WT/acc/rus/70 wt/min(11)/2

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Laws, Regulations and Other Information Provided to the Working Party by the Russian Federation
Framework for making and enforcing policies
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CONCLUSIONS
  1. The Working Party took note of the explanations and statements of the Russian Federation concerning its foreign trade regime, as reflected in this Report. The Working Party took note of the commitments by the Russian Federation in relation to certain specific matters which are reproduced in paragraphs , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , and . The Working Party took note that these commitments had been incorporated in paragraph 2 of the Protocol of Accession of the Russian Federation to the WTO.
  2. Having carried out the examination of the foreign trade regime of the Russian Federation and in the light of the explanations, commitments and concessions made by the representative of the Russian Federation, the Working Party reached the conclusion that the Russian Federation be invited to accede to the Marrakesh Agreement Establishing the WTO under the provisions of Article XII. For this purpose, the Working Party has prepared the draft Decision and Protocol of Accession reproduced in the Appendix to this Report, and takes note of the Russian Federation's Schedule of Concessions and Commitments on Goods (document WT/ACC/RUS/70/Add.1) and its Schedule of Specific Commitments on Services (document WT/ACC/RUS/70/Add.2) that are annexed to the Protocol. It is proposed that these texts be adopted by the Eighth WTO Ministerial Conference, 15 17 December 2011, when it adopts the Report. When the Decision is adopted, the Protocol of Accession would be open for acceptance by the Russian Federation which would become a Member 30 days after it accepts the said Protocol. The Working Party agreed, therefore, that it had completed its work concerning the negotiations for the accession of the Russian Federation to the Marrakesh Agreement Establishing the WTO.



ANNEX 1

Laws, Regulations and Other Information Provided to the Working Party by the Russian Federation13

- Fiscal and Monetary Policies
  1. Customs Code of the Russian Federation of 28 May 2003 No. 61-FZ (as last amended on 30 October 2007);
  2. Tax Code of the Russian Federation – Part One No. 146-FZ of 31 July 1998 (as amended on 17 May 2007) and Part Two No. 117-FZ of 5 August 2000 (as amended on 4 December 2007);
  3. Federal Law No. 55-FZ of 30 April 2008 "On Amending Certain Legislative Acts of the Russian Federation in Connection with Adoption of the Federal Law "On Additional Insurance Premiums for the Accumulative Part of the Labour Pension and the State Support to Pension Savings' Forming";
  4. Federal Law No. 63-FZ of 26 April 2007 "On Amending the Budget Code of the Russian Federation, as Regards the Regulation of Budgetary Process, and on Bringing Some Legislative Acts of the Russian Federation into Accord with the Budgetary Legislation of the Russian Federation (as amended on 1 December 2007);
  5. Federal Law No. 240-FZ of 30 October 2007 "On Amending the Federal Law "On Special Economic Zones in the Russian Federation and Individual Legislative Acts of the Russian Federation";
  6. Federal Law No. 332-FZ of 4 December 2007 "On the Introduction of Amendments to Particular Legislative Acts of the Russian Federation for the Purpose of Improving of the Use of Air Space";
  7. Federal Law No. 333-FZ of 6 December 2007 "On Amending the Federal Law "On Fishing and Preservation of Aquatic Biological Resources and Some Legislative Acts of the Russian Federation";
  8. Resolution of the Government of the Russian Federation No. 506 of 30 September 2004 "On the Approval of the Regulations on the Federal Tax Service" (as amended on 22 February 2008);
  9. Federal Law No. 86-FZ of 10 July 2002 "On the Central Bank of the Russian Federation (the Bank of Russia)" (as amended on 26 April 2007);
  10. Resolution of the Government of the Russian Federation No. 116 of 22 February 2008 "On Amending the Regulations on the Federal Tax Service";

- Foreign Exchange and Payments System
  1. Federal Law No. 58-FZ of 29 April 2008 "On Amending Certain Legislative Acts of the Russian Federation and Declaring Invalidated Certain Provisions of Legislative Acts of the Russian Federation in Connection with Adoption of the Federal Law "On the Procedure for Making Foreign Investments into Economic Companies Which are of Strategic Importance for Ensuring the Country's Defence Capacity and State Security";
  2. Federal Law No. 242-FZ of 30 October 2007 "On Amending Article 12 of the Federal Law 'On Currency Regulation and Currency Control'";
  3. Federal Law No. 58-FZ of 29 June 2004 "On the Introduction of Amendments to Some Legislative Acts of the Russian Federation in Connection with the Realization of Measures to Improve State Administration" (as amended on 2 October 2007);
  4. Federal Law No. 164-FZ of 8 December 2003 "On the Fundamental Principles of State Regulation of Foreign Trade Activity" (as amended on 2 February 2006);
  5. Federal Law No. 173-FZ of 10 December 2003 "On Currency Regulation and Currency Control" (as amended on 30 October 2007);
  6. Federal Law No. 193-FZ of 21 December 2002 "On Declaring as no Longer Valid Some Legislative Acts of the Russian Federation on the Tax on Purchase of Foreign Banknotes and Foreign Currency-Denominated Payment Documents";
  7. Federal Law No. 39-FZ of 25 February 1999 "On Investment Activity in the Russian Federation Pursued in the Form of Capital Investments" (as amended on 24 July 2007);
  8. Federal Law No. 160-FZ of 9 July 1999 "On Foreign Investment in the Russian Federation" (as amended on 29 April 2008);
  9. Direction of the Central Bank of Russia No. 1676-U of 29 March 2006 "On Amending Instructions of the Bank of Russia No. 111-I of 20 March 2004 'On the Obligatory Sale of Part of Currency Receipts on the Internal Currency Market of the Russian Federation'";
  10. Direction of the Central Bank of Russia No. 1688-U of 29 May 2006 "On the Repeal of the Requirement for Compulsory Use of Special Accounts during Foreign Currency Operations and on the Invalidation of Particular Normative Acts of the Central Bank of Russia";
  11. Direction of the Central Bank of Russia No. 1388-U of 26 February 2004 "On the Adjustment of Acts of the Bank of Russia";
  12. Direction of the Central Bank of Russia No. 1394-U of 18 March 2004 "On the Invalidation of Direction of the Bank of Russia No. 1223-U of 17 December 2002 'On the Peculiarities of the Purchase of Foreign Currency by Resident Legal Entities for the Currency of the Russian Federation on the Internal Currency Market of the Russian Federation for the Purpose of Making Payments Under Agreements on the Import of Goods into the Russian Federation'";
  13. Direction of the Central Bank of Russia No. 1520-U of 26 November 2004 "On Amending Instructions of the Bank of Russia No. 111-I of 30 March 2004 'On the Obligatory Sale of Part of Currency Receipts on the Internal Currency Market of the Russian Federation'";
  14. Direction of the Central Bank of Russia No. 1317-U of 7 August 2003 "On the Procedure for the Establishment by Authorised Banks of Correspondent Relations with Non-Resident Banks Registered in States and on Territories Granting a Privileged Tax Regime and/or not Stipulating the Disclosure and Furnishing of Information in the Conduct of Financial Operations (in Offshore Zones)" (as amended on 27 December 2006);

- Investment Regime
  1. Civil Code of the Russian Federation – Part One No. 51-FZ of 30 November 1994 (as amended on 6 December 2007), Part Two No. 14-FZ of 26 January 1996 (as amended on 6 December 2007), Part Three No. 146-FZ of 26 November 2001 (as amended on 29 April 2008), Part Four No. 230-FZ of 18 December 2006 (as amended on 1 December 2007);
  2. Land Code of the Russian Federation No. 136-FZ of 25 October 2001 (as amended on 8 November 2007);
  3. Federal Law No. 55-FZ of 30 April 2008 "On Amending Certain Legislative Acts of the Russian Federation in Connection with Adoption of the Federal Law "On Additional Insurance Premiums for the Accumulative Part of the Labour Pension and the State Support to Pension Savings' Forming";
  4. Federal Law No. 58-FZ of 29 April 2008 "On Amending Certain Legislative Acts of the Russian Federation and Declaring Invalidated Certain Provisions of Legislation Acts of the Russian Federation in Connection with Adoption of the Federal Law 'On the Procedure for Making Foreign Investments into Economic Companies which are of Strategic Importance for Ensuring the Country's Defence Capacity and State Security'";
  5. Federal Law No. 57-FZ of 29 April 2008 "On the Order of Investing by Foreign Persons in Companies having Strategic Importance for Ensuring of the Defence of the Country and the Security of the State";
  6. Federal Law No. 332-FZ of 4 December 2007 "On the Introduction of Amendments to Particular Legislative Acts of the Russian Federation for the Purpose of Improving of the use of Air Space";
  7. Federal Law No. 334-FZ of 6 December 2007 "On Amending the Federal Law 'On Investment Funds/Trusts and Some Legislative Acts of the Russian Federation'";
  8. Federal Law No. 215-FZ of 24 July 2007 "On amending the Town-building Code of the Russian Federation and Certain Legislative Acts of the Russian Federation" (as amended on 1 December 2007);
  9. Federal Law No. 19-FZ of 2 February 2006 "On Amending Certain Legislative Acts of the Russian Federation and Declaring Invalidated Certain Provisions of Legislative Acts of the Russian Federation in Connection with Adoption of the Federal Law 'On Placing Orders to Supply Goods, Carry Out Works And Render Services for Meeting State and Municipal Needs'" (as amended on 26 April 2007);
  10. Federal Law No. 266-FZ of 30 December 2006 "On the Introduction of Amendments to Particular Legislative Acts of the Russian Federation in Connection with the Improvement of State Control in Crossing Points Across the State Border of the Russian Federation";
  11. Federal Law of 8 December 2003 No. 164-FZ "On the Fundamental Principles of State Regulation of Foreign Trade Activity" (as amended on 2 February 2006);
  12. Federal Law No. 101-FZ of 24 July 2002 "On Farm Land Turnover" (as amended on 5 February 2007);
  13. Federal Law No. 128-FZ of 8 August 2001 "On Licensing of Specific Types of Activity" (as amended on 6 December 2007);
  14. Federal Law No. 129-FZ of 8 August 2001 "On the State Registration of Legal Entities and Individual Businessmen" (as amended on 1 December 2007);
  15. Federal Law No. 134-FZ of 8 August 2001 "On the Protection of Legal Entities' and Individual Entrepreneurs' Rights in the Case of Exercise of State Control (Supervision)" (as amended on 30 December 2006);
  16. Federal Law No. 39-FZ of 25 February 1999 "On Investment Activity in the Russian Federation Pursued in the Form of Capital Investments" (as amended on 24 July 2007);
  17. Federal Law No. 160-FZ of 9 July 1999 "On Foreign Investment in the Russian Federation" (as amended on 29 April 2008);
  18. Law of the Russian Federation No. 4730-1 of 1 April 1993 "On the State Border of the Russian Federation" (as amended on 4 December 2007);
  19. Resolution of the Government of the Russian Federation No. 293 of 23 April 2008 "On the State Regulation and Control of Prices (Tariffs, Fees) for Services of Natural Monopolies' Entities at Transport Terminals, Ports, Airports and for Services of Using the Infrastructure of Internal Water Ways";
  20. Resolution of the Government of the Russian Federation No. 883 of 23 July 1996 "On Exemptions from Import Customs Duties and the Value-Added Tax for Commodities Imported by Foreign Investors as a Contribution to the Registered (Shared) Capital of Enterprises with Foreign Investments";
  21. Resolution of the Government of the Russian Federation No. 239 of 7 March 1995 "On Measures to Streamline the State Regulation of Prices (Tariffs)" (as amended on 23 April 2008);

- State Ownership, Privatization and State-Trading Enterprises
  1. Federal Law No. 41-FZ of 14 April 1995 "On State Regulation of the Tariffs on Electric and Thermal Power in the Russian Federation" (as amended on 4 November 2007);
  2. Federal Law No. 147-FZ of 17 August 1995 "On the Natural Monopolies" (as amended on 8 November 2007);
  3. Decree of the President of the Russian Federation No. 224 of 28 February 1995 "On Measures to Improve the State Adjustment of Prices (Tariffs)" (as amended on 8 April 2003);

- Pricing Policies
  1. Federal Law No. 250-FZ of 4 November 2007 "On Amending Some Legislative Acts of the Russian Federation in Connection with Implementation of Measures Aimed at Reforming the Unified Energy System of Russia";
  2. Federal Law No. 261-FZ of 8 November 2007 "On the Seaports in the Russian Federation and on the Introduction of Amendments into the Individual Legislative Acts of the Russian Federation";
  3. Federal Law No. 41-FZ of 14 April 1995 "On State Regulation of the Tariffs on Electric and Thermal Power in the Russian Federation" (as amended on 4 November 2007);
  4. Federal Law No. 147-FZ of 17 August 1995 "On the Natural Monopolies" (as amended on 8 November 2007);
  5. Resolution of the Government of the Russian Federation No. 239 of 7 March 1995 "On Measures to Streamline the State Regulation of Prices (Tariffs)" (as amended on 23 April 2008);
  6. Resolution of the Government of the Russian Federation No. 293 of 23 April 2008 "On the State Regulation and Control of Prices (Tariffs, Fees) for Services of Natural Monopolies' Entities at Transport Terminals, Ports, Airports and for Services of Using the Infrastructure of Internal Water Ways";
  7. Resolution of the Government of the Russian Federation No. 722 of 30 October 2007 "On the Introduction of an Amendment into the Basic Provisions on the Formation and the State Regulation of Prices of Gas and Tariffs for Transportation Services on the Territory of the Russian Federation";
  8. Resolution of the Government of the Russian Federation No. 1021 of 29 December 2000 "On State Regulation of Gas Prices and Gas Transportation Services Tariffs on the Territory of the Russian Federation" (as amended on 30 October 2007);

- Competition Policy
  1. Code of Administrative Offences of the Russian Federation No. 195-FZ of 30 December 2001 (as last amended on 6 December 2007);
  2. Federal Law of 29 April 2008 No. 58-FZ "On Amending Certain Legislative Acts of the Russian Federation and Declaring Invalidated Certain Provisions of Legislation Acts of the Russian Federation in Connection with Adoption of the Federal Law 'On the Procedure for Making Foreign Investments into Economic Companies which are of Strategic Importance for Ensuring the Country's Defence Capacity and State Security'";
  3. Federal Law No. 135-FZ of 26 July 2006 "On Protection of Competition" (as last amended on 29 April 2008);
  4. Law of the Russian Soviet Federative Socialist Republic No. 948-1 of 22 March 1991 "On Competition and Restriction of Monopoly Activity on Commodity Markets" (as last amended on 2 February 2006);

FRAMEWORK FOR MAKING AND ENFORCING POLICIES
  1. Treaty on the Establishment of the Common Customs Territory and the Formation of the Customs Union of 6 October 2007;
  2. Protocol on Rules on Entry into Force of International Treaties aimed at the Formation of the Legal Basis of the Customs Union, Withdrawal from them, and Accession to them of 6 October 2007;
  3. Treaty on the Customs Union Customs Code of 1 July 2010;
  4. Treaty on the Functioning of the Customs Union in the Framework of the Multilateral Trading System signed on 19 May 2011;
  5. Treaty on Judicial Recourse to the EurAsEC Court of the Economic Operators on Disputes Within the Framework of the CU and Peculiarities of the Judicial Procedure on Them of 9 December 2010;
  6. Treaty on the Commission of the Customs Union of 6 October 2007;
  7. Agreement on Introduction and Implementation of Measures Concerning Trade in Goods in the Common Customs Territory in Respect of Third Countries of 9 June 2009;
  8. Decision of the Interstate Council of EurAsEC at the level of Heads of State No. 16 of 27 November 2009;
  9. Decision of the Interstate Council of EurAsEC at the level of Heads of State No. 69 of 9 December 2010;
  10. Decision of the Interstate Council of EurAsEC at the level of Heads of State No. 14 of 27 November 2009;
  11. Decision of the Interstate Council of EurAsEC No. 15 of 27 November 2009;
  12. CU Commission Decision No. 308 "Decision-Making at the Commission of the Customs Union" of 18 June 2010;
  13. The Constitution of the Russian Federation;
  14. Arbitration Procedure Code of the Russian Federation No. 95-FZ of 24 July 2002 (as last amended on 6 April 2011);
  15. Civil Procedure Code of the Russian Federation No. 138-FZ of 14 November 2002 (as last amended on 6 April 2011);
  16. Code of Administrative Offences of the Russian Federation No. 195-FZ of 20 December 2001 (as last amended on 14 July 2008);
  17. Civil Code of the Russian Federation Part IV No. 230-FZ of 18 December 2006 (as last amended on 4 October 2010);
  18. Tax Code of the Russian Federation – Part One No. 146-FZ of 31 July 1998 (as amended on 19 July 2011) and Part Two No. 117-FZ of 5 August 2000 (as last amended on 7 March 2011);
  19. Statute of the Court of the Eurasian Economic Community adopted by Interstate Council of EurAsEC Resolution No. 502;
  20. Federal Constitutional Law No. 1-FKZ of 31 December 2006 "On the Judicial System of the Russian Federation" (as last amended on 28 December 2010);
  21. Federal Constitutional Law No. 1-FKZ of 28 April 1995 "On Arbitration Courts in the Russian Federation" (as last amended on 30 April 2010);
  22. Federal Constitutional Law No. 1-FKZ of 21 July 1994 "On the Constitutional Court of the Russian Federation" (as amended on 9 February 2011);
  23. Federal Law No. 59-FZ of 2 May 2006 "On the Procedure for Handling Applications of Citizens of the Russian Federation";
  24. Federal Law of 8 December 2003 No. 164-FZ "On the Fundamental Principles of State Regulation of Foreign Trade Activity" (as amended on 11 July 2011);
  25. Federal Law No. 184-FZ of 27 December 2002 "On Technical Regulation" (as last amended on 28 September 2010);
  26. Federal Law No. 113-FZ of 5 August 2000 "On the Order of Formation of the Council of the Federation of Federal Assembly of the Russian Federation" (as last amended on 15 November 2010);
  27. Federal Law No. 51-FZ of 18 May 2005 "On Election of Deputies to the State Duma of Federal Assembly of the Russian Federation" (as last amended on 23 February 2011)
  28. Federal Law No. 184-FZ of 6 October 1999 "On the General Principles of the Organization of the Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation" (as last amended on 28 December 2010);
  29. Federal Law No. 4-FZ of 4 January 1999 "On Coordination of International and Foreign Economic Relations of the Subjects of the Russian Federation";
  30. Federal Law No. 101-FZ of 15 July 1995 "On the International Treaties of the Russian Federation" (as amended on 1 December 2007);
  31. Federal Law No. 2202-1 of 17 January 1992 "On the Public Prosecutor's Office of the Russian Federation" (as last amended on 7 February 2011);
  32. Federal Law on Customs Regulation, No. 311-FZ of 27 November 2010;
  33. Decree of the President of the Russian Federation No. 314 of 9 March 2004 "On the System and the Structure of the Federal Executive Bodies of the Russian Federation" (as last amended on 12 May 2008);
  34. Decree of the President of the Russian Federation No. 849 of 13 May 2000 "On the Authorized Representative of the President of the Russian Federation in a Federal District" (as last amended on 7 September 2010);
  35. Decree of the President of the Russian Federation No. 1486 of 10 August 2000 "On Supplementary Measures to Provide Integrity of Legal Treatment in the Russian Federation" (as last amended on 18 January 2010);
  36. Resolution of the Government of the Russian Federation No. 437 of 5 June 2008 "On the Ministry of Economic Development of the Russian Federation" (as last amended on 6 April 2011);
  37. Resolution of the Government of the Russian Federation "On the Ministry of Industry and Trade of the Russian Federation" No. 438 of 5 June 2008 (as last amended 24 March 2011);
  38. Order of the Ministry of Justice of the Russian Federation No. 88 of 4 May 2007 "On the Approval of Explanations on the Application of Rules for Preparing the Normative Legal Acts of Federal Executive Power Bodies and on their State Registration";
  39. Order of the Russian Patent and Trademark Agency No. 56 of 22 April 2003 "On the Rules of Filing Objections and Applications and the Consideration thereof by the Patent Disputes Chamber" (as amended on 11 December 2003);