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In order to manage the difficult situation, an idea of
the Special Economic Zone was born. Shortly after the Agreement
between the Russian government and Kaliningrad Region was
concluded, on 22 January 1996 the Federal Law on the
Special Economic Zone in Kaliningrad Region was adopted
by the State Duma (the Russian Federation parliament). The
law provides the legal basis for the government protection
of investment and entrepreneurial activity. In addition,
there is a regulation of the State Customs Committee of
10 July 1997 (¹ 268-ð/01-16/44), in which it is
said that goods for internal use in the Kaliningrad Region
and goods produced in the Region and, after that, imported
into another part of the customs territory of the Russian
Federation or to the territory of the CIS customs union
or abroad are freed from customs duties and other payments.
The goods mentioned are not subject to measures of the Russian
Federation economic policy (measures for the non-tariff
regulation of foreign trade activity). Only a customs duty
of 0.15% is levied on the goods value.
A ware is regarded as having been produced in the Special
Economic Zone if the amount of the added value during its
processing is not less than 30 per cent, but for goods related
to electronics and complex household technology – not
less than 15 per cent, and that the processing causes a
change in the code of the ware in the customs classification.
The origin of a ware is corroborated by a certificate of
origin issued by the Chamber of Commerce and Industry of
Kaliningrad (TPP).
According to the law, neither foreign legal nor physical
persons may buy the land but it can be leased. According
to the information from the State Property Management Committee,
which plays an important role during the sales of land or
real property, under special conditions, it is allowed to
buy a lot related to some production facilities.
Before the above-mentioned Agreement and the Law of the
State Duma came into force, the law On Terms of Stimulating
Investment in the Kaliningrad Region of 27 April 1995
was adopted.
Recently, legislation on the Special Economic Zone was
supplemented by more documents. The legal basis remains
the same but it is extended by these. The Federal Target
Programme for the Special Economic Zone Development in Kaliningrad
Region in 1998-2005 signed on 29 September 1997 by Mr
Chernomyrdin is a sign of the special attention paid to
the Region’s hard situation and should include grants
for the development of the Special Economic Zone.
Under the strong pressure of the governor, the Regional
Law on Local Free Economic Zones in Kaliningrad Region
was adopted by the Kaliningrad Regional Duma, by which,
in fact, the above-mentioned law on stimulating investment
was replaced. Both legal and physical persons have the right
to apply for establishment of a Local Free Economic Zone
to the special commission whose members are appointed by
the governor. The permission is given on a competitive basis,
and it implies granting concessions in order to promote
investment. Until now, there have been no practical examples
available.
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