IDEffective Insolvency and Creditor Rights Systems
According to several reports issued by the European Bank for Reconstruction and Development (EBRD), Russia's insolvency regime has undergone significant reforms in recent years, with a number of new laws or amendments taking effect in 2008 and 2009. Authors R. Harmer and N. Cooper, consultants to the EBRD's 2003 Insolvency Laws Assessment Project, reviewed the content of the Russian insolvency law at that time - but not its practical implementation - and assigned a rating of "medium compliance" with international standards for effective insolvency and creditor rights systems. The EBRD's 2010 report, citing the results of a 2009 Insolvency Laws Assessment, reaffirms that rating, and observes that the May 2009 amendment of the Law on Insolvency should qualify Russia for a significant rating improvement. Nevertheless, the EBRD stresses that Russia still needs to make improvements in the area of implementation and enforcement. Despite the adoption of the new law, several areas still fall short of the international best practices. Filing requirements need to be changed to permit debtors to initiate proceedings early, and there should be a review of current prohibitions against opening a case when the debtor lacks the funds to meet administration costs. Stronger restraints on creditor actions are also required, and the provisions regarding disclosure of debtor assets and governing reorganization plans remain inadequate. Finally, the EBRD calls for improvements to the provisions that govern cross-border insolvencies. The Russian system, requiring that insolvency office holders such as trustees and administrators be members of a self-regulating organization, is found to raise potential problems, given that there are no generally recognized standards regarding the powers allocated to such organizations. The EBRD's 2010 report calls for greater rigidity in the licensing and regulatory system governing such office holders.
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IDInternational Financial Reporting Standards
In 1998, the Russian government designated International Financial Reporting Standards (IFRSs) as the main instrument for accounting reform. In July 2004, the Ministry of Finance (MoF) announced detailed plans for IFRS adoption in a paper entitled “Concept of Mid-Term Development of Accounting and Financial Reporting in the Russian Federation for the period 2004 - 2010.” According to the Concept, the two main directions of accounting reform in Russia entailed gradual introduction of IFRSs for consolidated accounts of different types of companies and elimination of differences between Russian standards and IFRSs. At the time of writing of this report, the planned IFRS adoption had not been implemented. A 2010 PricewaterhouseCoopers publication on IFRS convergence notes that IFRSs are, however, permitted in preparation of consolidated accounts of listed companies. Further, commercial banks are required to use IFRSs in preparation of annual standalone financial statements in addition to accounts prepared under Russian Generally Accepted Accounting Principles (GAAP). Publicly available information does not indicate any requirements to use IFRSs for preparation of consolidated accounts for banks. In general, sources on the subject point out that progress towards harmonization has been slow and Russian accounting standards remain a “summarized” version of the corresponding IFRSs. A 2010 IMF report attributes the delay in convergence, primarily, to the emphasis on compliance with tax requirements. Earlier, Howard Gethin in his 2006 article "Russia's Road to IFRS" noted that progress in accounting reform had been limited and a number of important laws, including the Federal Law on Accounting and the Federal Law on Consolidated Fincial Statements, were stalled in the Duma (Russian Parliament). It was anticipated that the law on consolidation will define the timing for the transition to IFRSs for different types of companies in Russia. As of January 2010, in an update provided in the Russian Collegium of Auditors Action Plan, the draft Law on Accounting had undergone a third reading and was still pending Duma approval. As for the Law on consolidation, as of May 2010, there is no indication that it has been finally approved.
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ENPrinciples of Corporate Governance
In 2004, the EBRD Corporate Governance Sector Assessment concluded that Russian corporate governance legislation was in "high compliance" with the Organization for Economic Cooperation and Development (OECD) Principles of Corporate Governance. These results, as reported in the EBRD 2009 Country Strategy report, were reiterated in a 2007 EBRD evaluation on the corporate governance related “laws on the books.” In addition to the law on the books, in 2002, the securities market regulator issued a Code of Corporate Governance Conduct, which is voluntary and is implemented on a "comply or explain" basis. The Code is based on the OECD principles of corporate governance. A 2010 draft law amending the Law on Joint Stock companies will introduce restrictions for cross holding of a company through its subsidiary structures. However, various sources point out that corruption and lack of corporate transparency pose significant challenges in Russia. In addition, a number of reports indicate that shareowner rights are not effectively implemented and that law enforcement remains inconsistent. There is also increasing state intervention in businesses further impeding implementation of shareholders rights. A 2004 Institute of International Finance report noted that equity culture in Russia has historically been weak, undermining minority shareholders' rights and called for a significant reform of the court system to secure minority shareholders' rights.
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IDInternational Standards on Auditing
The adoption of the Law on Audit in 2001, according to a 2006 article by Krikunov, was a major step towards achieving compliance with international auditing practices as it was the first piece of legislation to provide a legal foundation for auditing in Russia. Following the introduction of the law, the Russian Government, with the assistance of international organizations, has been issuing Russian Standards on Auditing (RSAs) which are based on the International Standards on Auditing (ISAs). However, as mentioned in a 2008 publication by Novikova, significant differences remain as the Russian standards are based on the older version of ISAs and there has been a considerable time lag in adoption of the new and revised international standards. In November 2006, the MoF released a road map titled "Bringing Federal Rules (Standards) on Auditing Activity in Compliance with International Standards on Auditing." The road map specified a timetable for the adoption of all ISAs as RSAs, including the incorporation of all subsequent revisions made to ISAs into Russian requirements. Per a 2010 Russian Collegium of Auditors Action Plan, in order to strengthen its commitment to ongoing convergence with ISAs, the Russian government approved a Federal Law on Auditing Activity in December 2008 requiring Russian standards to be established in line with ISAs. As of January 2010, 33 auditing standards had been approved. There is, however, no further information publicly available if the newly issued national standards are in line with the latest versions of ISAs as issued by the International Federation of Accountants.
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IDAnti-Money Laundering/Combating Terrorist Financing Standard
The Financial Action Task Force (FATF) conducted a joint mutual evaluation of Russia's Anti-Money Laundering and Combating the Financing of Terrorism (AML/CFT) system against the FATF's 40 recommendations (R) and 9 special recommendations (SR). The findings were published in a June 2008 FATF report, in which the assessors conclude that Russia is compliant with 10 FATF recommendations and special recommendations; largely compliant with 13; partially compliant with 21; non-compliant with 3; and two recommendations are not applicable to Russia. More importantly, Russia is adjudged only partially compliant with two recommendations designated as core by the FATF, namely, R 5 (on customer due diligence, CDD) and SR IV (on suspicious transactions reporting linked with terrorism). A country should achieve a largely compliant or compliant rating for the core recommendations to be deemed as having in place a proper functioning AML/CFT regime. According to the 2008 mutual evaluation, although Russia has in place a legal framework to criminalize money laundering and terrorist financing, there are several areas where Russia's AML/CFT regime could be enhanced. Perhaps the most notable weakness is in the country's CDD regime as Russian law lacks clarity and effectiveness regarding beneficial ownership and ongoing due diligence requirements. Although recent reports, such as a 2010 publication from the U.S. Department of State, indicate that Russia has been proactively pursuing changes to address its money laundering and terrorism financing issues, there is no publicly available source indicating that the country has rectified the deficiencies identified in the FATF report. The FATF, in its 2008-2009 Annual Report, names Russia as one of the jurisdictions that have endorsed the FATF's 40+9 recommendations.
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IICore Principles for Systemically Important Payment Systems
The CBR oversees several interbank payment systems, both CBR-operated and private. According to both a 2003 IMF report and a 2003 CBR report, the CBR payment system is a distributed gross settlement system, made up of 78 regional branches. Of these, 59 use centralized payment processing with the remaining 19 using a decentralized method. In July 2007, a real time gross settlement (RTGS) system was launched. This RTGS system, called the Banking Electronic Speed Payment (BESP), became fully operational in December 2007. Recent CBR documents suggest that the BESP is one part of the overall CBR payment system. As stated in an undated report by the CBR, the BESP is a federally centralized system that performs RTGS for all participants in all locations. The BESP operates in parallel with the intraregional electronic settlement systems (the VER) and the interregional electronic settlement systems (the MER), and it is functionally independent from these systems. In its 2003 Financial System Stability Assessment, the IMF noted that the Russian authorities had made considerable progress in creating a legal regime within which payment systems could operate. In its 2005 Financial Stability Review, the CBR reported that its RTGS system (the BESP) was, at the time, being developed on the basis of international best practices. Nevertheless, there is insufficient information publicly available regarding Russia's compliance with the Committee on Payment and Settlement Systems' Core Principles for Systemically Important Payment Systems.
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