Introduction………………………………………………………………………2p.
1. Non-tariff regulation of foreign economic activity….4str.
1.1 Features and structure of methods of non-tariff regulation of foreign economic activity…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….
1.2 Special Measures non-tariff regulation……………………7p.
Conclusion………………………………………………………………...13p.
List of used literature……………………………………..14p.
Test with answers…………………………………………………………….15p.
Introduction
The globalization of the world economy is an objective reality of the present stage of its development. The main direction of the economic interdependence of the development of individual countries, regions and enterprises has become the process of further deepening the international division of labor, the inclusion of new subjects of economic relations in it.
International economic relations are one of the most dynamically developing areas of economic life. Economic relations between states have a long history. For centuries, they existed mainly as foreign trade, solving the problems of providing the population with goods that the national economy produced inefficiently or did not produce at all. In the course of evolution, foreign economic relations have outgrown foreign trade and turned into a complex set of international economic relations - the world economy
World experience shows that even in industrialized countries there is an objective need for state regulation of foreign economic activity. The state is called upon, first of all, to protect the interests of its producers, take measures to increase exports, attract foreign investment, balance the balance of payments, regulate foreign exchange, and, most importantly, adopt legislative acts establishing the rules for the implementation of foreign economic activity and control their strict observance. .
The current stage of development of foreign economic activity in our country is associated with fundamental changes in the forms and methods that have been used over decades of previous development. Tens of thousands of enterprises, regardless of their affiliation to the public or private sector, organizational form, size of property, field of activity, composition of ownership, got the opportunity to actively participate in international economic cooperation.
The processes taking place in it affect the interests of all states of the world. And, accordingly, all states must regulate their foreign economic activity in order to achieve their interests in the first place. Therefore, the topic of non-tariff regulation of foreign economic activity in our work will be relevant.
Non-tariff instruments for regulating foreign economic activity play an important role in the trade and political mechanism. The impact of non-tariff instruments on the course of international trade cannot be quantified, as their impact is not explicit. Unlike tariff regulation established by law, non-tariff restrictions can be introduced by decision of executive and local authorities. According to UNCTAD experts, quantitative restrictions account for up to 20% of the total volume of non-tariff measures, the same amount for tax measures (domestic and border), and somewhat less for technical norms and rules. In terms of the total amount of non-tariff restrictions used in international trade, the top three are the USA, Japan, and the EU.
V Russian Federation non-tariff regulation in customs refers to various kinds of control measures that create an obstacle to foreign trade (with the exception of customs duties). Let us note that both the Customs Code of the Russian Federation and the Law "On the Customs Tariff" do not define non-tariff regulation; we find there only the concept of economic policy measures.
Therefore, the purpose of this work is to consider the structure of non-tariff regulation of foreign economic activity.
1. Non-tariff regulation of foreign economic activity.
1.1 Features and structure of methods of non-tariff regulation of foreign economic activity.
Non-tariff methods of regulation of foreign economic activity - a set of methods of state regulation of foreign economic activity, aimed at influencing processes in the field of foreign economic activity, but not related to customs-tariff methods of state regulation. - S. 217.
In accordance with international agreements, non-tariff methods are applied as an exception to general rule free trade in the following cases:
1. The introduction of temporary quantitative restrictions on the export or import of certain goods, caused by the need to protect the national market.
2. Implementation of a permit procedure for the export or import of certain goods that may adversely affect the security of the state, the life or health of citizens, the property of individuals or legal entities, state or municipal property, the environment, the life or health of animals and plants.
3. Fulfillment of international obligations.
4. Introduction of the exclusive right to export or import certain goods.
5. Introduction of special protective, anti-dumping and countervailing measures.
6. Protection of public morality and law and order.
7. Protection of cultural property.
8. Ensuring national security. - P. 51.
Non-tariff measures of state regulation of foreign economic activity are very diverse. According to P. H. Lindert, there are more than 50 various ways non-tariff regulation. In accordance with the UNECE classification, the whole variety of non-tariff methods of state regulation of foreign economic activity can be divided into three groups:
1. Measures of direct restriction
2. Customs and administrative formalities
3. Other non-tariff methods
Direct restrictions include licensing and quotas.
Licensing as a measure of state regulation of foreign trade activities has been used in Russia (USSR) since 1989. Licensing implies that the export and / or import of certain goods must be obtained from the relevant state body with a special permit (license). Licensing in the field of foreign trade in goods is established in the following cases:
Introduction of temporary quantitative restrictions on the export or import of certain types of goods;
Implementation of the licensing procedure for the export and (or) import of certain types of goods that may adversely affect the security of the state, the life or health of citizens, the property of individuals or legal entities, state or municipal property, the environment, the life or health of animals and plants;
Granting the exclusive right to export and (or) import certain types of goods (for example, weapons, military equipment);
Fulfillment by the Russian Federation of international obligations - P. 139.
Another instrument of direct quantitative limitation is quotas (contingenting).
A quota is a restriction in value or physical terms, imposed on the import or export of specific goods for a certain period of time (for example, a year, half a year, a quarter and other periods).
This category includes global quotas, country-specific quotas, seasonal and so-called voluntary export restrictions. Voluntary export restrictions means a commitment by one of the partner countries, or a mutual commitment, to restrict trade by imposing quotas on the export of goods. The specificity of this type of trade restrictions is that a trade barrier protecting the importing country is introduced at the border of the exporting rather than importing country.
For example, in February 1995, an agreement between the Russian Federation and the ECSC was signed containing such an obligation for certain steel products. In 2004, for example, "voluntary" restrictions were introduced on the supply of silicon carbide, aluminum, and textile goods to the EU - S. 101.
Measures of direct restriction of exports and imports may be introduced in exceptional cases by the Government of the Russian Federation. As stated in Article 21 of the Law "On the Fundamentals of State Regulation of Foreign Trade Activity", "Import and export of goods is carried out without quantitative restrictions."
Special protective, anti-dumping and countervailing measures for the import of goods can be considered as a separate group of measures. The application of such measures is provided for by the federal laws “On the Fundamentals of State Regulation of Foreign Trade Activity” and “On Special Protective, Anti-Dumping and Compensatory Measures for Imported Goods”. These include:
1. Import quotas.
2. Special duties.
3. Anti-dumping duties.
4. Establishment of a barrier at minimum prices in the market of the importing country.
5. Countervailing duties. - S. 37.
Special protective measures in terms of the above classification represent a combination of customs tariff measures and measures of direct restriction.
Among the measures of non-tariff regulation of foreign economic activity, one can single out the category of measures related to the implementation of customs or administrative formalities.
These include:
Import taxes (should not be confused with import duties):
Border tax, which is levied on goods for the fact of crossing the border;
Fees associated with the execution of documents at customs, customs inspection of goods, checking its quality;
Other fees (port, statistical, phytosanitary, etc.).
A special type of import tax is sliding import duties, which are widely used in the EU as a protectionist measure in the agricultural sector. By the nature of their action, sliding import duties are similar to customs duties, but unlike them, they constantly change their level depending on the ratio of domestic and world prices for agricultural products.
Import deposits are a cash deposit, against the payment of customs duties, which the importer must pay in local or foreign currency to an authorized bank, before purchasing a foreign product. The amount of the import deposit is set as a certain ratio to the value of the imported goods. - S. 146.
1.2 Special measures of non-tariff regulation.
One of the varieties of administrative and customs formalities is the certification of imported goods and services. Goods imported into the territory of the Russian Federation must comply with the technical, pharmacological, sanitary, veterinary and environmental standards and requirements established in the Russian Federation.
It is prohibited to import goods that do not meet the above standards and requirements, do not have a certificate, marking or mark of conformity in cases provided for by law, are prohibited for use as dangerous consumer goods, have defects that pose a danger to consumers. The procedure for certification of imported goods is regulated by the Law of the Russian Federation "On Certification of Products and Services" and other legal acts.
In order to protect the rights and interests of consumers, counter the unfair practice of distorting information about goods imported into the Russian Federation, including understating their cost, the Government of the Russian Federation has the right to introduce a pre-shipment inspection, including the issuance of a certificate of passing a pre-shipment inspection, in relation to certain goods imported to the Russian Federation .
A special place in a number of non-tariff instruments for regulating foreign economic activity is occupied by currency restrictions and currency control. Currency restrictions are the regulation of operations of residents and non-residents with currency and other currency values. The basic concepts, rights and obligations, provisions governing currency circulation and control are contained in the law of the Russian Federation "On currency regulation and currency control" and other regulations. - S. 97.
An important component of the monetary and economic mechanism for managing foreign economic activity is the establishment of the exchange rate of the national currency in relation to foreign currencies.
In the Russian Federation, the Central Bank of the Russian Federation is the body of state power responsible for ensuring the stability of the ruble. It establishes the official exchange rate of the ruble against the leading foreign currencies, which is used to solve many problems related to foreign economic activity: customs payments and fees, mandatory sale of foreign exchange earnings (until 2008) and others.
The official exchange rate is set taking into account the market exchange rate of the ruble, which can be indicated by quotations on the Moscow Interbank Currency Exchange (MICEX). The Central Bank, being an active participant in trading on the MICEX and using its reserves of national and foreign currencies, also has a significant impact on the formation of the market rate of the ruble. Thus, the state, represented by the Central Bank of the Russian Federation, influences the market and official exchange rate of the ruble, which will largely determine the behavior of exporters, importers, and investors both in the short and long term.
The measures of state regulation of foreign economic activity include various measures that contribute to the development of foreign trade activity. - S. 138.
In accordance with the law "On the Fundamentals of State Regulation of Foreign Trade Activities", the Government of the Russian Federation and the executive authorities of the constituent entities of the Russian Federation, within their competence, carry out, in accordance with international treaties of the Russian Federation, measures (including their financing) that contribute to the development of foreign trade activities:
Lending to participants in foreign trade activities;
Functioning of the system of guarantees and insurance of export credits;
Organization of trade exhibitions and fairs, specialized symposiums and conferences and participation in them;
Previously, a federal export development program was developed, which included five main areas:
Financial support,
tax incentive,
Customs tariff incentives,
Special Events to Support Exports
General economic measures. - No. 7. - S. 24 - 29 ..
Thus, in general, the current legislation in the field of foreign economic activity provides great opportunities for business executives and entrepreneurs to show initiative and independence when working in a foreign market. However, their independence is not unlimited, it is under the influence of the regulatory and coordinating influence of state power and its governing bodies.
Russia's desire to join the World Trade Organization (WTO) at a difficult stage of reforming the domestic economy requires the adoption of urgent measures aimed at protecting the interests of the domestic market and the formation of a foreign economic policy that would meet the requirements of the 21st century. The most promising direction in this regard is the prompt and flexible use of both domestic and foreign technologies for regulating foreign and domestic economic policy.
The practice of applying state regulation of foreign economic activity in advanced foreign countries, despite their declarative adherence to the principles of free trade, testifies to a very strict, often hidden - in order to protect national markets - use of non-tariff barriers.
Since the problems of developing the economy and ensuring economic security are extremely acute in Russia, one of the urgent tasks for our country is the formation of an effective system of measures of non-tariff regulation, or non-tariff restrictions (NTO), of foreign trade.
Development of non-tariff measures to regulate foreign trade
Tariff and non-tariff methods of regulation were first proposed by the Secretariat of the General Agreement on Tariffs and Trade (GATT) in the late 60s. The same Agreement defined NTOs as "any action, other than tariffs, which impedes the free flow of international trade".
A single internationally accepted classification of non-tariff barriers has not yet been developed. The GATT/WTO, the International Chamber of Commerce, the United Nations Conference on Trade and Development (UNCTAD), the International Bank for Reconstruction and Development, the US Tariff Commission, as well as economists and researchers in the field of the world economy offer their classification options.
The classification scheme, developed by the GATT Secretariat in the early 1970s, currently includes more than 800 specific types of non-tariff measures and combines all NTOs into 5 main categories:
1) restrictions caused by the participation of the state in foreign trade operations. These include subsidies and subsidies to exporters or import-substituting industries, the preferred system for placing government orders, the use of local semi-finished products and components under certain conditions; measures that discriminate against the transportation of foreign goods and foreign carriers, etc.;
2) customs and other administrative import and export formalities, such as complicated customs clearance procedures, as well as methods for assessing the customs value and the country of origin of goods; excessive requirements for the necessary documentation for registration;
3) technical barriers to trade: standards and requirements related to environmental, sanitary, veterinary standards, packaging and labeling of goods, rules and procedures for product certification;
4) quantitative and similar administrative measures, in particular import quotas, export restrictions, licensing, voluntary export restrictions, bans, and currency restrictions;
5) restrictions based on the principles of securing payments, namely: taxes, fees, import deposits, sliding taxes, anti-dumping and countervailing duties, border taxation.
This classification of non-tariff restrictions and the catalog compiled on its basis have been widely used in the course of international trade negotiations and have served as a theoretical basis for the formation of NTO classification schemes by other international organizations.
UNCTAD classifies non-tariff restrictions as "all kinds of regulations, actions or other procedures taken by governments which may have a restrictive effect on international trade".
The UNCTAD secretariat has developed its own classification system, which divides all non-tariff restrictions into three groups. The target orientation of the NTO was chosen as the fundamental ranking criterion.
In the early 1980s, in order to accumulate on a comprehensive and systematic basis information on the facts of the use of NTOs and subsequently assess their impact on trade, the UNCTAD Secretariat created a database on non-tariff measures, the systematization of which was based on the differentiation of all NTOs into two classification schemes. The first took into account NTOs applied to specific products (the first part of the database), the second - non-tariff restrictions general(second part of the database). In total, more than 200 types of non-tariff measures were indicated.
Commodity-specific measures were classified into five categories, which were in turn subdivided into 11 sub-categories, 33 sections, 34 sub-sections and 23 articles. The structure of this classification scheme was presented as follows:
3rd category - import permits (non-automatic: discretionary permits - licensing, declaration with confirmation, permits for individual buyers; conditional - permits depending on exports, on the possibility of national supplies, on the purchase of national products, etc.; automatic permits : license for control purposes, automatic licensing, declaration without confirmation, etc.);
5th category - other measures (technical requirements: sanitary and hygienic and veterinary standards, technical standards, packaging and labeling requirements; measures to assist industries competing with imports: subsidizing goods, labor, capital, tax incentives; additional customs formalities; import deposits, etc.).
Currently, UNCTAD classifies non-tariff restrictions on foreign trade into seven categories: para-tariff, price controls, financial, automatic licensing measures, quantitative controls, monopolistic measures, technical measures.
Prohibited for export from the Russian Federation are goods of historical, scientific, artistic or other cultural value, in particular:
cultural values created more than 100 years ago;
movable objects, regardless of the time of their creation, protected by the state and included in the protection lists and registers;
cultural values permanently kept in state and municipal museums and archives. libraries, other state repositories of cultural values of the Russian Federation;
cartographic materials subject to classification in the system of the Federal Service for Geodesy and Cartography of the Russian Federation. A restriction on the import (export) of goods is the establishment of special requirements for the import or export of certain goods. Restrictions on the import and / or export of goods can be established in the form of quantitative restrictions or in the form of a special procedure for their registration upon import / export. Documents confirming the permissions of state bodies for the movement of goods across the state border of the Russian Federation can be divided into 3 groups.
License - a document that allows the export or import of goods within the established time limits, if as a measure of non-tariff settlement, restrictions are introduced on the import into the Russian Federation or export from the Russian Federation of goods, which include quotas and licensing. Licensing of goods can be introduced for individual goods (linked to the product code according to the FEACN of the CIS), countries or groups of countries. On the territory of the Russian Federation, there is a unified procedure for licensing the export and import of goods (including export and import from the CIS countries). Lists of licensed goods (works, services) are established by the Government of the Russian Federation. The issuance of licenses is carried out by the Ministry of Trade of the Russian Federation or its territorial bodies. Issued licenses are not transferable to other persons. Prior to the reorganization of the structure of the Government of the Russian Federation, the functions of licensing the import/export of goods were carried out by the Ministry of Foreign Economic Relations of the Russian Federation (MFER RF). Licenses are issued on forms made on special, counterfeit-proof paper. Licenses can be single or general. A single license is issued to carry out an export or import operation under one contract (agreement) for a period of up to 12 current months from the date of issue of the license. A general license is issued for each type of exported or imported product, indicating its quantity and value without identifying a specific buyer or seller of the product. The basis for the issuance of a general license is the relevant decision of the Government of the Russian Federation, which establishes the validity period of the license.
Permit - a document authorizing the import or export of goods, issued by the relevant controlling organization, the control of which is subject to this product when moving across the customs border of the Russian Federation, on the appropriate forms.
Examples of such permits are certificates of the Ministry of Culture of the Russian Federation for the export of cultural property, permits of the Glavgosvyaznadzor of the Russian Federation for the import of radio electronic equipment and high-frequency devices, permits of the Ministry of Internal Affairs for the import and export of sports and hunting weapons, etc.
Certificates.
Certificate - a document issued by the relevant state authorities, if the measure of non-tariff regulation of foreign economic activity is the certification of imported goods in order to ensure the import into the Russian Federation of goods that meet standards and other national documents, their environmental cleanliness, protection of the territory of the Russian Federation from the importation and spread of especially dangerous infectious diseases of people , animals and plants. For example, a certificate of conformity (safety), hygienic, phytosanitary, etc.
To a certain extent, a measure of non-tariff regulation is state currency regulation, which implies, in particular, the establishment of a procedure for control by state bodies over settlements in foreign currency6 between residents and non-residents. The basic documents developed by the Central Bank of the Russian Federation for the procedure for customs and banking control over the implementation of foreign exchange transactions by residents of the Russian Federation are the export transaction passport (PS) and the import transaction passport (PSi).
Conclusion.
The emergence and development of economic relations between states is the result of the social division of labor on an international scale. International economic relations are an important factor, affecting the level and direction of economic development of the country and its regions. The world economy is developing, and now the trend of global integration, the need to expand the participation of countries in international relations is becoming stronger and stronger.
To implement this, it is required: further improvement of the tariff policy; development of a system of measures of state support for exports, as well as active stabilizing actions in the field of monetary policy and the exchange rate. That is, we are talking here about the comprehensive state regulation of foreign economic activity, and this concept, first of all, includes a purposeful mechanism for a system of measures to improve the economic well-being of the state by supporting competitive national industries in foreign markets and attracting capital to organize new efficient enterprises within the country.
The importance of denationalization of all relations in the transition from a planned system to a market one gives rise to an erroneous idea about the supposed need to eliminate the state from the sphere of economic transformations. What happened in reality, in particular in the Russian transitional economy, the belittling of the role of the state in the hope of an all-powerful creative role of the market led to additional costs and difficulties in the transformation process. That is why measures of non-tariff regulation of foreign economic activity should be developed at the state level, because their implementation will help streamline foreign trade.
List of used literature:
1. Bakaeva, O. Yu. State regulation of foreign economic activity: Textbook / O. Yu. Bakaeva. - M.: Infra-M, 2009. - 319 p.
2. Barabanshchikova, A. T. Foreign economic activity of the enterprise / A. T. Barabanshchikova. - St. Petersburg: Peter, 2008. - 381 p.
3. Beketov, A.A. International regulation of foreign economic activity / A.A. Beketov. - M.: TK Velby, 2007. - 343 p.
4. Garkina, V. A. International trade / V. A. Garkina. - M.: Finance and statistics, 2007. - 339 p.
5. Goremykin, V. A. Foreign trade activities of enterprises: a textbook for universities / V. A. Goremykin. - M.: Higher School, 2008. - 783 p.
6. Kozyrin, A. G. Features of non-tariff regulation of foreign economic activity in Japan / A. G. Kozyrin // World economy. - 2007. - No. 11. - S. 35 - 38.
7. Kosarenko, N. I. International trade / N. I. Kosarenko. - M.: Higher education, 2007. - 320 p.
8. Lyasko, V. I. Foreign economic activity of the enterprise: study guide / V. I. Lyasko. - M.: Infra-M, 2009. - S. 138.
9. Panasenko, S. V. International economic relations: textbook / S. V. Panasenko. - St. Petersburg: Peter, 2007. - S. 217.
10. Sitaryan, S.A. Some features of non-tariff regulation of foreign economic activity / S. A. Sitaryan // Foreign economic activity. - 2006. - No. 7. - S. 24 - 29 ..
11. Shchebarova, N. A. Foreign economic activity: textbook / N. A. Shchebarova. - M.: Finance and statistics, 2007. - 279 p.
Test:
1. Non-tariff methods of regulation of foreign economic activity are:
a) a set of methods of state regulation of foreign economic activity;
b) a set of methods of state regulation of foreign economic activity, aimed at influencing the processes in the field of foreign economic activity, but not related to customs and tariff methods of state regulation;
c) implementation of the licensing procedure for the export and (or) import of certain types of goods.
2. Measures of direct restriction include:
a) licensing;
b) quoting;
c) licensing and quotas.
3. Quota is:
a) a restriction in value or physical terms, imposed on the import or export of specific goods for a certain period of time;
b) the introduction of temporary quantitative restrictions on the export or import of certain types of goods;
c) implementation of the licensing procedure for export.
4. Goods imported into the territory of the Russian Federation must comply with:
a) technical, pharmacological;
b) sanitary, veterinary;
c) technical, pharmacological, sanitary, veterinary and environmental standards and requirements.
5. Groups of measures when importing goods:
a) import quotas, anti-dumping duties;
b) establishment of a barrier at minimum prices in the market of the importing country, anti-dumping duties;
c) import quotas, special duties, anti-dumping duties, the establishment of a barrier at minimum prices in the market of the importing country, countervailing duties.
6. What are the restrictions and control in a number of non-tariff instruments for regulating foreign economic activity:
a) currency;
b) certification;
c) cost.
7. The license is:
a) a document authorizing the import or export of goods, issued by the relevant controlling organization, the control of which is subject to this product when moving across the customs border of the Russian Federation, on the appropriate forms.
b) a document authorizing the export or import of goods within the established time limits, if as a measure of non-tariff settlement, restrictions are introduced on the import into the Russian Federation or export from the Russian Federation of goods, which include quotas and licensing.
8. Certificate is:
a) price controls, financial measures, automatic licensing measures, quantitative controls, monopolistic measures, technical measures.
b) a document issued by the relevant state authorities, if the measure of non-tariff regulation of foreign economic activity is the certification of imported goods in order to ensure the import into the Russian Federation of goods that meet standards and other national documents, their environmental cleanliness, protection of the territory of the Russian Federation from the importation and spread of especially dangerous infectious diseases of people , animals and plants.
9. Non-tariff methods of state regulation of foreign economic activity can be divided into:
a) into 4 groups;
b) into 3 groups;
c) into 5 groups.
10. What quotas apply to individual countries:
a) seasonal and so-called "voluntary";
b) off-season;
c) voluntary and non-seasonal.
11. Customs and tariff regulation is
a) any movable property moved across the customs border, as well as transport vehicles classified as immovable things moved across the customs border.
b) the method of state regulation of foreign trade in goods, carried out by applying import and export customs duties.
c) export of goods from the customs territory of the Russian Federation without obligation to re-import.
12. Non-tariff regulation of foreign trade covers:
a) three large groups measures;
b) four groups of measures;
c) two large groups of measures.
13. Currently, among these measures, the most important in terms of the scale of use and conflict in the world market are:
a) anti-dumping measures:
b) technical measures;
c) monopoly measures.
14. Domestic (equalizing) taxes and fees:
a) are charged at the time of movement of foreign trade goods across the customs border and customs clearance;
b) are levied on goods in the domestic market of the importing country;
c) levied on imported goods in excess of customs duties and taxes.
15. Quality control is:
a) certificate of conformity, technical, pharmacological, veterinary, ecological, phytosanitary;
b) prohibition of export or import of certain goods;
c) control of import prices, a system of methods for determining the customs value of goods, determining the country of origin of goods.
16. Foreign economic activity programming:
a) organization of exhibitions, fairs, symposiums, conferences; advertising companies for the development of exports; Information Support;
b) federal programs, regional programs, sectoral programs;
c) a list of measures to protect the trade interests of the Russian Federation.
17. An embargo is:
a) a set of measures of state regulation;
b) modification of voluntary export restrictions;
c) a ban that applies to the import or export of certain goods or to the performance of foreign trade operations with a particular state.
18. Export quotas:
a) are introduced by the state in accordance with international stabilization agreements;
b) is used by the state to protect domestic producers, regulate supply and demand;
c) is introduced for a certain period of time when the domestic market needs state protection.
19. What are the types of licenses:
a) individual, general;
b) individual, general, automatic;
c) state, automatic, general.
20. The decision to issue a license or refuse to issue a license is made within:
a) 25 days from the date of receipt of the application with all necessary documents;
b) 14 days from the date of receipt of the application with all necessary documents;
c) 7 days from the date of receipt of the application with all necessary documents;
Test answers: 1-b; 2-in; 3-a; 4-in; 5-in; 6-a; 7-b; 8-b; 9-b; 10-a; 11-in; 12-in; 13-a; 14-b; 15-a; 16-b; 17-in; 18-a; 19-b; 20-a.
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Measures of non-tariff regulation
What are non-tariff measures? In what cases are they used? What is included and what are they? About this - in our article!
Methods of non-tariff regulation are used by the state in order to influence foreign economic activity. It should be noted that these measures are not customs and tariff instruments of state regulation.
The use of non-tariff (or, more precisely, administrative) regulation measures allows the state to act in the field of foreign economic activity flexibly, but at the same time quite effectively, which is especially important in the context of numerous international free trade agreements.
Why are non-tariff measures needed?
Members of the WTO (an organization that includes 161 states, including Kazakhstan) cannot simply introduce any state protectionist measures in international trade without special reasons. However, in some cases, international treaties imply certain regulation by state institutions. This regulation is just carried out with the help of non-tariff methods.
What could be the reasons for using non-tariff methods of foreign trade regulation? For example, imported goods are much cheaper domestic analogues and threatens to harm a single industry by disrupting competition in the domestic market. Or the export/import of any commodity may harm the country's security. Also, in the event of a threat to cultural property, non-tariff regulatory measures can be applied without regard to the generally accepted rules of free trade.
Within the framework of the Customs Union of the EAEU, which includes the Republic of Kazakhstan, non-tariff regulation is allowed. This concept implies a set of restrictions on foreign economic trade. Includes a number of measures.
What can be measures of non-tariff regulation?
Non-tariff methods of regulation, which are used by various states, can be divided into 3 main groups:
- direct restrictions;
- special non-tariff methods;
- administrative methods.
Let's consider each group in more detail.
Direct Restrictions:
The measures of the first group include licensing and quotas.
Licensing implies the issuance by the state of permits (licenses) for the export and import of certain types of goods that require regulation.
Licenses can be single, general and exclusive.
Without a state license, the export or import of regulated products is impossible.
Quota- no less popular instrument of non-tariff regulation. Allows you to enter quantitative and cost restrictions for both imported and exported goods.
Quotas can be individual, global, seasonal and tariff.
As a rule, quotas are used as a temporary measure to regulate foreign economic activity for a certain period.
Special non-tariff methods:
- Anti-dumping duties are applied by the state in case of a threat to one of the industries due to an excessively low price of an imported product.
- Countervailing duties make it possible to neutralize the advantage of foreign exporting companies receiving support from their state.
- Special duties are used when there is a risk of damage to the economic industry and are introduced only in exceptional cases after a government investigation.
Import quotas - restrictions on the import of certain categories of goods into the country. Regulates either the volume or the cost of the goods.
Administrative and other methods:
These include measures such as taxes and fees on imported goods, certification, and some other regulatory methods.
In addition, non-tariff regulation measures include methods that are not included in the listed categories - export support, foreign exchange controls and restrictions, exchange rate management.
Not every businessman can easily understand the intricacies of all these regulatory methods. But with the help of good consultants, it is not difficult to conduct successful foreign economic activity. The AGAPAS company is your reliable compass in the world of foreign economic activity.
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The regulation of foreign economic activity in all countries of the world is based on a combination of measures of tariff (economic) and non-tariff (administrative) regulation.
In countries with a market economy, economic instruments for regulating foreign trade are used to a greater extent, affecting the import and export of goods and the formation of a domestic market for goods through the mechanism of customs duties. When using these instruments, buyers of goods retain complete freedom of choice between imported and similar domestically produced goods, which is one of the most important conditions for the functioning of normal market relations. The effectiveness of such a mechanism largely depends on the range of imported goods, demand in the domestic market and supply of manufacturers of competing domestic products and is mainly regulated by raising or lowering customs duty rates depending on market conditions.
However, the use of economic measures to regulate foreign trade in its pure form, firstly, does not always give the desired positive result, and, secondly, economic measures have an unequal effect on the supply of goods to the country by large and small firms, thereby initially placing them in unequal conditions. . Therefore, in most countries, along with economic measures, administrative measures to regulate foreign trade are also widely used, directly restricting the import and export of goods, protecting the domestic market both from excessive import supplies and from the possibility of a shortage of domestic goods. At the same time, it is true , the buyer is limited in the right of free choice between domestic and imported goods.
Non-tariff measures of state regulation of foreign trade, depriving buyers of a free choice of goods and thereby weakening the competition of domestic goods with foreign ones, it would seem, should undermine the market mechanism. But this is not the case, because such measures are taken in relation to the supply of a relatively small group of goods or for a limited period of time and are intended to solve certain economic and social problems that require prompt intervention by the state. Thus, non-tariff measures do not destroy the domestic market of the country, but, on the contrary, contribute to its normal functioning.
At present, in almost all developed countries, non-tariff measures are the main, and in a number of countries (for example, in Japan, New Zealand, Sweden, Australia, etc.) the only means of state regulation of the export of goods. Similarly, a number of market economies are implementing their economic policies regarding the import of goods. So, for example, through licensing and “voluntary” restriction of export prices (that is, when the exporter agrees to maintain the price of his goods not below a certain level), the countries of the European Union and the United States regulate imports of textile, clothing, footwear, ferrous metallurgy, machine tools , home appliances and cars from less developed countries.
And Russia in this sense is no exception. The use of non-tariff regulation measures in the conditions of independent foreign trade operations by a large number of companies makes it possible to influence the growth of the foreign trade deficit, equalize the trade and payment balances, more rationally manage foreign currency in case of its acute shortage for the purchase of goods most needed in the country abroad, mobilize foreign exchange reserves for servicing external debt Russia.
At present, measures of non-tariff regulation of foreign trade in Russia include:
– a ban on the import and export of certain goods;
– quotas and licensing of exports and imports;
– Permit system for import and export of certain goods;
– certification of certain goods for safety and compliance with existing state standards;
– export control procedure;
– the procedure for declaring goods.
Let us consider these measures and some features of their application in more detail.
Prohibition of import and export of certain goods is established based on considerations of state security, protection of public order, morality of the population, human life and health, protection of the artistic, historical and archaeological heritage of the peoples of Russia and foreign countries, including intellectual property, protection of the interests of Russian consumers of imported goods and based on other interests Russian state.
In accordance with the current Russian legislation, the following are prohibited for export from Russia:
- firearms of all types and ammunition for them, edged weapons of all types, military equipment;
– narcotic, psychotropic, radioactive, explosive, poisonous, flammable and other dangerous substances;
– Russian and foreign currency in excess of the established amounts, other currency values (securities in foreign currency, precious metals, natural precious stones);
- bonds of government loans and lottery tickets of the Russian Federation, canceled securities;
- printed and audiovisual materials, as well as other visual products that could harm the interests of the state, as well as the rights of citizens;
- gemstone raw materials, minerals, rock, etc. (with the exception of souvenirs sold in a retail network);
- representatives of flora and fauna listed in the Red Book;
– undeveloped photosensitive materials;
- works of art and other items of artistic, historical, scientific or other cultural value.
It is forbidden to import into Russia the goods specified above under paragraphs 1, 2, 5, 8, as well as Russian currency in excess of the established amounts, color copying equipment, transmitting and receiving-transmitting devices of any capacity (with the exception of some models of Panasonic radio telephones ), raw materials, products of animal and vegetable origin, sausages homemade, dairy and fish products, seeds and planting material, medicines and vitamin preparations.
The ban on the movement of these goods across the customs border is not absolute, and such movement in some cases is possible with the permission of the relevant state authorities. Such cases will be described below when considering the licensing system for the import and export of certain goods as a measure of non-tariff regulation of foreign economic activity.
The most common measures of non-tariff regulation are quotas and licensing– measures of quantitative limitation of export-import operations. The purpose of these measures is to restrict the import or export of any particular product, either to all countries (or from all countries), or to specific individual countries (or from them). These measures are often linked. In particular, licensing is used as a mechanism for allocating quotas by issuing licenses to specific importers before the quota is exhausted.
Quotas are quantitative restrictions that establish the maximum volume or value of goods moved across the customs border.
The global quota for the export of goods from Russia was introduced in 1993 to prevent a shortage in the domestic market of those goods, the sale of which on the foreign market provided higher incomes. Basically, export quotas were used to limit the export of consumer goods, raw materials and, at the same time, assumed a system of strict licensing. Quotas were divided into two groups: administratively distributed quotas and quotas for auction sale. The first group included quotas provided for the fulfillment of international obligations of the state, regional quotas, quotas of individual enterprises. The second group included quotas intended for sale at auction, as well as unsold quotas of regions and enterprises. The distribution of quotas on a competitive basis through exchange auctions ensured the openness of their receipt and certain guarantees of their practical implementation. Such a procedure for the export of certain types of goods was necessary in the context of the rapid liberalization of foreign economic activity in the country and the transition of its economy to the conditions of market relations. Currently, export quotas are not applied.
Import quotas involve the use of individual, tariff, seasonal, global and other restrictions on the supply of imported goods to the country. Individual quotas involve the distribution of the total number of goods allowed for import by supplying countries. Tariff quotas allow imports in a certain volume under a more favorable customs regime, and for imports in excess of this volume, a less favorable regime is established, up to a virtual ban on imports. Seasonal quotas are set for a certain time of the year - during the peak of domestic production of similar goods (as a rule, this applies to agricultural products). Global quotas, which are the main type of quotas used in world practice, establish the amount of total imports of any product without distributing it among supplier countries, which gives the national importer complete freedom to choose the supplier country. There are also cases of establishing import quotas as a percentage of the value of exports or purchases of a particular product in the domestic market in order to encourage the national producer.
Licensing is also a form of state accounting and control over the import and export of certain goods. The issuance of licenses is usually accompanied by quotas. A license is a special document authorizing the performance of foreign trade operations for a certain period of time or with a certain amount of goods. Licensing is used to regulate both exports and imports in order to limit the export of goods needed in the domestic market, improve the financial situation of the country, rational use of foreign currency and control the flow of foreign exchange earnings into the country.
The main types of licenses used in modern world practice are general and individual (single) licenses. A general license is a permanent permit for any person to import certain goods from the countries listed in it without limitation of volume and value. An individual license is issued as a one-time permit for one trading operation with a specific type of product (sometimes with several products included in one product group). A one-time license has a limited validity period (usually up to one year) and is issued for the purchase of goods included in the import control list, or goods originating from countries with which trade is controlled.
Together with licenses or instead of them, special import permits may also be issued, which are usually issued by authorities that control a particular area of the economy (for example, the Ministry of Agriculture of the Russian Federation, etc.). Prior authorization is also required for imports of goods whose imports are regulated for reasons of health, safety, environmental protection, etc.
The system for issuing permits for the import into or export from the country of certain goods is a more liberal measure of non-tariff regulation of foreign trade activities compared to licensing and is based, as already mentioned, on obtaining permits for the movement of goods across the customs border in the relevant ministries and departments that control the circulation of these goods in the country. Let us give a number of examples
In Russia, there is a unified regime for export-import operations with medicines based on the relevant permits issued by the Ministry of Health of the Russian Federation to business entities registered in the Russian Federation, regardless of their form of ownership, without the right to transfer these licenses to other persons. the right to practice commercial activities for the sale of medicinal products, the charter, which stipulates this type of activity, as well as a signed or initialed contract. A permit is issued for each type of goods, regardless of their quantity under the submitted contract (with the exception of several types of goods included in a single commodity item of the TN VED).
The export and import of narcotic drugs, psychotropic substances and poisons is regulated by the relevant regulation approved by the Government of the Russian Federation in strict accordance with the requirements of the current UN conventions. Purchase abroad and import to Russia of radio-electronic means and high-frequency devices is allowed in the presence of the corresponding permissions of Gossvyaznadzor of the Russian Federation. The Ministry of Internal Affairs of the Russian Federation issues a permit for the movement of non-military weapons and ammunition across the border. Chemical means of plant protection are subject to passing through the customs border only upon submission to the customs authority of the relevant permission of the Ministry Agriculture and food of the Russian Federation. Foreign trade turnover of cultural property is carried out with the permission of the Ministry of Culture of the Russian Federation. There are a number of other goods, the movement of which across the customs border requires an appropriate permit from the State Plant Quarantine Inspectorate of the Russian Federation, the Veterinary Department of the Russian Federation and other competent authorities.
The next measure of state regulation of foreign trade is certification goods. Currently, the whole world attaches great importance to the quality of imported goods. And Russia in this sense is no exception. Thus, the Law of the Russian Federation "On the Protection of Consumer Rights" establishes the rights of consumers to purchase goods of good quality and safe for life and health. The Law of the Russian Federation "On State Regulation of Foreign Trade Activities" imposes certain requirements on the quality of goods, noting that goods imported into Russia must comply with technical, pharmacological, sanitary, veterinary, phytosanitary and environmental standards and requirements. It is prohibited to import into Russia goods that do not meet these requirements, do not have certificates of conformity and proper labeling.
In this way, certification is a procedure for establishing the conformity of properly identified products with the norms and requirements in force in a particular region. Certification aims to improve the quality of manufactured and imported goods, additional guarantee for consumers of the quality of consumed goods, their compliance with certain standards and requirements, ultimately improving the quality of life of the country's population. which is updated and updated periodically.
The product quality certification system also involves its hygienic, veterinary and phytosanitary assessments, which are carried out by the relevant competent authorities according to specially established rules.
The issuance of a certificate of conformity of goods and the establishment of its validity period are carried out by the certification body, taking into account the validity period of regulatory documents for certified products, the availability and validity period of the quality certificate, the service life (shelf life) of products and the validity period of the hygiene certificate
Checking the availability of certificates of conformity when importing goods subject to mandatory certification into the territory of Russia is provided for during customs clearance at designated places in the region of the customs authority in which the recipient of these goods is located, that is, in internal customs. In the absence of certificates of conformity, the goods are placed in a customs warehouse After two months, if certificates of conformity are not presented, the goods must be exported outside the customs territory of Russia.
If during the customs clearance of goods a counterfeit or a certificate of conformity issued with violations, as well as its incorrect application, the customs authority must notify the certification body that issued the certificate, as well as the owner of the goods or its manufacturer. At the same time, the consignment of goods being processed must not be released from the customs warehouse for free circulation.
The legislation provides for the responsibility of both the manufacturer and the performer and seller for the release or sale of low-quality products, inaccurate information about the quality and rules for using the goods, as well as for violation of the rules for certification of goods. At the same time, losses caused to consumers of goods are subject to compensation in full.
Export control procedure is, perhaps, the most difficult measure of non-tariff regulation of foreign economic activity from the point of view of objects of control. This procedure concerns the sphere of Russian export of materials, equipment and technologies that can be used in the creation of weapons and military equipment, chemical, bacteriological, nuclear weapons, rocket delivery vehicles, that is, goods called dual-use goods.
The export control procedure is quite complicated and could be a separate topic of the lecture. Due to its special importance, this procedure is regulated in sufficient detail in the current customs legislation. V general view export control provides for:
1) availability of a complete list of controlled goods,
2) guaranteed use of controlled goods exclusively for peaceful purposes;
3) licensing of export of dual-use goods and services;
4) obligations to prevent unauthorized re-export of controlled goods.
Among the measures of non-tariff regulation we have included declaration procedure, which, as we noted earlier, is a statement by the declarant in the established form of accurate information about the goods and Vehicle ah, about their customs regime and other information necessary for customs purposes.
Summarizing all of the above, we emphasize once again that the considered measures of non-tariff regulation of foreign economic activity perform the functions of protecting the domestic market from unwanted competition of foreign goods, are used as a tool for ensuring strict state control over foreign trade operations, as a tool for obtaining trade and political concessions from countries - trading partners and promote the development of national production of goods.
1. Arutyunyan N.M. Legal regulation of customs payments: Uch. allowance. M.: Jurisprudence, 2000.
2. Baramzin S.V. Goods quality certification as a method of non-tariff regulation. M.: RIO RTA, 1996.
3. Ershov A.D. Determination of the country of origin of goods. St. Petersburg: St. Petersburg im. V.B. Bobkov, RTA branch, 1996.
4. Zaborskaya N.A. Customs payments when importing goods // Glavbukh, 1999, No. 10.
5. Zlobina L.V. Customs payments when importing goods // Glavbukh, 2001, No. 9.
6. Kozyrin A.N. Commentary on the Law of the Russian Federation "On the Customs Tariff". M.: Statute, 2001.
7. Kozyrin A.N. Indirect taxes in the mechanism of customs and tariff regulation // Finance, 1994, No. 9.
8. Kozyrin A.N. Taxable base in the calculation of customs payments // Accounting, 2000, No. 17.
9. Kozyrin A.N. Customs duty. M.: Spark, 1998.
10. Kozyrin A.N. Customs fees in the system of customs payments // Tax Bulletin, 1998, No. 10.
11. Licensing of certain types of activities: Collection of normative acts and documents. In 2 volumes / Comp. N.N. Zakharova and others. M.: Spark, 1995.
12. Manokhina V.V. Measures of non-tariff regulation of foreign economic activity // FORUM. Method, collection. Issue. 4. M.: RIO RTA, 1998. S. 126-158.
13. Novokshonov I. Customs and tariff regulation of foreign trade // Law and Economics, 1999, No. 3.
14. Fundamentals of customs: Textbook / Ed. ed. V.G. Draganov; Ros. customs acad. State Customs Committee of Russia. M.: Economics, 1998.
15. Fundamentals of customs: Uch. allowance in 7 issue. Issue. Ill: Economic activity of customs authorities / Nauch. ed. V.M. Krasheninnikov. M.: RIO RTA, 1996.
16. Semyaninov A.G., Krasheninnikov V.M., Naumov V.V. Taxes and customs payments: Uch. allowance. M.: RIO RTA, 1995.
17. Customs payments, 98. M .: Center for Economics and Marketing, 1998.
18. Customs law: Textbook / Ed. ed. A.F. Nozdrachev. M.: Jurist, 1998. 19. Timoshenko I.V. Customs regulation of foreign economic activity. Moscow: Berator-Press, 2003.
20. Timoshenko I.V. Customs law of Russia. Series "Textbooks, teaching aids". Rostov n/a: Phoenix, 2001.
21. Management of foreign economic activity of business entities in Russia: Uch. allowance / Ed. E.E. Batisi. M.: INFRA-M, 1998.
22. Shepenko R.A. Features of the application of additional and special duties // Tax Bulletin, 1999, No. 11.
Regulations:
1. Customs Code of the Russian Federation dated June 18, 1993 No. 5221-1 (as amended on June 30, 2002) // Russian newspaper, 1993, July 21.
2. Tax Code of the Russian Federation. Part one of July 31, 1998 No. 146-FZ (as amended on December 30, 2001) // Collection of Legislation of the Russian Federation, 1998, No. 31. Art.3824.
3. Tax Code of the Russian Federation. Part two dated August 5, 2000 No. 117-FZ (as amended on December 31, 2002) // Rossiyskaya Gazeta, 2000, August 10.
4. Law of the Russian Federation of May 21, 1993 No. 5003-1 "On the customs tariff" (as amended on December 24, 2002) // Vedomosti Supreme Council RF, 1993, No. 23. Art.821.
5. Federal Law of October 13, 1995 No. 157-FZ “On State Regulation of Foreign Trade Activities” (as amended on February 10, 1999) // Collection of Legislation of the Russian Federation, 1995, No. 51. Article 5681.
6. Law of the Russian Federation of February 7, 1992 No. 2300-1 “On the Protection of Consumer Rights” (as amended on December 30, 2001) // Collection of Legislation of the Russian Federation, 1999. No. 51. Article 6287.
7. Law of the Russian Federation of June 10, 1993 No. 5151-1 "On certification of products and services" (as amended on January 10, 2003) // Rossiyskaya Gazeta, 1993, June 25.
8. Decree of the President of the Russian Federation of February 22, 1992 No. 179 “On the types of products (works, services) and production waste, the free sale of which is prohibited” (as amended on December 30, 2000) // Rossiyskaya Gazeta, 1992, March 16.
9. Decree of the President of the Russian Federation of December 1, 2000 No. 1953 “Issues of military-technical cooperation between the Russian Federation and foreign states” (as amended on October 21, 2002) // Collection of Legislation of the Russian Federation, 2000. No. 49. Art.4799.
10. Decree of the Government of the Russian Federation of December 7, 1996 No. 1461 “On the procedure for determining the customs value of goods exported from the customs territory of the Russian Federation” // Collection of Legislation of the Russian Federation, 1996, No. 51. Article 5815.
11. Decree of the Government of the Russian Federation of December 15, 2000 No. 973 "On the export and import of nuclear materials, equipment, special non-nuclear materials and related technologies" (as amended on October 3, 2002) // Collection of Legislation of the Russian Federation, 2000, No. 52 ( Part II) Art.5153.
12. Decree of the Government of the Russian Federation of October 31, 1996 No. 1299 "On the procedure for holding tenders and auctions for the sale of quotas when carrying out quantitative restrictions and licensing the export and import of goods (works, services) in the Russian Federation" (as amended on December 15, 2000 ) // Collection of Legislation of the Russian Federation, 1996, No. 46. Article 5249.
13. Decree of the Government of the Russian Federation of December 25, 1998 No. 1539 “On the import into and export from the Russian Federation medicines and pharmaceutical substances” (as amended on May 23, 2002) // Collected Legislation of the Russian Federation, 1999, No. 1. Art.190.
14. Regulations on the procedure and conditions for declaring the customs value of goods imported into the territory of the Russian Federation. Approved by order of the State Customs Committee of Russia dated January 5, 1994 No. 1 (as amended on May 23, 2002) // Customs Bulletin, 1997, No. 7.
15. Rules for the application of the procedure for determining the customs value of goods exported from the customs territory of the Russian Federation. Approved by order of the State Customs Committee of Russia dated August 27, 1997 No. 522 (as amended on May 23, 2002) // Bulletin of normative acts of the federal executive authorities of the Russian Federation, 1998, No. 1.
16. Instructions on the collection of customs fees for customs clearance. Approved by order of the State Customs Committee of Russia dated November 9, 2000 No. 1010 // Rossiyskaya gazeta, 2001, January 10.
17. Order of the State Customs Committee of Russia dated March 26, 2001 No. 303 “On the practice of customs administration in relation to large payers” // Customs Gazette, 2001, No. 9.
18. Order of the State Customs Committee of Russia dated May 23, 1994 No. 217 “On the procedure for importing goods subject to mandatory certification into the territory of the Russian Federation” // Rossiyskie vesti, 1994, No. 118.
19. Order of the State Customs Committee of Russia dated March 19, 1996 No. 149 “On licensing the export of certain types of goods” (as amended on December 24, 2001) // Customs Bulletin, 1999, No. 8.
20. Order of the State Customs Committee of Russia dated March 19, 1996 No. 150 “On licensing the import of certain types of goods” (as amended on December 24, 2001) // Customs Bulletin, 1996, No. 10.
21. Order of the State Customs Committee of Russia dated May 23, 1996 No. 315 “On control over the export of goods that can be used to create weapons of mass destruction and missile means of their delivery” (as amended on August 12, 2002) // Customs Bulletin, 1996 , No. 9.
22. Order of the State Customs Committee of Russia dated September 23, 1996 No. 580 “On the procedure for importing into the Russian Federation and exporting from the Russian Federation narcotic drugs, potent and poisonous substances” // Customs Bulletin, 1996, No. 20.
23. Order of the State Customs Committee of Russia dated May 18, 2001 No. 511-r “On the procedure for paying customs duties by individuals” (as amended on November 22, 2002) // Customs Gazette, 2001, No. 8.
24. Letter of the State Customs Committee of Russia dated June 29, 1999 No. 01-15 / 17924 “On accounting for debts in the payment of customs payments, penalties, interest, fines and work on its repayment” // Customs Gazette, 1999, No. 9.
25. Letter of the State Customs Committee of Russia dated March 13, 2000 No. 01-06 / 6088 “On accounting for the costs of delivery of goods when determining the customs value of imported Goods” // Customs Bulletin, 2000, No. 8
Questions for self-control:
1. What is a "customs tariff", what is the origin of this concept?
2 What examples of administrative measures of customs and tariff regulation can you name?
3. What is a "customs duty" and what is its fundamental difference from other types of customs payments?
4. What are the types of customs duty rates and who determines the size of these rates?
5. What is a “commodity grouping system” as an element of a customs tariff and how is it built?
6. What is the customs value and how is it determined?
7. Do the methods for determining the customs value of goods imported and exported from the country coincide?
8. What is the difference between customs value and invoice value?
9. Who should determine the customs value of goods: the declarant, an official of the customs authority or someone else?
10. What are the three mandatory conditions for determining the customs value at the transaction price of identical or similar goods can you name?
11. What are the types of customs duties?
12. What is the basis for the formation of an anti-dumping duty?
14. List the types of customs payments.
15. Who is entitled to pay customs payments in respect of
through the customs border of goods, and who is obliged to pay for them? Who is responsible for this?
16 Who can act before the customs authorities as a guarantor of payment of customs duties?
17. What forms of security for the payment of customs duties can you name?
18. In what currency are customs payments paid?
19. What are “single rates of customs payments”, where and when are they applied?
20. "Deferred payment of customs payments" and "installment payment of customs payments" - is it the same thing? If not, what's the difference?
21. Are measures of non-tariff regulation of foreign economic activity and measures of economic policy the same thing or not? Justify your answer.
22. To achieve what goals of the customs business (economic, regulatory or law enforcement) are the measures of non-tariff regulation of foreign economic activity aimed? Justify your answer.
23. What is "licensing" and what is "quota" of foreign trade detail?
24. What characterizes the export control procedure as a measure of non-tariff regulation of foreign economic activity?
25. What types of customs payments are exempt from consular missions when they cross the customs border of Russia?
Topic 6. Customs benefits
Questions:
1. The concept and types of customs benefits.
3. Tariff benefits and the procedure for their provision.
The process of moving goods and vehicles across the customs border involves compliance with the conditions that make up the content of non-tariff regulation of foreign economic activity. In accordance with paragraph 17 of Art. 2 of the Federal Law "On the Fundamentals of State Regulation of Foreign Trade Activity", non-tariff regulation is understood as a method of state regulation of foreign trade in goods, carried out by introducing: -
quantitative restrictions; -
other prohibitions and restrictions of an economic nature.
According to Art. 20 and part 2 of Art. 21 of the Federal Law "On the Fundamentals of State Regulation of Foreign Trade Activities" The Government of the Russian Federation, for exceptional purposes, may establish: 1)
temporary restrictions or prohibitions on the export of goods to prevent or reduce a critical shortage in the domestic market of the Russian Federation of food or other goods that are essential for the domestic market of the Russian Federation (the list of goods that are essential is determined by the Government of the Russian Federation); 2)
restrictions on the import of agricultural goods or aquatic biological resources imported into the Russian Federation in any form, if necessary:
a) reduce the production or sale of a similar product of Russian origin;
b) reduce the production or sale of goods of Russian origin, which can be directly replaced by imported goods, if there is no significant production of a similar product in the Russian Federation;
c) remove from the market a temporary surplus of a similar Russian-made product by providing such a product to certain groups of Russian consumers free of charge or at below market prices;
d) remove from the market a temporary surplus of goods of Russian origin, which can be directly replaced by imported goods. If there is no significant production of a similar product in the Russian Federation, by providing the existing surplus of such a product to certain groups of Russian consumers free of charge or at below market prices;
e) restrict the production of products of animal origin, the production of which depends on the goods imported into the Russian Federation, if the production in the Russian Federation of a similar product is relatively insignificant.
Lists of food and agricultural products are determined by the Government of the Russian Federation.
If a decision is made to introduce quantitative restrictions (quotas), the Government of the Russian Federation determines the method for distributing the quota and, in the appropriate case, establishes the procedure for holding a tender or auction. The distribution of the quota is based on the equality of participants in foreign trade activities in relation to obtaining a quota and their non-discrimination on the grounds of ownership, place of registration or market position (Article 23 of the Federal Law "On the Fundamentals of State Regulation of Foreign Trade Activities").
Other prohibitions and restrictions of an economic nature include licensing and the application of special protective measures, anti-dumping and countervailing measures.
On the basis of Article 24 of the Federal Law "On the Fundamentals of State Regulation of Foreign Trade Activities", licensing in the field of foreign trade is established in the following cases: 1)
introduction of temporary quantitative restrictions on the export or import of certain types of goods; 2)
implementation of the licensing procedure for the export or import of certain types of goods that may adversely affect the security of the state, the life or health of citizens, the property of individuals or legal entities, state or municipal property, the environment, the life or health of animals and plants; 3)
granting the exclusive right to export and (or) import certain goods; 4)
fulfillment of the Russian Federation's international obligations.
Special protective measures, anti-dumping measures and countervailing measures may be introduced in accordance with federal law when importing goods to protect the economic interests of Russian producers of goods (Article 27 of the Federal Law "On the Fundamentals of State Regulation of Foreign Trade Activities").
In addition to measures of tariff and non-tariff regulation of foreign trade in goods in accordance with international treaties of the Russian Federation and federal laws, as well as based on national interests, measures may be introduced that are not of an economic nature and affect foreign trade in goods (Article 32 of the Federal Law "On the Fundamentals of State Regulation of Foreign Trade activities”), if these measures are necessary: -
to comply with public morals or law and order; -
to protect the life or health of citizens, the environment, the life and health of animals and plants; -
relate to imports or exports of gold or silver; -
used to protect cultural property; -
to prevent exhaustion of irreplaceable natural resources and are carried out simultaneously with the restriction of domestic production or consumption associated with the use of irreplaceable natural resources; -
for the acquisition or distribution of goods in case of a general or local shortage; -
to fulfill the international obligations of the Russian Federation; -
to ensure the defense of the country and the security of the state; -
to ensure compliance with regulatory legal acts of the Russian Federation that do not contradict international treaties of the Russian Federation, including:
a) application of the customs legislation of the Russian Federation;
b) submission to the customs authorities of the Russian Federation simultaneously with the cargo customs declaration of documents on the compliance of goods with mandatory requirements;
c) environmental protection;
d) obligations in accordance with the legislation of the Russian Federation to export or destroy goods that do not meet technical, pharmacological, sanitary, veterinary, phytosanitary and environmental requirements;
e) prevention and investigation of crimes, as well as legal proceedings and enforcement of court decisions in relation to these crimes;
f) protection of intellectual property;
g) granting the exclusive right to export and/or import certain types of goods.
Non-tariff regulation measures are a mechanism of state regulation of foreign trade policy, including economic (except for the customs tariff), administrative and technical conditions that restrict or impede free trade between states.
Economic measures of non-tariff regulation include: customs value control, currency control, financial measures, protective measures and additional customs duties.
Customs value control category by application. maximum and minimum prices when moving goods across the customs border has acquired a new meaning after the transition of the Russian economy to market relations. In international trade practice, the use of various national methods for determining the customs value is considered as a non-tariff barrier. This gives the state a real opportunity to strengthen the protectionist orientation of customs duties and taxes.
In all countries of the world, including Russia, the foreign exchange market is regulated by the state. Along with the measures of state regulation of prices, currency control methods are used that complement the traditional means of customs regulation. Currency control in the field of customs involves control over the movement of currency and currency values across the customs border by all participants in customs legal relations and the fulfillment of the requirement to credit foreign exchange earnings from the export of goods by a subject of foreign economic activity to an account in an authorized bank. The purpose of currency control is to prevent concealment of proceeds Money in foreign currency or in the currency of the Russian Federation.
The main goal of monetary policy is aimed at maintaining the stability of the national currency, ensuring the convertibility of the currency, and increasing its prestige in the world market. The depreciation of the national currency leads to an increase in national exports, because in this case, the exporters' foreign exchange earnings increase in volume. An increase in the exchange rate of the national currency is beneficial for importers, since the costs of purchasing imported goods are correspondingly reduced. The main point of the system of regulation of foreign exchange transactions in the export of goods is the requirement for the mandatory sale of part of the foreign exchange earnings to the state.
VAT, excises and other taxes are used as non-tariff measures for regulating foreign economic activity, aimed at protecting the interests of domestic producers and stimulating the competitiveness of domestic goods, along with tariff regulatory measures. Therefore, these taxes regulate the price of imported goods in the domestic market and protect domestic goods from foreign competition.
Special types of taxation within the framework of non-tariff regulation include anti-dumping, countervailing and special duties. The general condition for the application of special types of duties is that they may be applied only when the importation of goods causes or may cause damage to domestic producers of such goods, or may prevent the establishment or expansion of the production of such goods. The imposition of these types of duties requires preliminary special investigations.
At the present stage in Russia, it is necessary to create an effective mechanism for identifying trade barriers to the promotion of export Russian goods to the international market, as well as an information base and an institution of expert assessments to prove damage or threat of damage to domestic producers from excessive imports of goods.
Administrative measures of non-tariff regulation include prohibitions (embargoes), licensing, quotas, and an export control system.
Embargo - prohibition or restriction of import into the country or export to another country of goods, services, currency and other valuables. In modern international practice The embargo is used as a means of economic or financial pressure and. is the most stringent trade and political measure of non-tariff regulation. Prohibitions can be applied by both individual and several states on the basis of international agreements and decisions, as a rule, within the framework of the UN.
In the Russian Federation, in accordance with the Federal Law of March 31, 1999 "On a temporary ban on the import of ethyl alcohol", in order to protect domestic producers, a temporary ban was imposed on the import (except for transit) of ethyl alcohol into Russia for a period until January 1, 2002.
The legal basis for prohibiting the import into Russia and export from the Russian Federation of certain goods and vehicles is based on national interests and includes considerations of state security, protection of public order, morality and public health. For example, the following are prohibited for import into the Russian Federation: -
all types of firearms and ammunition, edged weapons of all types, military equipment; -
narcotic drugs and psychotropic substances; -
medicines and vitamin preparations, with the exception of those approved by the Ministry of Health of the Russian Federation; -
radioactive, explosive, poisonous substances; -
precious metals and stones, with the exception of temporarily imported jewelry and other household products, as well as their scrap; -
printed and audio-visual materials, other visual products that may harm state security, public order, morality of the population, property rights, including intellectual property, and other interests of individuals and legal entities; -
undeveloped photographic films; -
means of color copying (only if there is a certificate of conformity); -
seeds and planting material, raw products of animal and vegetable origin (with the permission of the competent authorities).
Goods prohibited for import into the customs territory of the Russian Federation shall be subject to immediate export outside this territory. Goods prohibited for export cannot actually be exported outside of Russia. Expenses incurred by persons moving goods in connection with the observance of prohibitions and restrictions by the customs authorities are not reimbursed.
The customs blockade consists of measures aimed at suspending the production of customs clearance, delaying goods in the customs control zone. At its core, this is a veiled ban on the movement of goods. The purpose of such a measure is to disrupt the foreign economic relations of the blockaded state.
Licensing and quoting of foreign trade activities, as well as other instruments of state regulation, are introduced in order to protect the national interests of the country, domestic producers and protect the national market from disruptive imports and exports.
Licensing is a method of state regulation of export-import operations through permits (licenses) issued by a state body. Licensing as one of the forms of non-tariff regulation of foreign economic activity is carried out in accordance with the Federal Law "On the Fundamentals of State Regulation of Foreign Trade Activity" and other federal laws and legal acts.
Quota is a quantitative limitation of the size of import/export with the help of quotas. It is introduced for the balanced development of foreign trade and balance of payments, regulation of supply and demand in the domestic market, protection of the domestic market and fulfillment of international obligations.
The next category of administrative regulation is export control. According to the Federal Law of July 18, 1999 "On Export Control", this control is a set of measures that ensure the implementation of the established procedure for the implementation of foreign economic activity in relation to goods, works, services, fruits of intellectual property that can be used to create weapons of mass destruction, means of its delivery, other types of weapons and military equipment.
Lists of controlled goods and technologies are approved by the President of the Russian Federation on the proposal of the Government of the Russian Federation. Currently, there are seven control lists on the basis of which export control is carried out. The state policy in the field of export control is an integral part of the external and domestic policy Russian Federation and is carried out solely for the purpose of ensuring the security of the state, its political, economic and military interests.
Technical barriers of non-tariff restrictions. The next category of NTOs includes technical measures, the requirements of which are obligatory when passing certain goods across the customs border.
Non-tariff restrictions are a set of measures that prevent the penetration of foreign goods into the national territory of a given country.
Non-tariff methods of regulation have a number of advantages over tariff methods. The basis of the advantage is the limited possibility of tariff regulation, the uniformity of this system. The system of non-tariff barriers is quite ramified, thanks to which greater efficiency is achieved.
Among them, the most widespread are measures aimed at quantitative restrictions on foreign trade operations - quotas and licensing.
The UN identifies the following types of non-tariff methods of foreign trade regulation:
methods aimed at directly restricting imports in order to protect certain sectors of national production: licensing and import quotas, anti-dumping and countervailing duties, import deposits, voluntary export restrictions, countervailing fees, a system of minimum import prices, etc. This is the most numerous type.
methods that are not directly aimed at restricting foreign trade and are more related to administrative bureaucratic procedures, the effect of which, nevertheless, restricts trade: customs formalities, technical standards and norms, sanitary and veterinary norms, packaging and labeling requirements, etc.
methods that are not directly aimed at restricting imports or stimulating exports, but whose action leads precisely to this result.
There are several types of non-tariff restrictions:
1. Quantitative restrictions on imports and exports.
a) contingent (quotas) - regulation of foreign economic activity by restricting the import / export of foreign or domestic goods by a certain amount or amount for a specified period of time.
An embargo is a state prohibition of the import into or export from any country of goods or currency values.
Embargo - a state ban on the export / import of a certain type of goods (values, gold, securities, currency) regardless of the destination, in relation to certain types of goods supplied to specific countries, or in relation to all goods supplied to certain countries.
Although the embargo is usually imposed for political purposes, the consequences can be essentially economic. For example, the United States imposed an embargo on trade with Nicaragua in 1984-1990. due to a political feud with the Sandinista party in power. But for Nicaragua, the consequences were economic: Nicaragua experienced supply difficulties, especially with the supply of spare parts for US-made equipment, and could not sell the banana crop to the US, as before.
In world practice, a ban on quotas for industrial products is established. Quotas are allowed for agricultural products and some other goods (for example, textiles, sometimes finished goods, if unrestricted importation of foreign goods could harm national industries).
In the direction of their action, quotas are divided into export and import.
Export quotas are introduced either on the basis of international stabilization agreements that determine the share of each country in the total export of a certain product, or by the government of the country to provide domestic consumers with sufficient stocks of goods at low prices, to prevent the depletion of natural resources, and also to increase export prices. by limiting supplies to foreign markets. Similar restrictions through agreements on various types quotas allowed producing countries to quota commodities such as coffee and oil, causing the prices of these products to rise in importing countries.
Import quotas are not necessarily designed to protect domestic producers. Japan, for example, retains quotas for many agricultural products that it does not produce. Import quotas serve as a leverage point in negotiating the marketing of Japanese exports and avoid over-reliance on any other country for essential foodstuffs that could be depleted in the event of poor climatic or political conditions. The US, for example, uses a quota of 5.7 million liters. Milk and sour cream from New Zealand, 104 thousand kg. for the import of ice cream from the Netherlands, to 3.4 million kg. to import cheese from Switzerland.
Quotas are also divided into:
Global - for a certain period of time, a limit is set on the quantity or value of goods that can be imported / exported regardless of the country of the importer / exporter. Rarely used as there is a risk of losing importer markets;
Individual - set within the global quota; there is a distribution
taking into account the shares of importers in the previous year or the obligation to buy a certain amount of goods (based on bilateral agreements). Most often, individual quotas are seasonal in nature, i.e., they are introduced for a certain period of time (for example, in the autumn periods when the products of a new crop are sold). Economic consequences - restriction of supply, increase in the growth of incomes of the national producer.
Problems arise in the distribution of quotas between countries, because it is necessary to ensure that goods from one country are not transported in violation of the quota established in it to a second country. This situation arose when the US filed an allegation that clothing made in China was illegally entering US customs as clothing made in Macau.
b) licensing can be both an integral part of quotas and an independent regulatory tool. Then, in the first case, this is just a document that confirms the right to import / export goods within the limits of obtaining any quota; in the second case, there is a certain number of forms of licensing:
An individual (single) license is a one-time permit for the import/export of goods. It is allowed to export/import certain goods to a certain importer (exporter), indicating the quantity of goods, their value, country of origin (destination), and in some cases, the customs point through which the goods must be imported/exported. Issued by the state authority to the importer / exporter, is a nominal (indicated entity);
General license - a permanent import / export permit for goods included in the lists, without restrictions, both in quantity and in time; the license is impersonal;
Automatic license - a permit issued to an entrepreneur to carry out export / import operations immediately after receiving an application from him, which cannot be rejected by the state body (a simplified form of obtaining a license).
Quota rent - a specific income from the introduction of a quota, resulting from an artificial increase in prices. It is received by the owner of the right to import goods to the domestic market. Its recipients can be different entities, depending on the procedure for granting a license:
Auction - the sale of licenses on a competitive basis (the price is usually equal to the quota rent,
goes to the state)
Free transfer - the rent goes to the national entity - the importer;
The transfer of a license to a producing country is a voluntary quantitative limitation of exports, adopted as part of a formal intergovernmental or informal agreement on the establishment of benefits.
The similarity in the application of quotas and tariffs is that:
the price of imported goods rises;
incomes of national producers are increasing.
The difference is that in the case of introducing a tariff, the importer is not limited by the amount of imported goods, that is, the measure for him is the economic feasibility of importing goods.
c) "voluntary" restriction of exports
In recent decades, the practice of concluding agreements on "voluntary" restrictions on exports and on the establishment of minimum import prices, which are imposed by the leading Western states on economically and politically weaker exporters, has become widespread. A “voluntary” export restriction agreement is an obligation imposed on an exporter under the threat of sanctions to restrict the export of certain goods to an importing country. Similarly, the setting of a minimum import price must be strictly observed by exporting firms when concluding contracts with importers of the country that established such prices. If the export price drops below the minimum level, the import price imposes an anti-dumping duty, the application of which may lead to exit from the market.
To date, more than 100 agreements have been concluded on "voluntary" restrictions on exports and on the establishment of minimum import prices. These agreements affect trade in products of the textile, clothing, footwear, ferrous metallurgy, dairy products, consumer electronics, cars, metalworking machines, etc. mainly from Japan and NIS to USA and EU countries.
2. State subsidies and financial incentives.
Subsidies are a cash payment by the government to national producers in order to support them and discriminate against imports.
Subsidies by the nature of payments are divided into:
direct - direct payments to the exporter after he has completed the operation in the amount of the difference between the costs and the income he received (subsidies to the manufacturer when entering the foreign market). Prohibited by the WTO as their application is sufficiently obvious to trading partners to trigger retaliatory action;
indirect (hidden) - providing exporters with tax incentives, the return of import duties, preferential insurance conditions, assistance in structural adjustment, etc.
Subsidies are provided both to producers of goods competing with imports and to producers of export goods.
Export subsidies are a non-tariff method of regulation, representing budget payments to exporters, giving them the opportunity to sell goods in a foreign market at a lower price than in the domestic one.
Import deposit - a kind of pledge in cash, which the importer must pay to the bank before purchasing a batch of foreign goods. The size of this pledge, term, currency are fixed in each state by law. This is a kind of loan, which the importer to the state, but does not receive interest for it; after some time, the funds are returned to the importer, as a result, the costs of the importer grow.
State system of placing orders - the purchase by state enterprises of goods produced by national producers, even though these goods may be more expensive than imported ones.
Currency regulation:
external currency restrictions (for example, clearing - trade between countries on the basis of offsets);
restrictions related to the purchase and sale of currency;
a mechanism for differentiating currency coefficients (setting a different exchange rate for certain trade transactions);
devaluation - depreciation of the national currency;
revaluation - an increase in the exchange rate of the national currency.
6. Technical barriers - restrictions arising from the fact that national technical, administrative and other rules and regulations are designed to create a barrier to foreign goods (for example, standards, attestation, product quality control, etc.)
Countries typically set standards for classifying, labeling, and testing products in such a way that domestic products can be sold but foreign-made products are blocked from being sold. These standards are introduced under the pretext of protecting the safety and health of the local population. For example, the "Big Three" automakers have proposed a fuel savings bill that would require each automaker to increase the average fuel savings across all models by the same percentage. Such a proposal, if passed, would be burdensome for Japanese manufacturers, whose average fuel savings were already well above those of the Big Three models.
Among the methods of non-tariff regulation, one should mention administrative and bureaucratic delays at the entrance, which increase uncertainty and the cost of maintaining inventories. For example, France introduced a requirement to pass all imported video recorders through one small customs post located far from major cities and poorly staffed. The resulting delay effectively kept Japanese tape recorders out of the French market until an agreement was reached on a "voluntary" export quota, under which Japan limited its penetration into the French market. Peruvian customs officials have made it a rule to spend months clearing goods and then charging a fee for storing them at customs in an amount that is a significant fraction of the cost of imports.
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