RUSSIA
Since April 2015
Pillar Technical standards applied to ICT goods and online services |
Indicator Product screening and additional testing requirements
Decision No. 30 of the Eurasian Economic Commission Board "On Measures of Non-tariff regulation" (Решение Коллегии Евразийской экономической комиссии от 21 апреля 2015 г. N 30 "О мерах нетарифного регулирования")
Equipment and devices containing encryption have to be registered with the Federal Security Service (FSS), and the manufacturer or the seller has to obtain FSS notification upon importation or exportation of such equipment.
Notification of the FSS recognises the fact that the products manufactured by the enterprise contain various elements of a cryptographic/encryption nature. Notification of the FSS is a prerequisite for the import into the territory of the Eurasian Economic Union (EAEU) or export from the territory of the EAEU of equipment containing encryption elements.
The registration of the FSS notification when importing or exporting goods is regulated in accordance with the Regulations on the import into the customs territory of the Eurasian Economic Union and export from the customs territory of the EAEU of encryption means (Annex No. 9 to the Decision of the Board of the Eurasian Economic Commission No. 30 dated April 21, 2015). Notification of the FSS is necessary for equipment and devices, both general civil, industrial, scientific and other purposes, including a large list of products containing cryptographic components, which includes many high-tech devices such as mobile phones, tablet computers, laptops, wireless keyboards, wireless mice, servers, RFID tags (a device for the extraction of various cryptocurrencies (miners)) and many other devices. If a device has already been listed in the EAEU register, no notification is required.
Notification of the FSS recognises the fact that the products manufactured by the enterprise contain various elements of a cryptographic/encryption nature. Notification of the FSS is a prerequisite for the import into the territory of the Eurasian Economic Union (EAEU) or export from the territory of the EAEU of equipment containing encryption elements.
The registration of the FSS notification when importing or exporting goods is regulated in accordance with the Regulations on the import into the customs territory of the Eurasian Economic Union and export from the customs territory of the EAEU of encryption means (Annex No. 9 to the Decision of the Board of the Eurasian Economic Commission No. 30 dated April 21, 2015). Notification of the FSS is necessary for equipment and devices, both general civil, industrial, scientific and other purposes, including a large list of products containing cryptographic components, which includes many high-tech devices such as mobile phones, tablet computers, laptops, wireless keyboards, wireless mice, servers, RFID tags (a device for the extraction of various cryptocurrencies (miners)) and many other devices. If a device has already been listed in the EAEU register, no notification is required.
Coverage Equipment and devices with encryption
Sources
- https://web.archive.org/web/20241005065452/https://docs.eaeunion.org/docs/en-us/0107584/clcd_22042015_30
- https://portal.eaeunion.org/sites/cp65/_layouts/15/portal.eec.registry.ui/registry65.aspx?itemid=9&listid=535beaa14129-43e7-8be2-a03dee7bed94
- https://web.archive.org/web/20220103115735/https://importlicensing.wto.org/content/decision-no30-board-eurasian-economic-commission-%E2%80%9C-measures-non-tariff-regulation%E2%80%9D-21-april
- https://web.archive.org/web/20231207204059/https://certificate.moscow/%D0%9D%D0%BE%D1%82%D0%B8%D1%84%D0%B8%D0%BA%D0%B0%D1%86%D0%B8%D1%8F-%D0%A4%D0%A1%D0%91
- https://web.archive.org/web/20240719065254/https://minprom.ru/uslugi/notifikaciya-fsb/
- https://web.archive.org/web/20241115170011/https://certificate.moscow/Portals/2/%D0%A4%D0%A1%D0%91/30-9--21-04-2015.doc
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RUSSIA
Since April 2011
Pillar Technical standards applied to ICT goods and online services |
Indicator Restrictions on encryption standards
Federal Law No. 128-FZ “On Licensing Specific Types of Activity” (Федеральный закон "О лицензировании отдельных видов деятельности" от 08.08.2001 N 128-ФЗ)
Companies need to acquire a license in order to be engaged in distributing encryption facilities, maintaining encryption facilities, providing encryption services, and developing and manufacturing encryption facilities protected by means of encryption under Art. 12 of Federal Law No. 128-FZ “On Licensing Specific Types of Activity”.
Coverage Encryption services
RUSSIA
Since July 2002, as amended in August 2019
Since June 2011, as amended in October 2014, last amended in July 2023
Since June 2011, as amended in October 2014, last amended in July 2023
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Russian Federation Federal Law No. 86-FZ "On the Central Bank of the Russian Federation" (Bank of Russia)
Federal Law of the Russian Federation of 27 June 2011 No. 161-FZ About national payment system (Федеральный закон от 27.06.2011 г. № 161-ФЗ О национальной платежной системе)
Federal Law of the Russian Federation of 27 June 2011 No. 161-FZ About national payment system (Федеральный закон от 27.06.2011 г. № 161-ФЗ О национальной платежной системе)
According to Art. 19 of Law No. 86-FZ (as amended by Law No. 264), several requirements for the functioning of foreign payment systems on the territory of the Russian Federation are established. According to these requirements, in order to provide services to Russian customers or to enter into contracts with local payment system operators, foreign payment systems have to be included in the Register of the Russian Central Bank. To be included in the Register, a foreign operator has to apply by submitting all the required documents in Russian through its subdivision in Russia. In addition, operators of foreign payment systems that do not have a subsidiary in the Russian Federation are able to work with Russian banks if they establish a branch office in Russia and register with the Central Bank.
Furthermore, amendments to the Federal Law on the National Payment System (NPS Law) significantly affect e-payments. According to Federal Law No. 319-FZ, “On Amendments to the Federal Law on the National Payment System and Certain Legislative Acts of the Russian Federation”, international payment cards it is required to be processed locally. In addition, the NPS Law also requires security deposits by operators of such payment systems that do not qualify as nationally important payment systems. Representatives of international payment systems have reported criticism of the introduction of such security deposits. Additionally, NPS Law prohibits the cross-border transfer of money or funds from Russia to countries where Russian payment systems, including Russian electronic payment systems, are not recognised.
Furthermore, amendments to the Federal Law on the National Payment System (NPS Law) significantly affect e-payments. According to Federal Law No. 319-FZ, “On Amendments to the Federal Law on the National Payment System and Certain Legislative Acts of the Russian Federation”, international payment cards it is required to be processed locally. In addition, the NPS Law also requires security deposits by operators of such payment systems that do not qualify as nationally important payment systems. Representatives of international payment systems have reported criticism of the introduction of such security deposits. Additionally, NPS Law prohibits the cross-border transfer of money or funds from Russia to countries where Russian payment systems, including Russian electronic payment systems, are not recognised.
Coverage Financial sector
Sources
- https://web.archive.org/web/20231130003522/https://cis-legislation.com/document.fwx?rgn=45379
- https://web.archive.org/web/20230327045220/https://www.cbr.ru/Content/Document/File/37343/law_cb_e.pdf
- https://web.archive.org/web/20150731101753/https://www.lexology.com/library/detail.aspx?g=7cf4f846-f606-4a5c-ae8a-50d0a8f220dc
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RUSSIA
Since January 2018, last amended in May 2019
Since August 2018, last amended in July 2021
Since August 2018, last amended in July 2021
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Law No. 317-FZ on Customs Code of the Eurasian Economic Union (Таможенный кодекс Евразийского экономического союза)
Federal law No. 289-FZ on Customs Regulation in the RF and on amendment of certain legal acts of the RF(О таможенном регулировании в Российской Федерации и о внесении изменений в отдельные законодательные акты Российской Федерации)
Federal law No. 289-FZ on Customs Regulation in the RF and on amendment of certain legal acts of the RF(О таможенном регулировании в Российской Федерации и о внесении изменений в отдельные законодательные акты Российской Федерации)
Customs regulation in the Russian Federation is carried out in accordance with domestic legislation and the international Treaty on the Customs Code of the Eurasian Economic Union, ratified and implemented in the Russian Federation as of 2018.
According to Arts. 136 and 225 of Law No. 317-FZ on the Customs Code of the Eurasian Economic Union, goods placed under the customs procedure for release for domestic consumption may benefit from an exemption or reduction of customs duties and taxes if their total customs value does not exceed EUR 200 (approx. USD 225).
Pursuant to Art. 47 of Federal Law No. 289-FZ on Customs Regulation in the Russian Federation and on amendment of certain legal acts of the RF for goods (excluding personal use items) imported into or exported from the Russian Federation if the total customs value does not exceed 200 EUR based on the official exchange rate set by the Central Bank of the Russian Federation at the time of customs declaration, the obligation to pay customs duties does not arise.
According to Arts. 136 and 225 of Law No. 317-FZ on the Customs Code of the Eurasian Economic Union, goods placed under the customs procedure for release for domestic consumption may benefit from an exemption or reduction of customs duties and taxes if their total customs value does not exceed EUR 200 (approx. USD 225).
Pursuant to Art. 47 of Federal Law No. 289-FZ on Customs Regulation in the Russian Federation and on amendment of certain legal acts of the RF for goods (excluding personal use items) imported into or exported from the Russian Federation if the total customs value does not exceed 200 EUR based on the official exchange rate set by the Central Bank of the Russian Federation at the time of customs declaration, the obligation to pay customs duties does not arise.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230202124115/http://www.consultant.ru/document/cons_doc_LAW_215315/d7745deb218390fa54e0bde009d8d8deea85b608/
- https://web.archive.org/web/20220401112155/https://www.consultant.ru/document/cons_doc_LAW_215315/c3b5dab415f0ee1484f6591f0d858c9b698cc7dd/
- https://web.archive.org/web/20240224153551/https://www.consultant.ru/document/cons_doc_LAW_304093/72251709ea27c65a6b9e7915485e9a965ad00495/
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RUSSIA
Reported in 2021, last reported in 2023
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Lack of transparency in customs
Stakeholders have observed that the Russian Government does not consistently publish all regulations, judicial decisions, and administrative rulings of general application concerning customs matters. Furthermore, customs enforcement reportedly varies by region and port of entry, with frequent and unpredictable regulatory changes exacerbating costs and causing delays at the border.
Coverage Horizontal
RUSSIA
Reported in 2022, last reported in 2023
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Blocking of web content and websites
Russian authorities have reportedly continued to block online platforms in Russia and occupied Ukraine to control the narrative and disseminate disinformation through official channels. Platforms such as X (formerly Twitter), Facebook, and Instagram have been blocked, and authorities have also threatened censorship against others like YouTube and WhatsApp to enforce compliance with government directives. Facebook and Instagram have been inaccessible since October 2022, after Meta, their parent company, was designated an extremist organisation for permitting criticism of Russia's invasion of Ukraine. In 2023, Meta was compelled to cancel the launch of WhatsApp Channels in Russia due to threats from the Federal Service for Supervision of Communications, Information Technology, and Mass Media (Roskomnadzor). Furthermore, authorities have intensified efforts to block circumvention tools, such as VPNs, and by November 2023, eight of the 15 most popular VPN service domains had been blocked.
Coverage Social media and VPNs
RUSSIA
Since January 2021
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Federal Law No. 482-FZ "On Amendments to the Federal Law on Enforcement Actions Regarding Persons Involved in Violations of Fundamental Human Rights and Freedoms and the Rights and Freedoms of the Russian Federation Citizens"
Federal Law No. 482-FZ allows the Federal Service for Supervision of Communications, Information Technology, and Mass Media (Roskomnadzor) to block a digital platform either partly or in full if this platform restricts the distribution of content from Russian state media outlets. It is reported that the law was adopted in response to complaints from Russian state-owned media that foreign internet portals such as Twitter, Facebook, and YouTube were censoring their accounts.
Coverage Websites, digital platforms
RUSSIA
Since November 2017, as amended in January 2018
Since February 2017
Since February 2017
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Federal Law No. 241-FZ "On Amendments to Articles 10.1 and 15.4 of the Federal Law "On Data, Information Technologies and Data Security"
Federal Law No. 18-FZ "On Amendments to the Code of the Russian Federation on Administrative offences"
Federal Law No. 18-FZ "On Amendments to the Code of the Russian Federation on Administrative offences"
According to the amendments introduced by Law No. 241-FZ, ISPs are required, within 24 hours from the moment of receipt of the relevant request from the Federal Service for Supervision of Communications, Information Technology, and Mass Media (Roskomnadzor), to restrict the ability of the user of the instant messaging service specified in this requirement to transfer electronic messages containing information, the dissemination of which is prohibited in the Russian Federation, as well as information disseminated in violation the requirements of the legislation of the Russian Federation. The ISPs that fail to meet this requirement can be blocked by the authorities.
According to the Art. 13.34 of the Administrative Offences Code (introduced in 2017), ISPs that do not block banned sites according to the information received from state regulator Roskomnadzor will be required to pay between 100,000-500,000 Rubles (approx. 1600 USD - 8500 USD) penalty. The officials of those legal entities (ISPs) will face fines of 5,000-30,000 Rubles (approx. 85 USD - 500 USD) for failing to implement Roskomnadzor’s instructions. If the actions are repeated during the year, the amount of penalties will be 30,000-50,000 Rubles (approx. 500 USD - 850 USD) for officials and 500,000-800,000 Rubles (approx. 8500 USD - 13500 USD) for ISPs.
According to the Art. 13.34 of the Administrative Offences Code (introduced in 2017), ISPs that do not block banned sites according to the information received from state regulator Roskomnadzor will be required to pay between 100,000-500,000 Rubles (approx. 1600 USD - 8500 USD) penalty. The officials of those legal entities (ISPs) will face fines of 5,000-30,000 Rubles (approx. 85 USD - 500 USD) for failing to implement Roskomnadzor’s instructions. If the actions are repeated during the year, the amount of penalties will be 30,000-50,000 Rubles (approx. 500 USD - 850 USD) for officials and 500,000-800,000 Rubles (approx. 8500 USD - 13500 USD) for ISPs.
Coverage Instant messaging services
Sources
- https://web.archive.org/web/20230208172202/http://www.consultant.ru/document/cons_doc_LAW_221183/
- https://web.archive.org/web/20210329215300/http://www.loc.gov/law/foreign-news/article/russia-new-legislation-restricts-anonymity-of-internet-users/
- https://web.archive.org/web/20221012235608/http://www.ewdn.com/2017/02/16/russian-lawmakers-increase-pressure-on-internet-providers-to-block-banned-sites-but-users-may-still-bypass-the-law/
- https://web.archive.org/web/20211025203258/https://tass.ru/politika/4023753
- https://web.archive.org/web/20231004100615/http://www.consultant.ru/document/cons_doc_LAW_213154/3d0cac60971a511280cbba229d9b6329c07731f7/#dst100010
- https://web.archive.org/web/20230328203226/http://www.consultant.ru/document/cons_doc_LAW_34661/6fa1460fbced889b0579f2c2c69a23033221123b/
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RUSSIA
Since July 2022
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Federal Law No. 277-FZ "On Amending Certain Legislative Acts of the Russian Federation"
Federal Law No. 277-FZ grants the Prosecutor General the authority to prohibit the operations of foreign media in Russia in response to 'hostile decisions against Russian media abroad.' The law also empowers authorities to revoke media licenses for disseminating unlawful, harmful, or unreliable socially significant information, as well as information that expresses explicit disrespect for society, the state, or the constitution, or that seeks to discredit the Russian armed forces in connection with anti-Russian sanctions.
Under the provisions of this law, a media license may be suspended for three months following an initial violation and for six months in the case of repeated violations. However, the license can be reinstated prematurely if the disseminated false information is removed, subject to a corresponding decision by the Federal Service for Supervision of Communications, Information Technology, and Mass Media (Roskomnadzor).
Under the provisions of this law, a media license may be suspended for three months following an initial violation and for six months in the case of repeated violations. However, the license can be reinstated prematurely if the disseminated false information is removed, subject to a corresponding decision by the Federal Service for Supervision of Communications, Information Technology, and Mass Media (Roskomnadzor).
Coverage Media sector
RUSSIA
Reported in 2024
Pillar Content access |
Indicator Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 3 in Russia for the year 2023. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."
Coverage Horizontal
RUSSIA
Since April 2011
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Federal Law No. 128-FZ “On Licensing Specific Types of Activity” (Федеральный закон "О лицензировании отдельных видов деятельности" от 08.08.2001 N 128-ФЗ)
According to Art. 12 of Federal Law No. 128-FZ, companies need to acquire a license in order to be engaged in distributing encryption facilities, maintaining encryption facilities, providing encryption services, and developing and manufacturing encryption facilities protected by means of encryption.
Coverage Encryption services
RUSSIA
Reported in 2021, last reported in 2023
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Pre-installation requirement
It is reported that in December 2019, the State mandated the pre-installation of Russian software on certain consumer electronic products, such as smartphones, computers, tablets, and smart TVs, sold in Russia. By late December 2020, the Russian Government had finalised a list of 16 software categories requiring pre-installation, leaving technology companies with limited time to conduct necessary compatibility tests before the April 2021 implementation date. Additionally, in December 2020, the Russian Parliament introduced a requirement that pre-installed browsers must default to a Russian or other EAEU member state search engine, thereby reducing consumer choice.
Coverage Certain consumer electronic products including smartphones, computers, tablets, and smart TVs
RUSSIA
Since August 2012
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Decision No. 134 of Eurasian Economic Commission Board "On Single list of goods subject to prohibitions or restrictions on import or export by the Customs Union member states within the EurAsEC when trading with third countries and Provisions on application of restrictions"
In 2012, Russia revised regulations concerning licenses for distributing encryption products, extending licensing requirements to consumer electronic products that previously did not require such licenses. This change now necessitates an activity license for distributing encryption products, which indirectly adds burdens to their importation process. According to Decision No. 134 of the Eurasian Economic Commission (2012), licensing procedures are applied to the importation of certain digital goods to the Eurasian Economic Union, including Russia. These digital goods include (i) Civil radio-electronic equipment and/or high-frequency devices, including those that are built-in or form a part of other goods; (ii) Special hardware meant for secret information acquisition; (iii) Encryption devices.
Coverage Encryption devices, radio-electronic equipment, special hardware
RUSSIA
Since April 2015
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Decision No. 30 of the Eurasian Economic Commission Board "On Measures of Non-tariff regulation" (Решение Коллегии Евразийской экономической комиссии от 21 апреля 2015 г. N 30 "О мерах нетарифного регулирования")
It is reported that the Russian Government had established barriers to importing telecommunication equipment that incorporates encryption technology (encryption products) in accordance with Annex 9 of the Decision No. 30 of the Eurasian Economic Commission. Despite commitments under the WTO to permit the importation of "mass market" consumer electronics without needing an import license or other customs formalities apart from import duties, Russia now mandates, at a minimum, a one-time notification or, for products with strong encryption, permission from security services, in addition to an import license. These requirements significantly escalate import costs and frequently prevent imports altogether. Moreover, under Government Resolution No. 313 (April 16, 2013), as amended, Russia also mandates an activity license for distributing encryption products, including numerous commonplace consumer electronics, further restricting access to the Russian market for exporters.
Coverage Telecommunication equipment that incorporates encryption technology
RUSSIA
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of safe harbour for activities other than copyright infringement
While there is a safe harbour for copyright infringement under Federal Law No. 187-FZ, "On Amendments to Certain Legislative Acts of the Russian Federation on the Protection of Intellectual Property Rights in Information and Telecommunication Networks", the country lacks a safe harbour for activities beyond copyright infringement. According to Art. 13.34 of Federal Law No. 18-FZ, "On Amendments to the Code of the Russian Federation on Administrative Offences" (introduced in 2017), ISPs that fail to block banned sites as instructed by the Federal Service for Supervision of Communications, Information Technology, and Mass Media (Roskomnadzor) are liable to fines ranging from RUB 100,000 to RUB 500,000 (approx. USD 1,600 – USD 8,500). Officials of these legal entities (ISPs) face fines between RUB 5,000 and RUB 30,000 (approx. USD 85 – USD 500) for non-compliance with Roskomnadzor’s directives. If such violations are repeated within a year, penalties increase to RUB 30,000–RUB 50,000 (approx. USD 500 – USD 850) for officials and RUB 500,000–RUB 800,000 (approx. USD 8,500 – USD 13,500) for ISPs.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20230128172750/http://www.consultant.ru/document/cons_doc_LAW_213154/3d0cac60971a511280cbba229d9b6329c07731f7/#dst100010
- https://web.archive.org/web/20230328203226/http://www.consultant.ru/document/cons_doc_LAW_34661/6fa1460fbced889b0579f2c2c69a23033221123b/
- https://web.archive.org/web/20221012235608/http://www.ewdn.com/2017/02/16/russian-lawmakers-increase-pressure-on-internet-providers-to-block-banned-sites-but-users-may-still-bypass-the-law/
- https://web.archive.org/web/20211025203258/https://tass.ru/politika/4023753
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