Windfall tax for major companies to be introduced in Russia

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Daily Monitoring of the Legislation

Monitoring of the Federal Legislation dated 7.09.2006

Order of the Federal Customs Service No. 773 of August 14, 2006 on the Authority of the Customs Bodies to Carry out Customs Operations Pertaining to Commodities Sent over the Customs Border of the Russian Federation in International Postal Dispatches <br>

Defines the specialised customs bodies whose authority is restricted to customs operations pertaining to commodities sent over the customs border of the Russian Federation in international postal dispatches (except for the diplomatic mail and the consular pouch) and the customs bodies authorised to commit the mentioned customs operations

Other customs bodies may commit customs operation with commodities received from the places of international postal exchange or sent in international postal dispatches from the customs territory of the Russian Federation, as well as carry out individual customs operations pertaining to commodities sent over the customs border of the Russian Federation in international postal dispatches.

Registered in the Ministry of Justice of the Russian Federation on September 4, 2006. Reg. No. 8203.

Order of the Ministry of Public Health and Social Development of the Russian Federation No. 584 of August 4, 2006 on the Procedure of Organisation of Medical Services for the Population Using the District Principle <br>

Organisation of medical services for the population using the district principle is vested in the public health management bodies of municipal formations.

The district principle of organisation of medical services for the population suggests defining the zones of servicing of out-patient and stationary institutions, assigning the population to the mentioned institutions and distribution of population among districts.

When implementing the given principle, one should take into account the criteria of territorial accessibility of the medical aid and the particulars of the covered territories (number, density, age and sex of the population, morbidity, geographic and other particulars).

It is permitted to assign citizens living outside the covered zone of the medical institution to doctors of the mentioned institutions if the excess of the number of population per district physician is not greater than 15% of the specified norm.

The Order defines the types of districts and the medical personnel servicing the population in each of them, as well as the recommended number of assigned population in them.

Registered in the Ministry of Justice of the Russian Federation on September 4, 2006. Reg. No. 8200.

Decision of the Chief State Sanitary Physician of the Russian Federation No. 28 of August 29, 2006 on Enhanced Enforcement of Production and Circulation of Foodstuffs <br>

As a result of measures of sanitary and epidemiological control, serious drawbacks in supplies of quality foodstuffs were revealed in a number of subjects of the Russian Federation. The personnel of the Federal Service of Enforcement in the Sphere of Protection of Consumer Rights and Human Well-Being rejected many consignments of foodstuffs and raw materials, first and foremost, meats and diary products, sugar, confectioneries. This was stipulated by unsatisfactory sanitary condition of a number of food objects, insufficient professional training of the personnel of food producing enterprises, as well as the workers of kitchens of child pre-schooling, educational and rehabilitation institutions. There are facts of purchase of foodstuffs by the mentioned institutions without appropriate documents confirming their quality, which brings about outbursts of dysentery and salmonellousis of the population.

The nutrient structure of the population, primarily of schoolchildren, is still unsatisfactory, which is characterised by reduced consumption of the most valuable biologically foodstuffs - meat, fish, dairy products, vegetables and fruits. Morbidity because of micronutrient insufficiency is still high.

In view of the above, the chief state sanitary physicians in the subjects of the Russian Federation are ordered to enhance the state sanitary and epidemiological enforcement of observation of the sanitary legislation in production, storage, transportation and sale of foodstuffs and raw materials, determine on the basis of analysis of morbidity of population pertaining to intestinal infections caused by consumption of low-quality foodstuffs the group of epidemiological significant food objects and carry out extraordinary investigations of them.

The bodies of public health management of the subjects of the Russian Federation are recommended to take additional measures to improve the meals for patients of medical treatment and prevention institutions, provide for preventive and dietary feeding.

The bodies of executive power of the subjects of the Russian Federation should take measures to provide to the population foodstuffs enriched with micronutrients (vitamins, micro- and microelements), as well as arrange an educative work among the population on the impact of structure and quality of meals on the human health.

Registered in the Ministry of Justice of the Russian Federation on September 4, 2006. Reg. No. 8199.

Direction of the Central Bank of Russia No. 1711-U of August 8, 2006 on the Amendments to the Regulation of the Bank of Russia No. 198-P of October 7, 2002 on the Procedure for Calculation and Collection of Payment for the Clearing Services of the Bank of Russia <br>

The payment for the paper copies of electronic payment documents is collected from the bank clients not only when transferring money on their accounts, but also when writing off the resources on the basis of electronic payment documents.

The Direction provides a detailed list of operations carried out without the fee. It is envisaged, in particular, that the payment is not collected for the writing off from the correspondent accounts (subaccount) of the credit organisation carried out by both the liquidation commission, bankruptcy commissioner (liquidator) and the state corporation Deposit Insurance Agency. Defines the list of budgets of various level and the state extra-budgetary funds where the writing off (transfer) of resources from (on) the accounts is also carried out free of charge.

The Direction makes more specific the procedure of payment for the clearing services of the Bank of Russia through advance payments. When the amount of the advance payment exceeds the cost of actually provided clearing services of the Bank of Russia according the estimate sheet for the month, or if the client of the Bank of Russia overpays the actually provided clearing services of the Bank of Russia according to the estimate sheet for the month, the overpaid amount is included in the payment of the client of the Bank of Russia for the clearing services in the future periods.

The Direction defines the procedure of payment for the Bank's clearing services when transferring for services to another institution of the Bank of Russia, credit organisation, body of execution of the budget of certain level, as well as when closing all accounts of the client of the Bank of Russia where the regime envisages spending of resources from them for financial and economic operations when the client has overpaid for the Bank's services in the previous periods.

The Direction is entered into force 10 days after the day of its official publication in the Herald of the Bank of Russia.

Registered in the Ministry of Justice of the Russian Federation on September 4, 2006. Reg. No. 8198.

Order of the Federal Service of Enforcement in the Sphere of Protection of Consumer Rights and Human Well-Being No. 228 of August 3, 2006 on the Measures to Improve Efficiency of Work Pertaining to Protection of Consumer Rights in the Sphere of Shared Housing Construction <br>

Proceeding from assessment of the work of the bodies of the Federal Service of Enforcement in the Sphere of Protection of Consumer Rights and Human Well-Being in 2005 and the first six months of 2006, there were 196 control checks carried out in the whole of the Russian Federation pertaining to economic subjects attracting monetary resources of citizens for construction in apartment houses. In many subjects of the Russian Federation, similar measures were not carried out at all.

As a result of the checks, the territorial bodies of the Federal Service of Enforcement in the Sphere of Protection of Consumer Rights and Human Well-Being initiated 86 cases of administrative violations where only 21 resulted in fines imposed on legal entities for administrative responsibility.

In the same period of time, territorial bodies of the Federal Service of Enforcement in the Sphere of Protection of Consumer Rights and Human Well-Being received 402 appeals pertaining to various aspects of protection of rights of citizens in the sphere of shared construction. 41 applicants enjoyed practical aid pertaining to preparation and submission of the appropriate lawsuit. In 28 cases, territorial bodies of the Federal Service of Enforcement in the Sphere of Protection of Consumer Rights and Human Well-Being participated in court proceedings and issued statements in cases of protection of consumer rights.

The mentioned results clearly show insufficient use on the part of the bodies of the Federal Service of Enforcement in the Sphere of Protection of Consumer Rights and Human Well-Being of their appropriate authority. There is no an approved practice of judicial protection of consumers in individual subjects of the Russian Federation where violation of the rights of citizens in the sphere of housing construction is of large-scale and systematic nature (Moscow City, Moscow Province).

To achieve a qualitatively new level of work in protection of consumer rights, the task is set for the territorial departments of the Federal Service of Enforcement in the Sphere of Protection of Consumer Rights and Human Well-Being to stimulate the work to apply measures of restrictive and preventive nature aimed at prevention, revealing and stopping violations of consumer rights in the sphere of construction of apartment houses. Territorial bodies of the Federal Service of Enforcement in the Sphere of Protection of Consumer Rights and Human Well-Being are ordered to analyse in the second six months of 2006 the contracts between construction parties and citizens to reveal in these contracts the terms violating consumer rights while sewing the culpable for administrative responsibility. It is also suggested to improve the efficiency of work pertaining to judicial protection of consumer rights and provide for the interaction in issues of protection of consumer rights with the bodies of the subjects of the Russ ian Federation controlling the issues of shared construction of apartment houses.

The report of the work in the mentioned sphere in 2006 shall be submitted by the territorial bodies of the Federal Service of Enforcement in the Sphere of Protection of Consumer Rights and Human Well-Being on January 20, 2007 with attached copies of statements to courts and adopted court rulings. Summarised information shall be submitted by the Federal Centre of Hygiene and Epidemiology to the Federal Service of Enforcement in the Sphere of Protection of Consumer Rights and Human Well-Being until February 10, 2007.

Registered in the Ministry of Justice of the Russian Federation on September 4, 2006. Reg. No. 8191.

Letter of the Central Bank of Russia No. 115-T of August 30, 2006 on the Execution of the Federal Law on the Combating of Legalisation (Laundering) of Incomes Obtained in a Criminal Way and Financing of Terrorism Where It Pertains to Identification of Clients Served Using Remote Bank Servicing Technologies (Including the Internet Banking) <br>

In the cases of use of remote bank servicing technologies (including the Internet banking), credit organisations should identify not only the person concluding the bank account (bank deposit) contract, but also the persons authorised or that will be authorised to control the bank account (bank deposit). The failure to observe this requirement shall be regarded by the Bank of Russia as a violation of the Federal Law on the combating of legalisation (laundering) of incomes obtained in a criminal way and financing of terrorism and the Regulation of the Bank of Russia No. 262-P.

Letter of the Central Bank of Russia No. 114-T of August 25, 2006 on the New Form of the General Deposit Agreement on the Deposit Transactions in the Currency of the Russian Federation Using the System of Electronic Tenders of the ZAO Moscow Inter-Bank Currency Exchange <br>

The general deposit agreements drawn up to the new form shall be concluded by the territorial institutions of the Bank of Russia at the place of opening of correspondent accounts of credit organisations to provide for the deposit transactions using the System of Electronic Tenders of the ZAO Moscow Inter-Bank Currency Exchange. Credit organisations having concluded earlier general deposit agreements with the Bank of Russia shall conclude additional agreements.

Letter of the Central Bank of Russia No. 113-T of August 25, 2006 on the Contracts for the Credits of the Bank of Russia <br>

The Bank of Russia shall conclude the contracts granting credits of the Bank of Russia secured with the pledging (blocking) of securities under transactions committed at the Moscow Inter-Bank Currency Exchange using the System of Electronic Tenders of the ZAO Moscow Inter-Bank Currency Exchange.

According to the contract, the Bank of Russia shall grant to the bank its Lombard credits, with the bank being obliged to redeem the debt under the granted credits and pay the interest.

Direction of the Central Bank of Russia No. 1713-U of August 8, 2006 on the Amendments to the Instruction of the Bank of Russia No. 117-I of June 15, 2004 on the Procedure of Submission by Residents and Non-Residents to the Authorised Banks of Documents and Information in the Course of the Currency Operations, Procedure of Recording of Currency Operations by the Authorised Banks and Drawing up of Transaction IDs <br>

Amends the content of information recorded by the bank in the database of currency operations, including the one on operations of natural person independent entrepreneurs, as well as specifies the procedure of submission of documents and information by the resident in cases of introduction of amendments to the contract (credit contract) pertaining to information indicated in the transaction ID.

According to the amendments, the database of currency operations shall include in addition: information on the sent payment (transfer, writing off), name of the bank of the recipient of the payment as indicated in the payment document when writing off monetary resources or the payer bank when transferring money on the account, bank identification code indicated if the bank of the recipient of the payment or the payer bank is the authorised bank, bank SWIFT code for the non-resident bank being participant of the SWIFT system, NR code for other non-resident banks, code of the currency of the price of the contract - in cases envisaged in the Instruction.

For currency operations of legal entities (residents and non-residents) or natural person independent entrepreneurs (residents), the authorised bank shall record in addition in the database information on the account owner and information on the payment recipient.

The procedure of keeping (including the structure) of the mentioned database is defined by the authorised bank independently.

When amending the contract (credit contact) or another information indicated in the transaction ID, appropriate documents and information shall be presented no later than the day of the next currency operation under the contract (credit contract) or no later than the next time the documents and information are submitted to the bank pertaining to currency operations with non-residents under foreign trade transactions or because of control measures carried out by the authorised bank over currency operations.

The Direction must be published officially in the Herald of the Bank of Russia and shall enter into force from November 1, 2006.

Registered in the Ministry of Justice of the Russian Federation on September 4, 2006. Reg. No. 8209.

Letter of the Ministry of Finance of the Russian Federation No. 03-01-14/9-460 of August 22, 2006

According to the Federal Law No. 171-FZ of November 22, 1995 on the state regulation of production and circulation of ethyl alcohol, alcoholic and alcohol-containing products, the types of activities pertaining to production and circulation of ethyl alcohol, alcoholic and alcohol-containing products, except for the purchase of ethyl alcohol, alcoholic and alcohol-containing products, are subject to obligatory licensing. The mentioned Law does not apply to activities of organisations pertaining to production and circulation of medicines, treatment and prevention, diagnostic substances containing ethyl alcohol, as well as activities of apothecary institutions pertaining to the making of substances to personal prescriptions, including the homoeopathic preparations, preparations of veterinary use, perfumery and cosmetics having undergone the state registration in the authorised federal bodies of executive power.

Activities of organisations of the wholesale trade and apothecary institutions in the sphere of circulation of medicines is licensed on the basis of the Federal Law No. 86-FZ of June 22, 1998 on the medicines.

Thus, organisations possessing licenses for pharmacy activities do not need licenses for production, storage and supplies of alcohol-containing products for the purposes of production and sale of medicines, treatment-and-prevention and diagnostics substances containing ethyl alcohol.

Letter of the Federal Tax Service No. 09-1-03/3103 of June 16, 2006 <br>

The actual legislation does not have an efficient instrument to combat creation of nominal legal entities ("fly-by-night companies"). Therefore, the tax bodies send at their own initiative to other agencies, the Bank of Russia and commercial banks the lists of addresses of multiple registrations and the lists of persons with multiple registrations of enterprises to provide access to information significant for the determination of the risks of participation of organisations possessing nominal addresses and applicants in illegal schemes.

Nevertheless, the Federal Tax Service of Russia does not inspire to use the mentioned information as an absolute duty of the banks or as a single and sufficient reason to refuse to open an account to the potential client. It is expedient to use the lists of addresses of multiple registrations and the lists of multiple applicants in combination with other sources of information permitting credit organisations to combat legalisation (laundering) of incomes obtained in a criminal way and financing of terrorism.

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