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THE CORRECT POA IS A KEYSTONE TO GET THE FSS NOTIFICATION

THE CORRECT POA IS A KEYSTONE TO GET THE FSS NOTIFICATION


Posted on Dec 20 Legal Tips

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How many mistakes can be done while applying for FSS Notification? 



Products that have encryption features require FSS (Federal Security Service) approval that is called FSS notification. All products that must be approved through FSS mentioned in the List of encryption means (article 2.19 of the «Non-tariff regulated product list»).
FSS notification is valid in all countries of the Customs Union (CU) and mandatory for the successful importing of the product. Note that it is required also when samples are imported for testing to get the  EAC Certificate / Declaration , RFC Conclusion and FAC Certificate /Declaration.
The producer should have an applicant company that is a resident of CU that could apply for the FSS notification. The main document that should be prepared is the PoA (Power of Attorney) for the applicant that should be notarized and legalized in the country of the producer.
You can find the main requirements for the FSS Notification and PoA on our website.

In this article we are going to point out some of the mistakes that are made during PoA preparation that may cause the FSS negative decision.

  • The POA doesn’t have a date of issue and reference number 

If reference numbers are not used, it can be set as “no ref.”

  • The right of the person signing the PoA is not confirmed.

The notary public attesting the signature, stamp and signatory's right to sign the PoA have special notary phrases to confirm it. The Notary Public should write next text (it may differ depending on a country):

“This Power of Attorney was signed in my presence by Mr/Ms. (Signatory name)
within his/her capacity for signing this document on behalf of the company
(Company name) and sealed by the stamp of the company (Company name).”

In some countries notary publics cannot attest the right to sign a document. In this case, a company register or copy of the charter document can be used. It should be joined to the PoA, notarized and legalized (apostilled) with it. 

  •  The name and position of the person signing the PoA are not specified under the signature.

The signature is complemented by the stamp of the company (if available). If the signature of the person is represented by personnel stamp (e.g.in Korea, Japan, China) it is better to add a handwritten signature as well.

  • If there is a Notary Certification it should be on the Notary company’s form (not of the producer’s).
  • The PoA should be translated into the Russian language accurately.
All stamps and legalization information should be translated as well. The translation of the PoA should be notarized.

Application

When the applicant company signs the application for the FSS notification the right of the signing person should be confirmed. It is better the CEO of the applicant company to sign the required documents.

Bonus Information!

NON-HAGUE APOSTILLE MEMBER COUNTRIES
Certifying and legalizing documents for countries who are non-members of the Hague Apostille Convention (5.10.1961) require additional steps. These additional steps include: the Ministry of Foreign Affairs (MFA) autification; the Russian Ministry of Justice (MoJ) legalization of the notary signature; the designated official signature and MoJ seal legalization by the Consular Department of Russian MFA. In cases when there is no Consular Department of Russian MFA in the country or region of the producer a Consular in other countries could be used.

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To avoid mistakes and reduce risks of the negative FSS decision on the Notification it is essential to develop and legalize the PoA correctly. Once you apply for the Notification you have to wait the decision of the FSS. If the decision is negative the producer should correct mistakes and to start new application process.

The conclusion: spend the time to make a correct PoA and save it while getting the FSS notification approval.

By Amina Tarchokova

Key Account Manager





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