Legal Purpose, Risk Stimulators, and Foreign Investment: A Comparative Legal Analysis of the American and Russian Experiences

Publication date
Monday, 21.01.2002

Authors
Haim Zaltzman

Annotation
We are pleased to post Mr. Haim Zaltsman's Master Thesis. An intern at IET in 2000-2001, Mr. Zaltsman contributed to some reserach and publications of the Institute. His Master Thesis highlights his unique experience in Russia.

Contents

PROLOGUE 3
CHAPTER ONE. INTRODUCTION 4
CHAPTER TWO. MAIN RISK STIMULATORS FOR FOREIGN CAPITAL INVESTORS 8
2.1 Relations Between Foreign Investors And Their Domestic Partners 9
2.2 Investor Relations with Government Bureaucracies and Organs 10
2.3 Capital Control and Corporate Governance Issues 11
2.4 The Common Legal Element 11
CHAPTER THREE. UNITED STATES REGULATORY LAW AND THE PROACTIVE MECHANISM 13
3.1: General Investment Principles 13
3.2 Agency-Specific Regulatory Law 14
3.2.1 FDA—Food and Drug Administration. 14
3.2.3. SEC—Securities and Exchange Commission. 16
3.2.4 EPA—Environmental Protection Agency. 17
3.2.5 United States Customs Services and the Bureau of Export Administration of the U.S. Department of Commerce. 18
CHAPTER FOUR. RUSSIAN INVESTMENT AND REGULATORY LAW 22
4.1 General laws that address foreign investment in Russia. 22
4.2 Agency-specific regulatory law. 26
4.2.1 The Central Bank of the Russian Federation. 26
4.2.2 Tax Service and Tax Police. 28
4.2.3 Fire Control Agency. 30
4.2.4 Epidemics and Sanitary Control Agency 31
4.2.5 Government Customs Commission (GTK). 33
CHAPTER FIVE. THE IMPACT OF INTERNATIONAL AGREEMENTS AND CONVENTIONS 36
CHAPTER SIX. CONCLUSION 38
BIBLIOGRAPHY 40

Notes

Project for the Academic Law University under the Institute of State and Law of the Russian Academy of Sciences
and the Institute for the Economy in Transition under the Russian Federation.

Funded by a Fulbright Grant from the U.S. Fulbright Program.

Adviser: Andrey G. Lessitsyn-Svetlanov

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