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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 29, 2023 No. 2367

About requirements to the banks and bank guarantees used for the purposes of the Federal Laws "About Concessionary Agreements", "About Public-private Partnership, Municipal and Private Partnership in the Russian Federation and Modification of Separate Legal Acts of the Russian Federation"

According to Articles 10, of 36, and Articles 19, of 32, 32.3 Federal Laws "About Public-private Partnership, Municipal and Private Partnership in the Russian Federation and Modification of Separate Legal Acts of the Russian Federation" Government of the Russian Federation decide 38.1 and 38.4 Federal Laws "About Concessionary Agreements":

1. Approve enclosed:

requirements to banks in which the bank deposit (deposit) of the concessionary on which rights can be pledged by the concessionary to the concedent, and the insurance companies or foreign insurance companies having the right according to the Law of the Russian Federation "About the organization of insurance case in the Russian Federation" to perform insurance activity in the territory of the Russian Federation with which the concessionary can sign the insurance contract of risk of responsibility for violation of obligations according to the concessionary agreement can be open;

requirements to banks which have the right to issue the irrevocable bank guarantees provided as tender security on participation in tender on the right of the conclusion of the concessionary agreement, agreement on public-private partnership, agreements on municipal and private partnership and ensuring obligation fulfillment of the concessionary according to the concessionary agreement, the private partner in the agreement on public-private partnership and the agreement on municipal and private partnership;

requirements to the irrevocable bank guarantees provided as tender security on participation in tender on the right of the conclusion of the concessionary agreement, agreement on public-private partnership, agreements on municipal and private partnership and ensuring obligation fulfillment of the concessionary according to the concessionary agreement, the private partner in the agreement on public-private partnership and the agreement on municipal and private partnership;

the list of the documents submitted by the concedent, the public partner to the guarantor along with the requirement about implementation of payment of sum of money for the irrevocable bank guarantee provided as tender security on participation in tender on the right of the conclusion of the concessionary agreement, agreement on public-private partnership, agreements on municipal and private partnership or ensuring obligation fulfillment of the concessionary according to the concessionary agreement, the private partner in the agreement on public-private partnership and the agreement on municipal and private partnership;

rules of provision of the irrevocable bank guarantee provided as tender security on participation in open tender on the right of the conclusion of the concessionary agreement, agreement on public-private partnership and agreements on municipal and private partnership electronically;

form of the requirement about implementation of payment of sum of money for the irrevocable bank guarantee.

2. Recognize invalid:

the order of the Government of the Russian Federation of June 15, 2009 No. 495 "About establishment of requirements to the concessionary concerning the banks providing irrevocable bank guarantees, banks in which the bank deposit (deposit) of the concessionary on which rights can be pledged by the concessionary to the concedent can be open and concerning insurance companies, the foreign insurance companies having the right according to the Law of the Russian Federation "About the organization of insurance case in the Russian Federation" to perform insurance activity in the territory of the Russian Federation with which the concessionary can sign the insurance contract of risk of responsibility for violation of obligations according to the concessionary agreement" (The Russian Federation Code, 2009, No. 25, of the Art. 3076);

Item of 28 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 August 26, 2013 No. 739 "About single questions of state regulation, control and supervision in the sphere of the financial market of the Russian Federation" (The Russian Federation Code, 2013, No. 36, the Art. 4578);

item 4 of 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 August 17, 2021 No. 1353 "About introduction of amendments to some acts of the Government of the Russian Federation and recognition voided separate provision of the act of the Government of the Russian Federation" (The Russian Federation Code, 2021, No. 34, the Art. 6206).

3. This resolution is effective till September 1, 2029 inclusive.

Russian Prime Minister

M. Mishustin

Approved by the Order of the Government of the Russian Federation of December 29, 2023 No. 2367

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