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"

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
RUSSIAN FEDERATION FEDERAL LAW OF THE RUSSIAN FEDERATION amending and supplementing the Federal Law " About Partition Agreements " Adopted by the State Duma on 23 December 1998 Approved by the Federation Council on 27 January 1999 (In the wording of federal laws dated 05.08.2000 N 118-FZ; of 06.08.2001 N 110-FZ; Code of the Russian Federation of 28.05.2003 N 61-FZ; federal laws of 06.06.2003 N 65-FZ; of 11.11.2003 N 139-FZ; of 08.12.2003 N 164-FZ; dated 19.05.2010. N 89-FZ Article 1. OF THE PRESIDENT OF THE RUSSIAN FEDERATION N 16, sect. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 823) the following changes and additions: 1. Supplement article 1 of part eight, reading: "Features of subsoil use in terms of products are established by Federal Law" About Product Arrangement".". 2. In article 3: part one, subparagraph 6, of the first addition to the words ", the establishment of lists of subsoil areas for which the right of use can be granted under the terms and conditions of product-sharing agreements"; in part one, subparagraph 11 ", as well as the approval of contracts under the product section," delete; part one to supplement sub-paragraph 17 of the following content: "17) conclusion of produc-section agreements in the use of subsoil subsoil.". 3. In article 4: sub-paragraph 7 is supplemented by the words ", preparation, together with the Russian Federation, of lists of subsoil areas for which the right to use may be granted under the terms and conditions of the produc-section agreements"; sub-paragraph 12 "(12) Participation of the entities of the Russian Federation within the limits of the powers established by the Constitution of the Russian Federation" and federal laws, in product sharing agreements In the use of subsoil areas; ". 4. In article 7: Part One, as follows: "Under the licence to use mineral resources for mining, construction and operation of non-mining underground facilities" of minerals, the formation of specially protected geological objects, as well as in accordance with the agreement on the division of products for the exploration and production of mineral raw materials, the subsurface area is given to the user in the form of a mountain challenge-a [ [ geometerized block]] Subsoil. "; add the following to the sixth content: "In the provision of subsoil subsoil use in accordance with the agreement on the division of products in prospecting, exploration and extraction of mineral raw materials, the mining or geological extraction shall be made within the limits defined by the said agreement." 5. In article 9: , add a new part of the second reading: " Subsoil users under product section agreements may be citizens of the Russian Federation, foreign citizens, legal entities, and also established on the basis of the joint activities treaties and without the legal personality of the association of legal persons (partnerships), provided that the members of the association are jointly and severally liable for obligations arising from product partition agreements. "; Part Two as Part Two of the third and supplemented by the words ", and in the granting of the right to use subsoil under the terms of the product sharing agreement-since the entry into force of such an agreement"; part three is considered part four. 6. Add article 10 of Part Five, to read: "The procedure for extending the period of use of subsoil under the terms of the product sharing agreement shall be determined by the said agreement.". 7. Part 1 of Article 10-1 to supplement subparagraph 7 with the following: "7) by virtue of a productionsection agreement concluded in accordance with Federal Law" About Product Arrangement".". 8. In article 11: , add a new part of the second reading: " Subsoil allocation (subsoil) shall be granted under the terms of the production sharing agreement. Licence certifies the right to use the specified site (subsoil) under the terms of an agreement defining all the necessary conditions for subsoil use under the Federal Law " About Product Arrangementand the Russian Federation's Subsoil Agreements. "; parts two, three, four and five, respectively, of parts Third, fourth, fifth and sixth. 9. In Article 12: , in Part Two of the phrase "under the terms of the production section," delete; to supplement the new part three: " Subsoil licence under the terms of the section agreements products must contain the relevant data and conditions provided for by the said agreement. "; part three is considered part four. 10. In article 13: add a new part of the second content: "The procedure and terms of the competition or auction for the conclusion of a product sharing agreement shall be determined in accordance with the law of the Russian Federation." Federation. "; parts two, three and four, respectively, third, fourth and fifth parts respectively. 11. In article 14, subparagraph 4, the word "licences" should be replaced by "rights of subsoil use". 12. Part 1 of Article 17: Paragraph 3 is supplemented with the words "as well as the provision of the subsoil licenses provided for in Article 11 of this Law under the terms of the production section"; paragraph 4 in addition to the words "except as provided for in this Act and federal laws". 13. Supplement Article 17-1 Part 8 reading: " Transfer of the Subsoil Use Rights granted to a Business Actor by a Product Sharing Agreement, Reformating existing Licenses are implemented in accordance with the Federal Law "On Product Section Agreements". 14. Supplement article 20 of Part Four, reading: " Under the subsoil use agreement, the right to use the subsoil may be terminated, suspended or restricted under conditions and in order, that are provided for by the specified agreement. ". 15. Supplement article 21 of Part 8 reading: "When subsoil use is in accordance with the product division agreement, the terms and conditions of the early termination of the right to use subsoil use shall be determined by the said agreement." 16. In article 22: in Part One: sub-paragraphs 1 and 4 are supplemented with the words "or the section of the product agreement"; Subparagraphs 3 and 6 after the words "under the licence" to be supplemented with the words " or a section agreement "; (Part Two, subparagraph 10), after" license ", add" or product division agreement ". 17. Supplement article 26 of the seventh preambular paragraph: " Conservation and elimination of mining and other facilities related to the use of subsoil under the product division agreement shall be funded by means of of the liquidation fund created by an investor in a liquidation fund, the size of the formation and use of which shall be determined by such an agreement in accordance with the law of the Russian Federation. ". 18. Part 5 of Article 39 should read as follows: " When concluding agreements on the division of products, the extracted minerals between the Russian Federation and the subsoil user are provided under the Federal Act. "About Product Section Agreements". The subsoil user, which is a party to the product division agreement, is exempt from taxation and other obligatory payments in part and in the manner prescribed by the Federal Law " About Product Arrangement Products" and Russian Federation law. The charges and payments are substituted by the section of the product under the terms of the agreement concluded in accordance with the Federal Law " About Product Section Agreements. " Distribution of products received by the State as a result of the production section under the terms of the agreement or its value equivalent between the Russian Federation and the constituent entity of the Russian Federation located on the basis of contracts concluded by the relevant executive authorities of the Russian Federation and the executive authorities of the constituent entity of the Russian Federation. " (Spconsumed by Federal Law of 19.05.2010) N 89-FZ) 20. In article 43: , add a new part three to the following content: "The forms of royalties from subsoil use agreements are established in accordance with such agreements."; The third and fourth parts shall be considered as parts four and five, respectively. 21. Supplement article 44 to the following part of the twelfth: "Subsoil Users who carry out activities under the terms of the production sharing agreements of the mineral resources are released" From contributions to the reproduction of a mineral resource base. Product sharing agreements should provide for reimbursement to the State for prospecting and exploration for an appropriate quantity of mineral resources. ". 22. Supplement Article 50 with Part Three reading: Issues of subsoil use under the terms of the product are permitted under the terms of these agreements. ". Article 2. Amend the federal law" About the Russian Federation Continental Shelf" (Russian Law Assembly, 1995, N 49, st. 4694) the following changes and additions: 1. Part one of article 7, after the words "foreign States", should be supplemented with the words ", as well as the joint activities and non-legal entities to be established on the basis of a treaty, to the associations of these legal persons (associations) which are A party to the product division agreement, provided that the members of the association are jointly and severally liable under the obligations arising from the product division agreement. ". 2. In article 8: in the first word, including licenses based on product sharing agreements, delete; to supplement the fourteenth reading: " Considerations for the relationships that arise when using "In accordance with the terms of the agreements on the division of products, including those related to the transfer to third parties of the right of subsoil use and the granting of licenses, shall be established by the Federal Law" About Product Section Agreements".". 3. In the first part of article 16: the second paragraph after the words "of the person of the Russian Federation" should be supplemented with the words ", as well as other persons who are investors in accordance with the Federal Law" About Product Arrangement","; Paragraph third after "and legal entities," other persons who are investors in accordance with The Federal Law " About Product Section Agreements","; to add the fourth paragraph to the following paragraph: " other persons who are investors in In accordance with the Federal Act "On Product Section Agreements". ". 4. In article 40: Part Four is supplemented with the words ", as well as created on the basis of a joint activity treaty and without the status of a legal entity, the associations of the above-mentioned legal entities which are party to the section agreement Production "; part of the twelfth redraft: " Distribution of manufactured goods produced by a State as a result of a product division under the terms of the agreement or its value THE RUSSIAN FEDERATION by the relevant bodies of the executive branch of the Russian Federation and the organs of the Russian Federation The executive branch of the constituent entity of the Russian Federation, as a rule, applies to each individual agreement. "; to supplement the following: " of the continental shelf Production sharing agreements according to the provisions of the Federal Act "On Product Section Agreements". 5. Supplement article 47 of Part Three reading: "Disputes between the State and the investor on the use of the continental shelf under the terms of a section of the goods shall be resolved in accordance with the terms of those agreements." Article 3. (Spconsumed by Federal Law 08.12.2003) N 164-FZ) Article 4. (Spconsumed by Federal Law of 06.06.2003) N 65 FZ) Article 5. (Spconsumed by Federal Law of 06.06.2003) N 65 FZ) Article 6. (Spconsumed by Federal Law of 06.06.2003) N65 FZ) Article 7. (Spconsumed by Federal Law of 06.06.2003) N65 FZ) Article 8. (Spconsumed by Federal Law of 06.06.2003) N 65-FZ) (Unused-Federal Law of 11.11.2003 N 139-FZ) Article 9. (Spconsumed by Federal Law 05.08.2000) N 118-FZ) Article 10. (Spconsumed by Federal Law of 06.08.2001) N 110-FZ) Article 11. (Spconsumed by Federal Law 05.08.2000) N 118-FZ) Article 12. (The Code of the Russian Federation, dated 28.05.2003). N 61-FZ) (Overtaken by Federal Law of 06.06.2003) N65 FZ) Article 13. This law shall enter into force on the date of its official publication. President of the Russian Federation B. Yeltsin Moscow, Kremlin 10 February 1999 N 32-FZ