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Will the SPS be the fate of a resident?

The free port of Vladivostok has started de jure, de facto - questions remain ...

Despite the fact that the first resident of the Free Port of Vladivostok (FPV) has already been registered (as BP has already reported, it became the Pacific Investment Company (founders: Transit-DV Group of Companies and Chinese investment company Zhong Gong Xin)) questions to the Federal Law on FPV remain. Chief among them: "How soon will it work?" Considering that for the functioning of the FPV it is necessary that the amendments made to 24 already existing legislative acts work, as well as at least a dozen additional by-laws were adopted (Criteria for granting status to residents, types of activities, orders of the FCS, etc.).

Will the SPS be the fate of a resident?
The Primorye logistics experts shared with BP their views on the effectiveness of the Law that came into force and is largely unique for modern Russia.

Yuri Rybalkin, General Director, Marine Engineering Company CJSC: “The fact is that the Federal Law on FPV is a framework law. It contains links to more than a dozen already existing legislative acts. Additionally, it is necessary to adopt a number of government decrees and departmental by-laws so that the entire mechanism for registering residents of the free port can be launched.

And all these circumstances for me personally (and not only for me) are alarming: when the law is a framework and makes references to various other standards, it is fraught with its subjective interpretation by officials of various ranks. There is a danger that at the level of clerks, the very procedure for obtaining resident status and granting benefits will simply be obscured. And the bureaucratic process itself will once again scare away potential investors from China, South Korea and Japan, as has happened more than once in the recent history of Primorye.

The law must be direct action. It should not contain a double or triple interpretation of concepts and procedures. The Law on FPV does not meet this requirement. Take the key term "free port" itself. Many people already now identify it with "free port". But the regime prescribed in the Law on FPV is not the “free port” regime that operated in Vladivostok, for example, in tsarist times. That regime extended to an extremely limited area (one port) and meant duty-free delivery of goods both abroad and from abroad.

The current FPV includes a gigantic territory consisting of fifteen cities and districts of Primorsky Krai, many of which do not even have an outlet to the sea. FPV assumes the industrial activity of a number of resident enterprises in these areas. Yes - there are special tax preferences for residents (unprecedented for Russia, but by no means unique for other countries of the Asia-Pacific region). But as for customs preferences, they are indicated in the law, but not specifically spelled out. Moreover, they will begin to act not earlier than in a year and will hardly allow a complete zeroing of duties, as was the case with the old "free port".

It would be reasonable, in my opinion, to start testing the FPV regime at one logistic unit - for example, at the Vladivostok fishing port ... And only then, taking into account the accumulated experience, to extend this practice to a wider territory. "

Mikhail Robkanov, Managing Partner of Inkom DV, Vice President of the Association of Sea Trade Ports of Russia, Honored Transport Worker of the Russian Federation: “I have not yet had time to grasp all the nuances of the referential provisions of the newly adopted law on FPV (the task is very difficult, I will tell you). And the main question still remains open for me: who has the most probable chances of becoming residents of the free port - from the already operating seaside enterprises, or from “newcomers” - who came from abroad or from other regions of Russia?

Georgy Martynov, President of the Association of Primorye Fishery Enterprises: “I don’t know yet which of the fishing enterprises in Primorye will become the first resident of the FPV in the industry. Such decisions are made at the management level of individual companies. But I and many of my associates in the Association are perplexed by the fact that the zone of action of the FPV (which includes several land municipalities at once) does not include the Lazovsky district of Primorye bordering the sea, where a powerful city-forming region has been operating for several decades. enterprise of the region - Preobrazhenskaya base of trawl and refrigerated fleet. This is archi-illogical and archi-unfair!

And although the Law on FPV has already been adopted and entered into force, our Association, through an appeal to the regional authorities (whose representative branch has the right to legislative initiative) will seek to eliminate this glaring shortcoming.

Another alarming moment is that the Federal Law “On Ports”, adopted long before FPV, provides for a solution, but does not in any way solve the problem of the full use of hydraulic structures (berths) by most fishing ports and fish processing terminals. A year ago, the President of Russia instructed the Government to develop, in accordance with the Law “On Ports”, a procedure for transferring these structures on a long-term lease from FSUE “Natsrybresursy” to fish transhipment companies. But things are still there. Where is the guarantee that against such a background - when the existing laws and regulations do not work - the new Law on FPV will function normally ”.

Denis Sarana, member of the board of directors of Vladivostok Sea Fishing Port OJSC: “Of course, the benefits in FPV are good. But only for residents. And you still have to get there. Customs control for FPV is provided around the clock. Duty-free and tax-free import of components and equipment is offered for FPV residents, but only for the purpose of production and technical re-equipment. In the SVP regime, its residents will be able to transport foreign labor without restriction. Does this call into question the employment of the local population? I don't think so, but we'll see. Where it is more profitable to use foreign labor, they are already doing it, in fact. In my opinion, small businesses that currently exist in Primorye will not be easy to become residents of FPV. It will be easier for this purpose to create a new enterprise. But formally, the minimum threshold for joining the 'residents' club' is quite affordable - an investment of 5 million rubles. "

Information:

Federal Law No. 212-FZ "On the Free Port of Vladivostok" (FPV) was signed by the President of the Russian Federation on July 13, 2015, and entered into force on October 12, 2015. The law provides for the introduction of a special economic zone regime in 15 municipalities of the Primorsky Territory. Enterprises that have received the status of FPV residents (the procedure is prescribed in the Law) acquire a number of preferences, including: corporate income tax holidays (the rate during the first 5 years does not exceed 5%); five-year vacation for corporate property tax and land tax; preferential rate of insurance premiums for investment projects during the first 10 years in the amount of 7,6%, etc. A facilitated visa regime is introduced throughout the FPV (obtaining 8-day entry visas directly at the border), as well as a free customs zone where you can store luxury goods, works of art, antiques and carry out their sales preparation, including the demonstration of goods to potential buyers.
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