Monitoring of the Federal Legislation dated 2.10.2003

Order of the State Customs Committee of the Russian Federation No. 1031 of September 17, 2003 On the Places For Declaration of Beer

It lists the customs bodies that shall be the places for declaration of beer classified under commodity items 2202 90 100 1, 2203 00 according to the Commodity Nomenclature of the RF Foreign Trade Activity, imported by automobile and railway transport to the address of the consignees based in Moscow and the Moscow region.
The Order shall take effect as from January 1, 2004.
Registered with the Ministry of Justice of the Russian Federation in September 30, 2003. Registration No. 5127.

Order of the State Customs Committee of the Russian Federation No. 949 of September 1, 2003 On the Approval of Rules of Keeping a Register of Banks and Other Credit Institutions

It establishes a new procedure of keeping a Register of Banks and Other Credit Institutions by the State Customs Committee of the Russian Federation for the purposes of organization of customs payments guarantee system.
When taking decision regarding inclusion into the Register, the RF Customs Committee shall issue a notice, after a pre-set format, to the right to act as a guarantor to the customs bodies. No pay shall be charged for inclusion in the Register. The validity of the notice shall be fixed at one year as from the inclusion in the Register.
It specifies that in the absence of the Bank's of Russia general license, the maximal amount of one bank guarantee shall be fixed as an equivalent of Euro 100 thousand, while the maximal amount of all simultaneously valid bank guarantees - an equivalent of Euro 700 thousand.
The provisions of validity of earlier issued licenses shall continue in force until the expiration of their respective validity, unless those provisions are at variance with the requirements laid down under the RF Customs Code.
The Order shall take effect as from January 1, 2004.
Registered with the Ministry of Justice of the Russian Federation in September 30,2003. Registration No. 5125.

Order of the State Customs Committee of the Russian Federation No. 1050 of September 19, 2003 On the Places for Declaration of Individual Types of Goods

It lists the customs bodies that shall be the places for declaration of goods classified under commodity group 2003 (fish and crustaceans) and also under commodity items 1604 (sturgeon caviar) and 1605 (fresh or canned crustaceans, molasses) according to the Commodity Nomenclature of the RF Foreign Trade Activity, imported by automobile transport to the address of the consignees based in Moscow and the Moscow region.
The Order shall take effect as from January 1, 2004.
Registered with the Ministry of Justice of the Russian Federation in September 30, 2003. Registration No. 5124.

Order of the State Customs Committee of the Russian Federation No. 1029 of August 17, 2003 On the Places for Declaration of Individual Types of Goods

It specifies that the place for declaration of new Mercedes-Benz cars classified under commodity items 8702-8704 of the Commodity Nomenclature of the RF Foreign Trade Activity shall be a customs check-point of STO Automobile Central Excise Custom-House (code 10118190, located at: Moscow, Moscow Ring Automobile Road, 34th km, estate 4).
The Order shall take effect as from January 1, 2004.
Registered with the Ministry of Justice of the Russian Federation in September 30, 2003. Registration No. 5119.

Instructions of the Central Bank of Russia No. 105-I of August 25, 2003 On the Procedure for the Conduct of Audits of Credit Institutions (Branches Thereof) By Authorized Representatives of the Central Bank of the Russian Federation

It determines the system of planning of audits of credit institutions and branches thereof and also a mechanism of taking decisions inside the Bank of Russia relating to the conduct of audits, including off-scheduled audits. It designates subjects of initiation of audits and also establishes a mechanism of mutual relationships on all the issues associated with the audit and also technological schemes of mutual relationships.
The Bank of Russia shall have no right to conduct more than one audit on the same issues over the same reporting period of activity of credit institution (branch thereof). The exception shall be instances when an audit is undertaken in connection with the reorganization or liquidation of a credit institution or by a well-motivated decision taken by the Board of Director of the Bank of Russia.
It defines the specificity of conduct of audits over the compliance by credit institutions with the rates of obligatory reserves and also of audits of organization of work, conclusion and accounting of individual transactions involving foreign currency in cash at currency exchange points and operational cash departments outside the cash departments' unit.
The rates earlier fixed by the Bank of Russia pertaining to the conduct of audits of credit institutions (branches thereof) shall apply in so far as it is not conflicting with the Instructions.
The Instructions shall take effect upon the expiration of 10 days after official publication in "the Bulletin of the Bank of Russia".
Registered with the Ministry of Justice of the Russian Federation in September 26, 2003. Registration No. 5118.

Order of the State Customs Committee of the Russian Federation No. 1028 of September 17, 2003 On the Places for Declaration of Motor Oils

It lists the customs bodies that shall be used as the places for declaration of motor oils classified under commodity items 2710 19 810 0, 3403 19 100 0, 3403 19 910 0, 3403 99 100 0 of the Commodity Nomenclature of the RF Foreign Economic Activity, imported by automobile and railway transport whose consignees are based in Moscow and the Moscow region.
The Order shall take effect as from January 1, 2004.
Registered with the Ministry of Justice of the Russian Federation in September 25, 2003. Registration No. 5117.

Decision of the Federal Securities Commission No. 2003-39/pc of August 13, 2003 On the Regulations On the Requirements To the Division of Monetary Funds of the Broker and Monetary Funds of Its Customers and To the Securing of the Customers' Rights In Case of Using the Customer's Monetary Funds In the Interests of the Broker

The broker shall be obligated to place the monetary funds received by it from the customers for purposes of investing them into securities and also those received by it from the customers under transactions made in their interests, in an individual bank account to be opened by the broker with a credit institution to keep account thereon of the monetary funds belonging to the customers.
The customer's monetary funds may be used by the broker in its own interests when such right has been granted by the customer to the broker on the basis of a contract on broker's service.
It lists the cases when the monetary funds from the broker's own account may be passed to a special-purpose broker's account (accounts).
The said requirements shall not apply to credit institutions.
Registered with the Ministry of Justice of the Russian Federation in September 25, 2003. Registration No. 5116.

Letter of the Ministry of Taxation of the Russian Federation No. OS-6-2003/994 of September 24, 2003 On the Procedure for Assessment and Payment of the Value Added Tax

Upon receipt of advance payments or pre-payment towards future supplies of goods (execution of work, provision of services) or payment for partially manufactured products (work, services), the taxpayer shall be obligated to include those amounts in the taxation basis related to a tax period in which those payments were actually received. Notably, it does not matter when the seller's obligations ensuing from the contract with the buyer of goods (work, services) and the buyer's obligations to pay for those goods (work, services) will be fully fulfilled.
The amount of payments received as payment for future supplies of goods (execution of work, provision of services) in foreign currency shall be converted into Rubles at the Bank's of Russia rate as on the date of receipt of same. Notably, the amounts of tax charged on those payments shall, upon subsequent shipment of goods (execution of work, provision of services), be deducted.