ARTICLE
30 August 2018

From 2019: Additional Responsibilities For Companies Inviting Foreign Citizens To Russia

N
Noerr

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Firm in Russia. Since the Moscow office opened in 1994, Noerr has established a strong reputation for highly complex corporate and commercial work in Russia. A strong team of 25+ Russian and international experts (including 9 partners) provides a multitude of corporate clients with premium full service advice on all legal and tax matters of their Russian businesses. In 2019 Noerr celebrates its 25-years anniversary in Russia.
The Federal Law on the legal status of foreign citizens in the Russian Federation has been amended.
Russian Federation Corporate/Commercial Law

The Federal Law on the legal status of foreign citizens in the Russian Federation has been amended1. In particular, additional responsibilities will be placed on companies inviting foreign citizens to Russia both for business trips and work.

Starting from 16 January 2019, any company acting as an inviting party will have to make sure that the invited foreign citizen

  1. performs activities that actually comply with the declared purpose of entering Russia, and
  2. leaves Russia in due time.

If the inviting company fails to ensure the above, it may be held liable for an administrative fine in the amount of RUB 400,000 to RUB 500,000, and the company's responsible officer up to RUB 50,000.

The exact list and order of measures that each inviting party is obliged to comply with will be specified by the Russian Government. Up to now, a draft of the Government regulation has been developed by the Ministry of Internal Affairs of the Russian Federation. The draft2 stipulates that the companies inviting foreign citizens to Russia are obliged to, inter alia:

  • issue a notification of compliance with the purpose of entry and timely departure from Russia to be signed by the invited foreign citizen upon his/her arrival;
  • provide conditions for the invited foreign citizen's compliance with the declared purpose of entry (a list of conditions is not final, so for business visa it may include among other things arranging meetings, conferences, negotiations, and when applying for work permit, execution of the employment agreement or work (services) contract);
  • inform the invited foreign citizen no later than ten days prior their visa expiry date about their obligation to leave Russia (such reminder should be sent by registered mail with acknowledgment of delivery, or personally handled over against receipt of service);
  • assist in removing any obstacles that may prevent the invited foreign citizen from leaving Russia in due time (e.g. loss of ID, lack of money, or illness);
  • inform the Ministry of Internal Affairs about non-compliance with the purpose of their entry or losing contact with the invited foreign citizen;
  • inform the Ministry of Internal Affairs that the invited foreign citizen failed to leave Russia in due time.

We will follow the status of this Government regulation and will be happy to inform you of the new obligations of the inviting parties.

Footnotes

1 Federal Law No. 216-FZ dated 19 July 2018 and Federal Law No. 215-FZ dated 19 July 2018

2 Draft ID 01/01/06-18/00081853, http://regulation.gov.ru/projects#npa=81853

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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