Inclusion of dividends in the customs value of goods
Client
Russian company, producer of ready-made feed for farmed animals.
Objectives
A client imported goods into the territory of the Russian Federation on the basis of a supply contract concluded between the client (buyer) and its foreign participant (seller). The customs value of the imported goods was determined at their transaction value with the addition of the costs of transportation (shipping) of the imported goods to the place of their arrival in the customs territory of the EEU. Sheremetyevo Customs adjusted the customs value of the imported goods to include dividends transferred by the client to its participant (seller) and assessed additional customs duty, VAT and penalties for their late payment. The client paid the additional customs duties and penalties.
The client contacted Konsu to appeal the decision of Sheremetyevo Customs.
Result
- Konsu lawyers prepared and submitted to the Federal Customs Service (FCS of Russia) a complaint against the decision of Sheremetyevo Customs.
- Based on the results of the appeal, the Federal Customs Service of Russia overturned the decision of Sheremetyevo Customs.
- All additional customs payments and penalties were refunded to the client.
- In the course of this project, our lawyers substantiated the lack of correlation between the imported goods and the dividends transferred to the seller and submitted the relevant evidence to the FCS of Russia.
Consultation and preparation of complaints against inaction of officials violating the rights of citizens of the Russian Federation
Consultation and preparation of complaints against inaction of officials violating the rights of Russian citizens to freedom of movement and choice of place of stay and residence within the Russian Federation.
Client
International Company. Activities:
- Rental and management of owned or leased real estate property
- Purchase and sale of own real estate
- Management of real estate for a fee or on a contractual basis
Objectives
- Advising a client on a verbal refusal to register subtenants - citizens of the Russian Federation at the place of stay in the district department of settlement and registration of citizens in St. Petersburg and the department for issuing internal passports and registration of citizens.
- Preparation and submission of complaints about inaction of officials violating the rights of Russian citizens to freedom of movement and choice of place of stay and residence within the Russian Federation:
- to the district Department of the Ministry of Internal Affairs of Russia in St. Petersburg
- to the Department of Internal Affairs of the Main Department of the Ministry of Internal Affairs of Russia for St. Petersburg and the Leningrad Region.
- Representation of the client's interests in state authorities.
Work stages
- Negotiations with the client, analysis of documents submitted for registration at the place of residence of citizens of the Russian Federation to the authorized state bodies.
- Analysis of the legislation of the Russian Federation in the field of registration at the place of residence of citizens of the Russian Federation.
- Recommendations to the client on the solution of the issue taking into account the identified gaps in the legislation of the Russian Federation and further actions.
- Preparation and submission of a complaint to the district Department of Internal Affairs of Russia in St. Petersburg.
- Representation of the client's interests in the district Department of Internal Affairs of Russia in St. Petersburg in order to resolve the issue.
- Preparing and sending a complaint to the Department of Internal Affairs of the Main Department of the Ministry of Internal Affairs of Russia in St. Petersburg and the Leningrad region, making an appointment with the Head in order to settle the client's interests.
- Advising the client during the entire process.
Result: The client was provided with recommendations on appealing against inaction of officials with a full analysis of Russian legislation and client’s documents on a specific situation, 2 complaints were prepared and filed, and measures were taken to resolve the situation.
Legal support in passing a migration inspection
Client
International Company. Activities:
- Activities of hotels and other places for temporary accommodation
- Activities on providing places for short-term accommodation
- Activity of restaurants and food delivery services
Objectives
- Analyzing documents from the Ministry of Internal Affairs of the Russian Federation, personnel and permit documents of the client.
- Advising the client on actions to be taken to pass the inspection
- Preparing a response for submission to the Ministry of Internal Affairs of the Russian Federation.
- Clarification from the Ministry of Internal Affairs of the Russian Federation of the confirmation of the check.
Work stages
- Analysis of the request received from the RF Ministry of Internal Affairs, personnel and permit documents of the client and HQS employee in order to identify necessary actions / preparation of documents by the client to respond to the RF Ministry of Internal Affairs request.
- Collection of documents necessary for the response and sending them to the Ministry of Internal Affairs for verification
- Preparation of the client's response and sending it to the RF Ministry of Internal Affairs.
- Clarification from the Ministry of Internal Affairs of the Russian Federation of the status of verification.
Result: The client successfully passed the migration check initiated by the Ministry of Internal Affairs of the Russian Federation.
Amendments to the HQS work permit and work visa due to passport replacement in the Russian Federation
Amendments to the HQS work permit and work visa due to changes in the passport of a foreign employee – single executive body of the employer (position “General Director of a joint stock company”, the Netherlands) upon obtaining a passport of a foreign citizen in the Russian Federation. Extension of HQS work permit and work visa.
Client
International Company. Activities:
- Wholesale of seeds, except oilseeds
- Cultivation of vegetables, melons, root and tuber crops, mushrooms and truffles
- Cultivation of vegetable seeds, except sugar beet seeds
- Potato growing
- Agricultural activities after harvest
Objectives
- Analyzing client's documents (personnel, authorization, founding documents) in order to identify necessary changes in documents.
- Advising the client on the options and timing of changes in authorization documents, building and coordinating the process with the client
- Preparation of necessary personnel documents taking into account the changes in the employee's personal data.
- Advising the employee on medical documents, health insurance, fingerprint registration and mandatory photography
- Adjusting the work permit for a new passport
- Obtaining a multiple-entry work visa for a new passport from the Ministry of Internal Affairs of the Russian Federation
- Extension of work permit for a new term
- Extension of multiple entry work visa for a new term
- Advising the client during the whole process
Work stages
- Analysis of the client's documents (personnel, permits, constituent documents), including document verification and consulting on medical documents, health insurance, fingerprint registration and compulsory photographing of a foreign employee, terms of obtaining a passport of a foreign citizen in the Russian Federation.
- Advising, working out the process of drawing up the necessary documents and coordinating the terms of their drawing up with the client depending on the client's capabilities, advising the client on eliminating deficiencies in the employment contract in accordance with migration and labor legislation.
- Preparation of an additional agreement to the labor contract in terms of eliminating deficiencies, changing the necessary information about the foreign worker in order to reissue and extend the permit documents.
- Preparation and submission of documents for changing the HQS work permit for a new passport to the Ministry of Internal Affairs of the Russian Federation.
- Accompanying the client in obtaining HQS for a new passport at the Ministry of Internal Affairs of the Russian Federation.
- Preparation and submission of documents for changing a multiple entry work visa for a new passport to the Ministry of Internal Affairs of the Russian Federation.
- Obtaining a multiple-entry work visa for a new passport in the Ministry of Internal Affairs of the Russian Federation.
- Preparation and submission of documents for extension of HQS work permit for a new term to the Ministry of Internal Affairs of the Russian Federation.
- Accompanying the client in obtaining an extended HQS work permit in the Ministry of Internal Affairs of the Russian Federation.
- Preparation and submission of documents for extension of work visa for a new term to the Ministry of Internal Affairs of the Russian Federation.
- Obtaining a work visa for a new term in the Ministry of Internal Affairs of the Russian Federation.
Result: Necessary HR documents were prepared for the client, HQS HQS and multiple work visa were changed to a new passport, HQS HQS and multiple work visa were extended for a new period.
Issuance of an invitation for a family member of a foreign HQS employee to obtain a multiple-entry work visa
Client
International Company. Activities:
- Trading in automotive parts, components and accessories
- Manufacture of components and accessories for motor vehicles
- Manufacture of parts for railway locomotives, streetcar and other motor cars and rolling stock; manufacture of track equipment and devices for railway, streetcar and other tracks, mechanical and electromechanical equipment for traffic control.
Objectives
- Analyzing documents of a foreign HQS employee and HQS family member.
- Advising the client on the documents required for the process.
- Checking the validity of the employer company's registration with the Ministry of Internal Affairs of the Russian Federation.
- Obtaining an invitation to apply for a multiple entry work visa
- Advising the client during the whole process
Work stages
- Analysis of permit documents of a foreign HQS employee and HQS family member.
- Checking the validity period of the employer company's registration with the Ministry of Internal Affairs of the Russian Federation.
- Requesting and assisting the client in preparing documents necessary for the process.
- Advising on medical insurance of the HQS employee's family member.
- Preparation and submission of documents for the invitation for a multiple entry work visa in a new passport to the Ministry of Internal Affairs of the Russian Federation.
- Receiving the invitation from the Ministry of Internal Affairs of the Russian Federation and sending it to the client
Result: An invitation for a family member of a foreign HQS worker to obtain a multiple entry work visa was prepared and sent to the client.
Renewal and amendment of HQS work permit and work visa due to passport replacement abroad, company registration
Amendments to HQS work permit and work visa due to change of passport of a foreign employee – single executive body of the employer (position “General Director of the company”, Germany) upon obtaining a passport of a foreign citizen abroad, registration of the company with the Ministry of Internal Affairs of the Russian Federation, extension of HQS work permit and work visa.
Client
International Company. Activities:
- Trading in automotive parts, components and accessories
- Manufacture of components and accessories for motor vehicles
- Manufacture of parts for railway locomotives, streetcar and other motor cars and rolling stock; manufacture of track equipment and devices for railway, streetcar and other tracks, mechanical and electromechanical equipment for traffic control.
Objectives
- Analyzing client's documents (personnel, authorization, founding documents) in order to identify necessary changes in documents.
- Advising the client on options for changing authorization documents and terms, building and coordinating the process with the client
- Preparation of the necessary personnel and constituent documents, taking into account the changes in the employee's personal data and the extension of the powers of the single executive body.
- Registration (registration) of the company-employer in the Ministry of Internal Affairs of the Russian Federation as an inviting organization.
- Receipt of an invitation for a multiple entry work visa in a new passport abroad
- Adjustment of work permit for a new passport
- Renewal of the visa for a new term
- Advising the client during the whole process
Work stages
- Analysis of the client's documents (personnel, permits, founding documents).
- Consulting, development of the process of execution of necessary documents and coordination of terms of their execution with the client depending on his capabilities.
- Preparation of the decision of the general meeting of participants of the legal entity in terms of extending the powers of the single executive body (General Director of the company) taking into account changes in the employee's passport.
- Preparation of an additional agreement to the labor contract in terms of changing the necessary information about the foreign worker in order to re-issue and extend authorization documents, preparation of necessary adjustments in personnel documents.
- Advising on medical insurance of a foreign employee.
- Preparation of documents and registration (registration) of the company-employer in the Ministry of Internal Affairs of the Russian Federation as an inviting organization.
- Preparation and submission of documents for the invitation for a multiple entry work visa in a new passport to the Ministry of Internal Affairs of the Russian Federation.
- Receipt of the invitation in the Ministry of Internal Affairs of the Russian Federation and sending it to the client
- Preparation and submission of documents for changing the HQS work permit to a new passport to the Ministry of Internal Affairs of the Russian Federation.
- Accompanying the client in obtaining HQS for a new passport in the Ministry of Internal Affairs of the Russian Federation.
- Preparation and submission of documents for extending the HQS work permit for a new term to the Ministry of Internal Affairs of the Russian Federation.
- Accompanying a client in obtaining an extended HQS work permit in the Ministry of Internal Affairs of the Russian Federation.
- Preparation and submission of documents for extension of work visa for a new term to the Ministry of Internal Affairs of the Russian Federation.
- Obtaining a work visa for a new term in the Ministry of Internal Affairs of the Russian Federation.
Result: The client prepared the necessary personnel documents, the minutes of the General Meeting of Shareholders of the legal entity on the extension of the powers of the single executive body; the company was registered with the Ministry of Internal Affairs as an inviting organization; an invitation was received to apply for a work visa for a new passport, changes were made and the HQS work permit was received for a new passport, the HQS work permit and the work visa were extended for a new period.
Amendments to the work permit and work visa due to changes in the foreign worker's name and passport
Amendments to the work permit (annual) and work visa due to the change of name and passport of a foreign employee – single executive body of the employer (position “General Director of the enterprise”, Finland) upon obtaining a passport of a foreign citizen in the Russian Federation.
Client
International Company. Activity:
- Wholesale of other machinery, equipment and accessories (modular and mobile concrete batching plants and control systems thereto)
- Manufacture of cement, lime and gypsum
- Manufacture of other electrical equipment
- Manufacture of electrical distribution and control equipment
Objectives
- Analyzing client's documents (personnel, authorization, founding documents) in order to identify necessary changes in documents.
- Advising the client on options for changing authorization documents and terms, building and coordinating the process with the client
- Preparation of necessary personnel and constituent documents taking into account the changes in personal data of the employee - single executive body.
- Assistance in obtaining a new passport in the Russian Federation
- Adjustment of the work permit
- Re-issuance of a work visa in the Russian Federation
- Advising the client during the entire process
Work stages
- Analysis of the client's documents (personnel, permits, founding documents).
- Consulting, working out the process of execution of the necessary documents and agreeing the terms of their execution with the client depending on his capabilities.
- Obtaining a new passport for the client at the Consulate in the Russian Federation.
- Preparation of a resolution of the general meeting of participants of a legal entity regarding the extension of the powers of the single executive body (General Director of the company) taking into account changes in the employee's personal data.
- Preparation of an additional agreement to the labor contract in terms of changing the necessary information about the foreign employee, the necessary adjustments in personnel documents.
- Preparation and submission of documents for changing the work permit (annual) to the Ministry of Internal Affairs of the Russian Federation.
- Obtaining a new work permit from the Ministry of Internal Affairs of the Russian Federation.
- Preparation and submission of documents for re-issuance of a work visa to the Ministry of Internal Affairs of the Russian Federation.
- Obtaining a new work visa in the Ministry of Internal Affairs of the Russian Federation.
Result: HR documents were prepared for the client, the minutes of the AGM of the legal entity on the extension of the powers of the single executive body, changes were made and a new work permit (annual) and work visa were obtained, taking into account changes in the personal data of the foreign employee.
Advice on the issue of residence and work in Moscow for a foreign HQS employee (Italy) with work permit for St. Petersburg
Client
International Company. Activities:
- Wholesale of paint and varnish materials.
Objectives
- Audit of the employee's authorization documents for the right to work in the Russian Federation and the employer's HR documents in order to determine the possibility of work/residence of a foreign HQS employee in a region other than the work permit region.
- Identification of risks (liability) for the employer and the foreign citizen.
- Making recommendations (counseling) to the client.
Work stages
- Audit of authorization documents for a foreign worker to work in the Russian Federation and the employer's HR documents
- Analysis of migration, labor and administrative legislation in terms of the possibility of work/residence of a foreign worker - HQS in a region different from the work permit region.
- Identification and description of risks (liability) for the employer and the foreign citizen.
- Description of conditions under which it is possible for a HQS employee to work/stay in a region different from the work permit region, recommendations for eliminating the identified risks and opportunities to bring documents into compliance with the Russian legislation.
Result: The client was advised on the issue of work/residence in Moscow of a foreign HQS employee with an work permit in St. Petersburg, with analysis of the documents provided for a particular HQS employee, description of opportunities and risks, and proposed options for resolving the issue. Additionally, in the course of document verification, an inaccuracy in the personal data (different spelling of the surname) of the employee was revealed in the documents, the risks associated with this inaccuracy were described and solution options were proposed.
Challenging the refusal to accept documents for the migration registration of a foreign citizen
Consultation and preparation of complaints against unjustified refusal to accept documents for migration registration at the place of temporary stay of foreign citizens (Korea).
Client
International Company. Activities:
- Rental and management of owned or leased real estate property
- Purchase and sale of own real estate
- Management of real estate for a fee or on a contractual basis
Objectives
Legal support on migration issues:
- Recommendations to the client on the verbal refusal to accept documents for migration registration at the place of temporary stay of foreign citizens by the district department of the Department of Internal Affairs of the Main Department of the Ministry of Internal Affairs of Russia for St. Petersburg and the Leningrad Region.
- Preparing and sending complaints:
- to the district department of the Department of Internal Affairs of the Main Department of the Ministry of Internal Affairs of Russia for St. Petersburg and Leningrad region
- to the Main Department of the Ministry of Internal Affairs of Russia in St. Petersburg and the Leningrad Region.
- Representation of client's interests in state authorities.
Work stages
- Negotiations with the client, analysis of documents submitted for migration registration at the place of stay of foreign citizens to the authorized state body.
- Analysis of Russian legislation in the field of migration registration at the place of stay of foreign citizens.
- Recommendations to the client on the solution of the issue and further actions.
- Representation of the client's interests in the district department of the Department of Internal Affairs of the Main Department of the Ministry of Internal Affairs of Russia for St. Petersburg and Leningrad Region in order to resolve the issue.
- Preparation and submission of a complaint to the District Department of the Department of Internal Affairs of the Main Department of the Ministry of Internal Affairs of Russia for St. Petersburg and Leningrad Region.
- Preparing and sending a complaint to the Department of Internal Affairs of the Main Department of the Ministry of Internal Affairs of Russia for St. Petersburg and the Leningrad Region.
- Advising the client throughout the process.
Result: On the instructions of a higher government body, the district department of the Department of Internal Affairs of the Main Department of the Ministry of Internal Affairs of Russia for St. Petersburg and Leningrad Oblast accepted the client’s documents for migration registration at the place of temporary stay of foreign citizens.
Obtaining HQS work permits, visa invitations and notifications on conclusion and termination of employment contracts
Preparation of documents for the purposes of obtaining a work permit for a foreign employee of HQS (Finland) for the position “General Director of the enterprise”, invitation for multiple work visa, notifications of termination and conclusion of employment contracts.
Client
International Company. Activities:
- Installation of industrial machinery and equipment
- Wholesale of agricultural and forestry machinery, equipment and tools, including tractors
- Wholesale of woodworking machines
Objectives
- Preliminary analysis of the possibility of extending the current HQS work permit for a new term if the employer fails to comply with the obligation to provide the employee with a VHI policy for a certain period during employment under the current HQS work permit, including consultation with the Ministry of Internal Affairs.
- Advice to the client to resolve the situation in order to continue the employee's employment in the Russian Federation with minimization of the risks of bringing the employer to administrative responsibility and continuing commercial activities without changes in the sole executive body.
- Filing notices of termination and conclusion of labor contracts.
- Obtaining a HQS work permit for a new term
- Obtaining an invitation to apply for a multiple-entry work visa for a new term.
Work stages
- Proper execution of dismissal, admission and suspension of a foreign worker with calculation of necessary terms, introduction of a temporary authorized person with the right to sign documents: preparation of necessary documents.
- Preparation and submission to the Ministry of Internal Affairs of a notice of termination of the employment contract.
- Preparation of the employment contract, notification of the conclusion of the employment contract and submission of the notification to the Ministry of Internal Affairs.
- Preparation of a set of documents for obtaining a new HQS work permit for the position of "General Director of the enterprise", and submission to the Ministry of Internal Affairs.
- Preparation of a set of documents for obtaining an invitation for a new work visa for a new term, and submission to the Ministry of Internal Affairs. Receiving the invitation and sending it to the client.
- Accompanying the client's employee in obtaining the HQS work permit at the Ministry of Internal Affairs.
- Advising the client during the entire process.
Result: the client obtained all the necessary permits for a foreign HQS employee to work in the Russian Federation without suspending commercial activities and without changing the sole executive body. The risks of violations of labor and migration law and possible claims from the Russian Ministry of Internal Affairs or Labor Inspection were minimized.