The organization appealed to law (2010)

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Uploaded: 14.01.2011
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Question number 1


The organization asked the law firm to clarify under what conditions and at what point will apply a bilateral intergovernmental agreement amending the procedure and grounds for the payment of export VAT, provided by Russian customs and tax legislation. Prepare a response to the basis of international and Russian law, also used by the Russian arbitration practice.

Question number 2

What is a "commercial presence of a foreign person"?

Question number 3

What are the characteristics of opening accounts of non-residents in the Russian Federation?

Question number 4

What are, in comparison with the Russian legislation, particularly the UN Convention on the International Sale (Vienna, 1980) in terms of regulating responsibilities of the parties contract for failure of the obligations assumed?

Question number 5

What are the requirements of the Russian legislation applicable to the form, content and order of execution of foreign trade barter transaction?

Question number 6

What prorogation agreement? The prorogation agreement differs from an arbitration clause? What normative acts regulated by concluding prorogation agreement? In some cases, the conclusion is not allowed prorogation agreement?

Question number 7

Make a foreign economic contract with the use of Incoterms 2000 (delivery basis - anyone except EXW)

Problem number 1

Russian companies and companies from Germany have signed an agreement for the supply of used cars in Russia in the amount of 1000 pieces. The agreement was signed January 1, 2002 Delivery Date picked July 1, 2003 Basis of delivery: DDU Incoterm 2000, the port of St. Petersburg. Applicable elected Russian law. According to the decree of the Government of the Russian Federation to 4 July 2003 customs rate increased from 0.45 to 1.6 euros per cubic cm of engine volume. The decree was published on August 30, 2002
In fact, the goods arrived in St. Petersburg July 10, 2003 The seller is not able to deliver the goods within the specified period for reasons beyond his control.
The buyer accepted the goods and paid for it, however, if the product arrived on time in customs clearance fee to the buyer has paid 100 000 euro less (ie, previously existing rates) .. Because of this, the buyer sued for damages in the amount of 100 000 EUR.
Justified whether the requirements of the Russian side? Has the answer, if the seller was a company of the USA? Under what conditions the claimant may apply to the Russian court of arbitration?

Problem number 2

Resolution of the Customs 9 December 2002 Open Joint Stock Company was found guilty of an administrative offense, the responsibility for which is provided h. 2 tablespoons. 16.17 of the Administrative Code, and was sentenced to a rate of 50 times the minimum wage for each cargo customs declaration, ie 5000 rub., For a total amount of 20,000 rubles.
The basis for the issuance of this resolution have served as an administrative offense on 25 November 2002, and other materials of the case on administrative offense, according to which of concluding with the firm «AS Silmet» (Estonia) a contract dated October 30, 2002 № 301 (transaction passport January 31, 2001), to export Concentrates chlorides 4 to customs declarations. At the same time GTE number one foreign exchange earnings in the amount of $ 159,156.40. US acted in breach of the term of the current foreign exchange operations in the 12 days of TBG number two foreign exchange earnings in the amount of $ 163,251.40. United States, came out of time for 7 days, number of GTE 3 currency proceeds in the amount of US $ 160,703.40. US transferred with delay of 15 days, GTE number 4 currency proceeds in the amount of US $ 67,790.90. US acted out of time for 11 days and in the amount of $ 100,000. US - 16 days.
Assess the legality of the actions of customs.

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