From 16 January 2019, organisations and individuals inviting foreign citizens to Russia (“Inviting Party”) will have new obligations*, such as ensuring that the declared purpose of the invited foreign citizen’s entry match the activities actually carried out by him and that he departs the Russian Federation before the expiration of his visa.
The obligations and procedures to be undertaken by the Inviting Party will be determined by a decree issued by the government of the Russian Federation (“Decree”).
In accordance with the draft Decree*, the Inviting Party will be obliged to take the following measures:
- Deliver two notices to the foreign citizen after his arrival in Russia: one on the need to comply with the purpose of entry and the other on the need to comply with the duration of stay. These notices are to be countersigned by the foreigner with the warning that he may be held liable in case of non-compliance. The notification forms will be approved by the Russian Ministry of Internal Affairs (“Ministry”).
- Provide conditions allowing the invited foreign citizen to comply with the declared purpose of entry. Depending on the purpose of entry, such conditions may include: employing the foreigner and concluding an employment contract with him (if entry is for work); and organising meetings, conferences, and negotiations (if entry is for business purposes), etc.
- Maintain communication with the invited foreign citizen or if necessary, conduct correspondence with him.
- Inform the local office of the Ministry if the invited foreign citizen has not complied with the declared purpose of entry or if communication with him has been lost. Notification must come within five working days from the time the relevant fact was discovered.
- Remind the invited foreign citizen that he needs to leave Russia before the expiry of his visa. The reminder must be sent not later than ten working days before the expiration of the visa by registered mail with a notice of delivery or handed to the foreign citizen personally against his signature.
- Assist the foreign citizen by removing obstacles for his timely departure from Russia (e.g. buying tickets if the visitor has no money or assisting him with the reissue of lost documents, etc.)
- Inform the local office of the Ministry of any violation made by the foreign citizen during his temporary stay. This notification must take place within five working days from the day of the violation.
We will monitor the approval of the final list of measures the Inviting Party must take and the forms that must be completed for the relevant notifications, and will report on this in due course.
If an Inviting Party fails to fulfil the measures established by law, an administrative fine* will be levied against the Party in the following amounts:
- for citizens – from RUB 2,000 to 4,000 (EUR 25 to 50);
- for company officials – from RUB 45,000 to 50,000 (EUR 568 to 630);
- for legal entities – from RUB 400,000 to 500,000 (EUR 5,050 to 6,300).
We recommend that organisations take these new requirements into account and develop internal compliance procedures as soon as the final list of measures is confirmed by the Decree.
If you have any questions on the matters referred to in this eAlert, please do not hesitate to contact CMS Russia experts Valeriy Fedoreev, Christophe Huet and Ekaterina Elekchyan or your regular contact at CMS Russia.
* In Russian