Customs and International Trade

The Russian practice of Berwin Leighton Paisner (BLP)

..very experienced in customs regulation and advising on a broad range of customs related issues, as well as in representing companies in court appealings against customs authority actions.Who’s Who Legal

The Customs and International Trade global team provides comprehensive legal assistance within the following areas:

Support for cross-border operations:

• Support for equipment importation projects

• Comprehensive support for cross-border operations (day-to-day)

Foreign trade in goods, work and services:

• Drafting foreign trade contracts

• Advice on customs clearance of imported/exported goods

• Advice on selecting the most advantageous customs treatment

• Advice on goods classification under the Eurasian Economic Union’s Commodity Classification for Foreign Trade

• Advice and assistance in preparing documents for obtaining preliminary BTI decisions

• Advice on WTO laws and regulations

• Customs preferences

• Advice on goods certification

• Advice on import licensing and quotas

• Advice on export control

• Advice on foreign exchange regulation and control in Russia

• Inclusion of IP assets (trade marks) in the IP Assets Customs Register

• Inclusion of companies in the Register of Approved Economic Operators of the Russian Federal Customs Service

Legal representation of clients before the customs, foreign exchange control authorities and courts:

• Challenging BTI decisions

• Challenging customs value adjustments

• Recovering overpaid/overcharged customs duties, excise duties and VAT

• Acting for clients in administrative cases over violations of the customs and foreign exchange legislation

• Legal support during anti-dumping investigations

• Confirming entitlement to benefits

Determination and confirmation of customs value:

• Advice on selecting the method and structure with respect to customs value of imported goods

• Advice on including licence payments in the customs value of imported goods

• Transfer pricing

Advice on vital legislative developments of the Eurasian Economic Union:

• Application of the Eurasian Economic Union’s Common Customs Tariff and the Commodity Classification for Foreign Trade (TN VED), international treaties and agreements concerning the Eurasian Economic Union, Resolutions of the Customs Union Commission and Eurasian Economic Commission’s Board, Common Non-tariff Regulations within the Eurasian Economic Union and Common Customs and Tariff Regulations within individual Eurasian Economic Union member states;

• Practical assistance in developing projects to be implemented both within and outside the Eurasian Economic Union.

Customs and International Trade / 01

Vladimir TchikinePartner, Customs and international trade

Goltsblat BLP is one of the best in the Russian market.

Legal 500 EMEA

02 / Customs and International Trade

SOME OF THE RECENT PROJECTS HANDLED BY LAWYERS OF GOLTSBLAT BLP

Alcoa, Barilla, ICOPAL, INALCO, Guard-ian, Mars

Advised a number of major companies, including Alcoa, Barilla, Guardian, Icopal, Inalco and Mars, on importing equipment as an in-kind contribution to authorised capital, providing legal support for customs clearance of imported goods and assisting in preparing the requisite documents for obtaining customs duty and VAT exemptions.

Famous world domestic appliances manufacturer

Represented the client in arranging supplies of domestic appliances to a branch of the foreign company in Russia. The project covered coordination of the shipper, the carrier and the customs representative during importation and customs clearance of the domestic appliances, control over drafting of transport and commercial documents for shipment and customs purposes, and assistance in obtaining compliance declarations. The project also involved negotiations with the Customs to have the branch of the foreign company approved as goods declarant and the customs value of imported goods confirmed for the purpose of goods being supplied between related parties.

Major agroindustrial corporation

Arranged for import into Russia of industrial equipment required for expanding the company’s business. The project covers drafting of international trade contracts, negotiations on contractual terms and conditions and control over compliance with the customs legislation rules during transport of the equipment. Conducted an expert review of compliance by accompanying documents with international trade contracts and the customs legislation. The project has also involved contacting and communicating with carriers, customs representatives, suppliers and the buyer in relation to practical aspects of equipment import.

A major Russian gas company

Representing the interests of a major Russian gas company in litigation with the customs authorities over correct determination of the customs value for sale of goods to an affiliated entity at below cost price. All court rulings were in favour of the company

VTS Group

Represented the client in a dispute against the Russian Customs over the customs classification of the ventilation equipment and illegal fiscal claims against the client filed thereby. Our actions made the Customs return to our client the funds they had recovered earlier and accept the client’s position regarding classification of the equipment.

XX Century Fox

Advised 20th Century FOX on customs clearance and customs valuation of goods incorporating intellectual property. Represented the Company in courts to challenge the Customs’ actions.

Shell

Successfully assisted Shell in its corporate reorganisation in Russia: the task was to ensure uninterrupted imports of various petroleum products into Russia despite a series of compliance issues related to the company’s organisational form.

Customs and International Trade / 03

A leading European food manufacturer

Representing a leading European food manufacturer before the customs and judicial bodies in its appeals against actions by the customs authorities in direct debiting of customs payments.

Mitsubishi Motors, Nissan Motor

Full legal support for projects involving signing of investment agreements on supplies to the Russian Federation of vehicle parts for industrial assembly covered by the Russian legislation envisaging exemption from or reduced customs duties. The Agreements were signed between Mitsubishi Motors and Nissan Motor and the Ministry for Economic Development of the Russian Federation.

A leading multinational oil services company

Successful litigation by a subdivision of a leading multinational oil services company against customs authority decisions on classifying goods and upwardly assessing customs payments; the court ruling on this case constituted a precedent for many foreign trade companies importing similar goods.

A number of major multinational companies

Successful litigation in the interests of a number of major multinational companies from various industries appealing against decisions and actions of state authorities: customs authority classifications of goods, decisions on levying customs payments and on imposing administrative liability.

William Grant and Sons Limited

Represented William Grant on matters relating to inclusion of its trade marks on the Customs Register of IP assets and liaising with the customs authorities in order to terminate imports of counterfeit goods.

John Deere, Case New Holland

Advised and acted for John Deere and Case New Holland within the scope of a special safeguard investigation conducted by the Eurasian Economic Commission in order to impose safeguard measures with respect to harvester-threshers imported into Russia.

A major pharmaceutical company

Representing a major pharmaceutical company before the Federal Service for Financial and Budgetary Supervision in the company’s appeal against rulings declaring it responsible for failure to return foreign currency profit. The decision was adopted in favour of our client.

MARS

Advised Mars on the customs and exchange aspects of determining customs value, gaining benefits on customs payments and classifying goods and obtaining a WCO goods classification opinion for the Company.

Customs and International TradeContacts

04 / Customs and International Trade

VLADIMIR TCHIKINEPartnerCustoms and International TradeVladimir.Tchikine@gblplaw.comTel.: 8 495 287 44 44 (Moscow)

ELENA BELOZEROVA Associate DirectorCustoms and International TradeElena.Belozerova@gblplaw.comTel.: 8 495 287 44 44 (Moscow)

ALEXANDER KIRILCHENKOHead of GroupCustoms and International TradeAlexander.Kirilchenko@gblplaw.comTel.: 8 495 287 44 44 (Moscow)

Goltsblat BLP is a member of the subcommittee on strategic innovations in the automobile industry

under the Chamber of Commerce and Industry of the Russian Federation.

Legal 500 2014 recommends Vladimir Tchikine, Partner, Goltsblat BLP, as a leading expert in Customs

and International Trade: “…Customs team head Vladimir Tchikine

‘combines business acumen with strong legal knowledge’.”

Vladimir Tchikine, Partner, Customs and International Trade, Goltsblat BLP, has been

recognised as the Lawyer of the Year in Customs and International Trade by the

international legal directory Best Lawyers 2014-2015.

According to the international legal directory Who’s Who Legal, Elena Belozerova, Associate Director,

Goltsblat BLP, is ranked among best lawyers in Russia in Foreign Trade, Customs and Exchange

Regulation.

Abbott LaboratoriesAker SolutionsAlcoaAlfa Laval PotokAlfa-BankAmgenAstraZenecaAurubis AGBaker HugesBarclays BankBASFBrunswick Rail Leasing20th Century FoxCaterpillar FinancialChelyabinsk Pipe Rolling PlantChina Development BankChryslerCoca-ColaCovidienDanoneDellDeutsche Bank AGEBRDEfesEstee LauderEurocement GroupFerronordic MachinesFleming Family & PartnersFreight OneGE EnergyGeely International CorporationGeneral MotorsGuardianHals DevelopmentImmofinanz AGING BankInter RAOJaguar Land RoverJapan Bank for International Cooperation (JBIC)Johnson & JohnsonKimberly-ClarkKomatsuKronospanKvaernerLafargeLG International Corp.3M RussiaMagna InternationalMail.ruMarsMasterCard Member AssociationMcAfeeMerckMetinvest EurasiaMetro Cash&Carry RussiaMitsubishi ElectricMitsubishi Motors CorporationMotion Picture Association of America (MPAA)NALCO / EcolabNichia CorporationNikeNIS GLONASS ( Navigation Information Systems)Nissan RussiaNokia Siemens NetworksNord Stream AGNorth Caucasus Development CorporationNovatekOriflameOtkritie BankPanasonicPeugeot Citroen RusPhilipsProcter & GambleRaven RussiaRBK MoneyReckitt BenckiserReiffeisenbankRolfRoyal CaninRusHydroRUSNANORussian Platinum GroupSandozSanofi-AventisSberbankScaniaSchlumbergerScott Fetzer CompanyShellSheremetievo International AirportSiburSick AGSkolkovoSouth Stream Transport B.VSUEK (Siberian Coal Energy Company)Sukhoi CompanyTESCO CorporationTEVATommy HilfigerTransnefteproductUBS AGUnicredit BankUnilever RusUnited Grain Company (OZK)United Metallurgical Company (OMK)Universal Pictures RusUralkaliVimpelComVolkswagen GroupVTB CapitalWarner Bros. EntertainmentX5 Retail Group

• Goltsblat BLP is the Russian practice of Berwin Leighton Paisner (BLP), an award-winning international law firm headquartered in London and with offices operating in major commercial and financial centres throughout the world - Moscow, Abu Dhabi, Beijing, Berlin, Brussels, Dubai, Frankfurt, Hong Kong, Paris and Singapore.

• More than 100 Russian, English and US-qualified lawyers permanently based in Moscow, the total number of lawyers in all international offices of BLP being over 800.

• Over 1300 clients, including: major multinational investors operating in Russia, including 37 Fortune 500 clients, Russian and international banks & financial institutions, and Russian corporates - leaders on the national markets.

• Transactional support for inbound and outbound investments by Russian and international clients.

• Highly reputable local team well-known on the market for its excellent local experience of total legal advice for major Russian businesses and international investors gained over 20 years - from complex/multi-jurisdictional projects to day-to-day operational legal support.

• Goltsblat BLP is consistently ranked highly / recommended by The Legal 500, Chambers & Partners, IFLR1000, Best Lawyers and Vedomosti.

• Globally, the firm’s broad-based expertise reaches across more than 50 legal disciplines and 20 industry sectors.

• In Moscow, the firm’s key practice areas are:

• Corporate/ M&A

• Banking & Finance

• Real Estate & Construction

• Dispute Resolution

• Tax & Customs

• Commercial

• Compliance

• Competition & Antitrust

• Employment, Pensions & Benefits

• IP

• Goltsblat BLP is the winner of: Russia Law Firm of the Year – Chambers Europe Awards 2015; International Law Firm of the Year (Europe) – The Lawyer European Awards 2014; Client Service Law Firm of the Year – Chambers Europe Awards for Excellence 2014; International Office of the Year – The Legal Business Awards 2010 (Legal 500); Best Client Service – Chambers Europe Awards for Excellence 2010; Best Law Firm in Russia – ILO Client Choice Awards 2010.

• Goltsblat BLP is shortlisted for: International Law Firm of the Year – The Lawyer European Awards 2015 and Legal Business Awards 2015 (Legal 500); Innovation in International Expansion 2011 – Financial Times Innovative Lawyer Awards 2011.

• According to ranking by Vedomosti based on Best Lawyers 2014-2015 research, Goltsblat BLP is 4th in the top-10 leading international law firms in Russia.

• According to national ranking by Kommersant.ru Goltsblat BLP was named the 3d largest law firm in Russia in 2015.

• BLP is the winner of, in total, 5 Law Firm of the Year awards and over 30 industry awards in the last few years, including The Most Innovative Client Service Award (Managing Partner Forum (MPF) Awards for Management Excellence 2015), UK Law Firm of the Year 2010 awards by both The Lawyer and Legal Week, Managing Partner of the Year, Real Estate Law Firm of the Year, Best Tax Team in a Law Firm, Planning Team of the Year, PFI/Projects Team of the Year, and Finance Team of the Year and others.

* All names are disclosed with the clients’ permission

Key facts about Goltsblat BLP:GBLP representative client list*

Excellent industry knowledge and business acumen. Great local and international knowledge.

Chambers Europe 2015

The Russian practice of Berwin Leighton Paisner (BLP)

European Awards2014

International Law Firm of the Year

Winner

MOSCOW

Capital City Complex Moscow City Business Centre 8, Presnenskaya Nab., Bldg.1 Moscow 123100, Russia Tel.: +7 495 287 44 44 Fax: +7 495 287 44 45 Email: info@gblplaw.com

www.gblplaw.com

LONDON

Adelaide House London Bridge, London EC4R 9HA United Kingdom Tel.: +44 (0) 20 7760 1000 Fax: +44 (0) 20 7760 1111 Email: info@blplaw.com

www.blplaw.com