7.4. Restrictions on Exports of High Technology Products. Rosatom Practice

Track: 7. Industry. Resources. Environment

Description

The Discussion Session is organized by The State Atomic Energy Corporation ROSATOM

It is an established practice in many countries to impose various legislative and regulatory conditions and requirements to foreign vendors’ access to national markets, including nuclear use markets. The purposes vary, at that, from public and environmental safety to national market and national manufacturers protection.

Such policies may be inconsistent with respective governments’ international obligations to provide for free trade and equality of treatment of national and foreign entities; however, sovereign rights for national security are usually excluded from such obligations. Thus, the respective provisions are explicitly set out in international agreements making the legal platform for the Eurasian Economic Union and the World Trade Organization.

Restrictions to some activities may be typical for any state and may be caused by intrinsic reasons. Thus, ensuring security and due protection of nuclear facilities under construction is a basic principle because of nuclear use specifics.

Moreover, there are some undeliberate historical legislative problems. E.g., equality of treatment does not provide for comfortable conditions for large infrastructure projects implementation, but, on the opposite, gives a considerable priority to environment protection.

Subsidies to national manufacturers, antitrust policies implementation and anti-dumping actions re effective ways to establish direct and indirect restrictions for national markets protection.

Moderator:

Andrey Popov

Director for Legal and Corporate Affairs and Property-related Issues - Director of the Department for Legal and Corporate Affairs, State Atomic Energy Corporation ‘Rosatom’

Speakers:

Sergey Babich

Legal and Corporate Affairs Director, Fuel Company TVEL


Biography

Sergey Babich is a Director for Legal and Corporate Affairs at JSC “TVEL” - one of the world’s major suppliers of the nuclear fuel and nuclear cycle products.

Education:

Moscow State Academy of Law named after O.E. Kutafin (2006, Degree in Law), International School of Nuclear Law, Montpellier University, France (2013, International Nuclear Law).

Professional experience:

ROSATOM State Atomic Energy Corporation (counsel, M&A and Project Division, Legal Department); Vegas-Lex LLC, Law Firm (Lawyer, Corporate and M&A Practice).

Specialist area, professional interests:

Nuclear project development, international law, M&A, litigation, civil law.

Achievements:

Solid experience in legal support of M&A transactions governed by Russian and foreign law.

Publications:

Various publications in Russian legal journals on civil law topics.

Marja-Leena Järvinen

Principal Advicor, Radiation and Nuclear Safety Authority of Finland (STUK)

Andrey Korolenko

Deputy Director for Legal Affairs and Corporate Development, ASE JSC EC

Marc Palay

Partner, SIDLEY AUSTIN LLP

Andrey Poptsov

Director for Legal and Corporate Affairs and Property-related Issues, Department for Legal and Corporate Affairs, State Atomic Energy Corporation 'Rosatom'

Andrey Shkarbanov

Adviser on International Legal Issues of the Analytical Department of the Legal and Corporate Department, State Nuclear Energy Corporation 'Rosatom'

Andrey Shlyakhtov

Director of Legal Department, JSC Techsnabexport


Биография

Andrey Shlyakhtov is Director for Legal Issues and Corporate Development, Head of Legal Department at JSC TENEX - one of the world’s major suppliers of the nuclear fuel cycle products.

Education

2004 – faculty of law in Russian State Tax Academy (now Financial University under the Russian Government); 2007 – Ph.D.; 2010 - Master of Laws (LL.M.) in American Business Law.

Professional experience

2002 - attorney at Russian Federal Tax Service; 2002-2005 - in-house counsel for Russian supplier of NPP’s industrial equipment; 2005 till now – senior counsel, head of division, director of Legal Department in JSC TENEX.

Specialist area, professional interests

Nuclear project development, international law, civil law.

Achievements

Comprehensive legal support of different projects in the field of international nuclear trade (both public and private law), projects on nuclear installation construction abroad; preparation and support of enactment of different Russian legal acts (tax, administrative and civil law), preparation of international intergovernmental agreements in nuclear field.

Publications

Various publications in Russian legal journals on civil law topics.


*This schedule may be subject to change