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Ministry of Justice

Russian Federation

On January 23, 2020 No. 57261

PROVISION OF THE MINISTRY OF FINANCE OF THE RUSSIAN FEDERATION AND CENTRAL BANK OF THE RUSSIAN FEDERATION

of December 19, 2019 No. 239n/707-P

About procedure of treasurer providing obligations in case of bank support of public contracts

I. General provisions

1. This Provision is developed according to part 9 of article 5 of the Federal Law of December 2, 2019 No. 380-FZ "About the federal budget for 2020 and for planning period of 2021 and 2022" (further - the Federal Law No. 380-FZ) and establishes procedure of treasurer providing obligations in case of bank support of public contracts which subject is delivery of goods, performance of works, rendering services for ensuring the federal needs which are subject to bank maintenance according to Item 3 of the order of the Government of the Russian Federation of September 20, 2014 No. 963 "About implementation of bank support of contracts" (The Russian Federation Code, 2014, No. 39, of Art. 5259; 2015, No. 26, Art. 3904; 2016, No. 47, Art. 6647; 2017, No. 1, Art. 207; No. 33, Art. 5184; 2018, No. 5, Art. 764; No. 39, the Art. 5985) and which conditions provide treasurer providing obligations within the amount necessary for payment of the obligations arising in case of execution of public contracts (further respectively - public contracts, the Resolution No. 963).

2. In case of treasurer providing obligations information interaction is performed:

2.1. between territorial authority of the Federal Treasury in the place of opening to the state customer of personal account of the receiver of budgetary funds (further - body of the Federal Treasury) and bank (bank branch) performing according to the Rules of implementation of bank support of contracts approved by the Resolution No. 963 (further - Rules), bank support of the public contract (further - bank), through system of transfer of financial messages of the Bank of Russia with use of the electronic messages containing:

the documents applied when implementing treasurer providing obligations in case of bank support of public contracts;

values of the statuses of the documents applied when implementing treasurer providing obligations with indication of the details identifying the relevant document (further - the message on the status);

2.2. between the state customer and body of the Federal Treasury in electronic form by transfer on telecommunication channels means of application software of the Federal Treasury "System of remote financial document flow" with use of the digital signature in accordance with the legislation of the Russian Federation (further - electronic type) based on the agreement (agreement) on exchange of electronic documents signed by the state customer with body of the Federal Treasury. If the state customer has no technical capability of information exchange in electronic form, exchange of information with body of the Federal Treasury is performed using document flow on paper with simultaneous submission of documents on the machine carrier.

3. The supplier (the contractor, the contractor) according to the public contract (further - the contractor according to the public contract) according to the paragraph of the subitem "an" of Item 6 of Rules represents to the fourth to bank of the information about the collaborators attracted by it for the purpose of execution of the public contract (further - the Information about collaborators).

4. In case of the conclusion the contractor according to the public contract (the collaborator attracted for the purpose of execution of the public contract (further - the collaborator according to the public contract) the new contract (termination of earlier signed contract), and also in case of change of information included in the Information about collaborators, the contractor according to the public contract represents to bank the new Information about collaborators taking into account the made changes.

5. The bank accepts the Information about collaborators in case of observance of requirements about availability of the sign manual (signatures) of the authorized person (authorized persons) and impress of a seal (in the presence) of the contractor according to the public contract, and also their compliance to the samples told bank in card with specimen signatures and impress of a seal (in the presence of card with specimen signatures and impress of a seal) (further - card).

6. The bank in case of discrepancy of Information about collaborators to requirements, stipulated in Item the 5th this provision, no later than the working day following behind day of their obtaining returns to the contractor according to the public contract of the Information about collaborators according to the paragraph third Item 37 of this provision.

II. Issue of Treasurer providing obligations

8. The body of the Federal Treasury adopts the Statement on issue in case of observance of the following requirements:

a) compliance of form of the submitted Application on issue to the form approved according to the paragraph the sixth parts 9 of article 5 of the Federal Law No. 380-FZ;

b) availability in the public contract of condition about application of treasurer providing obligations;

c) availability in the Statement on issue of the identifier of the public contract;

d) compliance of details (number and date) of the public contract to the details specified in the Statement for issue;

e) availability in the Statement on issue of the list of supporting documents;

e) compliance of the name, INN, the check point, the bank details of the receiver specified in the Statement for issue, to the name, INN, the check point, bank details of the contractor according to the public contract specified in the public contract;

g) not excess of the amount specified in the Statement for issue over the amount of treasurer providing obligations provided by conditions of the public contract taking into account the Treasurer providing obligations which is earlier issued according to this public contract;

h) not excess of the amount specified in the Statement for issue over the amount of unused balances of limits of the budget obligations of the corresponding budget obligation and capital construction project (to real estate object, action (the integrated investment project) included in federal targeted investment program (further - object of FAIP), to action for use of information and communication technologies, creation, development, operation of the information systems and information and communication infrastructure (further - action for informatization) reflected in the personal account of the receiver of budgetary funds opened for the state customer taking into account earlier drawn up Treasurer providing obligations.

9. The application on issue submitted on paper in addition shall conform to the following requirements:

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