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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of October 1, 2020 No. 1577

About approval of Rules of the conclusion, change, cancellation of agreements on protection and encouragement of capital investments, maintaining the register of agreements on protection and encouragement of capital investments

According to Items 1, of 2, of 5, 6 parts 1 of Article 4 and article 16 of the Federal law "About Protection and Encouragement of Capital Investments in the Russian Federation" Government of the Russian Federation decide:

1. Approve the enclosed Rules of the conclusion, change, cancellation of agreements on protection and encouragement of capital investments, maintaining the register of agreements on protection and encouragement of capital investments.

2. Determine the Ministry of Economic Development of the Russian Federation authorized federal executive body which on behalf of the Russian Federation signs agreements on protection and encouragement of capital investments and supplementary agreements to them, makes decisions on termination of such agreements and on settlement of the disputes following from them.

3. Agree with the offer of the Ministry of Economic Development of the Russian Federation on involvement of autonomous nonprofit organization "Agency of Investment Development" for implementation of functions on maintenance of processes of the conclusion of agreements on protection and encouragement of capital investments and supplementary agreements to them, changes and the terminations of such agreements according to the Rules approved by this resolution.

4. Recommend to the supreme executive bodies of the government of subjects of the Russian Federation within 20 working days from the date of the introduction of this resolution in force to adopt the regulatory legal act determining the state body of the power of the subject of the Russian Federation authorized on agreement signature about protection and encouragement of capital investments on behalf of the subject of the Russian Federation and supplementary agreements to them including for consideration of the agreements on protection and encouragement of capital investments of documents connected with the conclusion, decision making about change and the termination of agreements on protection and encouragement of capital investments.

5. To the Ministry of Economic Development of the Russian Federation till January 1, 2021 in accordance with the established procedure to develop and introduce to the Government of the Russian Federation the draft of the order of the Government of the Russian Federation establishing since April 2, 2021 according to Item 1 of part 1 of article 4 of the Federal law "About Protection and Encouragement of Capital Investments in the Russian Federation" procedure for the conclusion of agreements on protection and encouragement of capital investments with use of the state information system "Capital investments", including procedure for carrying out tender within public project initiative taking into account requirements of article 8 of the specified Federal Law, change and cancellation of such agreements, implementation of monitoring of stages of implementation of investment projects concerning which agreements, features of disclosure of information on beneficial owners of the organization realizing the investment project are signed and also general requirements to procedure for the conclusion, change and cancellation of the specified agreements, including general requirements to procedure for carrying out tender within public project initiative, concerning agreements under which the Russian Federation is not agreement party.

6. Realization of the powers provided by this resolution is performed by the Ministry of Economic Development of the Russian Federation, Federal Tax Service, the Federal Customs Service, the Federal Treasury within the number of workers, and also budgetary appropriations provided to the specified federal executive bodies in the federal budget on management and management in the sphere of the established functions established by the Government of the limiting Russian Federation.

7. This resolution becomes effective from the date of its official publication and is effective till April 1, 2021 inclusive.

Russian Prime Minister

M. Mishustin

Approved by the Order of the Government of the Russian Federation of October 1, 2020 No. 1577

Rules of the conclusion, change, cancellation of agreements on protection and encouragement of capital investments, maintaining register of agreements on protection and encouragement of capital investments

I. General provisions

1. These rules establish procedure for the conclusion, change, cancellation of agreements on protection and encouragement of capital investments (further - the agreement) in case of implementation of the investment projects conforming to requirements of Item 5 of these rules (further - the project), including:

procedure for the conclusion of agreements within private project initiative;

features of disclosure of information on beneficial owners of the organization realizing the project;

procedure and conditions of consideration, the reason of satisfaction of the petition for recognition of earlier signed agreement as the connected agreement;

procedure and conditions of consideration, the reason of satisfaction of the petition containing the offer on inclusion in the agreement of obligation of the Russian Federation and subject (subjects) of the Russian Federation in case of implementation of other investment project (further - the public investment project) not to allow deterioration in financial performance of the project concerning which the agreement is signed;

procedure for maintaining the register of agreements on protection and encouragement of capital investments (further - the register of agreements).

2. These rules are applied to the agreements signed according to the procedure of private project initiative based on the statement for agreement signature.

3. The agreement is signed in writing in the number of copies equal to number of agreement parties. Each copy of the agreement is signed by all its parties and has equal legal force.

II. Requirements to the applicant and project

4. The agreement can be signed with the Russian legal entity who meets the following requirements (further - the applicant):

a) the applicant answers signs of the organization realizing the project, stipulated in Item 8 parts 1 of article 2 of the Federal law "About Protection and Encouragement of Capital Investments in the Russian Federation" (further - the Federal Law);

b) the applicant is not in process of liquidation;

c) concerning the applicant insolvency proceedings (bankruptcy) in accordance with the legislation of the Russian Federation about insolvency (bankruptcy) are not initiated.

5. The agreement can be signed concerning the project which meets the following requirements:

a) the project answers signs of the investment project, stipulated in Item 3 parts 1 of article 2 of the Federal Law;

b) the project answers signs of the new investment project, stipulated in Item 6 parts 1 of article 2 of the Federal Law;

c) the sphere of project implementation meets the requirements, the stipulated in Clause 6 Federal Laws;

d) the amount of capital investments in the project planned by the applicant (and if the project is implemented, the general amount of the capital investments performed and planned to implementation) corresponds to Item 2 or 3 of part 4 of article 9 of the Federal Law;

e) the money (capital investments) made in the project meets the requirements, stipulated in Item 5 parts 1 of article 2 of the Federal Law.

III. Requirements to the statement

6. For agreement signature according to the procedure of private project initiative the applicant sends to the Ministry of Economic Development of the Russian Federation (further - authorized body) the statement for agreement signature (further - the statement) with the enclosed documents and materials specified in Item 10 of these rules (with the inventory).

The authorized body transfers within 1 working day of the organization specified in Item 3 of the order of the Government of the Russian Federation of October 1, 2020 to No. 1577 "About approval of Rules of the conclusion, change, cancellation of agreements on protection and encouragement of capital investments, maintaining the register of agreements on protection and encouragement of capital investments" (further - authorized organization), the statement and the documents and materials specified in Item 10 of these rules attached to it, for carrying out the analysis of their completeness and compliance to requirements of the Federal Law according to the procedure, established by Items 18 - 22 these rules.

7. The statement is constituted in form according to appendix No. 1 and signed with own hand by person having the right to act on behalf of the applicant without power of attorney, or person authorized by the applicant on signing of the statement and implementation of government relations, local government bodies, other persons in connection with agreement signature (further the authorized person of the applicant).

8. The statement and the documents and materials specified in Item 10 of these rules attached to it are represented in the number of copies equal to number of the parties of the signed agreement.

9. The applicant bears responsibility for completeness of the documents and materials submitted by him and reliability of the data containing in them in accordance with the legislation of the Russian Federation. Copies of documents and materials are certified in accordance with the established procedure by the head of the applicant or the authorized person of the applicant.

10. The following documents and materials are enclosed to the application:

a) the draft agreement conforming to requirements of the Federal Law and constituted in standard form according to appendix No. 2, signed with own hand by person having the right to act on behalf of the applicant without power of attorney;

b) copies of the constituent documents of the applicant including confirming powers of the authorized person of the applicant on adoption (approval) of the decision of the applicant on approval of the budget on capital expenditures within the project on agreement signature;

c) the copy of the document confirming state registration of the applicant as the Russian legal entity;

d) the copy of annual accounting (financial) accounts and (or) annual consolidated financial statements of the applicant for the last complete accounting year concerning which there came forming term with application of a copy of the audit opinion constituted concerning such reporting (it is represented if the applicant is not the project company and on condition of availability at the applicant of the specified documents);

e) the business plan of the project including including:

data on the amount of the planned and performed capital investments in the project, on planned and actual dates of their implementation;

confirmation of opportunity to create capital investments;

the project description, including specifying on the territory of its realization;

data on the goods, works, services or results of intellectual activities planned to production, accomplishment, rendering or creation within project implementation;

data on expected terms of production of goods, performance of works, rendering services, creations of results of intellectual activities within project implementation;

information on reporting documents, including information on expected dates of receipt of the permissions and soglasiya necessary for project implementation (when applicable);

information on terms of state registration of the rights, including the rights to real estate, to results of intellectual activities or means of individualization (when applicable);

information on the term of putting into operation of the object created or reconstructed within the project (when applicable);

e) the financial model of the project containing the following data (in the presence):

initial assumptions on the basis of which forecast data, including the basic methodical provisions used in case of creation of financial forecasts (project deadline, duration of forecast period, currency of initial and final cash flows, discount rate and method of its calculation, other assumptions) and macroeconomic data (forecasts of inflation, the exchange rates, the fixed benchmark interest rates, other data) are constructed;

intermediate forecast data, including:

the forecast of amount of the goods, works, services or results of intellectual activities made, which are carried out, rendered or created within project implementation, the prices of the corresponding goods, works, services or results of intellectual activities, the prices of the main raw materials and materials other costs constituting considerable share in cost;

the cost forecast, connected with personnel;

the forecast of attraction of financial resources of financing for project implementation with indication of financing sources (structure of financing of the project), conditions of attraction of loan financing (for the means which are not included in amount of capital investments according to the agreement);

the forecast of amounts of use of budgetary funds (in case of planning of their use in the project) with disaggregation on levels of budgets of the budget system of the Russian Federation, the normative and legal and actual bases of their provision, and also with indication of the applied techniques (formulas) for calculation of amounts of budgetary funds;

the forecast of amounts of the planned to tax payment and other obligatory payments (including charges, insurance premiums, customs duties) in connection with project implementation;

the forecast financial reporting, including the balance estimation, the forecast of financial results constituted on accrual method and containing the main financial performance of the project (including sales proceeds and cost of the goods, works, services or results of intellectual activities made, which are carried out, rendered or created within project implementation, gross profit (loss), business and management expenses, net profit, profit before accounting of percent, tax payment and the depreciation charges), the forecast of cash flow from other business (economic) activity of the applicant (cumulatively for all other types of activity);

financial performance of the project (coefficients) with the intermediate stages of their calculation, including net present value, internal return rate, the simple and discounted project payback period, and also return on assets, profitability of equity and profitability of the invested capital;

g) the decision of the applicant on approval of the budget on capital expenditures (without the budget on the expenses connected with preparation of the design estimates, carrying out design and survey and exploration works) within the project constituted in form according to appendix No. 3 (compliance to form is required for the decisions made after the introduction of these rules in force);

h) the construction license if the project is directed to creation (construction) and (or) reconstruction of object (objects) of capital construction, or the development plan for a land plot (for linear objects - the site planning of the territory) on the parcel of land intended for construction and (or) reconstruction of capital construction project, the planned date of receipt of the permission for construction of the corresponding object, or the guaranty letter signed by the management official of the subject of the Russian Federation (the head of the supreme executive body of the government of the subject of the Russian Federation) or the official authorized by it confirming possibility of creation (construction) and (or) reconstruction provided (provided) by the project of object (objects) of capital construction in the territory of appropriate subject of the Russian Federation with indication of the planned date of receipt of the permission for construction of the corresponding object;

i) the list of the acts (decisions) of the Russian Federation and (or) the subject of the Russian Federation stabilized within the agreement for inclusion in the register of agreements (if the stabilized act (decision) governs not only the relations specified regarding 3rd article 9 of the Federal Law in the list structural elements (Articles, Items, subitems and (or) paragraphs) of such act (decision) which subject of regulation corresponds to provisions of part 3 of article 9 of the Federal Law are specified);

j) the proposal of the applicant on the choice of acts (decisions) specified in Items 1, 4 and 5 parts 3 of article 9 of the Federal Law as acts (decisions) which are not subject to application (it is represented in case, stipulated in Item 3 parts 4 of the specified Article), in form according to appendix No. 4;

k) the copy of the document confirming powers of the authorized person of the applicant which is properly certified by the applicant to act on behalf and for the benefit of the applicant in connection with agreement signature (it is represented if authorized person of the applicant is person who does not have the right to act on behalf of the applicant without power of attorney);

l) the certificate of tax authority of execution by the applicant of obligation on tax payment, charges, insurance premiums, penalty fee, penalties, percent on the form approved by the Federal Tax Service as of the date preceding date of filing of application, but not earlier than before 180 days before date of filing of application;

m) the certificate of absence at the applicant (as of date not earlier than before 10 working days before date of filing of application) debts on customs payment, other payments received by the applicant with use of electronic service in private office of the participant of foreign economic activity placed on the Internet (it is represented if the applicant is participant of foreign economic activity);

o) information on beneficial owners of the applicant provided on each beneficial owner in form according to appendix No. 5.

For the purposes of these rules the concept "beneficial owner" is used in the value established by the Federal Law "About Counteraction of Legalization (Washing) of Income Gained in the Criminal Way and to Terrorism Financing".

11. The documents and materials provided by subitems "g" - "about" Item 10 of these rules, are represented for the purpose of informing (for information only). If other is not established by the Federal Law, not achievement of the forecast these (values) specified in the business plan and (or) financial model in case of project implementation is not agreement breach (except for conditions about project deadlines and its separate stages, about the size planned to implementation of capital investments).

12. The petition for recognition of earlier signed agreement by the connected agreement and (or) the petition for inclusion in the agreement of obligation of the Russian Federation and subject (subjects) of the Russian Federation provided by part 12 of article 10 of the Federal Law together with supporting documents and materials according to Items 29 and (or) 38, of 39 these rules can be enclosed to the application.

13. The list of objects of the providing and (or) accompanying infrastructure can be enclosed to the application, costs for creation (construction), upgrade and (or) reconstruction of which it is supposed to compensate at the expense of means of budgets of the budget system of the Russian Federation, containing help data on the corresponding infrastructure facilities.

14. If project implementation assumes need of participation in the agreement of the municipality (municipalities) after April 1, 2021, the relevant information is specified in the statement and the document confirming the consent of authorized body of local self-government (further - authorized body of the municipality) on accession to the signed agreement and on accomplishment of the obligations arising at the municipality in connection with participation in the agreement, including on stabilization concerning the applicant of acts (decisions) of such municipality according to article 9 of the Federal Law and the legislation of the Russian Federation on taxes and fees is enclosed to the application.

15. The documents and materials provided by Items 8, of 10, of 12 and 13 these rules are represented on paper with appendix of the electronic medium of information containing the electronic images of the relevant documents created by scanning. Electronic images of documents shall have the widespread open formats providing possibility of viewing of all document or its fragment with means of the public software of viewing of information, documents and shall not be ciphered or protected by the means which are not allowing to perform acquaintance with their content without additional program or technological resources. The financial model of the project specified in the subitem "e" of Item 10 of these rules shall conform (when applicable) to the requirements to creation and registration of financial model specified in technique of the efficiency evaluation of the project of public-private partnership, the project of municipal and private partnership and determination of their comparative advantage approved by the Ministry of Economic Development of the Russian Federation. Such model is developed in electronic form and it is represented on the electronic medium of information.

IV. Consideration of the application and agreement signature

16. Consideration of the application and the documents and materials specified in Item 10 of these rules attached to it includes the following stages:

the analysis of completeness and compliance of the documents and materials submitted by the applicant to requirements of the Federal Law and these rules according to the procedure, established by Items 18 - 22 these rules;

consideration of the draft agreement by the public authority of the subject of the Russian Federation (public authorities of subjects of the Russian Federation) authorized (representatives) on agreement signature and supplementary agreements to them (further - the supplementary agreement) in the territory of which, (which) implementation of the project is supposed (further - authorized body of the subject of the Russian Federation), according to Items 23 and 24 of these rules;

consideration of the draft agreement by authorized body according to Item 25 of these rules.

Following the results of consideration of the application agreement signature of the subject of the Russian Federation by authorized body, authorized body on condition of compliance of the statement and the documents and materials specified in Item 10 of these rules, to requirements of the Federal Law and these rules attached to it is performed.

After agreement signature the Federal Treasury performs its registration (inclusion of data in the register of agreements) according to Item 87 of these rules.

17. The statement which does not contain any of petitions of the applicant, stipulated in Item 12 these rules and also the documents and materials specified in Item 10 of these rules attached to it are considered according to the procedure, stipulated in Item 16 these rules, within 60 working days from the date of their receipt in authorized organization.

18. Within 10 working days from the date of receipt of the statement and the documents and materials attached to it the authorized organization considers them regarding availability of documents and materials according to Item 10 of these rules, lack of technical mistakes, observance by the applicant of requirements of Items 7, of 8 and 15 these rules, part 3 of article 16 of the Federal Law, and also regarding compliance to the following requirements:

a) availability at the authorized person of the applicant of powers to act on behalf and for the benefit of the applicant in connection with agreement signature;

b) the applicant's compliance to requirements, stipulated in Item 4 these rules, including reliability of the provided information about the applicant;

c) availability in constituent documents of the applicant, being the project company, regulations that subject of its activities is project implementation;

d) project compliance to requirements, stipulated in Item 5 these rules, including regarding observance of requirements to the amount of capital investments;

e) compliance specified in the list of acts (decisions) and (or) their structural elements and the conforming data provided by the subitem "i" of Item 10 of these rules in the draft agreement to requirements of parts 3 and 4 of article 9 of the Federal Law.

19. If the applicant does not submit the documents and materials specified in subitems "v" and "m" of Item 10 of these rules and also for the purpose of confirmation of information on the applicant during term, stipulated in Item 18 these rules, the authorized organization sends to authorized body inquiry for provision of the corresponding data.

The authorized body based on the request specified in paragraph one of this Item sends to the Federal Tax Service inquiry for provision of information specified in subitems "v" and "m" of Item 10 of these rules.

The Federal Tax Service within 3 working days from the date of receipt of the request specified in the paragraph the second this Item sends the information required to authorized body.

The authorized body within 2 working days from the date of receipt of information specified in paragraph three of this Item sends it to authorized organization.

If the applicant does not submit the documents specified in the subitem "n" of Item 10 of these rules and also for the purpose of confirmation of information on the applicant during term, stipulated in Item 18 these rules, the authorized organization sends to the Federal Customs Service inquiry for provision of the corresponding data.

The Federal Customs Service within 3 working days from the date of receipt of the request specified in paragraph five of this Item sends the information required to authorized organization.

The direction of requests and answers to them according to this Item is performed with use of single system of interdepartmental electronic interaction with observance of requirements of the legislation of the Russian Federation on trade secret or other secret protected by the law.

20. If following the results of consideration of documents and materials according to Item 19 of these rules it is determined that to the application it is not enclosed one or several necessary documents (materials), and (or) the applicant does not observe requirements of Items 7, of 8 and 15 these rules and (or) part 3 of article 16 of the Federal Law, and (or) technical mistakes in case of document creation (materials) are made, the notification on the revealed violations with indication of the term of elimination of the revealed violations - goes 10 working days to the authorized person of the applicant.

In case of elimination by the applicant of the revealed violations in the time established by paragraph one of this Item the term of consideration of the application, including term, stipulated in Item 19 these rules, begins from the date of, the elimination by the applicant of the revealed violations following behind day.

21. In case of not elimination by the applicant of the revealed violations in the time established by paragraph one of Item 20 of these rules and also if following the results of consideration according to Items 18 and 19 of these rules of documents and materials the established fact of representation by the applicant of information which is not corresponding to the data containing in the Unified State Register of Legal Entities and (or) the register of the issued construction licenses and (or) the fact of non-compliance with one or several requirements established according to Item 18 of these rules authorized organization within 3 working days from the date of the expiration established by paragraph one of Item 20 of these rules or from the date of establishment of the facts specified in this Item sends to authorized body the certificate of impossibility of agreement signature with indication of applicable Item of part 14 of article 7 of the Federal Law.

The authorized body within 3 working days from the date of receipt of the reference specified in paragraph one of this Item sends to the applicant the notification containing specifying on the actual circumstances and the applied provisions of the Federal Law and these rules which formed the basis for leaving of the statement without consideration.

22. Within 10 working days from the date of receipt of the statement and provided that the notification on the revealed violations was not sent to the applicant, stipulated in Item 20 these rules, authorized organization prepare the certificate of compliance of the applicant, the documents and materials, and also the project submitted by it and sends to requirements of the Federal Law this reference and all copies of the draft agreement to authorized body of the subject of the Russian Federation.

If several subjects of the Russian Federation act as expected agreement parties, to each authorized body of the subject of the Russian Federation one draft copy of the agreement (supplementary agreement) for consideration goes, and originals of all copies of the draft agreement (supplementary agreement) in established by authorized organization of priority and terms consistently go to the address of each authorized body of the subject of the Russian Federation which is the expected agreement party.

23. The authorized body of the subject of the Russian Federation within 5 working days from the date of receipt of the draft agreement by it considers it and by results of consideration:

a) signs the draft agreement in case of lack of the bases interfering agreement signature, provided by part 14 of article 7 of the Federal Law and sends the signed draft agreement to authorized organization;

b) does not sign the draft agreement in case of availability of the bases interfering agreement signature, provided by part 14 of article 7 of the Federal Law and prepares the letter containing reasons for impossibility of agreement signature with references to provisions of the Federal Law and these rules which are not followed by the applicant and also specifying on the Item of part 14 of article 7 of the Federal Law applied in appropriate case and sends it to authorized organization.

24. The authorized organization sends to authorized body the reference, stipulated in Item 22 these rules, and the draft agreement signed by authorized body of the subject of the Russian Federation or the letter of authorized body of the subject of the Russian Federation specified in the subitem "b" of Item 23 of these rules and the draft agreement within 2 working days from the date of receipt of the specified documents and materials.

25. The authorized body considers the draft agreement signed by authorized body of the subject of the Russian Federation within 5 working days from the date of its obtaining and following the results of consideration:

a) signs the draft agreement in case of lack of the bases interfering agreement signature, provided by part 14 of article 7 of the Federal Law and sends to authorized organization the signed copies of the agreement of authorized body of the subject of the Russian Federation and the applicant for the direction to authorized body of the subject of the Russian Federation and to the applicant certified in accordance with the established procedure 2 copies of the agreement and the reference represented to the Federal Treasury in case of sending an inquiry about entering of data on the agreement (supplementary agreement) into the register of agreements, prepared in form according to appendix No. 6 (further - the certificate of the agreement), for the direction in the Federal Treasury;

b) does not sign the draft agreement in case of availability of the bases interfering agreement signature, provided by part 14 of article 7 of the Federal Law including in the presence of the letter of authorized body of the subject of the Russian Federation specified in the subitem "b" of Item 23 of these rules and prepares the letter containing reasons for impossibility of agreement signature with references to provisions of the Federal Law and these rules which are not followed by the applicant and also specifying on the Item of part 14 of article 7 of the Federal Law applied in appropriate case and sends it to authorized organization for the direction to the applicant, authorized body of the subject of the Russian Federation within 2 working days from the date of receipt of the relevant documents.

26. The authorized organization within 2 working days from the date of receipt of the documents and materials directed according to the subitem "an" of Item 25 of these rules sends to the Federal Treasury 2 copies of the agreement certified in accordance with the established procedure and the certificate of the agreement for check of compliance of the data containing in the certificate of the agreement, to the data containing in the copy of the agreement and for registration of the agreement (inclusion of data in the register of agreements) according to the paragraph the second Item 87 of these rules and part 13 of article 16 of the Federal Law.

The Federal Treasury after registration of the agreement (inclusion of data in the register of agreements) according to the paragraph of Item 87 of these rules sends the second to authorized organization the copy of the signed agreement with mark on its registration in the register of agreements and specifying of its registration number.

Authorized organization within 3 working days from the date of receipt of the copy of the signed agreement with mark on its registration in the register of agreements:

sends to the applicant, to authorized body, authorized body of the subject of the Russian Federation their copies of the signed agreement;

sends with use of single system of interdepartmental electronic interaction to the Ministry of Finance of the Russian Federation and if the agreement contains condition about stabilization of the acts specified in Item 1 of part 3 of article 9 of the Federal Law in the Federal Customs Service of the notification on agreement signature with application of a copy of the registered agreement;

sends with use of single system of interdepartmental electronic interaction to the Federal Tax Service the notification on agreement signature with application of a copy of the registered agreement, and also the data specified in the certificate of the agreement in electronic form.

The authorized organization, the Federal Treasury provide storage of copies of the signed agreement.

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