The legal status of special economic zone residents is determined in chapter No. 4 of the Federal Law of 22 June 2005, No. 116-FZ On Special Economic Zones in the Russian Federation.
Article 9. Resident of a special economic zone
2.2. A resident of a special economic port zone shall be a commercial organisation, with the exception of unitary enterprises, registered in compliance with the laws of the Russian Federation on the territory of the municipal district, within whose borders the special economic zone is located (on the territory of one municipal district if the special economic port zone is located on the territory of several municipal districts), and which has made agreements with the bodies managing the special economic zones on performing activities in the special economic port zone according to the terms and conditions provided for by this Federal Law.
3. A sole trader or commercial organization shall be recognised as residents of a special economic zone as of the date of making the appropriate entry in the register of residents of the special economic zone.
4. Special economic zones management bodies shall register residents of the special economic zone within three days of the date of signing with an agreement with them on performing industrial and production or technological and innovative and tourism and leisure activities at the special economic port zone.
Article 10. Procedure for performing business activities on the territory of the special economic zone
2.2. A resident of a special economic port zone shall be only entitled to exercise on the territory of the special economic zone port activities as well as in accordance with the agreement on performing activities in the special economic port zone regarding construction, reconstruction and use of the infrastructure objects of the sea port, river port and airport. For the purposes of this Federal Law, port activities shall be defined as the following activities performed on the territory of sea ports, river ports and airports:
1) lapsed;
2) storage of goods and other services usually provided in sea ports, river ports and airports in accordance with international agreements of the Russian Federation and the laws of the Russian Federation;
3) provision and equipping of ships or aircraft, including ship stores, aircraft stores, supplying of ships or aircraft;
4) production, repairs, maintenance, modernisation of sea and river vessels, aircraft, aviation technology, including aircraft engines and other component parts;
5) development of aquatic biological resources;
6) preparing goods for sale and transportation (packing, sorting, repacking, separation of goods, marking and other such operations);
7) simple assembly and other operations which do not significantly change the condition of the goods in accordance with the catalogue approved by the government of the Russian Federation;
8) commodity trade;
9) wholesale trade;
10) guarantee the functioning of special economic port zone infrastructure objects.
4. A resident of a special economic zone shall not be entitled to have branches and representative offices outside the territory of the special economic zone.
Article 31.11. Terms and conditions of performing activities in a special economic port zone
3. Performance of port activities by a special economic port zone resident is conditional on them guaranteeing to the customs authorities payment of customs duties as stipulated be the laws of the Russian Federation. Guarantee of customs duties and tax payments for performing port activities shall not be less than:
1) thirty million roubles for performing port activities related to warehousing any goods, their storage, wholesale or commodity trade, including excisable goods or raw materials;
2) ten million roubles for performing port activities related to warehousing goods which are not excisable or raw materials and to their storage, wholesale or commodity trade;
3) two and a half million roubles when performing other port activities.
Documents required for signing agreements on performing activities in the special economic port zone
Article 31.12.
1. An entity wishing to become a resident of a special economic port zone shall provide the management bodies of the special economic zone an application on concluding an agreement on performing activities in the special economic port zone, which shall contain:
1) information on the applicant's proposed business corresponding to the type of special economic zone;
2) information on the size of the land required for performing the applicant's proposed business;
3) information on the proposed capital investment, including the capital investment which shall be exercised in the course of the year from the day of concluding such an agreement;
4) information on acceptance by the customs authorities of guarantees for payment of customs duties and taxes, in cases as stated in article 31.11 of this Federal Law.
2. The applicant shall attach to the application for concluding agreements on performing activities in the special economic port zone:
1) a copy of the state registration certificate;
2) a copy of the certificate of registration with the tax authorities;
3) a copy of articles of association;
4) a business plan, whose form shall be established by the federal executive body authorised by the government of the Russian Federation;
5) favourable conclusion of the applicant's business plan, prepared by a bank or other credit organisation which comply with the criteria established by the federal executive body authorised by the government of the Russian Federation;
6) a copy of licences for performing activities that require licensing in accordance with the laws of the Russian Federation;
7) documents which confirm acceptance by the customs authorities of guarantees for payment of customs duties and taxes, in cases as stated in article 31.11 of this Federal Law.
3. Documents mentioned in parts 1 and 2 of this article are accepted by the special economic zones management bodies in accordance with the list. A copy of the list with a note on the date the documents were received by the special economic zones management bodies are sent or handed over to the applicant.
