ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of January 28, 2023 No. 118

About measures for implementation of the Presidential decree of the Russian Federation of December 27, 2022 No. 961

In pursuance of the Presidential decree of the Russian Federation of December 27, 2022 "About application of special economic measures in the fuel and energy sphere in connection with establishment some marginal foreign states of price for the Russian oil and oil products" the Government of the Russian Federation decides No. 961:

1. Approve enclosed:

the list of commodity codes according to the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union to which provisions of the Presidential decree of the Russian Federation of December 27, 2022 No. 961 "About application of special economic measures in the fuel and energy sphere in connection with establishment by some marginal foreign states of price for the Russian oil and oil products" are applied;

Rules of implementation of monitoring of execution of Item 1 of the Presidential decree of the Russian Federation of December 27, 2022 No. 961 "About application of special economic measures in the fuel and energy sphere in connection with establishment by some marginal foreign states of price for the Russian oil and oil products".

2. For the purpose of realization of the prohibition established by the Presidential decree of the Russian Federation of December 27, 2022 No. 961 "About application of special economic measures in the fuel and energy sphere in connection with establishment by some marginal foreign states of price for the Russian oil and oil products" (further - the Decree):

a) Ministry of Energy of the Russian Federation:

sends to the Federal Customs Service the list of regulatory legal acts and other decisions of bodies and (or) officials of the United States of America and the foreign states and the international organizations imposing ban on maritime transports of goods, rendering the services connected with such transportations which is applied in case of realization of the Russian goods at the prices above the marginal price established by the specified foreign states and the international organizations (further respectively - the mechanism of marginal fixing of price, acts of the unfriendly states) which adjoined them;

performs on regular basis according to the Rules approved by this resolution, monitoring of execution of Item 1 of the Decree;

b) the legal entities and physical persons which signed contracts to deliver goods which list of codes affirms this resolution (further - goods), for export (further - participants of foreign economic activity) shall:

not allow availability in contracts to deliver goods to foreign legal entities and physical persons (including to the brokers and (or) agents performing trade in goods), including in amendments to them (in the presence) and other documents which are integral parts of such contracts (further - contracts to deliver goods), regulations on use of the mechanism of marginal fixing of price, namely provisions providing determination of the price according to acts of the unfriendly states, and (or) other regulations on compliance of sales price of the goods to any limit of the price and (or) limiting sales price of goods;

provide on the deliveries of goods performed based on contracts to deliver goods, monitoring of non-use of the mechanism of marginal fixing of price to the final buyer;

in case of identification during the monitoring provided by the paragraph third this subitem, information supported by the documents on use of the mechanism of marginal fixing of price to the final buyer in defiance of Item 1 of the Decree:

within 5 working days from the date of detection of such information to send data on it to customs authority in which declaration of goods, and also in the Ministry of Energy of the Russian Federation was performed;

within 30 calendar days from the date of detection of such information to take measures for elimination of such violation of Item 1 of the Decree;

after the term provided by the paragraph the sixth this subitem within 5 working days to send to customs authority in which declaration of goods, the notification on elimination or on impossibility of elimination of violation of Item 1 of the Decree was performed;

present in case of customs declaration of goods in customs authority in the form of the electronic document:

the contract to deliver goods according to which the price of the delivered goods is determined;

the statement of the customs applicant confirming absence in the contract to deliver goods of regulations on use of the mechanism of marginal fixing of price;

submit to the Ministry of Energy of the Russian Federation documents and information according to the Rules approved by this resolution;

c) customs authorities when carrying out the customs transactions connected with goods placement under customs procedure perform verification of the documents submitted according to paragraphs the eighth - the tenth the subitem "b" of this Item.

In case of identification by customs authorities in case of customs declaration of goods of cases of use of the mechanism of marginal fixing of price measures for commodity exportation prohibition for such contracts about day of elimination of conditions according to which such decision is made, and also the decision on refusal in release of goods are taken.

Information on the decisions on refusal made by customs authorities in release of goods and about prohibition of commodity exportation goes to Russian Railways open joint stock company and Transneft public joint stock company for taking measures, such goods directed to non-admission of export through frontier of the Russian Federation with state members of the Eurasian Economic Union.

In case of receipt in customs authorities from the participant of foreign economic activity of the notification provided by the paragraph the seventh the subitem "b" of this Item on impossibility of elimination of violation of Item 1 of the Decree revealed during the monitoring provided by the paragraph third the subitem "b" of this Item, customs authorities make decisions on refusal in release of goods and on prohibition of export of subsequent deliveries of goods under the relevant contract;

d) The Federal Customs Service sends to the Ministry of Energy of the Russian Federation information on decisions of customs authorities on refusal in release of goods and about prohibition of commodity exportation, accepted according to paragraphs the second and fourth the subitem "v" of this Item, in the terms determined by the Rules approved by this resolution.

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