On Amendments To The Federal Law On Production Sharing Agreements "

Original Language Title: О внесении изменений в Федеральный закон "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=102071591

RUSSIAN FEDERATION FEDERAL LAW on amendments to the Federal law on production sharing agreements "adopted by the State Duma May 23, 2001 year approved by the Federation Council June 6, 2001 year Article 1. To amend the Federal law of December 30, 1995 N 225-FZ "on production sharing agreements" (collection of laws of the Russian Federation, 1996, no. 1, art. 18; 1999, N 2, p. 246) as follows: 1. the fourth paragraph of article 6, paragraph 2 shall be amended as follows: "the investor is a user of subsoil for the exploration and mining on other conditions stipulated by legislation of the Russian Federation other than the terms of the agreement. In this case, the agreement could be concluded with the user-specified subsoil or from other legal person or Association of legal persons created involving this user. The said legal person or Association of legal persons, with which negotiations can be held on the preparation of the draft agreement and an agreement is determined in the decision of the Government of the Russian Federation on the establishment of the Commission under paragraph 3 of article 6 of this federal law; ".
2. The last subparagraph of paragraph 2 of article 7 shall be amended as follows: "the parties should include in agreements that at least some parts of the process equipment for mining and processing (Agreement), purchased by the investor, must be carried out on the territory of the Russian Federation."
3. Article 8 shall be amended as follows: ' article 8. Production section 1. Products shall be divided between the State and the investor in accordance with the agreement, which should include (with the exception of the cases stipulated in paragraph 2 of this article) the conditions and procedure: determine the total output and its value;
determine which part of the production (including its threshold) that is passed to the property investor to reimburse his expenses for implementation of the agreement (hereinafter referred to as the compensating products). While the composition of the costs to be reimbursed to the investor at the expense of the compensation products, shall be determined by agreement, in accordance with the legislation of the Russian Federation;
the section between the State and the investor a lucrative product, defined as products excluding part of this products used for payments for subsoil use in accordance with the provisions of this federal law and the compensation of products;
transfer of State owned by him in accordance with the terms of the agreement, part of the production or its equivalent value;
an investor, owned by him in accordance with the terms of the agreement.
2. in some cases, the section of output between the State and the investor in accordance with the agreement can be carried out in a different order than that which is set out in paragraph 1 of this article. The agreement shall provide for conditions and procedures: determination of total output and its value;
the section between the State and an investor in output or its equivalent value and definition of State-owned and investor shares. The proportions of this section shall be determined by agreement depending on the geological-economic plot assessments, valuation, technical project feasibility indicators production sharing agreement;
transfer of State owned by him in accordance with the terms of the agreement, part of the production or its equivalent value;
an investor, part owned by him in accordance with the terms of the agreement.
The conclusion of the agreement in accordance with the terms and conditions of section should be envisaged by the conditions of competition or auction or in the case of concluding an agreement without competition or auction in accordance with paragraph 2 of article 6 of this federal law shall be set by decision of the Government of the Russian Federation and the relevant authority of the Russian Federation. "
4. paragraph 1 of article 9 shall be amended as follows: "1. A part of the production, which is under the terms of the agreement of shares an investor owns property investor.
5. In article 13, paragraph 1 shall be amended as follows: ' 1. Except for the income tax and payments for subsoil use, investor during the period of validity of the agreement subject to the provisions of paragraphs 3 and 7 of this article shall be exempt from taxes and charges (except as provided in paragraph 6 of this article, the single social tax (contribution), established by the legislation of the Russian Federation. In the event of the conclusion of an agreement providing for the features section of the products produced in accordance with paragraph 2 of article 8 hereof, the investor shall be exempt from all federal taxes and fees (except as provided in paragraph 6 of this article, the single social tax (fee), as well as regional and local taxes and fees established in accordance with the tax code of the Russian Federation. Levying these taxes and charges is replaced by section products on the terms of the agreement in accordance with this federal law.
If laws of constituent entities of the Russian Federation and the normative legal acts of representative bodies of local self-government are not provided for the release of an investor from regional and local taxes and fees, part of the production (or part under paragraph 1 of article 8 hereof profitable products), which is the share of the investor in accordance with the terms of the agreement, shall be increased by a corresponding decline in the share of the State by an amount equivalent to the sum actually paid by regional and local taxes and fees and the amount of adjusted calculated on the basis of the Bank of Russia refinance rates in effect during the period under review. When this distribution between the Russian Federation and the relevant subject of the Russian Federation part of production owned by the State in accordance with the terms of the agreement, or its equivalent value shall be adjusted on the basis of the instruments referred to in paragraph 1 of article 10 of the present Federal law. ";
paragraph six of paragraph 2 should be deleted;
paragraph 3 shall be amended as follows: "3. in the performance agreements for the payment of value-added tax shall be as prescribed by the tax code of the Russian Federation.";
paragraph 6 shall be amended as follows: "6. The investor pays the unified social tax (contribution), credited the State budget funds-Pension Fund of the Russian Federation, the social insurance fund of the Russian Federation and compulsory medical insurance in the Russian Federation.";
paragraph 7 shall be amended as follows: "7. in implementing the agreements for the payment of excise duty is based on the features provided by tax code of the Russian Federation."
6. paragraph 1 of article 14 shall be amended as follows: "1. the integration of financial and economic activity of investor in carrying out works on the agreement is carried out for each individual agreement and separately from such integration in the performance of other activities not related to the agreement. Order this account shall be determined by agreement, in accordance with the legislation of the Russian Federation. "
Article 2. This federal law shall enter into force on the day of its official publication.
The President of the Russian Federation v. Putin Kremlin, Moscow, N June 18, 2001 75-FL