News

Force majeure. Certificates of the Chamber of Commerce and Industry of the Russian Federation as verification

Earthquakes, floods, fires and other forms of force majeure have always posed a risk to business. However, businesspeople have generally not considered the likelihood of such events to be high, so force majeure clauses have often been either absent from contracts or kept as general as possible. In recent years, however, the risks of force majeure have increased significantly – for example, the imposition of a nationwide quarantine is no longer a pipe dream, nor is the occurrence of other circumstances or the imposition of other measures that affect the largest possible group of people.

In our practice we use the force majeure clause of the International Chamber of Commerce (ICC) with unique modifications, which we have developed based on our more than 15 years of experience in foreign trade and which are necessary for the realities of Russian business and foreign trade transactions with Russian counterparts. However, there are still more than enough questions regarding the provisions on force majeure. One of them is how to confirm the occurrence of such circumstances and what role the Chamber of Commerce and Industry of the Russian Federation plays in this regard.

The Chamber of Commerce and Industry of the Russian Federation shall certify the existence of a case of force majeure and issue an appropriate certificate or opinion on its existence in accordance with the provisions of the following laws and regulations:

• foreign trade transactions and international contracts of the Russian Federation in connection with events occurring on the territory of the Russian Federation;

• contracts concluded in the course of domestic economic activity.

These provisions are largely consistent, for example, with respect to the list of circumstances of force majeure (natural disasters, epidemics, fires, etc.) and the list of business risks that do not constitute force majeure (failure of the debtor’s counterparties to perform their obligations, lack of goods on the market necessary for performance of the obligations, lack of necessary funds of the debtor, etc.). The existence of force majeure is confirmed by a certificate of force majeure (for FEA transactions) or a statement by the Chamber of Commerce and Industry of the Russian Federation. 

Procedure

1. Filing a claim with the Chamber of Commerce and Industry of the Russian Federation.

1.1. The claimant (i.e. the party claiming impossibility of performance) submits a claim to the Chamber of Commerce and Industry of the Russian Federation. The form and a sample of the application are available on the website of the Chamber of Commerce and Industry of the Russian Federation.

The application must include the following information: 

• the subject of the contract;

• the obligation breached as a result of force majeure;

• the duration of the breached obligation;

• the occurrence of the circumstance that could not be foreseen after the conclusion of the contract and evidence of its occurrence;

• a description of the causal link between the circumstance and the impossibility of fulfilling the obligation;

• reference to the force majeure clause contained in the contract, etc.

1.2. In addition, documents must be submitted, the full list of which is contained in the Regulations on Force Majeure issued by the Chamber of Commerce and Industry of the Russian Federation (contract with annexes, current extract from the Unified State Register of Legal Entities for the applicant, copy of the Articles of Association, etc.). The documents and information must be submitted in the form of copies certified by the sole executive body of the applicant (e.g. the general director) or a person authorised by the applicant on the basis of a power of attorney.

The applicant should be very careful when preparing the application and the attached documents – failure to provide the information and/or documents required by the regulations will result in a justified refusal by the Russian Chamber of Commerce and Industry to issue the certificate or document.

2. Application, examination of the application and decision of the Chamber of Commerce and Industry of the Russian Federation.

2.1. The application may be submitted both in writing to the address indicated on the website of the Chamber of Commerce and Industry of the Russian Federation and via the UKEP of the head of the organisation/EI in the electronic cabinet on the website of the Chamber of Commerce and Industry of the Russian Federation. 

2.2. Upon receipt of the application with all required documents and confirmation of payment of the application fee in the amount of 19.400 rubles (current rate as of February 2025), the Chamber of Commerce and Industry of the Russian Federation shall consider the application within 10 working days (the term may be extended by another 10 working days), and the Chamber of Commerce and Industry of the Russian Federation may request additional information/documents.

2.3. After examination, the CCI of the Russian Federation shall either issue a certificate of force majeure or refuse to issue such a certificate in writing, stating the reasons.

It should be noted that the issuance of a certificate/opinion does not automatically mean that the circumstances of force majeure are recognised as such by the court – the certificate/opinion is subject to the court's assessment within the framework of the examination of the specific circumstances of the case. However, it should be noted that such a document in itself is a very strong argument in favour of the party submitting it and increases its chances of success.

The lawyers at MAGENTA Legal have extensive experience in providing legal advice on the occurrence of force majeure and the possibility of applying the force majeure clause in certain situations. MAGENTA Legal assists its clients in the preparation of applications and appeals to the Chamber of Commerce and Industry of the Russian Federation, as well as in other court proceedings related to non-fulfilment of obligations due to force majeure.

Check out our Telegram channel for more useful articles and the latest news.