ORDER OF THE MINISTRY OF INDUSTRY AND TRADE OF THE RUSSIAN FEDERATION

of February 28, 2019 No. 565

About approval of procedure for monitoring and control of execution by investors of obligations under the special investment contracts signed with them and the report forms represented by investors

According to part 4 of article 16 of the Federal Law of December 31, 2014 No. 488-FZ "About industrial policy in the Russian Federation" (The Russian Federation Code, 2015, No. 1, Art. 41; No. 29, Art. 4342; 2016, No. 27, Art. 4298; 2018, No. 1, Art. 70; No. 27, the Art. 3943), subitem 5.21 (12) Item 5 of the Regulations on the Ministry of Industry and Trade of the Russian Federation approved by the order of the Government of the Russian Federation of June 5, 2008 No. 438 "About the Ministry of Industry and Trade of the Russian Federation" (The Russian Federation Code, 2008, No. 24, Art. 2868; No. 42, Art. 4825; No. 46, Art. 5337; 2009, No. 3, Art. 378; No. 6, Art. 738; No. 11, Art. 1316; No. 25, Art. 3065; No. 26, Art. 3197; No. 33, Art. 4088; 2010, No. 6, Art. 649; No. 9, Art. 960; No. 24, Art. 3039; No. 26, Art. 3350; No. 31, Art. 4251; No. 35, Art. 4574, Art. 4575; No. 45, Art. 5854; 2011, No. 14, Art. 1935; No. 43, Art. 6079; No. 46, Art. 6523; No. 47, Art. 6653, Art. 6662; 2012, No. 1, Art. 192; No. 37, Art. 5001; No. 43, Art. 5874, Art. 5886; 2013, No. 16, Art. 1966; No. 23, Art. 2909; No. 33, Art. 4386; No. 38, Art. 4817; No. 45, Art. 5822; 2014; No. 9, Art. 923; No. 16, Art. 1897; No. 37, Art. 4961; 2015, No. 1, Art. 279; No. 2, Art. 491; No. 5, Art. 821; No. 14, Art. 2118; No. 23, Art. 3334; No. 26, Art. 3901; No. 27, Art. 4080; No. 40, Art. 5563; No. 44, Art. 6136; No. 49, Art. 6976; No. 51, Art. 7352; 2016, No. 2, Art. 325; No. 13, Art. 1828; No. 26, Art. 4066; No. 28, Art. 4741; No. 32, Art. 5122; No. 41, Art. 5828; No. 42, Art. 5929; 2017, No. 8, Art. 1250; No. 23, Art. 3343; No. 36, Art. 5436; No. 52, Art. 8142; 2018, No. 8, Art. 1201; No. 17, Art. 2495; No. 25, Art. 3688; No. 36, the Art. 5633), Articles 3, 4, 9 Standard forms of the special investment contract for separate industries approved by the order of the Government of the Russian Federation of July 16, 2015 No. 708 "About special investment contracts for separate industries" (The Russian Federation Code, 2015, No. 30, Art. 4587; 2017, No. 1, Art. 220; No. 52, Art. 8142; 2018, to No. 32, of the Art. 5351), I order:

1. Approve enclosed:

procedure for monitoring and control of execution by investors of obligations under the special investment contracts signed with them;

report form about execution by the investor of obligations assumed under the special investment contract providing creation or upgrade and (or) development of production of industrial output including under the special investment contract providing development of the production of the industrial output carried to the industrial output which does not have the analogs made in the Russian Federation, represented by the investor for the accounting periods specified in the special investment contract;

report form about execution by the investor of obligations assumed under the special investment contract providing implementation of the best available technologies, represented by the investor for the accounting periods specified in the special investment contract;

report form about results of implementation of the investment project under the special investment contract providing creation or upgrade and (or) development of production of industrial output including under the special investment contract providing development of the production of the industrial output carried to the industrial output which does not have the analogs made in the Russian Federation, represented by the investor upon termination of effective period of the special investment contract;

report form about results of implementation of the investment project under the special investment contract providing implementation of the best available technologies represented by the investor upon termination of effective period of the special investment contract.

2. Declare invalid the order of the Ministry of Industry and Trade of the Russian Federation of August 7, 2015 No. 2289 "About approval of the Procedure for monitoring and control of execution by investors of obligations under the special investment contracts signed with them and the report forms represented by investors" (registration No. 39196) is registered in the Ministry of Justice of the Russian Federation on October 7, 2015.

3. To impose control of execution of this order on the deputy minister Osmakov V. S.

Approved by the Order of the Ministry of Industry and Trade of the Russian Federation of February 28, 2019, No. 565

Procedure for monitoring and control of execution by investors of obligations under the special investment contracts signed with them

I. General provisions

1. This procedure establishes rules of implementation by the Ministry of Industry and Trade of the Russian Federation (further - the Ministry) monitoring and control of execution by investors of obligations under the special investment contracts signed with them, including behind obligation fulfillment of the involved persons (in case of their attraction) specified in Item 8 of Rules of the conclusion of the special investment contracts approved by the order of the Government of the Russian Federation of July 16, 2015 No. 708 "About special investment contracts for separate industries" (The Russian Federation Code, 2015, No. 30, Art. 4587; 2017, No. 1, Art. 220; No. 52, Art. 8142; 2018, No. 32, the Art. 5351) (further - the investor, the involved persons, Edited obligations assumed under the special investment contract).

This Procedure does not extend to the special investment contracts signed by subjects of the Russian Federation and (or) municipalities without participation of the Russian Federation and also to the special investment contracts signed on behalf of the Russian Federation by other federal executive bodies authorized by the Government of the Russian Federation on the conclusion of special investment contracts for industries.

2. If the parties of the special investment contract along with the Russian Federation are the subject of the Russian Federation and (or) the municipality, authorized body of the government of the subject of the Russian Federation and (or) authorized body of the municipality (further - authorized bodies of the subject of the Russian Federation and (or) the municipality) and their officials participate in control of execution by investors of obligations assumed under special investment contracts according to Items 18 - 25 presents About.

3. Data on authorized bodies of the subject of the Russian Federation and (or) the municipality are represented within 15 working days from the date of the conclusion of the special investment contract to the Ministry by the public authority of the subject of the Russian Federation which signed the special investment contract on behalf of the subject of the Russian Federation or the local government body which signed the special investment contract on behalf of the municipality.

II. Monitoring of execution by investors of obligations assumed under special investment contracts

4. Monitoring of execution by investors of obligations assumed under special investment contracts (further - monitoring), is carried out by the Ministry after the first half of the year of each calendar year (further - the monitoring period) during all effective period of the special investment contract.

5. Monitoring is carried out for the purpose of proper execution by investors, including the involved persons (in case of their attraction) obligations assumed under the special investment contract.

Monitoring includes collection, generalization, systematization and accounting of information on course of execution of the specified obligations, including concerning the schedule of investment (expenditure) of means by years, the scheduled plan of implementation of the investment project by years, the list of production and technological operations on production of industrial output.

If the special investment contract is signed according to the order of the Government of the Russian Federation of July 16, 2015 No. 708 "About special investment contracts for separate industries" (in edition of July 16, 2015 and of December 27, 2016), monitoring is carried out for the purpose of proper execution by investors, including the involved persons, obligations assumed under the special investment contract and includes collection, generalization, systematization and accounting of information on course of execution of the specified obligations, including concerning the business plan of the investment project, the schedule of accomplishment of production and technological operations on production of industrial output.

6. Monitoring is performed by the Ministry based on information on execution by the investor of obligations assumed under the special investment contract represented by the investor within 10 working days from the date of the end of the period of monitoring. The recommended model of representation by the investor of the specified information is given in appendix to this Procedure. Information can be provided by the investor in the Ministry electronically by means of the state information system of the industry.

7. The ministry within 30 working days after obtaining from the investor of information specified in Item 6 of this Procedure:

a) registers the provided information on execution by the investor of obligations assumed under the special investment contract in the special magazine which shall be strung together, numbered and under seal the Ministries (in case of receipt of the specified information on paper), or in the state information system of the industry (in case of submission of information electronically);

b) performs generalization, systematization and accounting of information on course of execution by the investor of obligations assumed under the special investment contract provided by the investor and notifies the investor on results of implementation of monitoring.

8. Providing Minpromtorg of Russia with the current information on the course of implementation of the investment project performed within the special investment contract is result of implementation of monitoring.

Following the results of carrying out monitoring by the Ministry to the investor the letter containing data on consideration of information provided by the investor for the purpose of carrying out monitoring is sent.

III. Control of execution by investors of obligations assumed under special investment contracts

9. Control of execution by investors of obligations assumed under the special investment contract (further - control), is performed by the Ministry with participation of authorized bodies of the subject of the Russian Federation and (or) the municipality if along with the Russian Federation the parties of the special investment contract are the subject of the Russian Federation and (or) the municipality, by assessment of intermediate and final results in case of implementation of investment projects.

10. During control it is checked:

a) execution by investors, and also the involved persons (in case of their attraction) obligations assumed under the special investment contract;

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