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On Amendments And Additions To The Federal Law On Production Sharing Agreements "

Original Language Title: О внесении изменений и дополнений в Федеральный закон "О соглашениях о разделе продукции"

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RUSSIAN FEDERATION FEDERAL LAW On introducing changes and additions to Federal Law "About Product Agreements" Adopted by State Duma 9 December 1998 Approved by the Federation Council on 23 December 1998 Article 1. Amend the Federal Law "On Product Section Agreements" (Collection of Laws of the Russian Federation, 1996, N 1, sect. 18) the following changes and additions: 1. In article 2: paragraph 2 should read " 2. The conditions for the use of the subsoil, as set out in the agreement, shall be in accordance with the legislation of the Russian Federation. Subsoil management may be restricted, suspended or terminated under the terms of an agreement concluded in accordance with the laws of the Russian Federation. "; paragraph 3: paragraph 1 after The words "shall be established by federal laws" with the addition of the words ", except as provided for in paragraph 5 of this article."; paragraph 2 should read as follows: " The drafts of the said federal laws, as well as Federal law on amendments and additions to the The said federal laws are submitted to the State Duma of the Federal Assembly of the Russian Federation by subjects of legislative initiative and are considered by the State Duma of the Federal Assembly of the Russian Federation in the presence of opinions OF THE PRESIDENT OF THE RUSSIAN FEDERATION " Subsoil plots are included in the lists of subsoil areas, of which the Government of the Russian Federation is justified in justifying the inclusion of such subsoil assets in the above-mentioned lists. A decision of the legislative (representative) body of the constituent entity of the Russian Federation is required in relation to the traditional residence and economic activities of small indigenous peoples in the territory of the Russian Federation. The territory of which is located such a subsurface area taken in consideration of the interests of small indigenous minorities, as well as of the corresponding local self-government body. It is allowed to provide at least 30 per cent of the discovered and accounted for state balance of mineral resources under the production section. "; to supplement new paragraphs 4 and 5 as follows: " 4. The basis for inclusion in the lists of subsoil areas for which the right to use may be granted under the terms of the product is: due to objective factors of loss to the subsoil user and the State of continuations The development of mineral-forming mineral deposits if the development of such deposits can produce a significant amount of mineral production, and the elimination of the development has negative social consequences; lack of financial and technical resources for The development of new large mineral deposits, which have been used to maintain the level of mineral production in the Russian Federation as a whole for social development and economic security of the Russian Federation The Federation, as well as for the construction of facilities (including transportation of mineral resources), primarily on the continental shelf of the Russian Federation, in remote and underdeveloped areas; need to attract high-cost technologies Development of hard-to-extract, large-scale, mining and geological reserves that are residual to mining sites, as well as the need to prevent losses Energy and mineral resources in the subsoil; The need to attract additional financial and technical resources for environmental safety and subsoil protection in the development of highly protected the natural territories of large mineral deposits; The need to provide the regions with their own fuel and energy raw materials, create new jobs, provide favorable social and economic conditions in the grant regions and areas with employment in the region. of the Russian Federation's obligations to negotiate the terms of the agreements, as well as the availability of the results of tenders or auctions for subsoil use under the terms of the section production. 5. In some cases, the lists of subsurface areas for which the right of use may be granted under the terms of this Federal Act are established by decision of the Government of the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The oil reserves amount to 25 million tons of oil. gas fields with reserves of up to 250 billion cubic metres; the indigenous gold deposit, which reserves up to 50 tons; deposits of gold mine which stock up to 1 tonnes; other mineral deposits not related to strategic minerals and non-currency values. "; paragraph 4 read paragraph 6; paragraph 5 read as paragraph 7 and state it in the following edition: " 7. Agreements concluded prior to the entry into force of this Federal Act shall be enforceable according to certain conditions. However, the provisions of this Federal Act apply to the said agreements insofar as its application does not contravene the terms of such agreements and does not limit the rights acquired and exercised by investors in accordance with these agreements. Agreements. ". 2. In article 6: paragraph 1, after the first paragraph, add the following paragraphs: " The terms of the competition or auction should include the participation of Russian legal persons in the implementation of the agreements in the shares determined by OF THE PRESIDENT OF THE RUSSIAN FEDERATION In relation to subsoil areas located on the territories of the traditional residence and economic activities of small indigenous peoples, the conditions of the tender or auction or the uncompetitive provision of subsoil should be The payment of appropriate compensation for violation of the traditional natural resource management regime. The initial conditions for tenders or auctions are based on feasibility studies commissioned by the public authorities responsible for tenders or auctions. "; second paragraph 1 The following wording: " Agreements are concluded on the basis of the provisions established by the legislation of the Russian Federation. Agreements relating to the use of subsoil areas located on the continental shelf of the Russian Federation and (or) within the exclusive economic zone of the Russian Federation, as well as agreements concluded pursuant to paragraph 2 Article 6, paragraph 2, of this Federal Act is approved by separate federal laws. "; paragraph 3 should read: " 3. Development of conditions for subsoil use and preparation of draft agreement on each subsoil use are carried out by a commission established by the Government of the Russian Federation in agreement with the executive branch of the relevant entity of the Russian Federation. The commission is composed of representatives of the federal executive authorities, including representatives of the federal government of the State Subsoil Fund and its territorial division, representatives THE RUSSIAN FEDERATION In cases where the subsurface areas are located on the territory of the traditional residence and the economic activities of small indigenous peoples, the commission shall be composed of representatives of the Federal OF THE PRESIDENT OF THE RUSSIAN FEDERATION If necessary, the work of the commission shall be organized by the production and scientific organizations, as well as by experts and consultants. Funding of work related to the development of the terms of the tender or auction, feasibility study and preparation of the draft agreement shall be carried out at the expense of the funds received from the implementation of the agreement. " 3. In article 7: , paragraph 2, paragraph 2, should read: " To grant Russian legal persons priority to participate in the work of the agreement as contractors, suppliers, carriers or other quality on the basis of contracts (contracts) with investors; "; , paragraph 2, after the second paragraph, supplement the following paragraphs: " Attracting the employees-citizens of the Russian Federation, the number of which should be at least 80 per cent of the workforce involved, attracting foreign workers and specialists only at the initial stages of the agreement or in the absence of workers and specialists of the Russian Federation of relevant qualifications; placing of orders for manufacture equipment, equipment and materials needed for geological study, mining and primary processing of mineral resources, in the amount of at least 70 per cent of the total value of such orders between Russian legal entities or by foreign legal entities carrying out the relevant activities and Registered as taxpayers in the territory of the Russian Federation; acquisition on a competitive basis of new equipment and introduction of advanced technologies for the operation of the agreement. However, Russian goods (equipment, equipment and materials) with regard to reliability, safety, quality and timing should be competitive in relation to similar foreign goods. "; was revised to read: " 3. The investor is obliged to take measures under the legislation of the Russian Federation in the facilities located in the areas of traditional residence and economic activities of small indigenous peoples. Protection of the native habitat and traditional way of life of small indigenous minorities, as well as to provide appropriate compensation in the cases and in the manner prescribed by the Government of the Russian Federation. "; paragraph 4 The following wording: " 4. The organization of work on the agreement, including the maintenance of accounting and reporting in accordance with the provisions of Article 14 of this Federal Law, is carried out by the investor or by the investor's order by the operator of the agreement. As such an operator whose subject matter should be limited to the organization of the works, may be created by the investor for such purposes in the territory of the Russian Federation, branches or legal entities or involved For these purposes, legal entities, as well as foreign legal entities carrying out activities in the territory of the Russian Federation. At the same time, the investor is responsible to the State for the actions of the operator of the agreement as for its own actions. "; paragraph 7, amend to read: " 7. In order to coordinate the work on the agreement, the parties must establish a governing committee, which includes an equal number of representatives on each side. The size, rights and obligations of the governing committee, as well as the procedure for its work, shall be determined by agreement. The establishment of the governing committee shall include the equal participation of representatives of the federal executive authorities by the State and representatives of the executive authorities of the relevant constituent entity of the Russian Federation, the territory of which is located the corresponding subsoil area. ". 4. Paragraph 6 of article 13 should read: " 6. The investor shall make obligatory payments for the social and health insurance of its employees-citizens of the Russian Federation, as well as payments to the State Employment Fund of the Russian Federation and to the Pension Fund of the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Amend article 19, paragraph 3, to read: " 3. The Government of the Russian Federation shall submit to the State Duma of the Federal Assembly of the Russian Federation, together with the draft federal law on the federal budget for the relevant year, a report on the results of the work on the implementation of the agreements section of the product. The report is sent to the Accounts Chamber of the Russian Federation and is considered by the State Duma of the Federal Assembly of the Russian Federation only upon the submission of its opinion by the Accounts Chamber of the Russian Federation. " Article 2. This Federal Law shall enter into force on the date of its official publication. President of the Russian Federation B. Yeltsin Moscow, Kremlin 7 January 1999 N 19-FZ