of August 6, 2022 No. 1392
About introduction of temporary quantitative restriction for export of separate types of sulfur and introduction of amendments to separate acts of the Government of the Russian Federation
For the purpose of ensuring food security of the Russian Federation according to the Federal Law "About Bases of State Regulation of Foreign Trade Activity" and the Agreement on the Eurasian Economic Union of May 29, 2014 (7) the Government of the Russian Federation decides appendix No.:
1. Establish from August 10 to December 31, 2022 inclusive quantitative restriction on export out of limits of the territory of the Russian Federation to the states which are not the members of the Eurasian Economic Union, sulfur liquid granulated and lump (codes of the CN FEA EEU 2503 00 100 0 and 2503 00 900 0) in amount of 1,1 of one million tons (further respectively - sulfur, non-tariff quotas).
2. Determine that non-tariff quotas:
a) extend also to the sulfur which is exported from customs area of the Eurasian Economic Union since August 10, 2022, declared and issued according to the customs procedures allowing export of sulfur from customs area of the Eurasian Economic Union till August 10, 2022;
b) do not extend:
on the sulfur which is exported from the territory of the Russian Federation within the international transit carriages which are beginning and coming to an end outside the territory of the Russian Federation and also on the sulfur occurring from the territory of the Russian Federation, moved between parts of the territory of the Russian Federation through the territories of foreign states;
on the sulfur which is taken out to the Donetsk People's Republic, the Luhansk People's Republic, the Republic of Abkhazia and the Republic South Ossetia;
on the sulfur issued according to the customs procedures allowing export of sulfur from customs area of the Eurasian Economic Union, and in the presence of the loading order on the ocean ship or accepted by Russian Railways open joint stock company to transportation till August 10, 2022.
3. Determine that:
a) distribution of non-tariff quota is performed:
between participants of foreign trade activity, being producers of sulfur, or between authorized producers of sulfur legal entities (further in case of joint mentioning - participants of foreign trade activity) provided that the participant of foreign trade activity has the approved trade and sales policy approved with Federal Antimonopoly Service and posted on the official site of the participant of foreign trade activity on the Internet (further - trade and sales policy) providing:
marginal prices of realization are gray for production of the mineral fertilizers delivered on the domestic market of the Russian Federation at the level not above average prices of the producers of sulfur which developed in May - July, 2021, on conditions ex-works (excluding tax on value added, transportation expenses, costs for transfer, storage and packaging), without the prices of the sulfur exported by producer of sulfur or the participant of its group of persons (further - marginal price);
obligations of participants of foreign trade activity on reduction of conditions of current agreements regarding sulfur sales price in compliance with marginal price within 30 calendar days from the moment of receipt of addresses of consumers (if the sulfur sales price provided by the current agreement exceeds the marginal price fixed in trade and sales policy);
taking into account the amounts established in the delivery plan approved by the Ministry of Industry and Trade of the Russian Federation in coordination with the Ministry of Energy of the Russian Federation and acquisitions are gray producers of mineral fertilizers (further - the delivery plan and acquisitions are gray);
b) use of non-tariff quota is performed based on the one-time licenses granted by the Ministry of Industry and Trade of the Russian Federation according to Rules of issue of licenses and import permits and (or) commodity import (appendix to appendix No. 7 to the Agreement on the Eurasian Economic Union of May 29, 2014) (further - the license). Effective period of the license is established from the date of licensing, but not earlier than August 10, 2022.
4. To the Ministry of Industry and Trade of the Russian Federation in coordination with the Ministry of Energy of the Russian Federation to approve:
a) procedure of payments of amounts of non-tariff quota for the purpose of their distribution between participants of foreign trade activity, and also procedure for change of the specified amounts of non-tariff quota;
b) the procedure for issue, suspension and cancellation of licenses providing including the bases for suspension and (or) cancellation of licenses, including according to statements of the Russian producers of mineral fertilizers for the facts of non-execution by the participant of foreign trade activity of the delivery plan and acquisition are gray, and (or) trade and sales policy, and (or) methodical recommendations about development trade and sales the politician, approved by Federal Antimonopoly Service (further - methodical recommendations);
c) the delivery plan and acquisitions are gray for the period from August to December, 2022 (on months, brands, buyers and producers).
5. To provide to the Ministry of Industry and Trade of the Russian Federation together with the Ministry of Energy of the Russian Federation till August 9, 2022 distribution of non-tariff quota between participants of foreign trade activity.
6. To Federal Antimonopoly Service:
a) approve methodical recommendations;
b) provide to participants of foreign trade activity of explanation concerning application of methodical recommendations, including concerning determination in trade and sales politicians of procedure for pricing for the Russian producers of mineral fertilizers;
c) when carrying out anti-monopoly control to exclude application of the responsibility measures provided by the antitrust law to producers of sulfur in connection with obligations assumed by them in trade and sales politicians concerning sulfur realization to the Russian producers of mineral fertilizers.
7. To the Federal Tax Service when carrying out tax control to consider the procedure for pricing of producers of sulfur established by trade and sales politicians.
8. To the Federal Customs Service:
a) provide control of the room of sulfur under customs procedure of export in the amount which is not exceeding amount of non-tariff quota according to the licenses granted by the Ministry of Industry and Trade of the Russian Federation;
b) allow departure of goods from the territory of the Russian Federation within license effective period;
c) no later than 10 calendar days after the termination of each month under report (starting with the report for July, 2022) to represent to the Ministry of Industry and Trade of the Russian Federation and the Ministry of Energy of the Russian Federation data on the amounts of sulfur exported from the Russian Federation in month under report and the accruing result.
9. Approve the enclosed changes which are made to acts of the Government of the Russian Federation.
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