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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of November 1, 2008 No. 803

About approval of Rules of provision of the state guarantees of the Russian Federation in foreign currency for rendering the state support of export of industrial output (goods, works, services)

(as amended on 02-12-2015)

The government of the Russian Federation decides:

1. Approve the enclosed Rules of provision of the state guarantees of the Russian Federation in foreign currency for rendering the state support of export of industrial output (goods, works, services).

2. According to part 4 of article 22 of the Federal law "About the Federal Budget for 2008 and for Planning Period of 2009 and 2010" to determine that the Ministry of Finance of the Russian Federation has the right within the amounts determined by the Program of the state guarantees of the Russian Federation in foreign currency for 2008 to provide in 2008 the state guarantees of the Russian Federation in foreign currency for support of export of industrial output in the amount of which is not exceeding the amount equivalent to 50 million US dollars on each state guarantee of the Russian Federation.

3. To the Ministry of Finance of the Russian Federation in case of project development of the Federal Law on the federal budget for the next financial year and for planning period to provide funds for obligation fulfillment on the state guarantees of the Russian Federation in foreign currency provided for rendering the state support of export of industrial output (goods, works, services).

4. Declare invalid Item 15 of the order of the Government of the Russian Federation of November 14, 2007 N 778 "About measures for implementation of the Federal Law "About the Federal Budget for 2008 and for Planning Period of 2009 and 2010" (The Russian Federation Code, 2007, N 48, the Art. 6000).

5. The "Development Bank and Foreign Economic Activity (Vnesheconombank)" state corporation to perform functions of the agent of the Government of the Russian Federation concerning provision and execution of the state guarantees of the Russian Federation for rendering the state support of export of industrial output (goods, works, services), including concerning conducting analytics of the provided state guarantees of the Russian Federation, obligations of principal, his guarantors (guarantors) and other persons in front of the Russian Federation on behalf of the Ministry of Finance of the Russian Federation who arose in connection with provision and execution of the state guarantees of the Russian Federation and also concerning financial analysis and debt collection of specified persons.

6. To the national specialized Russian export-import bank (joint-stock company) to perform functions of the agent of the Government of the Russian Federation concerning ensuring the state support of export of industrial output (goods, works, services) (except for questions of provision and execution of the state guarantees of the Russian Federation) according to the Rules of provision of the state guarantees of the Russian Federation in foreign currency for rendering the state support of export of industrial output (goods, works, services) approved by this resolution.

Russian Prime Minister

V. Putin

 

Approved by the Order of the Government of the Russian Federation of November 1, 2008 No. 803

Rules of provision of the state guarantees of the Russian Federation in foreign currency for rendering the state support of export of industrial output (goods, works, services)

I. General provisions

1. These rules determine procedure and conditions of provision of the state guarantees of the Russian Federation in foreign currency for rendering the state support of export of industrial output (goods, works, services) (further - the state guarantees), and also procedure and conditions of obligation fulfillment on the state guarantees.

2. According to these rules the state guarantees are provided in ensuring obligation fulfillment:

a) importers on the payment delivered under the export contracts signed by importers with the Russian exporters, industrial output (goods, works, services);

b) importers on the credits (regarding return of credit amount (repayment of principal debt) and (or) interest payment for use of the loan), attracted by importers in foreign currency on the purpose of payment of industrial output (goods, works, services) under the export contracts signed by importers with the Russian exporters;

c) the Russian exporters on the credits (regarding return of credit amount (repayment of principal debt) and (or) interest payment for use of the loan), attracted by the Russian exporters in foreign currency on the purpose of production of the industrial output (goods, works, services) exported by them;

d) foreign states on the state guarantees of these foreign states provided in ensuring obligation fulfillment of importers on payment of the industrial output (goods, works, services) delivered under the export contracts signed by importers with the Russian exporters;

e) foreign states on the state guarantees of these foreign states provided in ensuring obligation fulfillment of importers on the credits (regarding obligations on return of credit amount (repayment of principal debt) and (or) interest payment for use of the loan), attracted by importers on the purpose of payment of industrial output (goods, works, services) under the export contracts signed by importers with the Russian exporters;

e) The national specialized Russian export-import bank (joint-stock company) (further - the ROSEKSIMBANK joint-stock company) on the loans attracted by the ROSEKSIMBANK joint-stock company in foreign currency on the purpose of support of export of industrial output (goods, works, services) regarding obligations on return of credit amount and (or) interest payment for use of the credit;

g) the Russian exporters of industrial output (goods, works, services) in the agreements on provision of bank guarantees (tender, advance, execution of export contracts) signed by the "Development Bank and Foreign Economic Activity (Vnesheconombank)" state corporation (further - Vnesheconombank) or the ROSEKSIMBANK joint-stock company with the Russian exporters, regarding obligations on satisfaction of the recourse requirements of Vnesheconombank or ROSEKSIMBANK joint-stock company to the Russian exporters which arose in connection with execution by Vnesheconombank or the ROSEKSIMBANK joint-stock company of the bank guarantees provided in ensuring execution of the corresponding obligations of the Russian exporters;

h) the ROSEKSIMBANK joint-stock company according to its bank guarantees (tender, advance, execution of export contracts) provided in ensuring execution of the corresponding obligations of the Russian exporters of industrial output (goods, works, services);

i) Vnesheconombank according to its bank guarantees (tender, advance, execution of export contracts) provided in ensuring execution of the corresponding obligations of the Russian exporters of industrial output (goods, works, services).

3. The agent on questions of provision and execution of the state guarantees involved by the Government of the Russian Federation according to the Federal Law on the federal budget for the corresponding financial year and planning period (further - the state guarantees agent), for the purpose of provision of the state guarantees, maintenances and execution of the provided state guarantees, debt collection including performs:

a) check and the analysis of the documents submitted according to these rules on compliance to the requirements established by these rules and other regulatory legal acts of the Russian Federation (in cases when the legislation of the Russian Federation is applicable), check of accomplishment of the conditions of provision of the state guarantees established by these rules, preparation and submission to the Ministry of Finance of the Russian Federation of the conclusions specified in Item 28 of these rules;

b) registration (including signing by the authorized officer of the agent on the state guarantees on behalf of the Ministry of Finance of the Russian Federation based on the power of attorney of the Ministry of Finance of the Russian Federation) agreements on provision of the state guarantees, the state guarantees, agreements (deed polls) on ensuring execution of recourse requirements of the Russian Federation on behalf of the Ministry of Finance of the Russian Federation to principals in connection with execution in full or in any part of the state guarantees (including making in the established cases of the actions directed to state registration (other registration) in accordance with the established procedure of transactions about providing and (or) the rights (transition of the rights, encumbrance) on them), other documents connected with provision of the state guarantees;

c) registration (including signing by the authorized officer of the agent on the state guarantees on behalf of the Ministry of Finance of the Russian Federation based on the power of attorney of the Ministry of Finance of the Russian Federation) agreements on concession of the rights of requirements, other documents connected with concession of the rights of requirements according to agreements on concession of the rights of requirements, making in the established cases of the actions directed to state registration (other registration) in accordance with the established procedure of concession (transition to the Russian Federation) of the rights of requirements according to agreements on concession of the rights of requirements;

d) conducting analytics of the provided state guarantees, obligations provided with the state guarantees and other related obligations (depending on type of the state guarantees), monetary commitments of the principals and other persons in front of the Russian Federation on behalf of the Ministry of Finance of the Russian Federation who arose in connection with provision and execution of the state guarantees;

e) provision for and on behalf of the Ministry of Finance of the Russian Federation according to the procedure, the established these rules and agreements on provision of the state guarantees, consent to modification of the obligations provided with the state guarantees and other related obligations (depending on type of the state guarantees), on introduction of amendments to agreements (deed polls) and agreement cancelation (deed polls) about other along with the state guarantees the ensuring obligation fulfillment of principals provided for benefit of beneficiaries;

e) in case of establishment of the facts of non-execution or improper execution by persons specified in appropriate section of these rules (depending on type of the state guarantees), obligations previously to approve with the state guarantees agent acting for and on behalf of the Ministry of Finance of the Russian Federation, modification of the obligations provided with the state guarantees and other related obligations (depending on type of the state guarantees), introduction of amendments to agreements (deed polls) and agreement cancelation (deed polls) about other along with the state guarantees the ensuring obligation fulfillment of principals provided for benefit of beneficiaries - preparation and submission to the Ministry of Finance of the Russian Federation within 5 working days of the motivated conclusions about approach of circumstances (cases), the state guarantees and unilateral refusal of the Ministry of Finance of the Russian Federation of execution of agreements on provision of the state guarantees which are the basis for response;

g) financial analysis of the principals created in accordance with the legislation of the Russian Federation - the legal entities and legal entities who provided for benefit of the Russian Federation on behalf of the Ministry of Finance of the Russian Federation in ensuring execution of recourse requirements of the Russian Federation to principals bank guarantees or guarantees - after provision of the state guarantees during effective period of the state guarantees, agreements on provision of the state guarantees, bank guarantees and guarantee agreements at least once a year. Following the results of the analysis the state guarantees agent performs preparation and submission to the Ministry of Finance of the Russian Federation of the corresponding conclusions. Financial analysis of the specified legal entities (taking into account the debt load accepted by them in connection with the conclusion of agreements (provision of deed polls) in ensuring obligation fulfillment on which the state guarantees, or in connection with provision of bank guarantees, guarantees respectively are provided) is performed according to the procedure, established by the state guarantees agent. For the purpose of carrying out financial analysis of legal entities the state guarantees agent has the right to request all necessary documents;

h) monitoring of financial condition of the foreign states and principals having the location outside the territory of the Russian Federation created according to the legislation - the legal entities and legal entities who provided for benefit of beneficiaries as other along with the state guarantees of ensuring obligation fulfillment of principals bank guarantees and guarantees - after provision of the state guarantees during effective period of the state guarantees, agreements on provision of the state guarantees, bank guarantees and guarantee agreements at least once a year, preparation and submission to the Ministry of Finance of the Russian Federation of the corresponding conclusions. Monitoring of financial condition of the specified legal entities is performed based on represented to the state guarantees agent in accordance with the terms of agreements on the provision of the state guarantees of the conclusions of the credit rating agencies performing rating activities according to the procedure, established by the legislation of the Russian Federation (further - rating agencies), containing unambiguous conclusions about assignment to the specified legal entities of the rating characterizing their financial condition (taking into account the debt load accepted by them in connection with the conclusion of export contracts, credit agreements, provision of bank guarantees, guarantees respectively);

i) monitoring (including based on the reports (data) submitted to the state guarantees agent in accordance with the terms of agreements on provision of the state guarantees) availability and sufficiency of the amount of the providing provided for benefit of the Russian Federation on behalf of the Ministry of Finance of the Russian Federation in ensuring execution of recourse requirements of the Russian Federation to principals in connection with execution in full or in any part of the state guarantees, and other along with the state guarantees of ensuring the obligation fulfillment of principals provided for benefit of beneficiaries - after provision of the state guarantees during effective period of the state guarantees, agreements on provision of the state guarantees, agreements (deed polls) on providing. Following the results of monitoring the state guarantees agent performs preparation and submission to the Ministry of Finance of the Russian Federation of the corresponding conclusions;

j) monitoring (including based on the reports (data) submitted to the state guarantees agent according to the subitem "g" of item 4 of these rules) the circumstances attracting execution in full or in any part, change (including reducing amount) and the termination in full or in any part of the obligations provided with the state guarantees and other related obligations (depending on type of the state guarantees), - after provision of the state guarantees during effective period of the state guarantees, agreements on provision of the state guarantees. Following the results of monitoring the state guarantees agent performs preparation and submission to the Ministry of Finance of the Russian Federation of the corresponding reports (data) monthly, no later than the 20th following reporting;

k) the analysis of the requirements about execution of the state guarantees shown to the Russian Federation on behalf of the Ministry of Finance of the Russian Federation (taking into account amendments to requirements) with the documents attached to them regarding justification and compliance to conditions of the state guarantees of the specified requirements and documents attached to them, preparation and submission to the Ministry of Finance of the Russian Federation of the conclusions and documents specified in Items 42 - 44 these rules, and in the cases specified in Item 46 of these rules - the direction to beneficiaries of notifications on refusal in satisfaction of requirements about execution of the state guarantees;

l) presentation for and on behalf of the Ministry of Finance of the Russian Federation of recourse requirements of the Russian Federation on behalf of the Ministry of Finance of the Russian Federation to principals in connection with execution in full or in any part of the state guarantees;

m) realization for and on behalf of the Ministry of Finance of the Russian Federation of the rights of the requirements of the Russian Federation on behalf of the Ministry of Finance of the Russian Federation transferred to the Russian Federation on behalf of the Ministry of Finance of the Russian Federation according to agreements on concession of the rights of requirements in the cases established by these rules;

o) measures for return (collection) of debt of principals and other persons in front of the Russian Federation on behalf of the Ministry of Finance of the Russian Federation which arose in connection with provision and execution of the state guarantees.

4. The agent on questions of ensuring the state support of export of industrial output (goods, works, services) (except for questions of provision and execution of the state guarantees) involved by the Government of the Russian Federation according to the Federal Law on the federal budget for the corresponding financial year and planning period (further - the export support agent), performs:

a) determination in the procedure for share of industrial output (goods, works, services) established by it or its components of the Russian origin when implementing by the Russian exporters of export from the Russian Federation industrial output (goods, works, services), export from other countries of the industrial output (goods, works, services) made within the international cooperation and containing components of the Russian origin, preparation of the corresponding conclusions containing unambiguous conclusions about the specified share;

b) determination in the procedure for accessory of the industrial output (goods, works, services) delivered under export contracts established by it on which payment by importers attract the loans, to one of groups of industrial output (goods, works, services) specified in Item 14 of these rules, preparation of the corresponding conclusions containing unambiguous conclusions about the specified accessory;

c) control in the procedure established by it (including based on the reports (data) submitted to the agent on support of export in accordance with the terms of agreements on provision of the state guarantees) behind target use of the borrowing facilities raised under the state guarantees (including the borrowing facilities raised under the state guarantees of foreign states on which obligation fulfillment is provided with the state guarantees), preparation and submission to the Ministry of Finance of the Russian Federation and to the agent on the state guarantees of the reports specified in Item 13 of these rules;

d) control in the procedure established by it of execution and the termination in full or in any part of obligations of the Russian exporters and importers under export contracts (on delivery and payment of industrial output (goods, works, services) respectively), obligations of the Russian exporters which arose in connection with their participation in tenders (depending on type of the state guarantees), control of change of conditions of export contracts which attracts change of the amount or currency of obligations of importers under export contracts, delivery dates of industrial output (goods, works, services), quality and (or) quantity characteristics (including the name, assortment, quantity) industrial output (goods, works, services), preparation and representation to the agent on the state guarantees of the corresponding reports (data) monthly, no later than the 10th following for reporting.

5. For the purposes of these rules the importer is understood as the legal entity created according to the legislation of foreign state and having the location outside the territory of the Russian Federation which signed the contract of delivery of industrial output (goods, works, services) (the export contract) with the Russian exporter.

For the purposes of these rules the Russian exporter is understood as the legal entity created in accordance with the legislation of the Russian Federation, who signed the contract of delivery of industrial output (goods, works, services) (the export contract) with the importer, and by provision of the state guarantees specified in the Section IV of these rules - also legal entity created in accordance with the legislation of the Russian Federation, performing delivery of industrial output (goods, works, services) to export in the commission agreement.

6. For the purposes of these rules as export of industrial output (goods, works, services) it is understood:

a) export from the Russian Federation of goods which country of source is the Russian Federation according to the list of industrial output approved by the Government of the Russian Federation when which implementing export the state warranty support is given, and also export from other countries of the specified goods made within the international cooperation and containing components of the Russian origin (which country of source the Russian Federation is);

b) export from the Russian Federation of the works and services which are carried out and rendered by the Russian exporters and being part of contract commitments of the Russian exporters under export contracts provided that final consumers of the specified works and services are importers, and also export from other countries of the specified works and services which are carried out and rendered by the Russian exporters when exporting the industrial output (goods, works, services) made within the international cooperation and containing components of the Russian origin.

7. When exporting from the Russian Federation of industrial output (goods, works, services), and also when exporting from other countries of the industrial output (goods, works, services) made within the international cooperation and containing components of the Russian origin (which country of source the Russian Federation is), the Russian origin of industrial output (goods, works, services), the Russian origin of components as a part of the industrial output (goods, works, services) made within the international cooperation is determined in the procedure established by the legislation of the Russian Federation.

8. For the purposes of provision of the state guarantees (except for the state guarantees specified in Sections IV and VII of these rules) when exporting from the Russian Federation of industrial output (goods, works, services), when exporting from other countries of the industrial output (goods, works, services) made within the international cooperation and containing components of the Russian origin, the share of the exported industrial output (goods, works, services) or its components of the Russian origin shall constitute at least 30 percent from the cost of the industrial output (goods, works, services) delivered under export contracts.

9. On the state guarantees the Russian Federation bears subsidiary responsibility according to the obligations provided with the state guarantees.

10. The state guarantees are provided and performed in foreign currency in which the obligations provided with the state guarantees are expressed.

11. The state guarantees are provided without collection of remuneration of the guarantor.

12. The state guarantees and agreements on provision of the state guarantees are constituted in Russian.

13. The credits provided with the state guarantees (including the credits specified in the Section VI of these rules), are target. Control of target use of the borrowing facilities raised under the state guarantees (including the borrowing facilities raised under the state guarantees of foreign states on which obligation fulfillment is provided with the state guarantees), is performed by the agent on support of export in the procedure established by it.

Reports on target use of the borrowing facilities specified in paragraph one of this Item (with information on availability or lack of the facts of their inappropriate use) are represented by the agent on support of export to the Ministry of Finance of the Russian Federation and the agent on the state guarantees quarterly, no later than the 20th following reporting quarter in the forms established by the Ministry of Finance of the Russian Federation. In case of identification of the facts of inappropriate use of the specified borrowing facilities in the report are specified cash amount, used in an inappropriate way, and the calendar period of their inappropriate use.

14. The state guarantees specified in Sections III and VI of these rules are provided provided that terms of return of the loans attracted on the purpose of payment of industrial output (goods, works, services) under export contracts correspond to the following terms (depending on groups of the exported industrial output (goods, works, services):

a) for consumer goods - up to 5 years;

b) for machines, mechanisms, the equipment and vehicles - up to 7 years;

c) for the industrial (complete) equipment - up to 11 years;

d) for flying and spacecrafts, ocean and river crafts - up to 14 years;

e) for the investment projects "turnkey" realized in foreign states including for warm and hydroelectric power stations and the equipment for them - up to 14 years;

e) for nuclear power plants and the equipment for them - up to 23 years;

g) for other manufactured goods included in the list of industrial output approved by the Government of the Russian Federation when which implementing export the state warranty support is given - up to 10 years.

15. The state guarantees specified in Sections V and VI of these rules are provided provided that:

a) the foreign state in which export of industrial output is performed (goods, works, services) is included in the list of foreign states, export of industrial output to which is given the state warranty support, approved by the Ministry of Finance of the Russian Federation in coordination with the Ministry of Economic Development of the Russian Federation and the Ministry of Industry and Trade of the Russian Federation, and the specified foreign state has no not settled debt obligations (requirements) in front of the Russian Federation in the field of the credit and financial relations with the Russian Federation;

b) the total amount of obligations (the public external debt of the Russian Federation) on the state guarantees provided according to these rules and also on the state guarantees of the Russian Federation provided according to the Rules of provision in 2005 of the state guarantees of the Russian Federation for rendering the state support of export of industrial output approved by the order of the Government of the Russian Federation of July 29, 2005 No. 466 "About procedure for provision in 2005 for the state guarantees of the Russian Federation for rendering the state support of export of industrial output" and Rules of provision in 2006 of the state guarantees of the Russian Federation for rendering the state support of export of industrial output approved by the order of the Government of the Russian Federation of September 16, 2006 No. 571 "About procedure for provision in 2006 for the state guarantees of the Russian Federation for rendering the state support of export of industrial output", in ensuring obligation fulfillment of one foreign state, cannot exceed 1 billion US dollars (the amount in other foreign currency, equivalent to 1 billion US dollars).

16. The state guarantees specified in Sections IV and VIII of these rules are provided on condition of provision for benefit of the Russian Federation on behalf of the Ministry of Finance of the Russian Federation of the budget and civil legislation of the Russian Federation conforming to requirements of ensuring execution in full of obligations of principals on satisfaction of recourse requirements of the Russian Federation on behalf of the Ministry of Finance of the Russian Federation to principals in connection with execution in full or in any part of the state guarantees. The specified providing is provided a minimum of the amount of the corresponding state guarantee and shall have high degree of liquidity.

17. In ensuring execution in full of the these rules of obligations of principals specified in Item 16 on satisfaction of recourse requirements of the Russian Federation to principals can be accepted:

a) guarantees of the legal entities created in accordance with the legislation of the Russian Federation;

b) bank guarantees of the banks created in accordance with the legislation of the Russian Federation;

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