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Ministry of Justice

Russian Federation

On February 10, 2017 No. 45594

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of November 22, 2016 No. 4210-U

About features of monitoring of payment under the state defensive order

Based on the Federal Law of December 29, 2012 No. 275-FZ "About the state defensive order" (The Russian Federation Code, 2012, No. 53, Art. 7600; 2013, No. 52, Art. 6961; 2015, No. 27, Art. 3950; No. 29, Art. 4342; 2016, No. 27, the Art. 4250) (further - the Federal Law "About the State Defensive Order") and the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, Art. 2790; 2003, No. 2, Art. 157; No. 52, Art. 5032; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 25, Art. 2426; No. 30, Art. 3101; 2006, No. 19, Art. 2061; No. 25, Art. 2648; 2007, No. 1, Art. 9, Art. 10; No. 10, Art. 1151; No. 18, Art. 2117; 2008, No. 42, Art. 4696, Art. 4699; No. 44, Art. 4982; No. 52, Art. 6229, Art. 6231; 2009, No. 1, Art. 25; No. 29, Art. 3629; No. 48, Art. 5731; 2010, No. 45, Art. 5756; 2011, No. 7, Art. 907; No. 27, Art. 3873; No. 43, Art. 5973; No. 48, Art. 6728; 2012, No. 50, Art. 6954; No. 53, Art. 7591, Art. 7607; 2013, No. 11, Art. 1076; No. 14, Art. 1649; No. 19, Art. 2329; No. 27, Art. 3438, Art. 3476, Art. 3477; No. 30, Art. 4084; No. 49, Art. 6336; No. 51, Art. 6695, Art. 6699; No. 52, Art. 6975; 2014, No. 19, Art. 2311, Art. 2317; No. 27, Art. 3634; No. 30, Art. 4219; No. 40, Art. 5318; No. 45, Art. 6154; No. 52, Art. 7543; 2015, No. 1, Art. 4, Art. 37; No. 27, Art. 3958, Art. 4001; No. 29, Art. 4348, Art. 4357; No. 41, Art. 5639; No. 48, Art. 6699; 2016, No. 1, Art. 23, Art. 46, Art. 50; No. 26, Art. 3891; No. 27, of the Art. 4225, of the Art. 4273, of the Art. 4295), according to the offer of the Ministry of Defence of the Russian Federation this Instruction establishes features of monitoring of payment under the state defensive order.

1. The basic concepts used in this Instruction are applied in the values determined by the Federal Law "About the State Defensive Order".

2. In case of payment by the head contractor, contractor from the separate expenditure account on delivery of goods, performance of works, rendering services in the prices (rates) which are subject to state regulation according to the list provided by the subitem "b" of Item 2 of part 1 of article 8.3 of the Federal law "About the State Defensive Order" on which the authorized body <1> approved the corresponding price (rate), authorized bank control of compliance of the purpose of payment specified by the head contractor, the contractor on hand about money transfer, to the act of authorized body of price approval (rate) which copy the authorized bank has the right to request from the head contractor, the contractor as the basis for creation of the order about money transfer is exercised.

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<1> Executive body, authorized to perform state regulation of the prices (rates).

If the document specified in this Item was submitted by the head contractor, the contractor in authorized bank earlier, the authorized bank has no right to require it repeatedly.

3. When implementing by the head contractor, contractor of settlings from the separate account with foreign contractors by the authorized bank exercises control:

availability of data on the foreign contractor in the list of the foreign contractors participating in deliveries of products according to the state defensive order and entering cooperation of the head contractor of deliveries of products according to the state defensive order within the accompanied transaction provided by the state customer in the procedure determined by it according to the subitem "d" of Item 2 of part 1 of article 8.3 of the Federal law "About the State Defensive Order";

availability of the contract with the foreign contractor represented as the document which is the basis for creation of the order about money transfer;

compliance of the amount of the payment specified on hand about money transfer (the cumulative amount of all payments specified at orders about money transfer) under the contract (contracts) with the foreign contractor, contract value (to advance amount under the contract) in the contract currency specified in the list of the foreign contractors participating in deliveries of products according to the state defensive order and entering cooperation of the head contractor of deliveries of products according to the state defensive order within the accompanied transaction provided by the state customer.

4. In case of payment by the head contractor, contractor from the separate payroll account to physical persons authorized bank:

in case of issue to the head contractor, contractor of cash in the same authorized bank control of submission by the head contractor, contractor to authorized bank of the settlement pay-sheet (other form of primary accounting documentation on accounting of work and its payment established by the legislation of the Russian Federation on financial accounting) based on which the head contractor, by the contractor constitutes the issue cash document on receipt of cash is exercised;

in case of money transfer on bank accounts of physical persons in the same authorized bank control of submission by the head contractor, contractor to authorized bank of the settlement pay-sheet (other form of primary accounting documentation on accounting of work and its payment established by the legislation of the Russian Federation on financial accounting) based on which the head contractor, by the contractor constitutes the order about money transfer for total amount with the register and (or) the separate order about money transfer concerning each physical person - the receiver of the salary is exercised;

in case of money transfer on bank accounts of physical persons in other bank control of submission by the head contractor, contractor to authorized bank of the contract with other bank on the salary project (is exercised in case of its availability) and the settlement pay-sheet (other form of primary accounting documentation on accounting of work and its payment established by the legislation of the Russian Federation on financial accounting) based on which the head contractor, by the contractor constitutes the order about money transfer for total amount with the register and (or) the separate order about money transfer concerning each physical person - the receiver of the salary;

in case of money transfer into the account of the head contractor, contractor in other bank for the purposes of cash disbursement of money control of submission by the head contractor, contractor to authorized bank of the settlement pay-sheet (other form of primary accounting documentation on accounting of work and its payment established by the legislation of the Russian Federation on financial accounting) based on which the head contractor, by the contractor constitutes the order about money transfer into the account of the head contractor, contractor in other bank is exercised.

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