Dairy companies can get a certificate of force majeure due to the pandemic

Источник: The DairyNews
In the conditions of taken restrictive measures in order to combat the spread of COVID-19, many dairy companies had to partially or completely abandon export operations, in connection with which the fulfillment of their obligations under contracts was under threat, which in turn stimulated the "demand" for issuing certificates of force majeure, reported in the press service of the Russian Union of dairy industry enterprises to the DairyNews.

Evidence of force majeure circumstances occurring on the territory of Russia by issuing certificates of force majeure in respect of foreign trade transactions is the exclusive competence of the CCI of the Russian Federation (sub-paragraph "n" paragraph 3 of article 15 of the Law of the Russian Federation dated 7 July 1993 No 5340-I "About Chambers of Commerce and Industry in the Russian Federation", paragraph 2.1-2.2 of the Regulations on the procedure for witnessing the CCI of force majeure).

Issuing certificates of force majeure on foreign trade transactions by Chambers of Commerce and Industry is a worldwide practice. The website of the CCI of the Russian Federation contains information about where and how to apply for such certificates abroad, in particular, how the process of issuing these documents is organized in different countries, including China.

Based on a certificate issued by the CCI of Russia on the circumstances of force majeure, a party to a foreign trade contract is released from liability for non-performance or improper performance of its contractual obligations in connection with the occurrence of force majeure. Registration of a certificate of evidence of force majeure is the exclusive competence of the Russian Chamber of Commerce and Industry.

Despite the fact that the law on Chambers of Commerce and Industry does not provide powers for evidence of force majeure for domestic transactions – there is information only about foreign trade contracts, the CCI was requested to provide confirmation of the circumstances of force majeure, and internal contracts (Protocol of the Government Commission on sustained development of the Russian economy dated March 20, 2020 No. 3). Moreover, the Chamber organized this work. In addition to the CCI, the relevant powers to review applications and issue opinions on force majeure under internal contracts were transferred to the chambers of the Russian Federation's constituent entities - until September 1, 2020 (only in connection with the pandemic).

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