Parallel imports – wide gates – Gazeta Kommersant № 56 (7257) from 01.04.2022

The list of goods for which parallel imports are planned to be supplied, ie import to Russia without the permission of the copyright holders, will be as wide as possible. . Imports to Russia have already fallen by about a third – after the maximum volumes of imports in January-February. The new supply regime will compensate for the voluntary withdrawal from the market of Western companies, but will not solve the problem of sanctions, experts say.

Kommersant got acquainted with the list of goods on which the Ministry of Industry and Trade plans to allow parallel imports (import of goods without the direct permission of brand owners, now only the right holder or official dealer can import goods into Russia). There are 72 items in the list, but they cover the widest possible groups of goods. In the customs nomenclature, these are groups from the 26th to the 97th, which include all imported products – from minerals to consumer goods, equipment and vehicles, except for agricultural products (groups from the 1st to the 25th).

We will remind, on Wednesday the government approved the resolution on legalization of parallel import, thus preparation of the list proceeds – it will be approved by the Ministry of Industry and Trade taking into account offers of departments. The Federal Antimonopoly Service told Kommersant that they consider it necessary to protect localized enterprises that ensure the continuous production of goods in Russia. Earlier, they were in favor of banning parallel imports. It should be noted that in Russia, as the EAEU country, there is a regional principle of exhaustion of the exclusive right to a trademark (the international principle, on the contrary, allows the import of original goods without the permission of the manufacturer). However, companies will no longer be liable for importing parallel imports on the list.

“Now customs officers are checking whether there is a company that wants to import the goods in the list of authorized persons of the right holder – if there is, then pass, if not, notify the right holder, and with the permission of parallel imports, we will not do it,” said the first. Deputy Head of the Federal Tax Service Ruslan Davydov.

According to him, special mechanisms will be used to monitor such deliveries, in particular, sampling from databases can be automated depending on the company’s status. Other measures taken by the Federal Customs Service should also facilitate the import of imports, in particular, the customs has already revised more than 200 all-Russian and 100 regional risk profiles, and the control load has been reduced several times, including the number of inspections. Also, due to the revision of risk profiles, the “green” category of foreign trade participants will be expanded – by about 3,000 to 14,000, these companies account for 80% of declarations and 90% of customs payments, said the first deputy head of the service.

Note that the reduction in imports to Russia in March was significant – about 30%. “In January-February, imports were record highs, but in March, trade was affected by logistics restrictions – turnover in the ports of North-West Russia has decreased at least twice, shippers also faced additional checks at customs in European countries, increased control over transit cargo. the decrease in deliveries to the ports of the Far East was insignificant, ”Ruslan Davydov explained.

Alexei Ivanov, director of the BRICS International Center for Competition Law and Policy at the HSE, notes that the measure is not a full-fledged transition to the international principle of exhaustion, but will create alternative supply channels, especially when a foreign company or dealer stops delivering to Russia. and import without their permission is limited. Now importers will be able to buy spare parts in the UAE or Kazakhstan, which will lead to a reorientation and logistics flows – previously supplies came from Europe. At the same time, the measure will not solve the problem of importing those goods that have come under sanctions – their turnover will be closely monitored by American and European regulators, so any supplier company also risks being blacklisted, said Mr. Ivanov.

Tatiana Edovina, Diana Galieva

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