Chairman of AEB Council

© AEB

Congratulations to Lodewijk! The AEB Council of National Representation  (“CNR”) re-elected Juralink’s managing partner Lodewijk Schlingemann as its Chairman.

The Association of European Businesses is the main representative body of European foreign investors in Russia. Its 500 plus European and Russian member companies are committed to boosting cooperation between the EU and Russia, and improving the investment climate of the Russian Federation. The CNR acts as the advisory and consultative body to the Board.

See also: https://aebrus.ru/en/news/the_aeb_council_of_national_representation_cnr_elected_its_chairman_and_his_deputy/

Force majeure certificates issued by the Russian Chamber of Commerce

Foreign companies who cannot (timely) fulfil their contractual obligations to a Russian partner due to COVID-19 may obtain a force majeure certificate from the Russian Chamber of Commerce and Industry.

This certificate will serve as evidence that the non-performing party cannot be held liable for any damages or penalties as a result of its late or non-performance.

The Chamber of Commerce and Industry (‘CCI’) grants the force majeure certificate only in regard to the liabilities arising from contractual obligations and having occurred on the territory of Russia. The basis of the force majeure circumstances is not the coronavirus epidemic itself, but legal measures implemented by the Russian authorities, which contain direct prohibitions and restrictions and, in this regard, make it impossible for the parties to fulfil their obligations.

Measures restricting access to Russia in an effort to combat the virus are recognized as circumstances of force majeure. Such measures make it temporarily impossible for foreigners to enter the Russian Federation for performance of installation, maintenance, repair and other services under a contract. Other circumstances cannot be attributed to force majeure, but are considered normal entrepreneurial risks, in particular: deterioration of the economic condition of the enterprise, a change in the exchange rate, and the devaluation of the national currency.

A force majeure certificate can be obtained by filing a request with the CCI. It requires the submission of an application, accompanied by the complete contract and addendums hereto, as well as the detailed argumentation referencing all force majeure circumstances with evidence thereof from relevant authorities. The application shall be in Russian, and can be submitted via an authorized representative.

The Russian CCI in Moscow issues force majeure certificates specifically for international transactions. It is making special efforts to review all applications.

Please note, that even if invoking force majeure releases a party from liability (for damages and penalties) for (partial) non-performance of contractual obligations, it must still perform its obligations as soon as the circumstances of force majeure have ended. A right of termination of the contract exists only if explicitly stipulated in the contract. Any issues with relation to the fulfillment of contractual obligations and other impact of force majeure to a specific contract must be decided by court.

We will be happy to assist you.

Russian borders closed until May: consequences for HQS

Due to COVID-19, the Russian borders will remain closed until May. This can have consequences for foreigners with a Highly Qualified Specialist (HQS) status, both inside and outside Russia.

In general,  HQS visa holders staying in Russia now have the possibility to extend their visa and registration for up to 90 days, but the situation is a  bit more complicated for HQS visa holders stuck abroad. These individuals will not be able to return to Russia until 1 May 2020. And this date can still be extended by the Russian Ministry of Internal Affairs.

In order to maintain the HQS status of their foreign employees, the employers will need to continue paying the agreed salary (min. RUB 167,000 gross per month). Even so, if an employee stays abroad for six months or longer, the Russian government can annul his work permit.

The Ministry of Labour of the Russian Federation has the view that remote work from abroad cannot be permitted because employers cannot guarantee safe working conditions and because such remote work is not explicitly permitted under the Russian labour legislation.

To enable foreign employees of a Russian entity to work from abroad legally nonetheless, the employer must ensure that all adequate internal documents are in place.

Many different factors must be taken into account for each specific case, and each of them will require different documents:

  • Are they able to work from another country? Then, an agreement on transfer to remote work should be signed.
  • Can they be transferred to another position? Then, an order on temporary transfer to another position should be issued.
  • What are the reasons for the foreign employee to be abroad? (business trip, vacation, force majeure, etc.) Then, an order on the extension of such reason must be provided.

If you have any HQS employees staying outside Russia now, waiting to get back, do not hesitate to contact us for assistance with the documentation and solid advice!

Our locations

  • Moscow
  • Cologne
  • St. Petersburg
  • Amsterdam
  • Ukraine / Belarus
  • Juralink Amsterdam

    Nieuwezijds Voorburgwal 331B
    1012 RM Amsterdam

    Please check for urgent correspondence.
  • Juralink Cologne

    + 49 152 071 696 44

    Kölner Betriebsstätte der Juralink Consultancy B.V.
  • Juralink Moscow

    +7 495 966 0456
    + 7 495 625 34 76 (fax)

    + 7 903 749 87 59 (Lodewijk)

    OOO Juralink
    Krasnoproletarskaya ul. 16, building. 1, 4th floor
    127473 Moscow
    Russian Federation

    Please take entrance 3 (near the sign of delicatessen Brothers Karavaev

    "Братья Караваевы").
  • Juralink St. Petersburg

    +7 812 374 65 75

    OOO Juralink-Gnius
    Nevsky Prospect 30, office 3.12
    191011 St. Petersburg
    Russian Federation
  • Juralink Ukraine
    Juralink Belarus

    +375 29 684 8085

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