Foreign Economic Activity Lawyer - free course from the Russian School of Management, training, date: December 7, 2023.
Miscellaneous / / December 09, 2023
Legal regulation of exports: minimizing risks
• Start of export activities in the company. Regulation of foreign trade activities of the company department. Process and work under a foreign economic contract. Interaction with third-party partners (law firms, carriers, logistics companies, etc.).
• Geographical and legal features of import and export. Regulation of exports from Russia to the EU and EAEU. Legislative and other regulatory support for export activities. How to choose countries for export, features of foreign law.
• Opening an enterprise in the European Union as a form of foreign economic activity. Freedom of movement of companies in the EU. Establishment and relocation. Taxation. Reports and checks. Choice of European jurisdiction. EU Directives in the field of corporate law, features of action. Russian legal entities in the EU. Capital of joint stock companies and financial statements of companies. Standards for corporations in the EU. Invalidity of a company in the EU. One person companies in the EU. Supranational companies. Legal nature of a supranational company in the EU. European cooperative. European Economic Interest Grouping (EEIG).
• Foreign economic activity and responsibility. Civil, administrative or criminal liability. Typical mistakes. Minimization strategies. Penalties in relation to taxation. Penalties in currency legislation. Penalties in customs legislation.
Foreign economic transactions and foreign economic disputes
• The basis of the lesson is provisions on the peculiarities of regulation of foreign economic transactions, the procedure for choosing a jurisdiction and the choice foreign law to be applied, the specifics of resolving foreign economic disputes, as well as the importance of legal audit in international transactions.
Customs clearance of goods in the Eurasian Economic Union
• Customs clearance of goods during import and export: what you need to be prepared for at each stage
• Terms of customs legislation
• The essence of the customs clearance process
• Participants in the customs clearance process
• Legislatively established algorithm for customs clearance for import and export (characteristics of each stage)
• Specifics and pitfalls of customs clearance of goods in the EAEU
• What you need to know about customs control
• Principles of customs control
• Controlled objects
• General characteristics of the customs Risk Management System
• Subject-oriented risk management model and the practice of its application
• Risk categorization of foreign trade participants: how to get into the green sector
• Problems and risks of foreign trade participants in the process of passing customs control
• Results of customs control for 2018: trends and prospects
• Responsibility for violation of customs rules
• Administrative offenses, the proceedings for which fall within the competence of the customs authorities of the Russian Federation
• Trends in the field of law enforcement activities of customs authorities
• General characteristics of types of administrative offenses in the field of customs affairs
• Specific norms of customs legislation, the violation of which forms the objective side of the administrative act
• Persons held accountable for violation of customs rules
• Types of punishments for NTP
• How to prepare for customs clearance
• Customs clearance upon import: 14 steps for the importer
• Preparation of documents before delivery: complete list
• Customs clearance of imports: independently or with an intermediary (pros and cons of working with a broker)
• Clear indications for independent customs clearance
• Four models of independent customs clearance (advantages and disadvantages)
• Differences in the importer's cost structure using each of the four models.
• Customs brokers: “white”, “gray” and “black”. How not to make a mistake in choosing? (what a foreign trade participant should know)
• Who is a customs broker and how is he useful in the customs clearance process.
• Types of services provided by a customs representative
• Three customs clearance schemes: “white”, “gray” and “black”
• Three categories of brokerage companies
• Consequences of working with “colored” brokers
• How to distinguish a “colored” customs broker from a legally operating one?
• Schemes of work of “white” brokers
• Limits of responsibility of a customs broker
• Advantages of working with an official broker
• How to choose a customs representative company?
• What is the HS code and where can I get it?
• Three key questions when preparing for customs clearance
• HS Code: essence and functions
• Main trends in resolving disputes between participants in foreign trade activities and customs authorities according to the Commodity Nomenclature of Foreign Economic Activity code
• What do you need to know about the rules for declaring the HS code when declaring?
• Responsibility of the declarant for the declaration of the HS code during customs declaration and the consequences of errors in this matter
• Seven ways to determine the HS code. Their advantages and disadvantages.
• Determining the country of origin of the product: what it is and why it is needed
• Country of origin, country of origin and country of origin
• Why is it necessary to determine the country of origin of goods (explained with examples)
• 2 groups of rules for determining the country of origin of goods imported into the EAEU: preferential rules
• Documentary confirmation of the origin of goods during customs declaration of imports
• Issues of providing the original certificate of origin when submitting a declaration of goods remotely
• Procedure for obtaining a certificate of origin when exporting from the Russian Federation: procedure
• What is important to know about prohibitions and restrictions on foreign trade activities
• System of bans and restrictions on foreign trade in force in the EAEU
• Lists of goods subject to import/export bans or restrictions
• Rules for licensing and quotas for foreign trade
• The procedure for customs clearance of licensed and quota goods
• Customs declaration of goods subject to export control
• Permitting procedure for import and export of goods
• Grounds for the release of goods subject to measures of technical regulation of foreign trade
• Sanitary, veterinary-sanitary and quarantine phytosanitary measures and the procedure for the import and export of goods to which they apply
• Requirements for radiation safety of goods crossing the border of the EAEU
• Documents required for customs clearance of import and export
• Preparation of documents for company registration at customs
• List of documents for customs declaration
• Preparing transport documents: filling out the CMR
• Commercial invoice and proforma invoice: scope, rules for filling and verification
• Preparing a packing list
• Contract and application requirements. Unique contract number
• Competent technical description of the goods for customs
• Money orders.
• Additional documents for import
• Documents confirming customs value
• Documents confirming compliance of product characteristics with the requirements of technical regulations
• Main costs at the stage of customs clearance of cargo and legal ways to reduce them
• General list of your costs at the customs clearance stage
• Customs payments as the main component of the importer’s costs
• Legal ways to reduce the amount of customs duties
• Optimization of costs for payment for temporary storage warehouse services
• Costs of paying for the services of a customs representative
• How to save on the certification procedure and obtain a certificate of conformity in Russia
• Other categories of expenses
• What you need to know about the customs value of goods
• Customs payments for import and export: types of rates and methods for calculating amounts
• Initial data for calculations: customs value
• Six methods for determining customs value for imports
• Conditions for applying the main method of determining customs value
• Technology for determining customs value using 1 method
• Current issues of declaring customs value
• What to do if an error occurred when declaring the value
• The most typical mistakes made by declarants when declaring customs value
• Control of customs value by customs authorities: risks of participants in foreign trade activities
• Adjustment of customs value and its consequences for the importer
• Specifics of adjusting customs value at various customs posts
• Prevention of unexpected expenses at the stage of customs declaration
• Checking the value after the release of goods: what can a foreign trade participant expect?
• Main risks of customs clearance and their prevention
• Risk one - control of customs value according to benchmarks established by the Federal Customs Service
• The risk of disagreement of customs authorities with the classification of goods in accordance with the Commodity Classification of Foreign Economic Activity of the EAEU
• Inspection of goods by border services
• Inspection of goods with unloading
• Inconsistency of the data declared in the DT with the data established during customs inspection
• Lack of permits for the goods
• How to organize the process of importing cargo in such a way as to avoid gross mistakes: step-by-step instructions
Customs clearance of goods in the Eurasian Economic Union
• Subtleties of customs clearance of goods in the EAEU: what you need to know about the process
• Basic terms of customs legislation.
• Brief description of the stages of customs clearance.
• Step-by-step algorithm of actions of the declarant-importer in the process of customs clearance of cargo (description, explanation, and recommendations).
• Listing the main typical “customs” problems of foreign trade participants.
• Consideration of the five most common problems of foreign trade participants.
• Recommendations for their prevention.
• What needs to be taken into account in the contract with the customs representative
• Types of services provided by a customs representative-broker (basic and additional).
• Reasons for the ineffectiveness of cooperation with a customs representative company
• Three “categories” of customs representative companies.
• Possible inconveniences of working with customs representatives.
• Reasons that determine the operating strategy of each “category”.
• Standard terms of agreement with a customs representative.
• What conditions must be included in the contract to force the customs representative to act in your interests.
• Tariff agreement issues related to the contract.
• Documents for customs declaration of cargo: what you need to pay attention to
• General information about the customs declaration process.
• Documents required for customs declaration.
• What needs to be taken into account when preparing each group of documents.
• A package of documents has been created: what needs to be checked.
• Preparation and submission of DT.
• Grounds for refusal to register DT by customs authorities.
• How to avoid refusal to register a motor vehicle
• HS code: principles of classification of goods of various categories
• What is the Commodity Nomenclature of Foreign Economic Activity?
• What is the classification of goods for customs purposes?
• What is the result of classification of goods?
• Why is it important not to make mistakes when classifying a particular product (using the example of importing children's toys)?
• The process of declaration of the code by the declarant and its verification by the inspector.
• Composition and structure of the EAEU Commodity Nomenclature for Foreign Economic Activity.
• Principles of construction of the EAEU Commodity Nomenclature for Foreign Economic Activity.
• Principles of classification of goods in accordance with the Commodity Nomenclature of Foreign Economic Activity of the EAEU (using specific examples).
• Basic Rule of Interpretation
• Workshop: independent classification of goods according to the Commodity Classification of Foreign Economic Activity of the EAEU - from simple to complex
• Technology for classifying goods in accordance with the EAEU Commodity Nomenclature for Foreign Economic Activity.
• Documents required to confirm the declared EAEU HS code.
• Development of classification principles using the example of an exported batch of wheat.
• Consequences of violation of classification principles using the example of the import of circus elephants.
• Classification of children's plastic bracelet: how to resolve the conflict between three product items.
• Difficult case: classification of wine set.
• How to avoid mistakes when classifying: some practical tips.
• Rules for determining, declaring and confirming the country of origin of a product: how to use them and why they are needed
• Country of origin (CPO), country of origin and country of origin.
• Situations in which the country of origin of the goods is important.
• Application of import customs duty rates depending on the SPT.
• Application of bans and restrictions on the import of goods into the EAEU depending on the TTP.
• Public procurement in Russia: national regime.
• Rules for determining the origin of goods: preferential and non-preferential.
• Confirmation of the origin of goods: what is needed for this and what problems may arise.
• Requirements for documents confirming SPT.
• The risk of customs authorities disagreeing with the declared HS code and/or country of origin of the goods: what can be done
• Risks of participants in foreign trade activities associated with the HS code or the country of origin of goods.
• Results of customs control of the correct classification and origin of goods for 2018
• The risk of customs authorities disagreeing with the declared HS code: what can be done.
• Pros and cons of obtaining a preliminary decision on the classification of goods.
• How do I get a preliminary classification decision?
• The procedure for preparing and submitting an application for a preliminary decision (step-by-step algorithm). Grounds for refusal to consider it.
• The risk of non-acceptance by customs authorities of the country of origin of goods declared by the declarant: what can be done and what is important to take into account.
• Selecting a customs procedure (regime) as a way to optimize the costs of a foreign trade participant
• Economic and legal essence of customs procedures and their types.
• Why is it important to choose the right customs procedure?
• Standard structure of customs procedures.
• Basic information about customs payments.
• Cases for which it is optimal to use each of the 17 customs procedures.
• Advantages and disadvantages of each of the 17 customs procedures.
• Application of customs duties in 17 customs procedures: when placing goods under a customs procedure and when changing it to another (specific situations with examples of calculations).
• Customs duties and related costs: how to save without breaking the law
• List of costs of a foreign trade participant during import and export.
• Customs duties: concept, types (types of payments levied upon import and export.
• Calculation of the amount of customs duties payable upon import (legislation, rates, formulas, step-by-step calculation algorithm using the example of goods of various categories, including excise ones).
• Calculation of the amount of customs duties payable upon export (legislation, rates, formulas, step-by-step calculation algorithm using the example of exporting a batch of rapeseed).
• Description of existing ways to legally reduce the amount of customs duties payable.
• Procedure and terms for payment of customs duties.
• Methods of paying customs duties (through the unified tax system of a foreign trade participant or to a specific customs office).
• Rules for filling out payment orders (what to pay attention to to avoid troubles).
• Refund of overpaid funds (step-by-step algorithm).
• Customs value of goods as the basis for calculating the amounts of customs duties: everything you need to know
• Four cases, according to current legislation, when customs value is determined.
• Structure and essence of customs value.
• Customs value of imported goods: transaction price as the basis of customs value.
• General characteristics of Incoterms 2010 and the terms of delivery included in it.
• Contract price components depending on Incoterms 2010 delivery terms.
• Methods for determining the customs value of imported goods: first and sixth.
• Determination of the customs value using the first method: examples of specific supplies with calculations.
• Application of the sixth method for free supplies. Types of free supplies.
• Documents confirming the customs value upon declaration.
• Customs value control: what you need to be prepared for
• Customs value control procedure.
• Additional verification by customs authorities of the declared customs value: request for additional documents (positive and negative scenario)
• Adjustment of customs value: conditional and final.
• Reasons and mechanism for adjusting customs value.
• Cost risks: what you need to know about them.
• Consequences of CCC for the importer.
• Specifics of adjusting customs value in various customs authorities of Russia: trends.
• Appealing decisions of customs authorities to adjust customs value.
• Recommendations.
• Workshop. 1. We calculate the amount of customs value and the amount of customs payments, taking into account benefits and preferences. 2. Fill out the payment block DT
• Customs payments: legal regulation and calculation formulas.
• Rules for working with diesel fuel.
• Payment block DT and columns in which information on customs value is declared.
• Customs value and customs payments: definition, calculation and indication in the customs declaration (using the example of six different imports and exports).
• What to do if customs is wrong. We draw up a complaint to a higher customs authority
• Advantages of departmental appeal.
• Determination of the subject of the appeal. The interests of a participant in foreign trade activities, which may be violated by the decision, actions or inaction of customs officials.
• Where to file a complaint.
• Who can act as an applicant. Confirmation of authority.
• Form and deadline for filing a complaint.
• Time frame for consideration of the complaint and expected result.
• Grounds for refusal to consider a complaint.
• Analysis of the dynamics of the number of complaints filed in 2018: trends in the results of appeals.
• Typical mistakes leading to refusal to consider a complaint.
• Making a complaint: practical task.
Practice of business and trade with China
• Search for goods, select a supplier and conclude a contract.
• Sources of information about goods, services, suppliers and customers in China.
• Possible risks and undesirable situations. Methodology for checking the reliability of Chinese partners.
• Enterprise audit – conditions, cost, terms; sample audit report.
• Negotiations on the terms of the deal. Mental characteristics of Chinese partners.
• Conclusion of an agreement. Basic provisions of a foreign trade contract. What you should pay attention to when preparing a contract with a Chinese partner.
• Factors influencing the pricing of Chinese goods (decrease/increase in VAT refund in China and its impact on the cost of goods, changes in the dollar-yuan exchange rate, changes in the price of raw materials, materials, labor force).
• Payment terms and delivery times. How to choose the optimal and safe method of payment for goods. Possible risks and ways to reduce them.
• Use of a letter of credit to reduce financial risks, as well as as a mechanism for monitoring compliance with delivery terms. Practical analysis of the letter of credit form.
• Features of arbitration disputes with Chinese partners on the territory of China, on the territory of Russia, on the territory of third countries.
• Placement and control of order fulfillment.
• National holidays and their consideration when placing orders.
• General and special requirements for order execution, production to order and under the brand.
• Copying as a feature of the work of Chinese manufacturers. Issues of intellectual property protection.
• Monitoring the process and timing of order fulfillment.
• Export packaging and labeling of cargo, stickers, shipping documents.
• Conducting independent inspection of manufactured goods prior to shipment. Types of inspection, cost, conditions, timing.
• Workshop: Analysis of typical errors in the preparation of shipping documents by Chinese suppliers.
• Delivery and customs clearance of Chinese goods.
• Selection of the optimal supply basis and method of delivery of goods.
• The sea route as the most frequently used: cost, price dynamics, which affects pricing; shipping lines, types of services, forwarders; what to look for when booking transportation to avoid additional costs.
• Railroad delivery: main carriers, cost and calculation, terms, conditions.
• Air delivery: cost and calculation, terms, conditions.
• Features of customs clearance of goods of Chinese origin. Tariff preferences.
• Methods for calculating customs value. Requirements for documents to confirm the customs value of goods.
• Customs payments – the procedure for calculation, payment and return.
• Non-tariff regulation measures in relation to Chinese goods (licensing, certification, state registration and other permitting documents).
• Workshop: Calculation of customs duties on Chinese goods taking into account current risk profiles.
• Features of export to China.
• China as the largest importer.
• Structure of Russian-Chinese trade turnover.
• Promising directions for expanding Russian exports.
• Trade restrictions in place.
• Features of customs and tariff regulation when importing to China.
• Features of customs procedures when importing to China.
• Non-tariff measures and technical regulation.
• Monetary and financial regulations for imports to China.
• Practical procedures for accessing the Chinese market.
• Taxation of foreign companies in China.