ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of September 29, 2017 No. 1181

About modification of Rules of provision from the federal budget of subsidies to the Russian organizations of automotive industry, including their affiliated organizations, on compensation of part of costs for interest payment on the credits received on implementation of investment and innovative projects and (or) payment of coupon yield for the bonds issued for implementation of expenses of investment nature on compensation of part of costs for interest payment on the loans attracted in 2009 - 2010 and provided with the state guarantees of the Russian Federation and also for compensation of part of costs for interest payment on the loans attracted by the Russian organizations of automotive industry in 2015 on the purpose of refinancing and (or) acquisition of rights of requirements for the credits and loans which are earlier attracted with their affiliated and dependent societies

The government of the Russian Federation decides:

Approve the enclosed changes which are made to Rules of provision from the federal budget of subsidies to the Russian organizations of automotive industry, including their affiliated organizations, on compensation of part of costs for interest payment on the credits received on implementation of investment and innovative projects and (or) payment of coupon yield for the bonds issued for implementation of expenses of investment nature on compensation of part of costs for interest payment on the loans attracted in 2009 - 2010 and provided with the state guarantees of the Russian Federation and also for compensation of part of costs for interest payment on the loans attracted by the Russian organizations of automotive industry in 2015 on the purpose of refinancing and (or) acquisition of rights of requirements for the credits and loans which are earlier attracted with their affiliated and dependent societies approved by the order of the Government of the Russian Federation of December 19, 2015 No. 1383 "About provision from the federal budget of subsidies to the Russian organizations of automotive industry, including their affiliated organizations, on compensation of part of costs for interest payment on the credits received on implementation of investment and innovative projects and (or) payment of coupon yield for the bonds issued for implementation of expenses of investment nature on compensation of part of costs for interest payment on the loans attracted in 2009 - 2010 and provided with the state guarantees of the Russian Federation and also for compensation of part of costs for interest payment on the loans attracted by the Russian organizations of automotive industry in 2015 on the purpose of refinancing and (or) acquisition of rights of requirements for the credits and loans which are earlier attracted with their affiliated and dependent societies and recognition voided some acts of the Government of the Russian Federation" (The Russian Federation Code, 2015, No. 52, Art. 7608; 2016, No. 24, Art. 3525).

Approved by the Order of the Government of the Russian Federation of September 29, 2017 No. 1181

Changes which are made to Rules of provision from the federal budget of subsidies to the Russian organizations of automotive industry, including their affiliated organizations, on compensation of part of costs for interest payment on the credits received on implementation of investment and innovative projects and (or) payment of coupon yield for the bonds issued for implementation of expenses of investment nature on compensation of part of costs for interest payment on the loans attracted in 2009 - 2010 and provided with the state guarantees of the Russian Federation and also for compensation of part of costs for interest payment on the loans attracted by the Russian organizations of automotive industry in 2015 on the purpose of refinancing and (or) acquisition of rights of requirements for the credits and loans which are earlier attracted with their affiliated and dependent societies

1. Add Item 1 with the paragraph of the following content:

"Subsidies are provided for the purpose of decrease in credit loading of the organizations of automotive industry.".

2. State Item 3 in the following edition:

"3. Subsidies on the credits obtained on implementation of investment projects, subsidies on the credits for refinancing and subsidies on the credits provided with the state guarantee on condition of receipt of currency loans of the Russian Federation are provided from calculation of 0,9 of key interest rate of the Central bank of the Russian Federation if the loan interest rate, received in currency of the Russian Federation, is more or is equal to key interest rate of the Central bank of the Russian Federation operating on payment date of percent on the credit, at the same time the subsidy size (With 1) it is calculated by formula:

                                                                                                    C1 = (About x C x D x 0,9) / (Cd x 100),

where:

About - remaining balance of loan debt proceeding from which the subsidy is calculated;

C - key interest rate of the Central bank of the Russian Federation on payment date of percent on the credit;

Д - the number of days in the period for which percent on the credit are added;

Cd - the number of calendar days in year.".

3. Add with Items 3 (1) - 3(3) following contents:

"3(1). If the loan interest rate is less than key interest rate of the Central bank of the Russian Federation operating on payment date of percent on the credit, compensation is performed from calculation of 0,9 of cost amount of the organization of automotive industry on interest payment on the credit, at the same time the subsidy size (With 2) it is calculated by formula:

                                                                                                       C2 = (About x P x D x 0,9) / (Cd x 100),

where:

About - remaining balance of loan debt proceeding from which the subsidy is calculated;

П - interest rate for the credit agreement on payment date of percent on the credit;

Д - the number of days in the period for which percent on the credit are added;

Cd - the number of calendar days in year.

3(2). Subsidies on the credits obtained on implementation of investment projects, and subsidies on the credits provided with the state guarantee on condition of receipt of foreign currency loans are provided in rubles from calculation of 0,9 of cost amount of the organization of automotive industry on interest payment on the credit during settlement period proceeding from the ruble exchange rate to foreign currency established by the Central bank of the Russian Federation for date of implementation of the specified costs, at the same time the subsidy size (With 3) it is calculated by formula:

                                                                                                  C3 = (About x P x the KR x D x 0,9) / (Cd x 100),

where:

About - remaining balance of loan debt proceeding from which the subsidy is calculated;

П - interest rate for the credit agreement on payment date of percent on the credit;

The KR - the ruble exchange rate to foreign currency established by the Central bank of the Russian Federation on payment date of percent on the credit;

Д - the number of days in the period for which percent on the credit are added;

Cd - the number of calendar days in year.

At the same time the size of the provided subsidy on the credits obtained on implementation of investment projects, or subsidies on the credits provided with the state guarantee cannot exceed the size calculated proceeding from rate on the credit obtained in foreign currency in the amount of annual interest rate 6,5.

3(3). If the loan interest rate exceeds specified in Item 3 (2) these rules the size, the subsidy size (With 4) it is calculated by formula:

                                                                                               C4 = (About x 6,5 of % x the KR x D x 0,9) / (Cd x 100),

where:

About - remaining balance of loan debt proceeding from which the subsidy is calculated;

The KR - the ruble exchange rate to foreign currency established by the Central bank of the Russian Federation on payment date of percent on the credit;

Д - the number of days in the period for which percent on the credit are added;

Cd - the number of calendar days in year.".

4. State item 4 in the following edition:

"4. Subsidies on bonds are provided from calculation of 0,9 of cost amount of the organization of automotive industry on payment of coupon yield for bonds, at the same time the subsidy size (With 1) it is calculated by formula:

                                                                                                  So1 = (N x Personal computer x of Recreation center x 0,9) / (Cd x 100),

where:

N - nominal value of bonds which funds from realization are allocated for financing of expenses of investment nature for date of filing of application;

The personal computer - coupon interest rate;

Recreation center - the number of calendar days of the coupon period;

Cd - the number of calendar days in year.

At the same time the subsidy size on bonds cannot exceed the size calculated proceeding from 0,9 of key interest rate of the Central bank of the Russian Federation operating on payment date of coupon yield.".

5. Add with item 4 (1) the following content:

"4(1). If the loan interest rate exceeds the size specified in item 4 of these rules, the subsidy size (With 2) it is calculated by formula:

                                                                                                  So2 = (N x Klk x Recreation center x 0,9) / (Cd x 100),

where:

N - nominal value of bonds which funds from realization are allocated for financing of expenses of investment nature for date of filing of application;

Klk - key interest rate of the Central bank of the Russian Federation on payment date of coupon yield;

Recreation center - the number of calendar days of the coupon period;

Cd - the number of calendar days in year.".

6. In Item 6:

a) after the word "are provided" to add with the word "quarterly";

b) shall be replaced with words the words "approved to the Ministry of Industry and Trade of the Russian Federation" "brought in accordance with the established procedure to the Ministry of Industry and Trade of the Russian Federation as receiver of means of the federal budget".

7. State Item 7 in the following edition:

"7. The subsidy is provided based on the agreement on provision of subsidy signed between the Ministry of Industry and Trade of the Russian Federation and the organization of automotive industry (further - the agreement on provision of subsidy) according to the standard form established by the Ministry of Finance of the Russian Federation in which it is provided including:

a) obligation of the Ministry of Industry and Trade of the Russian Federation and bodies of the state financial control on conducting checks of observance by the organizations of automotive industry of procedure, the purposes and conditions of provision of the subsidies established by these rules and the contract on provision of subsidy, and also the consent of the organization of automotive industry for conducting such checks;

b) list of subsidized credit agreements and bonded loans.".

8. Add with Item 7 (1) the following content:

"7(1). The organization of automotive industry shall correspond on the 1st, preceding month in which the conclusion of the agreement on provision of subsidy, to the following requirements is planned:

a) the organization of automotive industry 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;

b) the organization of automotive industry has no overdue debt on return to the federal budget of the subsidies, budget investments provided including according to other legal acts, and other arrears to the federal budget;

c) the organization of automotive industry is not in process of reorganization, liquidation, bankruptcy;

d) the organization of automotive industry is not foreign legal entity, and also the Russian 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 approved by the Ministry of Finance of the Russian Federation when carrying out financial transactions (offshore zones) concerning such legal entities in total exceeds 50 percent;

e) the organization of automotive industry does not receive means from the federal budget according to other regulatory legal acts on financial provision and (or) expense recovery, the these rules specified in Item 1, according to the provided list of credit agreements and bonded loans.".

9. In Item 8:

a) state the subitem "an" in the following edition:

"a) the extract from the Unified State Register of Legal Entities (in case of non-presentation of such document by the organization the Ministry of Industry and Trade of the Russian Federation requests it independently);";

b) add with subitems "i" and "k" of the following content:

"i) the reference of tax authority confirming compliance of the organization of automotive industry to the requirements provided by the subitem "an" of Item 7 (1) these rules (in case of non-presentation of automotive industry of such document by the organization the Ministry of Industry and Trade of the Russian Federation requests it independently);

j) the reference signed by the head and the chief accountant (in the presence), confirming compliance of the organization to the requirements provided by subitems "b" - "д" Item 7 (1) these rules.".

10. In Item 9:

a) in the subitem "an" of the word", in the special magazine which proshnurovyvatsya, numbered and sealed the Ministries" to exclude;

b) in the subitem "g" of the word of "Items 5 and 8" shall be replaced with words "Items 5, 7(1) and 8".

11. In Item 10:

a) recognize subitems "v" and "g" invalid;

b) "the chief accountant of the organization of automotive industry" and "under seal the organizations of automotive industry" to add the subitem "d" after words with words "(in the presence)".

12. To declare the subitem "v" of Item 11 invalid.

13. In the subitem "g" of Item 12 of the word of "civil agreements and (or) other documents" shall be replaced with words "payment documents".

14. To recognize subitems "v" and "g" of Item 13 invalid.

15. To recognize subitems "v" and "g" of Item 14 invalid.

16. In Item 15:

a) the paragraph one of the subitem "a" to state in the following edition:

"a) unauthenticity of information provided by the receiver to subsidy (or) non-presentation in full and (or) at the scheduled time of documents and (or) discrepancy of the documents submitted by the receiver of subsidy to the requirements provided:";

b) declare the subitem "v" invalid;

c) add with the subitem "g" of the following content:

"d) availability at the organization of automotive industry of arrears for the monetary commitments to the Russian Federation determined in Article 93.4 of the Budget code of the Russian Federation.".

17. In the subitem "an" of Item 16 of the word "in the special magazine which proshnurovyvatsya, numbered and sealed the Ministries" to exclude.

18. Add with Item 16 (1) the following content:

"16(1). The Ministry of Industry and Trade of the Russian Federation keeps the register of credit agreements on compensation of part of costs for interest payment according to which subsidies according to the procedure, established by these rules, with indication of the name of creditor bank, details of credit agreements, effective periods of credit agreements, loan currency are provided, interest rates, remaining balance of loan debt by the end of the reporting period.".

19. In Item 17 the word "lists" shall be replaced with words "no later than the 10th working day after decision making about provision of subsidy provides transfer".

20. In Item 18:

a) in paragraph one to replace the word of "efficiency" with the word of "effectiveness";

b) in paragraph six to replace the word "efficiency" with the word "effectiveness".

21. State Item 19 in the following edition:

"19. Control of observance of the purposes, conditions and procedure for provision of subsidies is performed by the Ministry of Industry and Trade of the Russian Federation and bodies of the state financial control.".

22. State Item 20 in the following edition:

"20. In case of establishment following the results of the inspections which are carried out by the Ministry of Industry and Trade of the Russian Federation and bodies of the state financial control, the fact of violation of the conditions established by provision of subsidy, and (or) non-execution or improper execution of undertaken obligations on achievement of indicators of effectiveness of provision of subsidy, appropriate means are subject to return to the income of the federal budget according to the procedure, established by the legislation of the Russian Federation, within 10 working days from the date of receipt by the organization of automotive industry of the relevant requirement of the Ministry of Industry and Trade of the Russian Federation and (or) authorized body of the state financial control.".

23. Declare Item 21 invalid.

24. Appendix No. 2 to the specified Rules after the words "L. S." to add with words "(in the presence)".

25. Appendices No. 3 and 4 to the specified Rules after the words "Chief Accountant", "Chief Accountant of the Financial Organization" and "L. S." to add with words "(in the presence)".

26. Appendices No. 5 and 6 to the specified Rules after the words "Chief Accountant" and "L. S." to add with words "(in the presence)".

27. Appendix No. 7 to the specified Rules after the words "L. S." to add with words "(in the presence)".

 

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