ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 16, 2017 No. 1564

About introduction of amendments to some acts of the Government of the Russian Federation on the questions concerning the special investment contract

The government of the Russian Federation decides:

1. Approve the enclosed changes which are made to acts of the Government of the Russian Federation on the questions concerning the special investment contract.

2. Determine that on behalf of the Russian Federation:

The Ministry of Energy of the Russian Federation signs special investment contracts in relation to oil processing, gas-processing, petrochemical, coal and electrical power industries, and also exercises control of their execution;

The Ministry of Agriculture of the Russian Federation signs special investment contracts in the established field of activity of the Ministry, and also exercises control of their execution.

3. Provisions of Items 2 - 36 Rules of the conclusion of special investment contracts (with the changes approved by this resolution) do not extend much the conclusions of special investment contracts concerning which pre-trial detention of the Ministry of Industry and Trade of the Russian Federation about possibility of the conclusion of the special investment contract was received about day of entry into force of this resolution.

4. This resolution becomes effective after 180 days from the date of its official publication, except for Item 2 of this resolution which is becoming effective after 10 days from the date of official publication of this resolution.

Approved by the Order of the Government of the Russian Federation of December 16, 2017 No. 1564

Changes which are made to acts of the Government of the Russian Federation on the questions concerning the special investment contract

1. Subitem 5.21.12 of the Regulations on the Ministry of Industry and Trade of the Russian Federation approved by the order of the Government of the Russian Federation of June 5, 2008 No. 438 "About the Ministry of Industry and Trade of the Russian Federation" (The Russian Federation Code, 2008, No. 24, Art. 2868; 2009, No. 3, Art. 378; No. 6, Art. 738; No. 11, Art. 1316; No. 25, Art. 3065; No. 26, Art. 3197; No. 33, Art. 4088; 2010, No. 6, Art. 649; No. 9, Art. 960; No. 26, Art. 3350; No. 31, Art. 4251; No. 35, Art. 4574; No. 45, Art. 5854; 2011, No. 43, Art. 6079; No. 46, Art. 6523; No. 47, Art. 6653, 6662; 2012, No. 1, Art. 192; No. 43, Art. 5874, 5886; 2013, No. 5, Art. 392; No. 23, Art. 2909; No. 33, Art. 4386; No. 45, Art. 5822; 2014, No. 9, Art. 923; No. 16, Art. 1897; No. 37, Art. 4961; 2015, No. 1, Art. 279; No. 2, Art. 491; No. 14, Art. 2118; No. 26, Art. 3901; No. 27, Art. 4080; No. 40, Art. 5563; No. 44, Art. 6136; No. 49, Art. 6976; No. 51, Art. 7352; 2016, No. 13, Art. 1828; No. 32, Art. 5122; No. 41, Art. 5828; No. 42, Art. 5929; 2017, No. 8, Art. 1250; No. 23, Art. 3343; No. 36, of the Art. 5436) to state in the following edition:

"5.21.12. signs on behalf of the Russian Federation special investment contracts in the established field of activity of the Ministry, and also exercises control of their execution;".

2. In the order of the Government of the Russian Federation of July 16, 2015 No. 708 "About special investment contracts for separate industries" (The Russian Federation Code, 2015, No. 30, Art. 4587; 2017, No. 1, Art. 220):

a) The rules of the conclusion of special investment contracts approved by the specified resolution to state in the following edition:

"Are approved by the Order of the Government of the Russian Federation of July 16, 2015 No. 708 (in edition of the Order of the Government of the Russian Federation of December 16, 2017 No. 1564)

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 field 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 target measures and indicators of state programs of the Russian Federation in industries within which investment projects, in the relation are implemented:

a) the investment project which began to be implemented that calendar year in which the investor submitted the application for the conclusion of the special investment contract 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 under control of the legal entities created according to the legislation of foreign states and which 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) concerning such legal entities;

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.

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 "a" - "е" 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 transfer 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.

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.

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).

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