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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of August 14, 2012 No. 825

About procedure for provision of the state guarantees of the Russian Federation on the credits or bonded loans attracted by legal entities on the purposes established by the Government of the Russian Federation within the measures directed to increase in stability of economic development in case of deterioration in situation in the financial markets

(as amended on 18-03-2016)

The government of the Russian Federation decides:

1. Approve the enclosed Rules of provision of the state guarantees of the Russian Federation on the credits or bonded loans attracted by legal entities on the purposes established by the Government of the Russian Federation within the measures directed to increase in stability of economic development in case of deterioration in situation in the financial markets (further - Rules).

2. Determine that within the measures directed to increase in stability of economic development in case of deterioration in situation in the financial markets, the state guarantees of the Russian Federation (further-) in 2012 - 2016 it are provided to guarantee on the credits or bonded loans attracted by the Russian legal entities selected according to the procedure, established by the Government of the Russian Federation (further - legal entities), on implementation of the main productive activity and capital investments, and also on repayment of the credits or bonded loans, (regarding obligations on return of credit amount (repayment of principal debt), payment of nominal value of bonds in case of repayment of the specified obligations not earlier than the terms established by the credit agreement or conditions of bond issue) attracted with legal entities earlier on implementation of the main productive activity and capital investments.

3. Grant to the Ministry of Finance of the Russian Federation decision-making power about provision in 2015 - 2016 of guarantees according to Rules, except as specified, the stipulated in Item 4 presents of the resolution.

4. Determine that in case of deterioration in economic environment by the Government of the Russian Federation decisions on provision in 2015 - 2016 of guarantees according to Rules in case of unsatisfactory financial condition of the legal entity, including in the presence at it arrears according to monetary commitments to the Russian Federation, on obligatory payments in budgets of the budget system of the Russian Federation which the legal entity is not capable to extinguish (further - overdue debt), on condition of the special importance of the legal entity for separate industries of economy can be made. In this case provisions of Item 12 of Rules are not applied.

The decision on provision of a guarantee can be made by the Government of the Russian Federation by results of selection of the legal entity having unsatisfactory financial condition, for the rendering the state warranty support according to Rules performed by the Government Commission on Economic Development and Integration formed by the order of the Government of the Russian Federation of December 30, 2009 No. 1166, on representation to the relevant interdepartmental commission specified in the subitem "an" of Item 8 of Rules.

In this case in the decision on selection in addition to data, stipulated in Item 27 or 41 Rules (depending on borrowing type), data on unsatisfactory financial condition of the legal entity, the motivated conclusion about the circumstances proving the special importance of the legal entity for separate industries of economy and need of rendering the state warranty support to it according to Rules in case of unsatisfactory financial condition, and in the presence at the legal entity of overdue debt - conclusions about inability of the legal entity to fulfill obligations on repayment of overdue debt are specified.

The Ministry of Finance of the Russian Federation based on the decision on selection performs within 5 working days from the date of receipt of the specified decision preparation of the draft of the act of the Government of the Russian Federation of provision of a guarantee on the credit or bonded loan attracted by the legal entity having unsatisfactory financial condition.

In the act of the Government of the Russian Federation of provision of a guarantee on the credit or bonded loan attracted by the legal entity having unsatisfactory financial condition the data provided respectively by subitems "a" - "d" Item 27 or subitems "a" - "d" Item 41 of Rules are specified.

In case of adoption by the Government of the Russian Federation of the decision on provision of a guarantee on the credit or bonded loan attracted by the legal entity having unsatisfactory financial condition, the agent of the Government of the Russian Federation specified in the paragraph the second Item 11 of Rules represents according to the subitem "b" of Item 16.1 of Rules to the Ministry of Finance of the Russian Federation the conclusion containing unambiguous conclusions about possibility of decision making about the conclusion of the agreement on provision of a guarantee without analysis results of financial condition of the legal entity, and the Ministry accepts the decision on the conclusion of the agreement on provision of a guarantee according to Item 17 of Rules. At the same time in case of provision of a guarantee according to obligations of the legal entity having unsatisfactory financial condition, provisions of the subitem "v" of Item 5 of Rules are not applied, results of the financial analysis which is carried out according to Rules are not considered, and in case of provision of a guarantee according to obligations of the legal entity having as well overdue debt provisions of subitems "an" and "v" of Item 5, and also the subitem "v" of Item 15 of Rules are not applied.

5. 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 planning period to provide funds for obligation fulfillment on the guarantees provided according to Rules.

Russian Prime Minister

D. Medvedev

Approved by the Order of the Government of the Russian Federation of August 14, 2012 No. 825

Rules of provision of the state guarantees of the Russian Federation on the credits or bonded loans attracted by legal entities on the purposes established by the Government of the Russian Federation within the measures directed to increase in stability of economic development in case of deterioration in situation in the financial markets

I. General provisions

1. These rules establish procedure and conditions of provision in 2012 - 2016 for the state guarantees of the Russian Federation in currency of the Russian Federation on the credits or bonded loans attracted by the Russian legal entities selected according to the procedure, established by the Government of the Russian Federation, for a period of 3 up to 7 years on the purposes established by the Government of the Russian Federation within the measures directed to increase in stability of economic development in case of deterioration in situation in the financial markets (further respectively - guarantees, the credits, bonded loans), and also procedure and conditions of obligation fulfillment on guarantees.

2. Guarantees are provided in ensuring obligation fulfillment of the following Russian legal entities (further - principals):

a) the strategic organizations of defense industry complex included in the list of the strategic companies and strategic joint-stock companies approved by the Presidential decree of the Russian Federation of August 4, 2004 No. 1009, and (or) in the list of the strategic organizations, and also the federal executive bodies providing realization of single state policy in economy industries in which these organizations, No. 1226-r approved by the order of the Government of the Russian Federation of August 20, 2009, on condition of inclusion of the specified organizations in the summary register of the organizations of defense industry complex according to the order of the Government of the Russian Federation of February 20, 2004 No. 96, and being contractors of the state defensive order, on return of credit amount (on payment of nominal value of bonds perform activities in case of their repayment) in amount to 70 percent of the called obligations;

b) other organizations which are not specified in the subitem "an" of this Item, for return of credit amount (on payment of nominal value of bonds in case of their repayment) in amount to 50 percent of the called obligations.

3. The guarantee is provided without collection of remuneration of the guarantor.

4. On guarantee the Russian Federation bears subsidiary responsibility to the creditor (bondholders) according to the obligations of principal provided with guarantee.

5. The guarantee is provided in case of observance of the following conditions:

a) absence at principal of the overdue (not settled) debt on monetary commitments to the Russian Federation, and also on obligatory payments in budgets of the budget system of the Russian Federation;

b) adoption of obligations by the principal on reducing the amount of remunerations (awards, bonuses and other stimulating payments) administrative board (board members (supervisory board), members of collegiate executive body, sole executive body and its deputies, the chief accountant (other official of principal to who conducting financial accounting is assigned), heads of independent structural divisions) principal for rendering the state warranty support according to these rules;

c) satisfactory financial condition of principal.

6. The guarantee is not provided in ensuring obligation fulfillment of principal which is in process of reorganization or liquidation and also concerning which insolvency proceedings are initiated (bankruptcy).

7. The purposes of attraction of the credits and bonded loans on which obligations can be provided with guarantees according to these rules (further - the borrowing purposes) and also the period of implementation of selection of principals and rendering the state warranty support according to these rules are established by the Government of the Russian Federation.

8. Selection of principals for rendering according to these rules of the state warranty support performs:

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