Customs and foreign trade regulation

Pepeliaev Group’s Customs Practice has successfully completed a 4 year long litigation Lawyers of Pepeliaev Group’s Customs Law Practice have won a litigation which started on 24 November 2020 (case No. А51-18513/2020). This case was instigated by the Vladivostok Customs Office, which filed with a state commercial court a claim to recover import customs duties and default interest of over RUB 1.7 billion in total because this sum included the cost of a business aircraft.

Introducing amendments to the Customs Code of the Eurasian Economic Union While working on a client's project, our customs law and foreign trade regulation practice identified legal uncertainties in provisions of customs legislation and inconsistencies between them and provisions of the Federal Law “On the state border of the Russian Federation”.

Protected in court the client’s interests amounting to RUB 1.7 billion The practice represented the client who had imported an aeroplane into the EAEU.

Legal GR and Customs Practices have safeguarded the interests of a major supplier of medical equipment in a dispute with customs authorities

Owing to the joint efforts of Sergey Taut, Pepeliaev Group’s Legal GR expert, and lawyers from the firm’s Customs Practice, we provided key support in safeguarding the interests of a major supplier of medical equipment in a dispute with customs authorities.

Tax and customs structuring of a project involving the construction of incineration plants We have performed tax and customs structuring during the planning of a project involving the construction of five incineration plants in Moscow Region and Tatarstan.

Successful appeal against the customs authority's decision to refuse to grant an export customs duty benefit Completed a project that included appealing in the court and having the customs authority's refusal invalidated to grant an export customs duty benefit to a Russian ship owner

Owing to the efforts of Pepeliaev Group's lawyers, the Russian Federal Customs Service has reimbursed to our client interest on excess customs payments recovered by it The lawyers of Pepeliaev Group’s customs practice have successfully completed a project that involved protecting the interests of our client, a major Russian shipping company, before the Russian Supreme Court's Judicial Panel for Economic Disputes. 

Successfully protecting the interests of a large manufacturer of plastic windows in a project that involved challenging decisions of the Federal Customs Service The lawyers from Pepeliaev Group’s Customs and Foreign Trade Regulation Practice successfully defended the client in a project that involved challenging decisions of the Federal Customs Service. 

Representing FIFA's interests in work on a range of regulations Pepeliaev Group’s lawyers have represented FIFA’s interests having worked on these regulations, from the very outset developing their concept and producing drafts.

Involvement in the preparation of a new Resolution of the Plenum of the Russian Supreme Court on customs disputes. Pepeliaev Group’s lawyers joined the working group that has prepared the new Resolution of the Plenum of the Russian Supreme Court on customs disputes.

Legal support to a shipping company on various customs issues Our lawyers provided legal support to a shipping company on various customs issues regarding sea vessels that are used for international and domestic shipments crossing the customs border. 

Providing advice on the customs consequences of implementing different business models

Pepeliaev Group’s lawyers advised clients on a number of matters related to customs regulation, among them: (i) customs benefits applied in special economic zones, in free warehouses and in territories of advanced social and economic development; (ii) customs consequences of applying agency (commission-based) models for supplies of goods, and the use of consignment and leasing agreements; (iii) the possibility to import and export commercial cargo by branch offices of foreign companies, and the import of goods used as contribution to the issued capital of a foreign investor.

Building positive case law on customs benefits

Pepeliaev Group’s lawyers successfully represented companies providing services in the area of mineral production. When contesting the decisions of the Sakhalin customs authorities regarding the application of customs duties for the contractor with regard to the goods imported for the Sakhalin-2 PSA, our lawyers managed build positive case law for the importer which was subsequently applied to the Sakhalin-1 PSA as well. Moreover, the practice’s lawyers challenged in a commercial (‘arbitration’) court a decision of the customs authority disallowing the application of a customs benefit with regard to equipment imported as contribution to the issued capital. Owing to the efforts of our lawyers the client managed to avoid the need to pay additionally accrued duties in the amount of RUB 20 million.

Developed the optimal scenario for the import of equipment for a major car manufacturer

Pepeliaev Group’s lawyers developed the optimal scenario to import equipment taking into consideration its specific features, the possibility to ship it in assembled form, and contractual relations between the clients and their suppliers of equipment. Our experts also developed a scenario to import the equipment in parts and components and set up a schedule for supplies of such parts. In order to develop a fitting import model, the following factors also had to be taken in account: (i) assigning CCFT codes to the imported equipment and its parts, (ii) the possibility to apply zero import duties and VAT rates to production equipment manufactured outside Russia, (iii) whether it was necessary to obtain certificates of conformity for the equipment and its parts and components as well as special aspects of calculating their customs value, and (iv) whether it was possible to repair or recycle conditionally released equipment as well as the customs requirements when doing so. 

Assisting a major investor to obtain federal benefits

Our lawyers provided legal assistance to a leading global car manufacturer in the context of building a car assembly plant in St Petersburg. The project involved negotiations with the representatives of regional state authorities on issues related to obtaining the status of a strategic investor, and providing support to the client in negotiations with the Russian Ministry of Economic Development and Trade, the Federal Customs Service, and other bodies. In addition, our lawyers provided support to the client when entering into an investment agreement, selecting a land plot, and provided advice on employment matters when putting the completed plant into operation.