ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of July 16, 2015 No. 708

About special investment contracts for separate industries

According to the Federal Law "About Industrial Policy in the Russian Federation" Government of the Russian Federation decides:

1. Approve enclosed:

Rules of the conclusion of special investment contracts;

standard form of the special investment contract for separate industries.

2. Realization by the federal executive body authorized by the Government of the Russian Federation on the conclusion on behalf of the Russian Federation of special investment contracts for separate industries, the functions provided according to this resolution is performed within the number of staff of federal executive body and budgetary appropriations provided to it in the federal budget on management and management in the sphere of the established functions established by the Government of the limiting Russian Federation.

3. Subitems "an" and "b" of Item 7 of Rules of the conclusion of the special investment contracts approved by this resolution are applied from the effective date Item 23 of article 1 of the Federal Law of July 21, 2014 No. 219-FZ "About introduction of amendments to the Federal law "About Environmental Protection" and separate legal acts of the Russian Federation".

4. This resolution is applied only in case of the conclusion, change and termination of special investment contracts according to article 16 of the Federal law "About Industrial Policy in the Russian Federation".

Approved by the Order of the Government of the Russian Federation of July 16, 2015 No. 708

Rules of the conclusion of special investment contracts

1. These rules establish procedure for the conclusion of special investment contracts, except for the special investment contracts signed by subjects of the Russian Federation and (or) municipalities without participation of the Russian Federation.

2. The special investment contract is signed, including signed, and also changes and terminated on behalf of the Russian Federation by the Ministry of Industry and Trade of the Russian Federation or other federal executive body authorized by the Government of the Russian Federation on the conclusion of special investment contracts for industries (further - authorized body), with the legal entity or the individual entrepreneur assuming liabilities in the time provided by the special investment contract by own efforts or with involvement of other persons to realize the investment project on creation or upgrade and (or) development of production of industrial output in the territory of the Russian Federation, on the continental shelf of the Russian Federation, in exclusive economic zone of the Russian Federation (further respectively - the investment project, the investor).

3. In these rules:

a) the investment project on upgrade of production of industrial output is also understood as the investment project on implementation of the best available technologies on industrial enterprises in the territory of the Russian Federation. Reference books on the best available technologies are created according to the milestone schedule of creation in 2015 - 2017 of reference books of the best available technologies approved by the order of the Government of the Russian Federation of October 31, 2014 No. 2178-r;

b) the investment project on development of production of industrial output is also understood as the investment project on development of production of the industrial output carried to the industrial output which does not have the analogs made in the Russian Federation.

4. The subject of the Russian Federation and (or) the municipality in case of the implementation concerning the investor which is the party of the special investment contract can be the parties of the special investment contract along with the Russian Federation, and (or) the other persons involved by it specified in the special investment contract died stimulations of activities in the sphere of the industry, the subjects of the Russian Federation provided by regulatory legal acts or municipal legal acts.

5. The special investment contract is signed for the purpose of the solution of tasks and (or) achievement of indicators of the documents of strategic planning developed at the federal level in industries within which investment projects, in the relation are implemented:

a) the investment project which began to be implemented not earlier than before 12 months before date of submission by the investor of the statement for the conclusion of the special investment contract (that is during the specified period the investor performed actions of the investment project, and (or) investments are enclosed, and (or) indicators are reached, and (or) the investor's obligations are executed) or which will be implemented during operation of the special investment contract;

b) new stage of the investment project realized by the investor to the conclusion of the special investment contract in case of simultaneous accomplishment of the following conditions:

realization of new stage of the investment project began that calendar year in which the investor submitted the application for the conclusion of the special investment contract, or the realization of new stage of the investment project will be enabled during operation of the special investment contract;

concerning new stage of the investment project the business plan providing additional (in comparison with provided initially) investments in amount at least the volume of investment, Item 6 of these rules established by the subitem "zh" is constituted;

the total amount of the investments performed at new stage of the investment project constitutes at least 50 percent of the volume of investment necessary for implementation of the investment project in general, and at the same time at least the volume of investment established by the subitem "zh" of Item 6 of these rules.

6. The investor for the purpose of the conclusion of the special investment contract person who on the date of acceptance by the interdepartmental commission on special investment contracts which is acting on the basis of the Regulations on the interdepartmental commission on special investment contracts according to appendix (further - the commission), decisions on the conclusion of the special investment contract meets the following requirements is recognized:

a) data on person are entered in the Unified State Register of Legal Entities (for legal entities) or the Unified State Register of Private Entrepreneurs (for individual entrepreneurs) or person is created according to the legislation of foreign state (further - the foreign person);

b) place of registration of the foreign person is not the state or the territory included in the list of the states and the territories which are providing preferential tax regime of the taxation and (or) not providing disclosure and provision of information when carrying out financial transactions (offshore zones) concerning such foreign persons;

c) the legal entity is not legal entity in whose authorized (share) capital share of participation of foreign legal entities whose place of registration is the state or the territory included in the list of the states and the territories which are providing preferential tax regime of the taxation and (or) not providing disclosure and provision of information when carrying out financial transactions (offshore zones) in total exceeds 25 percent if other maximum percent is not provided by other provisions of the legislation of the Russian Federation based on which the investor and (or) persons involved by the investor have the right to application of the stimulation measures to them specified in the special investment contract.

If share of participation of foreign legal entities whose place of registration is the state or the territory included in the list of the states and the territories which are providing preferential tax regime of the taxation and (or) not providing disclosure and provision of information when carrying out financial transactions (offshore zones) in total exceeds 25 percent in the authorized (share) capital of the legal entity, by such legal entity the special investment contract without use of measures of stimulation of activities in the sphere of the industry which provision is performed according to provisions of the budget legislation of the Russian Federation can be signed;

d) person is not in process of reorganization and liquidation and has no restrictions for implementation of economic activity in connection with administrative suspension of operations;

e) person has no the signs of bankruptcy established by the legislation of the Russian Federation on insolvency (bankruptcy) and concerning it in accordance with the legislation of the Russian Federation about insolvency (bankruptcy) insolvency proceedings are not initiated (bankruptcy);

e) person has no unexecuted obligation on tax payment, charges, the insurance premiums, penalty fee, penalties, percent which are subject to payment in accordance with the legislation of the Russian Federation about taxes and fees;

g) shall invest face in implementation of the investment project (new stage of the investment project) of at least 750 million rubles (excluding tax on value added) if other minimum volume of investment is not provided by regulatory legal acts of the Russian Federation based on which the investor and (or) persons involved by the investor have the right to application of the stimulation measures to them specified in the special investment contract (join in the volume of investment specified in this subitem including the investments enclosed by the investor in the project not earlier than 12 months preceding date of filing of application about the conclusion of the special investment contract);

h) to person there are no rights of requirements directed to alienation or encumbrance more than 25 percent of book value of property of the investor and (or) persons involved by it, the investment project used for realization according to the special investment contract of the last reporting date preceding date of filing of application about the conclusion of the special investment contract.

7. Within one special investment contract only one person determined according to Item 6 of these rules can be recognized as the investor.

8. In these rules the involved persons (for the purpose of the conclusion of the special investment contract) are understood as the legal entities and (or) individual entrepreneurs meeting the requirements established by subitems "an" - "e" and "z" Item 6 of these rules which shall perform directly production of industrial output according to the investment project (industrial enterprises) or perform functions of the engineering center, the distributor of industrial output, financial center or to participate otherwise in implementation of the investment project.

9. The special investment contract is constituted in Russian or in Russian with the translation into foreign language. In case of discrepancies between the text of the special investment contract in Russian and the text in foreign language the text of the special investment contract in Russian has advantage. The financial performance containing in the special investment contract is specified in Russian rubles.

The special investment contract is signed for the term which is not exceeding 10 years taking into account the term of release of the investment project to project operating profit according to financial model of the investment project increased for 5 years.

The term of release of the investment project to project operating profit is established from the date of the conclusion of the special investment contract until the end of calendar year by results of which the project operating profit for the first time accepts positive value.

In case of prolongation of effective period of the special investment contract according to parts 2.1 and 2.2 of article 2 of the Federal Law of August 2, 2019 No. 290-FZ "About introduction of amendments to the Federal law "About Industrial Policy in the Russian Federation" regarding regulation of special investment contracts" (further - the Federal Law) the term of release of the investment project to project operating profit is not considered.

10. As day of the beginning of operation of the special investment contract day of signing of the special investment contract by authorized body which signs the special investment contract after signing of the special investment contract by its all other parties is established. As day of the end of operation of the special investment contract the earliest of the following dates is specified:

a) On December 31 the year determined by increase in term of release of the investment project at project operating profit for 5 years;

b) On December 31 the 10th year, since year in which day of the beginning of operation of the special investment contract is established.

10(1). For special investment contracts which validity is extended according to parts 2.1 and 2.2 of article 2 of the Federal Law as day of the end of operation of the special investment contract it is specified on December 31 the last calendar year in which the special investment contract is effective.

11. In these rules the project operating profit is understood as comprehensive operating profit of the investor, the involved persons (in case of their attraction) and persons who more than 20 percent of net profit of the investor (the involved persons) have the right and (or) which provide more than 20 percent of total amount of financing of the investment project (except the financial organizations, institutes of development) specified in the reference provided according to the subitem "m" of Item 13 of these rules, calculated as profit (loss) to the taxation from the transactions connected with implementation of the investment project plus percent to payment (financial expenses) minus interest receivable (financial incomes).

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info