Amending Legislative Acts Of The Russian Federation Changes And Additions Resulting From The Federal Law On Production Sharing Agreements "

Original Language Title: О внесении в законодательные акты Российской Федерации изменений и дополнений, вытекающих из Федерального закона "О соглашениях о разделе продукции"

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102058077

RUSSIAN FEDERATION Federal Act to amend legislative acts of the Russian Federation changes and additions resulting from the Federal law on production sharing agreements "adopted by the State Duma December 23, 1998 the year approved by the Federation Council of the year January 27, 1999 (as amended by the federal laws from 05.08.2000 N 118-FZ;
from 06.08.2001 N 110-FL; Code of the Russian Federation dated 28.05.2003 N 61-FL; Federal laws from 06.06.2003 N 65-FZ; from 11.11.2003 N 139-FZ;
from 08.12.2003. N 164-FZ; from 19.05.2010 N 89-FZ), Article 1. To the law of the Russian Federation "on the bowels" (records of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, no. 16, art. 834; Collection of laws of the Russian Federation, 1995, N 10, art. 823) the following amendments and supplements: 1. Supplement article 1 part of eighth as follows: "peculiarities of subsoil use relations under the conditions of production are set by the Federal law on production sharing agreements".
2. In article 3: subparagraph 6 of the first part shall be supplemented with the words "the establishment of lists of subsoil areas, the right of use which may be granted on the terms of production sharing agreements";
in subparagraph 11 of part one of the words ", as well as approval of the agreements on the conditions of production" should be deleted;
first part of supplement subparagraph 17 reading: "17) production sharing agreements when using subsurface areas.".
3. In article 4, subparagraph 7: Add the words ", together with the Russian Federation lists subsoil areas, the right of use which may be granted on the terms of production sharing agreements";
subparagraph 12 worded as follows: "12) participation of the constituent entities of the Russian Federation within the powers defined by the Constitution of the Russian Federation and federal laws on production sharing agreements when using lots of bowels;".
4. In article 7: the first part read: "in accordance with a license for subsoil use for mining, construction and operation of underground structures not related to mining, education, special protection of geological objects, as well as in line with the production sharing agreement, exploration and production of mineral subsoil plot is granted to the user in the form of a mining lease-geometrizovannogo block bowels.";
Supplement part six of the following lines: "in the granting of subsoil plot for use in accordance with the agreement on production sharing, exploration and production of mineral resources mining or geological allotment is issued within the boundaries defined by the agreement."
5. In article 9: complement of the new part of the second reading: "Users of bowels on the terms of production sharing agreements can be citizens of the Russian Federation, foreign citizens, legal persons, as well as established on the basis of contracts about joint activity and do not have the status of legal person, Association of legal entities (camaraderie) provided that the parties to the merger shall be jointly and severally liable for the obligations arising from production-sharing agreements.";
part two considered part of third and add the words ", and when granting the right to use the subsoil on the terms of production sharing agreement-since the entry into force of this agreement";
part three regarded as part of the fourth.
6. Supplement article 10, paragraph 5, to read: "the order of prolongation of the subsoil on the terms of production sharing agreements is determined by the agreement."
7. the first part of article 10-1 Supplement subclause 7 as follows: "7) based on production sharing agreements concluded in accordance with the Federal law on production sharing agreements".
8. Article 11: complement the new part 2 to read as follows: "provision of section (sections) of the subsoil in the conditions of production sharing agreement is issued a license on subsoil use. Licence certifies the right to use the specified plot (tracts) subsoil on the terms of the agreement, which defines all necessary conditions of use of the mineral resources in accordance with the Federal law on production sharing agreements "and the legislation of the Russian Federation on the bowels.";
part of the second, third, fourth and fifth respectively considered parts of the third, fourth, fifth and sixth.
9. In article 12: in the second part, the words "Treaty on the conditions of production," should be deleted;
to complement the new paragraph 3 as follows: "the license for subsoil use, on the terms of production sharing agreements must contain the relevant data and the conditions stipulated in the agreement.";
part three regarded as part of the fourth.
10. Article 13: to complement the new part 2 to read as follows: "the procedure and conditions of the contest or an auction for production sharing agreement shall be determined in accordance with the legislation of the Russian Federation.";
part of the second, third and fourth respectively considered parts of the third, fourth and fifth.
11. in paragraph 4 of article 14, the word "license" should be replaced by the words "the right of subsoil use.
12. In the first part of article 17:

third paragraph add the words ", as well as the provision set out in article 11 of this law for subsoil use license on the terms of production sharing agreements";
fourth paragraph, add the words "except as provided by this law and federal laws".
13. Supplement article 17-1 part of eighth as follows: "the transfer of the right of subsoil use, provided the subject of entrepreneurial activity based on production sharing agreement, renewal of existing licences shall be carried out in accordance with the Federal law on production sharing agreements".
14. Supplement article 20, paragraph 4, to read: "when using mineral resources in line with the production sharing agreement the right of subsoil use may be terminated, suspended or restricted under the conditions and in the manner envisaged by the agreement."
15. Supplement article 21 part of eighth as follows: "when using mineral resources in line with the production sharing agreement the conditions and procedure for the early termination of subsoil use rights are determined by the specified agreement.".
16. Article 22: part one: subparagraphs 1 and 4 shall be supplemented with the words "or agreement";
subparagraphs 3 and 6, after the words "in accordance with the license" add the words "or a production-sharing agreement";
subparagraph 10 of part two, after the words "established by the licence" add the words "or production sharing agreement".
17. Supplement article 26 part 7 to read as follows: "Conservation and liquidation of mines and other buildings associated with the use of mineral resources in line with the production sharing agreement, carried out at the expense of the investor liquidation fund to be created, size, order of formation and use of which shall be defined in the agreement in accordance with the legislation of the Russian Federation."
18. the fifth Part of article 39 shall be reworded as follows: "upon conclusion of the production-sharing agreements provided for the partition of the extracted mineral between the Russian Federation and the subsoil user in accordance with the Federal law on production sharing agreements". Subsoil user of a production sharing agreement is exempt from taxes and other mandatory payments in part and in accordance with established federal law on production sharing agreements "and the legislation of the Russian Federation. Levying these taxes and payments shall be replaced by the section of products in accordance with the terms of an agreement concluded in accordance with the Federal law on production sharing agreements ". Product distribution received by the State as a result of the partition of goods produced in accordance with the terms of the agreement, or its equivalent value between the Russian Federation and the Russian Federation on the territory of which is provided by the use of subsoil plot is carried out on the basis of the contracts concluded between the relevant bodies of executive authorities of the Russian Federation and bodies of executive power of the constituent entities of the Russian Federation. "
19. (repealed-the Federal law dated 19.05.2010 N 89-FZ) 20. Article 43: complement of the new paragraph 3 as follows: "the form of levying payments for subsoil use in the performance of production-sharing agreements are established under such agreements. ';
part of the third and fourth parts, respectively, considered the fourth and fifth.
21. Supplement article 44 part of twelfth as follows: "subsoil Users engaged in accordance with the terms of production sharing agreements booty prospected for minerals out of public funds are exempt from royalties for the reproduction of mineral-raw-material base. Production sharing agreements should provide for reimbursement of States for the exploration of mineral resources. "
22. Supplement article 50, paragraph 3 to read as follows: "disputes on subsoil use under the conditions of production are permitted under the terms of these agreements."
Article 2. To amend the Federal law on the continental shelf of the Russian Federation (collection of laws of the Russian Federation, 1995, no. 49, p. 4694) the following amendments and supplements: 1. the first part of article 7, after the words "foreign States", add the words ", as well as created on the basis of the contract about joint activity and do not have the status of legal person associations referred to legal entities (associations), which is a party to the agreement on production sharing, assuming that the parties to the merger shall be jointly and severally liable for the obligations arising from the agreement on product division.
2. In article 8: in the first part the words ", including the license based on production sharing agreements" should be deleted;
Supplement part of the fourteenth as follows:

"Especially the relations arising during the use of the areas of the continental shelf in accordance with the terms of production sharing agreements, including those related to the provision, transfer to third parties the right of subsoil use and licences shall be established by the Federal law" on production sharing agreements ".
3. In the first part of article 16: second paragraph, after the words "persons of the Russian Federation", add the words ", as well as other persons who are investors in accordance with the Federal law on production sharing agreements", ";
the third paragraph after the words "legal persons", add the words ", other persons who are investors in accordance with the Federal law on production sharing agreements", ";
complement the fourth paragraph to read: "other persons who are investors in accordance with the Federal law on production sharing agreements".
4. Article 40: part four shall be supplemented with the words "as well as established on the basis of the contract about joint activity and do not have the status of legal person in amalgamation specified legal persons who are party to the agreement on product division";
Part 12 worded as follows: "the distribution of manufactured products obtained as a result of production by the State in accordance with the terms of the agreement, or its equivalent value between the Russian Federation and the Russian Federation, whose territory is used for carrying out the agreement, when using areas of the continental shelf is carried out on the basis of the contracts concluded between the relevant bodies of executive authorities of the Russian Federation and bodies of executive power of the constituent entities of the Russian Federation for generally, each individual agreement. ";
Supplement part of the thirteenth as follows: "this article Established the system of payments for the use of areas of the continental shelf apply to production-sharing agreements in accordance with the provisions of the Federal law on production sharing agreements".
5. Supplement article 47, paragraph 3 to read as follows: "disputes between the State and the investor on the use of the continental shelf under the conditions of production are settled in accordance with the terms of those agreements."
Article 3. (Repealed-the Federal law dated 08.12.2003. N 164-FZ), Article 4. (Repealed-Federal Act of 06.06.2003 N 65-FZ), Article 5. (Repealed-Federal Act of 06.06.2003 N 65-FZ), Article 6. (Repealed-Federal Act of 06.06.2003 N 65-FZ) Article 7. (Repealed-Federal Act of 06.06.2003 N 65-FZ) Article 8. (Repealed-Federal Act of 06.06.2003 N 65-FZ) (Repealed-the Federal law dated 9/3/2003 N 139-FZ) Article 9. (Repealed-the Federal law from 05.08.2000 N 118-FZ), Article 10. (Repealed-federal law 06.08.2001 N 110-FZ), Article 11. (Repealed-the Federal law from 05.08.2000 N 118-FZ) Article 12. (Repealed-Code of Russian Federation from 28.05.2003 N 61-FZ) (Repealed-Federal Act of 06.06.2003 N 65-FZ) Article 13. This federal law shall enter into force on the day of its official publication.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow, N February 10, 1999 32-FL