ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of February 3, 2021 No. 104

About modification of the Regulations on provision of information on the agreements signed by the parties not at the organized biddings under which obligations provide transition of the property right to the goods admitted to organized trading and also about maintaining the register of such agreements and provision of information from the specified register

The government of the Russian Federation decides:

1. Approve the enclosed changes which are made to Regulations on provision of information on the agreements signed by the parties not at the organized biddings under which obligations provide transition of the property right to the goods admitted to organized trading and also about maintaining the register of such agreements and provision of information from the specified register, approved by the order of the Government of the Russian Federation of July 23, 2013 No. 623 "About approval of the Regulations on provision of information on the agreements signed by the parties not at the organized biddings under which obligations provide transition of the property right to the goods admitted to organized trading and also about maintaining the register of such agreements and provision of information from the specified register" (The Russian Federation Code, 2013, No. 31, Art. 4219; 2015, No. 31, Art. 4698).

2. This resolution becomes effective after 180 days after day of its official publication, except for subitems "b", "v", the paragraph of the third subitem "d" of Item 1 and Item of 2 changes approved by this resolution which become effective from the date of official publication of this resolution.

Approved by the Order of the Government of the Russian Federation of February 3, 2021 No. 104

Changes which are made to Regulations on provision of information on the agreements signed by the parties not at the organized biddings under which obligations provide transition of the property right to the goods admitted to organized trading and also about maintaining the register of such agreements and provision of information from the specified register

1. In Item 2:

a) in the subitem "an" of the word "the technical regulation "About Requirements to Automobile and Aviation Gasoline, Diesel and Ship Fuel, Fuel for Jet Engines and to Fuel Oil" approved by the order of the Government of the Russian Federation of February 27, 2008 No. 118" shall be replaced with words "the technical regulation of the Customs union of TR CU 013/2011 "About requirements to automobile and aviation gasoline, diesel and ship fuel, fuel for jet engines and to fuel oil", the approved decision of the Commission of the Customs union of October 18, 2011 No. 826";

b) state the subitem "g" in the following edition:

"d) wheat and meslin, barley and corn in case of production volume group of persons of the producer for prior year over 10 thousand tons and transaction amount at least 60 tons;";

c) add with the subitem "(1)" the following content:

"(1)) wheat and meslin, barley and corn realized for export by persons who are not entering group of persons of the producer provided that the amount of the transaction makes at least 60 tons;";

d) state the subitem "e" in the following edition:

"e) the liquefied hydrocarbon gas realized on the non-regulated state to the prices in case of sales amount group of persons of the producer for prior year over 100 thousand tons and provided that the amount of the transaction makes at least 30 tons;";

e) add with subitems "zh" - "and" the following content:

"g) bitumen oil provided that total production volume group of persons of the business entity enabling the realization of bitumen oil over 30 thousand tons for prior year and amount of the transaction make at least 20 tons;

h) sugar white crystal GOST 33222-2015 in case of production volume group of persons of the producer for prior year over 10 thousand tons and transaction amount at least 20 tons;

i) round wood according to the OKPD2 codes (OK 034-2014) 02.20. 11, 02.20.12 in case of amount of cutting down (procurement) by group of persons of the producer for prior year over 15 thousand cubic meters and provided that the amount of the transaction makes at least 60 cubic meters.".

2. In Item 6:

a) after words "Item 2" to add with words "(except for the goods provided by the subitem "(1)")";

b) add with the paragraph of the following content:

"Information on off-exchange agreements concerning the goods provided by the subitem "is subject to provision on the exchange (1)" Item 2 this provision imprisoned by persons realizing these goods for export and persons which are acting for the benefit of and at the expense of specified persons.".

3. Add with Items 6 (1) - 6(4) following contents:

"6(1). Information on the off-exchange agreements containing the data determined by the Law of the Russian Federation "About the state secret" which are the state secret is not subject to provision on the exchange.

6(2). Information on off-exchange agreements concerning the goods which are initially realized at the organized biddings is not subject to provision on the exchange (in case of availability of the confirmed data on such realization).

6(3). Information on off-exchange agreements concerning the goods used for own technological and production and operational needs of producers of these goods and persons entering into one group with producers of these goods is not subject to provision on the exchange.

6(4). For the purposes of realization of this provision production is understood also as receipt by business entity of the property right to goods as a result of conversion of the raw materials belonging to this business entity including according to the contract with the organization processor signed by such business entity. At the same time producer of goods for the purposes of this provision is the business entity who acquired the property right to goods as a result of conversion of the raw materials belonging to it including according to the contract with the organization processor signed by such business entity.".

4. To declare paragraph two of Item 9 invalid.

5. In Item 13:

a) subitems "zh" - "to" state in the following edition:

"g) the goods price (for unit, including taxes and fees) specified in the off-exchange agreement (the supplementary agreement and (or) other document determining (changing) the data provided by this Item) and also:

pricing date of goods in the off-exchange agreement (the supplementary agreement and (or) other document determining (changing) the data provided by this Item);

currency in which the goods price in the off-exchange agreement (the supplementary agreement and (or) other document determining (changing) the data provided by this Item) is specified;

data on availability or lack of the bases for application of preferential pricing, stipulated by the legislation the Russian Federation, with indication of details of the corresponding regulatory legal act;

the name and type (the railway station, the petroleum storage depot, warehouse, gas distribution station, the plant, the mine, the field) of the place to which transportation is included in the goods price specified in the agreement (the supplementary agreement and (or) other document) (in case of availability of conditions of such transportation);

h) the name and type (the railway station, the petroleum storage depot, warehouse, elevator, gas distribution station, the plant, the mine, the field) of basis of delivery (the place which the obligation of the supplier on delivery of goods is recognized performed according to the off-exchange agreement (the supplementary agreement and (or) other document) and goods delivery conditions (free on car station of destination with supply capacity in the reservoir of the buyer, French-truck tank, French-elevator, free on rail station of origin, free on rail relay station, shipment at own expense rail transport, shipment at own expense by road transport, French-station of destination, French-pipe, the French-reservoir, free on board, free warehouse of the consignee);

i) name and type (plant, mine, field, field) of goods production site;

j) name and type (railway station, petroleum storage depot, warehouse, elevator, gas distribution station, plant, mine, field) of the place of shipment of goods;";

b) in the subitem "l" of the word "the place which the obligation of the supplier is recognized performed according to the off-exchange agreement (supplementary agreement), in rubles for unit" shall be replaced with words "basis of delivery, and also all services connected with the specified transportation in rubles for unit, including taxes and fees";

c) state the subitem "m" in the following edition:

"l) date of the conclusion of the off-exchange agreement and its number, and also date of the conclusion of the supplementary agreement and (or) other document and their number if such supplementary agreement and (or) other document contain any of the data provided by subitems "a" - "to" and "m" - "x" this Item;";

d) "pipeline" to add the subitem "n" after the word with the word", conveyor";

e) state the subitem "o" in the following edition:

"o) effective date of the off-exchange agreement (the supplementary agreement and (or) other document determining (changing) stipulated in Item the 13th this provision of the data) and completion date (deliveries) according to the off-exchange agreement (the supplementary agreement and (or) other document);";

e) add with subitems "y" - "c" of the following content:

"s) the name and identification taxpayer number - person who is the owner of goods at the time of transfer of goods, and for the foreign person who does not have identification taxpayer number - the name;

t) data on goods origin (it is got it (is made) by person who is the owner of goods at the time of transfer of goods; it is acquired by person who is the owner of goods at the time of transfer of goods);

x) the goods price (in rubles for unit, including taxes and fees) specified to basis of delivery (taking into account the logistic costs added (subtracted) to the price of goods specified in the off-exchange agreement) (if necessary it is converted into rubles on the rate established by the Central bank of the Russian Federation for pricing date of goods);

v) actual date of shipment of goods, when applicable.".

6. State Item 14 in the following edition:

"14. Concerning the goods provided by subitems "an" and "v" - "and" Item 2 this provision, data, stipulated in Item the 13th this provision, are provided by person which signed the off-exchange agreement, the exchange in electronic form in form and according to requirements which are established by internal documents of the exchange, for each off-exchange agreement in time no later than 3 working days from the date of determination by the parties of the off-exchange agreement of all data provided by subitems "a" - "to" and "m" - "x" Item 13 of this provision, and in case of introduction of amendments to the off-exchange agreement (the supplementary agreement and (or) other document determining provided by subitems "a" - "to" and "m" - "x" Item 13 of this provision of the data) - from the date of change of the corresponding data.

Concerning the goods provided by the subitem "b" of Item 2 this provision data, stipulated in Item the 13th this provision, are provided by person which signed the off-exchange agreement, the exchange in electronic form in form and according to requirements which are established by internal documents of the exchange, for each off-exchange agreement in time no later than 3 working days from the date of determination by the parties of the off-exchange agreement of all data provided by subitems "a" - "е", "з" - "to" and "m" - "ф" Item 13 of this provision, and in case of introduction of amendments to the off-exchange agreement (the supplementary agreement and (or) other document determining provided by subitems "a" - "е" "з" - "to" and "m" - "ф" Item 13 of this provision of the data) - from the date of change of the corresponding data.

Concerning the goods provided by the subitem "b" of Item 2 this provision, the data provided by subitems "zh" and "x" of Item 13 of this provision are provided to the exchange by person which signed the off-exchange agreement in electronic form in form and according to requirements which are established by internal documents of the exchange, in process of determination of such data by the parties of the off-exchange agreement under each off-exchange agreement no later than 3 working days from the date of determination of the off-exchange agreement of such data by the parties.

The data provided by subitems "l" and "ts" of Item 13 of this provision are provided to the exchange by person which signed the off-exchange agreement in electronic form in form and according to requirements which are established by internal documents of the exchange, under each off-exchange agreement no later than 3 working days from the date of their determination of the off-exchange agreement by the parties.".

7. In Items 15 and 16 of the word "subitems "a" - "to" and Item 13 "m" - "t"" shall be replaced with words "Item 14".

8. In Item 17 of the word of "1 working day" shall be replaced with words "3 working days".

9. State Item 20 in the following edition:

"20. The data containing in the register are transferred by the exchange to the federal executive body performing state regulation of that field of activity to which production of the corresponding goods, based on the written request in the amount specified in such request, in time no later than 3 working days from the date of receipt of the corresponding request, except as specified, when other term is established by the legislation of the Russian Federation belongs. Such request shall be signed by the authorized officer.

The exchange provides information from the register to the federal executive bodies which are not performing state regulation of that field of activity to which production of the corresponding goods, and to the Central bank of the Russian Federation based on the motivated written request (further - motivated request) in the amount specified in motivated request, in time no later than 5 working days from the moment of receipt of motivated request, except as specified, when other term is established by the legislation of the Russian Federation belongs. The motivated request is signed by the authorized officer and contains specifying of the purpose and basis of the requirement of provision of the following information:

data, stipulated in Item 13th this provision;

statistical data about transactions on certain type of the goods which are subject to alienation according to off-exchange agreements for certain period of time to which number data can belong:

about quantity (in the units of measure established by the exchange) and goods costs (in rubles) according to each transaction;

about quantity (in the units of measure established by the exchange) and goods costs (in rubles), the maximum and minimum values of these indicators, and also about the number of the bargains concluded within 1 working day;

about amounts (in the units of measure established by the exchange) and weighted average cost of goods (in rubles).".

10. In Item 22:

a) the paragraph one after words to "the data from the register" to add with the words "also can provide access to off-exchange indexes (the indicators calculated by the exchange on the basis of the acquired information about the agreements signed not at the organized biddings by the technique approved by the exchange)";

b) the third and fourth paragraph two after the words "The Generalized Data" to add offers with the words "and off-exchange indexes".

11. The offer second of Item 24 to state in the following edition: "The specified bodies which obtained information from the register having no right to transfer it to the third parties, except for the summarized information and off-exchange indexes, stipulated in Item 22 this provision if other is not established by the legislation of the Russian Federation.".

12. Items 1 and 3 - the 7th appendices No. 1 to the specified Provision to recognize invalid.

13. To declare Item 1 of appendix No. 2 to the specified Provision invalid.

14. To declare Item 1 of appendix No. 3 to the specified Provision invalid.

 

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