ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of November 16, 2022 No. 2073

About approval of Rules of carrying out audit within realization of provisions of the Presidential decree of the Russian Federation of October 7, 2022 No. 723

In pursuance of the subitem "l" of Item 1 of the Presidential decree of the Russian Federation of October 7, 2022 "About application of additional special economic measures in the fuel and energy sphere in connection with unfriendly actions of some foreign states and the international organizations" the Government of the Russian Federation decides No. 723:

Approve the enclosed Rules of carrying out audit within realization of provisions of the Presidential decree of the Russian Federation of October 7, 2022 No. 723.

Approved by the Order of the Government of the Russian Federation of November 16, 2022 No. 2073

Rules of carrying out audit within realization of provisions of the Presidential decree of the Russian Federation of October 7, 2022 No. 723

1. These rules determine procedure for preparation and approval of the report on results of carrying out audit of the activities of foreign legal entities (their branches) and (or) physical persons connected with execution of the Production sharing agreement concerning development of fields of Chayvo, Odopta and Arkutun-Dagi imprisoned on June 30, 1995 (further - the Agreement), according to the subitem "l" of Item 1 of the Presidential decree of the Russian Federation of October 7, 2022 No. 723 "About application of additional special economic measures in the fuel and energy sphere in connection with unfriendly actions of some foreign states and the international organizations" (further - the Decree).

2. As audit for the purposes of implementation of the subitem "l" of Item 1 of the Decree it is understood the analysis of the activities of foreign legal entities (their branches) and (or) physical persons connected with execution of the Agreement.

3. The Ministry of Finance of the Russian Federation books financial audit, the Federal Service for Environmental, Technological and Nuclear Supervision books technological audit, the Federal Nature Management Supervision Service books environmental audit if necessary with attraction of the interested federal executive bodies and the organizations.

4. Ministry of Energy of the Russian Federation can address to the Government of the Russian Federation with the offer on carrying out other audit with indication of on need of attraction of the interested federal executive bodies and the organizations for carrying out other audit.

The government of the Russian Federation, the Russian Prime Minister, the First Deputy Prime Minister of the Russian Federation, Deputy Prime Ministers of Russia can give the assignment to federal executive bodies about ensuring carrying out such audit.

5. Carrying out audit is performed within 60 days from the date of entry into force of the decision of the Government of the Russian Federation on approval of the list of persons concerning whose activities audit is booked.

6. Audit is booked for the entire period of operation of the Agreement.

7. The Ministry of Finance of the Russian Federation, Federal Nature Management Supervision Service, Federal Service for Environmental, Technological and Nuclear Supervision and federal executive bodies specified in Item 3 of these rules within 15 days from the date of the end of audit represent to the Ministry of Energy of the Russian Federation the materials prepared following the results of audit which may contain assessment of the extent of the caused damage including caused as a result of non-execution by the foreign party of consortium of requirements of the subitem "k" of Item 1 of the Decree, in terms of money and the list of persons to whom it is offered to assign obligations on its compensation according to the subitem "m" of Item 1 of the Decree for the purpose of execution of the subitem "n" of Item 1 of the Decree.

8. The actions performed within audit are not the control (supervising) actions performed within control (supervision) by the federal executive bodies specified in Item 7 of these rules.

9. As primary documentation for carrying out audit can be used including materials of Audit Chamber of the Russian Federation, control (supervising) actions of federal executive bodies, materials of law enforcement agencies, and also other data obtained from official sources.

10. Preparation of the report on audit is performed by the Ministry of Energy of the Russian Federation taking into account the materials prepared following the results of audit according to Item 7 of these rules.

11. In case of identification following the results of audit of the facts of causing damage in the report on audit by the Ministry of Energy of the Russian Federation are subject to inclusion of the data on assessment of the caused damage including caused as a result of non-execution by the foreign party of consortium of requirements of the subitem "k" of Item 1 of the Decree revealed by results of audit, in terms of money, and also the list of persons to whom it is offered to assign obligations on compensation of the caused damage according to the subitem "m" of Item 1 of the Decree for the purpose of execution of the subitem "n" of Item 1 of the Decree.

12. Within implementation of assessment of the caused damage the Ministry of Finance of the Russian Federation, Federal Nature Management Supervision Service, Federal Service for Environmental, Technological and Nuclear Supervision, the Ministry of Energy of the Russian Federation and other federal executive bodies specified in Item 3 of these rules can attract the interested federal executive bodies and the organizations.

13. The report on audit shall be signed by the Minister of Energy of the Russian Federation, the Minister of Finance of the Russian Federation, Heads of the Federal Service for the Oversight of Natural Resources, Federal Service for Environmental, Technological and Nuclear Supervision and other federal executive bodies specified in Item 3 of these rules.

14. Ministry of Energy of the Russian Federation sends to the Government of the Russian Federation no later than January 1, 2025 the report on audit prepared following the results of audit according to Item 7 of these rules.

In the case specified in Item 11 of these rules, the Ministry of Energy of the Russian Federation in time, specified in paragraph one of this Item, sends to the Government of the Russian Federation the draft decision of the Government of the Russian Federation about establishment of the extent of the caused damage and determination of persons to whom obligations on its compensation according to the subitem "m" of Item 1 of the Decree for the purpose of execution of the subitem "n" of Item 1 of the Decree are assigned.

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