New measures for those inviting foreign visitors now in force

From 25 September 2020, organisations and individuals inviting foreigners to Russia (i.e. inviting parties) are required to take certain measures* aimed at ensuring that the foreigners they invite comply with the procedure for staying in Russia.

The Russian government developed the list of measures in compliance with a Federal Law* that established additional obligations for inviting parties on which we reported on earlier.

Before the adoption of the list of measures, the general requirements of the Federal Law could not actually be enforced: migration authorities were not able to impose any sanctions on inviting parties for non-compliance with the law.

Developing the list of measures took almost two years as the initial version received negative feedback from the business community. The final version of the list was significantly reduced and became more acceptable for inviting parties.

What measures do inviting parties have to take?

Inviting parties must adopt the following measures in relation to the foreigners they invite:

• provide each foreigner with their contact details for keeping in touch. As no list of contact details has been set, in our opinion, the inviting parties should at least provide foreigners with their address, phone number, email, and the name and contact details of a representative. Contact information must be provided before the foreigner enters Russia (when drawing up the relevant invitation) or after his arrival, by sending him a notification in any form by any available means (e.g. by email with a read receipt) or handing such a notification to the foreigner personally against his signature);

• actually support the foreigner materially, medically and with housing as guaranteed when drawing up the invitation (e.g. provide or pay for accommodation, provide medical insurance or monetary funds to pay for any medical treatment, etc.);

• assist the foreigner in implementing the declared purpose for entry into Russia (e.g. when entering on business, organising meetings, conferences and business negotiations; in the case of entry for hired work, concluding an employment agreement and providing a job); and

• notify the territorial body of Russia’s Ministry of Internal Affairs if contact with the foreigner has been lost after he entered Russia. The notification must be sent within two working days of the time when contact was lost (i.e. when it was established that contact was lost) and can be submitted directly to the territorial body of the Ministry of Internal Affairs or by sending a written notification in any form (including electronically).

Comment

Many inviting parties were already performing most of the measures included in the list (e.g. providing foreigners with contact details and accommodation, organising meetings for foreigners entering with business visas, etc.). But they now must keep relevant evidence of the measures they are taking and be ready to provide it in case of an audit by the migration authorities.

If an inviting party fails to take the measures established by law, it could face* an administrative fine in the following amounts per breach with respect to each foreigner:

• for individuals – from RUB 2,000 to RUB 4,000 (from EUR 22 to EUR 44);

• for company officials – from RUB 45,000 to RUB 50,000 (EUR 490 to EUR 545);

• for legal entities – from RUB 400,000 to RUB 500,000 (from EUR 4,362 to EUR 5,452).

For more information on this eAlert, please contact CMS Russia experts Valeriy Fedoreev, Christophe Huet, Ekaterina Elekchyan or your regular contact at CMS Russia.

* In Russian