On Amendments To The Federal Law On Production Sharing Agreements "

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

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RUSSIAN FEDERATION FEDERAL LAW On Amendments to Federal Law "About Product Section Agreements" Adopted by the State Duma on May 23, 2001 Approved by the Federation Council on 6 June 2001 Article 1. To amend the Federal Law of 30 December 1995, No. 225-FZ "On agreements on division of products" (Collection of Laws of the Russian Federation, 1996, N 1, est. 18; 1999, N 2, article (246) the following changes: 1. Paragraph 2 of article 6, paragraph 2, states that: " The investor is the subsoil user for exploration and exploitation of mineral resources for other conditions provided for by the laws of the Russian Federation other than the conditions agreements. In this case, the agreement may be entered into with the specified user of the subsoil, or with another legal entity or association of legal persons established with the participation of the user. The legal person or association of legal persons with whom negotiations on the preparation of the draft agreement may be held and an agreement may be concluded shall be determined by the decision of the Government of the Russian Federation on the establishment of a commission, under article 6, paragraph 3, of this Federal Law; ". 2. The last paragraph of article 7, paragraph 2, should read: " Parties should stipulate in agreements the condition that not less than a certain proportion of technological equipment for the extraction and processing of mineral resources (if any) The agreement) is to be purchased by the investor in the territory of the Russian Federation. ". 3. Article 8 should read as follows: " Article 8. Product section 1. The products are subject to the division between the State and the investor, in accordance with the agreement, which must provide (except as provided for in paragraph 2 of this article) the conditions and order of: the volume of production and its value; the definition of part of the production (including its limit), which is transferred to the investor's property in order to recover its costs for the performance of the agreement (hereinafter referred to as "the contract"). compensation. At the same time, the composition of the costs to be compensated to the investor at the expense of compensation is determined by the agreement in accordance with the legislation of the Russian Federation; the section between the State and the investor of the profitable product, which is understood to be the production net of the part of these products used for the payment of royalties under the provisions of this Federal Act and compensation products; to the State of its own accord under the terms of the agreement the product or its value equivalent; is produced by the investor in accordance with the terms of the agreement. 2. In some cases, the division of produced goods between the State and the investor under the agreement may be in a different order than the one set out in paragraph 1 of this article. The agreement should include conditions and order: the determination of the total output and its value; the section between the State and the investor of the production or its value; and The determination of the State and investor's share of the production. The portions of the specified section are defined by the agreement, depending on the geological-economic and monetary estimates of the subsurface area, the technical project, the feasibility study of the production partition agreement; The State of its own part, under the terms of the agreement, of the part of the produce or its value; the acquisition by the investor of a portion of the manufactured goods that it owns in accordance with the terms of the agreement. The conclusion of the agreement under the terms and conditions of the section should be subject to the terms of the tender or auction, or in the case of an agreement without a tender or auction in accordance with paragraph 2 Article 6 of this Federal Law shall be determined by the decision of the Government of the Russian Federation and the executive authority of the constituent entity of the Russian Federation. ". 4. Article 9, paragraph 1, should read: " 1. Part of the output produced under the terms of the investor's share is owned by the investor. ". 5. In article 13: , paragraph 1, amend to read: " 1. With the exception of the profit tax and royalty payments, the investor shall, within the terms of paragraphs 3 and 7 of this article, be exempt from the imposition of taxes and charges (with the exception of paragraph 6). OF THE PRESIDENT OF THE RUSSIAN FEDERATION The investor is exempted from all federal taxes and fees, in the event of an agreement that provides for the division of the produced goods in accordance with article 8, paragraph 2, of this Federal Act. except as provided in paragraph 6 of this article of the single social tax (contribution), as well as regional and local taxes and fees established under Russian Tax Code. The charges and fees are to be replaced by the section of the product under the terms of the agreement in accordance with this Federal Law. If the laws of the constituent entities of the Russian Federation and the regulatory legal acts of representative bodies of local self-government do not provide for the release of the investor from the collection of regional and local taxes and fees, part of it Products produced (or part of article 8 (1) of this Federal Law of the lucrative product), which is the share of the investor under the terms of the agreement, is to be increased by a corresponding reduction in the share the equivalent of the amount actually paid Regional and local taxes and fees, and refined in the amount calculated on the basis of the rates of refinancing of the Bank of Russia in the past. The distribution between the Russian Federation and the relevant constituent entity of the Russian Federation, in accordance with the terms and conditions of the agreement, is subject to correction by the Russian Federation. The basis of the treaties referred to in article 10, paragraph 1 of this Federal Law. "; sixth paragraph, paragraph 2, delete; paragraph 3 should read: " 3. In the execution of agreements, the value added tax is paid in accordance with the procedure established by the Tax Code of the Russian Federation. " paragraph 6 should read: " 6. The investor pays a unified social tax (contribution) credited to state off-budget funds-the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation and the funds of compulsory medical insurance of the Russian Federation Federation. "; paragraph 7 restated: " 7. In the implementation of the agreements, the payment of excise duties shall be carried out taking into account the peculiarities set by the Tax Code of the Russian Federation. " Article 14, paragraph 1, should read: " 1. The accounting of the financial and economic activities of the investor in the performance of the agreement shall be carried out under each separate agreement, and also separately from such accounting in the performance of other activities not related to the agreement. This accounting is governed by an agreement in accordance with the law 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 Vladimir Putin Moscow, Kremlin 18 June 2001 N 75-FZ