Federal Law No. 164-FZ on Foreign Trade Activity

Full title: Federal Law No. 164-FZ of December 8, 2003 “On the Fundamentals of State Regulation of Foreign Trade Activity”. It is a framework law. It sets out principles and instruments, while specific rates, prohibitions and procedures are established by other acts: EAEU law, government resolutions, decisions of the Eurasian Economic Commission.

What it establishes

• Principles: equality of participants and non-discrimination, a single customs territory, justified regulatory measures.
• Who may engage in foreign trade: Russian and foreign persons on equal terms, unless the law provides otherwise. See participant in foreign economic activity.
• Regulatory measures: customs tariff measures (duties), non-tariff measures (quantitative restrictions, licensing), prohibitions and restrictions, safeguard measures for the domestic market.
• Special regimes, including export control.

Where it comes up

The law is rarely mentioned in day-to-day work, but familiar things rest on it. Import and export duties are customs tariff measures. Licenses and permits belong to non-tariff regulation. A temporary ban on exporting certain goods is introduced on grounds provided for by this law.

What to watch for

164-FZ regulates trade itself: what may be imported and exported and on what terms. Settlements under deals are regulated by another law: Federal Law No. 173-FZ on Currency Regulation. A deal must comply with both. The goods must be permitted for import or export, and the payment must pass currency control.

Before a new delivery, check whether the goods are subject to licensing, quotas or temporary bans. This is a general overview. We decide on your deal after reviewing the documents.