Restrictions and measures of state support for business: the digest for 5-18 February 2024

PROJECTS

The procurement procedure for Russian products can be simplified

Draft federal law No. 547583-8

The draft has been put before the State Duma.

Amendments have been prepared to laws No. 44-FZ and 223-FZ whereby it has been proposed that:

• national treatment regime be granted irrespective of whether a relevant international treaty with a foreign state is in place. The Government, however, may impose a ban/restriction on the procurement of foreign goods/work/services and give Russian products priority;
• a ban, restriction or the priority be used in a way to ensure that supply agreements for Russian products be concluded to the maximum extent possible. Specifically, it is anticipated that a provision be introduced preventing:
• a supply agreement/contract from being concluded for the supply of a foreign product if at least one offer for the supply of a Russian product has been submitted during the procurement process (the ‘second-out’ mechanism);
• a product from being replaced with a foreign one when an agreement/contract is performed provided that a subject matter of the transaction is a Russian product,
• a nominal decrease by 15% to be applied, when bids are assessed, to the bid of a candidate who offers a Russian product where the Government establishes priority of Russian products. If the Russian product wins, the agreement/contract will be concluded at a price in disregard of such nominal decrease;
• the composition of information and documents that confirm Russian origin of a product to be determined in the instrument of the Government.

The amendments may come into effect on 1 October 2024 (exceptions apply).

Advertising will be banned on foreign agent’s information resources

Draft federal law No. 553750-8

The draft has been put before the State Duma.

Specifically, it has been proposed to ban advertisements on information resources of foreign agents and to advertise such resources.

The relevant amendments are planned to be made to Federal Laws Nos. 38-FZ “On advertising” and 2124-I “On mass media” dated 13 March 2006 and 27 December 1991, respectively.

It has been proposed that a list of transactions be expanded which are subject to an approval of the Government Commission

The Russian Government’s draft decree

Public discussions are now taking place.

Amendments have been stipulated to the rules whereby the Government Commission on Monitoring Foreign Investment in Russia issues permissions to perform transactions (operations) (the Russian Government’s Decree No. 295 dated 6 March 2022).

It is anticipated that the list of transactions for which permissions must be sought will be supplemented with transactions involving the disposal of or a pledge over an exclusive right to the results of intellectual property or means of identification.

LEGISLATION

The Government will form a sub-commission for the use of IP items

The Russian President’s Ruling No. 122 dated 15 February 2024

Came into force on 15 February 2024.

The Government has been instructed to:

• form a sub-commission for the use of inventions, utility models and industrial designs with the view to ensuring economic safety of Russia and approve the relevant regulations;
• develop rules for preparing resolutions on how to use such intellectual property items without the consent of patent holders, with notification being sent and commensurate compensation paid to them.

Compensations will be paid via a special account of type ‘O’ (see the Russian President’s Ruling No. 322 dated 27 May 2022).

The procedure has been simplified for Russian companies to be authorised to carry out international road haulage

The Russian Government’s Decree No. 104 dated 2 February 2024

Comes into force on 1 September 2024, save for individual provisions.

The rules have been amended for Russian carriers to be authorised to carry out international road haulage (the Russian Government’s Decree No. 845 dated 1 June 2021).

Specifically:

• information has been adjusted which is to be indicated in the application for obtaining the above authorisation;
• the list of documents has been reduced which are to be enclosed with the application;
• the procedure has been clarified of how a carrier’s financial standing should be confirmed. The possibility has been stipulated for relevant information to be confirmed via interdepartmental interaction;
• the time period has been reduced to 5 business days for the public service to be provided regarding the above authorisation.