In the context of restrictive measures aimed at combating the spread of COVID-19, there is still a list of persons whose entry into the Russian Federation is not restricted by the Government of the Russian Federation. One of these are employees who enter for the purpose of “Technical servicing” (if the customer of the work is under the jurisdiction of the Federal Executive authority, which has sent lists of foreign employees to the FSB and the Ministry of Internal Affairs according to the Decree of the Government of the Russian Federation No. 635-R of 16.03.2020, as amended on June 25, 2020).
We would like to take note of the fact that for the entry of persons involved in the adjustment and maintenance of foreign – made equipment in the Russian Federation, it is necessary that the data of these persons be included in the list sent to the FSB of Russia and the Ministry of Internal Affairs of Russia by the Federal Executive authority, which is responsible for the organization-customer of foreign-made equipment. This wording implies that the Executive authorities should be responsible for the organization, and not its activities.
Please note that during crossing the border of the Russian Federation, a foreign citizen, for this purpose of entry, must have the following documents:
- Passport and business visa indicating the purpose of entry "Technical servicing" (for visa countries).
- Medical document (in Russian or English) confirming the negative result of a laboratory test of the material on COVID-19 by polymerase chain reaction (PCR), selected no earlier than 3 calendar days before arrival in the territory of the Russian Federation.
- Before arriving on the territory of the Russian Federation, foreign citizens must fill out a questionnaire for those arriving on the territory of the Russian Federation (the recommended sample is posted on the official website of Rospotrebnadzor: " Application form for those who are on flights to the Russian Federation for border crossing").
- Contract that specifies the obligations of a foreign organization-a manufacturer or supplier of technical equipment, for the performance of which a foreign citizen is sent to the Russian Federation (there must be a link with the inviting party to the Russian Federation).
- Employment contract with your foreign employer by a foreign organization-manufacturer or supplier of technical equipment.
- Documents confirming delivery of technical equipment to the Russian Federation.
Employers still need to:
- Ensure that employees leaving the Russian Federation are informed of the need for laboratory tests on COVID-19 by PCR within three calendar days from the date of arrival of the employee on the territory of the Russian Federation.
- Check the availability of medical documents confirming a negative result of a laboratory test for COVID-19 by PCR, obtained at least three calendar days before arrival on the territory of the Russian Federation, when attracting foreign citizens to work.
- Inform foreign citizens of what they should say and how they should speak during inspections by the relevant authorities. In addition, explain that they should avoid such concepts as: work, permanent work, etc.
It should be added that the Department of migration of the Ministry of Internal Affairs of the Russian Federation is quite wary of this category of visas and, as a rule, in the case of checks, a foreign citizen with a "Technical servicing” visa is given more attention when crossing the border.
Especially it will be very difficult to prove your entry for this purpose to citizens with a visa-free entry purpose, because they do not issue a visa and therefore they can only state the purpose of entry with words. More information can be found here.
Also please note that if revealed activities not spelled out in the contract between this organization and the foreign employee, such actions can be equated with employment, and thus have a risk of being brought to administrative responsibility of both the company and the foreign citizen.
In order to minimize the risks of relations between foreign citizens with “Technical servicing” visas and Russian organizations for which these foreign citizens perform the relevant work as labor, it is recommended to have documentary evidence of compliance with the following conditions for attracting foreign citizens to work on a “Technical servicing visa”:
- The attracted foreign citizen is an employee of a foreign legal entity (manufacturer or supplier) of technical equipment, in respect of which installation (supervision) works, service and warranty services, as well as post-warranty repairs are carried out.
- The attracted foreign citizen performs installation (supervision) work, service and warranty service, as well as post-warranty repair of technical equipment delivered in the Russian Federation.
- The equipment for which installation (supervision) works, service and warranty services, as well as post-warranty repairs are carried out, is technical And imported to the Russian Federation in the appropriate order (namely as technical equipment).
- The engaged foreign citizen performs installation (supervision) work, service and warranty service, as well as post-warranty repair of technical equipment strictly in accordance with the contractual relationship (written warranty obligations) between the foreign manufacturer/the supplier and the organization for which, according to the contractual relationship (written warranty obligations), the corresponding work is performed (receiving the corresponding work).
- Contractual relations (written warranty obligations) between a foreign Manufacturer/The supplier and the organization for which the relevant work is performed (receiving the relevant work) must contain specific information to identify the technical equipment being serviced. These data should allow to identify the accepted technical equipment as imported into the territory of the Russian Federation (to match the documents, confirming legal import of equipment in Russia).
- A foreign citizen is engaged in work on a "Technical servicing" visa only if these visas are issued by the organization for which, according to the contractual relationship, the relevant work is performed (the host of the relevant work). This condition does not follow from the current provisions of the NPA, but follows from established practice.
Please note that the law provides for the following penalty for this violation-the imposition of an administrative fine:
- for citizens in the amount of 2 000 to 5 000 Rubles;
- for officials - from 25 000 to 50 000 Rubles;
- for legal entities - from 250 000 to 800 000 Rubles or administrative suspension of activity for a period of 14 to 90 days.
Violations committed in the Federal cities of Moscow or Saint Petersburg, or in the Moscow or Leningrad region, result in an increased administrative fine of up to 1 000 000 Rubles.
For more information, please contact the consultants of the Confidence Group company.
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