FEDERAL LAW OF THE RUSSIAN FEDERATION

of January 10, 2006 No. 16-FZ

About the Special economic zone in the Kaliningrad region and about modification of some legal acts of the Russian Federation

Accepted by the State Duma of the Russian Federation on December 23, 2005

Approved by Council of the Russian Federation on December 27, 2005

Chapter 1. General provisions

Article 1. Coverage of this Federal Law

This Federal Law governs the relations arising in connection with creation, functioning and the termination of functioning of the Special economic zone in the Kaliningrad region taking into account geopolitical provision of the Kaliningrad region for the purpose of acceleration of its social and economic development.

Article 2. The basic concepts used in this Federal Law

1. In this Federal Law the following basic concepts are used:

1) the Special economic zone in the Kaliningrad region (further - the Special economic zone) - the territory of the Kaliningrad region and the internal sea waters adjoining the territory of the Kaliningrad region and the territorial sea of the Russian Federation within which borders the special legal regime of implementation of economic, productive, investing and other activities is effective and also is applied customs procedure of free customs zone;

2) management of the Special economic zone - the activities of authorized body and activities of administration of the Special economic zone aimed respectively at providing action of special legal regime of the Special economic zone and providing the organization of its functioning;

3) authorized body - federal executive body, authorized to perform functions on management of special economic zones and providing action of special legal regime of the Special economic zone according to provisions of this Federal Law;

4) administration of the Special economic zone (further - administration) - the structural division of the supreme executive body of the Kaliningrad region providing the organization of functioning of the Special economic zone according to provisions of this Federal Law;

5) resident of the Special economic zone (further - resident) the legal entity conforming to requirements of this Federal Law and included in the unified register of residents of the Special economic zone (further - the register);

6) the investment declaration - the document containing data on sales terms of the investment project in the Special economic zone resident according to this Federal Law;

7) final consumption - use of goods as a result of which the goods completely lost the consumer properties and it became unsuitable for use for the intended purpose or there is impossible any use of these goods, its parts, components and materials, including owing to physical lack of goods, its parts, components and materials.

2. For the purposes of Chapters 3 and 3.1 of this Federal Law the concepts determined by the Customs code of the Eurasian Economic Union and other international treaties and acts constituting the right of the Eurasian Economic Union are used.

Article 3. Management of the Special economic zone

1. For the purpose of ensuring action of special legal regime of the Special economic zone the authorized body performs interaction with federal bodies of the government, and also coordination of interaction of administration and federal executive bodies in case of the solution of the questions concerning such providing.

2. The administration for the purpose of providing the organization of functioning of the Special economic zone performs the following functions:

1) maintaining the register according to the procedure and in form which are established by authorized body;

2) decision making about inclusion of legal entities in the register or about refusal in their inclusion in the register, decision making about exception of residents of the register according to this Federal Law;

3) submission to tax authorities and customs authorities of information on inclusion of legal entities in the register and about exception of residents of the register. Submission of such information to customs authority is performed electronically within information exchange in the automated mode without the direction of requests about submission of such information. The format and structure of submission of such information are established by authorized body in coordination with the federal executive body performing functions on development of state policy and normative legal regulation in the field of customs affairs;

4) control of observance by residents of conditions of investment declarations;

5) coordination of the changes made by resident to the investment declaration, and entering of such changes into the register;

6) forming of the offers on inclusion in the inventory which are not subject to the room under customs procedure of free customs zone;

7) protection of legitimate interests of residents in the relations with territorial authorities of federal executive bodies, public authorities of the Kaliningrad region, local government bodies in case of the solution of questions of implementation of investment projects;

8) submission of the annual report on results of functioning of the Special economic zone in the corresponding accounting year, the annual report on conducting checks of activities of residents according to the procedure and in form which are established by authorized body;

9) issue upon the demand of resident of the statement from the register;

10) approval of form of the investment declaration;

11) coordination of the list of the workplaces of the payer relating to new workplaces who affirms the payer prior to application concerning the physical persons occupied on new workplaces, the lowered rates of insurance premiums.

3. Position assignment of the head of administration and release from this position are performed by the management official of the Kaliningrad region.

Chapter 2. Residents

Article 4. Inclusion of legal entities in the register

1. The legal entity is subject to inclusion in the register in case of compliance to the following requirements:

1) the legal entity is created in accordance with the legislation of the Russian Federation;

2) state registration of the legal entity is performed in the Kaliningrad region;

3) production of goods is performed by the legal entity only in the territory of the Kaliningrad region;

4) investments are performed by the legal entity in the territory of the Kaliningrad region;

5) the investment project provided by the legal entity meets the requirements established by this Federal Law.

2. The legal entities applying special tax regimes which are stipulated by the legislation the Russian Federation about taxes and fees cannot be residents.

3. The financial organizations, including credit and insurance companies and professional participants of the security market cannot be residents.

4. The legal entity submits in writing in administration the application for inclusion of the legal entity in the register (further in parts 5-9 of this Article - the applicant) with appendix of the following documents:

1) the copy of constituent documents of the legal entity certified in accordance with the established procedure;

2) the copy of the document confirming the fact of entering of record about the legal entity into the Unified State Register of Legal Entities;

3) the certificate on registration in tax authority;

4) investment declaration.

4.1. If the documents specified in Items 2 and 3 of part 4 of this Article are not provided by the legal entity, on interdepartmental request of administration the federal executive body performing state registration of legal entities, physical persons as individual entrepreneurs and peasant farms provides the information confirming the fact of entering of information about the legal entity into the Unified State Register of Legal Entities, and the federal executive body performing functions on control and supervision of compliance with law about taxes and fees provides the information confirming the fact of statement of the legal entity on accounting in tax authority.

5. The administration establishes compliance of the documents enclosed to the application for inclusion of the applicant in the register, the list of the documents specified in part 4 of this Article, in time no more than three working days from the date of their submission to administration and sends in writing to the applicant one of the following notifications:

1) about adoption of the specified statement to consideration;

2) about refusal in adoption of the specified statement to consideration in case of non-presentation of the documents specified in Items 1 and (or) 4 of part 4 of this Article.

5.1. In time no more than thirty days from the date of the direction to the applicant of the notification on adoption of the statement specified in part 5 of this Article the administration takes cognizance of the decision on inclusion of the applicant in the register or on refusal in inclusion of the applicant in the register with indication of causes of failure and in day of adoption of this decision notifies the applicant on the made decision by the direction of the message of telecommunication respectively on subscriber number of network of mobile radiotelephone communication or the e-mail address which are specified by the applicant in the statement for inclusion of the legal entity in the register, and in time no more than from the date of decision making one of the following notifications sends three working days in writing to the applicant:

1) about decision making about inclusion of the applicant in the register with application of a copy of such decision;

2) about decision making about refusal in inclusion of the applicant in the register with application of a copy of such decision.

6. The decision on refusal in inclusion of the applicant in the register is made by administration only in case of non-compliance with the conditions of inclusion in the register provided by this Federal Law.

6.1. The decision on refusal in inclusion of the applicant in the register is drawn up by issue to the applicant of the specified decision.

7. The decision on inclusion of the applicant in the register is drawn up by issue to the applicant of the certificate on its inclusion in the register.

8. The applicant has the right to perform activities using special legal regime of the Special economic zone from the date of decision making about inclusion of the applicant in the register.

9. The decision on refusal in inclusion of the applicant in the register can be appealed by the applicant in Arbitration Court.

10. The following requirements are imposed to the investment projects realized by residents:

1) implementation of investment projects in the territory of the Kaliningrad region;

2) the investment project cannot be directed to the following purposes:

a) mining, rendering services in this area;

b) production of ethyl alcohol, alcoholic products, tobacco products manufacture and other excise goods (except for cars and motorcycles) according to the list approved by the Government of the Russian Federation;

c) wholesale and retail trade;

d) repair of household products and objects of private use;

e) financial activities;

e) production and distribution of electrical energy;

g) cession of property in lease, except for cessions of property in lease for implementation and ensuring production of the processing productions;

3) implementation of investments in the form of capital investments. The capital investments considered in case of cost determination of the investment project are investments into fixed capital (fixed assets), namely costs for implementation of design and exploration work, new construction, modernization, upgrade of fixed assets, reconstruction of buildings, acquisition of vehicles, machines, the equipment, tools, stock. Are not considered as capital investments in case of cost determination of the investment project property value transferred to the authorized capital of resident, purchase costs at residents or other persons of property which was in property of residents and to which the tax rate of the property tax of the organizations in the sizes established by Items 3 and 4 of article 385.1 of the Tax Code of the Russian Federation, purchase costs of cars, sports, tourist and pleasure crafts (except for purchase costs of sports, tourist and pleasure crafts the resident realizing the investment project in the field of tourist and recreational activities), purchase costs of the parcels of land, buildings and constructions, objects of construction in progress, and also purchase costs, construction and reconstruction of premises was applied earlier;

4) the amount of capital investments according to the provided investment project shall make at least than hundred fifty million rubles in the amount. In case of implementation of the investment project in the field of tourist and recreational activities, on creation of the processing production, and also in the field of fishery, fish breeding, agricultural industry the amount of capital investments according to the provided investment project shall make at least than fifty million rubles in the amount. In case of implementation of the investment project in the field of health care the amount of capital investments according to the provided investment project shall make at least than ten million rubles in the amount. In case of implementation of the investment project in the field of development of computer technologies and creation of the software, rendering consulting services in the specified area and other accompanying services, in the field of information technologies, research and development the amount of capital investments according to the provided investment project shall make at least than one million rubles in the amount;

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