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Regulations of Trade Representation of the Russian Federation (Non-official translation) I. General provisions 1. The Trade Representation of the Russian Federation in a foreign country (hereinafter referred to as Trade Representation) is a state agency that represents the Russian Federation's economic interests in the country in which it resides. 2. Trade Representation shall be established on the basis of an agreement between the Russian Federation and the respective foreign country. Trade Representation shall be a part of the Russian Federation's diplomatic mission in the respective country and shall operate under the direct political authority of the Ambassador of the Russian Federation to that country.
3. Trade Representation shall be guided in its duties by the Constitution of the Russian Federation, federal constitutional laws, federal laws, decrees and resolutions of the President of the Russian Federation, government regulations and orders, normative legal acts of the Ministry of Economic Development and Trade of the Russian Federation, rules of international law and the legislation of the country of residence, as well as by these regulations. II. The principal tasks of Trade Representation. 4. The principal tasks of Trade Representation shall be to: a) carry out the Russian Federation's economic policy towards the country of residence, assist in expanding and diversifying Russian exports of goods and services, create the conditions for the realization of the Russian Federation's competitive advantages, examine and make forecasts of the Russian Federation's economic relations with the country of residence and make proposals aimed at their development; b) take part in implementing the Russian Federation's trade policy and the developing economic relations between the Russian Federation and the country of residence, participate in designing and implementing measures for ensuring favorable conditions for the Russian Federation's integration into the world economy; c) help to avoid complications in the Russian Federation's trade and economic relations with the country of residence, and take part in the efficient settlement of eventual complications; d) participate in elaborating and upholding the positions of the Russian Federation in international economic organizations; e) disseminate information about the Russian economy and investment climate in the country of residence; f) inform interested Russian federal bodies of the executive branch, regional authorities and Russian companies about trade opportunities e.g. through tendering procedures for supply of goods and services in the country of residence; g) provide assistance to interested Russian companies in getting commercial orders for the delivery of goods and services, including intellectual property as well as promoting Russian investment projects abroad; h) assist in promoting Russian goods, services, and intellectual property in the country of residence, in attracting investments to the Russian Federation and in creating favorable financial conditions for Russian companies; i) assist in establishing and developing trade relations between physical and legal persons of the Russian Federation and those of the country of residence. III. The principal functions of Trade Representation
5. The principal functions of the Trade Representation shall be to: a) examine the impact of the economic situation in the country of residence on the economic interests of the Russian Federation; b) establish and maintain contacts with state bodies and the business community in the country of residence, as well as the representatives of other states and international economic organizations; c) take part in promoting interaction with international economic organizations located in the country of residence; d) inform federal bodies of the executive branch about activities of the state bodies of the country of residence relevant to the trade and economic interests of the Russian Federation, in accordance with normative legal acts of the Ministry of Economic Development and Trade of the Russian Federation; e) provide assistance to the intergovernmental bodies for trade, economic, scientific and technical cooperation between the Russian Federation and the country of residence; f) make proposals for the further development of trade and economic relations with the country of residence, take part in preparing and conducting interstate and intergovernmental trade and economic negotiations and in concluding trade and economic cooperation agreements; g) provide assistance to the Russian exporters participating in trade fairs, exhibitions, conferences, and seminars aimed at developing economic cooperation between the Russian Federation and the country of residence, as well as assisting representatives of federal bodies of the executive branch, Russian regions and companies in organizing meetings with representatives of the country of residence; h) assist in the implementation of bilateral and multilateral trade and economic agreements to which the Russian Federation and the country of residence are parties; i) take part in planning and implementing activities aimed at creating favorable conditions for Russian companies in the country of residence; j) promote the investment projects and activities of Russian companies in the country of residence; k) detect cases of discrimination and infringement of obligations by the country of residence vis-?-vis Russian firms, Russian goods, services, investments and assist in remedying of such infringements; l) detect barriers to Russian goods, services, investment, and intellectual property in the country of residence, make proposals regarding the removal of barriers and assist Russian companies in overcoming of such barriers; m) take part in: the settlement of trade disputes regarding the infringement by the country of residence of provisions of trade and economic agreements with Russian Federation and/or the application of legislation discriminating Russian companies; extra-judicial settlement of trade and commercial disputes between Russian and foreign economic operators; trade negotiations with the country of residence to expand market access for Russian goods, services, investment.; n) take part in the discussion of issues concerning the restructuring of debts between the Russian Federation and the country of residence; o) conduct research and analysis of the economic situation and prospects in the goods, services and investment markets of the country of residence, its economic legislation and legislative enforcement practices, its economic relations with the Russian Federation and with third countries and provide this information to federal bodies of the executive branch of the Russian Federation, as well as to Russian companies upon request; p) collect and analyze information regarding methods of trade policy making and government regulation of foreign trade in the country of residence, and produce studies aimed at providing information, and managerial and consultancy assistance to the Russian companies, as well as to the physical and juridical persons of the country of residence; q) study information concerning potential demand for Russian goods, services, including trade in information and intellectual property and produce appropriate studies and proposals for interested Russian economic operators; r) provide assistance to Russian companies in selecting partners for joint ventures in the country of residence, as well as assessing the reliability of physical and juridical persons cooperating in projects with Russian enterprises and organizations. IV. Functioning of Trade Representation 6. The decision to establish, reorganize or liquidate Trade Representation or its branches in the country of residence shall be taken by the Government of the Russian Federation in compliance with the obligations of the Russian Federation under international agreements to which it is party. Trade Representation may establish branches in the country in which it resides on the basis of bilateral agreements between the Russian Federation and that country. 7. Trade Representation can make transactions and other legal actions necessary for accomplishing of its tasks, can bring lawsuits, and can act as a representative of a complainant. Trade Representation can be sued only in the case of disputes arising from transactions or other legal actions made by Trade Representation in the country of its residence, and then only in such cases where the Russian Federation had agreed to foreign jurisdiction over dispute settlement either in bilateral agreements with the country of residence or by a statement in court or written notification. 8. Representatives from other federal bodies of the executive branch and Russian state agencies can be seconded to the Trade Representation in accordance with established procedure. Such Russian bodies and agencies shall bear all the associated costs by agreement with the Ministry for Economic Development and Trade of the Russian Federation and the Ministry of Foreign Affairs of the Russian Federation. 9. The Ministry for Economic Development and Trade of the Russian Federation shall exercise control over the activities of Trade Representation. 10. The Ministry for Economic Development and Trade of the Russian Federation shall approve the organization and composition of the staff of the Trade Representation, to be selected from the foreign- based staff of that Ministry as approved by the Government of the Russian Federation. 11. Trade Representation is headed by the Trade Representative of the Russian Federation (hereinafter - Trade Representative) who is appointed to his post by the Government of the Russian Federation by the Ministry for Economic Development and Trade of the Russian Federation in agreement with the Ministry of Foreign Affairs of the Russian Federation. 12. The Trade Representative and members of the Trade Representation's staff shall be respectively, in labour and government service relations with the Ministry for Economic Development and Trade of the Russian Federation during their posting abroad. 13. The Trade Representative shall: a) provide general management of Trade Representation; b) be responsible for accomplishing the Trade Representation's tasks; c) determine the schedules of employees of the Trade Representation in compliance with legislation of the Russian Federation and local conditions and traditions of the country of residence; d) determine the duties of deputies and other employees of Trade Representation; e) issue orders for the employees of the Trade Representation; f) perform legal acts on behalf of Trade Representation; g) sign documents transmitted by special communication channels or diplomatic post to federal bodies of the executive branch. 14. Trade Representation is a legal person, has a seal with the State Emblem of the Russian Federation, as well as other seals, stamps, and forms necessary for its activities. Trade Representation may open settlement accounts and other accounts with local banks in accordance with legislation of the Russian Federation and legislation of the country of residence. 15. Information and analytical materials important for developing cooperation between the Russian Federation and the country of residence prepared by Trade Representation, including those that are sent by special communication channels shall be forwarded to the Ambassador of the Russian Federation. 16. The Trade Representative and his/her deputies are members of the diplomatic staff. 17. Trade Representation, employees of Trade Representation and members of their families enjoy privileges and immunities in the country of residence in accordance with international law. Employees of Trade Representation and members of their families shall respect the laws, administrative regulations, traditions and customs of the country of residence, and refrain from any actions that may be interpreted as interference in internal affairs of the country of residence. 18. Assets of Trade Representation shall be federal property. Trade Representation may use this property at no cost for fulfillment of its functions. The composition and value of Trade Representation's movable assets shall be shown in its accounting balance in accordance with legislation of the Russian Federation. 19. The Ministry for Economic Development and Trade of the Russian Federation and other authorized bodies of governmental financial control shall exercise control over the financial and administrative activities of Trade Representation. APPROVED by the Regulation of the Government of the Russian Federation N 401 dated June 27, 2005 |