ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of March 29, 2013 No. 277

About procedure for confirmation of the fact of production and control of amount of crude oil to which special formulas of calculation of rates of export customs duties on crude oil, and also about recognition can be applied No. 574 which voided Orders of the Government of the Russian Federation of July 16, 2009

According to article 3.1 of the Law of the Russian Federation "About customs tariff" the Government of the Russian Federation decides:

1. Approve enclosed:

Rules of confirmation of the fact of oil extraction crude with viscosity in bedded conditions at least 10000 millipaskal-seconds or the crude oil with special physical and chemical characteristics extracted in borders of the geographical objects specified in the subitem 4 of Item 5 of article 3.1 of the Law of the Russian Federation "About customs tariff";

Rules of control of amount of crude oil to which special formulas of calculation of rates of export customs duties on crude oil can be applied.

2. Declare invalid the order of the Government of the Russian Federation of July 16, 2009 No. 574 "About modification of the Customs tariff of the Russian Federation concerning crude oil" (The Russian Federation Code, 2009, No. 29, the Art. 3687).

3. The realization of the powers of federal executive bodies established according to this resolution is enabled within the number of their workers, and also budgetary appropriations provided to the specified bodies in the federal budget for the corresponding year on management and management in the field of the established functions established by the Government of the limiting Russian Federation.

4. This resolution becomes effective since April 1, 2013.

Approved by the Order of the Government of the Russian Federation of March 29, 2013 No. 277

Rules of confirmation of the fact of oil extraction crude with viscosity in bedded conditions at least 10000 millipaskal-seconds or the crude oil with special physical and chemical characteristics extracted in borders of the geographical objects specified in the subitem 4 of Item 5 of article 3.1 of the Law of the Russian Federation "About customs tariff

1. These rules establish procedure for confirmation of the fact of oil extraction of the crude, specified in Item 5 article 3.1 of the Law of the Russian Federation "About customs tariff" (further - crude oil).

2. The fact of oil extraction crude is confirmed by the Ministry of Energy of the Russian Federation together with Federal Agency for Subsoil Management.

The form of confirmation of the fact of oil extraction of the crude, specified in subitems 1 and 4 of Item 5 article 3.1 of the Law of the Russian Federation "About customs tariff", affirms the Ministry of Energy of the Russian Federation together with Federal Agency for Subsoil Management.

3. For confirmation of the fact of oil extraction crude the organization performing in the procedure established by the legislation of the Russian Federation use of subsoil plots and oil extraction crude (further - the organization applicant), no later than the 7th following for reporting sends the following documents to the Ministry of Energy of the Russian Federation:

a) copies of daily oil delivery and acceptance acts crude for month under report or transport (transportation) documents;

b) passport copies of quality of oil for month under report;

c) copies of licenses to use subsoil plots and license agreements to them;

d) data on oil extraction crude and physical and chemical characteristics of this oil for month under report, containing:

name of the field, number and date of the license to use subsoil;

the name of oil delivery and acceptance point crude (in case of its export by pipeline transport);

number of oil quantity and quality measuring system crude;

amount of oil extraction crude;

viscosity of crude oil in bedded conditions (concerning the crude oil specified in the subitem 1 of Item 5 of article 3.1 of the Law of the Russian Federation "About customs tariff");

density of crude oil in case of 20 degrees Celsius;

mass fraction of sulfur in crude oil.

4. Copies of the documents specified in the subitem "v" of Item 3 of these rules are represented by the applicant in case of the first request for receipt of confirmation of the fact of oil extraction crude, and also in case of entering into the specified documents of changes.

5. Copies of the documents submitted according to Item 3 of these rules (further - documents), and also data on oil extraction crude and physical and chemical characteristics of this oil are certified by the signature of the head of the organization applicant and seal of the organization applicant.

6. The Ministry of Energy of the Russian Federation within 2 working days from the date of receipt of documents checks completeness (sufficiency) of the documents submitted by the organization applicant and completeness of information containing in them.

7. By results of consideration of documents the Ministry of Energy of the Russian Federation together with Federal Agency for Subsoil Management within 8 working days from the date of their receipt in the Ministry in writing inform the organization applicant on confirmation of the fact of oil extraction crude for month under report on the respective field (with indication of the subsoil plot) and specify data on amount of oil extraction crude (if following the results of month under report the amount of oil extraction crude differs from amount of delivery of crude oil, the amount of delivery of crude oil), about viscosity of crude oil in bedded conditions (concerning the crude oil specified in the subitem 1 of Item 5 of article 3.1 of the Law of the Russian Federation "About customs tariff") is specified, to density in case of 20 degrees Celsius and mass fraction of sulfur in it or about impossibility of its confirmation.

8. In case of availability of disagreements between the Ministry of Energy of the Russian Federation and Federal Agency for Subsoil Management concerning confirmation of the fact of oil extraction crude for month under report or impossibility of its confirmation the specified federal executive bodies within 3 working days from the date of identification of such disagreements, but not later than in 8 working days from the date of receipt of documents in the Ministry, carry out joint study of documents.

By results of the specified joint study the Ministry of Energy of the Russian Federation in writing informs the organization applicant on confirmation of the fact of oil extraction crude for month under report or on impossibility of its confirmation.

9. Reason for impossibility of confirmation of the fact of oil extraction crude is:

a) non-presentation by the applicant of documents at the scheduled time in full or submission of the data containing unreliable information;

b) ceased to be valid;

c) excess of the amounts of the crude oil extracted on the field (subsoil plot) and exported from it using special formula of calculation of rate of export customs duty which are saved up since January 1, 2019 over the established subitem 4 of Item 5 of article 3.1 of the Law of the Russian Federation "About customs tariff" extreme amount of oil extracted on the subsoil plot, except for amounts of oil extracted on new sea fields of hydrocarbonic raw material.

Approved by the Order of the Government of the Russian Federation of March 29, 2013 No. 277

Rules of control of amount of crude oil to which special formulas of calculation of rates of export customs duties on crude oil can be applied

1. These rules establish procedure for monitoring procedure of amount of crude oil to which special formulas of calculation of rates of export customs duties on crude oil can be applied (further - crude oil).

2. Control of amount of crude oil is exercised by the Federal Customs Service.

3. The participant of foreign economic activity performing export of crude oil from the Russian Federation out of limits of customs area of the Eurasian Economic Union by pipeline transport (further - the applicant), quarterly, not later than 15 calendar days prior to the beginning of quarter in which export of the extracted oil from the Russian Federation is performed represents to the Ministry of Energy of the Russian Federation the certificate of confirmation of conformity of data on oil export crude to the oil transportation schedule from the Russian Federation approved by the Ministry in the form approved by the Ministry (further - the reference).

4. The Ministry of Energy of the Russian Federation within 3 working days from the date of receipt of the reference performs the data containing in the reference, and in case of reliability of the specified data confirms it and sends to the applicant. In case of identification during verification of the false information containing in the reference, the Ministry within 5 working days from the date of receipt of the reference directs to the applicant motivated refusal in confirmation of the reference.

5. The reference (the copy of the reference) confirmed with the Ministry of Energy of the Russian Federation is submitted the customs applicant (the customs representative) in customs authority in which customs declaration of goods, for confirmation of the amount of crude oil declared in the temporary customs declaration planned to export by pipeline transport is performed.

6. When exporting crude oil from the Russian Federation out of limits of customs area of the Eurasian Economic Union by other modes of transport, in addition to pipeline transport, the amount of crude oil is declared in the temporary declaration on goods proceeding from planned amount of export. For confirmation of planned amount of export of amount of oil the crude customs applicant (the customs representative) represents to customs authority in which customs declaration of goods, the following data is performed:

a) the forecast of oil extraction crude in reporting calendar year according to the approved project documentation;

b) the statement from the state stock balance of minerals for date not earlier than on January 1 the year preceding year of the period of production and oil export crude, containing data on physical and chemical characteristics of crude oil;

c) data on amount of the crude oil extracted on the respective field and exported from the Russian Federation out of limits of customs area of the Customs union in previous periods using special formulas of calculation of rates of export customs duties on crude oil;

d) planned amount of export of crude oil other modes of transport, in addition to pipeline transport.

7. In case of submission of the declaration (the complete declaration) on goods customs authorities exercise control of amount of the crude oil exported from the Russian Federation out of limits of customs area of the Eurasian Economic Union based on represented by the customs applicant (the customs representative) to customs authority of the written confirmation of the fact of oil extraction crude for month under report on the respective field (with indication of the subsoil plot), the confirmation of the fact of oil extraction issued according to Rules crude with viscosity in bedded conditions at least 10000 millipaskal-seconds or the crude oil with the special physical and chemical characteristics extracted in borders of the geographical objects specified in the subitem 4 of Item 5 of article 3.1 of the Law of the Russian Federation "About customs tariff", approved by the order of the Government of the Russian Federation of March 29, 2013 No. 277 "About procedure for confirmation of the fact of production and control of amount of crude oil to which special formulas of calculation of rates of export customs duties on crude oil, and also about recognition No. 574 which voided orders of the Government of the Russian Federation of July 16, 2009", and also oil delivery and acceptance acts crude and quality certificates can be applied.

8. Control of amount of the crude oil which is exported by different types of transport is performed by customs authorities the accruing result taking into account Item 5 of article 3.1 of the Law of the Russian Federation established by the subitem 4 "About customs tariff" extreme amount of oil extracted on the subsoil plot, except for amounts of oil extracted on new sea fields of hydrocarbonic raw material which can be exported from the Russian Federation out of limits of customs area of the Eurasian Economic Union using special formulas of calculation of rates of export customs duties.

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