Sergey Nikolaevich, today many talk about the problems of the business affected by the pandemic. There are lists of industries that need help. And what happens to our export transactions and international agreements? Business cope?
Sergey Katyrin: Also have problems. And quite significant.
You know that by law, the CCI of Russia may be evidence of force majeure in foreign trade transactions and international treaties. So, the number of appeals of Russian companies for such documents has increased about 20 times. And issued certificates to 10 times.
In recent months increased the number of applications from international companies. The majority of the companies of China, Turkey, Italy, Germany, Kazakhstan and Belarus. They were issued more than 20 certificates on force majeure.
the Company which branches are turning now for such evidence?
Sergey Katyrin: This is basically the enterprises of sphere of trade, construction, machinery, shipbuilding, aviation industry and energy.
As the demand for certificates is distributed across Russian regions? What are the TOP 5, where most of force majeure. And why?
Sergey Katyrin: most of the certificates on force majeure for vneshneekonomicheskii contracts were issued to companies operating in Moscow, Saint-Petersburg, Moscow, Penza, Smolensk regions, Primorsky Krai. There really is a lot of export-oriented enterprises. This is the main reason.
Certificate gives a reprieve or even free from contractual obligations?
Sergey Katyrin: No, from the execution of contractual obligations such certificate is exempt.
But the recognition of any circumstances of force majeure gives, for example, the right to the debtor does not pay the penalty (fines, etc.) for delay of performance of the obligation.
If a force majeure is temporary, the exemption from the penalty will be valid only for the period when force majeure prevented to fulfill obligations. But then everything should be done strictly under the contract and the agreement. By the way, having a certificate, are often able to settle these issues without going to court.
what are the penalties for the failure of treaties for the Russian companies?
Sergey Katyrin: the penalties for violation of the terms of fulfillment of obligations, particularly on major foreign contracts or for a long period of time, sometimes hundreds of thousands of dollars.
Then why the CCI is not actively issues certificates of force majeure? Complain about you. And TPP is profitable – service has been paid.
Sergey Katyrin: first, I want slave��to rcnote: we issue certificates on force majeure as on foreign and domestic contracts for free. You have incorrect information.
second, we have not received complaints of violation of terms for issuing certificates of force majeure in foreign trade contracts.
Now about the intensity. Do you think it just write the paper? It is necessary to conduct examination of documents, often not enough of them happen, we have to make requests. The average one package of documents force majeure is five hours of work a qualified lawyer in one statement.
we were approached By 540 companies. 130 certificates received. 330 – prepared and submitted responses. There are those who just do not have enough documents required clarification. And there are those who have no basis for issuing a certificate. We try to work quickly. Therefore, attracted by external forces – we have enough serious legal team working on it. And then keep in mind that certificates of external force majeure only gives the Federal chamber. This internal – all our chamber at work.
A regional chamber do it? They have probably even more hits.
Sergey Katyrin: In General – Yes. They have more than 11.5 thousand of the appeal on force majeure. Issued 621 internal transactions between two Russian legal entities. But here not all depends only on us.
Take the leasing in the automotive industry (buses, trucks). Under these agreements, we are unable to issue such documents because direct bans on the use of public transport (unlike, for example, from the aircraft communications), neither the regional government nor the Federal was not accepted. So we appealed to the Supreme Court, which is entitled to give appropriate explanations.
And asked a specific question: whether it is possible to consider as force majeure, the measures that have been and are regional authorities, restricting the movement of citizens as the restriction on the use of motor vehicles. In addition, the Civil code of the Russian Federation has a provision, which does not allow to recognize the lack of funds from the debtor’s circumstance of force majeure. While not entirely clear, as in some cases this restriction? And whether it applies to leasing and lease relations?
In the same situation are now other parties – the landlords and lessors. They are also in a difficult situation in respect of their credit institutions. And also would like to document the existence of force majeure, to provide its counterparties under the contracts. They also have to pay. And how, if they do not receive money from their customers?
That is pandemic n�� is automatically a force majeure? It should identify the authorities for each sector of economic activity?
Sergey Katyrin: Yes. However, almost all believe that the very appearance of coronavirus, the Declaration of a pandemic is already the circumstance of force majeure. There is no such. And not only here, but throughout the world.
And if we start issuing the documents, not supported by the law and practice of its application, it will only hurt companies. They are easy to challenge in court. Then you have to pay penalties and interest. Yes, and to extinguish the debt, that is, to perform an obligation in kind. We do not want to expose.
In this situation can still be well advised to try to negotiate with their partners about changes of the contract and postponement of payments. And not to delay the resolution of this issue. And as soon as we see the position of the Supreme Court, for example, the rent (a big problem), and leasing, we’ll start tomorrow to give all that 11.5 thousand companies and anyone who still appeal, proof of force majeure under domestic contracts.
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