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Establishment restrictions

RUSSIA

Since June 2017

Chapter Investment  |  Sub-chapter Restrictions on ownership
Federal Law “On Information, Information Technologies and Information Security”
According to the Federal Law "On Information, Information Technologies and Information Security", audiovisual services may be owned only by Russian legal entities or Russian citizens not having the nationality of another state, although minority stakes (maximum 20%) are permitted. Additionally, this restriction only applies to audiovisual services with a share of Russian users exceeding 50%. Those with a share of Russian users below 50% are subject to approval by Roskomnadzor.
Coverage Audiovisual services
Establishment restrictions

RUSSIA

Since February 2016

Chapter Investment  |  Sub-chapter Restrictions on ownership
Law “On mass media” - amendments in 2016
The law “On mass media” was adopted in the fall of 2014 and certain amendments concerning the ownership limits were introduced in February 2016. According to the amendments, ownership of all media by foreign companies and citizens is limited to 20%. This has led to large-scale redistribution of property in the media market and the departure from Russia of a number of major international publishers (e.g. Finnish Sanoma, Axel Springer, the German, the American Dow Jones and FT Group). Other foreign shareholders in the Russian media either reduced their stakes in Russian media or re-registered the ownership in the Russian jurisdiction.
Coverage Media sector
Establishment restrictions

RUSSIA

Since April 2008

Chapter Investment  |  Sub-chapter Restrictions on ownership
Art. 4 and Art. 6 of the Federal Law No.57-FZ: Procedures for Foreign Investments in the Business Enterprises of Strategic Importance for Russian National Defence and State Security
For a "company of strategic importance", foreign state controlled investors cannot acquire more than 50% of majority voting rights.
Coverage Companies of "strategic importance"
Sources
Fiscal Restrictions

RUSSIA

Reported in 2018

Chapter Public Procurement  |  Sub-chapter Requirement to surrender patents, source codes, trade secrets
Complaints of surrender of source code
SAP, Symantec, and McAfee are reported to have permitted the Russian government to inspect their products' source code. Such inspection, required on security grounds, was a precondition of doing business in the country. There are concerns in the US that source code inspection would enable Russian intelligence services to find exploitable vulnerabilities the products, which are widely used in the US Government.
Coverage Anti-virus providers
Fiscal Restrictions

RUSSIA

Since 2013

Chapter Public Procurement  |  Sub-chapter Preferential purchase schemes covering digital products and services
WTO Government Procurement Agreement (GPA)
Russia is currently only an observer to the WTO Agreement on Government Procurement.
Coverage Horizontal
Fiscal Restrictions

RUSSIA

Since November 2015

Chapter Public Procurement  |  Sub-chapter Preferential purchase schemes covering digital products and services
Decree No. 1236
The Decree No. 1236 limits the procurement of foreign software. It stipulates that only Russian software will be admitted to state and municipal orders, unless Russian software does not exist or it does not fit some of the criteria. Only under these exceptional circumstances will organizations be able to purchase from foreign counterparts.
Coverage Software
Sources
Fiscal Restrictions

RUSSIA

Since December 2015

Chapter Public Procurement  |  Sub-chapter Preferential purchase schemes covering digital products and services
Decision No. 155 of the Ministry of Economic Development
As from 31 December 2015, the Ministry of Economic Development's Decision No.155 grants preferences of 15% in relation to the contract price in public procurement auctions and tenders to participants who propose to supply goods originating from Russia, Belarus or Kazakhstan.
Coverage Horizontal
Source
  • European Commission, DG Trade, 11th Report on Potentially Trade-Restrictive Measures Identified in the Context of the Financial and Economic Crisis, 1 June 2013 – 30 June 2014: http://trade.ec.europa.eu/doclib/docs/2014/november/tradoc_152872.pdf
Fiscal Restrictions

RUSSIA

Since September 2016

Chapter Public Procurement  |  Sub-chapter Preferential purchase schemes covering digital products and services
Resolution No. 968
In late September 2016, Russia imposed a ban on the procurement of 113 different types of foreign-made radio-electronic products and components for state and municipal needs when there are at least two bids for similar items manufactured in Russia or an Eurasian Economic Union Member State.
Coverage ICT products
Fiscal Restrictions

RUSSIA

Reported in November 2014

Chapter Public Procurement  |  Sub-chapter Preferential purchase schemes covering digital products and services
Amendments to the Federal Public Procurement Law
Russia introduced amendments to the Federal Public Procurement Law granting increased preferential treatment to domestic suppliers of goods and services. Foreign producers of foreign-made products and services (as opposed to foreign brands made domestically) are not allowed to bid for public contracts if at least two domestic producers are also bidding.
Coverage Horizontal
Source
  • WTO, UNCTAD, OECD, Report on G20 Trade and Investment Measures (Mid-May 2014 to Mid-October 2014), 5 November 2014: http://www.oecd.org/daf/inv/investment-policy/12th-G20-Report.pdf
Fiscal Restrictions

RUSSIA

Reported in 2012

Chapter Taxation & Subsidies  |  Sub-chapter Subsidies and favourable tax regime
Ruling by Russia’s Supreme Arbitration Court
In January 2012, Russia’s Supreme Arbitration Court published a ruling prohibiting tax-payers with foreign capital to deduct interest that they pay on loans ‘with a foreign element’. These include loans provided:
- by a foreign legal entity which directly or indirectly owns more than 20% of the Russian entity financed;
- by a Russian entity which is an affiliated party of a foreign entity which, directly or indirectly, owns more than 20% of the Russian entity financed;
- to a Russian entity in respect of which a foreign entity, which directly or indirectly owns more than 20% of the entity financed, or its Russian affiliate, issues a guarantee, acting as surety or otherwise securing the fulfillment of the debt obligation.
Coverage Foreign companies
Fiscal Restrictions

RUSSIA

Entry into force in January 2019

Chapter Taxation & Subsidies  |  Sub-chapter Discriminatory tax regime on online services
Amendment to Russian VAT law ("Google Tax")
In January 2017, new Russian value-added tax (VAT) rules for electronic services (e-services) introduced an obligation for nonresident providers of e-services to register for VAT and apply Russian VAT to their services provided to private individuals. There is no registration threshold. Therefore, all foreign businesses that sell digital products to Russia-based consumers must collect VAT and report to Russian tax authorities. In effect, this means that a VAT of up to 18% is charged on online purchases in Russia.

The VAT regime for e-services will apply along with the VAT exemption for licensing of software and databases. Absent of any clear distinction between "software as a service" and software as an IP right, using this exemption for e-services would likely lead to disputes with tax authorities. This exemption is also expected to be abolished soon.

This change is due to come into force in January 2019.
Coverage Horizontal
Fiscal Restrictions

RUSSIA

Since 2007

Chapter Taxation & Subsidies  |  Sub-chapter Discriminatory tax regime on digital goods and products
Article 1245 of the Civil Code of the Russian Federation
Russia applies a copyright levy of 1% all devices that can record sound and/or audio. There is a wide list of devices (mobiles, computers, CDs, DVDs, etc). It also applies 1% copyright levy on all devices with recording functions of a phonogram/work.
Coverage Sound and audio equipment
Sources
  • WIPO, International Survey on Private Copying, 2013: http://www.wipo.int/edocs/pubdocs/en/copyright/1037/wipo_pub_1037_2013.pdf
  • Civil Code of the Russian Federation: http://www.wipo.int/edocs/lexdocs/laws/en/ru/ru004en-part4.pdf
Fiscal Restrictions

RUSSIA

ITA signatory? I II

Chapter Tariffs and Trade Defence  |  Sub-chapter Applied tariffs on digital goods
Average MFN rate
2.7%
Weighted average MFN rate
1.02%
Maximum tariff rate
17.00%
Coverage rate of zero-tariffs
62.25%

Coverage: Digital goods

Trading restrictions

PARAGUAY


Chapter Online sales and transactions  |  Sub-chapter Domain name (DNS) registration requirements
Pautas del Servicio de Delegación de Nombres de Dominio para el TLD PY
Foreign individuals and companies can register for a .py domain, but they are required to have an authorised representative in Paraguay.
Coverage Horizontal
Trading restrictions

PARAGUAY

Since 2017

Chapter Online sales and transactions  |  Sub-chapter Barriers to fulfillment
No de minimis rule
Paraguay repealed its de minimis rule in 2017. It used to allow goods with a value of up to 66 SDR / 100 USD to be exempted from taxes and duties collected by customs.
Coverage Horizontal