ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of May 21, 2014 No. 476

About provision of consent to concession of the rights of requirements

The government of the Russian Federation decides:

1. If the possibility of assignment of rights of the requirement to the Russian Federation (guarantor) to other face, the Ministry of Finance of the Russian Federation is provided in the state guarantees of the Russian Federation to provide on behalf of the Russian Federation in accordance with the terms, the established state guarantees of the Russian Federation and agreements on provision of the state guarantees of the Russian Federation, consent to transfer by the Russian banks and the state corporation of development "ВЭБ.РФ" (further - banks) which are beneficiaries on the state guarantees of the Russian Federation, as a deposit the Central bank of the Russian Federation (further - the Bank of Russia) according to provision of the Bank of Russia of November 12, 2007 to No. 312-P "About procedure for provision by the Bank of Russia to credit institutions of the credits provided with assets or guarantees" (further - provision), and also with indication of the Bank of Russia of September 15, 2021 No. 5930-U "About form and conditions of refinancing of credit institutions on security" (further - specifying) the rights of requirements of banks to borrowers according to credit agreements, obligation fulfillment of borrowers according to which are provided with the state guarantees of the Russian Federation, and the rights of requirements of banks to the Russian Federation on behalf of the Ministry of Finance of the Russian Federation on the corresponding state guarantees of the Russian Federation providing obligation fulfillment of borrowers according to the specified credit agreements (further - the rights of requirements), in ensuring obligation fulfillment of banks on the loans of the Bank of Russia granted according to provision and specifying, consent to concession of the rights of the requirements which are pledge subject of the credits of the Bank of Russia in address cases the Bank of Russia of collection on objects of pledges by acquisition by the Bank of Russia at banks (leaving behind the Bank of Russia) or by sale by the Bank of Russia at the biddings or under the commission agreement of the rights of requirements according to provision and specifying, and also consent to the subsequent concession by the Bank of Russia to other persons of the rights of requirements which passed to the Bank of Russia in case of observance by the Bank of Russia, banks and other persons to whom are yielded by the Bank of Russia the rights of requirements (further - new creditors), the following conditions (are on sale):

a) in address cases the Bank of Russia of collection on objects of pledges (the right of the requirements), and also in cases of the subsequent concession (sale) by the Bank of Russia to new creditors which passed to the Bank of Russia of the rights of requirements concession to the Bank of Russia (acquisition by the Bank of Russia at banks, leaving behind the Bank of Russia), the concession (sale) by the Bank of Russia to new creditors of the rights of requirements is performed with simultaneous concession in full to the Bank of Russia (new creditors) of the rights and obligations of banks under agreements on provision of the state guarantees of the Russian Federation, and in cases if banks according to the requirements established by the regulatory legal acts governing the relations on provision and execution of the corresponding state guarantees of the Russian Federation, and agreements on provision of the state guarantees of the Russian Federation sign bank account agreements with the special mode of carrying out account transactions, - also with the simultaneous conclusion the Bank of Russia (new creditors) with the corresponding borrowers of bank account agreements with the special mode of carrying out account transactions on the established conditions (with simultaneous termination of earlier signed bank account agreements with the special mode of carrying out account transactions);

b) new creditors correspond the established regulatory legal acts governing the relations on provision and execution of the corresponding state guarantees of the Russian Federation, requirements to beneficiaries on the state guarantees of the Russian Federation, and at the same time the size of own means (capital) of new creditors to which are yielded by the Bank of Russia the rights of requirements for the credits and the state guarantees of the Russian Federation providing obligations on them specified in subitems "v" and "d" of item 4 of this resolution (are on sale), constitutes more than 100 billion rubles.

2. The Ministries of Finance of the Russian Federation specified in Item 1 of this resolution of consent to transfer to pledge to the Bank of Russia according to provision and instruction of the rights of requirements of banks for the credits specified in subitems "v" and "d" of item 4 of this resolution, and providing obligations on them to the state guarantees of the Russian Federation extend only to cases of transfer to pledge to the Bank of Russia of the rights of the requirements belonging to banks which size of own means (capital) constitutes more than 100 billion rubles.

3. The Ministries of Finance of the Russian Federation specified in Item 1 of this resolution of consent are drawn up by orders of the Ministry of Finance of the Russian Federation and are the written soglasiya provided on behalf of the Russian Federation as the guarantor on the state guarantees of the Russian Federation.

The Ministries of Finance of the Russian Federation specified in Item 1 of this resolution of consent are valid only in case of accomplishment by the Bank of Russia, banks and new creditors at the same time of all conditions established by subitems "an" and "b" of Item 1 of this resolution. In case of failure to carry out by the Bank of Russia, and (or) banks, and (or) new creditors of any of the conditions specified in subitems "an" and "b" of Item 1 of this resolution in case of concession of the rights of requirements, and (or) concession of the rights and obligations under contracts on provision of the state guarantees of the Russian Federation, and (or) the conclusion (termination) of bank account agreements with the special mode of carrying out account transactions of the obligation of the Russian Federation on the corresponding state guarantees of the Russian Federation stop on the bases established by the state guarantees of the Russian Federation owing to the conclusion (termination) of the specified transactions without the consent of the Russian Federation (guarantor).

4. Specified in Item 1 of this resolution of consent are provided within implementation by the Ministry of Finance of the Russian Federation on behalf of the Russian Federation of the rights of the guarantor on the state guarantees of the Russian Federation provided:

a) on the loans attracted by RUSNANO open joint stock company (and also on the loans which were attracted by the Russian Corporation of Nanotechnologies state corporation before its reorganization in the form of transformation to RUSNANO open joint stock company and the rights and obligations on which passed to RUSNANO open joint stock company);

b) on the loans attracted by the legal entities selected according to the procedure, established by the Government of the Russian Federation, on implementation of investment projects or on other purposes established by the Government of the Russian Federation;

c) on the loans attracted by the organizations of defense industry complex which are selected according to the procedure, established by the Government of the Russian Federation, for the purposes of accomplishment of public contracts with the Ministry of Defence of the Russian Federation;

d) on the loans attracted by open joint stock company "Almaz-Antey air defense Concern on construction of the new plants;

e) on the loans attracted by the organizations of defense industry complex on projects implementation, performed within the federal target program "Development of Defense Industry Complex of the Russian Federation for 2011 - 2020";

e) on the loan attracted by open joint stock company "the Film studio Lenfilm on implementation (realization) of the project on upgrade of film studio Lenfilm.

5. To the Ministry of Finance of the Russian Federation by preparation of drafts of the acts of the Government of the Russian Federation governing the relations on provision and execution of the state guarantees of the Russian Federation which are not specified in item 4 of this resolution to provide regulations about provision by the Ministry of Finance of the Russian Federation on behalf of the Russian Federation (guarantor) of the soglasiya specified in Item 1 of this resolution in case of the conclusion of agreements on provision of the state guarantees of the Russian Federation.

6. Recommend to the Bank of Russia, to banks and new creditors to submit within 20-day term in the Ministry of Finance of the Russian Federation the following data (with appendix of supporting documents):

a) to banks - about transfer to pledge to the Bank of Russia of the rights of requirements, about the conclusion (termination) of bank account agreements with the special mode of carrying out account transactions;

b) To the Bank of Russia - about the address the Bank of Russia of collection on the rights of requirements, about concession banks to the Bank of Russia (acquisition by the Bank of Russia at banks, leaving behind the Bank of Russia) the rights of requirements and the rights and obligations under agreements on provision of the state guarantees of the Russian Federation, on concession by the Bank of Russia to new creditors of the rights of requirements and the rights and obligations under contracts on provision of the state guarantees of the Russian Federation, on the conclusion (termination) of bank account agreements with the special mode of carrying out account transactions;

c) to new creditors - about the conclusion (termination) of bank account agreements with the special mode of carrying out account transactions.

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