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.:
a) 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) (further respectively - sulfur, non-tariff quotas) in amount of 1,1 of one million tons;
b) from the date of entry into force of the order of the Government of the Russian Federation of December 12, 2022 No. 2283 "About modification of the order of the Government of the Russian Federation of August 6, 2022 No. 1392" till December 31, 2022 inclusive additional non-tariff quota in amount of 0,5 of one million tons.
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);
if participant of foreign trade activity is the organization - the owner of objects of the Unified gas supply system and (or) the organization in which directly and (or) indirectly the owner of objects of the Unified gas supply system participates and total share of such participation constitutes more than 50 percent, except for the organizations which signed agreements on creation of new production capacities (about increase in capacity, about upgrade, reconstruction of the operating production capacities) on deep conversion of oil raw materials, and (or) natural gas, and (or) straight-run gasoline, and (or) average distillates and (or) about creation of the new fixed asset objects necessary for providing the oil processing companies with oil raw materials with high depth of conversion providing timely upgrade of production according to Item 27.1 of article 200 of the Tax Code of the Russian Federation - under condition, that such 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);
the obligation of such participant 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 date 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 the Ministry of Industry and Trade of the Russian Federation together with the Ministry of Energy of the Russian Federation:
a) till August 9, 2022 to provide distribution of non-tariff quota in the amount specified in the subitem "an" of Item 1 of this resolution between participants of foreign trade activity;
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