On Introduction Of Amendments To Certain Legislative Acts Of Ukraine Concerning The Implementation Of Agreements On The Distribution Of Products

Original Language Title: Про внесення змін до деяких законодавчих актів України щодо виконання угод про розподіл продукції

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Read the untranslated law here: http://zakon3.rada.gov.ua/laws/show/5406-17

The LAW of UKRAINE on amendments to certain legislative acts of Ukraine concerning the implementation of agreements on the distribution of products (Supreme Council (BD), 2013, no. 41, item 567) {amended according to the Law No. 1197-VII from 10.04.2014, VVR, 2014, no. 24, item 883 # 329-VIII from 09.04.2015, VVR, 2015, no. 27, item 234} Verkhovna Rada of Ukraine decides: I. Make changes to the following legislative acts of Ukraine 1. In the code of Ukraine on the bowels (Supreme Council of Ukraine, 1994, no. 36, item 340): 1) in part three of article 16, after the words "provision of special permits for subsurface use" add the words "comma except subsoil under production sharing agreements concluded in accordance with the law of Ukraine" on production sharing agreements ";

2) in article 24: a part of the fourth supplement the two sentences of the following contents: "such a consent or waiver in its rendering must be provided within twenty calendar days after the receipt of a corresponding written request. If not any reply within the specified time, such consent is considered provided ";

Add the following contents: part five "in the case of an investor for production sharing agreement refusal from the bowels of providing consent to the carrying out of works in the framework of the mining right of way, provided that the user of the subsoil for mining, except mine drainage for the extraction of the stone and brown coal, anthracite and iron metal ores, regardless of the reason for such waiver, consent may be given by the specifically authorized central body of the Executive power of industrial safety , labour, Government and mining supervision and State regulation in the field of the safe management of explosive materials for industrial purposes, provided that the simultaneous subsoil use multiple nadrokoristuvačami within one of the mining right of way does not create a threat to the life and health of the people and not cripple nadram and/or industrial facility, located within the specified mining right of way ".

2. in the second part of article 2 of the law of Ukraine "on oil and gas" (Supreme Council of Ukraine, 2001, no. 50, art. 262) words "regarding the use of naftogazonosnimi subsoil under the terms of the distribution of the products exclude.

3. the first part of article 1 of the law of Ukraine "about the permitting system in the branch of economic activity (the Supreme Council of Ukraine, 2005, no. 48, article 483 of the following amendments) add a paragraph the fifteenth such" entity-a registered in accordance with the legislation of Ukraine or a legal person of another State, regardless of its legal form and form of ownership, which carries out economic activities, in addition to the bodies of State power and bodies of local self-government as well as individual-entrepreneur, including the investor that is a party to the production sharing agreement in accordance with the law of Ukraine "on production sharing agreements", its contractor, subcontractor, supplier or other counterparty to perform work under the production sharing agreement, on the basis of agreements with the investor.

4. The law of Ukraine "on production sharing agreements" (Supreme Council of Ukraine, 1999, no. 44, art. 391): 1) in article 1: the second paragraph to this wording: "investor (investors) is a Ukrainian citizen, alien, stateless person, legal person or another State, legal entities established in Ukraine or abroad, persons acting separately or together, which has (have) the matching of financial-economic and technical capabilities or qualified for subsoil use, and defined the winner (the winners); the person identified by the fifteenth paragraph of article 7 of this law, in case of the conclusion of the agreement with the participation of such person; a person who has acquired rights and obligations defined by the production sharing agreement, as a result of the transfer of rights and obligations in accordance with article 26 of this law;

the fifth paragraph after the word "cost" add the words "and, in the cases stipulated by this law, taking into account their indexing";

supplement paragraph tenth of such "unconventional hydrocarbons-gas shale formations, natural gas (methane) coal fields, gas central basin type, oil, condensate or other vuglevodneva materials, which lies in unconventional reservoirs."

2) in article 2: in the second of the words "as well as" deleted, and after the words "disposition of her otherwise" add the words "as well as the construction and operation of the related industrial facilities, pipelines and other facilities;

in the second sentence of part four of the words "including those arising in the course of use of the land, the subsoil and natural resources exclude;

3) first paragraph of part three article 4, after the words "provide investors with" add the words "(including wholesale trades), as well as representatives of foreign investors, and assists in providing their by, subpìdrâdnim and other organizations (parties), as well as representatives of foreign contractors, subpìdrâdnih and other organizations (people)";

4) in part 1 of article 5: after the second paragraph add two new paragraphs following contents: "production sharing agreement address issues of governance and coordination of the activities of the parties can rely on the Steering Committee or other body control, created with the participation of the parties.

In order to participate in the implementation of the State under the production sharing agreement (including participation in the activities of established bodies) the Cabinet of Ministers of Ukraine may convey the necessary powers to the central body of the Executive power in the sphere of geological study and rational use of the bowels or other organ of State power, which appoints representatives to the Steering Committee or another body established under the agreement, defines the scope of their authority and controls their activities. "

In this regard, paragraphs third-fifth considered in accordance with paragraphs fifth-seventh;

paragraph six lay in the following wording: "a working body of the Interdepartmental Commission is the central body of the Executive power in the sphere of geological study and rational use of the subsoil (hereinafter the working body of the Interdepartmental Commission);

5) article 6: the second paragraph of part one outline in the following wording: "at the request of the investor, and in cases where the land necessary to perform under the production sharing agreement, are in State or municipal ownership, areas of subsurface resources (mineral deposits) are provided along with the land. In all other cases, the State ensures the provision at the request of the investor of land required for the implementation of the concluded agreements on the distribution of products, in the manner specified in this agreement. In the case of being land required for use of the subsoil under production sharing agreements, owned by individuals or legal entities or in communal property to obtain the right of ownership on these land plots carried out by the State according to law, unless otherwise provided by an agreement on the distribution of product ";

part of the third lay in the following wording: "3. the amendments to the geographical coordinates of the plots of the subsoil (mineral deposits), which announced a contest to enter into a production sharing agreement, or concerning which the Commission conducted negotiations on the conclusion of such an agreement, is prohibited.

This prohibition does not apply to changes to the geographic coordinates of sites the bowels (mineral deposits), which signed a production sharing agreement, which is carried out at the request of the investor (investors) according to the production sharing agreement, by making amendments to the authorization for the use of the land Interior without the need for amendments to such agreement;

part of the fifth supplement paragraphs third-eleventh the following contents: "production sharing agreement can be concluded in this order also due at the same time several special permits and/or on several sections of the bowels, regardless of whether such plots bowels contiguous or those that are separate from each other.

The decision of the Cabinet of Ministers of Ukraine on the conclusion of the contract without competition are authorised on the basis of: the written appeal (statement) nadrokoristuvača to the Interdepartmental Commission with a proposal to enter into a production sharing agreement (bilateral or multilateral) consisting of copies of documents confirming the legal status of the applicant, his financial possibilities, a copy of the special permission (permissions) on subsoil use, and other information and materials available on request the Inter-Agency Committee;

the proposals of the Interdepartmental Commission on the possibility of signing production sharing agreements.

In the case of the filing of the appeal (statement) nadrokoristuvača concerning the conclusion of a multilateral agreement on the distribution of the products is the treatment (application) must be signed by all the applicants and contain information about each of them.

The Cabinet of Ministers of Ukraine considers the appeal of nadrokoristuvača and takes the appropriate decisions in the three-month period from the date of its submission and registration of the working body of the Interdepartmental Committee.

Production sharing agreement should be concluded with nadrokoristuvačem in compliance with the requirements of this Act not later than 12 months from the date of adoption of the decision of the Cabinet of Ministers of Ukraine.

After the conclusion of the production sharing agreement the special permission for the subsoil be reissued according to the provisions of this law and in the manner prescribed by the agreement. In the case of the conclusion of the multilateral agreement on the distribution of the products of the new special permission for subsoil use is issued in the name of all investors participating in the agreement. In the case of the conclusion of the agreement on several areas of the subsurface is issued only one special permission on behalf of all investors participating in the agreement.

During the consideration of the claims Commission and conduct negotiations on the harmonization of the conditions of production sharing agreements nadrokoristuvač does not lose the right to conduct prescribed by special permission of the appropriate section of the bowels;
6) in the eighth article 7 the word "Interdepartmental Commission" to replace the words "the working body of the Interdepartmental Commission";

7) article 8: in part the second: paragraph 9 lay in the following wording: "9) the procedure for coordination of work programmes and budgets of the parties";

paragraph 11, add the words "including the currency, which will be expressed such cost, in a deal involving a foreign investor";

in paragraph 12, the words "and the size of the collection of the geological survey, carried out at the expense of the State budget to exclude;

part of the sixth put in the following wording: "6. the order of rules, principles, accounting for production sharing agreement, including currency accounting, as well as the list of content, form, procedure of preparing and filing of financial reports according to the production sharing agreement are determined by the agreement;

8) article 9: in the eighth paragraph of the word "annual" exclude;

the second sentence of the paragraph, replace the second sentence of the second part of two such content: "to this end, investors are obliged to conclude an agreement on operating activities (operational Treaty) that governs the relationship between the operator and the other investors. Unless otherwise provided in the operating agreement, it is not the contract about joint activity and not governed by the provisions of the legislation which apply to joint ventures and contracts about joint activity ";

Supplement parts of the third and fourth such content: "3. The operator of a production sharing agreement organizes the proper execution of the works provided by this agreement, and shall, among other things, for this purpose: to carry out current operations, an agreement (in person or by bringing contract, subpìdrâdnih or other organizations (persons);

to carry out the distribution of category and lucrative products;

accept and use the property investors needed to fulfill the terms of the agreement;

charge and pay taxes and fees (compulsory payments);

keep separate accounting and tax accounting of transactions carried out under the agreement;

provide all the participants the transaction adequate access to full information on all activities carried out by having an agreement on the distribution of the products, including any confidential information that has commercial value;

make sales (realization) of profitable product category, investors and the public part of the product, if it is provided by the terms of production sharing agreements;

perform other functions in accordance with this law and the terms of the production sharing agreement.

Multilateral agreement on the distribution of products should assign operator agreement rights as to making independent decisions on conducting continuous current activities necessary for the performance of tasks (plans, programs, etc.) stipulated by the agreement on the distribution of products.

4. by agreement of the parties, the terms of a multilateral agreement on the distribution of products can provide for the procedure for changing the scope of rights and obligations of the investors in the production sharing agreement, including the distribution of their shares in the chosen products extracted from individual deposits (subsoil areas) within the framework provided by the use of the subsurface land and/or during the execution of the individual stages or types of work. The order and the reasons for changes in the volume of rights and obligations of the investors in the production sharing agreement have set such agreement and the operating agreement between the investors. The provisions of this article shall also apply if the party of the production sharing agreement is the person identified by the fifteenth paragraph of article 7 of this law, regardless of the specified conditions of competition for the conclusion of such an agreement on the size of the volume of rights and responsibilities (stakes) of such person in a production sharing agreement;

9) in part 1 of article 11 and in article 15, the word "Commission" to replace the words "a working body of the Interdepartmental Commission";

10) first part of article 12 to the following: "1. The Cabinet of Ministers ensures the timely preparation of documents stipulated by the third part of article 4 of this law, in the name of all investors participating in the production sharing agreement, the operator and/or on the basis of the application of the investor (the operator) facilitates the provision of such documents in the name of the respective contract, subpìdrâdnih and other organizations (people) for the execution of works stipulated by the agreement on the distribution of products. The Cabinet of Ministers directly responsible for compliance with the terms of the agreement by the State ";

11) of article 13 of the third sentence, add the following text: "in the case of differences between the versions of agreements in Ukrainian and English or any dispute concerning the interpretation of any provision of the agreement is the version of the agreement in the Ukrainian language will prevail, unless otherwise provided by the terms of the agreement;

12) article 17: first part of supplement paragraphs second and third such content: "special permission for subsoil under production sharing agreements provided by the name of each investor-participant of this agreement on the basis and under the terms of signed the production sharing agreement for the period of validity of such an agreement within the plot of the subsoil and on the conditions stipulated in this agreement.

The action of the special permission of the subsoil under production sharing agreements can be stopped or prematurely terminated (including by cancellation) exclusively by the Cabinet of Ministers of Ukraine in the order and of the grounds stipulated in part 2 of this article;

Add the following contents Part 4: "4. The production sharing agreement may include special stages, the rules and the order of the subsoil and carry out works during the development of deposits of non-conventional hydrocarbons. These special stages, rules and procedure may differ from approved legislation stages, rules and procedure of development of hydrocarbons that do not belong to the unconventional hydrocarbons. In case of any discrepancy the prevailing application are the stages, the rules and the order of the subsoil and carry out works under the production sharing agreement ";

13) in article 19: the first part of the sixth paragraph add the following text: "transfer to another investor (other investors) in the multilateral agreement due him (them) part of the lucrative and/or category of products or their monetary equivalent, if it is provided by the agreement;

the second paragraph of the second supplement such content: "production sharing agreement regarding hydrocarbons can anticipate the continuous distribution of the produced hydrocarbons;

in part five: lay out the second paragraph in the following wording: "refundable subject to only costs investors associated with the implementation of the envisaged agreement works, other activities carried out under the contract and the performance of other obligations of the investor incurred after the official publication of the results of the contest to enter into a production sharing agreement in accordance with article 7, the eleventh part of this Act or decision by the Cabinet of Ministers of Ukraine in accordance with part five article 6 of this law unless otherwise provided by the agreement;

in the third paragraph, the words "related to deductible expenses of production and circulation" replace the words and figures "are taken into account in calculating the object of taxation on the profits of the enterprise according to section III of the tax code of Ukraine";

After the fifth paragraph, add two new paragraphs following contents: "at the conclusion of the production sharing agreement compensation compensation products subject to expenses incurred by investors-the participants of the production sharing agreement, including a non-resident investor or his representative, and accounting for such costs is the operator in the manner and on the terms specified in the agreement;

costs that are reimbursed under the agreement, supported by documented in the manner and on the terms specified in the agreement. "

In this regard, paragraphs sixth and seventh considered in accordance with paragraphs eighth and ninth;

eighth paragraph add the words "and the conditions of its application;

14) article 20 supplemented by a part of the third of the following contents: "3. the production sharing agreement may involve the possibility of sales (realization) of the operator agreement share investors in the chosen products or total volume of produced goods after its distribution, including State share, with the duty of the operator to carry out the transfer of the monetary equivalent fractions of such products to investors and/or State. Procedure and conditions of realization of the products and the transfer of the cash equivalent of such products are defined in the agreement on the distribution of product ";

15) in the first paragraph of article 22 the words "sell in Ukraine, export, replace the words" independently determine the terms of implementation (in particular the right to a free choice of the buyer), sell for free prices in Ukraine and abroad (export);

16) Article 23 supplement part of the third of the following contents: "3. the investor's Right to use the property that was transferred into the ownership of the State, and the terms of use are determined exclusively by production sharing agreement";

17) of the second article 24 Add second sentence the following text: "investor has a right to transfer the information specified in this article, its affiliates, consultants, contractors, subcontractors and other persons for whom the obtaining of such information is necessary for execution of the works stipulated by the agreement on the distribution of products and/or functions in accordance with the agreement on the distribution of products, subject to observance of the requirements of confidentiality;

18:25) in the second part of the article after the word "investor" add the words "(operator);

part of the third after the word "investor" add the words "(operator)," and after the words "production sharing agreements" add the words and figures "with regard to article 27 of this law;

part of the fourth supplement to the words and figures "with regard to article 27 of this law;

19) in part 1 of article 26, the words "in consultation with the body of a local government exclude;
20) second paragraph of the fourth part of article 28 lay in the following wording: "detection of significant violations of the terms of the agreement, stipulated in the agreement, the Cabinet of Ministers of Ukraine has the right to go to court (or another under contract authority dispute resolution) from the requirement for early termination and refund losses with the simultaneous stopping or without stop works stipulated by the agreement on the distribution of product";

21) article 32 to the following wording: "at the request of foreign investors (investors) the State has the right to waive immunity in the production sharing agreement. This disclaimer applies to all court decisions, decisions of international commercial arbitration, the decision in the proceedings on the preliminary injunctive, as well as the decisions of judicial and arbitral bodies;

22) in article 33: first part of lay in the following wording: "1. For the purposes of the production sharing agreement the investor (representing the foreign investor on territory of Ukraine) and/or its contractor, subcontractor, supplier, carrier and other contractors are entitled to open in banks of Ukraine in accordance with the legislation of Ukraine the bank accounts in national and/or foreign currency that will be used exclusively for maintenance activities associated with the production sharing agreement";

part of the second after the words "open the investor" add the words "(delegation of foreign investors on the territory of Ukraine)," and the words "service works stipulated by the agreement on the distribution of products to replace the words" the objectives of production sharing agreements ";

23) article 34: first part of after the words "foreign investor" add the words "(his representative on the territory of Ukraine)," and after the words "abroad" add the words "including";

part of the second, after the words "received by investors," add the words "(representatives of foreign investors on the territory of Ukraine)," and after the words "which is their property," add the words "property of other investors or the State, as well as of other activities provided by production sharing agreement;

Add a part of the third of the following contents: "3. The operation of the investor (offices of foreign investors on the territory of Ukraine), made for the needs of the production sharing agreement (including the related purchase of equipment, materials, equipment and other goods, works and services needed to proceedings of work or other activity under the production sharing agreement, including the disposal of produced goods, due to the investor (and foreign investors on the territory of Ukraine) another investor, or State), not subject to any restrictions provided by legislation: 1) payments for export-import operations, including the terms provided by the law of Ukraine "on the procedure for making payments in foreign currency";

2) receiving and return loans and loans in foreign currency by residents and nonresidents, including requirements regarding the registration of the respective agreements and for the maximum size of the interest rates on them;

3) transfer of funds in foreign currency in favor of other investors for the corresponding production sharing agreement and the State, including the requirements for obtaining an individual license of the National Bank of Ukraine;

4) transfer of funds in foreign currency to non-residents to pay for works, services, rights of intellectual property treaties, including the requirements for conducting price examination for certification of conformity of price conjuncture of the market and the documentary confirmation of actual provision of services, the execution of works or the transfer of intellectual property rights;

5) purchase, sale of foreign currency for settlements with non-residents and return loans and loans in foreign currency;

6) placement of currency values on accounts and in deposits abroad, including the requirements for obtaining an individual license of the National Bank of Ukraine ";

24) of the second article 35 to the following: "2. The State ensures timely issuance of work permits, as well as, if necessary, the official card for all foreign workers, who are hired by the investors (including the operator) in accordance with the production sharing agreement. The following permissions on the employment and business cards are issued in a centralized manner exclusively on the basis of appeals to investors (including the operator) with giving lists of relevant foreign workers formed the investors (including the operator). While the requirements for the submission of any other documents stipulated by law for obtaining work permits or business cards do not apply.

On the basis of appeals of pìdrâdnoï, subpìdrâdnoï, or other organization (s) that performs work on demand of the investor under the production sharing agreement, giving the appeals of letters of support from the investor (including the operator), the State contributes to the timely issuance of work permits and/or business cards for the employment of so many foreign workers, which is necessary for the performance of the relevant work in the framework of the production sharing agreement the pìdrâdnoû , subpìdrâdnoû, or another organization (entity) ".

{Item 5 of section I repealed by law No. 329-VIII from 09.04.2015}

6. in article 7 of the law of Ukraine "on pipeline transport" (Supreme Council of Ukraine, 1996, no. 29, article 139; 2012., no. 29, article 345; amended Law of Ukraine dated April 13, 2012 # 4658-VI) to include part of the second of the following contents: "the objects of the main pipelines built by utility companies or private entities are thus utility companies or private entities the right to property. Investor-member production sharing agreement concluded in accordance with the law of Ukraine "on production sharing agreements" can build pipeline transportation objects and perform their operation if they built and operated (kept) in compliance with the technical requirements and standards.

7. The law of Ukraine "on public-private partnerships" (Supreme Council of Ukraine, 2010., no. 40, 524): 1) the second paragraph of article 4, add the words "except those that are carried out on the terms of production sharing agreements";

2) in article 5, paragraph four of first exclude;

Add the following contents Part 4: "4. The action of this law does not apply to production sharing agreements, the procedure for the conclusion, performance and termination of which is governed by the Law of Ukraine" on production sharing agreements ".

{The Paragraph 8 of section I repealed by law No. 1197-VII from 10.04.2014}

9. the first part of article 4 of the law of Ukraine "about the specifics of procurement in individual areas of activity" supplement paragraph 9 the following contents: 9) of goods, works and services for production sharing agreements concluded in accordance with the law of Ukraine "on production sharing agreements".

10. the first paragraph of subparagraph b of paragraph 15 of section x "transitional provisions" of the land code of Ukraine (the Supreme Council of Ukraine, 2002, no. 3-4, art. 27) add the words "as well as the addition (use) of land for the purpose of providing them to investors-the participants of the production sharing agreements for the implementation of such agreements.

11. Article 1 of the law of Ukraine "on lease of State and communal property" (Supreme Council of Ukraine, 1995, no. 15, article 99 of the following amendments) add to part of the ninth the following contents: "9. The relationship of the use of State property created or acquired by the investor for the execution of the production sharing agreement, after the transition of ownership of such property to the State shall be governed by the law of Ukraine" on production sharing agreements ".

12. Paragraph 4 of article 50 of the customs code of Ukraine to supplement the Sub "d" and "e" of the following contents: ") separated units of foreign legal persons location on the territory of Ukraine, which carry out economic activities in accordance with the legislation of Ukraine;

e) Investor (operator) for a production sharing agreement, including permanent representation of a non-resident investor ".

13. The law of Ukraine "about the collection and accounting of single contributions to the compulsory State social insurance" (Supreme Council of Ukraine, 2011, no. 2-3, article 11, no. 41, 413; 2012., # 12-13, art. 82): 1) in part 1 of article 4 paragraph 1 complement the eighth paragraph of the following contents: "investor (the operator) for a production sharing agreement (including the permanent representation of the non-resident investor) using the work of individuals hired to work in the Ukraine on the terms of an employment agreement (contract) or on other conditions stipulated by the law or by the civil-legal contracts (except civil contract concluded with a natural person-entrepreneur in Ukraine if the executable work (provided services) correspond to the types of activities specified in the extract from the unified State Register of legal entities and natural persons-entrepreneurs);

in the second paragraph of paragraph 2 the words "the second paragraph, replace the words" the text of the second and the eighth ";

2) in article 5: part 1: a new fifth paragraph after paragraph add following text: "in the eighth paragraph of point 1 of article 4 of this law-is based on the submission of a copy of the certificate of State registration of the production sharing agreement no later than the next working day from the day of receiving the corresponding application from them."

In this regard, paragraph six considered paragraph seventh;

seventh paragraph add the words and figures "and the payers of single payment referred to in the paragraph the eighth paragraph 1 of article 4 of this law, according to their statement.

in the third part of the numbers and the word "1, 4 and 5 replace the numbers and the word" 1, 4, 5 and 8;

part of the fourth supplement paragraph fifth the following contents:
"the individuals specified in paragraph the eighth paragraph 1 of article 4 of this law, from the date of registration as payer under the production sharing agreement."

14. the fifth part of article 6 of the law of Ukraine "on accounting and financial reporting in Ukraine" (Supreme Council of Ukraine, 1999, no. 40, 365; 2000, no. 38, item 318) lay in the following wording: "5. the procedure for accounting of financial-economic activity of the production sharing agreement, including currency, as well as the list of forms, content, period, the procedure for preparing and filing of financial reports according to the production sharing agreement determined by the agreement in accordance with the law of Ukraine "on production sharing agreements".

15. Article 6 of the law "on the procedure for making payments in foreign currency" (the Supreme Council of Ukraine, 1994, no. 40, 364; 2000, no. 22, article 172; 2004, no. 19, 270; 2007, no. 44, 510; 2010, no. 10, item 101) after a portion of the fourth supplement the new part of the following content: "the requirements provided for in articles 1 and 2 of this law does not apply to payments for export-import operations of the investor (offices of foreign investors on the territory of Ukraine) production sharing agreement, that are made for the purposes of this agreement (including the related purchase of equipment, materials, equipment and other goods, works and services needed to proceedings of work or other activity under the production sharing agreement, including the disposal of produced goods, due to the investor (and foreign investors on the territory of Ukraine) another investor, or State) ".

In this regard, part of the fifth and sixth to assume in accordance with parts of the sixth and seventh.

16. in the Decree of Cabinet of Ministers of February 19, 1993 № 15-93 "about the system of currency regulation and currency control ' (the Supreme Council of Ukraine, 1993, no. 17, item 184 of the following changes): 1) in paragraph 4 of article 5: item" and "add to the paragraph the eighth such content:" the transfer of the investor (the delegation of foreign investors on the territory of Ukraine) abroad foreign currency to other investors for the corresponding production sharing agreement;

item "d" to supplement paragraph the fifth such content: "the opening of accounts in foreign currency investors-the participants of the production sharing agreements, including representatives of foreign investors for production sharing agreements";

2) supplement article 10-1 of the following contents: "article 10-1. Peculiarities of conducting foreign exchange operations with regard to production sharing agreements 1. On the operation of the investor (offices of foreign investors on the territory of Ukraine) production sharing agreement made in connection with this agreement, do not apply: a) the requirements for obtaining an individual license for loans in foreign currency provided for by clause "in the" item 4 of article 5 of this Decree;

b) requirements for obtaining an individual license to use foreign currency on the territory of Ukraine as a means of payment within the settlement between investors (representatives of foreign investors on the territory of Ukraine) for the relevant production sharing agreement or State under subitem "g" paragraph 4 of article 5 of this Decree;

in) requirements and restrictions with respect to the receipt and return of residents receiving loans and loans in foreign currency from non-residents, including those provided for by the Decree of President of Ukraine "about settling the order of reception of residents receiving loans and loans in foreign currency from non-residents and penalties for violations of the currency legislation" from June 27, 1999 No. 734/99.

2. The operation of representative offices of foreign investors for production sharing agreement concerning remuneration to employees-non-residents, in accordance with applicable labor agreements (contracts) in Ukraine (transfer to the bank accounts of these entities in Ukraine or abroad), not subject to any requirements for obtaining individual licenses.

17. in subparagraph 4 of paragraph b of article 33 of law of Ukraine "about local government in Ukraine" (Supreme Council of Ukraine, 1997, no. 24, item 170) the word "issues", replace the word "petitions".

II. Final provisions 1. This Act shall take effect from the day following the day of its publication.

2. the Cabinet of Ministers of Ukraine in the month from the date of enactment of this Act: to bring their regulations into conformity with this Act;

ensure the review and cancellation of ministries and other central bodies of executive power of their normative legal acts that contradict this law.

President of Ukraine Viktor Yanukovych Kiev October 2, 2012 # 5406-VI