NON-TARIFF REGULATION - applied, in particular, through quotas and licensing of foreign trade activities. The types of non-tariff regulation applied in accordance with the Law on State Regulation of Foreign Trade Activities include:

Quality control of imported goods. The participation of the Russian Federation in international economic sanctions against one state or a number of states and the implementation of these sanctions are determined by decrees of the President of the Russian Federation. Russian persons have the right to compensation in court for losses associated with the participation of the Russian Federation in international economic sanctions, at the expense of the federal budget (Article 21 of the Law on State Regulation of Foreign Trade Activities).

Encyclopedia of Russian and international taxation. - M.: Lawyer. A.V. Tolkushkin. 2003.

See what “NON-TARIFF REGULATION” is in other dictionaries:

Non-tariff regulation- a method of state regulation of foreign trade in goods, carried out by introducing quantitative restrictions and other prohibitions and restrictions of an economic nature. Dictionary of business terms. Akademik.ru. 2001 ... Dictionary of business terms

NON-TARIFF REGULATION- a method of state regulation of foreign trade in goods, carried out through the introduction, termination of quantitative restrictions and other measures of state regulation of foreign trade activities, other than customs measures... ... Customs business. Dictionary

Non-tariff regulation- 17) non-tariff regulation is a method of state regulation of foreign trade in goods, carried out by introducing quantitative restrictions and other prohibitions and restrictions of an economic nature;... Source: Federal Law of... ... Official terminology

non-tariff regulation- a method of state regulation of foreign trade in goods, carried out through the introduction of quantitative restrictions and other prohibitions and restrictions of an economic nature... Customs law. Glossary

State regulation of foreign economic activity in the Republic of Belarus- IN modern conditions the state actively regulates foreign economic relations in the national interests. In principle, the economic instruments for regulating foreign economic relations are more consistent with the market economic system, first of all... ... Wikipedia

A set (complex) of government measures aimed at serving the interests of the national economy, stimulating the foreign economic activity of domestic producers, and their protection from foreign competition. Includes: relevant... ... Wikipedia

STATE REGULATION OF FOREIGN ECONOMIC RELATIONS Legal encyclopedia

STATE REGULATION OF FOREIGN ECONOMIC RELATIONS- a system of government measures in the interests of the national economy, stimulating foreign economic activity of domestic producers, their protection from foreign competition. Includes relevant organization tax system credit... ... Encyclopedic Dictionary of Economics and Law

Import- (Import) The concept of import, import of goods, import licensing Information about the concept of import, import of goods, import licensing Contents Contents Indirect imports Parallel imports Licensing of imports of goods Basics ... ... Investor Encyclopedia

Rail transport in Russia- Suburban electric trains EM2 and ER2 ... Wikipedia

Books

• Fundamentals of customs affairs. Textbook for universities, Vladimir Svinukhov, Ksenia Staroverova, Svetlana Senotrusova, Tatyana Zueva, Alexander Dzhabiev. The textbook consists of 12 chapters, which discuss such important areas as organizational and managerial activities of customs authorities; customs tariff and non-tariff...

MINISTRY OF EDUCATION AND SCIENCE OF THE RUSSIAN FEDERATION

Federal State Budgetary Educational Institution

higher professional education.

Siberian State Aerospace University

named after academician M.F. Reshetneva.

Course work

Subject: “System of non-tariff regulation of foreign trade activities”

Topic: “Features of the application of non-tariff restrictions in various customs procedures”

Krasnoyarsk, 2015

Introduction

Chapter 1. Concept, essence, purposes of application and classification of non-tariff regulation measures.

1.1 Concept, essence, purposes of applying non-tariff regulation measures.

1.2 Classification of non-tariff regulation measures.

Chapter 2. Features of the application of non-tariff regulation measures.

2.1 The procedure and features of the application of non-tariff regulation measures.

Conclusion.

Introduction

Topic: “Features of the application of non-tariff restrictions in various customs procedures.”

Non-tariff restrictions on foreign trade lead to net welfare losses, but despite this, they are widely used by almost all states, including Russia. This can be explained by the fact that when using such methods, the effect of income redistribution occurs; also, non-tariff barriers are more hidden than tariffs, and their effect is more difficult to measure and reflect in statistical indicators. Moreover, such methods enable countries to quickly respond to changes in the economic situation and take effective measures in the short term.

PurposeThis work is to generalize knowledge about non-tariff regulation measures, as well as about the features of their application when placed under customs procedures.

To achieve this overall goal, the following are decided tasks:

formulation of the concept of non-tariff regulation measures;

highlighting the main goals of non-tariff regulation;

identifying the features of their application.

The methodological basis of the research is the dialectical method of scientific knowledge of the objective world and the general scientific and special scientific methods arising from it: theoretical analysis, comparative, system-structural, comparative analysis results of research conducted by other authors on issues close to the problem being developed.

Relevance. The category of development of non-tariff regulation measures is an integral part of the economic and customs system of each state as a whole. Economic and customs relations at this stage are developed in most states. Including in our country. This topic is very relevant, because... the use of non-tariff regulation measures is very popular at this stage of life. And this topic In the last decade, it has been especially considered by a number of scientists.

Scientific noveltyis that for the first time all non-tariff regulation measures and their application when placed under various customs procedures were subjected to a comprehensive study.

Chapter 1. Concept, essence, purposes of application and classification of non-tariff regulation measures

.1 Concept, essence, purposes of applying non-tariff regulation measures

Non-tariff regulatory measures are a set of methods of state regulation of foreign economic activity, aimed at influencing processes in the field of foreign economic activity, but not related to customs and tariff methods of state regulation.

Goals and objectives of their introduction:

· Introduction of temporary quantitative restrictions on the export or import of certain goods caused by the need to protect the national market

· Introduction of an exclusive right to export or import certain goods

· Fulfillment of international obligations

· Introduction of special protective, anti-dumping and countervailing measures

· Protection of public morals and law and order

· Protection of cultural property

· Ensuring national security.

In accordance with the UNECE classification, non-tariff methods can be divided into three groups:

1.Direct restriction measures

2.Customs and administrative formalities

.Other non-tariff methods

Regulation of foreign economic relations is an integral function of any state seeking to ensure its political independence and economic security.

The practice of applying state regulation of foreign economic activity indicates a very strict, often hidden - in order to protect national markets - use of non-tariff barriers.

Since the problems of economic development and ensuring economic security are quite acute in Russia, one of the urgent tasks for our country, for the Customs Union, is the formation of an effective system of non-tariff regulation measures, including trade restrictions and foreign trade.

Tariff and non-tariff methods of regulation were first proposed by the Secretariat of the General Agreement on Tariffs and Trade (GATT) in the late 60s. The same Agreement defined non-tariff regulation as “any action, other than tariffs, that impedes the free flow of international trade.”

The classification scheme developed by the GATT Secretariat in the early 70s currently includes more than 800 specific types of non-tariff measures and combines all non-tariff restrictions into 5 main categories:

) restrictions caused by state participation in foreign trade operations. These include subsidies and grants to exporters or import-substituting industries, a preferential system for placing government orders, the use of local semi-finished products and components under certain conditions; measures that discriminate against the transportation of foreign goods and foreign carriers, etc.;

) customs and other administrative import and export formalities, for example, a complicated customs clearance procedure, as well as methods for assessing the customs value and country of origin of goods; excessive requirements for the preparation of shipping documents;

) technical barriers to trade: standards and requirements related to environmental, sanitary, veterinary standards, packaging and labeling of goods, rules and procedures for product certification;

) quantitative and similar administrative measures, in particular, import quotas, export restrictions, licensing, voluntary export restrictions, bans, as well as currency restrictions;

) restrictions based on the principles of ensuring payments, namely: taxes, fees, import deposits, sliding taxes, anti-dumping and countervailing duties, border taxation.

Unified measures of non-tariff regulation were approved by the Agreement between the Governments of the Russian Federation, the Republic of Belarus and the Republic of Kazakhstan dated January 25, 2008.

The Agreement does not apply to relations between the Parties relating to issues of export control, military-technical cooperation, technical regulation, application of sanitary, veterinary and phytosanitary requirements and measures, as well as special protective, anti-dumping and countervailing measures.

According to the decision of the Interstate Council of the EurAsEC (the highest body of the Customs Union) at the level of heads of state No. 19 of November 27, 2009 “On unified non-tariff regulation of the Customs Union of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation”:

o prohibitions and restrictions on trade in goods with third countries aimed at fulfilling obligations related to the introduction of special protective, anti-dumping and countervailing measures or conducting relevant investigations, as well as the implementation of response measures, are applied in the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation in accordance with national legislation;

o The Republic of Belarus, the Republic of Kazakhstan, and the Russian Federation do not apply licensing and quantitative restrictions in mutual trade.

Quantitative restrictions

Export and import of goods in the course of trade with third countries are carried out without quantitative restrictions, except for the cases provided below.

In exceptional cases, the following may be established:

) bans and temporary restrictions on the export of goods to prevent or reduce a critical shortage in the domestic market of food or other goods that are essential for the domestic market;

) restrictions on the import of agricultural goods or aquatic biological resources imported in any form, if necessary:

a) reduce the production or sale of similar domestic goods;

b) reduce the production or sale of a domestic product that can be directly replaced by an imported product if there is no significant production of a similar domestic product;

c) remove a temporary surplus of similar domestic goods from the market by providing this surplus to certain groups of consumers free of charge or at prices below market prices;

d) remove from the market a temporary surplus of a domestic product, which can be directly replaced by an imported product, if there is no significant production of a similar domestic product, by providing this surplus to certain groups of consumers free of charge or at prices below market prices;

e) limit the production of products of animal origin, the production of which depends entirely or mainly on an imported product, if the production of a similar domestic product is insignificant.

Exclusive right to export and import certain types of goods

Foreign trade activities may be limited by granting an exclusive right to export and import certain types of goods.

The exclusive right to export and import certain types of goods is exercised on the basis of a license.

Participants in foreign trade activities, who are granted the exclusive right to export and import certain types of goods, carry out transactions for the export and import of certain types of goods, based on the principle of non-discrimination and guided only by commercial considerations.

Licensing in the field of foreign trade in goods

Cases of introducing licensing in the field of foreign trade in goods are:

) introduction of temporary quantitative restrictions on the export or import of certain types of goods;

) implementation of the permitting procedure for the export and (or) import of certain types of goods that may have an adverse impact on the security of the state, the life or health of citizens, the property of individuals or legal entities, state or municipal property, environment, life or health of animals and plants;

) granting an exclusive right to export and (or) import certain types of goods;

) fulfillment of international obligations.

The basis for the export and (or) import of certain types of goods in the cases provided for above is a license issued by the authorized state executive body.

The absence of a license is grounds for refusal to release goods by customs authorities.

Licensing rules are determined by a separate agreement between the Parties.

Regulatory measures affecting foreign trade in goods may be introduced if these measures:

) are necessary for the maintenance of public morals or law and order;

) are necessary to protect the life or health of citizens, environment, life or health of animals and plants;

) relate to the export and (or) import of gold or silver;

) are used to protect cultural values ​​and cultural heritage;

) are necessary to prevent the depletion of irreplaceable natural resources and are carried out simultaneously with restrictions on domestic production or consumption associated with the use of irreplaceable natural resources;

) involve restricting the export of domestic materials to provide sufficient quantities of such materials for the domestic manufacturing industry during periods when the domestic price of such materials is held at a lower level than the world price as a result of a government stabilization plan;

) are necessary for the acquisition or distribution of goods in case of general or local shortages;

) are necessary to fulfill international obligations;

) are necessary to ensure the defense and security of the country;

) are necessary to ensure compliance with legal acts relating to the application of customs legislation, environmental protection, protection of intellectual property and other legal acts that do not contradict international obligations.

Obviously, the use of non-tariff restrictions, which are more hidden than tariff instruments, gives countries advantages in regulating foreign trade. After all, so far not a single foreign country has abandoned the use of administrative instruments for regulating exports and imports.

In all countries, regulation of foreign trade is carried out to one degree or another by the state, depending on the economic, social and political objectives set in the country and the situation in the world. Any state in the global economy seeks to protect its interests, the interests of domestic producers, and, therefore, is interested in a policy of protectionism. Instruments of trade policy, tariff and non-tariff regulation, various types of agreements are mechanisms for protecting national producers. Recently, the degree of government influence on international trade has increased as a result of a significant expansion of the forms and methods of non-tariff trade restrictions. In addition to tariff methods of government regulation of international trade, governments actively use non-tariff methods - quantitative, hidden and financial - as part of their protectionist policies.

Non-tariff barriers include various (there are over 600 different types) economic, political and administrative methods of direct or indirect restriction of foreign economic activity.

1.2 Classification of non-tariff regulation measures

In the world, there are official classification schemes for non-tariff measures to regulate foreign trade activities, developed by GATT/WTO, UNCTAD, the International Monetary Fund, the World Bank, the IBRD, the International Chamber of Commerce (ICC) and a number of other authoritative organizations.

These classification systems are used to collect information, create codes regulating the rules for applying certain groups of non-tariff restrictions, and draw up national systems for regulating foreign trade activities.

The classification developed by GATT/WTO is currently the most widely used. It has found wide application, also during international trade negotiations. According to the WTO classification, the system of non-tariff restrictions includes measures of financial impact and administrative instruments, which are represented by five groups:

Financial restrictions;

State participation in foreign trade activities (subsidizing the production and export of goods, the system of public procurement of goods, state trade in countries with market economies);

Quantitative restrictions on imports and exports through quotas, allocations, licensing, “voluntary restrictions” on exports;

Technical standards and requirements for imported products related to healthcare;

Customs, administrative import formalities that create obstacles and hinder customs clearance of imported products (anti-dumping duties, methods for assessing the customs value of goods, customs and consular formalities, shipping documents, commodity classification of tariffs).

The financial impact on foreign trade operations is provided by a system of various customs and targeted fees, taxes and duties that are levied when importing foreign goods. Often they do not have a fixed rate (sliding import taxes, countervailing import duties), changing depending on the conditions of the domestic and international market and the economic policy of the state.

Fixed fees, taxes and duties have both a specific (charged in a fixed amount per unit of weight, volume, quantity of goods) and a combined nature, increasing the domestic price of imported goods and reducing their competitiveness. These include internal special taxes and variable import duties, which are in effect during periods of rising world prices in relation to domestic similar goods; anti-dumping and countervailing duties in order to compensate for material damage to national producers of the importing country when the fact of dumping by the exporter is established.

Types of fees:

· Additional fees levied on imported goods in addition to customs duties and taxes, which have no domestic equivalent and are intended to finance certain types of activities related to foreign trade (tax on transfers abroad of foreign currency, stamp duty, statistical tax);

· Internal (equalization) taxes and fees, which are equivalent to indirect taxes and fees (VAT, excise taxes), are levied on goods in the domestic market of the importing country; These are also levies on sensitive product categories that typically have a domestic equivalent (emissions levies, product taxes, administrative fees). Their goal is to create the same tax regime for the same (or similar) goods of foreign and national production, as well as maintaining a certain price level in the domestic market;

· Border taxes and fees (or customs surcharges), which are levied at the time of movement of foreign trade goods across the customs border and customs clearance;

· Sliding fees - additional payments intended to equalize world market prices mainly for imported agricultural products and food products to bring them closer to domestic prices;

Financial enforcement measures also include measures regulating importers’ access to foreign currency intended for sale to them, its value (rate), which can increase the cost of imports:

· Import deposits - requirements for advance payment of the cost of imports and payment of import taxes in the form of opening preliminary import deposits, payment of cash, advance payment of customs duties (official restrictions on the accumulation of foreign currency by obtaining various types of permits for conducting foreign exchange transactions within the country; deferred payments and priority for the payment of taxes and duties within the established minimum acceptable periods from the moment of delivery of the goods to the customs territory of the importing country until the completion of import payments).

Administrative instruments that appeared at the beginning of the 20th century with the increasing participation of large companies and monopoly structures in international trade are, in stable conditions, considered as additional measures of a temporary nature, given the insufficient efficiency of the customs tariff system. However, during a period of economic recession and an unbalanced economy, they become the main instruments of state regulation of foreign trade activities.

When applying non-tariff administrative measures, the state balances the commodity structure of the domestic market, protecting it both from excessive supplies of imported products and from the possibility of a shortage of nationally produced goods in the domestic market in the event of excessive exports of national products.

Quantitative restrictions -an administrative form of non-tariff state regulation of trade turnover that determines the quantity and range of goods allowed for export or import. Quantitative restrictions can be applied by decision of the government of one country or on the basis of international agreements coordinating trade in a particular product. Quantitative restrictions include quotas (provisioning), licensing and “voluntary” export restrictions.

· Quotas/Provisioning

The most common form of quantitative restrictions is a quota or contingent. Quotas (provisioning) is a restriction in quantitative or monetary terms on the volume of products allowed to be imported into a country (import quota) or exported from the country (export quota) for a certain period. As a rule, quotas for foreign trade are carried out through licensing, when the state issues licenses for the import or export of a limited volume of products and at the same time prohibits unlicensed trade. These two concepts have practically the same meaning, with the difference that the concept of contingent is sometimes used to denote seasonal quotas.

Quota - a quantitative non-tariff measure of restricting the export or import of goods by a certain quantity or amount for a certain period of time.

According to the direction of their action, quotas are divided into:

Export - are introduced either in accordance with international stabilization agreements establishing the share of each country in the total export of a certain product (oil exports from OPEC countries), or by the government of the country to prevent the export of goods that are in short supply on the domestic market (oil exports from Russia and sugar from Ukraine at the beginning 90s);

Imported - introduced by the national government to protect local producers, achieve a balanced trade balance, regulate supply and demand in the domestic market, and also as a response to the discriminatory trade policies of other states.

Based on coverage, quotas are divided into:

Global - are established for the import or export of a certain product for a certain period of time, regardless of which country it is imported from or to which country it is exported. The meaning of such quotas is usually to ensure the required level of domestic consumption, and their volume is calculated as the difference between domestic production and consumption of goods;

Individual - established within the framework of a global quota, the quota of each country exporting or importing a product. Such quotas are usually established on the basis of bilateral agreements, which give the main advantages in the export or import of goods to those countries with which there are close mutual political, economic and other interests. Most often, individual quotas (contingents) are seasonal, that is, they are introduced for a certain period of time when the domestic market is most in need of state protection. Usually these are the autumn months, when the sale of agricultural products from the new harvest takes place.

· Licensing - regulation of foreign economic activity through permits issued by government authorities for the export or import of goods in specified quantities for a certain period of time.

Licensing can be an integral part of the quota process or be an independent instrument of government regulation. In the first case, the license is only a document confirming the right to import or export goods within the framework of the received quota; in the second, it takes on a number of specific forms:

One-time license - written permission for up to 1 year for import or export, issued by the government to a specific company to carry out one foreign trade transaction;

General license - permission to import or export a particular product during the year without limiting the number of transactions;

Global license - permission to import or export this product to any country in the world for a certain period of time without limiting the quantity or cost;

Automatic license - a permit issued immediately upon receipt of an application from an exporter or importer that cannot be rejected by a government agency.

Licensing is used by many countries of the world, primarily developing ones, for the purposes of government regulation of imports. Developed countries most often use licenses as a document confirming the importer’s right to import goods within the established quota.

The license distribution mechanisms used by different countries are quite varied:

Auction - sale of licenses on a competitive basis. It is considered the most economical and effective way of distributing licenses, capable of generating revenues for the state treasury comparable to revenues from customs duties on the same product;

Explicit preference system - the government assigns licenses to certain firms in proportion to the size of their imports for the previous period or in proportion to the structure of demand from national importers. Typically, this method is used to support those firms that are forced to reduce imports of goods due to the introduction of quotas.

Distribution of licenses on a non-price basis - the government issuing licenses to those firms that have demonstrated their ability to import or export in the most efficient manner. Typically, this method requires the formation of an expert commission, the development of evaluation criteria (experience, availability production capacity, personnel qualifications, etc.), holding several rounds of the competition, which is inevitably associated with high costs and abuses.

Chapter 2. Features of the application of non-tariff regulation measures

.1 Procedure and features of application of non-tariff regulation measures

This procedure is determined by the Agreement signed by the Governments of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation on 06/09/2009, which is based on the Agreement on the creation of a single customs territory and the formation of the Customs Union of October 6, 2007 and the Agreement on the Customs Union Commission of October 6, 2007, in order to implement the Agreement on common measures of non-tariff regulation in relation to third countries of January 25, 2008.

Non-tariff regulation measures in relation to third countries are introduced by decision of the CCC, except for measures introduced unilaterally.

Goods to which non-tariff regulation measures are applied are included in a single list of goods to which bans or restrictions on import or export are applied by member states of the Customs Union within the framework of the Eurasian Economic Community in trade with third countries.

After the Commission makes a decision to introduce non-tariff regulation measures in relation to a particular type of product, it is included by the Commission in a single list.

Adoption of decisions by the Commission on the introduction, application and abolition of uniform non-tariff regulation measures:

The Commission makes decisions on the introduction, application and abolition of uniform non-tariff measures.

The Commission is considering a proposal to introduce non-tariff regulation measures in relation to a certain type of product on the basis of documents that contain:

name of the product and its code in accordance with the Unified Commodity Nomenclature for Foreign Economic Activity, approved by the supreme body of the Customs Union (ETN FEA);

proposed non-tariff regulation measures:

export ban;

quantitative restrictions on exports and (or) imports;

granting an exclusive right to export and (or) import;

licensing in the field of foreign trade;

monitoring of exports and (or) imports;

validity period of the proposed non-tariff regulation measures (start and end dates of the measures);

justification for the need to introduce non-tariff regulation measures in accordance with the provisions of the Agreement given below.

The decision to introduce non-tariff regulation measures is made no later than 30 days from the date of submission of the proposal of the Party (Parties).

Decisions on the introduction, application and abolition of non-tariff regulation measures are published in accordance with the Rules of Procedure of the Customs Union Commission dated December 12, 2008 and come into force no later than 45 days from the date of publication.

Prohibitions or quantitative restrictions:

The justification for the need to introduce quantitative restrictions, including a ban on the export of goods, must contain:

a) in relation to the export of goods:

information on production volumes and demand for goods within the customs union (in physical and value terms), statistical data, financial and economic calculations and other information justifying the volumes of goods allowed for export, which will prevent or reduce a critical shortage of this product in the domestic market of the Customs Union, in cases provided for in Art. 3 Agreement on common measures of non-tariff regulation in relation to third countries of January 25, 2008;

information on the volume of goods exported from the single customs territory;

b) regarding the import of goods:

information on the volume of production and sale of goods (in physical and value terms), statistical data, financial and economic calculations and other information justifying the need to limit the import of agricultural goods or aquatic biological resources imported in any form, in the cases provided for in Art. 3 Agreement on common measures of non-tariff regulation in relation to third countries of January 25, 2008;

information on the volume of imports of this product into the single customs territory.

When the Commission introduces quantitative restrictions on a single customs territory, export and (or) import quotas are applied. Quantitative restrictions apply:

when exporting - only in relation to goods originating from a single customs territory;

when importing - only in relation to goods originating from third countries.

Quantitative restrictions do not apply to imports of goods from the territory of any third country or exports of goods destined for the territory of any third country, unless such quantitative restrictions apply to imports from all third countries or exports to all third countries. This provision does not prevent compliance with the obligations of the States of the Parties in accordance with international agreements on the free trade zone.

Goods for which quantitative export restrictions may be introduced must be included in the list of goods that are essential for the internal market of the Customs Union, in respect of which temporary restrictions or export bans may be introduced in exceptional cases (hereinafter referred to as the list of essential goods). non-tariff regulation of product licenses

The list of essential goods is approved by the Commission based on proposals from the Parties.

The Commission distributes the volumes of export and (or) import quotas between the states of the Parties and determines the method for distributing shares of export and (or) import quotas among participants in foreign trade activities of the states of the Parties, and also, if necessary, distributes the volume of import quotas between third countries.

The distribution of volumes of export and (or) import quotas between the states of the Parties is carried out by the Commission depending on the tasks that are expected to be solved by introducing quantitative restrictions, taking into account the proposals of the Parties based on the volumes of production and (or) consumption of goods in each of the states of the Parties.

When making a decision on the application of export and (or) import quotas, the Commission ensures:

establishment of export and (or) import quotas (regardless of whether they will be distributed among third countries or not) on certain period;

informing all interested third countries about the volume of the import quota allocated to them, if the import quota is distributed among third countries;

The distribution of import quotas between third countries, if such a decision is made by the Commission, is carried out, as a rule, by the Commission based on the results of consultations with all significant suppliers from third countries.

Significant suppliers from third countries are understood as suppliers with a share of 5 percent or more in the import of a given product into a single customs territory.

If the allocation of import quotas cannot be carried out on the basis of consultations with all significant suppliers from third countries, the decision on the allocation of quotas between third countries must be taken by the Commission taking into account the volume of supplies of goods from these countries during the previous period.

The Commission does not impose any conditions or formalities that may prevent any third country from fully utilizing the import quota allocated to it, provided that the supply of such goods is made during the period of validity of the import quota.

The selection of the previous period for the goods in respect of which export and (or) import quotas are introduced is carried out by the Commission. In this case, as a rule, for such a period any previous 3 years are taken for which information is available reflecting the actual volumes of exports and (or) imports. If it is not possible to select a previous period, export and (or) import quotas are distributed based on an assessment of the most probable distribution of actual volumes of exports and (or) imports.

Real volumes of exports and (or) imports mean volumes of exports and (or) imports in the absence of restrictions.

At the request of any third country interested in supplying the goods, the Commission shall consult with that country regarding:

the need to redistribute the established import quota;

changes to the selected prior period;

the need to abolish conditions, formalities or any other provisions imposed unilaterally regarding the allocation of an import quota or its unrestricted use.

The distribution of shares of export and (or) import quotas among participants in foreign trade activities is carried out by the Parties using a method determined by the Commission and is based on the equality of rights of participants in foreign trade activities in relation to receiving shares of export and (or) import quotas and non-discrimination based on the form of ownership, place of registration or position in the country. market.

Customs clearance of goods within the framework of export and import quotas is carried out in the presence of a license for the export and (or) import of such goods, issued by the authorized state executive authorities of the States of the Parties.

Except in cases of distribution of import quotas among third countries, the Commission shall not require that licenses be used for the export (import) of a given product to and/or from any particular country.

In connection with the application of export and (or) import quotas, the Commission must:

provide, at the request of a third country interested in trading the specified product, information regarding the procedure for distributing export and (or) import quotas, the mechanism for their distribution between participants in foreign trade activities and the volume of quotas for which licenses have been issued;

publish information on the total quantity or value of goods, the export and (or) import of which will be permitted for a certain time in the future, as well as the start and end dates of export and (or) import quotas and any changes thereto.

Exclusive right to export and (or) import certain types of goods

The Commission's decision to introduce restrictions on foreign trade activities by granting an exclusive right to export and (or) import certain types of goods is made at the proposal of the Parties.

The justification for the need to introduce an exclusive right to export and (or) import certain types of goods must contain statistical data, financial and economic calculations and other necessary information confirming the feasibility of applying this non-tariff regulation measure.

Certain types of goods for the export and (or) import of which an exclusive right is granted, as well as the procedure for determining by the Parties the organizations that are granted the exclusive right to export and (or) import certain types of goods, are established by a decision of the Commission.

Participants in foreign trade activities who, on the basis of a decision of the Commission, are granted by the Parties the exclusive right to export and (or) import certain types of goods, carry out transactions for the export and (or) import of certain types of goods, based on the principle of non-discrimination and guided only by commercial considerations, including price, quality, availability of goods, their marketability, conditions of transportation and other conditions of purchase or sale, and provide organizations of the states of other Parties with an adequate opportunity (in accordance with normal business practice) to compete with respect to participation in such purchases or sales.

The list of goods for which an exclusive right to export and (or) import is granted, as well as the list of organizations that are granted an exclusive right to export and (or) import of certain types of goods are subject to publication in accordance with the decision of the Commission.

Goods subject to restrictions by granting an exclusive right to export and (or) import are included in a single list.

The exclusive right to export and (or) import certain types of goods is exercised on the basis of licenses issued by authorized state executive bodies of the States of the Parties to participants in foreign trade activities determined by the Parties in accordance with the decision of the Commission.

Monitoring the export and (or) import of certain types of goods

The Commission’s decision to introduce monitoring of the export and (or) import of certain types of goods is made in order to monitor the dynamics of exports and (or) imports of certain types of goods.

The justification for the need to introduce monitoring of the export and (or) import of certain types of goods is presented both at the initiative of the Party (Parties) and the Commission. Such justification must contain information about the impossibility of tracking quantitative indicators of exports and (or) imports of certain types of goods and their changes in other ways.

The list of certain types of goods in respect of which surveillance is introduced, as well as its terms, are established by the Commission.

Products subject to surveillance are included in a single list.

Export and (or) import of certain types of goods in respect of which surveillance has been introduced is carried out under permits issued by the authorized executive authorities of the States of the Parties.

Permits are issued in the manner determined by the agreement on licensing rules in the field of foreign trade in goods.

Lack of permission is grounds for refusal of customs clearance of goods.

Measures affecting foreign trade in goods and introduced based on the national interests of the states of the Parties

Based on the national interests of the States Parties and in accordance with Art. 7 of the Agreement on uniform measures of non-tariff regulation in relation to third countries of January 25, 2008, the Commission, at the proposal of the Party (Parties), may introduce the following measures affecting foreign trade in goods and not of an economic nature:

prohibition of import and (or) export;

quantitative restrictions on import and (or) export;

granting an exclusive right to import and (or) export;

permitting procedure for import and (or) export;

other regulatory measures.

The Commission considers the proposal of the Party (Parties) to introduce the above measures based on the national interests of the States of the Parties in relation to a particular type of product, on the basis of documents that contain:

proposed measures;

validity period of the proposed measures (start and end dates of the measures; if necessary, the end of the measures may not be indicated);

justification for the need to introduce measures, including information confirming the need for their introduction.

The decision to introduce the above measures is made by the Commission based on the national interests of the Parties no later than 30 days from the date of submission of the proposal of the Party (Parties).

The above measures must not be adopted or applied in a manner that constitutes a means of arbitrary or unjustified discrimination against third countries, or constitute hidden restrictions on foreign trade in goods.

If the Commission does not accept the proposal of the Party (Parties) to introduce the above measures, based on the national interests of the states of the Parties (Parties), then the Party that submitted the proposal to introduce them may decide to introduce such measures unilaterally.

Special types of prohibitions and restrictions on foreign trade in goods

By a decision of the Commission, the import of goods may be limited by regulatory measures, including measures that deviate from the provisions of Art. 3 and 4 of the Agreement on Common Measures of Non-Tariff Regulation with respect to Third Countries of January 25, 2008, if necessary to protect the external financial position and maintain balance of payments equilibrium. The Commission considers the proposal of the Party (Parties) to introduce such measures on the basis of documents that contain:

name of the product and its code in accordance with the Unified National Economic Code;

proposed measures;

validity period of the proposed measures (start and end dates of the measures);

justification for the need to introduce measures.

If the Commission does not accept the proposal of the Party (Parties) to introduce these measures, the Party (Parties) may decide to introduce such measures unilaterally.

By a decision of the Commission, foreign trade in goods may be limited by measures the adoption of which is necessary for the participation of member states of the Customs Union within the framework of the Eurasian Economic Community in international sanctions in accordance with the Charter of the United Nations. The Commission introduces such measures based on a decision of the highest body of the Customs Union.

Unilateral introduction of measures affecting foreign trade in goods

The Parties may unilaterally introduce measures affecting foreign trade in goods and not of an economic nature (hereinafter referred to as temporary measures), if they are aimed at:

observance of public morality and law and order;

ensuring defense and security;

protection of the life or health of citizens, the environment, life or health of animals and plants;

protection of cultural values ​​and cultural heritage;

protection of intellectual property;

preventing the depletion of irreplaceable natural resources;

preventing or reducing a critical shortage in the domestic market of food or other goods that are essential for the domestic market;

protecting the external financial position and maintaining balance of payments equilibrium.

The Party introducing temporary measures in accordance with the Agreement, in advance, but no later than 3 calendar days before their introduction, notifies the Commission of their introduction and submits for its consideration a proposal for the application of temporary measures by other Parties.

A proposal to apply temporary measures must contain:

name of the product and its code in accordance with the Unified National Economic Code;

measures provided for in Article 6 of this Agreement;

information about suppliers of goods, identification characteristics of goods, known methods of transportation, other information that allows identifying the goods in respect of which it is proposed to introduce temporary measures;

start date of temporary measures;

justification for the need to apply temporary measures.

The justification must contain:

legal basis for the introduction of temporary measures (name of the regulatory legal act of the Party);

information confirming the need to introduce temporary measures,

information confirming the adverse impact of these goods on the security of the state, the life or health of citizens, the property of individuals or legal entities, state or municipal property, the environment, the life or health of animals and plants - to introduce a permitting procedure for import and (or) export;

quota size - to introduce quantitative restrictions on imports and (or) exports;

a list of participants in foreign trade activities who have been granted an exclusive right - in case of granting an exclusive right to import and (or) export;

The Commission considers the proposal of the Party (Parties) no later than 30 days from the date of its submission.

Based on the results of consideration of the proposal of the Party (Parties), the Commission may decide to introduce temporary measures in the single customs territory.

The validity period of temporary measures in this case is established by a decision of the Commission.

If the decision to introduce temporary measures in the single customs territory has not been made, the Commission informs the Party (Parties) that introduced the temporary measures and the customs authorities of the States of the Parties that the temporary measures are valid for no more than 6 months from the date of their introduction.

Application of temporary measures unilaterally

Based on a notification received from a Party about the unilateral introduction of temporary measures, the Commission immediately informs the customs authorities of the states of the Parties about the unilateral introduction of temporary measures by one of the Parties. Information also includes:

the name of the regulatory legal act of the Party in accordance with which temporary measures are introduced;

name of the product and its code in accordance with the Unified National Economic Code;

information about suppliers of goods, identification characteristics of goods, known methods of transportation, other information that allows identifying goods in respect of which temporary measures have been introduced;

date of introduction of temporary measures and duration of their validity.

After receiving the above information, the customs authorities of the Parties do not allow:

export of the above goods originating from the customs territory of the state of the Party that unilaterally applied temporary measures, without a license issued by the authorized executive body of the state of the specified Party;

import of the above goods intended for the state of the Party that unilaterally applied temporary measures, without a license issued by the authorized state executive body of the state of the said Party. At the same time, the Parties that do not apply temporary measures shall make the necessary efforts aimed at preventing the import of these goods into the territory of the state of the Party that applied temporary measures.

Licensing in the field of foreign trade

The application of regulatory measures affecting foreign trade in goods included in the unified list, as well as the application of tariff quotas, are implemented, as a rule, by licensing the export and (or) import of goods.

The issuance of licenses for the export and (or) import of goods is carried out on the basis of applications from participants in foreign trade activities of the Parties.

Licenses are issued in the manner determined by the agreement on the rules of licensing in the field of foreign trade in goods.

The absence of a license is grounds for refusal of customs clearance of goods.

Transparency in the development of non-tariff regulation measures

When preparing a Commission decision on the introduction, application and repeal of regulatory measures, the Commission invites organizations and individual entrepreneurs States of the Parties whose economic interests may be affected by such a decision (interested parties) shall submit proposals and comments on this issue to the Commission.

The commission decides on the method and form of holding consultations, as well as on the method and form of bringing information about the progress and results of consultations to the attention of interested parties who submitted their proposals and comments.

If this follows from the international treaties of the States of the Parties, the competent authorities of other states (groups of states) are invited to present their opinions in the manner provided for by the provisions of the relevant international treaties of the States of the Parties. Foreign organizations and entrepreneurs are also invited to present their opinions in the manner provided for by the provisions of the relevant international treaties of the Parties.

The Commission may decide not to consult if any of the following conditions apply:

the measures provided for by the draft decision affecting the right to carry out foreign trade activities should not be known until it enters into force and consultations will lead or may lead to failure to achieve the goals provided for by such a decision;

holding consultations will lead to a delay in making a decision affecting the right to carry out foreign trade activities, which could lead to significant damage to the interests of the states of the Parties;

when granting an exclusive right to export and (or) import certain types of goods;

when introducing regulatory measures by the Party (Parties) unilaterally.

Failure to conduct consultations cannot be grounds for invalidating a Commission decision affecting the right to carry out foreign trade activities.

2.2 Features of the application of non-tariff regulation measures when placing goods under customs procedures

According to Article 224 of Federal Law No. 311-FZ “On Customs Regulation in the Russian Federation” dated November 27, 2010, goods imported into the Russian Federation are subject to placement under one of the customs procedures in the manner and under the conditions provided for by the Customs Code of the Customs Union and this Federal Law, with the exception of goods:

) originating from the customs territory of the Customs Union (territory of a member state of the Customs Union);

) released for free circulation in the customs territory of the Customs Union. For the purposes of applying this Federal Law, goods released for free circulation in the customs territory of the Customs Union are considered to be goods in respect of which import customs duties have been paid at the same rates as in the Russian Federation, and in respect of which the same prohibitions and restrictions are observed, as in the Russian Federation;

) made from goods originating from the territory of the Customs Union or released for free circulation in the territories of the member states of the Customs Union.

Types of customs procedures:

For the purposes of customs regulation, the following types of customs procedures are established in relation to goods:

) release for domestic consumption;

) export;

) customs transit;

) bonded warehouse;

) processing in the customs territory;

) processing outside the customs territory;

) processing for domestic consumption;

) temporary import (admission);

) temporary export;

) re-import;

) re-export;

) duty free trade;

) destruction;

) refusal in favor of the state;

) free customs zone;

) free warehouse;

) special customs procedure (customs procedure that determines, for customs purposes, the requirements and conditions for the use and (or) disposal of certain categories of goods in the customs territory of the customs union or outside it).

Release for domestic consumption is a customs procedure under which foreign goods are placed and used in the customs territory of the Customs Union without restrictions on their use and disposal.

Goods are placed under the customs procedure of release for domestic consumption if the following conditions are met:

) payment of import customs duties and taxes, if tariff preferences and benefits for the payment of customs duties and taxes are not established;

) submission of documents confirming compliance with restrictions in connection with the use of special protective, anti-dumping and countervailing measures.

Export is a customs procedure in which goods of the customs union are exported outside the customs territory of the customs union and are intended for permanent residence outside its borders. It is allowed to place goods under the customs procedure for export that were previously placed under customs procedures for temporary export or processing outside the customs territory, without their actual presentation to the customs authorities.

Goods are placed under the customs export procedure if the following conditions are met:

) payment of export customs duties, if no benefits are established for the payment of export customs duties;

) compliance with prohibitions and restrictions;

) submission of a certificate of origin of goods in relation to goods included in the consolidated list of goods formed by the Customs Union Commission in accordance with international treaties of the member states of the Customs Union governing the application of export customs duties in relation to third countries.

Customs transit is a customs procedure according to which goods are transported under customs control through the customs territory of the customs union, including through the territory of a state that is not a member of the customs union, from the customs authority of departure to the customs authority of destination without paying customs duties and taxes using prohibitions and restrictions, with the exception of non-tariff and technical regulation measures.

Customs transit is applied when transporting:

foreign goods from the customs authority at the place of arrival to the customs authority at the place of departure;

foreign goods from the customs authority at the place of arrival to the domestic customs authority;

foreign goods from the internal customs authority to the customs authority at the place of departure;

foreign goods from one domestic customs authority to another domestic customs authority;

goods of the customs union from the customs authority of the place of departure to the customs authority of the place of arrival through the territory of a state that is not a member of the customs union.

Placement of goods under the customs procedure of customs transit is permitted subject to the following conditions:

) goods are not prohibited for import into the customs territory of the customs union or export from such territory;

) in relation to goods, documents have been submitted confirming compliance with the restrictions associated with the movement of goods across the customs border, if such movement is permitted in the presence of these documents;

) border control and other types of state control have been carried out in relation to imported goods, if the goods are subject to such control at the place of arrival;

) a transit declaration has been submitted;

) measures have been taken in relation to goods to ensure compliance with customs transit in accordance with Article 217 of the Labor Code of the Customs Union;

) identification of goods is ensured in accordance with Article 109 of the Labor Code of the Customs Union;

) the vehicle for international transportation is properly equipped if the goods are transported under customs seals and stamps.

Customs warehouse is a customs procedure in which foreign goods are stored under customs control in a customs warehouse for a specified period without paying customs duties, taxes and without applying non-tariff regulation measures.

Any foreign goods may be placed under the customs procedure of a customs warehouse, with the exception of: goods, the shelf life and (or) sale of which on the day of their customs declaration in accordance with the customs procedure of the customs warehouse is less than 180 (one hundred and eighty) calendar days; goods, the list of which is determined by a decision of the Customs Union Commission.

Goods previously placed under other customs procedures may be placed under the customs procedure of a customs warehouse.

Foreign goods may be placed under the customs procedure of a customs warehouse in order to suspend the operation of customs procedures for temporary import or processing on the customs territory in cases provided for by this Code.

It is allowed to place a customs warehouse under the customs procedure without actually placing goods in the customs warehouse that, due to their large dimensions, cannot be placed in the customs warehouse, if there is permission from the customs authority in writing.

When goods are placed under this customs procedure without their actual placement in a customs warehouse, the legislation of the member states of the customs union may determine cases of providing security for the payment of customs duties and taxes.

The shelf life of goods in the warehouse is from 1 to 3 years.

Types of customs warehouses:

open type - for storage of goods by any persons

closed type - for storage of goods by warehouse owners

Operations performed with goods in the warehouse:

without the permission of the customs authorities, operations necessary to ensure the safety of goods, including inspection, measurement of goods, movement within the territory of the warehouse, provided that these operations do not entail a change in the condition of the goods, violation of their packaging and means of identification.

with the permission of the customs authorities, simple assembly operations, sampling and sampling operations, operations to prepare goods for sale and transportation, batch crushing, packaging and repackaging, labeling

All operations that are carried out with goods in a customs warehouse should not change the characteristics of the goods associated with a change in the classification code for the product nomenclature.

In relation to goods placed under the customs warehouse procedure, transactions may be made that provide for the transfer of rights to own, use or dispose of these goods.

The customs warehouse procedure is completed before the expiration of the storage period for goods in the customs warehouse. Goods stored in a warehouse must be placed under a different procedure. Once placed under a different procedure, goods must be removed from the warehouse within three working days.

Processing in the customs territory is a customs procedure in which foreign goods are used to carry out processing operations in the customs territory of the customs union within the established time limits with the full condition of exemption from customs duties and without the use of non-tariff regulation measures with the subsequent export of processed products outside the customs territory of the customs union. union.

Conditions for placement under the procedure:

) provision of a document on processing conditions. Time frame - 3 years. If the purpose is repair, then a goods declaration is used as a processing permit

) Possibility of identifying foreign goods and processed products.

Identification methods:

a) affixing by the declarant, the person carrying out the processing, or customs officials, seals, stamps, digital and other markings on the original foreign goods (rarely used).

b) use of existing markings, for example, serial factory numbers (often used)

V) detailed description, photographing goods (if the product does not change, for example, repair) (rarely used)

d) research of pre-selected samples, samples and processed products (2nd method according to frequency of use)

e) other methods that may be used based on the nature of the goods and the operations performed to process the goods.

The Customs Union Commission has the right to determine the list of goods prohibited from being placed under the processing procedure in the customs territory.

Conclusion

Non-tariff regulation measures are a set of measures to regulate foreign trade in goods, carried out by introducing quantitative and other prohibitions and restrictions of an economic nature, which are established by international treaties of the member states of the customs union, decisions of the Customs Union Commission and regulatory legal acts of the member states of the customs union, issued in accordance with with international treaties of the member states of the customs union.

Many processes occurring in the global economy, such as uneven development of individual countries, economic and political crises, expansion of foreign economic relations, expansion of the range of goods, require strict regulation. At the same time, “open” measures of customs and tariff regulation lead to the fact that any unilateral action by a country to change tariff rates is immediately detected and causes response from the opposite party, resulting in the loss of expected gains. Mutual increases in import tariffs, for example, can lead to a general decline in production, as happened in the early 1930s during the Great Depression.

Undoubtedly, customs tariffs remain the most important instrument of foreign trade policy, but their role has gradually weakened over the past decades. Consequently, in cases where the possibilities of customs tariff regulation are not effective enough in regulating foreign trade, other administrative methods are used. Thus, a whole series of foreign economic policy instruments arose that were not included in the group of customs tariff restrictions, which, administratively or due to the functions they performed, often not directly related to foreign trade, began to play the role of regulators of foreign trade turnover. They received a name - non-tariff restrictions.

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Customs tariffs remain the most important instrument of foreign trade policy, but their role over the past decades gradually weakens. In the post-war period, a significant reduction in tariff barriers was achieved during multilateral negotiations within the GATT framework. Thus, the weighted average level of import customs tariffs in industrialized countries decreased from 40-50% in the late 1940s to 4-5% at present, and as a result of the implementation of the agreements of the Uruguay Round of GATT negotiations (see Chapter 9) it amounted to about 3%. However, the degree of government influence on international trade has actually increased over the years, which is associated with a significant expansion of the forms and measures of non-tariff trade restrictions. It is estimated that there are currently at least 50 of them. Industrialized countries are especially active in using non-tariff measures to regulate trade. By the beginning of the 21st century. On average, 14% of goods imported by the EU, the US and Japan were subject to major non-tariff restrictions: import quotas, voluntary export restrictions and anti-dumping measures. Less open-ended than tariffs, non-tariff barriers provide greater scope for arbitrary government action and create significant uncertainty in international trade. In this regard, the World Trade Organization is faced with the task of gradually eliminating quantitative restrictions, i.e. carry out so-called tariffization (replacing quantitative restrictions with tariffs that provide an equivalent level of protection).

Non-tariff measures used in foreign trade policy are diverse, and their role as customs tariffs are reduced does not decrease, but increases. The most common are those aimed at directly restricting imports:

• quotas;
• licensing;
• voluntary export restrictions;
• technical limitations;
• anti-dumping legislation.

Of particular importance are quotas and licensing of imports and exports.

Quotas

This is limiting the size of imports using the so-called global, individual, seasonal and other types of percentage restrictions.

Global quota which accounts for two thirds of all cases, sets a limit on the volume of imports in value or physical terms for a certain period. The total amount of imports allowed under the quota is not broken down by country.

Individual quota provides for the amount of imports in relation to specific countries or a specific product (its manufacturer). As a criterion for the distribution of individual quotas, reciprocal obligations of states to import goods from a given country are taken into account. Such obligations are secured by trade agreements and take on the nature of bilateral quotas on a contractual basis.

Seasonal quotas set limits on the size of imports of agricultural goods at certain times of the year. Import restrictions without taking into account the time period are represented by unspecified quotas.

Quotas are introduced to balance foreign trade and regulation of supply and demand in the domestic market, fulfill international obligations and achieve a mutually beneficial agreement in intergovernmental negotiations.

Licensing

This non-tariff measure in international trade is very diverse. Licensing represents a restriction in the form of obtaining the right or permission (license) from authorized government bodies to import a certain volume of goods. The license may establish the procedure for importing or exporting goods.

Licensing is interpreted in international practice as a temporary measure, which is carried out on the basis of strict control of certain commodity flows. It is practiced in cases of temporary restriction of unwanted volumes of imports. In modern foreign practice, general and individual licenses are mainly used.

General license - a permanent permit for a company to import certain goods from the countries listed therein without limiting the volume and value. Sometimes the license indicates goods prohibited for import. General licenses with lists of goods are regularly published in official publications.

Individual license is issued as a one-time permit for one trade operation with a specific type of product (sometimes two or three types, but of the same product group). It also contains information about its recipient, quantity, cost and country of origin of the goods. It is personal, cannot be transferred to another importer and has a limited validity period (usually up to one year).

An integral element of licensing is contingent those. establishment by the state of centralized control over the calling and importation by limiting the range of goods within established quantitative or cost quotas for a fixed period of time. Currently, GATT/WTO provisions allow the introduction of quantitative restrictions on imports in the event of a sharp imbalance in the trade balance.

Voluntary quantitative restrictions

Since the early 70s, it has become widespread special shape quantitative restrictions on imports - voluntary export restrictions when it is not the importing country that sets the quota, but the exporting countries themselves undertake obligations to limit exports to this country. Several dozen similar agreements have already been concluded limiting the export of cars, steel, televisions, textiles, etc., mainly from Japan and the newly industrialized countries to the USA and EU countries. Of course, in reality such export restrictions are not voluntary, but forced: they are introduced either as a result of political pressure from the importing country, or under the influence of the threat to apply more stringent protectionist measures (for example, initiating an anti-dumping investigation).

In principle, voluntary quantitative restrictions are the same quota, but imposed not by the importing country, but by the exporting country. However, the consequences of such a measure to restrict foreign trade for the economy of the importing country are even more negative than when using a tariff or import quota. An example is the voluntary restriction of Russian exports of unrefined uranium and steel to the United States.

Technical barriers

Among the measures of non-tariff restrictions in foreign practice are special requirements for imported goods, established to ensure safety and protection of the natural environment, the role of which has increased significantly today. They require compliance with customs formalities - technical standards and norms, requirements for packaging and labeling of goods, sanitary and veterinary control standards. In themselves, these formalities are necessary and neutral, but they can be formulated in such a way that they either become a barrier to the entry of certain goods or serve the purpose of discrimination against certain countries.

One part of the technical barriers is a ban or restriction on the import of goods and materials that pollute the environment (chemicals, pesticides, coal and high-sulfur oil). Another part includes the expansion of protectionist measures regarding industrial equipment, vehicles and other types of products, the operation of which leads to air pollution. Finally, the latter is related to the quality of goods, and these technical barriers protect the interests of consumers, protecting them from damage caused by a defect in the product and from possible harm during use, which applies primarily to the import of household electrical appliances, medical drugs and devices, food products, children's goods. Many countries have adopted laws that impose severe sanctions on suppliers of imported goods, which are required to inform the buyer in the instructions, labeling or labeling of all possible risks associated with the consumption of the product.

To protect national producers, the state, while limiting imports, is taking measures aimed at encouraging exports. One of the forms of stimulating domestic export industries is export subsidies, those. financial benefits provided by the state to exporters to expand the export of goods abroad. Thanks to such subsidies, exporters are able to sell goods on the foreign market at a lower price than on the domestic market. Export subsidies can be direct (payment of subsidies to a manufacturer when it enters a foreign market) and indirect (through preferential taxation, lending, insurance, etc.).

Features of industry protection of national producers

Even the most overwhelmingly practice very strict agricultural protectionism; It is significant that in prosperous Western European countries the level of customs taxation of imported agricultural goods is now higher than in Russia. Already at the stage of creation and in the first years of the GATT - an organization designed, as is known, to ensure the liberalization of world trade - these countries agreed that their agricultural sector remained largely outside its competence. In all other serious situations, when national interests and/or national legislation came into conflict with international trade norms, these states, as a rule, found opportunities for a compromise solution. As a result, a considerable number of goods and industries were removed from the framework of “free” (with the same reservations) international trade. Many of them received state support in the form of trade restrictions or subsidies, but only for a relatively short period of time, which is necessary for domestic firms to undergo structural restructuring and adapt to the requirements of the world market, and then again entered into open competition - this is the so-called educational protectionism. Others are still under government protection.

The most protected industry is Agriculture. In addition to generous subsidies for production, including in countries with very favorable climatic conditions for the development of this sector of the economy, imports are limited on a fairly large scale and exports of agricultural goods are subsidized (Table 8.3).

Table 8.3. Structure of domestic support for agriculture, %

“Green basket” measures to support national agricultural producers under WTO provisions include the creation of state food reserves; direct payments to producers not related to agricultural production; insurance; compensation for losses from natural disasters; payments under environmental protection programs; payments under regional assistance programs for agricultural producers, etc.

The “yellow basket” measures include targeted support for agricultural producers, payments based on the area of ​​farmland; subsidies for inputs; preferential loans.

Blue box measures include measures that encourage a reduction in agricultural production (for example, in EU countries).

For more than three decades, the textile and clothing industries have been under the care of the state. Based on agreements on voluntary quotas by exporters of their supplies, the United States limited the import of products from these industries from 28 countries, the EU from 19, Canada from 22, Norway from 16, Finland from 7 and Austria from 6 countries. Later, Russia suffered from these restrictions imposed by the EU, despite the rather modest size of its supplies of relevant products.

Has long been in a privileged position Western Europe ferrous metallurgy, and this has already affected the interests of Russia. The United States, protecting its producers from dumping and subsidized exports, until 1993 practiced limiting the import of ferrous metals and rolled products on the basis of the same voluntary commitments they received from 17 countries, and since 1993, when this system was abolished, they introduced anti-dumping and countervailing duties on imports of these goods from approximately the same number of countries. Thus, only the form of protection has changed, and not its essence.

IN different time Western countries introduced restrictions on the import of cars, stainless steel, machine tools, aircraft, consumer electronics, chemicals, shoes, and leather goods.

Countervailing duties as a measure of non-tariff regulation are applied to those imported goods, the production and export of which are subsidized by the exporting state, since this type of duty neutralizes export subsidies. Non-tariff regulation measures also include monetary and financial restrictions related to foreign exchange control and balance of payments regulation. Additional (in addition to duties) import taxes and import deposits also contribute to the restriction. Import deposits - This is a form of deposit that the importer must pay to his bank before purchasing a foreign product in the amount of a portion of its value.

Dumping

A common form of competition is dumping, when an exporter sells its goods on a foreign market at a price lower than normal. Usually we're talking about on sale at a price lower than the price of a similar product in the domestic market of the exporting country. Dumping can be, firstly, a consequence of government foreign trade policy, when the exporter receives a subsidy. Secondly, dumping can result from a typical monopolistic practice of price discrimination, when an exporting firm, which occupies a monopoly position in the domestic market, with inelastic demand, maximizes its income by raising prices, while in a competitive foreign market, with sufficiently elastic demand, it achieves the same result by reducing prices and expanding sales volume. This kind of price discrimination is possible if the market is segmented, i.e. It is difficult to equalize prices on the domestic and foreign markets through the resale of goods due to high transport costs or government-imposed trade restrictions.

Anti-dumping measures boil down to collecting compensation from the exporter for damage to the national industry and the manufacturer, usually in favor of the latter, often in the form of an additional duty. To establish dumping, two main criteria are used: price, or cost, and economic damage.

Anti-dumping duty rate is established in each specific case individually. Such a duty is not assigned automatically: it is levied only after an investigation to confirm the fact of dumping and, what is important, to identify economic damage to the entrepreneur of the importing country.

Temporary anti-dumping duties are a kind of warning about the possibility of taking more severe measures against the exporter. Permanent look like the most serious measure, the application of which leads to significant losses for the exporter, and possibly to his complete withdrawal from the market.

Along with the listed anti-dumping measures, one is also used when the exporter undertakes to comply with the minimum price level (“normal value”) or to limit the quantity of goods supplied.

However, the problem of anti-dumping measures in world practice continues to be quite complex, and the methods of combating them remain insufficiently effective. Thus, among the dozens of anti-dumping and countervailing claims filed annually with the US Department of Commerce and the International Trade Commission, there are cases of inconsistent verdicts, rules that are easy to circumvent, and inaction of authorities in implementing decisions. This leads to undesirable economic consequences. For example, Mexico, which did not create its own television technology, for a long time supplied 70% of imported televisions to the American market at reduced prices only because it bypassed customs duties on color picture tubes introduced by the United States to combat dumping of goods from Japan, Korea, Singapore and Canada .

Claims from Western countries against those responsible for dumping pose a great threat, primarily by introducing quantitative restrictions on such exporters.

An extreme form of government restriction of foreign trade are economic sanctions. These include trade embargo - the introduction by a state of a ban on the import into or export of goods from a country, usually for political reasons. But economic sanctions against a country can also be of a collective nature, for example, when they are imposed by decision of the UN.