ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of August 12, 2008 No. 605

About approval of Rules for apportionment of quotas of production (catch) of water biological resources for implementation of industrial fishery on the continental shelf of the Russian Federation and in exclusive economic zone of the Russian Federation

According to part 2 of article 31 of the Federal law "About Fishery and Preserving Water Biological Resources" Government of the Russian Federation decides:

Approve the enclosed Rules for apportionment of quotas of production (catch) of water biological resources for implementation of industrial fishery on the continental shelf of the Russian Federation and in exclusive economic zone of the Russian Federation.

Approved by the Order of the Government of the Russian Federation of August 12, 2008 No. 605

Rules for apportionment of quotas of production (catch) of water biological resources for implementation of industrial fishery on the continental shelf of the Russian Federation and in exclusive economic zone of the Russian Federation

1. These rules establish procedure for distribution of quotas of production (catch) for water biological resources (further - water bioresources) for implementation of industrial fishery on the continental shelf of the Russian Federation and in exclusive economic zone of the Russian Federation (further - industrial quotas) between the legal entities and individual entrepreneurs registered in the Russian Federation according to the Federal Law "About State Registration of Legal Entities and Individual Entrepreneurs" (further - applicants).

The legal entities specified in paragraph one of this Item shall not be under control of the foreign investor, except for case if control of the foreign investor concerning such legal entities is established according to the procedure, provided by the Federal Law "About Procedure of Foreign Investments in the Economic Societies Having Strategic Importance for Ensuring Defense of the Country and Safety of the State".

2. Industrial quotas are distributed between applicants by the conclusion of contracts with them on fixing of shares of quotas of production (catch) of water bioresources for 10 years based on the data of the state fishery register on amount got (caught) applicants water bioresources in 9 years preceding settlement year (further - shares).

3. The applicant applying for fixing behind it of share submits to Federal Agency for Fishery from August 15 to September 30 settlement year the letter request directly or the mailing or electronically in the form of the electronic document signed by the digital signature or with use of the federal state information system "Single Portal of the State and Municipal Services (Functions)".

The commitment form affirms the Ministry of Agriculture of the Russian Federation.

3(1). In the request the following data are specified:

a) the complete and reduced names, the location, bank details, identification taxpayer number, the primary state registration number, contact telephone number - for the legal entity;

b) surname, name, middle name (in the presence), data of the identity document, the residence, bank details, identification taxpayer number, the insurance number of the individual ledger account in system of mandatory pension insurance, contact telephone number - for the individual entrepreneur;

c) data on availability (absence) of unexecuted obligation on tax payment, charges, penalty fee and tax sanctions which are subject to payment in accordance with the legislation of the Russian Federation;

d) data on stay or not finding of the applicant under control of the foreign investor - for the legal entity;

e) data on the decision of Federal Antimonopoly Service which is drawn up based on the decision of Russian Government Commission on Foreign Investments - for the legal entity if control of the foreign investor concerning such legal entity is established according to the procedure, provided by the Federal Law "About Procedure of Foreign Investments in the Economic Societies Having Strategic Importance for Ensuring Defense of the Country and Safety of the State".

4. The following documents are attached to the request:

a) ceased to be valid;

b) the document confirming powers of the person for implementation of actions on behalf of the applicant (in case of need);

c) copies of the documents confirming property rights of the applicant on the vessels of the fishery fleet belonging to them on the property right or used based on agreements of chartering (bare-boat charter or the time-charter), used for trade of water bioresources within 9 years preceding settlement year, and at the time of application, registered in the procedure established by the legislation of the Russian Federation (the certificate on the property right to the vessel, the ship ticket (for small size vessels), the agreement of bare-boat charter or the time-charter (for the courts used based on agreements of chartering), the certificate on the validity of the vessel to swimming, and also the classification certificate of the vessel if the legislation of the Russian Federation provides issue of such certificate);

d) ceased to be valid according to the Order of the Government of the Russian Federation of 03.08.2012 No. 796

4(1). The Federal Agency for Fishery within 1 working day from the date of application and the documents attached to it requests by means of interdepartmental request, including electronically with use of single system of interdepartmental electronic interaction in the Federal Tax Service, concerning the applicant the following data:

a) data from the Unified State Register of Legal Entities (Unified State Register of Private Entrepreneurs);

b) data on availability (absence) of unexecuted obligation on tax payment, charges, penalty fee and tax sanctions which are subject to payment in accordance with the legislation of the Russian Federation.

4(2). The Federal Tax Service represents to Federal Agency for Fishery in shape in which the interdepartmental request arrived:

a) the data specified in the subitem "an" of item 4 (1) these rules, - within 1 working day from the date of receipt of request;

b) the data specified in the subitem "b" of item 4 (1) these rules, - within 5 working days from the date of receipt of request.

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