In the near future, a new rule may appear when customs clearance of goods in Russia — to take into account not only the country of origin of the products, but also the beneficial owner of the trademark. This was announced by the Minister of Industry and Trade Anton Alikhanov during the government hour in the State Duma.
According to the head of the Ministry of Industry and Trade, the initiative is aimed at combating circumvention of customs duties and protecting the domestic market. Currently, many companies from unfriendly countries are setting up formal production facilities on the territory of friendly states in order to avoid increased tariffs imposed in response to sanctions. As a result, goods with foreign brands enter Russia under the guise of products from third countries, which effectively negates the effect of protective measures.
Alexander Demin, chairman of the State Duma Committee on Small and Medium-Sized Enterprises, noted that the circumvention scheme has become a widespread phenomenon: "Companies register formal sites in friendly jurisdictions, but in fact continue to produce and control products through Western copyright holders."
The Minister confirmed that the Ministry of Industry and Trade is ready to submit the issue to the subcommittee on customs and tariff measures under the Government, headed by Deputy Prime Minister Alexander Novak. At the level of the working group, it is planned to work out a mechanism for linking the origin of goods with the ultimate beneficiary, the brand's rightholder.
"Yes, indeed, the increased duties are now tied to the country of origin. But it is more logical to take into account the beneficiary of the trademark in order to stop the use of fictitious schemes and ensure equal conditions for domestic producers," Alikhanov stressed.
He also noted that the implementation of such a measure would require cooperation with the Federal Customs Service and Rospatent, since these structures would be responsible for the administration of the new rules. The agencies will have to determine the legal basis for identifying the final rights holders and establish technical procedures to verify their connection with the goods upon import.
The initiative of the Ministry of Industry and Trade is aimed at strengthening import controls, supporting Russian industry and eliminating loopholes that allow restrictions to be circumvented through intermediary schemes. According to experts, taking into account the beneficiary during customs clearance will be a logical continuation of the policy of "deoffshorization" of foreign economic activity and may primarily affect large international brands in the segments of electronics, household appliances and the automotive industry.
