ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 20, 2021 No. 2369

About requirements to banks and funds of assistance to crediting (guarantee funds, funds of guarantees) for the purposes of implementation of purchases of goods (works, services) for ensuring the state and municipal needs, about change and recognition voided some acts and separate provisions of some acts of the Government of the Russian Federation

According to the subitem "an" of Item 1 of part 5 of Article 44, part Items 1 and 3 1, part 1.1 of article 45 of the Federal law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" Government of the Russian Federation decides:

1. Determine that banks in which participants of purchases of goods, works, services for ensuring the state and municipal needs open special accounts into which money for providing applications for participation in such purchases is deposited (further - requests) shall conform to the following requirements in total:

establishment by bank with each of operators of the electronic platforms included in the list provided by part 3 of article 24.1 of the Federal law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" (further - the Federal Law), interactions according to the signed agreement provided by part 7 of article 44 of the Federal Law;

compliance to requirements, stipulated in Item 2 Rules of investment of funds of the federal budget, means of the single treasurer account, reserve of funds for implementation of compulsory social insurance from labor accidents and occupational diseases and other means on the bank deposits approved by the order of the Government of the Russian Federation of December 24, 2011 No. 1121 "About procedure for investment of funds of the federal budget, means of the single treasurer account, reserve of funds for implementation of compulsory social insurance from labor accidents and occupational diseases and other means on bank deposits".

2. Determine that the banks which are not specified in Item 2 (1) this resolution and performing issue of independent guarantees as providing requests, execution of contracts, warranty obligations, shall conform to the requirement about availability of credit rating not lower than the B-(RU) level on national rating scale for the Russian Federation of credit rating agency Analytical Credit Rating Agency (Joint-stock company), or it is not lower than the RUB-level on national rating scale for the Russian Federation of credit rating agency Joint-stock company "Expert RA rating agency, or it is not lower than the B-.ru level on national rating scale for the Russian Federation of credit rating agency National Credit Ratings limited liability company, or it is not lower than the B-| ru | level on national rating scale for the Russian Federation of credit rating agency National Rating Agency limited liability company.

2(1). Determine that the banks registered in the territory of state member of the Eurasian Economic Union, except for the Russian Federation, and performing issue to the procurement participants who are the legal entities registered in the territory of this state member of the Eurasian Economic Union, except for the Russian Federation or the physical persons who are citizens of this state member of the Eurasian Economic Union, except for the Russian Federation, independent guarantees as providing requests, execution of contracts, warranty obligations shall conform to the following requirements in total:

lack of the measures for the prevention of economic insolvency (bankruptcy) of bank and improvement of its financial condition (financial improvement) applied to bank according to the legislation of this state member of the Eurasian Economic Union within 6 last months;

availability of credit rating, the stipulated in Item 2 presents of the resolution, or compliance to the criteria approved by Council of the Eurasian economic commission.

3. Determine that funds of assistance to crediting (guarantee funds, funds of guarantees), being participants of national warranty system of the support of small and medium business provided by the Federal Law "About Development of Small and Medium Business in the Russian Federation" (further - the regional warranty organizations), and performing issue of independent guarantees as providing requests, execution of contracts, warranty obligations, shall conform to the following requirements:

absence in the register of unfair suppliers (contractors, contractors) of information on the regional warranty organization, members of collegiate executive body provided by the Federal Law, person performing functions of sole executive body about participants (if the regional warranty organization is corporate legal entity), founders (if the regional warranty organization is unitary legal entity) such organization;

absence as a part of participants (members) (if the regional warranty organization is corporate legal entity), founders (if the regional warranty organization is unitary legal entity) the legal entity whose place of registration is the state or the territory included in the list of the states and the territories which are providing preferential tax regime of the taxation and (or) not providing disclosure and provision of information when carrying out financial transactions (offshore zones) concerning legal entities approved according to the subitem 1 of Item 3 of article 284 of the Tax Code of the Russian Federation and also absence of such legal entity among persons owning directly or indirectly (through the legal entity or through several legal entities) more than 10 percent of voting shares of economic society or shares, exceeding 10 percent in the authorized (share) capital of economic partnership or society;

availability appropriated according to the procedure, established according to part 9 of article 15.2 of the Federal law "About Development of Small and Medium Business in the Russian Federation", is not lower than the level "B" of the rank characterizing degree of financial stability of the regional warranty organizations as participants of national warranty system of support of small and medium business.

4. Determine that the requirement provided by the paragraph the second Item 1 of this resolution is applied in 60 days from the date of, the inclusion of bank in the list provided by the subitem "an" of Item 1 of part 5 of article 44 of the Federal Law following behind day.

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