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 for rendering the state support of export of industrial output (goods, works, services)

The government of the Russian Federation decides:

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

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 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 state corporation of development "ВЭБ.РФ" to perform functions of the agent of the Government of the Russian Federation concerning provision, maintenances, administrations and execution of the state guarantees of the Russian Federation for rendering the state support of export of industrial output (goods, works, services) according to Rules (except as specified when the state corporation of development "ВЭБ.РФ" is beneficiary on the specified state guarantees of the Russian Federation), including concerning conducting analytics of the provided state guarantees of the Russian Federation, obligations of principals, 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.

If the state corporation of development "ВЭБ.РФ" is beneficiary on the state guarantees of the Russian Federation for rendering the state support of export of industrial output (goods, works, services), the functions of the agent of the Government of the Russian Federation specified in paragraph one of this Item concerning such state guarantees of the Russian Federation are performed by Promsvyazbank public joint stock company.

6. Ceased to be valid according to the Order of the Government of the Russian Federation of 27.09.2023 No. 1577

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 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 in 2023 - 2024 for the state guarantees of the Russian Federation in currency of the Russian Federation or 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) 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 currency of the Russian Federation on the purpose of production of the industrial output (goods, works, services) exported by them;

b) 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 currency of the Russian Federation on the purpose of support of export of industrial output (goods, works, services) regarding obligations on return of credit amount (repayment of principal debt) and (or) interest payment for use of the credit;

c) 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 Russian banks with the Russian exporters regarding obligations on satisfaction of recourse requirements of the Russian banks to the Russian exporters in foreign currency which arose in connection with execution by the Russian banks of the bank guarantees provided in foreign currency in ensuring execution of the corresponding obligations of the Russian exporters;

d) the Russian banks according to their bank guarantees (tender, advance, execution of export contracts) provided in foreign currency in ensuring execution of the corresponding obligations of the Russian exporters of industrial output (goods, works, services).

3. The agents (agent) involved (attracted) by the Government of the Russian Federation according to the Federal Law on the federal budget for the corresponding financial year and planning period, for the purpose of provision of the state guarantees, maintenance, administration and execution of the provided state guarantees, debt collection (further - the agent of the Government of the Russian Federation) including perform (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 of availability in the specified documents of provisions which can infringe at interests and (or) the rights of the Russian Federation as the guarantor, check of accomplishment of the conditions of provision of the state guarantees established by these rules, other functions (powers) established by these rules, preparation and submission to the Ministry of Finance of the Russian Federation of the conclusions specified in Item 35 of these rules;

b) registration (including signing by the authorized officer of the agent of the Government of the Russian Federation 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 obligation fulfillment of principals on satisfaction of the recourse requirements of the Russian Federation on behalf of the Ministry of Finance of the Russian Federation to principals arising in connection with execution in full or in any part of the state guarantees (further respectively - recourse requirements of the Russian Federation, providing recourse requirements of the Russian Federation) (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) 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, provision of providing recourse requirements of the Russian Federation;

d) 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);

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 agent of the Government of the Russian Federation 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) - 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) which are the basis for withdrawal of 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;

e) monitoring (analysis) of financial condition of principals - 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 providing recourse requirements of the Russian Federation 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 monitoring (analysis) the agent of the Government of the Russian Federation performs preparation and submission to the Ministry of Finance of the Russian Federation of the corresponding conclusions. The specified monitoring (analysis) of financial condition of legal entities is performed according to the procedure, established by the agent of the Government of the Russian Federation. For the purpose of carrying out monitoring (analysis) financial condition of legal entities the agent of the Government of the Russian Federation has the right to request all necessary documents;

g) monitoring of sufficiency and compliance of the providing recourse requirements of the Russian Federation provided for benefit of the Russian Federation to the requirements established by the budget legislation of the Russian Federation, the civil legislation of the Russian Federation and these rules - 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 recourse requirements of the Russian Federation. Following the results of monitoring the agent of the Government of the Russian Federation performs preparation and submission to the Ministry of Finance of the Russian Federation at least once in year of the corresponding conclusions;

h) monitoring (including based on reports (data) specified in the subitem "n" of this Item) the circumstances attracting origin, 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), response and the termination 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 agent of the Government of the Russian Federation 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;

i) 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 specified in Item 50 of these rules, and in the cases specified in Item 52 of these rules - the direction to beneficiaries of notifications on refusal in satisfaction of requirements about execution of the state guarantees;

j) presentation for and on behalf of the Ministry of Finance of the Russian Federation of recourse requirements of the Russian Federation to principals, requirements to persons which provided the providing recourse requirements of the Russian Federation, implementation of actions according to the address of claim to property pledged the Russian Federation on behalf of the Ministry of Finance of the Russian Federation;

k) measures for return (collection) of debt of principals, guarantors, banks guarantors, pledgers 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, provision of providing recourse requirements of the Russian Federation;

l) 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;

m) 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 of the corresponding reports (data) quarterly, no later than the 10th following reporting quarter.

4. The agent of the Government of the Russian Federation performing the functions specified in subitems "a" - "l" of Item 3 of these rules for the purposes of these rules hereinafter is referred to as "the state guarantees agent".

The agent of the Government of the Russian Federation performing the functions specified in subitems "m" and "n" of Item 3 of these rules for the purposes of these rules hereinafter is referred to as "the export transactions agent".

The functions specified in Item 3 of these rules can be carried out by one agent of the Government of the Russian Federation.

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