Audit of the organization's internal regulations on personal data for compliance with 152-FZ

Client

Major international manufacturer of electrical and electronic equipment for motor vehicles, manufacturer of parts and accessories for motor vehicles. Activities:

  • carrying out maintenance and repair of passenger cars
  • trade in automobile parts, assemblies and accessories

Objective

Verification of internal regulations in the field of personal data taking into account the latest amendments and additions to the 152-FZ, indicating shortcomings, recommendations for elimination.

Project stages

  • carrying out a detailed review of local normative acts on personal data, as well as consent forms
  • analysis of violations and inconsistencies identified, taking into account all amendments to the 152-FZ
  • identification of missing forms, recommendations on their development
  • preparation of the final report on all identified shortcomings, amendments, description of the wording that reduces the risks of bringing the personal data processing Operator to liability, including to reduce the risks of Roskomnadzor inspection

Result – report on all identified violations and suggestions for corrections and additions.


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Amendments the procedure for migration registration en konsu out

Amendments to the procedure for migration registration of foreign citizens

On October 26, 2023, amendments to the Federal Law of July 18, 2006, No. 109-FZ "On the Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation" were implemented (introduced by Federal Law of April 28, 2023, No. 156-FZ).

These changes pertain to the ability of foreign citizens to independently submit a notification of their arrival to the immigration authorities. This option is now available in the following cases (in addition to cases specified by law earlier[1]):

  1. A foreign citizen personally submits electronically within the legally established timeframe[2] a notification of their arrival to the immigration authorities, as well as the arrival of their children under the age of 18, if:

- the residential premises provided to the foreign citizen for actual residence (temporary stay) are owned by a Russian citizen who has a personal account on the "Gosuslugi" portal and is registered in the ESIA state system (ESIA Gosuslugi), and
the foreign citizen has a personal account on the "Gosuslugi" portal and is registered in the ESIA state system (ESIA Gosuslugi).
In this case, the consent of the owner of the residential premises for the actual residence (temporary stay) of the foreign citizen and children under the age of 18 in the residential premises owned by this owner is confirmed using the portal ESIA Gosuslugi in the manner prescribed by the Government of the Russian Federation.

Regarding their children under the age of 18, documents confirming the family relationship[3] are attached to the notification.

Exception: This does not apply to cases where a foreign citizen is accommodated in organizations and institutions specified by the Law, including hotels, sanatoriums, medical organizations, social service organizations, and organizations where legal/other activities not prohibited by law are carried out (if the foreign citizen actually resides at the address of such organization/its premises)[4].

  1. If a foreign citizen who has arrived in the Russian Federation in accordance with the visa requirement actually resides in the premises declared in the application for the issuance of an invitation to enter the Russian Federation as the intended place of stay, then the notification of their arrival at this place of stay can be submitted to the migration registration authority personally by the foreign citizen[5].

Exception - the same as item 1 above.

  1. In the case of concluding a lease agreement for residential premises between the foreign citizen and the receiving party, the foreign citizen shall submit a notification of their arrival at the place of stay and the arrival of their children under the age of 18, specified in the lease agreement, to the migration registration authority in person or in electronic form.

A copy of the residential lease agreement and documents confirming the family relationship (for children under 18 years of age) [6] shall be attached to the notification.
Additionally, it is provided that when the foreign citizen submits a notification of their arrival at the place of stay and the arrival of their children under 18 years of age in electronic form, the detachable part of this notification in electronic form, signed by the qualified electronic signature of the official of the migration registration authority, shall be sent to the personal account of the foreign citizen in ESIA Public Services, which will serve as confirmation that the receiving party has taken the necessary actions to register the foreign citizen at the place of stay[7]. This provision applies only in cases when:

  • the foreign citizen declares actual residence (stay) in a residential premises owned by them[8];
  • the notification is sent through ESIA Public Services (item 1 discussed above)[9];

when the premises are provided by the receiving party under a residential lease agreement (item 3 discussed above)[10].


[1] part 3-3.2. of article 22 Law No. 109-FZ

[2] The deadlines are established in part 3 of article 20 Law No. 109-FZ

[3] part 3.3. of article 22 Law No. 109-FZ

[4] paragraphs 1 and 3 of part 3 of article 20 and part 2 of article 21 Law No. 109-FZ

[5] part 3.4. of article 22 Law No. 109-FZ

[6] part 3.5. of article 22 Law No. 109-FZ

[7] part 4.1., part 7 of article 22 Law No. 109-FZ

[8] part 3.1. of article 22 Law No. 109-FZ

[9] part 3.3. of article 22 Law No. 109-FZ

[10] part 3.5. of article 22 Law No. 109-FZ


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Military records currency control en konsu outsourcing consultin

Military records | Currency control

Contents

01:54 Introduction to military record-keeping in organizations. Changes in 2023
02:23 Regulatory acts on the basis of which military record-keeping is conducted
03:30 Fines for employers and employees for violations in the field of military record-keeping
06:06 Who are conscripts (draftees) and who is subject to military record-keeping
10:30 Military record-keeping for residents abroad (and those who leave for more than 6 months), individual entrepreneurs, and part-time employees
13:55 Types of military record-keeping: general and special
14:34 Documents for military record-keeping
company registration for military record-keeping
determination of the region for military record-keeping
25:10 Employer responsibilities – reporting to the draft board, maintaining records, and a plan for military record-keeping work
29:30 Recommendations for contracts with non-residents. Currency control
30:35 Settlements with non-residents for import and export contracts (goods, services)
32:30 Important elements of import and export contracts
34:00 Changes that need to be registered and added to Section 1 of the banking control statement
35:23 Recording deviations and the inability to fulfill obligations under import and export contracts
37:12 Loan agreement settlements
38:22 Recording deviations and the inability to fulfill obligations under loan agreements
39:30 Offsetting reciprocal claims in other ways
41:15 Settlements with non-residents not through the bank where the contract is registered
44:24 Answers to questions
45:20 Will the minimum conscription age change from 18 to 21?
46:07 If a female employee concealed her medical education during hiring (for example, she applied for a secretary position), should military record-keeping be conducted for her?
47:10 What fines will there be if the company does not register for military record-keeping?
47:56 Is it necessary to submit reports to the draft board if there are no draftees or conscripts in the company (is zero reporting required)?
49:10 Will the employer be responsible if the employee does not present a military specialty diploma? Does the employer have the right to refuse employment in case of refusal to provide such a diploma?
50:50 Is it necessary to register a separate division with the draft board, or can it be conducted for the parent company?
51:24 Is it mandatory for companies to register with the draft board?
52:00 What will happen if you do not register or maintain military record-keeping?
52:32 In what cases can the draft board conduct inspections?
54:35 Can notifications of hiring/firing/changes be submitted by mail?
54:55 Will the employer be held responsible if the employee does not provide information to the employer?
56:03 The organization has never reported on military record-keeping. Where to start and what needs to be done?
57:56 Our bank does not conduct transactions in euros. How to transfer money to a non-resident contractor?
58:56 Within what timeframe is it necessary to provide data on changes in the CEO for military record-keeping?
1:00:17 Are there limits on the remaining funds when transferring to non-resident contractors?
1:01:27 In what cases is it necessary to provide SV0 to the bank?
1:01:50 In what cases should SV2 be submitted to the bank?
1:02:35 Military record-keeping for employees permanently residing abroad. What to do with them?
1:04:25 There are no military record-keeping marks in the passport, and it does not provide any information. What should the employer do?
1:05:30 The woman’s passport has no marks, and no diploma is provided. What should the employer do?
1:06:30 The employee does not report changes in their status. What should the employer do?
1:07:44 Are the bank’s requirements for compliance with the 10 million per month threshold when settling legally valid?
1:08:09 Is it necessary to submit SV0 to all banks?
1:08:47 Citizen reservation database. If the company is listed, is it necessary to notify the change of CEO?
1:11:33 A power of attorney for military record-keeping – only for relatives or anyone?
1:12:07 If an employee is not of conscription age but has no marks in the passport, is it necessary for them to go to get the mark?
1:12:45 What to do if an employee conceals their education or the existence of military record-keeping documents?
1:14:00 An employee presents a passport with an empty 13th page. What should the employer do?
1:15:34 An employee not of conscription age refers to paragraph 3 of the military service law and refuses to have the mark in the passport about removal. What should be done?
1:16:58 If we have 20 female waitresses with no education, do we need to check each one for the presence of military specialty marks?
1:19:10 At what age does a man cease to be subject to conscription if he has never been on military record-keeping?

Question about military registration and reporting for company branches and rep. offices

Question: The Moscow City Administration has issued us a certificate stating that we are registered in the citizen reservation database, and the certificate is valid until November 1, 2024. However, an employee of the City Administration claims that we should re-submit the enterprise card when opening a separate division and register it with the administration when changing the general director. Is this true, and is it confirmed by legislative acts? In other words, if we open separate divisions every month during the validity of the registration certificate with the Administration, do we need to register each separate division there?

Answer: Regarding military accounting of separate divisions, there are no regulatory guidelines. It is not prohibited to conduct military accounting either by the regions where the separate divisions are located or by a single region where the main division is located. We recommend coordinating the issue of military accounting for separate divisions with your draft board and the City Administration, as there may be specific practices followed by specific draft boards/City Administrations.

If the separate division is not a legal entity, there is no need to separately register it for military accounting and submit an organization accounting card in Form 18. The military accounting for the separate division is the responsibility of the main enterprise.

Details

Date and time

October 26, 2023
15:00-16:30 MSK

Language

Russian

Admission

Free

Platform

MS Teams

Speakers and topics

Ekaterina Matyushkova

  • Head of the HR administration team

Basic provisions and rules for maintaining military records of employees in organizations. Changes in 2023

  • regulations
  • fines, sanctions
  • who is subject to military registration: categories of persons liable for military duty
  • Military registration for those residing abroad, employees in employment, part-time workers

Organization of military record keeping in the company

  • types of military registration
  • documentation for maintaining military records
  • employer responsibilities
Download presentation PDF RU

Olga Babayan

  • Team leader of the Accounting and Reporting Outsourcing Department

Recommendations on contracts with non-residents within the framework of currency control

  • settlements with non-residents under import contracts
  • settlements with non-residents under export contracts
  • settlements under loan agreements
  • set-off of counterclaims
  • settlements with non-residents not through the bank of NOC registration
Download presentation PDF RU