On The Special Economic Zone In The Kaliningrad Region

Original Language Title: Об Особой экономической зоне в Калининградской области

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102039203

Lost force since April 1, 2006 year-the Federal law dated 7/10/2006 N-FZ of 16 RUSSIAN FEDERATION FEDERAL LAW on the special economic zone in the Kaliningrad region adopted by the State Duma November 15, 1995 year approved by the Federation Council of the year January 5, 1996 (as amended by the federal laws from 21.03.2002 N 31-FZ;
from 08.12.2003. N 169-FZ; from 06/29/2004 N 58-FZ;
from 22/08/2004, no. 122-FZ; from 18.07.2005 N 90-FZ;
from Jul. 22 N 117-FZ) this federal law defines the legal and economic framework for the establishment and functioning of special economic zone in the Kaliningrad region, given its specific geographical position, value for the national interests of the Russian Federation. This federal law is aimed at creating favourable conditions for socio-economic development of the Russian Federation and the Kaliningrad region.
Chapter i. General provisions article 1. The notion of a special economic zone in the Kaliningrad region. The goal of its establishment, the special economic zone in Kaliningrad region (hereinafter referred to as the special economic zone) is created within the entire territory of this area, with the exception of the territories of the objects having a defence and strategic importance for the Russian Federation, military bases, military units and defence industry objects, as well as objects of the extractive industries of oil and gas on the continental shelf of the Russian Federation and in the exclusive economic zone of the Russian Federation.
Special economic zone is created in accordance with this federal law. Development of the special economic zone shall be carried out on the basis of a federal government program of development of special economic zones, approved by the Government of the Russian Federation on the submission of public authorities of the Kaliningrad region.
In the special economic zone shall be established special favourable compared to the overall regime, investment and business activities, including foreign trade and investment.
Special economic zone is a part of the State and the customs territory of the Russian Federation. With respect to customs duties and other payments (including taxes) paid for customs clearance of imported and exported goods, special economic zone is regarded as being in the customs regime of a free customs area with the characteristics established by this federal law.
Article 2. Legal protection of State investment and business activity in special economic zone Investments and business activities in the special economic zone enjoy legal protection of the State, which is ensured by the Constitution of the Russian Federation, this federal law, other federal laws and other regulatory legal acts of the Russian Federation, international treaties of the Russian Federation, laws and other normative legal acts of the Kaliningrad region.
Article 3. Powers of the Kaliningrad regional Duma and the administration of the Kaliningrad region in respect of the special economic zone of Kaliningrad region Duma as a legislative (representative) body of a constituent entity of the Russian Federation and the administration of the Kaliningrad region shall exercise powers on the functioning of special economic zones in conformity with the Charter (fundamental law) of the Kaliningrad region.
The administration of the Kaliningrad region performs the functions of the administration of the special economic zone in accordance with this federal law, other federal laws and other regulatory legal acts of the Russian Federation, laws and other normative legal acts of the Kaliningrad region. It coordinates the involvement of Russian and foreign investments for realization of investment projects of zonal entrepreneurial activity.
The administration of the special economic zone (hereinafter referred to as the authority) are entitled, in accordance with the legislation of the Russian Federation to conclude civil contracts and engage in other civil-law relations with Russian and foreign investors, other Russian and foreign entrepreneurs in the special economic zone.
CHAPTER II. TREATMENT of INVESTMENT and business activity in SPECIAL ECONOMIC ZONE Article 4. Legal regulation of investments and business activity in special economic zone commercial organizations of any type business (manufacturing, construction, trade and mediation and others) with full or partial attraction of foreign investment are generated, disposed of and carry out their activities in accordance with provisions of the legislation of the Russian Federation.
In compliance with the requirements of the legislation of the Russian Federation operate individuals-individual entrepreneurs without formation of the legal person. (As amended by the federal laws from 21.03.2002 N 31-FZ; from 08.12.2003. N 169-FL) representative offices and branches of foreign legal entities are opened in the special economic zone based on the permission of the Administration in compliance with the requirements of the legislation of the Russian Federation.
Licensing business activity in special economic zone is not required except for cases stipulated by the legislation of the Russian Federation.
Federal bodies of executive power under an agreement with the Administration may transfer the Administration its authority on licensing of separate types of entrepreneurial activity, excluding activity in the areas of: 1) defense industry, production of arms and military equipment, arms and military equipment;
2) production of fissile materials, poisonous, explosive, poisonous or psychotropic and narcotic drugs, biologically and genetically active materials and trade specified materials and tools;
3) electricity generation, transmission and trade;
4) production, refining of precious metals, precious and semi-precious stones and trafficking (amber and amber trade processing and products made from it are governed by agreements between the Government of the Russian Federation and the Administration);
5) offshore oil and gas subsurface sites of Federal significance;
6) transport and communications;
7) media, cinema and cinematography.
Article 5. The contractual nature of relations in the field of attraction of investments in the special economic zone Administration in accordance with this federal law and the Federal State programme for the development of special economic zone considering statements of Russian and foreign investors on realization of investment projects of zonal and concludes treaties with them on these projects in compliance with the requirements of the legislation of the Russian Federation.
The Administration is empowered to conduct bidding (tenders, auctions) and, in exceptional cases, in particular when investing unique technologies and equipment,-direct talks with individual Russian and foreign investors and entrepreneurs for the award of contracts to implement zoned investment projects.
Administration reserves the right to transfer the lease conditions to Russian and foreign entrepreneurs with property that is owned by the Kaliningrad region as a constituent entity of the Russian Federation, including real estate, in accordance with the legislation of the Russian Federation. How to use objects that belong to the federal property is determined by the Government of the Russian Federation, taking into account the specifics of managing in the special economic zone.
The Administration maintains a register specified in parts 1, 2 and 3 of this article of the treaties and establishes rules for the submission and consideration of applications for implementation of zonal investment projects.
Land-use right to foreign natural and legal persons, international organizations (associations) with the participation of Russian and foreign natural and legal persons on the territory of the special economic zone shall be granted solely on the basis of lease contracts (without the right of redemption). Agreements are concluded at market rates on land rent, when taking into account the interests of the inhabitants of the Kaliningrad region, land management, conservation and improvement of natural Wednesday; treaties must be registered by the public authorities of the Kaliningrad region.
Article 6. Forms of investment investments in the special economic zone are being carried out in the manner prescribed by the legislation of the Russian Federation and international treaties of the Russian Federation.
CHAPTER III. CUSTOMS REGULATION in the special economic zone, article 7. Customs regime of the special economic zone in the special economic zone the customs regime of a free customs zone, according to which: (as amended by federal law from Jul. 22 N 117-FZ)

1) goods produced in the special economic zone (as evidenced by a certificate of origin) and exported to other countries, are exempt from customs duties and other charges levied upon customs clearance of goods (except of customs fees). These products do not apply economic policy measures (measures of non-tariff regulation of foreign trade activity);
2) goods imported from other countries in the special economic zone shall be exempted from customs duties and other charges levied upon customs clearance of goods (except of customs fees) and for excisable goods in addition to customs duties, excise taxes and value added tax. For certain types of goods and services can be applied economic policy measures (quantifiable measures for State regulation of foreign trade activity); (As amended by the federal laws of 23.12.2003 N 186-FL; from 22/08/2004, no. 122-FZ) 3) goods produced in the special economic zone (as evidenced by a certificate of origin) and transported to the rest of the customs territory of the Russian Federation (as well as on the territory of the Customs Union), are exempt from customs duties and other charges levied upon customs clearance of goods (except of customs fees). These products do not apply economic policy measures (measures of non-tariff regulation of foreign trade activity);
4) goods imported from other countries in the special economic zone and then transported to the rest of the customs territory of the Russian Federation, as well as on the territory of the Customs Union (excluding goods, processed in the special economic zone and considered to be produced in the special economic zone), are subject to import customs duties and other charges for customs clearance of goods. These products can be applied economic policy measures (measures of non-tariff regulation of foreign trade activity);
5) with goods imported from other countries in the special economic zone and then exported to foreign countries (both with and without processing processing of commodities), customs duties and other charges (except of customs fees) and for excisable goods in addition to customs duties, excise taxes and value added tax shall not be charged upon customs clearance, quantitative restrictions on imports and exports of the goods does not apply. (As amended by the federal laws of 23.12.2003 N 186-FL; from 22/08/2004, no. 122-FZ) procedure for determining the origin of the special economic zone shall be established by the Administration in conjunction with the federal executive body engaged in normative-legal regulation in the field of customs. (As amended by the Federal law dated 06/29/2004 N 58-FZ), goods are considered to be produced in the special economic zone, if value added processing (processing) is not less than 30 per cent, and for the products related to electronics and complex household appliances is not less than 15 per cent, and its handling (processing) entails changing the code of the goods under the customs classification. Procedure for determining the origin of the special economic zone belonging to complex household appliances is installed federal body of executive power executing legal regulation in the sphere of Customs Affairs, on the proposal of the administration. (As amended by the Federal law dated 06/29/2004 N 58-FZ) Administration in consultation with the Government of the Russian Federation shall have the right to impose additional restrictions of the free customs zone and the exception aimed at protecting local producers of goods (works, services).
Article 8. Transit of goods through the territory of the special economic zone of transit of goods through the territory of the special economic zone shall be governed by the laws of the Russian Federation and international treaties of the Russian Federation. Value added tax with revenue from the provision of transport, loading, unloading, transshipment and storage when transporting and handling of goods of special economic zone to the rest of the customs territory of the Russian Federation and with the rest of the customs territory of the Russian Federation in the special economic zone is not charged.
Article 9. Customs clearance and customs control features of customs clearance of goods, including vehicles and customs control over the movement of goods, including vehicles, from the special economic zone and special economic zone shall be established in accordance with the customs code of the Russian Federation and the present Federal law.
CHAPTER IV. Taxation in SPECIAL ECONOMIC ZONE Article 10. Tax benefits to Russian and foreign investors and entrepreneurs are provided with tax incentives in accordance with the tax legislation of the Russian Federation and legislation of Kaliningrad region.
Chapter v. BANKS and banking activities in the special economic zone Article 11. Activity of Russian banks Russian banks operate in the special economic zone in the manner prescribed by the legislation of the Russian Federation on banks and banking activity.
Article 12. Foreign banks are foreign banks in the special economic zone shall be carried out in accordance with the legislation of the Russian Federation on the basis of licenses issued in the prescribed manner by the Central Bank of the Russian Federation, and on the basis of national banking regime in the Russian Federation.
Article 13. Special conditions of Russian and foreign banks in the special economic zone Administration in consultation with the Government of the Russian Federation and the Central Bank of the Russian Federation may establish incentives for Russian and foreign banks in connection with their activities for the implementation of the federal programme for the development of special economic zone.
Article 14. Settlement operations by Russian and foreign natural and legal persons shall have the right to choose in their transactions, banks and other credit institutions operating in the territory of the special economic zone.
CHAPTER VI. Currency regulation and currency control in the special economic zone Article 15. Currency regulation the right to property and other rights of natural and legal persons on currency values in the special economic zone are being carried out in the manner prescribed by the legislation of the Russian Federation.
On the foreign exchange earnings from export of goods (works, services) and the results of intellectual activity created in the territory of the special economic zone shall not be subject to the procedure for compulsory sale by residents of foreign currency on the internal currency market of the Russian Federation.
The regulation of currency transactions are carried out by the Central Bank of the Russian Federation and the Government of the Russian Federation in accordance with the currency laws of the Russian Federation. (As amended by the Federal law on Jul 18, 2005 N 90-FZ) Article 16. Transfer of dividends and repatriation of capital transfer of dividends and repatriation of capital by foreign investors from the territory of the special economic zone are carried out smoothly in accordance with the legislation of the Russian Federation and international treaties of the Russian Federation.
Article 17. Monetary insurance Russian and foreign natural and legal persons shall have the right to attract Russian or foreign insurance companies (insurers) for all kinds of insurance transactions in the Russian or foreign currency, including insurance of export risks. While insurance transactions are made exclusively by insurers, obtained in accordance with the legislation of the Russian Federation license for insurance activity on the territory of the Russian Federation.
Article 18. Currency calculations all calculations in the special economic zone shall be made only in the currency of the Russian Federation.
Article 19. Exchange controls, foreign exchange controls in the special economic zone shall be carried out in accordance with the currency laws of the Russian Federation.
(Article in the Editorial Office of the Federal law on Jul 18, 2005 N 90-FZ), Article 20. Investment activity of commercial organizations established in the special economic zone, on the territory of a foreign State investment activity of commercial organizations established in the special economic zone, in accordance with article 4 hereof, on the territories of foreign States shall be carried out in accordance with the legislation of the Russian Federation. (As amended by the Federal law on Jul 18, 2005 N 90-FZ), chap. VII. The FEDERAL PROGRAMME for the DEVELOPMENT of SPECIAL ECONOMIC ZONE of Article 21. The federal programme for the development of special economic zone

The Government of the Russian Federation approves Federal State programme for the development of a special economic zone, in accordance with which, as a matter of priority, funds are allocated annually from the federal budget for special federal, interregional and regional financing facilities, primarily associated with the deployment and activities of military units and organizations of the federal bodies of executive power, which, in accordance with the legislation of the Russian Federation provides for military service.
With the development of special economic zone construction and reconstruction of infrastructure in the interests of defence and security, previously agreed upon with the relevant federal bodies of executive power.
CHAPTER VIII. The ORDER of ENTRY in the Kaliningrad region, LEAVING Kaliningrad oblast and STAY on its territory.
Socio-LABOUR RELATIONS Article 22. The order of entry in the Kaliningrad region, leaving Kaliningrad oblast and stay on its territory for the entry in the Kaliningrad oblast, Kaliningrad oblast, exit and stay of foreign nationals and stateless persons shall be determined by the legislation of the Russian Federation and international treaties of the Russian Federation.
On the territory of Kaliningrad region operates a single procedure for registration of Russian citizens, foreign citizens, persons with dual nationality and stateless persons in accordance with this federal law and other normative legal acts of the Russian Federation.
The public authorities of the Kaliningrad region to economic security is provided the right to impose restrictions for certain categories of foreign nationals and stateless persons as to the period and place of residence in the Kaliningrad region. While these restrictions must not violate human rights and freedoms, guaranteed by the legislation of the Russian Federation and international treaties of the Russian Federation.
For persons previously possessed the citizenship of the Union of Soviet Socialist Republics, resident or present in the territory of Lithuania, Latvia and Estonia, whose native language is Russian, the State authorities of the Kaliningrad region provided preferential conditions for resettlement on the territory of the Kaliningrad region and settle in the territory.
Article 23. Labor relations in the special economic zone recruitment, dismissal, working conditions and rest conditions and rationing of work, social guarantees and compensation are governed by collective agreements and individual contracts, in accordance with the legislation of the Russian Federation on labour.
Foreign worker income received in foreign currency after taxes can easily be transferred to areas outside the territory of the Russian Federation at the request of such employee, and the proceeds received by the Russian worker may be transferred outside the territory of the Russian Federation in accordance with the currency laws of the Russian Federation and adopted in accordance with the normative legal acts of currency regulation authorities. (As amended by the Federal law on Jul 18, 2005 N 90-FZ), chap. IX. MISCELLANEOUS PROVISIONS Article 24. International treaties of the Russian Federation regarding the Kaliningrad region the international agreements of the Russian Federation regarding the Kaliningrad region are in accordance with the Federal law "on international treaties of the Russian Federation" in agreement with the authorities of the Kaliningrad region.
International treaties of the Russian Federation regarding the Kaliningrad region should contain a provision confirming the existing status of the Kaliningrad region as an integral part of the Russian Federation.
Article 25. Agreement of the Kaliningrad region with administrative-territorial entities of foreign States, the Kaliningrad region through its authorized bodies of State power are entitled to conclude agreements on economic, scientific and technical, cultural and sports cooperation with administrative-territorial entities of foreign States, including with States, provinces, cantons, Länder.
Specified in part one of the present articles of agreement: 1) must not conflict with the legislation of the Russian Federation and international treaties of the Russian Federation;
2) should contain a provision confirming the existing status of the Kaliningrad region as an integral part of the Russian Federation;
3) cannot be considered as international treaties of the Russian Federation;
4) are subject to mandatory registration by the Ministry of Foreign Affairs of the Russian Federation in the manner prescribed by the President of the Russian Federation;
5) shall come into force not earlier than the date of their registration by the Ministry of Foreign Affairs of the Russian Federation.
Article 26. Liquidation of special economic zone liquidation of the special economic zone shall be carried out on the basis of the Federal law adopted on the initiative of the Government of the Russian Federation in the following cases: 1) failure to comply with the goals and objectives of this federal law;
2) inconsistencies in the functioning of the special economic zone the vital interests of the Russian Federation.
In the case of the adoption of the Federal law on liquidation of special economic zone, the Government of the Russian Federation establishes the order and terms of liquidation of special economic zone in compliance with legislation of the Russian Federation and international treaties of the Russian Federation, including the protection of the legitimate rights and interests of Russian and foreign entrepreneurs and investors.
For the subjects referred to in article 4 of this federal law and established in the special economic zone after the entry into force of this federal law established by this federal law persist conditions of economic activities within three years from the date of entry into force of the Federal law on liquidation of special economic zone.
Article 27. The entry into force of this federal law this federal law shall enter into force on the day of its official publication.
Article 28. Compliance with this federal law, other normative legal acts of the Russian Federation to propose the President of the Russian Federation and to entrust the Government of the Russian Federation to bring its normative acts in compliance with this federal law within a period of three months from the date of its entry into force.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow January 22, 1996 N 13-FZ