ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of October 11, 2014 No. 1044

About approval of the Program of support of the investment projects realized in the territory of the Russian Federation on the basis of project financing

The government of the Russian Federation decides:

1. Approve the enclosed Program of support of the investment projects realized in the territory of the Russian Federation on the basis of project financing.

2. To the Ministry of Economic Development of the Russian Federation:

in a month to develop and introduce to the Government of the Russian Federation the draft of regulations on the Interdepartmental commission on selection of investment projects, the Russian credit institutions and international financial institutions for participation in the Program of support of the investment projects realized in the territory of the Russian Federation on the basis of project financing, and the offer on its structure;

in a month to approve:

procedure for maintaining the register of the investment projects selected for participation in the Program of support of the investment projects realized in the territory of the Russian Federation on the basis of project financing;

procedure for maintaining the list of the Russian credit institutions and international financial institutions which are selected for participation in the Program of support of the investment projects realized in the territory of the Russian Federation on the basis of project financing (further - authorized banks);

in coordination with the Ministry of Finance of the Russian Federation - report forms about the course of implementation of the investment projects selected for participation in the Program of support of the investment projects realized in the territory of the Russian Federation on the basis of project financing, represented by authorized bank to the Ministry of Economic Development of the Russian Federation and the Ministry of Finance 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 planning period to provide funds for obligation fulfillment on the state guarantees of the Russian Federation provided on the credits issued within the Program approved by this resolution (further - the Program), on implementation of investment projects.

4. Charge to 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 on the loans attracted by the Russian legal entities for the purpose of realization by them in the territory of the Russian Federation investment projects on the basis of project financing including concerning conducting analytics of the state guarantees of the Russian Federation provided according to obligations of the legal entities who are persons who are granted the loans for the purpose of implementation of the investment projects selected for participation in the Program and also concerning debt collection of specified persons.

5. Recommend to the Central bank of the Russian Federation to provide borrowing facilities to authorized banks for the purpose of refinancing of the credits issued by authorized banks within the Program according to acts of the Central bank of the Russian Federation.

Approved by the Order of the Government of the Russian Federation of October 11, 2014 No. 1044

The program of support of the investment projects realized in the territory of the Russian Federation on the basis of project financing

I. General provisions

1. The purpose of this Program is creation of the mechanism of support of the investment projects realized in the territory of the Russian Federation on the basis of the project financing promoting growth in volumes of crediting of the organizations of real production sector on long-term and preferential terms.

2. This Program establishes:

a) criteria and procedure for selection of the investment projects realized in the territory of the Russian Federation on the basis of project financing (further - investment projects), for participation in this Program;

b) criteria and procedure for selection of the Russian credit institutions and international financial institutions for participation in this Program;

c) procedure for provision of the state guarantees of the Russian Federation (further - guarantees) on the credits issued for the purpose of implementation of the investment projects selected for participation in this Program.

3. This Program establishes the following basic conditions of provision of borrowing facilities for the purpose of implementation of the investment projects selected for participation in this Program:

a) the loans are granted by the Russian credit institutions and international financial institutions which are selected for participation in this Program and also the state corporation "Development bank and foreign economic activity (Vnesheconombank) (further - authorized banks);

b) the loans are granted in Russian rubles;

c) the size of interest rate for person who is granted the loan for the purpose of implementation of the investment project selected for participation in this Program (further - the final borrower) shall not exceed the level of the interest rate established by the Central bank of the Russian Federation by provision to authorized banks of borrowing facilities for the purpose of refinancing of the credits issued by authorized banks to final borrowers (further - refunding rate of the Central bank of the Russian Federation within this Program), plus annual interest rate 2,5;

d) the loan agreement shall provide the right of authorized bank to interest rate increase on the credit only on condition of rate increase of Central Bank refinancing of the Russian Federation within this Program and within such increase, but taking into account provisions of the subitem "v" of this Item, and also the right of authorized bank to interest rate decrease on the credit regardless of change of refunding rate of the Central bank of the Russian Federation within this Program. In case of refusal from the Central bank of the Russian Federation to provide borrowing facilities to authorized bank for the purpose of refinancing of the credit issued by authorized bank to the final borrower, the authorized bank has the right to change interest rate for the specified credit only on condition of refusal of authorized bank of the rights on guarantee by return of guarantee to the Ministry of Finance of the Russian Federation;

e) the credit is target and can be used only for financing of the investment project selected for participation in this Program.

4. For the purpose of implementation of investment projects the loans from different authorized banks can be attracted.

5. Selection of investment projects for participation in this Program and provisions of guarantees on the credits issued for the purpose of implementation of the investment projects selected for participation in this Program is performed by the Interdepartmental commission on selection of investment projects, the Russian credit institutions and international financial institutions for participation in the Program of the support of the investment projects realized in the territory of the Russian Federation on the basis of project financing (further - the Interdepartmental commission), formed under the Ministry of Economic Development of the Russian Federation. Regulations on the Interdepartmental commission and its structure affirm the Government of the Russian Federation.

5(1). Selection of investment projects for participation in this Program and provision of guarantees on the credits issued for the purpose of implementation of the investment projects selected for participation in this Program is not performed in the next financial year if by the Federal Law on the federal budget this next financial year it is not provided the state guarantees on the loans attracted by the legal entities selected according to the procedure, established by this Program.

5(2). In case of renewal of selection of investment projects for participation in this Program and provision of guarantees on the credits issued for the purpose of implementation of the investment projects selected for participation in this Program, authorized banks as a part of set of the documents submitted to working body of the Interdepartmental commission according to Item 28 of this Program represent the documents which are drawn up according to Item 14 of this Program confirming compliance of authorized banks to the criteria specified in Items 9 and 10 of this Program.

5(3). In case, stipulated in Item 5(1) these Programs, provisions of Items 19 (2) - 19(8), 25 - 28 and 30 - 37 of this Program are not applied.

6. Functions of working body of the Interdepartmental commission, including the organization of its work and obligation for maintaining the register of the investment projects selected for participation in this Program (further - the register of investment projects), and the list of authorized banks, the Ministry of Economic Development of the Russian Federation performs.

7. The Ministry of Finance of the Russian Federation within implementation of this Program participates in work of the Interdepartmental commission and provides guarantees on the credits issued for the purpose of implementation of the investment projects selected for participation in this Program.

8. Ceased to be valid according to the Order of the Government of the Russian Federation of 21.02.2015 No. 154

II. Criteria and procedure for selection of the Russian credit institutions and international financial institutions

9. Selection criteria of the Russian credit institution for participation in this Program as authorized bank are:

a) availability of own funds for the last reporting date in the amount of at least 100 billion rubles;

b) lack of prohibition of the Central bank of the Russian Federation concerning the Russian credit institution on attraction in deposits of money of physical persons and opening of bank accounts of physical persons according to part 3 of article 48 of the Federal law "About Deposit Insurance in Banks of the Russian Federation";

c) experience of realization at least 10 investment projects for the last 3 years a minimum of 3 billion rubles everyone;

d) availability of structural division for implementation of crediting of the investment projects selected for participation in this Program, including for control of target use by the final borrower of the borrowing facilities provided within this Program, and monitoring of the investment project selected for participation in this Program at all stages of its realization.

10. Selection criteria of international financial institution for participation in this Program as authorized bank are:

a) creation of international financial institution on the basis of the interstate agreement with participation of the Russian Federation, at the same time the share of the Russian Federation in its capital shall constitute at least 30 percent;

b) experience of public placements of the securities in the territory of the Russian Federation;

c) capital adequacy level availability on the last reporting date is not lower than 20 percent;

d) availability of the credits issued by international financial institution to the Russian legal entities and (or) investments made by it in bonds of the Russian issuers, in the amount at least 25 percent of total amount of the credits issued by the specified international financial institution and (or) investments made by it in securities;

e) experience of realization at least 3 investment projects for the last 3 years;

e) availability of structural division for implementation of crediting of the investment projects selected for participation in this Program, including for control of target use by the final borrower of the borrowing facilities provided within this Program, and monitoring of the investment project selected for participation in this Program at all stages of its realization.

11. Confirmation of conformity of the Russian credit institution to the criteria established by subitems "v" and "g" of Item 9 of this Program, and compliance of international financial institution to the criteria established by subitems "-e" Item 10 of this Program, is drawn up on the form of the relevant organization with appendix of information on the implemented investment projects, the copy of regulations on the relevant structural division and information on the credits issued by international financial institution to the Russian legal entities and (or) investments made by it in bonds of the Russian issuers (only for international financial institutions), and signed certified) by the authorized person of the organization.

12. Selection of the Russian credit institutions and international financial institutions is made for participation in this Program by the Interdepartmental commission.

13. The working body of the Interdepartmental commission posts on the official site on the Internet (further - Internet network) the notification on the beginning of selection of the Russian credit institutions and international financial institutions for participation in this Program.

14. The Russian credit institutions and international financial institutions, intended to participate in this Program, and also authorized banks in case, stipulated in Item 5(2) these Programs, within 30 calendar days from the date of placement of the notification specified in Item 13 of this Program send the documents confirming their compliance to the criteria established respectively by Items 9 and 10 of this Program to working body of the Interdepartmental commission. The specified documents (in one copy) are stitched (everyone separately), signed or certified (except for notarized copies) by the authorized person of such Russian credit institution or international financial institution which signature is sealed (in the presence) this Russian credit institution or international financial institution.

At the same time copies of the documents specified in paragraph one of this Item on the electronic medium in the number of copies corresponding to the number of members of the Interdepartmental commission are represented to working body of the Interdepartmental commission.

The documents submitted by the Russian credit institutions and international financial institutions, intended to participate in this Program in working body of the Interdepartmental commission, are not subject to return.

15. The working body of the Interdepartmental commission within 3 working days from the date of receipt of documents from the Russian credit institutions and international financial institutions, intended to participate in this Program, and (or) from authorized banks in case, stipulated in Item 5(2) these Programs, sends them for consideration to members of the Interdepartmental commission with indication of date of meeting of the Interdepartmental commission which cannot be appointed what in 7 calendar days from the date of the direction of the specified documents earlier.

In case of the direction to members of the Interdepartmental commission of documents from the authorized banks which arrived in working body of the Interdepartmental commission according to Item 5 (2) this Program, the working body of the Interdepartmental commission also directs information on lack of events for exception of authorized bank of the list of authorized banks, stipulated in Item 19(2) these Programs.

16. The interdepartmental commission considers documents from the Russian credit institutions and international financial institutions, intended to participate in this Program, and passes the decision on selection of the Russian credit institution or international financial institution for participation in this Program or about refusal in participation in this Program.

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