ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of April 3, 2015 No. 322

About modification of the Order of the Government of the Russian Federation of February 6, 2013 No. 97 and recognition voided some provisions of acts of the Government of the Russian Federation

The government of the Russian Federation decides:

1. Approve the enclosed changes which are made to the order of the Government of the Russian Federation of February 6, 2013 No. 97 "About the state guarantees of the Russian Federation 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" (The Russian Federation Code, 2013, No. 6, Art. 575; No. 37, Art. 4704; 2014, No. 3, Art. 277).

2. Recognize to invalid:

the subitem "g" of Item of 19 changes which are made to Rules of provision in 2013 of the state guarantees of the Russian Federation 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", No. approved by the order of the Government of the Russian Federation of February 6, 2013 97, of the state guarantees of the Russian Federation approved by the order of the Government of the Russian Federation of September 6, 2013 No. 785 "About modification of Rules of provision in 2013 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" (The Russian Federation Code, 2013, No. 37, Art. 4704);

the paragraph the fifth the subitem "l" of item 4 of changes which are made to the order of the Government of the Russian Federation of February 6, 2013 No. 97, approved by the order of the Government of the Russian Federation of January 4, 2014 No. 8 "About modification of the order of the Government of the Russian Federation of February 6, 2013 No. 97", regarding appendix Item 8 (The Russian Federation Code, 2014, No. 3, the Art. 277).

Approved by the Order of the Government of the Russian Federation of April 3, 2015 No. 322

Changes which are made to the Order of the Government of the Russian Federation of February 6, 2013 No. 97

1. State preamble in the following edition:

"The government of the Russian Federation decides:".

2. In Item 1 of the word "in 2014" shall be replaced with words "in 2014 - 2015".

3. Add with item 4 of the following content:

"4. Determine that after adoption by the Ministry of Industry and Trade of the Russian Federation of the decision on selection of the relevant organizations of defense industry complex and the projects realized by them for the purpose of rendering the state warranty support modification of the federal target program "Development of Defense Industry Complex of the Russian Federation for 2011 - 2020" and the relevant agreements specified in the subitem "g" of Item 6 of the Rules approved by this resolution, attracting change of the amounts (amounts) and (or) terms of provision (transfer) of means of the federal budget of payment of additional shares of the relevant organizations of defense industry complex is not allowed.".

4. In Rules of provision in 2014 of the state guarantees of the Russian Federation 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", approved by the specified resolution:

a) in the name of the word "in 2014" shall be replaced with words "in 2014 - 2015";

b) in Item 1 of the word "in 2014" shall be replaced with words "in 2014 - 2015", "open joint stock companies" shall be replaced with words words "joint-stock companies (open, public)";

c) in Item 2:

in paragraph one shall be replaced with words the word "implementation" "by implementation";

to add paragraph two after the words "about their early execution" with the words "or approaches of events owing to which completion date of obligations according to the credit agreement is considered come";

d) in Item 5 the word "Execution" shall be replaced with words "Execution in full or in any part";

e) state Item 6 in the following edition:

"6. The guarantee is provided in case of observance of the following conditions:

a) absence at principal of the overdue (not settled) debt on monetary commitments to the Russian Federation, and also on obligatory payments in budgets of budget system of the Russian Federation;

b) establishment in the credit agreement of condition that obligations of principal on return of credit amount (repayment of principal debt) are subject to execution (repayment) in full in terms, stipulated in Item 6(1) these rules;

c) opening and maintaining principal by the creditor of the bank account with restrictions (the special mode) of carrying out account transactions, stipulated in Item 23 these rules (further - the special bank account);

d) the conclusion principal with the Ministry of Industry and Trade of the Russian Federation and Federal Agency for State Property Management of the agreement on acquisition by the Russian Federation within the Program (in amount, terms and within the budgetary appropriations provided on these purposes in the Program) the additional shares of principal (additionally issued shares) which are subject to issue in the future which the principal shall sell (to transfer to the possession) of the Russian Federation in terms, stipulated in Item 6(2) these rules, in amount (total nominal value) is at least amount of the loan attracted by principal (further - the contribution agreement of the Russian Federation in property of principal). Transfer by the Ministry of Industry and Trade of the Russian Federation for benefit of principal of money in payment of additional shares of principal in accordance with the terms of the contribution agreement of the Russian Federation in property of principal is performed on the special bank account.";

e) add with Items 6 (1) and 6(2) following contents:

6(1). By the credit agreement the following completion dates (repayments) of obligations of principal on return of credit amount (repayment of principal debt) in full shall be established (except as specified transfers of the money transferred by the Ministry of Industry and Trade of the Russian Federation into the special bank account specified in the paragraph the second Item 23 of the these rules which are earlier specified in this Item of terms or voluntary early execution (repayment) by the principal of the terms of obligations which are earlier specified in this Item on return of credit amount (repayment of principal debt) according to the credit agreement):

a) not earlier than January 1, 2017 and no later than December 31, 2017 inclusive - in case of provision of a guarantee in 2014;

b) not earlier than December 31, 2017 inclusive - in case of provision of a guarantee in 2015 according to the credit agreement signed in the IV quarter 2014 for implementation of the 3-year project;

c) ceased to be valid according to the Order of the Government of the Russian Federation of 22.07.2015 No. 738

d) ceased to be valid according to the Order of the Government of the Russian Federation of 22.07.2015 No. 738

e) ceased to be valid according to the Order of the Government of the Russian Federation of 22.07.2015 No. 738

6(2). By the contribution agreement of the Russian Federation in property of principal the following terms of sale by the principal (transfers by the principal to property) of the Russian Federation of additional shares of principal (additionally issued shares) and transfer by the Ministry of Industry and Trade of the Russian Federation for benefit of principal of money in payment of the specified shares shall be established:

a) in 2017 - in case of provision of a guarantee in 2014;

b) not earlier than January 1, 2017 and no later than December 31, 2017 inclusive - in case of provision of a guarantee in 2015 according to the credit agreement signed in the IV quarter 2014 for implementation of the 3-year project;

c) not earlier than January 1, 2018 and no later than December 31, 2018 inclusive - in case of provision of a guarantee in 2015 according to the credit agreement signed in the IV quarter 2014 for implementation of the 4-year project;

d) not earlier than January 1, 2018 and no later than December 31, 2018 inclusive - in case of provision of a guarantee in 2015 according to the credit agreement signed in 2015 for implementation of the 3-year project;

e) not earlier than January 1, 2019 and no later than December 31, 2019 inclusive - in case of provision of a guarantee in 2015 according to the credit agreement signed in 2015 for implementation of the 4-year project.";

g) to state the subitem "b" of Item 9 in the following edition:

"b) compliance of credit amount (principal debt) attracted by principal on the purpose established by paragraph one of Item 2 of these rules, and term of return of credit amount (repayment of the principal debt) corresponding to the term specified in Item 6 (1) these rules, to the amount (amount) of means of the federal budget and term of their transfer (to the corresponding term specified in Item 6 (2) these rules) the Ministry of Industry and Trade of the Russian Federation for benefit of principal in payment of additional shares of principal (additionally issued shares) provided by the contribution agreement of the Russian Federation in property of principal which shall correspond to the amount and term of provision of means of the federal budget (amount and term of provision of budgetary appropriations) provided on the specified purpose in the Program (the amount of the specified credit cannot be more amount of means of the federal budget, the additional shares of principal (additionally issued shares) provided by the Program on the purpose of payment, and the term of return of credit amount (repayment of principal debt) cannot be before terms of provision of the means of the federal budget provided on the specified purpose by the Program and the contribution agreement of the Russian Federation in property of principal);";

h) Items 10 and 10 (to state 1) in the following edition:

"10. The decision on selection of principals, the affiliated (dependent) organizations and the projects realized by them (further - the decision on selection) is drawn up by the order of the Ministry of Industry and Trade of the Russian Federation and shall contain the following data concerning the selected principals, their affiliated (dependent) organizations, projects and the signed contribution agreements of the Russian Federation in property of principals (separately concerning each principal, the contribution agreement of the Russian Federation in property of principal, credit):

a) full name, location, identification taxpayer number and primary state registration number of principal and creditor;

b) full name, the location, identification taxpayer number and the primary state registration number of the affiliated (dependent) organizations of principal (if the loan is attracted on financing by the principal (by implementation of fees in the authorized capital) the affiliated (dependent) organizations for the purposes of projects implementation performed by the affiliated (dependent) organizations within the Program);

c) the name of the project realized by principal or the projects realized by the affiliated (dependent) organizations of principal (if the loan is attracted on financing by the principal (by implementation of fees in the authorized capital) the affiliated (dependent) organizations for the purposes of projects implementation performed by the affiliated (dependent) organizations within the Program);

d) the purpose, the limiting amount and loan term, attracted by principal;

e) date and number, other individual identifying signs of the contribution agreement of the Russian Federation in property of principal, quantity, nominal value of one additional share and total nominal value of the additional shares of principal which are subject to sale (transfer into the ownership) of the Russian Federation by the principal in terms, stipulated in Item 6(2) these rules (with indication of this term);

e) limiting amount of guarantee.

10(1). The Ministry of Industry and Trade of the Russian Federation within 10 working days from the date of decision making about selection, but no later than October 1, 2015, represents it to the Ministry of Finance of the Russian Federation and informs in writing the creditor, the principal, and also the affiliated (dependent) organizations of principal (if the loan is attracted on financing by the principal (by implementation of fees in the authorized capital) the affiliated (dependent) organizations for the purposes of projects implementation performed by the affiliated (dependent) organizations within the Program) about adoption concerning them of the decision on selection.";

i) state Item 12 in the following edition:

"12. For preparation by the Ministry of Finance of the Russian Federation of the draft of the act of the Government of the Russian Federation of provision of a guarantee the principal selected in accordance with the established procedure by the Ministry of Industry and Trade of the Russian Federation and included in the decision on selection and (or) the creditor, and (or) the Ministry of Industry and Trade of the Russian Federation represent to the Ministry of Finance of the Russian Federation notarized copies of constituent documents of principal, creditor (except for case when creditor is the "Development Bank and Foreign Economic Activity (Vnesheconombank)" state corporation), the affiliated (dependent) organizations of principal (if the loan is attracted on financing by the principal (by implementation of fees in the authorized capital) the affiliated (dependent) organizations for the purposes of projects implementation, performed by the affiliated (dependent) organizations within the Program) with all appendices and changes.";

j) in Item 13 "principal" to exclude the word;

k) Items 14 - 18 to state in the following edition:

"14. In the act of the Government of the Russian Federation of provision of a guarantee are specified (separately concerning each principal, the contribution agreement of the Russian Federation in property of principal, credit, guarantee):

a) full name, location, identification taxpayer number and primary state registration number of principal and creditor;

b) full name, the location, identification taxpayer number and the primary state registration number of the affiliated (dependent) organizations of principal (if the loan is attracted on financing by the principal (by implementation of fees in the authorized capital) the affiliated (dependent) organizations for the purposes of projects implementation performed by the affiliated (dependent) organizations within the Program);

c) the name of the project realized by principal or the projects realized by the affiliated (dependent) organizations of principal (if the loan is attracted on financing by the principal (by implementation of fees in the authorized capital) the affiliated (dependent) organizations for the purposes of projects implementation performed by the affiliated (dependent) organizations within the Program);

d) the limiting amount and loan term, attracted by principal;

e) date and number, other individual identifying signs of the contribution agreement of the Russian Federation in property of principal, quantity, nominal value of one additional share and total nominal value of the additional shares of principal which are subject to sale (transfer into the ownership) of the Russian Federation by the principal in terms, stipulated in Item 6(2) these rules (with indication of this term);

e) limiting amount of guarantee.

15. The principal on which the Government of the Russian Federation makes the decision on provision of a guarantee and (or) the creditor is represented to the agent involved by the Government of the Russian Federation according to the Federal Law on the federal budget for the corresponding financial year and planning period (further - the agent of the Government of the Russian Federation), documents according to the list according to appendix. The complete set of the specified documents shall be provided to the agent of the Government of the Russian Federation no later than November 15, 2015. In case of change of the data containing in the submitted documents, the principal and (or) the creditor in addition submit to the agent of the Government of the Russian Federation the documents containing updated data.

16. The documents submitted to the agent of the Government of the Russian Federation or to the Ministry of Finance of the Russian Federation according to these rules are stitched (everyone separately), signed or certified (except for notarized copies) by the authorized person of the corresponding legal entity which signature shall be under seal this legal entity.

The documents and other materials provided to the agent of the Government of the Russian Federation or to the Ministry of Finance of the Russian Federation according to these rules are not subject to return.

17. On receipt of the application of principal for provision of a guarantee submitted to the agent of the Government of the Russian Federation according to Item 15 of these rules, the agent of the Government of the Russian Federation sends the notification on it to the Ministry of Finance of the Russian Federation. The Ministry of Finance of the Russian Federation on receipt of the specified notification of the agent of the Government of the Russian Federation requests in the Federal Tax Service, the Pension Fund of the Russian Federation and Social Insurance Fund of the Russian Federation respectively:

a) the documents confirming the fact of introduction of record about the principal and the creditor in the Unified State Register of Legal Entities, and also confirmatory data that principal is (is not) in process of reorganization or liquidation that concerning principal is initiated insolvency proceedings (are not initiated) (bankruptcy) (as of the 1st day of every month);

b) certificates of tax authority, territorial authority of the Pension Fund of the Russian Federation and territorial authority of Social Insurance Fund of the Russian Federation of condition of calculations of principal respectively on taxes, charges and other obligatory payments in the budgets of budget system of the Russian Federation confirming lack of shortage on tax payment, charges and obligatory payments and also debt on interest payment for use of budgetary funds, penalty fee, penalties and other financial sanctions (as of the 1st day of every month).

18. The principal and (or) the creditor has the right to request, receive and represent independently to the Ministry of Finance of the Russian Federation and to the agent of the Government of the Russian Federation the documents and references specified in Item 17 of these rules.";

l) paragraph one of Item 18 (to state 1) in the following edition:

"18(1). The Federal Tax Service, the Pension Fund of the Russian Federation and Social Insurance Fund of the Russian Federation represent to the Ministry of Finance of the Russian Federation and to the agent of the Government of the Russian Federation the documents and references specified in subitems "an" and "b" of Item 17 of these rules (concerning the corresponding principals and creditors specified in requests of the Ministry of Finance of the Russian Federation), to the following terms:";

m) state Item 19 in the following edition:

"19. The agent of the Government of the Russian Federation performs check and the analysis of the documents submitted according to Items 15, of 17 - 18(1) these rules on compliance to the requirements established by these rules and other regulatory legal acts of the Russian Federation, verification of data that the insolvency matter is not initiated against principal in accordance with the legislation of the Russian Federation about insolvency (bankruptcy) (bankruptcy) and that principal is not in process of reorganization or liquidation, and also check of accomplishment of other conditions of provision of a guarantee established by these rules.";

o) add with Item 19 (1) the following content:

"19(1). The agent of the Government of the Russian Federation within 10 working days from the date of receipt of complete set of the documents submitted according to Items 15, of 17 - 18(1) these rules:

a) based on negative results of the these rules of checks and the analysis which are carried out according to Item 19 prepares and sends the motivated conclusion about failure to carry out of the conditions of provision of a guarantee established by these rules to the Ministry of Finance of the Russian Federation, and also informs on the specified results of principal;

b) based on positive results of the these rules of checks and the analysis which are carried out according to Item 19 prepares and sends to the Ministry of Finance of the Russian Federation the conclusion containing unambiguous conclusions about possibility of decision making about the conclusion of the agreement on provision of a guarantee.";

o) Items 20 - 22 to state in the following edition:

"20. The Ministry of Finance of the Russian Federation within 10 working days from the date of receipt of Item 19 specified in the subitem "b" (1) these rules of the conclusion of the agent of the Government of the Russian Federation makes the decision on the conclusion of the agreement on provision of a guarantee. By preparation of the conclusions specified in Item 19 (1) these rules, in case of decision making about the conclusion of the agreement on provision of a guarantee and in case of provision of a guarantee financial analysis of principal by the Ministry of Finance of the Russian Federation and the agent of the Government of the Russian Federation is not performed.

The decision on the conclusion of the agreement on provision of a guarantee is drawn up by the order of the Ministry of Finance of the Russian Federation which copies go to the creditor, principal, the Ministry of Industry and Trade of the Russian Federation and the agent of the Government of the Russian Federation.

Based on the specified order of the Ministry of Finance of the Russian Federation the agent of the Government of the Russian Federation performs preparation of draft agreements about provision of a guarantee and guarantee. On receipt of the draft agreement signed by other parties about provision of a guarantee the agent of the Government of the Russian Federation draws up (including signing by authorized officers of the agent of the Government of the Russian Federation on behalf of the Ministry of Finance of the Russian Federation based on the power of attorney of the Ministry of Finance of the Russian Federation) the agreement on provision of a guarantee, the guarantee, other documents connected with provision of a guarantee and represents to the Ministry of Finance of the Russian Federation the original of the agreement on provision of a guarantee and the copy of guarantee (with appendix of originals of the documents confirming transfer of guarantee to the creditor).

21. In the agreement on provision of a guarantee signed by the Ministry of Finance of the Russian Federation with the creditor, the agent of the Government of the Russian Federation and principal including are specified:

a) conditions of provision and execution of guarantee;

b) rights and obligations of the Parties;

c) amount of the obligations of principal according to the credit agreement which are subject to providing with guarantee;

d) procedure and conditions of reducing amount of guarantee;

e) obligations of the creditor and principal to represent to the Ministry of Industry and Trade of the Russian Federation of the data (reports) on target use of the loan attracted under guarantee and about execution by the principal of obligations according to the credit agreement, obligations of principal to represent to the Ministry of Industry and Trade of the Russian Federation of the data (reports) on obligation fulfillment on the contribution agreement of the Russian Federation in property of principal, and also measure of responsibility of the creditor and principal for improper execution of obligations for provision of the specified data (reports);

e) measures of responsibility of principal for inappropriate use of the loan attracted under guarantee;

g) it is preliminary to approve obligations of the creditor and principal with the agent of the Government of the Russian Federation acting for and on behalf of the Ministry of Finance of the Russian Federation, change in the credit agreement, the attracting change of the amount or loan currency, the credit purpose (including the name of the project realized by principal, names of the projects realized by the affiliated (dependent) organizations of principal, structure of the affiliated (dependent) organizations of principal (if the loan is attracted on financing by the principal (by implementation of fees in the authorized capital) the affiliated (dependent) organizations for the purposes of projects implementation performed by the affiliated (dependent) organizations within the Program), the size, procedure for charge and interest payment for use of the credit, amount, terms (schedule) or procedure for establishment of amount, terms (schedule) of obligation fulfillment of principal on return of credit amount (repayment of principal debt) and interest payment for use of the credit, responsibility for non-execution or improper execution of obligations of principal according to the credit agreement, conditions of change of persons in the obligation (including concessions (transfer) of the rights of requirements (the rights and obligations), transfer of debt), and also any changes in the agreement of the special bank account and agreement cancelation of the special bank account and to represent to the agent of the Government of the Russian Federation notarized copies of the documents confirming entering into the credit agreement of any changes including specified in this subitem, and also confirming introduction of amendments to the agreement of the special bank account or its termination;

h) condition about withdrawal of guarantee and unilateral refusal of the Ministry of Finance of the Russian Federation of agreement performance about provision of a guarantee in case of introduction not approved tentatively with the agent of the Government of the Russian Federation acting for and on behalf of the Ministry of Finance of the Russian Federation, changes in the credit agreement and (or) the agreement of the special bank account specified in the subitem "zh" of this Item and also in case of not approved tentatively with the agent of the Government of the Russian Federation acting for and on behalf of the Ministry of Finance of the Russian Federation, agreement cancelation of the special bank account;

i) obligations of the creditor and principal to notify the Ministry of Finance of the Russian Federation and the agent of the Government of the Russian Federation within 2 working days on execution by the principal and (or) the third party in full or in any part of the obligations of principal provided with guarantee on return of credit amount (repayment of principal debt) which non-execution was the basis for submission of demand of the creditor about execution of guarantee if the specified execution is performed by the principal and (or) the third party after sight of the requirement of the creditor about execution of guarantee;

j) the obligation of the creditor within 2 working days to withdraw earlier imposed requirement of the creditor about execution of guarantee if after its presentation, but to satisfaction of this requirement with the Ministry of Finance of the Russian Federation are performed in full by the principal and (or) the third party of the obligation of principal, specified in the subitem "i" of this Item;

k) the obligation of the creditor within 2 working days to provide to the agent of the Government of the Russian Federation acting for and on behalf of the Ministry of Finance of the Russian Federation, amendment to earlier imposed requirement about execution of guarantee (further - amendment to the requirement), if after sight requirements of the creditor about execution of guarantee, but to satisfaction of this requirement with the Ministry of Finance of the Russian Federation will be partially performed by the principal and (or) the third party of the obligation of principal, specified in the subitem "i" of this Item. In amendment to the requirement the amount of the unexecuted obligations of principal specified in the subitem "i" of this Item is specified specified (taking into account the performed partial obligation fulfillment of principal). Amendment to the requirement is represented (with application of documents, confirming the specified amount of overdue obligations of principal specified in amendment to the requirement) and is considered according to the procedure, established for presentation and consideration of the requirement of the creditor about execution of guarantee;

l) procedure for satisfaction with principal of recourse requirements of the Russian Federation on behalf of the Ministry of Finance of the Russian Federation to principal in connection with execution in full or in any part of guarantee.

22. The Ministry of Finance of the Russian Federation has the right to make the decision on the conclusion of the agreement on provision of a guarantee, and the guarantee can be issued on condition of establishment in the specified agreement of the obligation of principal to provide to the agent of the Government of the Russian Federation till August 1 (inclusive) years in which the guarantee, copies of annual accounting (financial) accounts of principal certified by principal on the last reporting date preceding date of the conclusion of the credit agreement (Item 7 of appendix to these rules) is provided if in accordance with the legislation of the Russian Federation the specified reporting cannot be provided by principal before acceptance date the Ministry of Finance of the Russian Federation of the decision on the conclusion of the agreement on provision of a guarantee.

If by results of performed by the agent the Governments to the Russian Federation and the analysis of the documents submitted by principal it will be determined that the decision of relevant organ of management of principal on approval (provision of consent to making) of transactions (the interconnected transactions) on attraction of the credit provided with guarantee, and to the conclusion of the agreement on provision of a guarantee is accepted unauthorized governing body of principal, principal shall till November 1 (inclusive) year in which the guarantee is provided, to provide to the agent of the Government of the Russian Federation the necessary decision of authorized body of management of principal on approval (provision of consent to making) of the specified transactions (the interconnected transactions) on attraction of the credit provided with guarantee and the conclusion of the agreement on provision of a guarantee.

In case of non-execution by the principal at the scheduled time of the obligations specified in this Item there come effects, stipulated by the legislation the Russian Federation.";

p) state Item 26 in the following edition:

"26. Effective period of the guarantee provided in 2014 is determined completion date of the obligation provided with guarantee, increased for 70 calendar days. Effective period of the guarantee provided in 2015 is determined completion date of the obligation provided with guarantee, increased for 90 calendar days.";

c) add with Item 29 (1) the following content:

"29(1). Requirement of the creditor about execution of guarantee cannot be imposed on the Russian Federation on behalf of the Ministry of Finance of the Russian Federation in case of the establishment of the facts of unfair, illegal (illegal) behavior by court (actions or failure to act) of the creditor or the creditor together with principal (and equally in the person performing or performing functions of sole executive body of the creditor or principal, faces who is or entering part of collegiate organ or collegiate executive body of the creditor or the principal, faces which is or who was the representative or the worker of the creditor or principal) by provision, obtaining, use, repayment of the loan provided with guarantee, led to non-execution or improper execution of the obligations of principal provided with guarantee.";

r) Items 30 - 32 to state in the following edition:

"30. The requirement about execution of guarantee goes the creditor to the agent of the Government of the Russian Federation, and date of presentation of the Russian Federation on behalf of the Ministry of Finance of the Russian Federation of the requirement of the creditor about execution of guarantee is date of its receipt of the Government of the Russian Federation by the agent.

31. On receipt of the requirement of the creditor about execution of guarantee the agent of the Government of the Russian Federation:

a) notifies the Ministry of Finance of the Russian Federation and principal on presentation of the specified requirement;

b) sends to principal of the copy of the specified requirement and documents attached to it;

c) considers the requirement of the creditor about execution of guarantee (amendment to the requirement) and documents attached to it regarding justification and compliance to warranty conditions of the specified requirement (taking into account amendment to the requirement) and the documents attached to it.

32. The Ministry of Finance of the Russian Federation and the agent of the Government of the Russian Federation acting for and on behalf of the Ministry of Finance of the Russian Federation having the right to push concerning the requirement of the creditor about execution of guarantee (amendment to the requirement) of objection which principal could provide even if the principal refused to provide them and (or) recognized the debt.";

s) add with Items 32 (1) and 32(2) following contents:

"32(1). The creditor and the principal answer to the guarantor for the unfair and illegal (illegal) behavior (actions or failure to act) by provision, obtaining, use, repayment of the loan, provided with guarantee, and execution of guarantee. In case of the establishment of the facts of unfair, illegal (illegal) behavior by court (actions or failure to act) of the creditor or the creditor together with principal (and equally in the person performing or performing functions of sole executive body of the creditor or principal, faces who is or entering part of collegiate organ or collegiate executive body of the creditor or the principal, faces which is or who was the representative or the worker of the creditor or principal) by provision, obtaining, use, repayment of the loan provided with guarantee, led to non-execution or improper execution of the obligations of principal provided with guarantee, the guarantee is not subject to execution (requirements about execution of guarantee are recognized unreasonable and not subject to satisfaction). If execution of guarantee in full or in any part is performed before establishment by court of the specified facts, the money paid on guarantee is subject to return by the creditor to the income of the federal budget.

32(2). The agent of the Government of the Russian Federation in case of recognition proved and conforming to warranty conditions requirements of the creditor about execution of guarantee (taking into account amendment to the requirement) and the documents attached to it within 10 working days from the date of receipt of the specified requirement and documents attached to it represents to the Ministry of Finance of the Russian Federation the conclusion containing unambiguous conclusions about recognition of the requirement of the creditor about execution of guarantee (taking into account amendment to the requirement) and the documents attached to it reasonable and corresponding to warranty conditions.";

t) Items 33 - 35 to state in the following edition:

"33. The Ministry of Finance of the Russian Federation based on specified in Item 32 (2) these rules of the conclusion of the agent of the Government of the Russian Federation within 15 working days from the date of its obtaining fulfills the obligation on guarantee in the amount of the creditor specified in the requirement about execution of guarantee (taking into account amendment to the requirement) the amounts of the overdue obligations of principal on return of credit amount (repayment of principal debt) provided with guarantee, but no more amount of guarantee.

34. Submission of demand of the creditor about execution of guarantee and execution of guarantee cannot be performed the completion dates of the obligations of principal provided with guarantee on return of credit amount (repayment of principal debt) existing for date of the conclusion (entry into force) of the agreement on provision of a guarantee which are earlier established by the credit agreement, including in case of presentation to principal of requirements about early execution of the specified obligations of principal provided with guarantee or approach of events owing to which completion date of obligations according to the credit agreement is considered come. At the same time in case of introduction (with observance of the conditions established by the subitem "zh" of Item 21 of these rules) after date of the conclusion of the agreement on provision of a guarantee for the changes in the credit agreement attracting change (within the aggregate term of return of credit amount (repayment of the principal debt) in full which is originally established by the credit agreement and corresponding to the credit deadline specified in the decision on selection and the act of the Government of the Russian Federation of provision of a guarantee) completion dates of the obligations of principal provided with guarantee, submission of demand of the creditor about execution of guarantee and execution of guarantee cannot be performed before the terms established as a result of introduction of such changes.

35. In case of recognition unreasonable and (or) not conforming to warranty conditions requirements of the creditor about execution of guarantee and (or) the documents attached to it the agent of the Government of the Russian Federation acting for and on behalf of the Ministry of Finance of the Russian Federation, within 30 calendar days from the date of presentation of the specified requirement and documents attached to it sends to the creditor the motivated notification on refusal in satisfaction of this requirement which copy goes to the Ministry of Finance of the Russian Federation.";

x) the paragraph one of Item 37 after the words "according to the credit agreement" to add with the words "and to the contribution agreement of the Russian Federation in property of principal";

v) state Items 38 and 39 in the following edition:

"38. The credits provided with guarantees are target and go principals only for projects implementation, performed by principals within the Program, or for financing by principals (by implementation of fees in the authorized capital) the affiliated (dependent) organizations for the purposes of projects implementation performed by the affiliated (dependent) organizations within the Program. Control of target use of the credits provided with guarantees, execution by principals of obligations according to credit agreements to contribution agreements of the Russian Federation in property of principals performs the Ministry of Industry and Trade of the Russian Federation in the procedure established by it, including based on data (reports) represented by creditors and principals according to the subitem "d" of Item 21 of these rules.

Reports of the Ministry of Industry and Trade of the Russian Federation on use by principals of the credits provided with guarantees and also on execution by principals of obligations on credit agreements, contribution agreements of the Russian Federation in property of principals are represented by the Ministry of Industry and Trade of the Russian Federation to the Ministry of Finance of the Russian Federation and to the agent of the Government of the Russian Federation quarterly, no later than the 20th following reporting quarter in the forms established by the Ministry of Finance of the Russian Federation.

In case of establishment by the Ministry of Industry and Trade of the Russian Federation of the facts of inappropriate use of the credits provided with guarantees in reports of the Ministry of Industry and Trade of the Russian Federation the size of the means used not for purpose and the calendar period of their inappropriate use are specified.

39. For the purpose of provision, administrations and execution of guarantees, debt collection the agent of the Government of the Russian Federation including performs:

a) check and the analysis of the documents submitted according to these rules on compliance to the requirements established by these rules and other regulatory legal acts of the Russian Federation, verification of data that the insolvency matter is not initiated against principals in accordance with the legislation of the Russian Federation about insolvency (bankruptcy) (bankruptcy) and that principals are not in process of reorganization or liquidation, check of accomplishment of other conditions of provision of guarantees established by these rules, and also preparation and submission to the Ministry of Finance of the Russian Federation of the conclusions specified in Item 19 (1) these rules;

b) registration (including signing by authorized officers of the agent of the Government of the Russian Federation on behalf of the Ministry of Finance of the Russian Federation based on the power of attorney of the Ministry of Finance of the Russian Federation) agreements on provision of guarantees, guarantees, other documents connected with provision of guarantees;

c) conducting analytics of the provided guarantees, obligations of principals and other persons in connection with provision and execution of guarantees;

d) financial analysis of principals after provision of guarantees during effective period of guarantees and effective period of agreements on provision of guarantees at least once a year, and also preparation and submission to the Ministry of Finance of the Russian Federation of the corresponding conclusions;

e) provision for and on behalf of the Ministry of Finance of the Russian Federation according to the procedure, the established agreements on provision of guarantees, consent to modification of credit agreements, agreements of the special bank account, to agreement cancelation of the special bank account;

e) in case of establishment of the facts of non-execution or improper execution by creditors and principals of the obligations established by the subitem "zh" of Item 21 of these rules, preparation and submission to the Ministry of Finance of the Russian Federation within 5 working days from the date of establishment of such facts of the motivated conclusions about approach of the these rules of cases established by the subitem "z" of Item 21;

g) the analysis of the requirements of creditors about execution of guarantees shown to the Russian Federation on behalf of the Ministry of Finance of the Russian Federation (taking into account amendments to requirements) with the documents attached to them regarding justification and compliance to conditions of guarantees of the specified requirements and documents attached to them, preparation and submission to the Ministry of Finance of the Russian Federation of the conclusions specified in Item 32 (2) these rules, and in the cases specified in Item 35 of these rules, the direction to creditors of notifications on refusal in satisfaction of requirements of creditors about execution of guarantees;

h) presentation for and on behalf of the Ministry of Finance of the Russian Federation of recourse requirements of the Russian Federation on behalf of the Ministry of Finance of the Russian Federation to principals in connection with execution in full or in any part of guarantees;

i) measures for return (collection) of debt of principals and other persons in front of the Russian Federation on behalf of the Ministry of Finance of the Russian Federation which arose in connection with provision and execution of guarantees.";

w) in appendix to the specified Rules:

in numerical heading of the word "in 2014" shall be replaced with words "in 2014 - 2015";

to state the name of appendix in the following edition: "The list of the documents submitted by the principal and (or) the creditor";

state Item 1 in the following edition:

"1. The statement of principal for provision of a guarantee with indication of:

a) full name, location, identification taxpayer number and primary state registration number of principal and creditor;

b) full name, the location, identification taxpayer number and the primary state registration number of the affiliated (dependent) organizations of principal (if the loan is attracted on financing by the principal (by implementation of fees in the authorized capital) the affiliated (dependent) organizations for the purposes of projects implementation performed by the affiliated (dependent) organizations within the Program);

c) names of the project realized by principal or the projects realized by the affiliated (dependent) organizations of principal (if the loan is attracted on financing by the principal (by implementation of fees in the authorized capital) the affiliated (dependent) organizations for the purposes of projects implementation performed by the affiliated (dependent) organizations within the Program);

d) the purposes, the amount and the loan term attracted by principal;

e) dates and numbers, other individual identifying signs of the contribution agreement of the Russian Federation in property of principal, quantity, nominal value of one additional share and total nominal value of the additional shares of principal which are subject to sale (transfer into the ownership) of the Russian Federation by the principal in the corresponding year (with indication of this term);

e) guarantee amounts.";

in Item 2 shall be replaced with words the word "implementation" "by implementation";

add item 4 with the words "with all appendices and changes";

in Item 5 of the word"," to exclude the chief accountant of principal (other official of principal to who conducting financial accounting is assigned) and the creditor;

add with Item 6 (1) the following content:

"6(1). Lists of affiliates of principal and creditor as of end date of the reporting quarter preceding date of the conclusion of the credit agreement and as of end date of each subsequent reporting quarter, and also all changes which happened in the provided lists of affiliates between the specified reporting dates (for legal entities who in accordance with the legislation of the Russian Federation shall open information on affiliates in the form of the list of affiliates).";

state Item 7 in the following edition:

"7. The copies certified by principal annual and intermediate (if the obligation of its creation is established in accordance with the legislation of the Russian Federation) accounting (financial) records of principal on the last reporting date preceding date of the conclusion of the credit agreement in the established forms.";

declare Item 8 invalid.

 

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