ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of April 28, 2015 No. 405

About approval of Rules of implementation by the customer in 2015 of debt restructuring of the commercial banks which arose in connection with presentation of requirements to execution of the bank guarantees provided as ensuring execution of contracts

According to part 11 of article 96 of the Federal law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" Government of the Russian Federation decides:

Approve the enclosed Rules of implementation by the customer in 2015 of debt restructuring of the commercial banks which arose in connection with presentation of requirements to execution of the bank guarantees provided as ensuring execution of contracts.

Approved by the Order of the Government of the Russian Federation of April 28, 2015 No. 405

Rules of implementation by the customer in 2015 of debt restructuring of the commercial banks which arose in connection with presentation of requirements to execution of the bank guarantees provided as ensuring execution of contracts

1. These rules establish procedure and conditions of implementation by the customer in 2015 for debt restructuring of the commercial banks which arose in connection with presentation of requirements to execution of the bank guarantees provided as ensuring execution of contracts (including public contracts, municipal contracts, civil agreements of budgetary institutions on the deliveries of goods, performance of works, rendering services for needs of customers concluded about day of entry into force of the Federal Law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs") (further respectively - debt restructuring according to the bank guarantee, the Federal Law).

2. For the purposes of these rules debt restructuring according to the bank guarantee is understood as change of primary obligations on other obligations providing other methods of obligation fulfillment expressed in establishment of the schedule of step-by-step repayment of such debt.

3. Debt restructuring according to the bank guarantee is performed by the customer in case of simultaneous observance of the following conditions:

a) the debt of commercial bank arose in connection with presentation by the customer of the requirement about implementation of payment of sum of money for the bank guarantee provided as ensuring execution of the contract if conditions of such contract do not provide the advance payment or sum of money which is subject to payment according to the bank guarantee exceeds the size of the advance payment reduced taking into account actually fulfilled contract obligations;

b) as commercial bank availability of such debt by means of the direction to the customer in writing of the appeal of commercial bank about debt restructuring in time, not exceeding 5 working days from the date of receipt of the requirement about implementation of payment of sum of money for the bank guarantee is recognized;

c) the commercial bank pays the amount which is not subject to restructuring according to the bank guarantee which is equal to the size of the advance payment reduced taking into account actually fulfilled contract obligations (if the contract provides advance payment).

4. The customer makes the decision on debt restructuring according to the bank guarantee based on the appeal of commercial bank on debt restructuring to which the customer sends the requirement about implementation of payment of sum of money for the bank guarantee. Such address shall contain:

a) name, bank location, identification taxpayer number;

b) number of the register entry of the bank guarantee in the register of bank guarantees (in the presence);

c) date of the conclusion and number (in the presence) contract;

d) the outstanding amount calculated according to Item 10 of these rules according to the bank guarantee on which the commercial bank asks to make the decision on restructuring.

5. The customer considers the appeal of commercial bank about debt restructuring no more than 10 working days after its obtaining in time and accepts one of 2 decisions:

a) about refusal in debt restructuring according to the bank guarantee in connection with discrepancy of the appeal of commercial bank about debt restructuring to the conditions specified in Item 3 of these rules and also the requirements to contents of the specified address specified in item 4 of these rules. In case of adoption of such decision the customer directs to commercial bank in writing motivated refusal to debt restructurings;

b) about agreement signature about debt restructuring of commercial bank according to the bank guarantee (further - the agreement). In case of adoption of such decision the customer sends to the address of commercial bank in writing the draft agreement.

6. The agreement determines:

a) the outstanding amount calculated according to Item 10 of these rules concerning which restructuring is performed;

b) the duration of the agreement equal to 12 months from the date of its signing;

c) the schedule of step-by-step debt repayment providing its complete repayment during the term of the agreement the equal shares listed monthly;

d) condition that the penalty provided by the bank guarantee according to Item 3 of part 2 of article 45 of the Federal Law is not charged before the termination of the duration of the agreement, including from date of approach of obligation on payment of the amount of the bank guarantee by commercial bank before date of agreement signature;

e) the right of commercial bank to early repayment of debt by means of transfer of the sums of money exceeding the established size of monthly payment;

e) the customer's right to unilateral refusal from the agreement if the commercial bank twice breaks the term of transfer of monthly payments or the specified payments are listed in the amount of the step-by-step debt repayment which was less established by the schedule;

g) charge by the provided bank guarantee according to Item 3 of part 2 of article 45 of the Federal Law of penalty in case of agreement cancelation on the outstanding amount which is not paid for date of agreement cancelation since date of approach of obligation on payment of the amount of the bank guarantee by commercial bank.

7. Inclusion of other essential conditions in the agreement, in addition to the these rules specified in Item 6, is not allowed.

8. Agreement signature is performed in the following procedure:

a) the customer directs the draft agreement to commercial bank in time specified in Item 5 of these rules, in 2 copies;

b) the commercial bank within 10 working days from the date of receipt of the draft agreement sends to the customer 2 copies of the signed agreement or in case of disagreement with the offered draft agreement the list of comments on it;

c) the customer signs the agreement within 5 working days from the date of receipt of the agreement signed by commercial bank;

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