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AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF BELARUS AND GOVERNMENT OF THE RUSSIAN FEDERATION

of September 28, 2023

About mutual recognition of bank guarantees when implementing the public (municipal) procurements

The government of the Republic of Belarus and the Government of the Russian Federation which are hereinafter referred to as by the Parties

based on provisions of the Agreement on creation of the Union State of December 8, 1999,

expressing interest in strengthening of mutual cooperation in the field of the public (municipal) procurements on long-term and stable basis,

sharing aspiration in providing easy access of potential suppliers (contractors, contractors) registered in the territory of the state of one Party to participation in the public (municipal) procurements which are carried out in the state of other Party

relying on the principles of equality and mutual advantage taking into account economic interests of each of the states of the Parties,

in view of need of proper protection of the rights of customers (beneficiaries) when implementing the public (municipal) procurements,

agreed as follows:

Article 1

The terms used in this agreement mean the following:

"bank guarantee" - guarantee (independent guarantee) issued by the guarantor registered in the state of one Party for providing obligations which providing is stipulated by the legislation the states of other Party in the field of the public (municipal) procurements;

"the customer (beneficiary)" - person conducting procurement according to the legislation of the state of the Party in the field of the public (municipal) procurements for benefit of which the bank guarantee is issued;

"principal" - the potential supplier to whom the bank guarantee is provided;

"the register of bank guarantees of the state of the Party" - the register containing stipulated by the legislation the states of the Party in the field of the public (municipal) procurements information on the issued bank guarantees including for the purposes of the public (municipal) procurements.

Article 2

Subject of this agreement is ensuring mutual recognition of the bank guarantees issued by the guarantors registered in the territory of the state of the Party of principal for the purposes of the public (municipal) procurements conducted by the customer (beneficiary) of the state of other Party.

Action of this agreement does not extend:

on the public (municipal) procurements, data on which according to the legislation of each of the states of the Parties are the state secret (the state secrets);

on the procurements conducted by national (central) banks of the states of the Parties.

Article 3

The bank guarantees issued in the Russian Federation and the bank guarantees issued in the Republic of Belarus are recognized according to this agreement corresponding (equivalent) for the purposes of the public (municipal) procurements.

Article 4

The guarantor shall be bank according to the legislation of the state of the Party of principal and conform to the following requirements:

absence applied to the guarantor by the Central bank of the Russian Federation or National Bank of the Republic of Belarus of measures for the prevention of economic insolvency (bankruptcy) of the guarantor and to improvement of financial condition of the guarantor (financial improvement) within 6 last months;

availability at the guarantor registered in the territory of the state of one Party, credit rating, the requirement to which level is stipulated by the legislation the states of other Party in the field of the public (municipal) procurements (if such legislation provides requirements to the level of credit rating of the guarantor).

The guarantor registered in the territory of the state of the Party of principal for the purpose of issue of the bank guarantee for participation in the public (municipal) procurements of the customer (beneficiary) of the state of other Party shall be included in the list of guarantors of the state of the Party of the customer (beneficiary) according to the procedure, established by the legislation of the state of the Party of the customer (beneficiary) in the field of the public (municipal) procurements (if such legislation provides relevant requirements), based on information obtained by authorized body of the state of the Party of the customer (beneficiary) from authorized body of the state of the Party of principal.

Article 5

The guarantor registered in the territory of the state of the Party of principal is excluded from stipulated in Article 4 this agreements of the list of guarantors of the state of the Party of the customer (beneficiary) in cases:

discrepancies of the guarantor included in the specified list, to requirements of this agreement;

unreasonable non-execution or improper execution of the obligations according to the bank guarantee confirmed judicially;

submissions of the written application of the guarantor about exception of the specified list.

The guarantor's exception from stipulated in Article 4 this agreements of the list does not attract cancellation of the bank guarantees issued to them and accepted by the customer (beneficiary) and does not exempt the guarantor from liability for non-execution or improper execution of conditions of such bank guarantees.

The guarantor excluded from stipulated in Article 4 this agreements of the list can be repeatedly included in the specified list in case of its compliance to the requirements established by this agreement.

Article 6

For the purpose of maintaining the customer (beneficiary) by the state of the Party stipulated in Article 4 this agreements of the list information on the guarantor registered in the territory of the state of the Party of principal and also information on approach of cases, stipulated in Article the 5th this agreement, is subject to the direction authorized body of the state of the Party of principal in authorized body of the state of the Party of the customer (beneficiary) within 5 days from the date of identification of the specified circumstances.

Article 7

The bank guarantee issued by the guarantor shall conform to requirements of the legislation of the state of the Party of the customer (beneficiary) and to be included in the register of bank guarantees of the state of the Party of the customer (beneficiary) according to the procedure, established by the legislation of the state of the Party of the customer (beneficiary) in the field of the public (municipal) procurements if such legislation provides requirements about inclusion of the issued bank guarantees in the register of bank guarantees.

The legislation of the state of the Party of the customer (beneficiary) is applied to the relations connected with representation by the customer (beneficiary) to the guarantor of the requirement for the bank guarantee and consideration of such requirement by the guarantor.

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