FEDERAL LAW OF THE RUSSIAN FEDERATION

of August 4, 2023 No. 448-FZ

About introduction of amendments to the Federal law "About Special Economic Zones in the Russian Federation" and separate legal acts of the Russian Federation

Accepted by the State Duma on July 26, 2023

Approved by the Federation Council on July 28, 2023

Article 1

Bring in the Federal Law of July 22, 2005 No. 116-FZ "About special economic zones in the Russian Federation" (The Russian Federation Code, 2005, No. 30, Art. 3127; 2006, No. 23, Art. 2383; 2007, No. 45, Art. 5417; 2008, No. 30, Art. 3616; 2009, No. 52, Art. 6416; 2011, No. 30, Art. 4563; No. 45, Art. 6335; No. 49, Art. 7043, 7070; No. 50, Art. 7351; 2012, No. 53, Art. 7643; 2013, No. 9, Art. 873; No. 30, Art. 4064; 2014, No. 26, Art. 3377; 2015, No. 1, Art. 52; No. 27, Art. 3975; No. 29, Art. 4339; 2016, No. 27, Art. 4183, 4294; 2017, No. 30, Art. 4457; 2021, No. 1, Art. 71; 2022, No. 13, Art. 1960; No. 45, Art. 7673; 2023, No. 12, Art. 1890, 1897) following changes:

1) in Article 2:

a) in paragraph one of the word "For the Purposes" shall be replaced with words "1. For the purposes";

b) state Item 2 in the following edition:

"2) managing company - economic society which signed with the Government of the Russian Federation, the supreme executive body of the subject of the Russian Federation, executive body of the municipality or executive bodies of municipalities the agreement on creation of the special economic zone and on management of the special economic zone and which conforms to the following requirements:

a) at the time of the conclusion of the specified agreement:

economic society shall not have 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;

economic society shall not have arrears to budgets of budget system of the Russian Federation;

economic society shall not be in process of reorganization (except for reorganization in the form of transformation) or liquidations, also concerning it insolvency proceeding shall not be entered;

on economic society the federal executive body authorized by the Government of the Russian Federation independently or according to the offer of the supreme executive body of the subject of the Russian Federation makes the decision on involvement of economic society to management of the special economic zone. The procedure and criteria according to which such decision is made are established by the specified authorized federal executive body;

b) during effective period of the specified agreement:

economic society shall be the legal entity who is registered in the territory of the Russian Federation and answers the following signs:

no more than twenty five percent of total quantity of the voices falling on voting shares (shares) constituting the authorized capital of economic society are at the disposal of the foreign investor;

the foreign investor has no opportunity to determine the decisions made by economic society including to determine conditions of implementation by economic society of business activity;

the foreign investor is not given the right to appoint sole executive body and (or) more than fifty percent of structure of collegiate executive body or election more than fifty percent of structure of the board of directors (supervisory board) or other collegiate organ of management of economic society;

economic society shall not be in process of reorganization (except for reorganization in the form of transformation) or liquidations, also concerning it insolvency proceeding shall not be entered;";

c) add with items 4 - 7 following contents:

"4) objects engineering, transport, social, innovative and other infrastructures of the special economic zone - the building, constructions and other objects created and (or) reconstructed and (or) created and (or) reconstructed in the territory of the special economic zone or in the territory, adjacent to the special economic zone, at the expense of means of the federal budget, budget of the subject of the Russian Federation, local budgets and non-budgetary sources, including means of managing company, included in the list of objects provided by part 9 of article 6 of this Federal Law engineering, transport, social, innovative and other infrastructures of the special economic zone and providing functioning of the special economic zone. Objects engineering, transport, social, innovative and other infrastructures of the special economic zone can be located outside the territory of the special economic zone and the territory, adjacent to the special economic zone, on condition of technological coherence of such objects with the objects created and (or) reconstructed and (or) created and (or) reconstructed in the territory of the special economic zone and the territory, adjacent to the special economic zone;

5) the territory, adjacent to the special economic zone, - the parcels of land belonging to the category of lands of the industry, power, transport, communication, broadcasting, television, information science, lands for ensuring space activities, lands defense, safety or lands of other special purpose, lands of settlements and having general borders with the parcels of land located in the territory of the special economic zone (total area no more than forty square kilometers - concerning industrial and production special economic zones and tourist and recreational special economic zones, no more than four square kilometers - concerning technology development special economic zones and no more than fifty square kilometers - concerning port special economic zones);

6) the coproduction agreement of products - the contract signed between legal entities, or between the legal entity and the individual entrepreneur, or between individual entrepreneurs, providing obligations of participants of such agreement on shipment of self-produced goods, raw materials, materials and component parts which are used by participants of such agreement in case of production of the critical components necessary for industries which list is determined by the interdepartmental commission on questions of development of production of critical component parts created according to the decision of the Government of the Russian Federation (further - innovative products), and also accomplishment by own forces of other works and services of production nature necessary for ensuring production of innovative products with participants of such agreement. The approximate form of the coproduction agreement of products and condition of its conclusion are established by the federal executive body authorized by the Government of the Russian Federation. The agreement parties about coproduction of products which received resident status of the special economic zone have the right to place goods under customs procedure of free customs zone according to this Federal Law;

7) end innovative products of agreement parties about coproduction of products (further - end innovative products) - the industrial output made with use of the goods, raw materials, materials and component parts made by agreement parties about coproduction of products for the purpose of its realization in the internal and external markets.";

d) add with part 2 following of content:

"2. In Item 2 parts of 1 this Article the concept "foreign investor" is used in the value specified regarding the 2nd article 3 of the Federal Law of April 29, 2008 to No. 57-FZ "About procedure of foreign investments in the economic societies having strategic importance for ensuring defense of the country and safety of the state".";

2) in Article 4:

a) parts 2 - 2.4 to recognize invalid;

b) state part 3 in the following edition:

"3. Creation of the special economic zone in the territory of the innovative scientific and technological center, the territory of the advancing development, in municipalities in which territories the free port Vladivostok or zone of territorial development, or in borders of especially protected natural territories or their conservation zones are created is not allowed.";

c) recognize parts 5 and 6 invalid;

3) Articles 5 and 5.1 to recognize invalid;

Article 6 to state 4) in the following edition:

"Article 6. Creation, change of the area and termination of existence of special economic zones

1. The decision on creation of the special economic zone in the territory of the subject of the Russian Federation and the territory of one municipality or the territories of several municipalities of the subject of the Russian Federation is accepted by the Government of the Russian Federation and is drawn up by the order of the Government of the Russian Federation.

2. The decision on creation of the special economic zone is made by the Government of the Russian Federation based on the criteria of creation of the special economic zone approved by the Government of the Russian Federation. The procedure for creation of the special economic zone and change of the area of the special economic zone is established by the Government of the Russian Federation.

3. The supreme executive body of the subject of the Russian Federation together with executive body of the municipality or executive bodies of municipalities submit to the federal executive body authorized by the Government of the Russian Federation the request for creation of the special economic zone with reasons for feasibility and efficiency of its creation for the solution of tasks of federal, regional and local importance. In case of creation of the special economic zone for which functioning creation and (or) reconstruction of infrastructure facilities of rail transport of uncommon use and (or) their connection (accession) to infrastructure facilities of rail transport public, to the request for creation of the special economic zone are necessary the consent in writing of the owner of infrastructure of rail transport public is applied. In case of creation of the port special economic zone on the basis of infrastructure facilities of seaport, river port, airport the consent in writing of the owner or owners of the infrastructure facilities which are in the territory intended for creation of the port special economic zone which cannot be withdrawn before agreement signature about implementation of activities in the port special economic zone is applied to the request for creation of the special economic zone.

4. The procedure for registration and application for creation of the special economic zone or for increase in the area of the created special economic zone, including the list of the documents attached to the request is established by the federal executive body authorized by the Government of the Russian Federation.

5. The government of the Russian Federation, the supreme executive body of the subject of the Russian Federation, executive body of the municipality or executive bodies of municipalities in which territories the special economic zone is created within thirty working days from the date of acceptance by the Government of the Russian Federation decisions on creation of the special economic zone sign the agreement on creation of the special economic zone and on management of the special economic zone.

6. In case of acceptance by the federal executive body authorized by the Government of the Russian Federation on own initiative or according to the offer of the supreme executive body of the subject of the Russian Federation of the decision on involvement of managing company to management of the special economic zone the managing company signs the agreement on creation of the special economic zone and on management of the special economic zone together with the public authorities and local government bodies specified in part 5 of this Article.

7. The standard form of the agreement on creation of the special economic zone and of management of the special economic zone affirms the federal executive body authorized by the Government of the Russian Federation.

8. Are established by the agreement on creation of the special economic zone and on management of the special economic zone:

1) amount, terms and sources of financing of creation and (or) reconstruction of objects engineering, transport, social, innovative and other infrastructures of the special economic zone;

2) obligations of the supreme executive body of the subject of the Russian Federation on transfer to the federal executive body of powers authorized by the Government of the Russian Federation on provision of the parcels of land which are in state-owned property in lease, to establishment of servitudes in borders of the special economic zone, to management and the order of other real estate objects which are in property of the subject of the Russian Federation and located in borders of the special economic zone for the term of its existence;

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