ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of August 25, 2017 No. 1008

About procedure of monitoring and control of implementation of the self-sustaining infrastructure projects realized by legal entities in whose financial assets resources of the national welfare fund and (or) the pension accruals which are in trust management of the state-owned managing company, on returnable basis, target use of resources of the national welfare fund are placed when financing of the specified projects and introduction of amendments to some acts of the Government of the Russian Federation

The government of the Russian Federation decides:

1. Approve enclosed:

Rules of implementation of monitoring and control of implementation of the self-sustaining infrastructure projects realized by legal entities in whose financial assets resources of the national welfare fund and (or) the pension accruals which are in trust management of the state-owned managing company, on returnable basis, target use of resources of the national welfare fund are placed when financing of the specified projects;

changes which are made to acts of the Government of the Russian Federation.

2. To the Ministry of Economic Development of the Russian Federation to perform functions of the coordinating body when implementing monitoring and control of implementation of the self-sustaining infrastructure projects included in the list approved by the order of the Government of the Russian Federation of November 5, 2013 No. 2044-r, except for the self-sustaining infrastructure projects provided by Items 1, 2 and 11 these lists, realized by legal entities in whose financial assets resources of the national welfare fund and (or) the pension accruals which are in trust management of the state-owned managing company on returnable basis, target use of resources of the national welfare fund are placed when financing projects (further respectively - projects, resources of the national welfare fund, monitoring and control).

3. In 3-month time from the effective date this resolution:

To the Ministry of Economic Development of the Russian Federation to approve form of the agreement on submission of reports and other additional information of project implementation and of use of resources of the national welfare fund for its financing concluded between the legal entity specified as the initiator of the project in the list approved by the order of the Government of the Russian Federation of November 5, 2013 No. 2044-r, federal executive body or State Atomic Energy Corporation "Rosatom" authorized by the Government of the Russian Federation on implementation of monitoring and control (further respectively - the agreement on submission of reports, the list, the initiator of the project, authorized bodies) and the Ministry of Economic Development of the Russian Federation;

To the Ministry of Finance of the Russian Federation to bring the regulatory legal acts into accord with this resolution.

4. To authorized bodies with participation of the initiator of the project in 2-month time after approval of the form of the agreement on submission of reports specified in Item 3 of this resolution to bring the agreements on submission of reports signed before the date of entry into force of this resolution into compliance with the specified form.

5. In a month after accomplishment of action, the stipulated in Item 4 presents of the resolution:

to authorized bodies with participation of initiators of projects, "Russian Direct Investment Fund Managing Company" joint-stock company (for projects, the decision on which financing by resources of the national welfare fund was made by the supervisory board of the specified society) and the federal executive body performing functions on development and realization of state policy and normative legal regulation in the field of to which the project implementation industry belongs (if necessary) to approve and provide to the Ministry of Economic Development of the Russian Federation the documents, urgent for date of creation, specified in subitems "a", "b", "d" and "e" of Item 8 of the Rules approved by this resolution;

to authorized bodies with participation of initiators of projects, "Russian Direct Investment Fund Managing Company" joint-stock company (for projects, the decision on which financing by resources of the national welfare fund was made by the supervisory board of the specified society) to provide information specified in Item 11 of the Rules approved by this resolution in the Ministry of Economic Development of the Russian Federation.

6. To authorized bodies with participation of initiators of projects, "Russian Direct Investment Fund Managing Company" joint-stock company (for projects, the decision on which financing by resources of the national welfare fund was made by the supervisory board of the specified society), the Ministry of Economic Development of the Russian Federation and federal executive body performing functions on development and realization of state policy and normative legal regulation in the field of to which the project implementation industry belongs (if necessary), in 6-month time from the effective date of this resolution to provide modification of the passports of projects approved by the Government of the Russian Federation according to the changes approved by this resolution.

7. Monitoring and control of the projects included in the list on the date of entry into force of this resolution, except for self-sustaining infrastructure projects, provided by Items 1, of the 2 and 11 list which initiators on the date of entry into force of this resolution raised resources of the national welfare fund for the purpose of projects implementation are performed according to the Rules approved by this resolution from the date of accomplishment of the actions provided by Items 5 and 6 of this resolution.

8. Monitoring and control of the projects included in the list on the date of entry into force of this resolution which initiators on the date of entry into force of this resolution raised resources of the national welfare fund for the purpose of projects implementation are performed before date of accomplishment of the actions provided by Items 5 and 6 of this resolution according to the Rules of investment of funds of National welfare fund in the securities of the Russian issuers connected with implementation of self-sustaining infrastructure projects approved by the order of the Government of the Russian Federation of November 5, 2013 No. 990 "About procedure for investment of funds of National welfare fund in the securities of the Russian issuers connected with implementation of self-sustaining infrastructure projects" without the changes approved by this resolution.

Approved by the Order of the Government of the Russian Federation of August 25, 2017 No. 1008

Rules of implementation of monitoring and control of implementation of the self-sustaining infrastructure projects realized by legal entities in whose financial assets resources of the national welfare fund and (or) the pension accruals which are in trust management of the state-owned managing company, on returnable basis, target use of resources of the national welfare fund are placed when financing of the specified projects

I. General provisions

1. These rules establish the purposes, tasks and procedure of monitoring of implementation of the self-sustaining infrastructure projects realized by legal entities in whose financial assets resources of the national welfare fund and (or) the pension accruals which are in trust management of the state-owned managing company, on returnable basis are placed included in the list approved by the order of the Government of the Russian Federation of November 5, 2013 No. 2044-r, except for the self-sustaining infrastructure projects provided by Items 1, 2 and 11 these list and control of target use of resources of the national welfare fund for financing of the specified projects (further respectively - the project, resources of the national welfare fund, the list, monitoring and control).

2. Monitoring and control are carried out concerning each separate project included in the list from the date of inclusion of the project in the list or from the date of receipt by the Ministry of Economic Development of the Russian Federation performing functions of the coordinating body when implementing monitoring and control (further - the coordinating body), the documents specified in subitems "a", "b", "d" and "e" of Item 8 of these rules, and also information specified in Item 11 of these rules and continue before date of return of the resources of the national welfare fund raised for financing of the project or before date of exception of the project from the list.

3. Participants of monitoring and control are:

a) the federal executive bodies authorized by the Government of the Russian Federation on implementation of monitoring and control (further - authorized bodies);

b) the federal executive body performing functions on development and realization of state policy and normative legal regulation in the field of to which the project implementation industry belongs (further - industry body).

At the same time participation in monitoring and control of the project of industry body is allowed only concerning the project for which functions of authorized body are not assigned by the Government of the Russian Federation to the federal executive body performing functions on development and realization of state policy and normative legal regulation in the field of to which the project implementation industry, and (or) the project including complex of investment actions in different industries belongs (further - the complex project).

For complex projects participation in monitoring and control of one or several industry bodies is allowed.

The decision on need of participation in monitoring and control of one or several industry bodies is accepted by authorized body in coordination with the coordinating body according to the program documents specified in the passport of the project containing the main information on technical and financial and economic parameters of the project, his participants, obligations and results of project implementation assumed by them which concept and structure are determined by Rules of evaluating feasibility of financing of investment projects by resources of the national welfare fund and (or) pension accruals which are in trust management of the state-owned managing company on returnable basis approved by the order of the Government of the Russian Federation of November 5, 2013 No. 991 "About procedure for evaluating feasibility of financing of investment projects by resources of the national welfare fund and (or) pension accruals which are in trust management of the state-owned managing company on returnable basis", and also appendix No. 1 to the specified Rules of evaluating (further - the passport of the project);

c) the coordinating body;

d) Ministry of Finance of the Russian Federation;

e) the legal entity specified as the initiator of the project in the list (further - the initiator of the project);

e) the credit institutions conforming to the following requirements:

availability at credit institution of the general or universal license of the Central bank of the Russian Federation;

availability at credit institution of own means (capital) in the amount of at least 25 billion rubles;

finding of credit institution under direct or indirect control of the Central bank of the Russian Federation or the Russian Federation;

implementation by credit institution based on the agreement signed with the initiator of the project, check of carrying out the transactions performed by resources of the national welfare fund within project implementation on the separate bank account with restrictions (the special mode) of carrying out account transactions (further - the special account) opened in this credit institution and forming of the corresponding reports following the results of such check (further respectively - credit institutions, bank support of projects);

g) for the projects realized with the assistance of "Russian Direct Investment Fund Managing Company" joint-stock company, the decision on which financing by resources of the national welfare fund was made by the supervisory board of the specified society (further, - projects of the Russian Direct Investment Fund), participants of monitoring and control also are:

"Russian Direct Investment Fund Managing Company" joint-stock company;

the organization - the beneficiary, determined if the project is implemented by several participants, including the initiator of the project, and also the organization, with which the initiator of the project signs the agreement providing transfer of the infrastructure created as a result of project implementation for benefit of the specified organization at the same time for projects of the Russian Direct Investment Fund, such organization is determined by authorized body together with the coordinating body in coordination with the Russian Direct Investment Fund (further - the beneficiary).

4. For the purpose of monitoring and control of the project the initiator of the project and (or) the beneficiary (in case of implementation of monitoring and control of projects of the Russian Direct Investment Fund and in case of determination of the beneficiary), and (or) the Russian Direct Investment Fund (in case of implementation of monitoring and control of projects of the Russian Direct Investment Fund) submit reports on the project progress and on use of resources of the national welfare fund when financing the project according to these rules, and also at the request of the coordinating body or authorized body the additional information concerning financial position of the initiator of the project and (or) the beneficiary (in case of implementation of monitoring and control of projects of the Russian Direct Investment Fund and in case of determination of the beneficiary), the project progress and use involved with the initiator of the project and (or) the beneficiary (in case of implementation of monitoring and control of projects of the Russian Direct Investment Fund) resources of the national welfare fund.

II. Purpose, tasks and subject of monitoring and control

5. The purpose of monitoring and control is the efficiency evaluation of the performed investments of capital of National welfare fund when financing projects on the basis of which acceptance of reasoned decisions about need of modification of projects for their optimization is possible.

6. The main objectives of monitoring and control are:

a) collection and information analysis about the project progress, including about variations of the actual values of the key technical and financial and economic parameters of the project from the planned sizes specified in the passport of the project;

b) control of target use of resources of the national welfare fund when financing the project;

c) identification of project risks at stage of realization and operation, and also preparation of offers on their elimination or minimization of negative impact on indicators of the key technical and financial and economic parameters of the project.

7. Subject of monitoring and control are:

a) the project progress (timeliness and completeness of accomplishment of actions (works) within project implementation).

Actions (works) within project implementation are understood as the operations performed for achievement of the key technical and financial and economic parameters of the project having exact terms of the beginning and the termination responsible for project implementation, interrelations with other actions and (or) control points established in the passport of the project.

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