DECISION OF COUNCIL OF THE EURASIAN ECONOMIC COMMISSION

of August 29, 2023 No. 87

About some questions of mutual recognition of bank guarantees when implementing the public (municipal) procurements in state members of the Eurasian Economic Union

According to articles 3 and 4 of the Agreement on mutual recognition of bank guarantees when implementing the public (municipal) procurements Council of the Eurasian economic commission solved:

1. Approve enclosed:

Procedure for exchange of information for the purpose of mutual recognition of bank guarantees when implementing the public (municipal) procurements in state members of the Eurasian Economic Union;

the list of criteria to which there shall correspond guarantors of state members of the Eurasian Economic Union performing issue of bank guarantees for the purposes of participation in the public (municipal) procurements in other state members.

2. This Decision becomes effective after 30 calendar days from the date of its official publication, but not earlier than the date of entry into force of the Agreement on mutual recognition of bank guarantees when implementing the public (municipal) procurements.

Members of council of the Eurasian economic commission:

Approved by the Decision of Council of the Eurasian economic commission of August 29, 2023, No. 87

Procedure for exchange of information for the purpose of mutual recognition of bank guarantees when implementing the public (municipal) procurements in state members of the Eurasian Economic Union

I. General provisions

1. This Procedure is developed according to item 4 of article 4 of the Agreement on mutual recognition of bank guarantees when implementing the public (municipal) procurements (further - the Agreement) and establishes structure of the state member of the Eurasian Economic Union which is subject to the direction authorized body (further respectively - authorized body, state member) principal (the potential supplier or the supplier to whom the bank guarantee) to authorized body of state member of the beneficiary is provided (the customer for benefit of whom the bank guarantee is issued) to information for inclusion of the guarantor in the list of guarantors of state member of the beneficiary placed on the web portal on the Internet if other location is not stipulated by the legislation state member of the beneficiary (further - the list of guarantors), and information for the guarantor's exception of the list of guarantors, and also procedure for exchange of such information.

2. For the purposes of this Procedure the concepts defined by the Agreement and the Agreement on the Eurasian Economic Union of May 29, 2014 are used.

3. Interaction of the authorized bodies responsible for implementation of the Agreement, information on which according to article 7 of the Agreement is provided by state members in the Eurasian economic commission, is performed by exchange of information provided by this Procedure on paper signed by the head or other official of authorized body to addresses, information on which is posted on the official site of the Eurasian Economic Union. When ensuring mutual recognition of the digital signature (digital signature) made according to the legislation of one state member, other state member such exchange it is performed by exchange of electronic documents.

II. Interaction of authorized bodies in case of inclusion of guarantors in the list of guarantors

4. The authorized body of state member of principal sends to authorized body of state member of the beneficiary information on the guarantor conforming to requirements of article 3 of the Agreement with indication of full name of the guarantor, its location and number identifying the guarantor as the taxpayer of state member.

5. The authorized body of state member of the beneficiary within 5 working days from the date of following behind day of obtaining the stipulated in Item 4 presents of the Procedure for information includes the guarantor in the list of guarantors.

III. Interaction of authorized bodies in case of exception of guarantors of the list of guarantors

6. The authorized body of state member of the principal within 5 working days from the date of following behind day of receipt by it of data on approach concerning the guarantor of one or several cases, stipulated in Item 2 articles 4 of the Agreement sends information on the guarantor who is subject to exception of the list of guarantors to authorized body of state member of the beneficiary. Such information shall contain the information about the guarantor (full name, the location and number identifying the guarantor as the taxpayer of state member), and also about the case (cases) which is the basis for exception of such guarantor of the list of guarantors.

7. The authorized body of state member of the beneficiary within 5 working days from the date of following behind day of receipt of information specified in Item 6 of this Procedure excludes the guarantor from the list of guarantors.

8. In case of obtaining by authorized body of state member of the beneficiary of data on approach concerning the guarantor of one or several cases, stipulated in Item 2 articles 4 of the Agreement, within 5 working days from the date of, the receipt of such data following behind day, sends such data to authorized body of state member of principal with indication of concerning the guarantor the stipulated in Item 4 presents of the Procedure for information, and also the case (cases) which is the basis for exception of such guarantor of the list of guarantors.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info