ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of November 1, 2016 No. 1119

About introduction of amendments to some acts of the Government of the Russian Federation concerning project financing

The government of the Russian Federation decides:

1. Approve the enclosed changes which are made to acts of the Government of the Russian Federation concerning project financing.

2. Determine that the changes providing refining of conditions of the specified credit agreements taking into account provisions of paragraphs of the third and fourth subitem "an" of Item of 1 changes approved by this resolution can be made to credit agreements according to which before adoption of this resolution within the Program of the support of the investment projects realized in the territory of the Russian Federation on the basis of project financing, approved by the order of the Government of the Russian Federation of October 11, 2014 No. 1044 "About approval of the Program of support of the investment projects realized in the territory of the Russian Federation on the basis of project financing" the state guarantees of the Russian Federation, according to the procedure, are provided by the provided agreements on provision of the state guarantees of the Russian Federation.

Approved by the Order of the Government of the Russian Federation of November 1, 2016 No. 1119

Changes which are made to acts of the Government of the Russian Federation concerning project financing

1. In the Program of the support of the investment projects realized in the territory of the Russian Federation on the basis of project financing, approved by the order of the Government of the Russian Federation of October 11, 2014 No. 1044 "About approval of the Program of support of the investment projects realized in the territory of the Russian Federation on the basis of project financing" (The Russian Federation Code, 2014, No. 42, Art. 5751; 2015, No. 9, Art. 1338):

a) in Item 3:

in the subitem "v" after the word to "borrowers" to add with words "(further - refunding rate of the Central bank of the Russian Federation within this Program)";

state the subitem "g" in the following edition:

"d) the credit agreement shall provide the right of authorized bank to interest rate increase on the credit only on condition of rate increase of Central Bank refinancing of the Russian Federation within this Program and within such increase, but taking into account provisions of the subitem "v" of this Item, and also the right of authorized bank to interest rate decrease on the credit regardless of change of refunding rate of the Central bank of the Russian Federation within this Program. In case of refusal from the Central bank of the Russian Federation to provide borrowing facilities to authorized bank for the purpose of refinancing of the credit issued by authorized bank to the final borrower, the authorized bank has the right to change interest rate for the specified credit only on condition of refusal of authorized bank of the rights on guarantee by return of guarantee to the Ministry of Finance of the Russian Federation;";

b) in Item 5 of the word", formed under the Ministry of Economic Development of the Russian Federation (further - the Interdepartmental commission)" shall be replaced with words "for participation in the Program of the support of the investment projects realized in the territory of the Russian Federation on the basis of project financing (further - the Interdepartmental commission), formed under the Ministry of Economic Development of the Russian Federation";

c) in Item 11:

"projects and" to replace words with the word "projects";

after the word "division" to add with the words "and information on the credits issued by international financial institution to the Russian legal entities and (or) investments made by it in bonds of the Russian issuers (only for international financial institutions)";

d) "seal" to add the offer second of paragraph one of Item 14 after the word with words "(in the presence)";

e) add the Section II with Items 19 (1) - 19(8) following contents:

"19(1). The authorized bank sends to working body of the Interdepartmental commission contact information (surname, name and middle name (in the presence), contact telephone number, the e-mail address) about persons of authorized bank (in number of no more than 3 people) who perform interaction with working body of the Interdepartmental commission (further - coordinators of bank).

In case of change of contact information on coordinators of bank the authorized bank informs on it working body of the Interdepartmental commission within 3 working days from the date of such change.

19(2). The Russian credit institution or international financial institution is excluded from the list of authorized banks according to the decision of the Interdepartmental commission. The interdepartmental commission considers question of exception of the Russian credit institution or international financial institution from the list of authorized banks in case of approach of one or several of the next events (only on condition of lack of not provided guarantees on the loans attracted by final borrowers for the purpose of implementation of the investment projects provided by such Russian credit institution or international financial institution and selected for participation in this Program):

a) failure to carry out by the Russian credit institution or international financial institution within 3 accounting periods in a row any of the criteria specified in subitems "an" and "g" of Item 9 or subitems "a", "v", "g" and "e" of Item 10 of this Program;

b) receipt by working body of the Interdepartmental commission of information on violation of accomplishment by the Russian credit institution of the criterion specified in the subitem "b" of Item 9 of this Program;

c) failure to carry out and (or) accomplishment with violation of fixed term by the Russian credit institution more than 2 times within one calendar year of obligations, stipulated in Item 19(7) these Programs;

d) failure to carry out and (or) accomplishment with violation of fixed term by international financial institution more than 2 times within one calendar year of obligations, stipulated in Item 19(8) these Programs;

e) failure to carry out and (or) accomplishment with violation of fixed term by the Russian credit institution or international financial institution more than 2 times within one calendar year of the provisions provided by the subitem "d" of Item 27 of this Program;

e) failure to carry out and (or) accomplishment with violation of fixed term by the Russian credit institution or international financial institution concerning more than 3 investment projects within one calendar year of obligations on representation 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 in time, provided by the paragraph the fourth Item 35 of this Program;

g) failure to carry out and (or) accomplishment with violation of fixed term by the Russian credit institution or international financial institution more than 2 times within one calendar year of provision, stipulated in Item 37(1) these Programs;

h) factual determination of discrepancy of the investment project selected for the participation in this Program provided to selection by the relevant Russian credit institution or international financial institution, criteria, stipulated in Item to the 20th this Program on acceptance date by the Interdepartmental commission of the decision on selection of the investment project for participation in this Program and about feasibility of rendering the state support concerning the investment project in the form of provision of a guarantee (further - the decision on selection of the investment project);

i) factual determination of discrepancy of person submitting to authorized bank documents according to the investment project (further - the initiator of the investment project), and (or) the final borrower to requirements, stipulated in Item 22 these Programs, and (or) the final borrower to provisions, stipulated in Item 22(1) these Programs, on acceptance date the Interdepartmental commission of the decision on selection of the investment project;

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