. It also provides businesses with greater 
visibility of upcoming government procurement projects and allows for input from 
businesses. Are international businesses (i.e. those not based in Russia) able to 
comment on the procurement plans published on the unified information system?  
 
Answer  
Accordi ng the Federal Law No. 44-FZ procuring entity develops procurement plan for the following 
financial year and to publish it on the Unified information system after its approval. However, the 
public discussion of such plans is not provided by the said Law. P ublic discussion is provided for 
large procurement exceeded 1 billion rouble s. Therefore, international businesses as well as 
national businesses are not able to comment on the procurement plans published on the Unified 
information system  
 
REPORT BY THE WT O SECRETARIAT (WT/TPR/S/345)  
 
SECTION 3: TRADE POLICIES AND PRACTICES BY MEASURE  
WT/TPR/S/345, section 3.3.5.3, page 92 -93, paras 3.181 - 3.187  
Section 3.3.5.3  of the Report by the WTO Secretariat outlines some of Russia's preference 
schemes (e.g. for smal l businesses, socially -oriented non -commercial organizations and 
domestically produced goods) and policies to only consider foreign products when they are not 
available domestically. These policies do not align with the GPA's non -discrimination principle.  
 WT/TPR/M/345/Add.1  
 
- 312 - 
 
  Question  
• How does Russia intend to amend these policies to align with the GPA principle of 
non-discrimination?  
 
Answer  
Russia intends to discuss these measures with the Parties of the GPA within the framework of 
negotiations on Russia's accession to th e GPA because it is not a question of discrimination it is a 
question of coverage of future Russia's commitments under the GPA.  
 
REPORT BY THE WTO SECRETARIAT (WT/TPR/S/345)  
 
SECTION 4: TRADE POLICIES BY SECTOR  
WT/TPR/S/345, section 4.1.1.2.1, page 115, pa ra 4.17; and WT/TPR/S/345, section 
3.2.4, page 69, para 3.102  
Paragraph 4.17  of the WTO Secretariat report notes that "According to the notifications by the 
Russian Federation to the Committee on Agriculture, the Russian Federation did not provide export 
subsidies for agricultural products for the years 2012 -15'. However, Paragraph 3.102 notes that 
'Public funds in support of Russian businesses seeking to originate or increase export sales are 
made available at both the federal and sub -federal levels of gov ernment. The executive authorities 
of the subjects of the Russian Federation annually compete for federal co -financing of their 
respective SME support programmes, which may have an export assistance component. "  
 
Question  
• Are public funds provided to su pport Russian agricultural businesses seeking to 
increase export sales? What is the nature of this support? Can the Russian Federation 
advise why this is not notified as an export subsidy to the WTO Committee on 
Agriculture?  
 
Answer  
There is no description  of Russian agricultural businesses support, and particularly, agricultural 
export subsidies in paragraph 3.103 (as well as in 3.102) of the Secretariat report. Furthermore, 
export assistance (paragraph 3.103) refers to non -financial support that may be pr ovided to SMEs, 
including organization of agricultural tradeshows and forums, scientific researches, and the like. As 
it was notified to the WTO, the Russian Federation does not provide export subsidies in agriculture.  
 
REPORT BY THE WTO SECRETARIAT (WT/TP R/S/345)  
 
SECTION 4: TRADE POLICIES BY SECTOR  
WT/TPR/S/345, section 4.1.1.3.3, page 126, para 4.37  
Paragraph 4.37  of the Secretariat Report notes that with regard to Amber Box support "in most 
cases product specific support is below the 5% of the value of production de minimis limit. "  
 
Question  
• Does the Russian Federation intend to maintain Amber Box product specific 
support below the 5% of the value of production de minimis limit?  
 
Answer  
Currently, Russia has no intention to maintain product -specific support higher than it is provided 
by the de minimis limit. At the same time Russia will continue to enjoy the right to provide this 
kind of support within the AMS commitment level.  
 
REPORT BY THE WTO SECRETARIAT (WT/TPR/S/345)  
 
SECTION 4: TRADE POLICIES B Y SECTOR  
WT/TPR/S/345, section 4.1.3, page 133, para 4.60  
Paragraph 4.60  of the Secretariat Report notes that "export duties are applied to 106 [fish and 
fish product] tariff lines at the 10 -digit HS 2012 level, most of which are at 2.5%, but 21 lines are 
at 5%. In acceding to the WTO, the Russian Federation undertook to reduce export duties on fish 
and fish products to zero over a four year period. "  
 WT/TPR/M/345/Add.1  
 
- 313 - 
 
  Questions  
• Can the Russian Federation confirm that all export duties it currently applies to 
fish and fi sheries products reflect the bound level agreed on accession to the WTO?  
• If not, when will all such duties be brought into line with agreed commitments?  
 
Answer  
As of 1 September 2016 Russia does not apply export duties on fish and fish products.  
 
REPOR T BY THE WTO SECRETARIAT (WT/TPR/S/345)  
 
SECTION 4: TRADE POLICIES BY SECTOR  
Fisheries  
WT/TPR/S/345, section 4.1.3, page 134, paragraph 4.65, 4.66; Table 3.26, page 81.  
 
Paragraph 4.65  of the Secretariat report notes that financial support was provided fo r the 
fisheries sector, including:  
• Construction and reconstruction of fishing vessels (the measure is planned to run until 
2018). From 2009 to 2015 this support measure amounted to R ub 141.6 million.  
• Construction and reconstruction of fish processing  infrastructure and fish products storages 
(the measure is planned to run until 2018). Between 2009 and 2015 total support for this measure 
was R ub 393.9 million.  
• Development of aquaculture (the measure is planned to run until 2020). In 2015 the support  
measure amounted to R ub 223 million.  
 
Paragraph 4.66. notes that according to the notification to the WTO by the Russian Federation, 
support is provided to fishing organizations in the form of direct funding from the federal budget to 
compensate for spen ding on loans for construction and modernization of fishing vessels, fish 
processing infrastructure, and fisheries products storage facilities . The amount of support was 
Rub 233 million in 2013, and Rub 6 million in 2015.  
 
Table 3.26 of the Secretariat re port (page 81) shows that at the sub -federal level a number of 
regions provided support programmes to the fisheries sector, and that all but one of those 
programmes show an increase in support from 2013 -2014.  
 
Questions  
• With respect to the support progra mmes identified in paragraphs 4.65 and 4.66 
and Table 3.26 of the Secretariat report, and further to the information provided in 
Replies to Questions posed by New Zealand regarding the new and full notification of 
the Russian Federation in April 2015 (G/SC M/Q2/RUS/11):  
• Can the Russian Federation identify the fisheries affected by the support 
programmes:  
• by geographical area (e.g. territorial sea, EEZ, high seas), and;  
• the species affected by the programmes(e.g. both target and by -catch species).  
• Can the Russian Federation confirm the primary objectives of the support 
programmes, and the extent to which the programmes are delivering on those 
objectives?  
 
Answer  
Subsidies for construction and modernization of fishing vessels, fish processing infrastruc ture and 
fisheries products storage facilities mentioned in paragraphs 4.65 and 4.66 of the Secretariat 
Report totally correspond to the objectives of the sub -program "Modernization and stimulation " of 
the State Program "Development of Fisheries " adopted b y the Government Resolution No. 314 of 
15 April 2014. The main objectives of this sub -program are fleet renewal and fish processing 
development. These federal subsidies are not contingent on certain geographical areas or fish 
species. Regional support meas ures mentioned in Table 3.26 of the Secretariat report correspond 
to the objectives of respective regional support programs which include fish processing and 
aquaculture development, fishing vessels modernization and aquatic resources protection. 
Subsidies  provided by regional authorities may cover the species of aquatic biological resources 
inhabiting in relevant regions of the Russian Federation.  
 
• UN SDG Target 14.6 calls on governments by 2020 to prohibit certain forms of fisheries 
subsidies which cont ribute to overcapacity and overfishing, and eliminate subsidies that contribute WT/TPR/M/345/Add.1  
 
- 314 - 
 
  to IUU fishing, and refrain from introducing new such subsidies.  What initiatives does the Russian 
Federation have in place to implement that target, including the standstill c ommitment?  
• How does the Russian Federation ensure that its subsidies are not provided to fishing on 
overfished stocks or IUU fishing, and do not contribute to overcapacity and overfishing?  
 
Answer  
The main factor of ensuring that subsidies are not provi ded to overfished stocks and do not 
contribute to overcapacity and overfishing is the system of conservation and prevention of 
redundant use of aquatic biological resources which is based on total allowable catch (TAC). TAC is 
an annual catch volume for pa rticular species of aquatic biological resources in particular areas 
determined on scientific basis (scientific data on reserves of particular species). Fishing of aquatic 
biological resources is performed on the basis of quota shares (%) assigned to entit ies which 
receive the right to catch aquatic biological resources within the limits of such share. There are 
also limitations on fisheries due to fishing seasons for certain species of aquatic biological 
resources as well as fishing gear. According to the National Plan to prevent, deter and eliminate 
illegal, unreported and unregulated fishing adopted by the Decree of the Government of the 
Russian Federation of 25 December 2013 No. 2534-r, no support is provided to legal entities and 
individual entrepreneur s if they are involved in IUU fishing. Fishing companies that received 
subsidies were not involved in IUU fishing.  
 
REPORT BY THE GOVERNMENT OF THE RUSSIAN FEDERATION (WT/TPR/G/345)  
 
SECTION 4: TRADE POLICY  
 
Energy Policy  
WT/TPR/G/345, section 4.5, page 8,  paragraph 4.34  
 
The Report by the Government of the Russian Federation, at paragraph 4.34, states that "Russia is 
currently implementing tax policy changes with respect to crude oil. It is planned that in the future 
the existing tax on oil and gas product ion will be replaced with a more effective tax on financial 
results based on the common practice, which will enhance the investment attractiveness of the oil 
and gas sector ". 
 
Question  
• As a major energy producer, exporter and consumer, and in light of Ru ssia's plans 
to make changes to taxation of oil and gas producti on, has Russia considered utiliz ing 
the G20 peer review process for reform of fossil fuel subsidies as a mechanism for 
reviewing its fossil fuel policies?  
 
Answer  
Like the countries striving  to reform the inefficient fossil fuel subsidies identified during the peer 
review process, the Russian Federation recognizes the need for reforms in oil sector, especially the 
ones that would enable to use natural resources more efficiently.  
 
At the mome nt the Russian Federation is implementing a tax reform in oil sector. A new concept of 
tax system will be based on additional income received for the extraction of oil. The new taxation 
will depend on economic benefit from oil deposit development. This mec hanism is similar to the 
ones in effect in other countries.  
 
REPORT BY THE GOVERNMENT OF THE RUSSIAN FEDERATION (WT/TPR/G/345)  
 
Public Procurement Policy  
WT/TPR/G/345, section 4.7, page 10, paragraph 4.45  
Paragraph 4.45  of the Report by Russia states that between 1 January 2015 and 1 April 2016, 
the amount of notices of procurement under the Federal Law No. 44-FZ has exceeded 
6.6 trillion  rouble s. 
 WT/TPR/M/345/Add.1  
 
- 315 - 
 
  Question  
• Can Russia provide similar figures for procurements under Federal Law No. 275-FZ 
for military entit ies and for procurements under Federal Law No. 223-FZ for certain 
types of legal entities?  
 
Answer  
The contracts under the Federal Law No. 223-FZ amounted 18.9 trillion rouble s in 2015. 
Unfortunately, we cannot provide similar statistic data for procuremen ts un der Federal Law No. 
275-FZ because it is related to confidential information.  WT/TPR/M/345/Add.1  
 
- 316 - 
 
  33  QUESTION FROM EL SALVADOR  
REPORT BY THE SECRETARIAT  
ECONOMIC ENVIRONMENT  
Paragraph 1.10  
 
Could you please share more information about the sectors that were prioritized in the 
import  substitution program me that was introduced by the Russian Federation in order 
to minimize the effect on the slowdown of the Russian economy, and the government 
budget destined to support the program me?  
 
Answer  
The priority sectors for import su bstitution are the following:  
 
Equipment for food -manufacturing industry, heavy machine -building, energy machine -building, 
electro -chemical and cable industry, oil and gas machine -building, tool -making industry, ship -
building equipment (as regards ship acc essory equipment), radio -electronic industry, chemical and 
petrochemical industry (accelerants, production of rare -earth metals, composite materials, paints 
and lacquers, plastics, cleaning and polishing agents, rubber and plastic products), pharmaceutical  
industry, medical industry, production of conventional weapons, civil aircraft industry, engine 
industry, components and equipment for transport machine -building.  
 
It should be noted that no special support measures that could be aimed at import substitut ion are 
taken in the Russian Federation in order to support these industries.  
 
ADDITIONAL QUESTIONS FROM EL SALVADOR  
 
Párrafo 4.62 del Informe del Gobierno  
¿Podría ampliar la Federación Rusa en qué consisten las modificaciones y medidas 
adoptadas para comb atir la circulación de medicamentos, productos médicos y 
complementos alimenticios falsificados, de baja calidad o no registrados?  
 
Answer  
Federal law No. 532-FZ amended, in particular, the Criminal Code of the Russian Federation and 
the Code of Administra tive Offences of the Russian Federation. In accordance with these 
amendments criminal liability is provided for the following acts:  
 Illegal production of medicines and of medical products (Article 235.1)  
 Turnover of falsified, substandard and unregistered  medicines and medical 
products and turnover of falsified biologically active additives (Article 238.1)  
 Forgery of documents on medicines or on medical products or of the package of 
medicines or medical products (Article 327.2)  
In addition, administrative liability is provided for:  
 Turnover of the falsified, counterfeit, substandard and unregistered medicines and 
medical products and turnover of the falsified biologically active additives 
(Article  6.33)  
After the entry into force of these amendments, the la w enforcement agencies adopted measures 
to prevent, detect and suppress the crimes and administrative offenses. In particular, international 
police operation "Pangea" is carried out on an annual basis under the auspices of the General 
Secretary of Interpol . It is aimed at detecting and suppressing illegal sales of falsified medicines 
via the Internet.  
Cuadro 3.39 informe de la Secretaría  
Se observa que la tendencia de las cifras de casos penales de derecho de autor y derechos 
conexos es decreciente. Por ot ra parte, las cifras de casos penales de marcas de fábrica y de 
comercio presentan un ligero aumento, aunque son sustancialmente más bajas que las de 
derechos de autor y conexos.  
 WT/TPR/M/345/Add.1  
 
- 317 - 
 
  A) ¿Podría explicar la Federación Rusa a qué se debe la disminución de caso s penales 
para derechos de autor y conexos?  
 
B) ¿La cantidad menor de casos penales de marcas se debe a que se cometen menos 
delitos contra este tipo de derechos o es que los titulares de marcas prefieren perseguir 
únicamente la acción civil, cuyas cifras  son sustancialmente mayores?  
 
Answer  
Prerequisite for criminal responsibility is the presence of significant damage or illegal acts 
committed repeatedly otherwise the administrative responsibility is stipulated by the law.  
 
Reducing number of registered crimes, including those regarding copyright, testifies the 
effectiveness of preventive activity of law enforcement agencies when offenders are timely 
detected and held administratively liable not being able to cause significant damage and, in most 
cases, r efuse further illegal activity that could be qualified as a criminal offense.  
 
Therefore, the less crimes regarding the trademarks are conditioned, inter alia, by preventive 
action "Counterfeit" and international police operation "Pangea" that are carried out annually in the 
Russian Federation (more information had been provided in the Government Re port of the Russian 
Federation WT/TPR/G/345, paragraphs 4.59 and 4.60)  WT/TPR/M/345/Add.1  
 
- 318 - 
 
  34  FOLLOW -UP QUESTIONS FROM CHINA  
Part I. Questions based on Report by the Secretariat (WT/ TPR/S/345)  
Page 9, Para.10  
"The Russian Federation has confirmed that it will eliminate the WTO -inconsistent measures 
applied under the Auto Investment Programme by 1 July 2018."  
 
Question   
Please list the specific WTO -inconsistent measures applied under the Auto Investment 
Programme.  
 
Answer  
The Russian Federation would like to note that the measures applied under the Auto Investment 
Programme cannot be considered as WTO -inconsistent because it was agreed by the WTO 
Members during the accession of the Ru ssian Federation to the WTO that Russian can apply the 
measures until 1 July 2018.  
 
The description of Auto Investment Programme and measures applied under this Programme can 
be found in para. 1072 – 1085 of the Report of the Working Party on the Accession  of the Russian 
Federation to the World Trade Organization.  
 
Page 11, Para.25  
"Under the EAEU Treaty, the EEC is responsible for combatting anticompetitive agreements, abuse 
of dominance, and unfair competition on cross -border markets. The EAEU Treaty also  provides for 
the harmonization of member States' national legislations in the area of competition policy. "  
 
Question  
How do the Russian antimonopoly authority and EEC divide the jurisdiction in 
investigating anticompetitive agreements, abuse of dominance  and other behavior? 
Does EEC have the right to investigate Economic Concentration?  
 
Answer  
Architecture of the antimonopoly regulation and competition policy direction within the framework 
of the Eurasian Economic Union is defined by the provisions of th e Treaty on the Eurasian 
Economic Union (hereinafter - EAEU Treaty) signed on 29 May 2014, in Astana (Kazakhstan).  
 
This system combines the monitoring of compliance with the conditions of competition within 
national jurisdictions on the basis of harmoniz ed legislation in accordance with the principles 
defined in the EAEU Treaty, as well as monitoring of compliance with the general rules of 
competition in the cross border markets on the supranational level, carried out by the Eurasian 
Economic Commission ( EEC).  
 
The general principles of competition stipulated by the EAEU Treaty are the following:  
  prohibition of agreements between authorities or between authorities and economic 
entities which lead to the prevention, restriction or elimination of the compet ition in 
the legislation of the EEC Member States;  
  effective control over economic concentration;  
  the availability and implementation of penalties in the EEC Member States;  
  the existence of public authority which is responsible for the realization and ( or) 
implementation of competition policy with a specific set of powers provided for by 
the EAEU Treaty in each EEC Member State;  
  information transparency of competition (antitrust) policy conducted by national 
competition authorities of the EEC Member Sta tes, including posting the information 
on its activities in the media and on the Internet;  
  cooperation between national antitrust authorities of the EEC Member States.  
 
The EAEU Treaty clearly defines the competence of EEC, allowing it to monitor how the EEC 
Member States comply with the general competition rules.  
 
The general competition rules are prohibitions on the abuse of a dominant position, on the anti -
competitive agreements, including the prohibition of unfair competition.  WT/TPR/M/345/Add.1  
 
- 319 - 
 
   
The procedure of applica tion of general competition rules on cross -border markets, the procedure 
of their enforcement and penalties are defined by the EAEU Treaty.  
 
In addition, the EAEU Treaty defines the procedure for cooperation between national antimonopoly 
authorities of EEC  member countries with each other and with the EEC, describing in detail the 
basis for the implementation of cooperation and its specific forms. The aim of such cooperation is 
to increase the effectiveness of antitrust investigations, both on cross -border and national 
markets.  
 
In accordance with Article 75 of the EAEU Treaty the control of economic concentration falls within 
the competence of national authorities.  
 
Page 12, Para.30  
"A key priority of the Russian Federation is to diversify its economy away from its abundant 
mineral and energy resources. It is the world 's second -largest oil and gas producer, the fourth -
largest producer of electricity, and has become one of the most energy -intensive economies. A 
strategic goal has been set to reduce the energy  intensity of GDP by 40% by 2020 through energy 
saving, improving efficiency, eliminating regulatory constraints, and encouraging the development 
of renewable energy, including geothermal, solar and wind energy. "  
 
Question  
What effects has Russia achieved  in promoting strategic restructuring of its economy? 
What measures will Russia take to reduce its reliance on energy resources and 
strengthen the momentum for economic development?  
 
Answer  
The diversification of Russian economy is a result of reforms carr ied out in the Russian Federation, 
in particular in connection with Russia 's accession to the WTO. Currently the production sector is 
actively developing.  
According to the Federal Law No. 488-FZ of 31 December 2014 on Industrial Policy in the Russian 
Federation one of the main goals of the Russian industrial policy is development of high -
technological and competitive industry that would ensure transition from raw -material -export 
oriented development to innovative economy. The Federal law No. 488-FZ envisag es that 
measures to encourage industrial activity can be taken in the form of financial support, advisory 
and consultative support, support of the ongoing scientific, technical and innovative activities in 
industrial sphere, human resource development supp ort, support of external economic activity, 
national and municipal preferences, other promotion measures set forth in the mentioned Federal 
Law, established by other federal laws and regulatory acts of the President of the Russian 
Federation, acts of the G overnment of the Russian Federation, laws of the constituent entities of 
the Russian Federation and municipal charters.  
 
Page 12, Para.31  
"Services are the main contributor to the Russian Federation 's output (over 62% of GDP in 2015). 
As part of its WTO ac cession commitments, the Russian Federation has eliminated the 49% foreign 
equity limitation in telecommunications. "  
 
Question  
What limitations will be eliminated by Russia to expand the opening of its service 
industry? Has Russia made any specific plans or timetables for that?  
 
Answer  
Telecommunications market is opened for investments under the current legislation. In respect of 
other sectors, were foreign access is limited and prohibited, timetable of their opening is 
substantially established by Russi a's schedule of commitments in services in the WTO.  
 
Page 43, Para.3.13  
"Compulsory prior notification for road shipments was introduced on 1 October 2014 and for rail 
shipments on 17 September 2013 and is to be introduced for air shipments during 2016. In  
addition, any interested entity may provide a preliminary notification for maritime shipments."  WT/TPR/M/345/Add.1  
 
- 320 - 
 
  Question  
Please offer more information about Russia's prior notification system, for example will 
the notifying party and sources of information serve as the basis for the customs to 
determine whether an administrative counterpart violates customs regulations.  
 
Answer  
The main purpose of prior notifications for shipments intended for being transported on the 
customs territory of the Russian Federation is to pro vide the customs authorities with information 
regarding such goods. Prior notifications are not legally binding and do not lead to the performance 
of legally significant actions. Primarily these notifications are used by customs authorities for risk 
assess ments connected with importation of such goods on the territory of the Russian Federation, 
for the planning of the activity of customs check points and for the acceleration of customs 
operations.  
 
Depending on the volume of information prior notifications can be applied as well as for the 
performance of customs operations connected with importation or exportation of goods under the 
customs procedure of transit.  
 
The submission of inaccurate information for prior notifications and failure to submit one in th e 
volume and within the timeframes set forth in the current legislation bring about the use of risk 
management system by the customs authorities.  
 
Page 87, Para.3.160  
"The Federal Antimonopoly Service of Russia (FAS), operating directly under the authorit y of the 
Head of Government, is responsible for administering and enforcing the law "On the Protection of 
Competition", which is the main law governing competition issues in the Russian Federation. The 
FAS has a broader mandate, which also includes price r egulation as well as control of: public and 
defence procurement (Section 3.3.5), compliance with the law on advertising, and foreign 
investments in strategic industries (Section 2.6). "  
 
Question  
Please introduce the organizational structure and main funct ions of the Federal 
Antimonopoly Service.  
 
Answer  
The Federal Antimonopoly Service (FAS Russia) is an authorized executive body responsible for the 
adoption of regulatory legal acts; control and supervision over observance of legislation in the field 
of competition in product markets; protection of competition in the market of financial services; 
observance of the activity of natural monopolies and advertising.  
 
FAS Russia monitors the compliance with the legislation on contract system in the field of 
procu rement of goods, works and services for state and municipal needs, performs the functions of 
control over foreign investments in the Russian Federation.  
 
According to the Decree of the Government of the Russian Federation No. 1489 dated 
25 December 2014, F AS Russia obtained the functions of the Federal Service for Defence  Contracts 
(Rosoboronzakaz) which was responsible for monitoring the state defence  order. The resolution 
came into force on 1 January, 2015.  
According to the Presidential Decree No. 373 dat ed 21 July  2015, FAS Russia obtained the 
functions of the Service for tariff regulation.  
 
Detailed information about structure of the FAS  Russia can be found on the web site at: 
http://en.fas.gov.ru . 
 WT/TPR/M/345/Add.1  
 
- 321 - 
 
  
Mr.Igor Artemiev
Head of the FAS Russia
Administrative 
Department -Secretariat 
of the Head of the FAS 
Russia Department for 
State Secret 
ProtectionDepartment for Control 
and Inspections in Public 
Defence ProcurementDeputy Head of the 
FAS Russia 
Mr. Anatoly 
GolomolzinDeputy Head of 
the FAS Russia 
Mr. Andrey
TsyganovDeputy Head of 
the FAS Russia 
Mr. Andrey
KashevarovStats -Secretary , Deputy 
Head of the FAS Russia
Mr. Andrey TsarikovskyDeputy Head of the 
FAS Russia 
Mr. Aleksey 
DotsenkoDeputy Head of the 
FAS Russia 
Mr. Daniil FesyukDeputy Head of 
the FAS Russia 
Mr. Alexander 
Red’koDeputy Head of 
the FAS Russia 
Mr. Sergey 
PuzyrevskiyDeputy Head of 
the FAS Russia 
Mr. Vitaly
KorolevDeputy Head of the 
FAS Russia 
Mr. Maxim 
OvchinnikovFAS Russia Structure
Deputy Head of 
the FAS Russia 
Mr. Rachik
Petrosyan
Department for 
Regulation of 
Telecommunica
tions and 
Information 
Technology 
Department for 
Regulation of 
Fuel -and-Energy 
Complex Department 
for Control 
over Foreign 
Investments
Department 
for 
International 
Economic 
Cooperation
Department 
for Control 
over 
Chemical 
Industry and 
Agro -
industrial 
ComplexDepartment 
for Control 
over 
Advertising 
and Unfair 
Competition
Department 
for Control 
over Financial 
Markets
Department 
for Control 
over Social 
Sphere and 
Trade Department for 
Industry Control
Public Relations 
Department 
Anti -Cartel 
Department Fiscal Control 
Department 
Public Service 
Department
General Affairs 
Department 
FAS Russia 
Regional Offices
The federal state 
autonomous 
organization "FAS 
Russia Center for 
Education and 
Methodics" Department for 
Control 
Methodology 
and 
Arrangements in 
State Defence
Procurement 
Department for 
Control over 
State Defence
Procurement
Department for 
Control over 
Army and Naval 
Armaments, 
Military 
Communications 
EquipmentJuridical 
Department 
for State 
Defence
Procurement
Department for 
Control over 
Infrastructure 
and Resources 
Programs in 
State Defence
Procurement
Department 
for Control 
over 
Aviation, 
Aerospace 
and Nuclear 
IndustriesTransport 
Regulation 
DepartmentLegal 
Department 
Department 
for Regional 
Tariffs 
Regulation Department 
for 
Regulation 
over Electric 
Power 
Industry
Department 
for Control 
over Housing 
and Public 
Utilities Departme
nt for 
Control 
over 
Public 
Procurem
ent
Departmen
t for 
Control 
over 
Constructio
n and 
Natural 
Resources 
Page 87, Para.3.162  
"The law 'On the Protection of Competition ' prohibits anti -competitive agreements and the abuse 
of a dominant position, and regulates economic concentrations, as well as any actions and 
agreements by state authorities that w ould have an impact on competition (including state aid)."  
 
Page 88, Para.3.165  
"Notwithstanding the general prohibition of any advantage conferred on a selective basis by a state 
authority to an economic entity, such practices may be deemed permissible fo r a variety of policy 
objectives, mostly socially and culturally oriented ones. The law sets out a detailed procedure of 
state or municipal aid granting, as well as a number of measures to be taken in case of misuse of 
this aid."  
 
Question  
Please introduc e the specific prohibitive regulations on monopoly agreements and abuse 
of market dominance in the Law "on the Protection of Competition".  
 
Answer  
In accordance with Article 10 (Prohibition of Abuse of Dominant Position by an Economic Entity) of 
the Law No. 135-FZ on Protection of Competition as of 26 July 2006:  
1. Actions (lack of action) of an economic entity occupying a dominant position, which result or can 
result in prevention, restriction or elimination of competition and (or) infringement of the int erests 
of other persons (economic entities) in the sphere of entrepreneurship activity or indefinite range 
of consumers are prohibited, including the following actions (lack of action):  
1)  establishment and maintaining of monopolistically high or monopolisti cally low price for a 
commodity;  
2)  withdrawal of goods from circulation, if the result of such withdrawal is increase of price of 
the commodity;  
3)  imposing contractual terms upon a counteragent which are unprofitable for the latter or 
not connected with the subject of agreement (economically or technologically unjustified 
and (or) not provided for directly by the Federal Laws, statutory legal acts of the President 
of the Russian Federation, statutory legal acts of the Government of the Russian 
Federation, sta tutory legal acts of the authorized federal executive authorities or judicial 
acts, requirements for transferring financial assets, other property, including property 
rights, as well as consent to conclude a contract on conditions of including in it provis ions, 
concerning the goods in which the counteragent is not interested and other requirements);  WT/TPR/M/345/Add.1  
 
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  4)  economically or technologically unjustified reduction or cutting off the production of goods 
if there is demand for the goods or orders for their delivery are placed and there is 
possibility of its profitable production, as well as if such reduction or cutting off the 
production of goods are not provided for directly by the Federal Laws, statutory legal acts 
of the President of the Russian Federation, statutory legal acts of the Government of the 
Russian Federation, statutory legal acts of the authorized federal executive authorities or 
judicial acts;  
5)  economically or technologically unjustified refusal or evasion form concluding a contract 
with individual purcha sers (customers) in the case when there are possibilities for 
production or delivery of the relevant goods as well as if such a refusal or evasion is not 
provided for directly by the Federal Laws, statutory legal acts of the President of the 
Russian Federa tion, the Government of the Russian Federation, authorized federal 
executive authorities or judicial acts;  
6)  economically, technologically or otherwise unjustified establishment of different prices 
(tariffs) for the same goods if not established otherwise b y the law;  
7)  establishment of unjustifiably high or unjustifiably low price of a financial service by a 
financial organization;  
8)  creation of discriminatory conditions;  
9)  creation of barriers to entry into the goods market or leaving from the goods market for  
the other economic entities;  
10) violation of the procedure of pricing established by statutory legal acts.  
11) manipulating prices on wholesale and (or) retail markets of electric power (capacity).  
 
In accordance with Article 11 (Prohibition on Competition -Restricting Agreements between 
Economic Entities) of the Law No. 135-FZ on Protection of Competition as of 26 July 2006:  
1. Agreements between competing economic entities – that is economic entities that sell goods on 
the same market or between economic entitie s, purchasing goods on the same market, shall be 
recognized as cartels and shall be prohibit if such agreements lead or can lead to:  
1)  fixing or maintaining prices (tariffs), discounts, mark-ups (surcharges) and (or) additions 
to prices;  
2)  increasing, reduci ng or maintaining prices in course of competitive bidding;  
3)  dividing the goods market according to a geographic principle, quantity of sales or 
purchases of the goods, the mix of goods or a composition of buyers or sellers 
(customers);  
4)  reducing or termina ting production of the goods;  
5)  refusing to conclude contracts with particular sellers or buyers (customers).  
2. "Vertical" agreements between economic entities are prohibited (except "vertical" agreements 
that are allowed under Article 12 of this Federal L aw), if:  
1)  such agreements lead or can lead to fixing reselling prices of the goods, except if the seller 
fixes the maximum reselling price of the goods for a buyer;  
2)  such agreements obligate buyers not to sell the goods of an economic entity that is a 
comp etitor of the seller. This prohibition does not apply to the agreements about 
organizing sales of the goods by a buyer under a trade mark or other means of 
individualization of the buyer or the producer.  
3. Agreements between economic entities – participan ts of wholesale and (or) retail markets of 
electric power (capacity), commercial infrastructure organizations, technological infrastructure 
organizations, network organizations - are prohibited, if such agreements lead to price 
manipulation on the wholesal e and (or) retail markets of electric power (capacity).  
4. Other agreements between economic entities are prohibited (except "vertical" agreements that 
are allowed under Article 12 of this Federal Law), if it is established that such agreements lead or 
can lead to restricting competition. Such agreements can include, in particular, agreements about:  
1)  imposing disadvantageous contract conditions upon a counteragent or irrelevant to the 
contract subject (unreasonable requirements to transfer financial funds, other property, 
particularly, property rights, as well as consent to conclude a contract subject to including 
provisions in the contract regarding goods, in which the counteragent is not interested, 
and other requirements);  
2)  an economic entity fixing diffe rent prices (tariffs) for the same goods without economic, 
technological and other justifications;  
3)  preventing entry/ exit оf other economic entities to/ from the goods market;  
4)  fixing terms and conditions for membership (participation) in professional and other 
associations.  
 WT/TPR/M/345/Add.1  
 
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  Please introduce the prohibitive regulations on the government actions having an impact 
on competition  in the Law "on the Protection of Competition". What measures are taken 
to punish the government agencies violating relevant laws and regulations?  
 
Answer  
Violation of antimonopoly legislation  Envisaged punishment  
CoAO  
Actions of authorities' officials,  which are 
inadmissible according to the antimonopoly 
law and lead or may lead to preventing, 
restricting or eliminating competition  A fine on officials in the amount of 15,000 -50,000a 
rouble s, and in the case of repeated offenses - 
disqualification for up  to three years  
Conclusion by authorities of an agreement or 
implementation of concerted actions  Imposition of an administrative fine on officials in the 
amount of 20,000 -50,000 rouble s or disqualification 
for up to three years  
a The currency rate as of  5 September 2016 is 1 Russian rouble  = US$0.01600 8. 
What governmental privileges are allowed according to Russia's Law "on the Protection 
of Competition"? How does the review procedure work?  
 
Answer  
In accordance with Article 19 (State or Municipal Prefer ences) of the Law No. 135-FZ on Protection 
of Competition as of 26 July 2006:  
 
State or municipal preferences can be granted on the basis of legal acts of the federal executive 
bodies, authorities of the constituent territories of the Russian Federation, l ocal self -government 
bodies, other agencies or organizations exercising the functions of the above bodies, exclusively 
for the purposes of:  
1)  securing vital activities of the population residing in areas of the Extreme North and 
regions equal to them;  
2)  advancing education and science;  
3)  carrying our research projects;  
4)  protecting the environment;  
5)  preservation, use, popularization, and state protection of cultural heritage (monuments of 
history and culture) of the peoples of the Russian Federation;  
6)  developin g art and culture, and preserving cultural values;  
7)  developing sport and physical culture;  
8)  ensuring national defenc e and state security;  
9)  producing agricultural products;  
10) providing social security services;  
11) providing labour protection;  
12) protecting citizens ' health;  
13) supporting small and medium business;  
13.1) supporting socially -oriented non -commercial organizations in accordance with the 
Federal Law from 12 January 1996 No. 7-FZ "On Non -Commercial Organizations";  
14) and for the purposes determined by other Fed eral Laws, normative legal acts of the 
President of the Russian Federation and normative legal acts of the Government of the 
Russian Federation.  
 
Question  
Since the foreign investment policies in Russia are not very stable, policies of local 
governments of ten change, working efficiency of government agencies are not high, and 
it is difficult to obtain an administrative license. For example ，according to the relevant 
laws and regulations of Russia, more than 100 licenses of various types are required for 
mine  construction, including 26 for construction qualification.  
 
Complicated procedures, a long waiting time and high fees are required to getting a labor service 
permit from Russia. Anyone who intends to work in Russia must apply to the competent 
department of Russia almost one year in advance, and it takes two or three months for formal 
application and approval. There is still room for improvement in terms of the management means, 
inspection facilities and use of information technology of Russia. For example , it takes 20-
30 minutes to inspect and release a vehicle resulting in a long waiting -time, and it takes several 
days or even half a month for the goods to be released from the customs warehouse.  WT/TPR/M/345/Add.1  
 
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  Will Russia take any specific measures in the future to fur ther improve the investment 
and business environment, and better facilitate trade?  
 
Answer  
The licensing of certain types of activities is carried out in order to prevent harm to rights, 
legitimate interests, life or health of citizens, environment, object s of cultural heritage 
(monuments of history and culture) of peoples of the Russian Federation, defence  and security of 
the State, the possibility of making of which is related to the implementation by juridical persons 
and individual entrepreneurs of cert ain types of activity. Licensing of certain types of activities is 
not allowed for other purposes.  
 
The objectives of licensing of certain types of activities include prevention, detection and 
suppression of violations by a juridical person , by its head a nd other officials, by an individual 
entrepreneur, its authorized representatives (hereinafter – a juridical person, individual 
entrepreneur) of requirements established by this Federal law, by other Federal laws and by 
adopting of other regulations of the  Russian Federation in accordance with them. The compliance 
of the applicant for a license with these requirements is a necessary condition for granting a 
license, their compliance is mandatory while conducting the licensed type of activity by a licensee.  
In accordance with the Russian legislation a labour permit is a document that confirms the right of 
a foreign citizen arrived to the Russian Federation in the procedure requiring granting a visa and 
other categories of foreign citizens for the temporary re alization of labour activity in the territory of 
the Russian Federation.  
 
The decision to grant for the employer, customer of works (services) a permit for the attraction 
and use of foreign workers or a refusal to grant the specified permit is made within 30 calendar 
days from the date of receipt of the documents.  
The decision to grant a labour permit to a foreign citizen arrived in the Russian Federation in the 
procedure requiring granting a visa or the refusal of granting of a labour permit is made within  10 
working days from the date of the receipt of documents.  
The decision to grant a labour permit or the refusal to grant a labour permit, in particular, for a 
highly qualified specialist is made within 14 working days from the date of the receipt of all 
required documents.  
Decisions are made by the appropriate public authority.  
There no current plans to amend the abovementioned measures.  
 
With the purpose to assist Russia in creating and promoting a favorable investment climate based 
on global expertise a nd the experience of international companies operating in Russia the Foreign 
Investment Advisory Council was established in 1994.  
FIAC functions on the basis of direct dialogue between the chief executives of investor companies 
and the Russian government,  with a focus on the crucial aspects of fostering a healthy investment 
climate.  
 
The council is chaired by the Russian Prime Minister and includes 54 international companies and 
banks. Throughout the year FIAC focuses its efforts on major Russian economic  and industry 
sectors covered by relevant working groups including, in particular, technical regulations and 
elimination of administrative barriers, improvement of tax legislation, improvement of customs 
legislation, financial institutions and capital mark ets, trade and consumer sector, energy efficiency, 
innovation development.  
 
The working groups are composed of FIAC member company officials and the heads of the 
ministries and agencies concerned. They hold regular meetings during the year, the main goal of 
which is to develop specific actions and recommendations on the key issues of the Russian 
economy.  
 
FIAC holds annual sessions with the government to discuss priorities in investment policy, analyze 
possible amendments for the resolution of current iss ues and identify measures for coordinated 
improvement of the investment environment, considering the interests of all parties involved.  
In December 2009 the Chairman of FIAC, Russian Prime Minister proposed and the Council 
adopted new tasks and principles  of FIAC to meet the challenge of converting the Russian 
economy to innovation -based development.  
 WT/TPR/M/345/Add.1  
 
- 325 - 
 
  For this purpose, FIAC's activities have been regulated by Decree No. 1141 of the Government of 
the Russian Federation of 9 December 2009. Thus FIAC started  working in a new format, with two 
main work streams:  
  assistance in resolving specific issues encountered by foreign investors in their relations 
with federal executive bodies and executive bodies of constituent entities of the Russian 
Federation;  
  expert support of priorities in work of the government, including the regulatory and legal 
framework.  
 
FIAC's membership is continuously updated. Members are rotated in accordance with the 
"Regulation on FIAC Member Rotation ", which establishes the principles  of FIAC membership and 
the procedure for accepting and removing members.  
To become the member of FIAC the investor must send the appeal to the Ministry of economic 
development of the Russian Federation. The appeal will be considered on the rotation commis sion 
which is held one time a year.  
 
Page 151, Para.4.154  
"In accordance with Order of the MTMC No. 144 of 21 June 2013 a working group was 
established with the participation of the FCS and the FSUE Russian Post in order to formulate a 
joint policy in the field of technological and legislative initiatives in the implementation of customs 
operations and procedures for international mail. The Working Group issued Orders No. 609/69 of 
1 April 2013 and No. 1788/258 of 23 September, 2013 "On the ground of intern ational mail 
exchange, subject to the postal service on the territory of the Russian Federation" with the aim of 
providing for more effective processing of international mail through the opening of a new 
international mail exchange. "  
 
Question  
Please intr oduce the innovated policies involved in the "new international mail exchange 
channel". How to improve international mail processing efficiency?  
 
Answer  
To optimize and accelerate the international mail handling processes, the Ministry of Telecom and 
Mass Communications of the Russian Federation, the Federal Customs Service of the Russian 
Federation and FSUE "Russian Post" have been team -working to simplify the customs procedures 
for international postal items (IPIs).  
 
The simplified customs procedure prov ides an opportunity to use the Goods Register (including its 
soft format) as a customs declaration during export and import operations.  
 
Up-to-date logistics centers, construction of which has been envisaged by FSUE "Russian Post" 
Development Strategy til l 2018, apply advanced technologies of mail sorting by automated sorting 
machines. To ensure prompt interaction and improve efficiency of all IPI -related processes, 
integration of information systems of the Federal Customs Service and FSUE "Russian Post" h as 
been provided for international postal exchange points.  
 
Moreover, some experiments have been implemented:  
  experimental use of a simplified procedure, based on documents of the Universal Postal 
Union (UPU,) for customs handling of export goods being sent as international postal items 
(IPIs);  
  experiment on payment of the customs charges for personal -use items sent as IPIs by 
individuals through electronic terminals, payment terminals and ATMs installed outside the 
customs authorities.  WT/TPR/M/345/Add.1  
 
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  Please introduce  the clearance policy of the Russian Federation on import and export 
express delivery? Is there any plan to further optimize the clearance process so as to 
improve express clearance efficiency?  
 
Answer  
The background of the optimization policy for handlin g the incoming and outgoing mail flows is to 
computerize the sorting procedure and transfer the IPI -related processes in electronic format to 
the maximum extent. Thus the information system integration enables electronic data exchange 
between the postal se rvices and the customs authorities, as well as effective mechanisms of the 
customs control.  
 
Does the Russian Federation Postal Service have the exclusive operation right? What is 
the scope of the exclusive operation?  
 
What approvals are required for fore ign investment in the express delivery service in 
Russian Federation?  
 
Answer  
FSUE "Russian Post" is not provided with exclusive rights for postal operations in the territory of 
the Russian Federation. However the enterprise is the designated postal opera tor providing the 
international postal exchange in accordance with the Universal Postal Services (UPU) documents. 
Other postal operators or organizations involved in shipping and forwarding activities are not 
authorized to handle their transportations unde r the UPU documents, and their activities are 
regulated by legal acts in express transportations.  
 
As a Federal postal communication enterprise, FSUE "Russian Post" renders universal postal 
services which tariffs are regulated by the State within the enti re territory of the Russian 
Federation.  
 
Page 88, Para.3.166  
"The Russian competition regime applies ex ante control of economic concentrations, including 
mergers, acquisitions of shares or controlling interests, and joint ventures. Undertakings (except 
financial organizations) must notify their intention to merge and obtain prior authorization from 
the FAS if, according to their latest pre -notification balance sheets: (i) their combined assets 
exceed Rub 7 billion; or (ii) their combined revenues exceed R ub 10 billion. Whenever an economic 
concentration gives rise to concerns about harm to competition, the FAS can either block the 
proposed transaction or impose certain remedies (conditional approval)."  
 
Question  
Please make a brief introduction to the type s of the joint ventures which need to be 
approved by the antimonopoly authority in advance according to the Law on the 
Protection of Competition.  
 
What are the criteria for Russia's antimonopoly authority to investigate Economic 
Concentration? Are factors  such as public interest taken into account?  
 
Answer  
All enterprises, regardless of their form of ownership, must first obtain prior permission of the FAS 
Russia, if they meet the criteria described in Para.3.166. No additional factors affect the decision in 
respect of the transactions that are being examined including transactions related to economic 
concentration.  
 
Part II. Questions based on Policy Statement by Russia (WT/TPR/G/345)  
Page 5, Para.4.4  
"Steps are currently being taken to stimulate foreign trade activities, to expedite customs 
formalities and to reduce the release time for goods, including through removal of redundant 
barriers in customs regulations, a simplification of customs procedures and a reduction of required 
time for customs formalit ies. " 
 WT/TPR/M/345/Add.1  
 
- 327 - 
 
  Question  
Please introduce the specific contents of relevant measures and the specific actions to 
simplify customs procedures and shorten the duration of customs procedures.  
 
Answer  
There was a range of measures undertaken to facilitate and acceler ate the customs procedures  
among which are the following:  
1. The mandatory submission of prior notifications to customs authorities was introduced regarding 
the goods to be imported on the territory of the Eurasian Economic Union by road and by railway.  
Additionally the pilot projects were organized for goods to be imported through seaports and by 
air/. 
The development of prior notifications induced the reduction of time for performance of customs 
control:  
a) by road it amounted to 21 minutes in 2015, reduced  to 18 minutes in the first half of 
2016;  
b) by railroad it reduced from 3 hours 20 minutes to 2 hours;  
c) by air it reduced from 2 hours and 15 minutes to 1 hour and 30 minutes.  
 
Due to the development and implementation of Seaport portal which provides for the  informational 
interaction between the respective governmental bodies and foreign trade participants the time of 
performance of customs control was reduced to 6 days in 2015 in comparison with 2013 – 10 days 
and 2014 -7 day s. 
 
2. Nowadays ov er 99 % of custo ms declarations are submitted electronically. Mandatory electronic 
declaration of goods facilitated to insert a range of new perspective technologies.  
3. The foreign trade participants are provided with the possibility to release goods on distance. It 
means that the declaration can be submitted at one customs point while the goods are located at 
another one. 23,5 % (663  020 units) of the total amount o f submitted declarations (2,815, 777 
units) were subject to declarations on distance from  January till Septe mber 2016 .  
4. The customs authorities reduced the number of document (from 20 to 6) to be submitted for 
customs declaration.  
 
The customs authorities are planning to decrease the amount of governmental officials inspecting 
the consignments at the checkpoi nts to 2 official representatives (a border guard and customs 
officer). The veterinary, sanitary or phytosanitary control is expected to be performed based on 
risk management system by means of the interaction between customs authorities, 
Rospotrebnadzor, Rosselhoznadzor electronically.  
 
Page 6, Para.4.8  
"A number of measures have been introduced in order to improve international trade conditions 
and investment attractiveness of the Russian Federation, which primarily targeted the following 
areas: reduction  in the number of documents required for customs declaration e.g. contracts 
(foreign trade agreements), licenses, certificates of conformity, declarations of conformity, State 
Control Certificates, certificates of export of rough diamonds, transaction pass ports, identification 
certificates for products not covered by the export control regulations, and the other approvals and 
permits. Reduction in the number of permitting documents was made possible after the 
implementation of an electronic interagency comm unication system (hereinafter – EICS) among 
the federal executive authorities. "  
 
Question  
Please introduce the departments issuing such certificates, the procedures implemented 
by the customs and the requirements of applicable laws and regulations.  
 
Answ er 
For the purpose of time efficiency and the reduction of costs of the foreign trade participants the 
Russian Customs authorities are introducing modern information technologies, undertaking 
necessary steps to decrease the amount of documents submitted fo r customs declaration for 
instance between 2012 -2016 the Federal Customs Authorities issued 16 Orders regarding the 
reduction of the number of documents to be submitted for customs declaration. These Orders are 
published on the following website  at: www.ved.customs.ru . 
 WT/TPR/M/345/Add.1  
 
- 328 - 
 
  Nowadays the following documents may not be submitted upon declaration if their registration 
number are mentioned in the goods declaration such as:  
 The passport of transaction issued by the authorize d bank;  
 Act of state control issued by the Assay Chamber of the Russian Federation, by the 
State Precious Metals and Gems Repository (Gokhran);  
 Certificate for exportation of raw natural diamonds issued by Gokran;  
 Conformity assessment certificate or decl aration  
Licenses for import -export operation in respect of goods traded with third countries which are 
included in the Common list of goods subject to restrictions or prohibitions of Customs Union 
granted by Ministry of Industry of the Russian Federation a nd Ministry of Energy of the Russian 
Federation  
Export authorization on sturgeon from the Federal oversight Service for Natural Resource Use.  
The reduction of the number of documents became possible with implementation and development 
of intergovernmenta l information exchange system.  
Page 6, Para.4.12  
"Automatic goods declaration (hereinafter - GD) registration technology and automatic release of 
goods were implemented. "  
 
Question  
Please introduce the specific contents and process of the automatic declar ation and 
release of goods.  
 
Answer  
The automatic goods declaration includes registration and the release of goods however the 
decision on refusal needs to be undertaken by a customs officer.  
 
Under Articles 190 and 195 of Customs Code of the Customs Uni on the automatic customs 
declaration is designated to identify the reasons due to which the declaration cannot be registered 
without direct participation of customs officers. If such reasons are not identified the customs 
declaration will be registered and  the goods will be released.  
 
Automatic GD is applied at all customs check points entitled to register goods declarations when 
they are placed under the following customs procedures:  
 Export  
 Release for domestic consumption  
 Free customs area  
 Duty free.  
 
Currently automatic release of exported goods is applied at all customs checkpoints entitled to 
register automatic release of imported goods (Release for domestic consumption) is applied at 99 
customs check points subject to the respective pilot project.  
 
Other Questions  
1. It is learned that Russia began to implement some new policies in 2015, such as 
strengthening commodity import inspection and increasing the taxes of commodity risk 
price, etc. To some extent, these new policies have an impact on the cle arance of trading 
enterprises. Please introduce the specific information about the new policies.  
 
Answer  
The application of risk management system to determine the value was introduced in 2006. This 
control of customs values of goods was based on existing  international practices.  
 
In the Russian Federation as well as on the territory of EAEU there is not determination of customs 
values under risk management system. Rules of Customs valuation are set forth in customs 
legislation based on Article VII GATT 19 94 and its Agreement on implementation of Article VII.  
 
2. On 16 February 12016, General Administration of Customs of Russia issued Order No. 280 – 
Improving the Effectiveness of Customs Goods Value Supervision with Risk Management System . 
It is reported t hat Russia imposes balance deposit by referring to risk value during actual WT/TPR/M/345/Add.1  
 
- 329 - 
 
  implementation. If the declared price is lower than the risk value, the importer must pay the 
deposit for the duty and VAT levied on the difference, and then the application for re turn of the 
deposit can be filed through legal or administrative channels.  Please introduce the methods 
and actions for risk value determination and explain whether the actions comply with 
WTO Customs Valuation Agreement .  
 
Answer  
The customs authorities d etermine the value of goods in accordance with the Agreement of 
Customs Union on determination of Customs values based on Article VII GATT 1994 and its 
Agreement on implementation of Article VII.  
 
3. The Government of Russia issued Governmental Orders No. 166 and 566 respectively in 
March  2005 and February 2011 to implement automobile assembly policies. The policies set 
different levels of requirements for capacity and localization etc. The qualified auto companies may 
enjoy 0 -3% import duty preference when  importing auto parts. Up to now, all the major auto 
companies in the world, except Japan Honda, have signed Automobile Assembly Agreements with 
the Government of Russia and imported auto parts and manufactured autos according to the 
privileges granted und er the Agreement.  
 
Question  
Given the fact that the Chinese automobiles entered into the Russian market at a later 
time, can Chinese auto companies sign Automobile Assembly Agreements with the 
Government of Russia and enjoy the privileges under the Agreem ent?  
 
Answer  
According to para. 1090 of the Report of the Working Party on the Accession of the Russian 
Federation to the World Trade Organization the Russian Federation has undertaken commitment 
not to "conclude any new agreements with investors in any s ector that contained provisions 
contrary to the WTO Agreement, including the WTO Agreement on Trade -Related Investment 
Measures".  WT/TPR/M/345/Add.1  
 
- 330 - 
 
  35  FOLLOW -UP QUESTIONS FROM TH E UNITED STATES  
PART I: QUESTIONS ON THE SECRETARIAT REPORT (WT/TPR/S/345)  
 
3 TRADE POLICIES AND P RACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports  
3.1.2 Customs valuation  
Page 44, paragraph 3.19 : The Secretariat 's Report notes that if Russia 's Federal Customs Service 
(FCS) determines that the declared value may be inaccurate or cannot be sup ported, additional 
documentation may be requested. Please explain whether FCS would ever request originals or 
copies of export declarations submitted to the customs authority of the exporting country for 
customs valuation or other customs processing proced ures. If requested for procedures other than 
customs valuation, please clarify whether this practice would end upon entry into force of the WTO 
Trade Facilitation Agreement.  
 
Answer  
The customs value of goods is determined by the declarant when placing the m under a certain 
customs procedures except for the customs procedure of customs transit. An export declaration of 
the exporting country is not the document on the basis of which the customs value of goods is 
determined.  
 
An export declaration on goods upo n their exportation is one of the supplementary documents 
which can be submitted by the declarant for the purpose of confirming the information declared in 
respect of their customs values.  
 
Follow -up 
The WTO Trade Facilitation Agreement states that an ori ginal or copy of export 
declarations submitted to the customs authorities of the exporting Member shall not be  
a requirement for importation. Upon entry into force of the Trade Facilitation 
Agreement, will Russia continue to request export declarations as supplementary 
documents?  Furthermore, could a request for and reliance on export declarations be 
considered trade restrictive if it is illegal for companies of an  exporting country to 
submit these documents?  
 
Answer  
Upon importation of the goods on the ter ritory of the Russian Federation the submission of export 
declaration is not mandatory. Neither article 159 nor article 183 of Customs Code of EEU 
establishes such requirements. The declarant decides how to prove the customs value of the goods 
imported by submitting among other documents the export declaration as an additional one. The 
companies of an exporting country do not submit such document to the customs authorities of the 
importing country.  
 
3.1.8 Standards and other technical requirements  
3.1.8.1 S tandards and technical requirements at the EAEU level  
Page 58, paragraph 3.61 : According to the Secretariat 's Report, EAEU technical regulations are 
based on international standards, unless those standards "do not comply with the purposes of 
adoption of te chnical regulations of the EAEU, including technical and other particularities."  Please 
explain what types of "particularities" might warrant diverging from international standards and 
provide some specific examples of EAEU technical regulations that diffe r from international 
standards based on this criterion.   
 
Answer  
In accordance with the Treaty on the EAEU (Art. 3 of the Annex 9) technical regulations of the 
EAEU are based on international standards, unless those standards do not comply with the 
purpose s of adoption of technical regulations of the EAEU, including climatic or geographical 
factors or technological or other problems. The term "other problems" ("other particularities" in the 
Secretariat 's Report) allows to deviate from international standard s to fulfil a legitimate objective, 
inter alia: national security requirements; the prevention of deceptive practices; protection of 
human health or safety, animal or plant life or health, or the environment. All technical regulations 
of the EAEU are based  on international standards.  
 WT/TPR/M/345/Add.1  
 
- 331 - 
 
  Follow -up 
Please explain why Russia includes the last sentence in its response (i.e., "All technical 
regulations of the EAEU are based on international standards.") after it provides 
examples of circumstances under which techn ical regulations are not based on 
international standards. Also,  if the EAEU employs a standard that deviates from 
international standards, what are the criteria used to determine the new standard. For 
example, do they employ a science based standard?  
 
Answer 
Currently all technical regulations of the EAEU are based on international standards, nevertheless 
the EAEU Treaty provides an opportunity to deviate from international standards in certain 
circumstances. The EAEU does not develop standards. Developmen t, adoption and application of 
standards is a matter of national legislation of the EAEU Member States. According to Article 17.2 
of the Federal Law No. 162-FZ "On Standardization in the Russian Federation" national standards 
are developed on the basis of international standards and research results.  
 
Page 59, paragraph 3.66 : The Secretariat 's Report indicates that the EAEU does not accept foreign 
test results. Please identify if there are any ongoing efforts or future efforts planned to permit 
participatio n of conformity assessment bodies located in the territories of other WTO Members in 
EAEU conformity assessment procedures. Also, please provide an explanation as to why foreign 
test results, particularly from those laboratories accredited by ILAC Mutual R ecognition 
Arrangement signatories, cannot be accepted.   
 
Answer  
Pursuant to Article 30 of Federal Law No. 184-FZ of 27 December 2002 "On Technical Regulation" 
(as last amended on 05 April 2016), the Russian Federation was able to accept the results of 
foreign conformity assessment bodies.  
 
In accordance with Article 55 of the EAEU Treaty the procedures and conditions for elimination of 
technical barriers in mutual trade with third countries are determined by international agreements 
within the Union. In th is regard, the EEC together with the member States of the Union are 
working out a draft international agreement on the procedure and conditions for elimination of 
technical barriers in mutual trade with third countries. This agreement will establish mechan isms 
to eliminate barriers to trade with third countries through the conclusion of relevant international 
agreements. Currently the draft agreement provides for assessment of the degree of equivalence 
of mandatory requirements and products conformity asses sment mutual recognition.  
 
Still we should mention that the Russian Federation is not ILAC Mutual Recognition Arrangement 
signatory.  
 
Follow -up 
The response indicates that the EEC  is working on a draft international agreement on the 
elimination of technica l barriers in mutual trade and that this agreement provides for 
assessment of the degree of equivalence of mandatory requirements and products 
conformity assessment mutual recognition.  However, the response goes on to state that 
"Still we should mention th at the Russian Federation is not ILAC Mutual Recognition 
Arrangement signatory."  If the EEC adopts the specified international agreement, would 
the status as a non -ILAC Mutual Recognition Arrangement signatory preclude Russia's 
acceptance of foreign test r esults from assessment bodies located in the territories of 
other WTO members?  
 
Answer  
The status as a non -ILAC Mutual Recognition Arrangement signatory does not preclude acceptance 
by the Russian Federation of foreign test results currently and will not p reclude such acceptance 
after EAEU Agreement on the procedure and conditions for elimination of technical barriers in 
mutual trade with third countries will entry into force.  
 
3.1.9 Sanitary and phytosanitary requirements  
Page 65, paragraph 3.84 : According  to the Secretariat 's Report, CU Commission Decision No. 317 
requires, inter alia , that certain goods may be exported to Russia only from an establishment listed 
in the Registry of Establishments. The EEC has removed the listing requirement for certain WT/TPR/M/345/Add.1  
 
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  products, including dairy and pet foods. Please clarify when Russia will drop its listing requirements 
for these products.  
 
Answer  
The mentioned listing requirements relate to low -risk products subject to veterinary control. The 
listing requirements will rem ain in force until the completion of audit in interested exporting 
country held by Russian competent authorities (if exporting country control system complies with 
importing country requirements). According to the Eurasian Economic Commission Decision as o f 9 
October 2014 No. 94 on the Regulation on the Harmonized procedure of Joint On -site Inspections 
and of Taking Samples of Goods (Products) subject to Veterinary Control (Supervision)), to start 
the audit procedure the exporting country competent authorit y should submit to the competent 
authority of the EAEU Member State with the application, with indication of audit area, products 
groups specifications and precise establishments activities under control.  
 
Currently, audit is being provided in in the Latin  America countries. After its completion, other 
received applications will be considered in the request order.  
 
Follow -up 
Russia responds that "The mentioned listing requirements relate to low -risk products 
subject to veterinary control."  Does that suggest  Russia is not enforcing listing 
requirements for products that are not subject to veterinary control?  
 
Answer  
Russia does not impose listing requirements for products that are not subject to veterinary control.  
 
3.3 Measures Affecting Production and Trade  
3.3.2 Incentives  
3.3.2.1 General support programs  
Page 80, table 3.25 : According to this table, Russia 's support to the automotive industry increased 
from just over 8 billion rouble s to 58.7 billion rouble s – an increase of over 700%. Please explain 
this significant increase. Please also clarify whether these support measures were provided to both 
Russian -owned facilities and foreign -owned facilities on a non -discriminatory basis.  
 
Answer  
The automotive industry is a key sector of Russian economy and subsi dies from the federal budget 
are necessary in order to ensure its stability in a period of economic fluctuations.  
 
The support measures are provided on a non -discriminatory basis to various enterprises that meet 
the requirements established in legal acts a ccording to which the support is provided.  
 
Follow -up 
We appreciate Russia's assertion that these subsidies are provided on a non -
discriminatory basis, to those companies that meet the requirements; however, Russia 
has not responded to the United States' request for an explanation of the significant 
increase (over 700%) in the level of support provided to the automotive industry. Please 
provide a reply to this request.  
 
Answer  
The increase in the level of support of Russian industrial sectors including aut omotive industry 
sector was a response to devaluation of national currency, sharp decline in domestic consumption, 
and other negative factors caused by domestic and international developments.  
 
Pages 82 -83, paragraphs 3.143 -3.145 : The Secretariat 's Report states that a new law on industrial 
development, Law No. 488-FZ of 31 December 2014, came into force on 30 June 2015. Under the 
law, industrial entities may be subject to conditions, including performance indicators. Please 
explain the various types of per formance indicators industrial entities are subject to under this law.  
 
Also, under Law No. 488-FZ, financial support may be provided to industrial enterprises exporting 
products manufactured in Russia. Please explain if any of the financial support provid ed under Law 
No. 488-FZ is contingent upon exportation.  
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  Finally, under Law No. 488-FZ, for the purposes of the procurement of good and works and 
services for government needs, priority may be given to goods originating in Russia, but that such 
priority ma y apply only in cases that are not contrary to the obligations of Russia under 
international treaties.  Please explain the specific provisions of Law No. 488-FZ that give priority to 
goods originating in Russia. Please also explain how such priority is give n in a manner that is not 
contrary to Russia 's obligations under Article 3.1(b) of the WTO Agreement on Subsidies and 
Countervailing Measures.  
 
Answer  
The Federal Law No 488 -FZ of 31 December 2014 itself does not establish any performance 
indicators. The p erformance indicators the entities need to meet are set in accordance with each 
Resolution of the Government of the Russian Federation that regulates the provision of the 
subsidy. Different performance indicators are set for each sector of economy.  
 
Follo w-up 
We appreciate Russia's clarification that the performance indicators provided for in Law 
No. 488-FZ of 31 December 2014 are actually set forth in various Resolutions of the 
Government of the Russian Federation. Please provide a description of the type s of 
performance indicators envisioned for in Law No. 488-FZ of 31 December 2014, but 
actually set forth in Resolutions of the Government of the Russian Federation.  
 
Answer  
The Federal Law No. 488-FZ does not establish specific provisions that give priori ty to goods 
originating in Russia. It lays down a general principle of priority of domestic goods and services in 
the procurement by governmental agencies of products purchased for governmental purposes and 
in the purchases by SOEs for government and munic ipal needs.  
Taking into account that Russia does not have undertaken obligations in respect of government 
procurement in the WTO and thus imposed priorities do not contradict the WTO law, in particular 
the Article 3.1(b) of the WTO Agreement on Subsidies a nd Countervailing Measures.  
 
In addition, the United States also asked whether financial support provided under Law No. 488-FZ 
of 31 December 2014 is contingent upon export. Russia's response gave a general description of 
various forms of support available  under this law and a reminder of the WTO Appellate Body 
decision that subsidies may be provided to enterprises that export. Russia's conclusion that the 
subsidies are not contingent on export, however, does not follow from the information provided. 
The fa ct that subsidies may be provided to enterprises that export does not address the question 
as to whether the subsidies may be provided only to enterprises that export.  Therefore, please 
clarify whether the subsidies provided under Law No. 488-FZ of 31 Dece mber 2014, de 
jure or de facto, are contingent upon export.  
 
Answer  
The Federal Law No. 488-FZ does not set requirements on export performance for enterprises in 
order to receive support.  
 
Furthermore, it appears that Russia overlooked the final elements of the United States ' questions 
concerning Law No. 488-FZ of 31 December 2014, specifically.  
Finally, under Law No. 488-FZ, for the purposes of the procurement of good and works and 
services for government needs, priority may be given to goods originating in Russia, but that such 
priority may apply only in cases that are not contrary to the obligations of Russia under 
international treaties.  
 
Please explain the specific provisions of Law No. 488-FZ that give priority to goods 
originating in Russia.  
Please a lso explain how such priority is given in a manner that is not contrary to 
Russia's obligations under Article 3.1(b) of the WTO Agreement on Subsidies and 
Countervailing Measures.  
Please provide a response to these requests for information.  
 WT/TPR/M/345/Add.1  
 
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  Answer  
Russian  answer to these questions we have combined with answer to the next U .S. question, 
because from our point of view all of these questions have a similar matter.  
Therefore, we would like to repeat our answer:  
The Federal Law No. 488-FZ lays down a general pr inciple of priority of domestic goods and 
services in the procurement by governmental agencies and in the purchases by SOEs for 
government and municipal needs.  
Taking into account that Russia does not have undertaken obligations in respect of government 
procurement in the WTO, this policy concerning imposed priorities does not contradict the WTO 
law, in particular the  Article 3.1(b) of the WTO Agreement on Subsidies and Countervailing 
Measures.  
3.3.3 State trading, state -owned enterprises, and privatization  
Page 85, paragraph 3.151 : According to the Secretariat 's Report, Russia has not notified any 
state-trading enterprises (STEs) to the WTO. As this notification of STEs is a biennial requirement, 
2016 marks the third consecutive time that Russia has not met  its notification obligation. We also 
note that the Secretariat 's Report identifies a number of enterprises that could qualify as STEs 
and, therefore, must be notified to the Working Party on State Trading Enterprises. Russia also 
stated before the Working  Party on State Trading Enterprises in 2012 that its STE notification "was 
nearly finalized and would be submitted in the near future." Please identify specifically when 
Russia will fulfill its notification requirement.  
 
Answer  
The necessary work is in pro gress and following the provisions of Article XVII of the GATT 1994 
respective notifications in respect of the STEs subject to notification requirements are to be 
finalized soon.  
 
Follow -up 
The United States notes that Russia's answer is nearly the same as  the one it gave to the 
Working Party on State Trading Enterprises in October 2012 (i.e., nearly four years ago). 
As stated in the original question, Russia has already not met its biennial notification 
requirement three times, despite promises that such n otification is being "finalized" and 
would be made "soon". Therefore, Russia's answer is non -responsive. Please identify 
specifically when Russia will fulfill its notification requirement.  
 
Answer  
The Russian Federation will submit the notification as soon  as possible once the necessary work is 
finalized. The development of the policy in respect of independent natural gas producers involved 
in natural gas trade is taking place. In respect of the agricultural sector the Russian Federation 
would like to note that сcurrently  there are no agricultural products concerned by state -trading.  
 
3.3.5 Government procurement  
3.3.5.3 General principles and buy -domestic requirements  
Page 93, paragraph 3.185 : Please explain whether the preferences to Russian -made goods 
described in this paragraph (and covered by Law No. 44-FZ) are applicable to all government 
purchases or to only those goods purchased for a government purpose.  
 
Answer  
The abovementioned preferences to Russian -made goods are applicable to all procurement f or 
federal and municipal needs.  
 
Follow -up 
Please confirm that these preferences apply only to procurement for government needs.  
 
Answer  
We confirm that these preferences apply only to procurement for government needs.  
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  3.3.6 Intellectual property rights  
3.3.6.3 IP administrative and enforcement systems  
Page 100, paragraph 3.217 : The Secretariat 's Report refers to the IPR Court decision in the 
Novartis case on the protection of pharmaceutical test data. Please explain how this decision is 
consistent with A rticle 26, part 1 of the Russian Law "On the Turnover of Medicines" ("Abbreviated 
procedure for the registration of pharmaceuticals") and Article 39.3 of the Agreement on Trade 
Related Intellectual Property Rights (TRIPS). Please also explain how in that c ase the generic 
manufacturer was able to get market authorization according to the abbreviated procedure of 
Article 26, part 1 without relying on clinical and other data of Novartis. Please also clarify if Russia 
is planning to take any steps to prevent un fair commercial use of pharmaceutical data in the 
future.  
 
Answer  
The Government of the Russian Federation is not competent to comment the court decisions.  
 
Follow -up 
Please respond to the last part of the U.S. question (i.e., "Please also clarify if Russi a is 
planning to take any steps to prevent unfair commercial use of pharmaceutical data in 
the future.")  
 
Answer  
Taking into account that the provisions of 61 -FZ regarding the protection of undisclosed 
information on clinical and preclinical data has enter ed into force just 4 years ago (from the date 
of Russia 's accession to the WTO), it is difficult to evaluate the effectiveness of current legislation 
as the practice of its application is not sufficient. The Russian Federation recognizes the 
importance of data protection and in accordance with its obligations will take further steps to 
prevent unfair commercial use of pharmaceutical data if the further application of the current 
system of protection will show its ineffectiveness.  
 
PART II: QUESTIONS ON THE  GOVERNMENT REPORT (WT/TPR/G/345)  
 
3 FOREIGN TRADE  
3.2 Trade in Services  
Page 5, paragraphs 3.9 and 3.11 : The Government 's Report notes that services represent more 
than 60% of Russia 's GDP, and identifies the geographical structure of its services export s. Please 
describe the types of services that comprise Russia 's services exports.  
 
Answer  
None.  
 
Follow -up 
Please respond to this question.  
 
Answer  
According to the information of the Central Bank of the Russian Federation, the export of services 
was US$70 ,123 million in 2013, US$65, 744 million in 2014 and US$51, 742 million in 2015.  
The volume of GDP, in its turn, was US$2,227, 849 million in 2013, US$2,052, 224 million in 2014 
and US$1,332, 495 in 2015.  
 WT/TPR/M/345/Add.1  
 
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  Structure regarding types of services  
 
 
WT/TPR/M/345/Add.1  
 
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  PART III: OTHER QUESTIONS  
 
Question 4  
In 2007, Russia started a process to ensure equal return on gas supplies to the international and 
domestic markets. Please provide an update on that process. Please also clarify  whether returns 
on gas for export and for domestic sales have been equalized.  
 
Answer  
Decree of the Government of the Russian Federation of 28  May 2007 No. 333 "On the 
modernization of state regulation of prices on gas" provided for, in particular, that t he regulation 
of wholesale prices on gas shall be carried out on the basis of gradual achievement of equal 
returns from gas supplies to domestic and international markets taking into account the cost of 
alternative types of fuel. This process hasn 't been f inalized yet.  
 
Follow -up 
Please provide more specific details as to where the nearly 10 -year old process stands 
for equalizing the return. Please also provide a timeline for completion of that process.  
 
Answer  
The domestic prices of natural gas in the Russ ian Federation did not exceed the level of equal 
returns of gas supplies for export until 2016. At the same time, due to the changes in the prices in 
the world markets, the average domestic price of natural gas in Russia has reached the level of 
equal retu rns of gas supplies for export in 2016.  WT/TPR/M/345/Add.1  
 
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  36  FOLLOW -UP QUESTIONS FROM JA PAN 
Report by the Secretariat (WT/TPR/S/345)  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.6 Intellectual property rights  
 
Question 1  
Page 100,  Paragraph 3.217  
Please let us know whether any subsequent applicant must obtain a permission from the 
owner of reference pharmaceutical product who had registered first this product using 
clinical and preclinical test data during the period of six years e ven if the data has been 
published in the literature.  
 
Answer to Question 1  
In accordance with the L aw No. 61-FZ 2010 "On the Circulation of Medicines " during the period of 
six years any subsequent applicant shall obtain a permission from the owner of refe rence 
pharmaceutical product who has registered first this product using clinical and preclinical test data. 
The law does not make any difference between sources of this kind of data.  
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  37  FOLLOW -UP QUESTIONS FROM THE E UROPEAN UNION  
WT/TPR/S 345 - Follow -up qu estions  
 
1. Import substitution  
Page 18 section 1.18 on economic development states that "Import substitution has become a key 
factor of output backup in agriculture (Section 4.1), and some manufacturing industries, primarily 
production of consumer goods ( e.g. food products, household chemicals, cosmetics, and 
medicines) […]"During the last three years, Russia has pursued a policy of import substitution. 
This policy is in itself not bringing any positive impact from an economic point of view (regardless 
of the issue of its compatibility with WTO commitments).  
 
Initial EU question 2  
The Russian Federation's import substitution policy extends, inter alia, to the 
automotive sector. Through various instruments – for instance through Resolutions 29, 
30, 31 and 3 2 of 2014 and Decree 1433 of December 2014, amended by Decree 244 of 
March 2015 – Russia accords subsidies to car manufacturers producing in "industrial 
assembly mode". Could the Russian Federation explain how it ensures that this 
condition of "industrial assembly mode" does not discriminate against imported parts 
and components or otherwise how it ensures the WTO consistency of these measures?  
 
Russia's answer  
The Resolutions mentioned in the question indicate that the production of motor vehicles should b e 
"in the industrial assembly mode ". It merely means that the producer has to have a valid 
agreement on industrial assembly with the Ministry of Economic Development of the Russian 
Federation. The Resolutions do not include any requirements for mandatory f ulfilment of any 
provision of the industrial assembly agreements. The Resolutions do not include any requirements 
for the recipients to purchase or use domestic over imported goods, which are mandatory or 
enforceable under domestic law, or compliance with which is necessary to obtain a subsidy.  
Thus, the measures are compatible with the WTO obligations of the Russian Federation.  
 
EU follow -up questions 1  
How does the requirement ensure that the imported automotive components and vehicle 
kits with a particu lar geographical origin do not benefit from a preferential treatment 
over the equivalents originating from other (WTO) geographies?  
 
Answer  
The acts of the Government of the Russian Federation mentioned in initial EU question 2 do not set 
any preferential treatment for goods with "a particular geographical origin " as compared to "the 
equivalents originating from other (WTO) geographies ". They envisage provision of subsidies to 
the producers without distinction to the origin of investments.  
 
EU follow -up que stion 2  
How can smaller car manufacturing operations (smaller investments tapping into the RF 
market) benefit from RF's import substitution instruments? How difficult it is to obtain a 
valid agreement on industrial assembly with the Ministry of Economic De velopment of 
the Russian Federation?  
 
EU follow -up question 3  
What are the conditions for concluding an industrial assemble agreement with the 
Ministry of Economic Development?  
 
Answer to questions 2 and 3  
According to para 1090 of the Report of the Workin g Party on the Accession of the Russian 
Federation to the World Trade Organization the Russian Federation has undertaken commitment 
not to "conclude any new agreements with investors in any sector that contained provisions 
contrary to the WTO Agreement, in cluding the WTO Agreement on Trade -Related Investment 
Measures ". 
 
EU follow -up question 4  
Why do certain automotive factories in Russia not receive the subsidies when it must be 
in the interest of any company to receive subsidies to improve its revenues?  WT/TPR/M/345/Add.1  
 
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  Answer  
The subsidies are given to any producers meeting the criteria established by the respective act.  
 
Page 32, S ection 2.4.2.1 on the Eurasian Economic Union. Para 2.29 "When the Russian 
Federation joined the EAEC, the authority over many aspects of its foreign trade regime was 
transferred to the EAEC, and later to the EAEU. Some of these issues include import tariff rates, 
trade in transit, non -tariff measures (e.g. tariff -rate quotas, import licensing, and trade remedy 
procedures), customs policies (cus toms valuation, customs fees, and country of origin 
determinations), border enforcement of IPRs, establishment and administration of special 
economic and industrial zones, and the development of technical regulations and SPS measures. 
As a result, some com mitments taken by the Russian Federation during its WTO accession are 
being implemented through EAEU measures. "  
 
Initial EU question 6  
Could the Russian Federation detail the division of competences for the issue of transit 
between the bodies of the EAEU and the competent authorities of the Russian 
Federation? Does the Russian Federation apply any national transit limitations, in 
particular when a product is a subject of a SPS measure or restrictions? If so, could the 
Russian Federation provide the text of  the legal act that establishes any transit 
restrictions?  
 
Russia's answer  
Russian national customs legislation does not regulate transhipment of goods except when it is 
necessary to secure compliance with the legislation relating, in particular, to custo ms enforcement. 
Currently, Russia does not apply any transit restrictions related to SPS measures. The Customs 
Code of the Customs Union establishes legal basis for the regulation of transit.  
 
EU follow -up question 5  
Could the Russian federation explain wh at is meant by the "transhipment of goods"  and 
provide a reference to a corresponding definition in the Russian or the EEU customs 
legislation? Does Russia apply any national transit limitations linked to the 
implementation of the restrictions imposed on e ntry of certain goods as set out in the 
Presidential D ecree of 7 August 2014 and its subsequent amendments? Can Russia 
explain what is the ground for refusal of transit of certain products of the EU to central 
Asia which are currently under SPS restriction  to be imported into Russia (like for 
instance canned fish)?  
 
Answer  
Annex 3 of the Marrakesh agreement on trade policy review mechanism states, that this 
mechanism "is not, however, intended to serve as a basis…for dispute settlement procedures, or to 
impose new policy commitments on Members ". Taking into account the request of Ukraine under 
DSU for consultations on this matter, we consider discussion of the issue as inappropriate.  
 
Initial EU question 8  
Could the Russian Federation provide explanations co ncerning the application and 
coverage of Art. 216(1) of Customs Union Code? In the Russian Federation views, does 
it provide sufficient legal grounds for the Russian Federation's customs authorities to 
ban transit of goods through Russia if those goods can  be imported to other EAEU 
Members but not to Russia? If the reply is "yes", could the Russian Federation explain 
whether such interpretation of the application of Article 216 (1) is supported by other 
EAEU member and is WTO compatible?  
 
Russia's answer  
According to paragraph 1 of Article 216 of the Customs Code of the Customs Union the placing of 
goods under the customs transit customs procedure is permitted while the goods are not 
prohibited for import to the customs territory of the Customs Union or expo rt from such territory.  
Customs territory of the Customs Union comprises of the territory of the Republic of Armenia, 
Republic of Belarus, Republic of Kazakhstan, Kyrgyz Republic and the Russian Federation, as well 
as the artificial islands, installations,  structures and other facilities located outside Member States 
of the Customs Union, in respect which Member States of the Customs Union exercise their 
exclusive jurisdiction (para. 1 of Article 2 of the Customs Code of the Customs Union).  WT/TPR/M/345/Add.1  
 
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  The list of good s prohibited for import1 to the customs territory of the Eurasian Economic Union or 
export from such territory is provided for in the Decision of the Board of the Eurasian Economic 
Commission of 21 April 22015 No. 30. The list of goods prohibited for impor t to the customs 
territory of the Eurasian Economic Union includes hazardous waste, prohibited for import, 
information on print, audiovisual and other media, prohibited for importation and exportation, 
plant protection products and other persistent organic  pollutants that are prohibited for import, 
service and civilian arms, their parts and ammunition prohibited for import, tools for aquatic 
biological resource extraction, products from harp seals and pups of harp seals.  
 
EU follow up question 6  
Could the R ussian Federation clarify, in cases where one Member State of the Customs 
Union has adopted entry or import restrictions into the customs territory of that Member 
State while the other Member States of the Customs Union have not introduced the 
same restric tions, whether Article 216(1) applies in the Russian Federation? In the 
same cases, does Article 216(1) apply in the other Member States of the Customs Union 
which have not implemented the import or entry restrictions?  
 
Answer  
According to Article 38 of th e Treaty on Eurasian Economic Union of 29 May 2014, the common 
customs regulation should be carried out by the EAEU in accordance with the Customs Code of the 
EAEU. According to paragraph 1 of Article 216 of the Customs Code of the Customs Union the 
placin g of goods under the customs transit customs procedure is permitted while the goods are not 
prohibited for import to the customs territory of the Customs Union or export from such territory.  
 
According to Part II of Annex No. 7 to the Treaty on the Eurasia n Economic Union of 29 May 2014 
(hereafter – Annex  No. 7) all decisions on the introduction, application, extension and cancellation 
of non -tariff measures shall be adopted by the EEC. However, in exceptional cases provided for in 
Parts VII and VII of the Annex  No. 7, the EAEU 's member -states are entitled to unilaterally impose 
temporary measures in trade with third countries in accordance with the provisions (Part X of 
Annex  No. 7). Part VII of the Annex  No. 7states that measures related to the importation  and/or 
exportation of certain goods may be introduced in condition that these measures are:  
1) necessary to protect public morals or rule of law;  
2) necessary to protect the environment, human, animal or plant life or  health;  
3) related to the importation and/or  exportation of gold or silver;  
4) imposed for the protection of cultural values and cultural heritage;  
5) related to the conservation of exhaustible natural resources and are made effective 
in conjunction with restrictions on domestic products or consumption;  
6) related to a restriction of export of goods originating from the territories of the 
Member States in order to ensure a sufficient supply of such goods for the 
domestic manufacturing industry during periods of low domestic prices for such 
goods as compared to the world prices, as a result of the Government's 
stabilization plan;  
7) necessary to the acquisition or distribution of goods in general or local short 
supply;  
8) necessary to the fulfilment of international obligations;  
9) necessary to ensure national defenc e and security;  
10) necessary to ensure compliance with law related to the application of customs 
legislation, environmental protection, intellectual property right protection that are 
not inconsistent with the international obligations, and other legal acts.  
 
The unilateral measures were adopted by the Decree of the President of the Russian Federation 
No. 560 of 6 of August 2014 "On the application of certain special economic measures to ensure 
the security of the Russian Federation" based on the provisions o f the Federal law "On special 
economic measures" No. 281-FZ of 30 December 2006 and Federal law "On security" No. 390-FZ 
of 28 December 2010.  
 
As for transit issues the Presidential Decree No. 1 and Government Resolution No. 1 of 2016 (in 
force as of 1 Jan uary 2016), together with Presidential Decree No. 319 of 1 July 2016 fall within 
the scope of the Request for Consultations as of 14 September 2016 made by Ukraine. Annex 3 of 
the Marrakesh agreement on trade policy review mechanism states, that this mecha nism" is not, 
however, intended to serve as a basis…for dispute settlement procedures or to impose new policy WT/TPR/M/345/Add.1  
 
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  commitments on Members ". For these reasons, we do not consider discussion of these issues 
within the scope of trade policy review of the Russian F ederation to be appropriate.  
 
2. Automotive  
 
Page 37 para 2.46. "Some investment privileges are also granted in the context of the Auto 
Investment Programme (established to attract investment in the automotive industry) and 
agreements concluded under this programme. The Russian Federation has confirmed that it will 
eliminate the WTO -inconsistent measures applied under the Auto  Investment Programme by 
1 July 2018, and engage in consultations with interested WTO Members by no later th an 
1 July 2016 (Section 4 .4.3.)  " 
 
Initial EU Question 10  
Could the Russian Federation explain what the eligibility criteria are to be met by a 
foreign automotive manufacturer to be covered by the definition of "an industrial 
assembly mode"? Could Russia provide the references of the relevant legal act/s?   
 
Russia's answer  
The term "industrial assembly" does not have any general definition which could be applicable for 
interpretation of different legal acts where this term is used. For example, under the Joint Order of 
the Ministry  of Economic Development, Ministry of Industry and Ministry of Finance No. 73/81/58n 
of 15 April 2005 the "industrial assembly" of motor vehicles was defined as a system of serial 
production wit h a capacity of no less than 25, 000 units per year in two -shift work schedule 
including such technological processes as welding, painting and assembly of the car body; 
mounting of the passenger compartment equipment, mounting of major car components (engine, 
chassis) etc. The term "industrial assembly", following its  definition, implies only that certain basic 
manufacturing operations should be performed. Such definition is used for the importation of parts 
and components at preferential tariff rates by the Russian legal persons who have concluded the 
agreement with t he Ministry of Economic Development of the Russian Federation.  
 
EU follow -up question 7  
According to the definition above, the requirements seem to discriminate against 
smaller assembly out fits (below 25, 000 units per year working in a single -shift). That  
may deter initial FDI.  
 
Answer  
The support measures are designed in a way that they could enable to support the companies 
which are aimed at long -term development with due consideration of sectoral specifics. The 
requirements established by the Joint Orde r of the Ministry of Economic Development, Ministry of 
Industry and Ministry of Finance No. 73/81/58n of 15 April 2005 contribute to the aims of the Auto 
Investment Program.  
 
EU follow -up question 8  
Does this definition only apply to the joint Order No. 73/81/58n of 15 April 2005 
(mentioned above) or also to other legal acts such as the Decrees No. 29-32 of 
15 January 2014? Could the Russian Federation mention the other legal acts concerned 
where this definition of "industrial assembly" applies?  
 
Answer  
The term "industrial assembly mode " does not have general definition which could be applicable 
for interpretation of different legal acts where this term is used. The definition referred to in the 
initial reply of the Russian Federation is applied for the pur poses of imports of parts and 
components by the importers which have concluded the agreements with the Ministry of Economic 
Development.  
For example, the Resolutions of Government of the Rus sian Federation No. 29-32 of 
15 January  2014, they do not include definition of "industrial assembly ". 
 
3. Page 36 para 2.38. Restrictions to investment  
 
Initial EU Question 13  
Regarding the law restricting fore ign ownership of media to 20% (L aw 305/2014, 
Article 19), could the Russian Federation please explain how this is compatible with its WT/TPR/M/345/Add.1  
 
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  GATS commitments on news agency services, publishing and printing services which 
only allows for restrictions regarding citizenship? Does the Russian Federation consider 
that it is entitled to impose a cap on the capital held by fore ign companies or persons in 
print or audiovisual media? If so, on which grounds?  
  
Initial answer of the Russian Federation  
The Federal law No. 305-FZ places limitations to establish mass media, to work as editorial office 
of a mass media and also to hold share in the authorized capital of a mass media or its editorial 
office on the following categories: foreign states, international organizations, Russian citizens that 
have citizenship of another country, persons with no citizenship, foreign individuals, f oreign legal 
entities and also Russian legal entities in which share of direct/indirect ownership in the authorized 
capital exceeds 20%. These requirements are applied unless otherwise  provided  for by the 
international agreement of the Russian Federation).   
In order to implement the provisions of 305 -FZ the transition period has been set, during which 
composition of mass media founders should be brought into line with mentioned requirements. All 
limitations provided by the Federal law are proposed to bring into force starting with 
1 January  2017.  
Government resolution No. 1107 dated 16 October 2015 approves the list of documents that 
indicate an observance by the founders (participants) of the mass media, editorial offices of a 
mass media and broadcasting le gal entities of the require ments of the A rticle 19.1 of the Law of 
the Russian Federation No. 2124-I dated 27  December 1991 "About mass media".  
 
EU follow up question 9  
The EU is fully aware of the ownersh ip limitations imposed Federal L aw No. 305-FZ as 
well as of the related implementation rules described in the reply of the Russian 
Federation. However, the GATS commitments of the Russian Federation on news agency 
services (page 56 of GATS/SC/149) only allow restrictions to market access and 
national treat ment based on citizenship for "founders of mass media agencies". 
Similarly, the commitments of the Russian Federation (page 23 of GATS/SC/149) on 
printing and publishing allow only two restrictions to market access and national 
treatment: c ommercial presen ce is allowed only in the form of a juridical person of the 
Russian Federation and, for publishing, foreign citizens cannot be "founders of mass 
media agencies".  
 
Based on these commitments, could the Russian Federation explain on which basis it 
considers  that it is allowed to impose a cap on the capital held by foreign companies or 
persons in juridical persons of the Russian Federation?  
 
Could the Russian Federation elaborate on its comments that " these requirements [of 
Federal L aw No. 305-FZ] are applied  unless otherwise provided for by the international 
agreement of the Russian Federation"? Is this to be understood as a reference to GATS?   
 
Answer  
The reference to international agreements, quoted by the EU in its question, covers also the WTO 
Agreement a nd the GATS. This reference guarantees the compliance of the legislation to the 
international obligations of the Russian Federation.  
 
4. Customs  
 
Initial EU Question 15  
What are the Russian Federations' intentions regarding the facilitation of trade given 
that Russia deposited its instrument of acceptance of the Trade Facilitation Agreement 
(para 9 page 9 of the WTO Secretariat report) and that the above described procedures 
become real obstacles to trade with Europe in particular?  
 
Russia's (initial) answe r 
Russian Federation is committed to facilitate customs clearance procedures. Thus the quantity of 
necessary documents requested while importing goods was reduced to 6. Any additional 
requirements, imposed by customs authorities in cases of uncertainty of  customs values of goods, 
are in line with WTO rules or Trade Facilitation Agreement requirements. Russian Federation is 
steadily looking for ways to simplify the clearance process within the limits of applicable laws and 
regulations.  WT/TPR/M/345/Add.1  
 
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  EU follow up question 10 
Could the Russian Federation please provide the list of the 6 mandatory documents 
requested while importing goods. Does this list apply in the Russian Federation only or 
in the whole customs territory of the EEU?  
 
Answer  
The documents required for imp orts are the following:  
- goods declaration;  
- invoice;  
- transport document (bill of lading);  
- document confirming the origin of the goods;  
- document confirming product code (packing list);  
- documents confirming compliance with intellectual property ri ghts (if necessary).  
-  
The customs authorities of the importing EAEU country have a right to require other documents 
stipulated in Article 183 of the Customs Code of Customs Union depending on the circumstances 
and applied measures for the goods.  
 
Initial  EU Question 16  
Could the Russian Federation explain the rationale for the customs authorities to 
request a copy of the EU export declaration for release for free circulation in the Russian 
Federation?  
 
Russia's answer  
The customs value of goods is determ ined by the declarant when placing them under  certain 
customs procedures except for the customs procedure of customs transit. An export declaration of 
the exporting country is not the document on the basis of which the customs value of goods is 
determined.  
An export declaration on goods upon their exportation is one of the supplementary documents 
which may be submitted by the declarant for the purpose of confirming the information declared in 
respect of their customs values.  
 
EU follow up question 11  
Could the Russian Federation confirm that there is no obligation for declarants to submit 
export declarations of the exporting country at every importation into the Russian 
Federation? Could the Russian Federation provide a list of the cases in which the export 
declarations of the exporting country must be used as one of the supplementary 
document and the cases in which the export declaration may be used as one of the 
supplementary documents?  
 
Answer  
Upon importation of the goods in the territory of the Russian F ederation the submission of export 
declara tion is not mandatory. Neither A rticles 159 and 183 of Customs Code of EEU stipulates such 
requirements. The declarant decides how to prove the customs value of the goods imported. The 
declarant may decide to submi t among other documents the export declaration as an additional 
confirming document.  
 
Initial EU Question 23  
What measures does Russia intend to take to implement Article VIII of the GATT? What 
are the steps already taken/considered?  
 
Russia's answer  
Article VIII of the GATT has already been implemented in th e Law No. 311-FZ of 
27 November  2010. Article 130(2) states that fees for customs transactions are limited to the 
approximate price of the services provided and shall not exceed Rub 100,000.  
 
EU follow  up question 12  
Could the Russian Federation please clarify what is the legal basis in the Russian 
Federation determining fees for customs convoys? How are fees for customs convoys 
calculated?  
 WT/TPR/M/345/Add.1  
 
- 345 - 
 
  Answer  
Paragraph 5 of Article 130 of Law No. 311-FZ of 27 Nov ember 2010 set up the amount of fees paid 
for the rendered customs escort services. The customs fees for customs escort are to be paid per 
each vehicle and each railway rolling stock unit to a distance at the following rates:  
a) of 50 km and less: 2,000 r oubles;  
b) from 51 through 100 km: 3,000 roubles;  
c) from 101 through 200 km: 4,000 roubles;  
d) over 200 km: 1,000 roubles per 100 km of route but at least 6,000 roubles;  
e) for the customs escort of each water vessel or aircraft: 20,000 roubles irresp ective of the 
distance of travel.  
 
5. EAEU unilateral measures  
Page 52 para 3.43 refers to the fact that  " An EAEU member State may unilaterally introduce and 
temporarily apply (for a 6 month period) non -tariff measures in relation to third countries".  
 
Initial EU Question 24  
On which ground are those measures adopted? Is this "6 months" above mentioned 
period renewable? If so, how often can these measures be renewed and on which 
ground? Are there provisions that allow/oblige all EAEU members to align on u nilateral 
measures applied by another one?  
 
Russia's answer  
Unilateral non -tariff measures can be introduced by one of the EAEU Member States in exceptional 
cases, in accordance with Section X of the Protocol on Non -Tariff Regulatory Measures in relation 
to third countries (Annex No. 7 to the Treaty on the Eurasian Economic Union of 29 May 2014) and 
only by the reasons specified in points 38 -48 of Annex No. 7. Unilateral non -tariff measures can be 
applied by EAEU Member States not more than 6 months. Other  EAEU Member States are not 
obliged to support this measure. If all EAEU Member States would support such a measure, the 
Commission shall take a decision on its introduction on the customs territory of the EAEU for a 
period specified by the Commission. The  law of the Union does not limit the possibility of EAEU 
Member States to apply unilateral non -tariff measures repeatedly.  
 
EU follow -up question 13  
Please explain whether the same rules mentioned above applicable to unilateral 
measures apply to RF import  ban on agricultural products introduced on national 
security grounds and transit restrictions to Kazakhstan and Kyrgyz Republic? Please 
explain positions of other EAEU members regarding the mentioned import ban?  
 
Answer  
The unilateral measures were adop ted by the Decree of the President of the Russian Federation 
No. 560 of 6 of August 2014 "On the application of certain special economic measures to ensure 
the security of the Russian Federation" based on the provisions of the Federal law "On special 
econo mic measures" No. 281-FZ of 30 December 2006 and Federal law "On security" No. 390-FZ 
of 28 December 2010.  
 
As for transit issues the Presidential Decree No. 1 and Government Resolution No. 1 of 2016 (in 
force as of 1 January 2016), together with Presiden tial Decree No. 319 of 1 July 2016 fall within 
the scope of the Request for Consultations as of 14 September 2016 made by Ukraine. Annex 3 of 
the Marrakesh agreement on trade policy review mechanism states, that this mechanism " is not, 
however, intended to  serve as a basis…for dispute settlement procedures or to impose new policy 
commitments on Members ". For these reasons, we do not consider discussion of these issues 
within the scope of trade policy review of the Russian Federation to be appropriate.  
 
We suggest to approach other EAEU Member States to check their position on this issue.  
 WT/TPR/M/345/Add.1  
 
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  6. Standards  
Page 60, section 3.1.8.2  
 
Initial EU question 25  
What were the reasons for introducing the measures defined by the Resolution 
930/2015 which add cement to the  products subject to mandatory certification and 
distinguishing between locally produced and imported cement?  
 
Russia's answer  
The introduction of mandatory cement certification requirements was caused by the urgent 
problems of safety, health and environm ental protection required. The Government Resolution 
No. 930 as of 9 September 2015 "On amendments of the Single List of Goods Subject to 
Mandatory Certification " added cement to Single List of Goods Subject to Mandatory Certification, 
and no different req uirements for locally produced and imported cement were introduced.  
 
EU follow -up question 14  
Russia's national GOST standard R 56836 -2016 on "Validation of conformity. Rules of 
cement certification ", adopted by the Russian Federal Agency on Technical Regu lation 
and Metrology on 11 January 2016, establishes a detailed certification procedure 
referred to in the Government Resolution No. 930. According to this new GOST standard, 
in force since 1 February 2016, for imports from third countries (and not for loc ally 
produced cement) the certification body conducts additional inspection control of each 
batch of cement supplied which includes sampling at the border, testing and control of 
all characteristics set out in the national standard according to which the c ertificate of 
conformity was granted. What are the reasons for this different treatment?  
 
Answer  
The GOST -R 56836 -2016 provides two forms of inspection control for cement: inspection control 
at a production site and inspection control of the products on t he border.  
Inspection control at a production site provides a complex control of the production, which is 
conducted not less than once every six months and additional inspections on unscheduled basis. 
Inspection control of products is a simpler and less c ostly procedure as compared to the procedure 
for local producers.  
 
EU follow -up question 15  
What are the "problems of safety, health and environmental protection it mentions in 
Russia's reply?  
 
Answer  
State supervision at construction sites revealed ser ious problems caused by low -quality cement. 
The main problems are:  
  hazardous content in cement of carcinogenic hexavalent chromium (CrVI);  
  high alkali content in cement leads to early -age cracking in concrete and negative impact 
on the metal support stru cture;  
  low compressive strength;  
  insufficient frost resistance.  
 
Initial EU Question 26  
How will the Russian Federation make sure that foreign cement producers are not 
discriminated?  
 
Russia's (initial) answer  
The Resolution of the Government of the  Russian Federation No. 930 of 9 September 2015 "On 
amendments to the Single List of Goods Subject to Mandatory Certification " and mandatory 
requirements to cement quality (The Single List of Goods was established before the Russian 
Federation 's accession to t he WTO) does not contain provisions discriminating foreign producers. 
In accordance with the Resolution of the Government of the Russi an Federation No. 438 of 
5 June 2008 "On the Ministry of Industry and Trade of the Russian F ederation" (as last amended 
on 2 August 2016) the Ministry of Industry and Trade of the Russian Federation is the national 
executive authority of the Russian Federation responsible for the development and elaboration of 
national policy in the area of technical regulation, including sta ndardization, conformity 
assessment procedures (including testing and certification) and for coordinating the development WT/TPR/M/345/Add.1  
 
- 347 - 
 
  of technical regulations. The Ministry of Industry and Trade of the Russian Federation monitors the 
markets of industrial goods includ ing cement market.  
 
EU follow -up question 16  
Please provide latest list of foreign producers, including other EAEU Members as well as 
EU companies, which are certified to export cement to the Russian Federation.  
 
Answer  
The list of certificates for cemen t certification is available on the official website of the Federal 
Accreditation Service (www.fsa.gov.ru). There were 51 certificates issued for the cement produced 
by the foreign co mpanies since 8 March 2016.  
 
EU follow -up question 17  
How does the Russia n Federation explain that 1) certificates to foreign companies have 
been issued only since July 2016 while local producers received certificates earlier and 
2) that the certificates allocated to foreign companies only have been annulled since 
September?  
 
Answer  
The lists of documents and tests required to obtain a certificate for cement, as well as the 
requirements defined by GOST -R 56836 -2016 are equal for all manufacturers. All the reasons for 
certificate annulation are also listed in GOST -R 56836 -2016 ( para 8.19.3). 46 certificates have 
been cancelled since 08.03.2016.  
 
Initial EU question 27  
TBT notification RUS/48 was the day after entry into force. The "Order of Federal 
Agency for Technical Regulation (Rosstandart) No. 1-st of 11  January 2016 "Conform ity 
assessment. Rules of cement certification" (GOST standard 56836 -2016)", setting out 
the relevant rules for cement certification, was notified one month after it became 
mandatory (12 April 2016 (TBT Notification RUS/49) although certification of cement 
was obligatory as of 7 March 2016 ). What is the reason for late notifications?  
 
Russia's (initial) answer  
The late notifications of the Gover nment Resolution No. 930 as of 9 September 2015 "On 
amendments to the Single List of Goods Subject to Mandatory Cer tification " and the Order of 
Federal Agency for Technical Regulation (Rosstandart) No. 1-st as of 11 January 2016 "Conformity 
assessment. Rules for cement certification" were caused by urgent problems of safety, health and 
environmental protection.  
 
EU fol low-up question 18  
Please explain whether additional cement certification rules exist which are not covered 
by GOST Standard 56836 -2016. If yes, please provide full list of other 
standards/legislation applicable. Please also provide list of national 
labora tories/accreditation institutions authorized  to certify foreign cement/producers.  
 
Answer  
Only GOST standard 56836 -2016 establishes cement certification rules. The list of accreditation 
bodies authorized  for cement certification is available on the offici al website of the Federal 
Accreditation Service at: www.fsa.gov.ru . There is no special list of national 
laboratories/accreditation institutions authorized  to certify foreign cement/producers.  
 
EU follow -up question 19  
Pleas e explain rational e behind para. 8.2 of GOST S tandard 56836 -2016 which appears 
introducing discriminatory treatment for imported cement.  Please explain and justify the 
need for additional certification applied for imported cement. Please explain whether 
imported cement has to be kept on the border while additional certification is carried 
out. In addition, please provide details of duration and costs of additional certification.  
 
Answer  
The GOST -R 56836 -2016 provides two forms of inspection control for cem ent: inspection control 
at a production site and inspection control of the products on the border.  WT/TPR/M/345/Add.1  
 
- 348 - 
 
  There is no additional certification requirement in the GOST -R. Inspection control at a production 
site provides a complex control of the production, which is conducted not less than once every six 
months and additional inspections on unscheduled basis. Inspection control of products is a 
simpler and less costly procedure as compared to the procedure for local producers.  
 
EU follow -up question 20  
Could the Ru ssian Federation explain what "urgent problems of safety, health and 
environmental protection" it refers to and to what extent these problems would have 
impacted the notifications to the WTO?  
 
Answer  
State supervision at construction sites revealed serious  problems caused by low -quality cement. 
The main issues are:  
  hazardous content in cement of carcinogenic hexavalent chromium (CrVI);  
  high alkali content in cement that leads to early -age cracking in concrete and negative 
impact on the metal support struc ture; 
  low compressive strength;  
  insufficient frost resistance.  
The mentioned urgent problems constitute danger to life and health directly (content of a 
carcinogen) and indirectly due to the quality and reliability deterioration in buildings and 
construc tions.  
 
Initial EU Question 28  
What were the reasons to impose measures introducing new requirements in the area of 
compliance and certification with good manufacturing practice (GMP) of pharmaceutical 
products as defined by Resolution 1314/2015 and attach ed Regulations?  
 
Russia's answer  
The Federal Law No. 429-FZ as of 22 December 2014 amended Federal Law No. 61-FZ of 
12 April 2010 "On the Circulation of Medicines" and introduced compulsory requirement to the 
production of pharmaceutical products to compl y with the good manufacturing practice (GMP) 
provisions in order to adequately protect human life, health and safety.  
The Resolution of the Government of the Russian Federation No. 1314 as of 3 December 2015 
approved the Rules of pharmaceutical products ma nufacturers inspections for practical 
implementation of Federal Law No. 61-FZ as of 12 April 2010 "On the Circulation of Medicines" (as 
last amended on 3 July 2016).  
 
EU follow up question 21  
In its reply the Russian Federation refers to legal acts but doe s not explain the reasons 
for adopting the new requirements. Could the Russian Federation explain these reasons?  
 
Answer  
The requirements for pharmaceutical products were adopted for the reasons of human and animal 
life and health protection and safety.  
 
Initial EU Question No. 29 
All applicants for Russian drug marketing authorization  must provide a valid GMP 
certificate issued by the Russian authority. However, in practical implementation, 
foreign companies are clearly in disadvantage to domestic ones ma inly due to the lack of 
Russian inspection capacities. How does the Russian federation plan to ensure that the 
measure introduced by Resolution 1314/2015 do not discriminate between domestic 
and foreign operators?  
 
Russia's answer  
The Resolution of the Gov ernment of the Russian Federation No. 1314 of 3 December 2015 
approved the Rules of organization  of inspections of pharmaceutical products manufacturers and 
set out the fee for this service. These Rules do not contain provisions discriminating the foreign 
operators. The fee amount is equal for domestic and foreign manufactures. The schedule of 
inspections of foreign manufactures is publically available on official website of the Ministry of 
Industry and Trade of the Russian Federation and provides almost 10 0 inspections in the second 
half of 2016.  
 WT/TPR/M/345/Add.1  
 
- 349 - 
 
  EU follow up question 22  
Could the Russian Federation provide further information on the organization  of the 
inspections of foreign manufacturing sites and in particular that the schedule will ensure 
that the impo rt of products manufactured in foreign sites will not be affected by 
potential delays of the inspections by  the authorities of the Russian Federation. Does the 
Russian Federation apply the same timelines for inspections of domestic sites and 
foreign sites?  
 
Answer  
According to the Government of the Russian Federation Resol ution No. 1314 as of 
3 December  2015 the Ministry of Industry and Trade of the Russian Federation (in respect of 
pharmaceutical products for human) and the Federal Service for Veterinary and Phytosanitary 
Supervision ("Rosselkhoznadzor") (in respect of pharmaceutical products for animals) are 
authorized to control and monitor the application of pharmaceutical products GMP conformity 
certification system . There is no evidence of delays con cerning the inspections. The quantity and 
frequency of the inspections depend on the number of requests for inspections, but not on the 
location of a production site or the origin of the producer.  
 
7. Sanitary and Phytosanitary requirements  
Page 62 para 3. 76.  
 
Initial EU question 35  
Could the Russian Federation explain how the following measures comply with certain 
provisions  of the SPS agreement: a) the ban on exports of all live animals from the EU 
with the exception of animals for breeding, in place sin ce March 2012; b) the ban on 
ware potatoes since July 2013; c) the ban on fruit and vegetables from Poland since 
August 2014; d) the ban on groups of food establishments (e.g. chilled meat from 
Germany since January 2013, e) the ban on milk and dairy produ cts from 3 German 
Länder since February 2013, f) the ban on all fishery products from Estonia and Latvia 
since June 2015?  
 
Russia's  answer  
a) While importing live animals from the EU numerous violations (differences in declared number 
of animals and their actual number; detection of animal carcasses) of veterinary certificates and 
bilateral Memorandum as of 2004 were detected. Due to these reasons the temporary restrictions 
on import of all live animals from the EU were introduced, except for breeding anima ls because 
their quarantine is under control of Russian veterinary authorities. These restrictions are in 
conformity with the Chapter 5.1 of the OIE Code.   
b) The measures adopted in 2013 were introduced due to regular quarantine pests detection in 
plant p roducts, imported from the EU. Since 2010 for 2013 Rosselkhoznadzor has sent totally 104 
notifications (in full conformity with the ISPM 13) to the national competent authorities of 
Germany, Belgium, the Great Britain, Spain, Lithuanian, the Netherlands, F inland, France and 
Czech Republic on detection Globodera rostochiensis (Woll.), Phthorimaea operculella and 
Globodera rostochiensis. This measure was introduced in full conf ormity with WTO obligations: 
1) the measure is based on the relevant international standards (IPPC); 2) notification to the WTO 
was submitted in full conformity with transparency provisions (G/SPS/N/RUS/22, 
G/SPS/N/RUS/22/Add.1); 3) furthermore,  in order not to restrict trade and at the same time to 
provide effective plant protection wit hin the Russian territory, Russia has provided the opportunity 
to export parties of seed potatoes from the EU within the special procedure, which was agreed 
with the competent authorities of several EU Member States. Several inspections were held in 
accord ance with this procedure.  
c) Temporary restrictions on fruits and vegetables from Pola nd have been introduced since 
1 August 2014 due to repeated violations of international and national phytosanitary requirements, 
Frankliniella occidentalis and Grapholit a molesta Busck were detected. This measure is in full 
conformity with WTO obligations: 1) the measure is based on the relevant international standards 
(article 1 (а) Article VII IPPC). 2) notification to the WTO was submitted if full conformity with 
transparency provisions (G /SPS/N/RUS/69).  
d)+e) The reasons for introducing temporary restrictions on import of animal products (including 
chilled meat) from Germany and dairy products from 3 German lands are the results of laboratory 
monitoring, violations identified during the bo rder control, numerous mistakes in certification of 
products destined for the Russian market, cases of obvious adulteration made Rosselkhoznadzor 
arrange several plants inspections and some elements of the system ensuring safety of  goods WT/TPR/M/345/Add.1  
 
- 350 - 
 
  exported from Germ any to Russia. Only within the period from 2012 to 2015 four inspections were 
arranged.  
f) The restrictions imposed by the Russian Federation on fish products imports from Latvia and 
Estonia based on the results of inspections of several fish processing pl ants are evoked by 
systemic failures in the performance of the Competent Authorities of the mentioned countries. The 
Latvian and Estonian Competent Authorities were informed about these violations.  
 
We would like to reiterate that all the above mentioned e mergency restrictions are in compliance 
with WTO obligations. These restrictions are temporary and will be reconsidered in due course.  
 
EU follow up question 23  
Could  the Russian Federation clarify.  
 
i) whether for each of the restrictions referred to in E U Question No. 35 its services 
considered less trade restrictive measures (e.g. increased frequency of controls, 
additional certification etc.) than the complete ban of exports (other than seed potatoes 
and live animals for breeding).  
 
Answer  
Less trade re strictive measures were indeed considered, however the background for introducing 
temporary restrictions on import of regulated products are systematic violations of national and 
international SPS requirements, identified by Rosselkhoznadzor during inspect ions, and presence 
of hazardous substances in the regulated products, identified by Rosselkhoznadzor and EU -
Members competent authorities. Taking into account the scale of the detected violations temporary 
restrictions were the only way to cope with the is sue.  
 
ii) whether for each of the restrictions referred to in EU Question No. 35 its services 
conducted a risk assessment for the measures in question, most of which remain in 
force since several years.  
 
Answer  
The mentioned SPS measures were introduced i n conformity with the international standards 
(recommendations of relevant international organizations).  
 
iii) whether the detection of regulated harmful organisms on imported plant products in 
all cases results into long term "temporary" restrictions or n ot. If not, could the Russian 
Federation specify the number or frequency of detections leading to the imposition of 
bans and whether those are applied equally to all trading partners and to all types of 
regulated plant products?  
 
Answer  
The timeframe for temporary measures is not precisely established. It is the common international 
practice. For example, the EU import ban on some types of plant products is in force during 16 
years. Restrictions are imposed on the basis of phytosanitary risk assessment. Th e measures are 
applied equally to all trading partners and all types of regulated plant products.  
 
iv) Could the Russian Federation clarify the time frame of reviewing "temporary 
restrictions" as referred to in its answer to EU Question No. 35? 
 
Answer  
The timeframe is not legally established and depends on elimination of the violations on the basis 
of which the restrictions were introduced.  
 
Initial EU question 36  
According to notifications G/SPS/N/RUS/22 and G/SPS/N/RUS/9, exports of certain products, 
including ware potatoes from the EU are placed under restrictions due to the alleged absence of 
areas, places of production or production sites free of quarantine pests of concern for Russia. 
However, as regards ware potatoes, the Russian national legislation  does not require that they 
originate from such free areas, places of production or production sites. How does the Russian 
Federation justify introducing this restriction alleging the non -compliance with a requirement that 
is not included on its own legisl ation and therefore not required vis à vis domestic 
products/operators?  WT/TPR/M/345/Add.1  
 
- 351 - 
 
  Russia's answer  
We would like to explain that the mentioned products under G/SPS/N/RUS/22 and G/SPS/N/RUS/9 
were not placed under restrictions due to the alleged absence of areas, plac es of introduction or 
production sites free from quarantine pests, they were imposed due to repeated detection of 
quarantine pests (see the answer 35 above).The same measures would be applied to domestic 
producers in case of detection of the same quarantin e pests.  
 
EU follow up question 24  
Could the Russian Federation clarify the reasons for which notification G/SPS/N/RUS/22, which 
replaced G/SPS/N/RUS/9 to add restrictions inter alia on ware potatoes, does not make any 
reference to a separate justification  for restricting that product as described in its answer to EU  
 
Question No. 36 
Could the Russian Federation clarify whether it considers that notification G/SPS/N/RUS/22 refers 
to a single trade measure or to multiple measures  
 
Answer  
According to Recom mended procedures for implementing the transparency obligations of the SPS 
Agreement the description of content (point 6 of the emergency notification) should indicate the 
measure`s content and health protection objective. These two conditions are met. In point 5 (title 
of the notified document) the Rosselkhoznadzor`s letters numbers are provided, which clarify the 
reasons for restricting the regulated products. Moreover Rosselkhoznadzor has sent notifications to 
the EU competent authority according to ISPM  13, several consultations were held with DG SANCO 
on this issue. At last the Russian Federation according to its WTO transparency obligations has 
answered the EU comments on this notification in June 2013. Thus rather precise justification was 
provided on  the mentioned temporary restriction.  
The notification G/SPS/N/RUS/22 refers to a single trade measure.  
 
Page 64 para 3.80 In paragraph 950 of the Report of the Working Party on the Accession of the 
Russian Federation to the WTO (WP Report), the Russian F ederation undertook to allow imports of 
plants for planting based on guarantees provided by the NPPO of the exporting country not to 
perform routine inspections of individual plant nurseries in order to authorize  them to export.  
 
Initial EU question 41  
How is the above compatible with the Russian Federation's policy to require either the nurseries to 
be listed and regularly inspected by its officials or to perform pre -clearance inspections of 
consignments, in order to authorize  imports?  
 
Russia's answer  
In paragraph 950 of the WP Report Russia undertook to allow export of plants for planting only 
from pest free area or pest free places of production of the exporting country, but still there is no 
information on such areas or places of production in the EU. Furthermore, Russia does not conduct 
regular inspections, but only if there is such a necessity in conformity with the ISPMs 4, 10, 36 
requirements.  Thus, Federal Decree on Plant Q uarantine No . 206 – FZ is in full compliance with 
international standards re quirements (IPPC) and WTO obligations.  
 
EU follow up question 25  
Could the Russian Federation clarify whether it considers that guarantees on the origin of the 
products from free areas or places of production provided with the phytosanitary certificate sig ned 
by the NPPO of the exporting country are not considered to be sufficient?  
 
Answer  
Phytosanitary certificate does not grant absence of quarantine pests. Seed plants are the products 
of high phytosanitary risk and their imports is regulated by the natio nal legislation.  
 
If the above is the case, could the Russian Federation clarify how exactly it understands a 
satisfactory provision of information on pest free areas or places of production from exporting 
countries in order to accept NPPO guarantees and n ot to require inspections of individual nurseries 
as it has committed in paragraph 950 of the WP Report.  
 WT/TPR/M/345/Add.1  
 
- 352 - 
 
  Answer  
A satisfactory provision of information on pest free areas or places of production from exporting 
countries in order to accept NPPO guarantees and not to require inspections of individual nurseries 
is assessed according to ISPM 4, 10, 36.  
 
Page 65 para 3.85 In paragraph 928 of the WP Report, the Russian Federation committed itself not 
to impose restrictions on groups of establishments or all the establishments of a country without 
allowing reasonable time to the exporting country to take corrective measures.  
 
Initial EU question 42  
How is this commitment compatible with the Russian Federation's imposition of a ban on 
fishery products from all est ablishments in Latvia and Estonia even before the report of 
the relevant audits were finalized ? Could the Russian Federation clarify whether listing 
is still required for certai n products in contradiction to T able 41 and, if yes, for which 
products and on what basis?  
 
Russia's answer  
According to the WTO SPS Agreement Members could introduce SPS measures necessary to 
protect human, animals and plant lives or health. Regarding the inspections results 
Rosselkhoznadzor in conformity with the EAEU legislation a nd international legislation provisions 
has introduced temporary restrictions on import of fish products from Latvian and Estonian plants.  
Latvian and Estonian competent authorities were duly informed, preliminary consultations were 
held on the identified  violations, and the competent authorities were alerted on possible temporary 
restrictions if these violations would not be eliminated. So the exporting countries had possibility 
to take corrective measures, but they did not use a chance.  
 
The listing requ irements relate to low -risk products subject to veterinary control. They will remain 
in place until successful audit in interested exporting country by Russian competent authorities. 
According to the Eurasian Economic Commission Decision as of 9 October 20 14 No. 94 on the 
Regulation on the Harmonized procedure of Joint On -site Inspections and of Taking Samples of 
Goods (Products) subject to Veterinary Control (Supervision)), to start the audit procedure the 
exporting country competent authority should send to the competent authority of the EAEU 
Member State application with the indication of audit conduction area, including products groups 
specification and precise establishments activities  under control.  
 
Currently, audit is provided in the Latin America co untries. After its completion, other received 
applications will be considered in the request order.  
 
EU follow up question 26  
Could the Russian Federation provide information which exporting third countries have 
succeeded to the audit it refers to in order  to abolish listing requirements and for which 
animal products? The Russian Federation is also asked to clarify the time required from 
the submission of the request and all the required information by an interested 
exporting country until the audit is organized  and the final decision whether to abolish 
establishment lists is taken.  
 
Answer  
Audit is conducted on the basis of the third countri es national competent authority' s application. 
Currently, it is held for the first time in the Latin America countries . After its completion other 
applications would be considered in the request order.  
 
EU follow up question 27  
Could the Russian Federation explain whether it considers 11 days that passed between 
the audit in Estonian establishments on 17 -23 May 2015 and t he actual introduction of 
the export ban on fishery products on 4 June 2015 to be sufficient time for the Estonian 
authorities to undertake corrective measures? Could the Russian Federation provide 
information on dates and meetings where the Estonian "comp etent authorities were 
duly informed, preliminary consultations were held on the identified violations, and the 
competent authorities were alerted on possible temporary restrictions if these violations 
would not be eliminated" as mentioned in the initial r eply?  WT/TPR/M/345/Add.1  
 
- 353 - 
 
  Answer  
In Latvia and Estonia inspections were held since 18 for 22 May 2015. Before the mentioned 
inspections, in correspondence between competent authorities the violations of the EAEU and 
Russian safety requirements were noted. Estonian and Latvian  competent authorities have 
provided information on the elimination of detected violations in their written responses. To check 
the effectiveness of the corrective measures the inspections were held which have shown 
systematic requirements violations.   
 
It should be mentioned that while inspecting the fish plants the representatives of Estonian and 
Latvian veterinary authorities were present and so they were informed on questions list to the 
regional competent authorities and on their comments. It was clear  that the regulated products 
were unsafe for human consumption.  
 
The temporary restrictions on import of regulated products were systematic violations of national 
and international SPS requirements, detected by Rosselkhoznadzor during inspections, and 
presence of hazardous substances in the regulated products that was identified by 
Rosselkhoznadzor and EU -Members competent authorities. It indicates the absence of effective 
safety control mechanism.  
 
Rosselkhoznadzor held technical consultations with general  directors of veterinary competent 
authorities of Estonia and Latvia Ago Partel and Maris Balodis on 29 May 2015. During these 
consultations the preliminary inspections results were announced and it was mentioned that import 
of fish products from Latvia an d Estonia would be soon suspended.  
 
8. STEs 
 
Page 85 section 3.3.3  on SOEs/STEs, para 3.151 states that the Russian Federation " had not 
made any notifications on STEs within the meaning for Art. XVII of the GATT". The paragraph 
recalls Russian Federations ' commitments. The EU notes that at the last meeting of the WP on 
STEs, Russian Federation informed of ongoing work on notifications.  
 
Initial EU Question 44  
Could the Russian Federation give further details on th e Regulation No. 1277 of 
14 July 2014 and No. 2001 of 9 October 2014, which allows for an extension of the list 
of companies authorized to export LNG from Russia? Could the Russian Federation 
clarify what are its intentions in the upcoming notification on STEs regarding Gazprom?  
 
Russia's reply: At  the end of 2013 the Russian Federation approved legislative amendments to the 
Federal Law No. 117-FZ "On the export of gas " of 18 July 2006 through liberalizing export 
regulations for liquefied natural gas (LNG). The right to export LNG has been extended to: 
  the subsoil users at the subsoil plots of federal importance in respect of which the license 
for their subsoil use as of 1 January 2013 provides for the construction of a plant for 
producing natural gas in a liquefied state or the delivery of the extr acted natural gas in a 
gaseous state to a plant for producing natural gas in a liquefied state for liquefying (such 
licenses were issued to OAO "Yamal SPG ", OOO "Arktik SPG 1 "; OOO "Arktik SPG 2 ", OOO 
"Arktik SPG 3 "); 
  the legal entities which are establis hed in compliance with the legislation of the Russian 
Federation in whose authorized  capitals the share (contribution) of the Russian Federation 
exceeds  50% and/or in respect of which the Russian Federation has the right to dispose 
directly o r indirectly o f more than 50% of the total number of votes allocated to the voting 
stocks (shares) constituting the authorized  capitals of such legal entities which are the 
users of subsoil plots of the inland sea waters, territorial sea, continental shelf of the 
Russia n Federation, of the Black and Azov Seas and which make natural gas in a liquefied 
state from the natural gas in a gaseous state extracted at the cited subsoil plots or from 
the natural gas in a gaseous state extracted while implementing production sharing  
agreements, including those made before the date of this Federal Law's entry into force, 
and to their branch companies in whose authorized capitals the participation share of such 
legal entities exceeds fifty percent of the total number of votes allocated  to the voting 
stocks (shares) constituting the authorized  capitals of these companies and which make 
natural gas in a liquefied state from the natural gas in a gaseous state extracted on the 
cited subsoil plots or from the natural gas in a gaseous state e xtracted while implementing WT/TPR/M/345/Add.1  
 
- 354 - 
 
  production share agreements, including those made before the date of this Federal Law's 
entry into force (these entities include Rosneft).  
 
The Order of the Government of the Russian Federation of 10 October 2014 No. 2001-р amen ded 
a list of entities with a right to export LNG, approved by the Decision of the Government of the 
Russian Federation of 14 July 2014 No. 1277-р in accordance with the requests by companies OOO 
"Arktik SPG 1 "; OOO "Arktik SPG 2 ", OOO "Arktik SPG 3 ", which met the criteria to be granted a 
right to export LNG specified in the Law No. 117-FZ "On the export of gas " of 18 July 2006.  
 
Follow -up question 28  
Could the Russian Federation clarify what are its intentions in the upcoming notification 
on STEs regardin g Gazprom?  
 
Answer  
The necessary work is in progress and following the provisions of Article XVII of the GATT 1994 
respective notifications are to be finalized.  
 
9. Energy -Gazprom  
 
Page 141 Para 4.101. "Gazprom is the only entity with permission to export  gas out of the territory 
of the Russian Federation.57 Gazprom is 38.4% state -owned, with another 11.9% owned by 
companies controlled by the State.58 The remaining shares of Gazprom are privately owned. In 
2014, Gazprom produced 443.9 billion cubic meters of natural and associated gas, 14.5 million 
tonnes of condensate, and 35.3 million ton nes of oil. Gazprom accounts for 12% of the world's gas 
production.59 Gazprom also purchases gas from central Asian producers, and has a number of 
joint-ventures and prod uction -sharing agreements with central Asian producers."  
 
Initial EU Question 98  
Could the Russian Federation clarify whether, and under which conditions, third parties 
enjoy the right to use Oil Pipelines and Gas Transmission System for domestic and 
inter national transport? Could the Russian Federation confirm that it provides freedom 
of transit in energy products based on its WTO Accession commitments (ACC WP Report 
para. 1161). If yes, please provide the legal act which ensures freedom of transit for 
energy products.  
 
Russia' s answer  
According to A rticle 27 the Federal Law No. 69-FZ of 31 March 1999 "On gas supply in the Russian 
Federation " the organizations – owners of gas supply systems shall be obliged unless ot herwise is 
provided for by the L aw No. 69-FZ of 31 March 1999 "On gas supply in the Russian Federation " to 
provide non -discriminatory access to any organizations carrying out activities in the territory of the 
Russian Federation to free capacities of the gas transportation and gas distribution ne tworks 
belonging to them in the order prescribed by the Government of the Russian Federation. The gas 
intended for transportation by the mentioned organizations must satisfy the requirements 
approved in accordance with the order established by the Governme nt of the Russian Federation.  
As for oil pipelines the Rules on granting non -discriminatory access to the services of subjects of 
natural monopoly on transportation of oil (petroleum products) via main pipelines in the Russian 
Federation has been adopted by the Decision of the Government of the Russian Federation No. 218 
of 29 March 2011.  
 
These rules define the procedure for granting to persons carrying out activities in the territory of 
the Russian Federation non -discriminatory access to the services of subjects of natural monopoly 
on transportation of oil (petroleum products) via main pipelines for the purposes of consumption 
on domestic market of the Russian Federation and supply outside the territory of the Russian 
Federation.  
 
The matters related to the possibility of third parties to use oil pipelines and gas transmission 
system for international transit are also regulated by bilateral governmental agreements.  
Russia reiterates that GATT Article V does not cover transit through oil pipelines and gas 
transmission systems.  
 WT/TPR/M/345/Add.1  
 
- 355 - 
 
  Follow -up question 29  
Could the Russian Federation provide a list of agreements with third party operators 
governing third party access to use oil pipelines and gas transmission system for 
international transit, concluded in line wit h the legislative acts mentioned in the Russia's 
initial reply?  
 
Answer  
In accordance with the Provision on ensuring access of independent organizations to the gas 
transportation system of the open joint -stock company "Gazprom" approved by the Decree of 
Government of the Russian Federation dated 14 June 1997 No. 858 (hereinafter – Provision), any 
organization in the territory of the Russian Federation has the right of non -discriminatory access to 
the gas transportation system of PJSC Gazprom for the transp ortation of gas in order to supply gas 
to the consumers of the Russian Federation on the basis of contracts concluded between these 
organizations and PJSC Gazprom while complying with the conditions determined by the Provision.  
 
The conditions and the proc edure for the access to gas transmission system outside the Russian 
Federation are determined on the basis of contracts concluded by PJSC Gazprom with a 
corresponding company of a third state. These contracts are concluded between  the two 
commercial operat ors, they contain commerciall y sensitive information and can not be made 
available.  
 
Follow -up question 30  
Could the Russian Federation provide more detailed explanation why transit of oil and 
gas are not covered by GATT Art. V provisions? Does the Russian  Federation see any 
other provision of WTO which is not applied for gas and oil? If yes, could such a position 
be explained? Could the Russian Federation provide detailed explanation of its 
commitments described in paragraph 1161  of WTO Accession Working P arty Report, in 
particular, wording related to energy products, i.e. "… (including energy)… ". 
 
Answer  
We suggest to refer to the position of the Russian Federation expressed in the context of its 
accession to the WTO.  
 
10. Purchases by SOEs and SOEs and i nvestment projects with state financing and costs 
exceeding 10 billion rouble s 
 
Initial EU Question 53  
Russia introduced measures limiting purchases by State Owned Enterprises (SOE) of 
goods and machinery in their public procurements (by the Law 223/2011 a nd its 
amendments introduced by  Law 249/2015, Decree 1516/2015, Governmental orders 
2781/2015, 2744/2015 and 1521/2015). Does the Russian Federation consider these 
measures WTO compatible, and if so, on which basis?  
 
Russia's answer  
This question is simila r to the question No. 50. The Russian Federation considers these measures 
WTO compatible. First of all we would like to note that abovementioned legal acts relate to the 
investment projects with state financing and costs exceeding 10 billion rouble s. None of these legal 
acts impose any restrictions and preferential treatments. The purchases of certain types of 
machinery for the implementation of such projects may be subject to approval by the Government 
of the Russian Federation. These legal acts only regul ate procurement process within investment 
projects, selection rules of investment projects, and forming of list of machinery products procured 
within investment projects after authorization procedure by the Commission on import 
substitution.  
 
Follow -up que stion 31  
Does the Russian Federation consider that the obligation for purchases by SOEs and 
investment projects with state financing and costs exceeding 10 billion rouble s to be 
screened by the governmental Commission on import substitution and possibly in cluded 
into a registry WTO compatible? (given that this Commission may not give its agreement 
for certain machinery and equipment to be purchased abroad – this obligation stems 
from the legal acts mentioned in the initial question)?  WT/TPR/M/345/Add.1  
 
- 356 - 
 
  What are the criteria u sed by the Commission on import substitution to include those 
purchases into a registry and then to approve or not such purchases abroad?  
 
Answer  
The Russian Federation considers that the said scheme of procurement of certain types of 
machinery within the investments projects is WTO compatible on the following basis. First, we 
would like to repeat that the abovementioned legal acts do not impose any restrictions and 
preferential treatments. Second, these legal acts relate to the investment projects with sta te 
financing and costs exceeding 10 billion rouble s. Principally, these are projects in the public and 
defence  sectors and some of them are aimed at creation of infrastructural facilities for the 
governmental purposes.  
 
According to the second question we  would like to note that the Commission on import substitution 
does not make decision what type of machinery should be included into this registry. This registry 
is formed by the Government of the Russian Federation. The Commission on import substitution i s 
a coordinating body formed to ensure coordinated actions of federal government agencies, 
government agencies of subjects of the Russian Federation, municipal agencies and organizations.  
Therefore there is no any criteria used by the Commission on import  substitution to include those 
purchases into a registry and then to approve or not such purchases abroad.  
 
Initial EU Question 54  
The Federal Law 223 -FZ covers, on the one hand, purchases by entities covered by 
Article 1(2) of the Law, i.e. essentially S tate Owned Enterprises and, on the other hand, 
purchases by any entity using state funding for implementation of investment projects 
that are included in a specific registry (Articles 1(5) and 3.1 of the Law). With regard to 
purchases by SOEs, according to  Article 3 (8) of Law 223 -FZ, the government of the 
Russian Federation may determine priority for goods of Russian origin and for works and 
services performed or rendered by Russian persons. Could the Russian Federation 
explain how it ensures, in implement ing this provision, that imported products or 
foreign services are not treated less favourably than domestic products or services, or 
otherwise how it ensures the WTO consistency of such measures?  
 
Russia's answer  
We would like to note that to date there a re not any procurement by SOEs which has been carried 
out using the said provision of the Federal Law No. 223-FZ. Thus, the procurement activity of SOEs 
does not contradict any norms of the WTO law.  
 
Follow -up questio n 32 
Does the Russian Federation consid er that the said provision of the Federal Law No. 
223-FZ, should it be WTO incompatible from a legal point of view, is of no systemic 
importance, does not represent a threat and has no impact on the behaviour of economic 
operators?  
 
Answer  
The Russian Fede ration considers that all of the provisions of the Federal Law No. 223-FZ are WTO 
compatible.   
 
11. Small businesses, sole suppliers  
 
Initial EU Question 56  
Could the Russian Federation provide a definition of a 'small business' (for example 
using criteria  such as turnover, capital, staff) and indicate if it can be found in the 
relevant legal acts?  
 
Russia's answer  
The definition of "small and medium -sized businesses " can be found in the Federal Law No. 209-FZ 
dated 24 July 2007 "On the development of smal l and medium -sized enterprises in the Russian 
Federation". According the said Law the economic companies, economic partnerships, production 
cooperatives, consumer cooperatives, peasant farms and individual entrepreneurs registered in 
accordance with the Ru ssian legislation are considered as small and medium -sized businesses 
under the following conditions:  WT/TPR/M/345/Add.1  
 
- 357 - 
 
  1) as regards economic companies and economic partnerships, at least one of the following 
requirements shall be met:  
a. the aggregate share of participation of the Russian Federation, of subject of the 
Russian Federation, municipal entities, public and religious organizations 
(associations), charitable and other funds in the authorized capital of a limited 
liability company does not exceed 25 %. In addition, the a ggregate share of 
participation of foreign legal entities and/or of legal entities that are not small and 
medium businesses does not exceed 49 %; 
b. the stocks of a joint stock company that circulate in the organized securities 
market are referred to the stock s of the high -technology (innovative) economy 
sector in the procedure established by the Government of the Russian Federation;  
c. economic companies and economic partnerships have obtained the status of a 
project participant in compliance with Federal Law No. 244-FZ "On the Skolkovo 
Innovation Center "; 
d. the founders (participants) of economic companies and economic partnerships are 
the legal entities included in the list of legal entities rendering the state support to 
innovative activities.  
2) the staff for the previous calendar year of the economic companies and economic partnerships, 
production cooperatives, consumer cooperatives, peasant farms and individual entrepreneurs 
shall not exceed the following limit values:  
a. from 100 to 250 persons for medium businesse s; 
b. up to 100 persons for small businesses; for micro businesses - up to 15 persons.  
3) the incomes of the economic companies and economic partnerships, production cooperatives, 
consumer cooperatives, peasant farms and individual entrepreneurs shall not exceed  the limit 
values fixed by the Government of the Russian Federation for each category of small and 
medium businesses.  
 
Follow -up question 33  
How does the Russian Federation explain limitation mentioned above according to which 
the "the aggregate share of p articipation of foreign legal entities and/or of legal entities 
that are not small and medium businesses does not exceed 49 %"? Does the Russian 
Federation consider this limitation as WTO rules compatible?  
 
Answer  
In accordance with the Federal law of 24 Ju ly 2007 No. 209-FZ for the purpose of classification of 
economic societies, economic partnerships, production cooperatives, consumer cooperatives, 
peasant (farmer) farms and individual entrepreneurs to small and medium -sized entrepreneurship 
entities, the conditions stipulated under the mentioned law have to be fulfilled.  
 
For example, one of the conditions of attribution of the economic society or the economic 
partnership to a small or medium enterprise can be a condition in which the aggregate share of 
participation of foreign legal entities and (or) legal entities that are not entities of small and 
medium enterprise does not exceed forty -nine percent.  
 
Thus, the 49% requirement is not a restriction as such, but it is one of the determinants according 
to which the organization can be considered as a small or a medium enterprise.  
 
Initial EU Question 63  
Could the Russian federation provide an up -to-date list of these sole suppliers indicating 
the sector and the relevant products? Could the Russian Federation  clarify the conditions 
that must be met, in each case, for the companies to obtain the status of "sole 
supplier"? Can the Russian Federation provide relevant references to legal texts?  
 
Russia's answer  
The Federal Law No. 365-FZ dated 3 July 2016 provide the opportunities to form the list of sole 
suppliers of goods which production is created or modernizes and (or) being developed in the 
territory of the Russian Federation. However, to date the order on rules of forming of this list has 
not been adopted.  
The Government of the Russian Federation in accordance with the said Law has an ability to 
determine an investor of special investor project or other entity carried out creation or 
modernization and (or) development of products in the territory of the Russ ian Federation as a 
sole supplier under the following conditions:  WT/TPR/M/345/Add.1  
 
- 358 - 
 
  1)  The special investment contract is concluded by the Russian Federation (the Russian 
Federation with the subject of the Russian Federation and (or) municipal unit);  
2)  The volume of investment  within the special investment contract exceed 3 billion rouble s; 
3)  The production of good in the territory of the Russian Federation should be carried out by 
the Russian legal entity;  
4)  The country of origin of this good is the Russian Federation.  
 
Follow -up question 34  
The Russian Federation has not replied to the first part of the question: could the 
Russian federation provide an up -to-date list of these sole suppliers indicating the 
sector and the relevant products?  
 
Answer  
The Federal Law No. 365-FZ date d 3 July 2016 provides the opportunities to form the list of sole 
suppliers of goods which production is created or modernizes and (or) being developed in the 
territory of the Russian Federation. However, to date the order on rules of forming of this list has 
not been adopted. Therefore, the list of sole suppliers does not exist.  
 
Air transport  
Page 156, para 4.3.3.4  
 
Initial EU Question 104  
The EU notes that the system of Siberian overflight charges has not so far been 
"modernized" despite the fact that t he Agreement from 2011 between the European 
Commission and the Russian Government postulated adj ustments to be in force since 
1 January 2014.  
 
Russia's answer  
The Agreement between the European Commission and the Government of the Russian Federation 
of 201 1 provides not only the obligations of the Russian Federation, but also the obligation of the 
EU and its Member countries. In particular, parties should agree on the mutually acceptable 
measures that allow preserving the balance of rights on the bilateral agreements on air transport. 
In this regard, the Russian Federation is of the view that all matters regarding granting of traffic 
rights to the air carriers of parties should be resolved in the framework of negotiations between 
the aviation authorities of Russia and other countries. The Russian side is ready to such 
negotiations.  
 
EU follow up question 35  
The Agreed Principles of 2006, reaffirmed by the 2011 agreement referenced in the 
reply of the Russian authorities, removed the requirement for European air carriers to 
enter into commercial into commercial agreements with Russian air carriers on the 
Trans -Siberian routes. Moreover, any fees and charges levied for the use of such routes 
were to be cost -related, transparent and would not discriminate among non-Russian air 
carriers.  
Russia also continues to refuse the principle of EU designation in its bilateral air service 
agreements with a number of Member States, despite this having already been accepted 
in a number of agreements.  
 
Could the Russian Feder ation indicate what steps it proposes to take to implement in full 
the Agreed Principles?  
 
Answer  
The Agreed principles have to be implemented through the bilateral negotiations and bilateral 
arrangements between the Russian aviation authorities and the av iation authorities of the EU 
Member States.  
 WT/TPR/M/345/Add.1  
 
- 359 - 
 
  38  FOLLOW -UP QUESTIONS FROM MALAYSIA  
Improving Customs Administration  
 
Para 4.15  
 
A list of bona fide transport companies not required to comply with the customs transit measures 
was established within a framewo rk of an experiment (158 transport companies).  
 
Question 1  
Malaysia would like to seek further information on the selection criteria for the bona fide 
158 transport companies which are not required to comply with customs transit 
measures.  
Kindly clarify whether the 'experiment ' has been completed and what measures are 
being implemented based from the 'experiment ' conducted.  
 
Answer  
For the purpose of eliminating administrative barriers for bona fide participants of foreign 
economic activity, acceleration of passage of transportation vehicles at the border gates with 
preservation of necessary level of control by the customs authorities, the Federal Customs Service 
of Russia has decided to hold the experiment on forming the list of bona fide Russian transpor t 
companies that are allowed to transit and free of customs fees and duties.  
The abovementioned experiment is being held from November 2013 and it is not completed yet.  
If the transport company wants to be included to such list it should comply with the re quirements 
of the Federal Customs Service of Russia.  
The main requirements are the following:  
  final owner of the transport company is the Russian person,  
  finance stability of the company,  
  experience with transportation of goods in accordance to the pr ocedure of customs transit 
is required,  
  the vehicle fleet is required. All the vehicles shall be equipped for transportations under 
customs seals and stamps,  
  non-existence of violations of the customs legislation in respect of transportation of goods,  
  possibility to immediate impose measures on debt collection (in case of debt), including 
through the company 's property.  
 
Para 4.2. Improving Customs Administration  
 
Steps are currently being taken to stimulate foreign trade activities, to expedite custo ms 
formalities and to reduce the release time for goods, including through removal of redundant 
barriers in customs regulations, a simplification of customs procedures and a reduction of required 
time for customs formalities.  
Malaysia would like to seek f urther clarity on the steps undertaken on the customs 
related matters as to the products related and would the goods inspection and 
procedures include food inspection and certification procedures.  
 
Answer  
There was a range of measures undertaken to facilit ate and accelerate the customs procedures 
among which are  the following.  
1. The mandatory submission of prior notifications to customs authorities was introduced regarding 
the goods to be imported on the territory of the Eurasian Economic Union by road an d by railway.  
Additionally the pilot projects were organized for goods to be imported through seaports and by 
air. 
The development of prior notifications induced the reduction of time for performance of customs 
control:  
a) by road it amounted to 21 minutes i n 2015,  reduced to 18 minutes in the first half of 2016;  
b) by railroad it reduced from 3 hours 20 minutes to 2 hours;  
c) by air it reduced from 2 hours and 15 minutes to 1 hour and 30 minutes.  
Due to the development and implementation of Seaport portal which pr ovides for the informational 
interaction between the respective governmental bodies and foreign trade participants the time of 
performance of customs control was reduced to 6 days in 2015 in comparison with 2013 – 10 days 
and 2014 -7 day.  WT/TPR/M/345/Add.1  
 
- 360 - 
 
  2. Nowadays over 99 % of customs declarations are submitted electronically. Mandatory electronic 
declaration of goods facilitated to insert a range of  new perspective technologies.  
3. The foreign trade participants are provided with the possibility to release goods on dist ance. It 
means that the declaration can be  submitted at one customs point while the goods a re located at 
another one. 23,5%  (663, 020 units) of the total amou nt of submitted declarations (2,815, 777 
units) were subject to declarations on distance from Januar y till September 2016 .  
4. The customs authorities reduced the number of document (from 20 to 6) to be submitted for 
customs declaration.  
The customs authorities are planning to decrease the amount of governmental officials inspecting 
the consignments at the checkpoints to 2 official representatives (a border guard and customs 
officer). The veterinary, sanitary or phytosanitary control is expected to be performed based on 
risk management system by means of the electronic interaction between customs authori ties, 
Rospotrebnadzor, Rosselhoznadzor.  
 
Report by the Secretariat  
 
Para 2.46  
 
Some investment privileges are also granted in the context of the Auto Investment Programme 
(established to attract investment in the automotive industry) and agreements conclud ed under 
this programme. The Russian Federation has confirmed that it will eliminate the WTO -inconsistent 
measures applied under the Auto Investment Programme by 1 July 2018, and engage in 
consultations with interested WTO Members by no later than 1 July 2 016 (Section 4.4.3.) .  
 
Question 2  
Malaysia request deliberation as to how the status/progress in eliminating WTO -
inconsistent measures applied under the said programme (which is designed to attract 
investment in the automotive industry).  
 
Answer  
As it wa s agreed in para. 1090 of the Report of the Working Party on the Accession of the Russian 
Federation to the World Trade Organization all WTO -inconsistent measures applied pursuant to 
Auto Investment Program shall be eliminated by 1 July 2018.  
 
Potential me asures which could replace the WTO -inconsistent measures applied pursuant to Auto 
Investment Program me are under consideration. In July 2016The Russian Federation has indicated 
its willingness to hold consultations with the interested WTO Members on such f uture measures.  
 
Para 3.1.5  
 
We note that Russia imposes customs clearance fees and charges for customs escort and storage. 
Malaysia seeks further information on the uptake rate for Customs Escort in terms of quantity/data 
on movement of goods transported  into/ throughout Russia.  
 
Para 3.178  
 
For procurement by SOEs, regulated entities, monopoly entities, and utilities companies, the main 
law is the Law No. 223-FZ of 18 July 2011 "On Purchases of Goods, Works and Services by Certain 
Types of Legal Entitie s". These procuring entities set their own procurement requirements and 
methods. Local content requirements are not strictly regulated in the Law and these entities are 
free to set their own requirements. Currently there are around 80,000 such procuring en tities 
registered. For procurement by military entities, the Law No. 275-FZ of 29 De cember 2012 "On the 
State Defence  Order" applies.  
 
Question  
Seek further explanation on the procurement method set by SOEs, regulated entities, 
monopoly entities and utilit ies companies as well as whether the need to be endorsed by 
any federal government agency.  
 
Answer  
To date the Federal Law No. 223-FZ does not contain the list of procurement methods, which can 
be used by SOEs, regulated entities, monopoly entities and uti lities companies. These entities can WT/TPR/M/345/Add.1  
 
- 361 - 
 
  choose any procurement method. The Law does not require endorsement of the chosen method by 
any federal government agency.  
 
However, there are plans to unify the procurement requirements and methods of these entities.  
 
The draft law concerning this issue is drawn up. This draft contains the following measures:  
  introducing an exhaustive list of methods of procurement by the certain types of legal 
entities;  
  setting requirements to awarding of contracts, its amendments and termination;  
  determination of a limited number of cases for refusal to award a contract;  
  conducting all competitive methods of procurement on electronic platforms identified 
pursuant the Federal Law No. 44-FZ. 
 
Para 3.183  
 
With regard to efficiency a nd professionalism, the law requires that procuring officials be trained to 
be competent and professional in carrying out procurement. Qualified experts with theoretical 
knowledge and skills in the field of government procurement may be involved in the org anization 
of procurement activities. Procuring entities may also authorize procuring agencies to carry out 
procurements on their behalf. Procurements can be conducted either in a centralized or 
decentralized manner, subject to the decision of the procuring  entity.  
 
Question  
Seek clarification whether certification or accreditation from any professional 
procurement body such as the UNDP -Chartered Institute of Procurement and Supply 
(CIPS) is mandatory by the Russian Federation.  
 
Answer  
The certification or a ccreditation from any professional procurement body such as the UNDP -
Chartered Institute of Procurement and Supply (CIPS) is not mandatory according to the Russian 
legislation.  
 
Para 3.189  
 
Procurement methods can be classified into two general categories in terms of the extent of 
competition in the procurement: competitive methods; and single -supplier methods. Competitive 
methods include tendering (open tendering, tendering with limited participation, two stage 
tendering, closed tendering, closed tendering  with limited participation and closed two stage 
tendering), auctions (electronic auction and closed auction), request for quotations, and request 
for proposals (Table 3.33). In tendering, the supplier that has offered the best contract conditions 
will be awarded the contract. In an auction, the supplier that has offered the lowest price will win 
the contract.  
 
Question  
Please explain the difference between two -stage tendering, tendering with limited 
participation and also Request for Proposal in the procu rement method.  
 
Answer  
A two -stage tender means that during the first stage participants are obliged to submit an initial 
proposal for the procurement object without specifying proposals for the contract price. The tender 
commission will discuss the propos als with participants at the first stage and the procuring entity 
can specify procurement conditions based on the results of discussion at this stage. 
Prequalification of suppliers is also done at the first stage. In the second stage, qualified suppliers 
will submit a final  proposal with the contract price.  
 
A tender with limited participation is similar to open tender but only pre -qualified suppliers are 
considered in the tender.  
 
Request for proposal means procurement method provided that a procuring enti ty is announced to 
an unlimited number of suppliers by publishing a notice of request for proposal in the unified 
information system. The winner is the participant that offered the proposal that best meets the 
needs of a procuring entity.  WT/TPR/M/345/Add.1  
 
- 362 - 
 
  Para 3.156  
 
The d egree of state ownership varies from one sector to another. One report estimated that, in 
2012, state ownership represented 73% of the transport sector, 45% of oil and gas, 35% of 
utilities, 15% of machinery, and 14% of telecoms. More recently, the OECD st ated that the 
banking sector is dominated by stated -owned banks: the Central Bank of Russia is the majority 
shareholder in Sberbank, which, in 2012, accounted for almost half of retail deposits and one third 
of bank assets, although its share was declining . 
According to the IMF, as at October 2013, the public sector included 31,092 public corporations 
which included 22,440 unitary enterprises, 308 state corporations (11 financial and 297 non -
financial), and 8,344 joint stock companies. There were 10,799 oth er, unspecified government -
controlled entities included in the official statistical register of the Federal Statistics Service.  
 
Questions  
Despite the mass privatization in Russia since 1993, the government still holds a 
significant number of shares in man y Russian enterprises. Some of the enterprises are 
engaged fully in commercial activities such as banking and machinery. Could Russia 
elaborate on the rationale of government holds shares commercial companies as well as 
are these companies also mandated to  provide developmental support?  
 
Can Russia, as having a substantial number of SOEs explain on the mechanism to ensure 
the SOEs act in the public interest at all times. As well as further clarification on whether 
there is any independent agency or governm ent agency overseeing the performance and 
operation of the SOEs.  
 
Answer  
There is no specific regulatory framework governing the activity of state owned enterprises 
(SOEs). All SOEs are subject to general legislation of the Russian Federation applicable eq ually to 
all economic operators. In particular, SOEs abide by the competition law, ensuring level playing 
field for all market participants. Natural monopolies like those engaged in transportation of gas or 
public utilities may be subject also to specific legislation.  
 
Federal Antimonopoly Service of the Russian Federation (FAS Russia) is an independent 
government authority directly subordinated to the Government of the Russian Federation 
performing inter alia the function of protection of competition and anti-monopoly regulation and 
control over the distribution on a competitive basis of ownership, resources and rights oversees as 
well the compatibility of activities performed by SOEs with anti -trust legislation.  
 
 
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