ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of April 1, 2022 No. 553

About some questions of confirmation of production of industrial output in the territory of the Russian Federation

The government of the Russian Federation decides:

1. Approve the enclosed changes which are made to the order of the Government of the Russian Federation of July 17, 2015 No. 719 "About confirmation of production of industrial output in the territory of the Russian Federation" (The Russian Federation Code, 2015, No. 30, Art. 4597; 2016, No. 33, Art. 5180, 5189; No. 49, Art. 6900; 2017, No. 4, Art. 663; No. 21, Art. 3003; No. 27, Art. 4038; No. 28, Art. 4136; No. 40, Art. 5843; No. 41, Art. 5976; 2018, No. 1, Art. 358; No. 12, Art. 1692; No. 26, Art. 3855; No. 31, Art. 5009; No. 33, Art. 5428, 5432; No. 36, Art. 5646; No. 44, Art. 6737; 2019, No. 1, Art. 33; No. 4, Art. 339; No. 8, Art. 793; No. 13, Art. 1418; No. 15, Art. 1741; No. 16, Art. 1933; No. 22, Art. 2827; No. 24, Art. 3091; No. 30, Art. 4310, 4333; No. 39, Art. 5418; No. 42, Art. 5928; No. 51, Art. 7641; 2020, No. 8, Art. 1039; No. 11, Art. 1560; No. 12, Art. 1764; No. 19, Art. 2993; No. 22, Art. 3509; No. 25, Art. 3912; No. 31, Art. 5174; No. 43, Art. 6784; No. 46, Art. 7302; No. 49, Art. 7922; No. 50, Art. 8228; No. 52, Art. 8853; 2021, No. 1, Art. 107, 109; No. 2, Art. 388; No. 3, Art. 589; No. 4, Art. 692; No. 8, Art. 1340; No. 11, Art. 1804; No. 13, Art. 2270; No. 16, Art. 2768, 2799; No. 17, Art. 2992; No. 21, Art. 3598, 3604; No. 37, Art. 6515; No. 51, Art. 8852; 2022, No. 10, Art. 1505).

2. Determine that the existing documents on confirmation of production of industrial output in the territory of the Russian Federation issued by the Ministry of Industry and Trade of the Russian Federation and Chamber of Commerce and Industry of the Russian Federation before entry into force of this resolution are valid till April 1, 2023.

3. For the period from the date of entry into force of this resolution and till December 31, 2022 in addition to criteria of confirmation of production of industrial output in the territory of the Russian Federation, stipulated in Item 1 orders of the Government of the Russian Federation of July 17, 2015 No. 719 "About confirmation of production of industrial output in the territory of the Russian Federation" (further - the order of the Government of the Russian Federation of July 17, 2015 No. 719) (in edition of this resolution), are applied the criteria of confirmation of production of industrial output in the territory of the Russian Federation containing one of the following requirements to industrial output imposed for the purpose of its reference to products made in the territory of the Russian Federation (further - requirements to industrial output), established by requirements to industrial output imposed for the purpose of its reference to products made in the territory of the Russian Federation, provided by appendix to the order of the Government of the Russian Federation of July 17, 2015 No. 719 (further - appendix to the order of the Government of the Russian Federation of July 17, 2015 No. 719) (except for products included in Sections II and XII of the specified appendix, and also the products included in the Section IV of the specified appendix and classified by codes by OK 034-2014 (KPES 2008) from 26.11.22.200 "LEDs, including LED modules on chip-on-board technologies and other modifications of assemblies of light-emitting semiconductor crystals", from 27.40.39 "The lamp LED, including other LED lighting products"):

b) concerning products for which the differentiated percentage indicators from the greatest possible number of points are determined (without points for implementation of research and development works) use of documents on confirmation of production of industrial output in the territory of the Russian Federation with percentage indicator without the annual period established by appendix to the order of the Government of the Russian Federation of July 17, 2015 No. 719 (in edition of this resolution), is applied to all measures of the state support, and also for the purposes of the public (municipal) procurements according to the Federal Law "About Contractual System in the field of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" and purchases according to the Federal Law "About Purchases of Goods, Works, Services as Separate Types of Legal Entities";

c) to products for which appendix to the order of the Government of the Russian Federation of July 17, 2015 No. 719 (in edition of this resolution) establishes step-by-step fulfillment of requirements about the cumulative number of points for accomplishment (development) in the territory of the Russian Federation of the corresponding transactions (conditions) or requirements of accomplishment of production and technology operations it is applied without the annual period established for 2022 - 2023, mandatory requirements of accomplishment of production and technology operations, the cumulative number of points for accomplishment (development) in the territory of the Russian Federation of the corresponding transactions (conditions) provided by appendix to the order of the Government of the Russian Federation of July 17, 2015 No. 719 (in edition of this resolution).

4. The Chamber of Commerce and Industry of the Russian Federation in coordination with the Ministry of Industry and Trade of the Russian Federation in case of determination of ad valorem share or percentage cost portion of the used foreign materials (raw materials) and component parts if such determination is provided by Rules of determination of the country of goods' origin in the Commonwealth of Independent States of November 20, 2009, uses when calculating the official ruble exchange rate established by the Central bank of the Russian Federation in relation to US dollar as of February 1, 2022.

5. To Chamber of Commerce and Industry of the Russian Federation:

a) carry out expertize of compliance to the made industrial output to requirements, stipulated in Item 3 orders of the Government of the Russian Federation of April 1, 2022 No. 553 "About some questions of confirmation of production of industrial output in the territory of the Russian Federation" and appendix to the order of the Government of the Russian Federation of July 17, 2015 No. 719 (in edition of this resolution);

b) issue documents on condition of establishment of authenticity and (or) reliability of the data containing in such documents according to the Rules of determination of country of source of separate types of goods for the purposes of the public (municipal) procurements approved by the decision of Council of the Eurasian economic commission of November 23, 2020 No. 105 "About approval of Rules of determination of country of source of separate types of goods for the purposes of the public (municipal) procurements".

6. To the Ministry of Industry and Trade of the Russian Federation:

approve till October 1, 2022 the methodical recommendations containing standard conditions on development of requirements to industrial output including calculation of level of localization in mark system of assessment;

approve till October 1, 2022 the schedule of transition of industrial output of calculation of level of localization in mark system of assessment of the requirements to industrial output provided by appendix to the order of the Government of the Russian Federation of July 17, 2015 No. 719 (in edition of this resolution);

make explanations on the questions connected using this resolution.

7. Recommend to Chamber of Commerce and Industry of the Russian Federation to approve in coordination with the Ministry of Industry and Trade of the Russian Federation till July 1, 2022 methodical recommendations about confirmation of production of industrial output in the territory of the Russian Federation taking into account industry specifics.

8. The subitem "b" of Item 3 of this resolution is applied for acting and to the documents on confirmation of production of industrial output issued from the date of entry into force of this resolution in the territory of the Russian Federation.

The documents on confirmation of production of industrial output in the territory of the Russian Federation issued according to Item 3 of this resolution are effective till April 1, 2023.

9. Determine that Items 6 - 8 and 15 Rules of issue of the conclusion about confirmation of production of industrial output in the territory of the Russian Federation approved by the order of the Government of the Russian Federation of July 17, 2015 No. 719 (in edition of this resolution), do not extend to the legal relationship which arose in case of issue of documents on confirmation of production of industrial output in the territory of the Russian Federation according to Item 3 of this resolution.

10. Declare invalid Item of 1 changes which are made to acts of the Government of the Russian Federation, approved by the order of the Government of the Russian Federation of June 16, 2018 No. 690 "About introduction of amendments to some acts of the Government of the Russian Federation" (The Russian Federation Code, 2018, No. 26, the Art. 3855).

11. This resolution becomes effective from the date of its official publication, except for subitems "a" (except the Section II), "in", "z" and "and" Item of 3 changes approved by this resolution which become effective after 90 days from the date of official publication of this resolution.

Approved by the Order of the Government of the Russian Federation of April 1, 2022 No. 553

Changes which are made to the Order of the Government of the Russian Federation of July 17, 2015 No. 719

1. State Item 1 in the following edition:

"1. Determine that criteria of confirmation of production of industrial output in the territory of the Russian Federation are:

a) availability of the special investment contract signed with participation of the Russian Federation according to article 16 of the Federal law "About Industrial Policy in the Russian Federation", or the special investment contract signed according to Chapter 2.1 of the Federal Law "About Industrial Policy in the Russian Federation" satisfying with one or several of the following conditions:

on the date of application for issue of the conclusion about confirmation of production of industrial output one requirement (condition) or at least one type of production or technology operation is in the territory of the Russian Federation fulfilled at least if the requirement (condition) provides accomplishment of set of the production and technology operations provided by requirements to industrial output imposed for the purpose of its reference to products made in the territory of the Russian Federation the corresponding type according to appendix, and in case of lack of such products in appendix to this resolution, one requirement (condition) or at least one type of production or technology operation provided for industrial output of the corresponding type according to appendix 1 to Rules of determination of the country of goods' origin in the Commonwealth of Independent States is fulfilled at least being integral part of the Agreement on Rules of determination of the country of goods' origin in the Commonwealth of Independent States of November 20, 2009 (further - Rules of determination of the country of goods' origin);

3-year term from the date of the conclusion of the special investment contract signed with participation of the Russian Federation according to article 16 of the Federal law "About Industrial Policy in the Russian Federation" or the special investment contract signed according to Chapter 2.1 of the Federal Law "About Industrial Policy in the Russian Federation" - if on the date of the conclusion of the special investment contract signed with participation of the Russian Federation according to article 16 of the Federal law "About Industrial Policy in the Russian Federation" did not expire, or the special investment contract signed according to Chapter 2.1 of the Federal Law "About Industrial Policy in the Russian Federation" concerning products one requirement provided for industrial output of the corresponding type by appendix to this resolution is fulfilled at least and in case of lack of such products in the specified appendix - appendix 1 to Rules of determination of the country of goods' origin;

3-year term from the date of the beginning of accomplishment concerning industrial output at least of one requirement (condition) provided by appendix to this resolution, and in case of lack of such products in the specified requirements to industrial output - appendix 1 to Rules of determination of the country of goods' origin, - if on the date of the conclusion of the special investment contract signed with participation of the Russian Federation according to article 16 of the Federal law "About Industrial Policy in the Russian Federation" did not expire, or the special investment contract signed according to Chapter 2.1 of the Federal Law "About Industrial Policy in the Russian Federation" concerning products any of requirements (conditions) provided for industrial output of the corresponding type by appendix to this resolution was not carried out and in case of lack of such products in the specified appendix - appendix 1 to Rules of determination of the country of goods' origin;

the special investment contract signed with participation of the Russian Federation according to article 16 of the Federal law "About Industrial Policy in the Russian Federation" or in the special investment contract signed according to Chapter 2.1 of the Federal Law "About Industrial Policy in the Russian Federation" contains one of the following obligations of the investor:

for products concerning which appendix to this resolution establishes requirements to the cumulative number of points for accomplishment (development) in the territory of the Russian Federation of the corresponding transactions (conditions), - the obligation during operation of the special investment contract signed with participation of the Russian Federation according to article 16 of the Federal law "About Industrial Policy in the Russian Federation", or the special investment contract signed according to Chapter 2.1 of the Federal Law "About Industrial Policy in the Russian Federation" about accomplishment (development) of such transactions (conditions) allowing to determine the specified cumulative number of points;

for products concerning which appendix to this resolution establishes requirements to achievement of percentage indicators of cumulative number of points for accomplishment (development) in the territory of the Russian Federation of the corresponding transactions (conditions) from the greatest possible number of points - the obligation during operation of the special investment contract signed with participation of the Russian Federation according to article 16 of the Federal law "About Industrial Policy in the Russian Federation" or the special investment contract signed according to Chapter 2.1 of the Federal Law "About Industrial Policy in the Russian Federation" about accomplishment (development) of such transactions (conditions) allowing to determine percentage indicator of cumulative number of points from the greatest possible number of points (it is not applied to the special investment contracts signed till August 13, 2019);

for products concerning which appendix to this resolution establishes requirements to accomplishment of production and technology operations, - the obligation during operation of the special investment contract signed with participation of the Russian Federation according to article 16 of the Federal law "About Industrial Policy in the Russian Federation", or the special investment contract signed according to Chapter 2.1 of the Federal Law "About Industrial Policy in the Russian Federation" about accomplishment (development) of all transactions provided for products of the corresponding type by appendix to this resolution;

for products which are absent in appendix to this resolution - the obligation during operation of the special investment contract signed with participation of the Russian Federation according to article 16 of the Federal law "About Industrial Policy in the Russian Federation", or the special investment contract signed according to Chapter 2.1 of the Federal Law "About Industrial Policy in the Russian Federation" about accomplishment of all requirements provided for products of the corresponding type by appendix 1 to Rules of determination of the country of goods' origin;

b) availability of the appraisal certificate of Chamber of Commerce and Industry of the Russian Federation about the compliance to the made industrial output to the requirements provided by appendix to this resolution issued by Chamber of Commerce and Industry of the Russian Federation according to the procedure, determined by it in coordination with the Ministry of Industry and Trade of the Russian Federation;

c) availability of the act of evaluating by Chamber of Commerce and Industry the Russian Federation about compliance to the made industrial output to the requirements provided by appendix to this resolution concerning which the Ministry of Industry and Trade of the Russian Federation issues the conclusion about the confirmation of production of industrial output in the territory of the Russian Federation according to the procedure determined by it in coordination with the Ministry of Industry and Trade of the Russian Federation;

d) availability of the certificate of origin (products) on which the Russian Federation is the country of goods' origin (products), the State Party issued by authorized body (organization) for the form established by Rules of determination of the country of goods' origin, and according to the criteria of determination of the country of goods' origin provided by Rules of determination of the country of goods' origin, in case of lack of the made industrial output in appendix to this resolution.".

2. Item 2 (to declare 1) invalid.

3. In appendix to the specified resolution:

a) state Sections I and II in the following edition:

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