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Information on recent amendments to Russian migration rules

Employment and Labor

Federal Law No 199-FZ on Amendments to Articles 18.10 and 18.15 of the Administrative Penal Code and the Federal Law on the Legal Status of Foreign Citizens in the Russian Federation of June 29.06.2015 (the “Amendment Law”) was published and entered into force on June 30, 2015.

The Amendment Law requires foreign employees who change their name or passports to apply to the migration authorities to enter the appropriate changes to their work permits (i.e. to indicate the new name or new passport details in the work permit):

  • within 7 days of such change (if the name was changed or the new passport was received in the Russian Federation); OR
  • within 7 days of entering Russia (if the name was changed or the new passport was received outside the Russian Federation).

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Information on recent amendments to Russian migration rules

Focus: Sanctions and Sanctions Clauses

Sanctions

As you know, the United States, the European Union, Canada, Australia, Switzerland, Japan, and certain other countries have introduced a wide array of individual, sectoral, and Crimea-related sanctions on Russia due to the situation in Ukraine. Russia holds that these sanctions are illegal and unenforceable.

Because of the conflict, some businesses with a presence in Russia may find themselves exposed to inescapable risk while trying to adjust to both the Western sanctions on the one hand, and new provisions in Russian law on the other.

To address this, Dentons has formed a small team in Russia dedicated to dealing with sanctions-related provisions in contractual documentation with Russia-based parties, as well as various other sanctions-related matters

As of today, we will be able to assist you with the following:

  • Drafting sanctions clauses in contractual documents;
  • Drafting sanctions-related provisions in force-majeure clauses;
  • Identifying sanctioned entities and individuals;
  • Defining the legal meaning of “control” to determine whether sanctions regulations apply.

We hope you find this resource to be useful. We believe it will allow us to be more systematic about sanctions clauses and ensure that we can provide a high level of responsiveness and consistency.

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Focus: Sanctions and Sanctions Clauses

Critical employment issues facing multi-national employers

Labour-2-(ThinkStock)

December 10, 2014 04:00 PM – 07:00 PM EDT    

McGraw-Hill Conference Space    

1221 Avenue of the Americas 50th Floor

New York, NY United States

Dentons Global Employment and Labor group is pleased to invite you to an interactive program bringing together Dentons lawyers from around the globe to present on several critical employment issues facing multi-national employers. The three-panel program will be followed by networking cocktails where you will have an opportunity to mingle and connect with professionals in the industry.

Panel topics and speakers:

Moderated by Brian Cousin

Privacy Panel (4:30 p.m.–5:30 p.m.): Andy Roth (US), Barbara Johnston (Canada), Michael Bronstein (UK), Katell Deniel-Allioux (France), Todd Liao (China by video), Neil Capobianco (US)

Global Mobility Panel (5:30 p.m.–6:00 p.m.): Matt Schulz (US), Michael Bronstein (UK), Todd Liao (China by video)

Restrictive Covenants Panel (6:00 p.m.–7:00 p.m.): Richard Scharlat (US), Adrian Miedema (Canada), Michael Bronstein (UK), Katell Deniel-Allioux (France), Todd Liao (China by video)

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Critical employment issues facing multi-national employers

Russian citizens will now have to notify authorities when obtaining foreign citizenship or permanent residency in a foreign country

Russian Dual

On June 4, 2014 the President of the Russian Federation signed a law requiring Russian citizens to notify the migration authorities on obtaining foreign citizenship or any right to reside permanently in a foreign country within 60 calendar days of the occurrence of each event. Notification for Russian citizens who are under 18 years old should be submitted by their legal representatives (parents, guardians, etc.). The law will take effect starting from August 4, 2014.

The law will also apply to Russian citizens who have received foreign citizenship or a right to reside permanently in a foreign country before the effective date of the law. Such Russian citizens will also need to notify the migration authorities on obtaining foreign citizenship or any right to reside permanently in a foreign country within 60 calendar days upon the date of entry into force of the law (i.e., before October 3, 2014).

These new rules will not affect Russian citizens who permanently reside outside the Russian Federation (not simply those who have a right to reside permanently abroad, but who de facto stay permanently abroad). The question remains open however, as to whether a Russian citizen who currently resides permanently abroad and is therefore now exempt from notifying the migration authorities when entering and staying in Russia in the future can be held liable for failing to notify the migration authorities.

Notification of the migration authorities on obtaining foreign citizenship or any right to reside permanently in a foreign country may be given either personally or by sending a notification to the local migration office at the place of residence or stay of a Russian citizen through the Russian Post. The form of notification is currently being developed. In addition to the notification form, the applicant will also need to provide the migration authorities with an original (and copy) of his/her Russian passport and a copy of a document confirming his/her foreign citizenship or any right to reside permanently in a foreign country.

Failure to give the notification within the prescribed 60-day term, OR providing incomplete information, OR providing false information is subject to administrative liability and shall result in an administrative fine in the amount of 500 – 1,000 rubles (approx. 10 – 20 euros).

Failure to notify the migration authorities on obtaining foreign citizenship or any right to reside permanently in a foreign country is subject to criminal liability and shall result in a fine of up to 200,000 rubles (approx. 4,200 euros) OR up to the salary or other income of the convicted person for a period of up to one year OR compulsory community service of up to 400 hours.

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Russian citizens will now have to notify authorities when obtaining foreign citizenship or permanent residency in a foreign country

Potential new rules for Russian work or residency permits

Migrant Workers Learning

The Federation Council (the upper house of the Federal Assembly of Russia) approved on April 16 a law requiring foreign citizens to take examinations in Russian history, legislation and language in order to receive a certificate necessary for obtaining work permits and permanent or temporary residence permits. If the law is signed by Russian President Vladimir Putin, practically all categories of foreign employees (visa or non-visa) working in Russia – irrespective of whether they are migrants from the countries of the former Soviet Union working as street cleaners or skilled drilling engineers from elsewhere — will be required to comply as of January 1, 2015. The law will also apply to foreign workers employed as nannies, housekeepers, etc., and foreigners obtaining Russian permanent or temporary residence permits.

These new rules will not affect highly-qualified specialists (foreign employees earning more than approximately 40,000 euros a year who hold an applicable work permit) who work in Russia and foreign students of accredited state educational institutions who wish to work simultaneously with their studies.  In addition, applicants for a Russian permanent or temporary residence permit under 18 years old or over 65 (men) or 60 (women), as well as a few other categories of foreign citizens, will be exempt from such examinations.

Legislators believe the changes will be an important step towards the adaptation and integration of foreign citizens in Russia.

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Potential new rules for Russian work or residency permits

Employee Protection Against Currency Risks?

Pensions-(ThinkStock)

“Keep your income and expenses in the same currency” — everyone knows this golden rule, even if they are not always able to stick to it. Foreign citizens working in Russia may receive their salary in rubles, but have expenses in their home country (such as mortgage payments) in a different currency, euro for example. They may often pay their Moscow landlord in euros or dollars, as it is common in Moscow for rents to be set in foreign currency. Russian citizens often take out loans as the ruble equivalent of a foreign currency, as they believe such loans may be advantageous under certain circumstances. The fall in the ruble since the beginning of this year has hit all those whose foreign currency expenses when calculated in rubles have risen fast, while their ruble income has remained the same. As a result, working in Russia has become less attractive for many foreigners and led some to wonder whether there is a solution to the ruble salary issue, and if not, whether they should leave Russia and look for work in a country with more attractive pay conditions. 

Read this complete article, recently published by the Moscow Times, to learn more about this issue and possible solutions.

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Employee Protection Against Currency Risks?

New immigration rules for the Russian citizens in Ukraine

Russian Federation Flag

In response to Russia’s decision to limit Ukrainians’ period of stay in the country as of January 1 of this year, the Ukrainians have gone “tit-for-tat” and imposed similar restrictions to Russian citizens entering the Ukraine.  As of April 7,  various new rules apply to Russian citizens travelling, working or residing in the Ukraine; failure to comply will result in the denial of entry or an administrative fine.  For further information on this development read my recent article.

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New immigration rules for the Russian citizens in Ukraine