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|Business advice on trading safely with Russia|
|Monday, 02 November 2015|
Leading trade credit insurer Atradius says businesses need not to be afraid to trade with Russia, despite the country being in the midst of a recession.
In a new Trade With Russia economic report, Atradius outlines that Russia could still provide export and investment opportunities for UK businesses providing that adequate precautions are taken.
James Burgess, Senior Commercial Manager at Atradius’ London office, said: “Businesses may have been burned by the UK recession but their domestic experience should not deter them from seeking out trade opportunities in Russia. While the Russian economy is in recession, there is still demand for many imported products and services. In particular there is opportunity in sectors such as luxury consumer goods, engineering products and pharmaceuticals. Meanwhile, Russia’s investment and modernisation programmes provide opportunities for foreign investment, expertise and technology.
“Of course we would advise that exporters do their homework up front so that they understand the legal and cultural differences, and are aware of typical payment practices but with robust risk management in place there is significant potential to do business with Russia.”
Atradius’ new report outlines 10 important principles for businesses looking to trade safely within Russia:
Choose the law you feel comfortable with: In cross-border relationships, the parties are entitled to choose the law that should govern their supply relationship. UK suppliers can therefore choose to be governed by English law.
Get the basics right: Ensure your written agreements are comprehensive and robust. There are cases where supply agreements are not enforceable due to basic omissions. For instance, it is not unusual to find more than one legal entity using the same corporate name so the business must be clearly identified. The agreement must also contain sufficient details about the specification, quantity, quality, price, payment provisions and specific terms of the supply.
Keep it simple: Use simple and transparent supply arrangements in the form of direct deliveries to the customer and direct payment. Avoid indirect import schemes which may unwittingly involve evasion of customs duty or import tax as such schemes are coming under increasing scrutiny by the Russian authorities.
Get paid: Supplies should only be made to creditworthy entities with sufficient assets for payment claims to be enforceable. If this cannot be guaranteed, seek additional security from a sufficiently solvent affiliated company or third party guarantor. In addition, define payment obligations – in writing and in advance.
Be aware of corporate approval requirements: Supply agreements are usually signed by The General Director of a Russian company. To verify, it is common practice to request the company’s charter and shareholders’ resolution on their appointment. Corporate approvals may also be required on the Russian side under specific circumstances.
Comply with competition laws: Any supply agreement is subject to mandatory Russian competition rules. There is a safe harbour exemption for vertical agreements that do not hold a market share of 20% of any of their markets. Where one party has a market dominating position, special rules apply.
Extra regulations: If your arrangement is more than the supply of goods/services, it may be subject to additional requirements under Russian law, for instance, if it contains features of a franchise relationship or relates to intellectual property rights.
Comply with the sanctions: The EU and USA have imposed comprehensive sanctions on Russia which restrict certain imports and exports. The supplier should monitor prohibitions, restrictions and licensing requirements and keep up to date with any changes.
Consider the dispute resolution forum in advance: Contractually agree on the dispute resolution forum as decisions of a foreign court cannot normally be enforced in Russia and vice-versa. For cross-border supply agreements, parties must include an arbitration clause.
Be insured: For cross-border suppliers to Russia, consider export insurance from the UK. Atradius is able to advise its customers on the opportunities and risks of trading in Russia as well as providing protection against the risks of not getting paid.
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