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Committee on Trade-Related Investment Measures - Russian Federation - Measures implementing Russia's import substitution policy - Questions from the United States for the Russian Federation regarding the rules for a product to qualify as "made in Russia" for the purposes of purchases by an entity covered by Law No. 223-FZ, Law No. 249-FZ and/or Law No. 488-FZ
日期:2022/03/22
作者: Russian Federation
文件編號:G/TRIMS/Q/RUS/12
附件下載:GTRIMSQRUS12.pdf
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RUSSIAN FEDERATION – MEASURES IMPLEMENTING
RUSSIA'S IMPORT SUBSTITUTION POLICY

replies to Questions[1] from the United States for the Russian Federation regarding the rules for a product to qualify as "Made in Russia" for
the purposes of purchases by an entity covered by Law No. 223-FZ,
Law No. 249-FZ and/or Law No. 488-FZ

The following communication, dated and received on 21 March 2022, is being circulated at the request of the delegation of the Russian Federation.

 

_______________

 

 

Questions

1.     Please identify all of the legal measures that establish the rules for a product to qualify as "Made in Russia" for the purposes of purchases by an entity covered by Law No. 223 and/or Law No. 249.

2.     Please provide a comprehensive list of products that require a "Made in Russia" designation for purchases by an entity covered by Law No. 223 and/or Law No. 249.

a.    For those products that require a "Made in Russia" designation for purchases by an entity covered by Law No. 223 and/or Law No. 249, how is local content defined and calculated?

b.    For those products that require a "Made in Russia" designation for purchases by an entity covered by Law No. 223 and/or Law No. 249, which government entity is responsible for determining whether a particular product shall be designated "Made in Russia"?

3.     What is the process for developing the criteria for a product to earn the "Made in Russia" designation for purchases by an entity covered by Law No. 223 and/or Law No. 249?

Reply to questions 1, 2, and 3

The Federal Law No. 223-FZ and/or Law No. 249-FZ do not establish any rules on determination of country of origin for procurements by covered entities.

4.     We understand that on December 31, 2017, President Putin signed "Law No. 496-FZ "On Amendments to the Federal Law "On Procurement of Goods, Works, Services by Individual Types of Legal Entities" (31 December 2017). This law authorizes the government to establish and impose local content requirements on aircraft and ships when purchased by an entity covered by Law No. 223 and/or Law No. 249.

a.    Please describe the types of local content requirements that the government is authorized under the law to apply to an aircraft or ship in order for it to qualify as "Made in Russia" for purchase by an entity covered by Law No. 223 and/or Law No. 249.

b.    Does the law prohibit the purchase by a private enterprise of aircraft or ships that do not meet the "Made in Russia" criteria?

Reply

The Federal Law No. 496-FZ does not contain any aircraft-specific or ship-specific provisions. The Federal Law No. 223-FZ, the Federal Law No. 249-FZ as well as the Federal Law No. 496-FZ neither provide for local content requirements nor prohibit purchases by a private enterprise of aircraft or ships of any origin. In respect of questions related to "Made in Russia", please refer to the reply to questions 1-3.

 

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[1] G/TRIMS/Q/RUS/8.