ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of July 16, 2020 No. 1048

About approval of Rules of the conclusion, change and termination of special investment contracts

According to the Federal Law "About Industrial Policy in the Russian Federation" Government of the Russian Federation decides:

Approve the enclosed Rules of the conclusion, change and termination of special investment contracts.

Approved by the Order of the Government of the Russian Federation of July 16, 2020 No. 1048

Rules of the conclusion, change and termination of special investment contracts

I. General provisions

1. These rules establish procedure for the conclusion, change and termination of special investment contracts, including Regulations on procedure for forming and activities of the commissions on the conclusion, change and termination of special investment contracts according to appendix No. 1, technique of assessment of applications for participation in competitive selection on the right of the conclusion of special investment contracts according to appendix No. 2, of the requirement to registration and contents of the documents directed as a part of the request of the participant of competitive selection for the right of the conclusion of special investment contracts and directed within the procedure of the conclusion of the special investment contract for the decision of the President of the Russian Federation according to appendix No. 3, method of calculation of total volume of expenses and the half-received income of budgets of the budget system of the Russian Federation, the measures of stimulation of activities which are formed in connection with application in the sphere of the industry concerning the investment project realized according to the special investment contract according to appendix No. 4.

These rules are applied to the special investment contracts signed after entry into force of the Federal Law "About Introduction of Amendments to the Federal Law "About Industrial Policy in the Russian Federation" regarding Regulation of Special Investment Contracts".

2. The decision on the conclusion, on change and on termination of special investment contracts by the Russian Federation, subject of the Russian Federation or the municipality is accepted by the commission on the conclusion, change and termination of special investment contracts, the procedure for forming and which activities is provided by appendix No. 1 to these rules (further - the commission), except as specified, the these rules specified in Item 49.

3. The special investment contract is signed concerning the investment project which conforms to the requirements established by part 1 of article 18.1 of the Federal law "About Industrial Policy in the Russian Federation" and also the following requirements:

a) the production and technological operations provided by the investment project allow to perform in the territory of the Russian Federation, and (or) on the continental shelf of the Russian Federation, and (or) in exclusive economic zone of the Russian Federation serial production of industrial output on the basis of modern technology, on development and deployment or implementation of which the special investment contract is signed. At the same time under serial production of products relating according to the All-Russian Product Classifier by types of economic activity (OKPD 2) to products of mining productions, for the purpose of these rules is understood production of the capital processing equipment which is technological basis of preprocessing of the extracted minerals (except crude oil and gas natural) for further transportation and (or) realization and created on the basis of modern technology, on development and deployment or implementation of which the special investment contract is signed;

b) the investment project provides exit during effective period of the special investment contract to the project operating profit calculated according to Item 20 of these rules;

c) the schedule of investment (expenditure) of means provides execution of expenses on all or separate of the following directions of expenses:

acquisition and (or) long-term lease of the parcels of land intended for creation on them new production capacities (except as specified if the parcel of land on which the investment project is implemented is in property of the investor);

construction, and (or) capital repairs, and (or) reconstruction of factory buildings and constructions, excavations, objects of electrical and heat energy (including carrying out prospecting works and development of the project documentation);

acquisition, construction, production, delivery of fixed assets, including customs duties and customs fees (in the presence), and also construction and commissioning (execution of the specified expenses is obligatory for the investment project);

degreasing and (or) upgrade of fixed assets (the minimum share of the investment project of the equipment acquired during realization constitutes at least 25 percent of cost of the upgraded and (or) raskonserviruyemy equipment);

accomplishment of research, developmental and technological works, carrying out clinical testing or acquisition of rights of exclusive rights to results of intellectual activities and (or) receipt of the rights to use the results of intellectual activities which are part of modern technology (execution of the specified expenses is obligatory, except as specified, if exclusive rights on results of intellectual activities as a part of technology or right to use of result of intellectual activities as a part of technology already belong to the investor to the beginning of carrying out competitive selection or decision making by the President of the Russian Federation about the conclusion of the special investment contract or if transfer of the specified rights to the investor is performed without counter provision of money);

creation and (or) upgrade, reconstruction of the industrial, transport, energy and social infrastructure necessary for implementation of the investment project;

d) the term of recognition of the modern technology included in the list of types of the technologies recognized by modern technologies for the purpose of the conclusion of special investment contracts, urgent did not expire.

4. The special investment contract is signed in electronic form with use of the state information system of the industry (further - information system).

II. Procedure for decision making about carrying out competitive selection on the right of the conclusion of the special investment contract and approval of documentation on carrying out competitive selection

5. The decision on carrying out competitive selection on the right of the conclusion of special investment contracts (further - competitive selection) is accepted by the Ministry of Industry and Trade of the Russian Federation, the Ministry of Energy of the Russian Federation and the Ministry of Agriculture of the Russian Federation authorized by the Government of the Russian Federation on the conclusion of special investment contracts depending on that industry to which the industrial output which serial production will be mastered as a result of implementation of the investment project according to the special investment contract (further - authorized body) belongs.

6. The decision on carrying out competitive selection is drawn up by the act of authorized body which is posted on the official site of authorized body on the Internet (further - Internet network) and information system. In the decision of authorized body on carrying out competitive selection the following information is specified:

a) full name of the initiator (initiators) of carrying out competitive selection;

b) the name of modern technology (modern technologies) from the list of types of the technologies recognized by modern technologies for the purpose of the conclusion of special investment contracts approved by the Government of the Russian Federation which is subject to development and deployment or implementation during implementation of the investment project according to the special investment contract;

c) the type of competitive selection (closed or opened);

d) the basis for carrying out the closed competitive selection if the closed competitive selection, with reasons for reference of the investment project to investment projects on development or implementation of technologies of military, special or dual purpose for the purpose of development on their basis of serial production of the industrial output necessary for ensuring defense of the country and safety of the state is made;

e) the term during which the authorized body will developed and approve documentation on carrying out the closed or open competitive selection.

7. Initiators of carrying out competitive selection are:

a) The Russian Federation on behalf of authorized body;

b) The Russian Federation together with the subject of the Russian Federation and the municipality on behalf of the representatives specified in parts 6 - the 8th article 18.1 of the Federal law "About Industrial Policy in the Russian Federation";

c) investor.

8. If initiator of carrying out competitive selection is the Russian Federation, the authorized body makes the decision on carrying out competitive selection on own initiative.

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