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Extensive expertise in the sphere of customs and administrative law and practical knowledge of foreign exchange matters enable Elena to maintain an open and effective dialogue with both representatives of the business community and customs authorities of the Russian Federation and of other countries.
Major multinational and domestic companies contact Elena for expert assistance on various matters pertaining to foreign trade, import into and export from Russia.
She has a comprehensive knowledge of the legislation regulating customs value, including internationally. Elena is well acquainted with the methods for confirming the customs value of goods imported in related party transactions and her expertise with regard to inclusion of royalties in the customs value of goods has already helped her numerous clients to justify the customs value of their goods correctly. She is convinced that importers that have concluded licence or other similar agreements are not automatically required to adjust the customs value of relevant goods, unless their importation triggers payment of royalties. Elena’s DDs on transactions and analyses of contracts have resulted in the declared customs value finally being approved by the customs authorities.
Elena has considerable experience and a comprehensive knowledge of proving country of origin of goods, which is particularly important for obtaining customs benefits upon carriage of goods from CIS countries, developing and less developed countries and within the Customs Union.
If customs decisions depart from legislative provisions and administrative appeals to the customs against such decisions prove fruitless, Elena acts for her clients in court, be they individuals or corporates, to get the illegal decisions reversed. With Elena’s assistance, her clients have succeeded in obtaining lawful decisions with regard to the customs value or classification of goods and recovered customs payments collected to excess. If the customs fail to act and this violate the interests of our clients, Elena obtains a decision to preclude business suffering.
Assisted by Elena, her clients successfully challenge unlawful resolutions of the customs and foreign exchange controlling authorities bodies on holding their companies administratively liable.
Acting for right-owners, Elena uses her knowledge and experience to protect the Russian market against counterfeit products.
Elena Belozerova was selected by peers as one of the best lawyers in Russia in the fields of Customs and Excise Law, Trade Law, according to The Best Lawyers in Russia 2009-2019 Editions.
Who’s Who of Trade & Customs Lawyers 2016 highly recommends Elena Belozerova as one of the leading lawyers in Russia.
Some recent projects Elena Belozerova has led and managed include:
Acted for a major international film production company in negotiations with the customs authorities with respect to confirmation of the customs value of goods incorporating intellectual property. Represented the company’s interests in state arbitration courts challenging illegal customs authority decisions and appealing against unlawful resolutions imposing administrative liability.
Acted for a major global consumer goods company in a dispute with the customs authorities over goods classification. Some of the classification decisions were cancelled by the customs themselves (the authority agreed it had made an error in issuing a BTI) and some were recognised by the court as illegal and departing from the legislation.
Provided legal support for projects to contest classification decisions of the customs authorities. In one of the litigations, incorrect classification of goods resulted in a 15% increase in the import customs rate and the client’s business in Russia faced the prospect of liquidation as being uncompetitive because of the high price of its goods. The arbitration court agreed that the customs authorities had classified the goods incorrectly, disregarded expert opinions and the European experience of classifying such goods.
Acted for a major trading company in challenging illegal omissions on the part of the customs authorities pertaining to repayment of overpaid paid customs dues. Owing to customs value being determined incorrectly upon importation of goods and absence of confirming documents, the customs value was considerably overstated, thus pushing up the customs payments due. The customs authority took a formal approach to the matter and refused to repay the overpaid customs payments. The arbitration court upheld the claimant’s position and recognised the refusal as invalid. This was not the only instance of such a dispute and extensive experience has been accumulated of recovering customs charges paid/collected in excess.
Acted for a major Russian gas company in litigation with the customs authorities over determination of the customs value during sale of goods to an affiliated entity at below cost price for subsequent export. All the court rulings were passed in favour of the client and overpaid customs dues and the legal costs were refunded to the company.
Acted for a major European food producer in customs and court appeals against customs authority actions to enforce customs payments.
Advised a leading global food company on customs and exchange matters, including determining customs value, gaining benefits on customs payments and classifying goods. Obtained a WCO goods classification opinion for the Company.
Successfully handled a litigation by the Russian arm of a major international oil services company against customs authority decisions classifying goods and upwardly assessing customs payments; the court ruling on this case constituted a welcome precedent for many foreign trading companies importing similar goods.
Advising and inclusion of the major international manufacturer of agricultural equipment into the Customs Register of Authorised economic operators.
Elena’s clients include such majors as 20th Century Fox, Oriflame, Mars, MICHELIN Russian Tyre Manufacturing Company and Luhta Fashion Group.
Elena keeps abreast of new legal developments, builds up her knowledge and improves her expertise with respect to the Customs Union legislation and anti-dumping laws and participates actively in conferences and seminars on foreign trade, application of the customs legislation and foreign exchange regulation. She also delivers personal workshops and speaks at industry forums as a customs and foreign exchange expert.
Elena also has numerous publications.