The following issues are scheduled for discussion at the Government Presidium meeting on July 1, 2010:
1. Draft Federal Law Technical Regulations On the Safety of Long-Distance Pipelines for Liquid and Gas Hydrocarbons
The draft has been submitted by the Ministry of Energy of Russia. The Draft Law sets down:
- Requirements for long-distance pipelines at all the phases of its service life as a single production-technological complex comprising the buildings, structures and equipment intended for the transportation, storage and transfer of liquid and gaseous hydro-carbons to other forms of transport
- Rules of identification for long-distance pipelines
- Rules and processes for assessing the conformity of long-distance pipelines to the requirements of the law.
The Draft Law envisages the establishment of the property lines of the land condemned for long-distance pipeline facilities to ensure the safety of long-distance pipelines and the procedure for establishing the minimum distances from the long-distance pipeline to buildings and structures to make these objects explosion- and fire-proof.
The implementation of the Draft Law will:
- Enhance the safety of long-distance pipelines for the life and health of the public, the environment and the property of physical and legal persons;
- Create conditions for the development of the Russian pipeline system standards that will meet international standards.
2. Draft Federal Law On the National Fuel and Energy Information System
The draft has been submitted by the Ministry of Energy of Russia.
Under the draft, legal and organizational principles are to be developed for the provision of information for the formation and use of State Information Resources of the Fuel and Energy Complex, as well as the creation and manner of operation of the State Information System of the Fuel and Energy Complex.
The Law is to come into effect January 1, 2011.
The need to adopt the Draft Law stems from the fact that under the Federal Law On Information, Information Technologies and Information Protection, the cases and conditions when disclosure of information is mandatory and the lists of information disclosed on a mandatory basis, or the procedure of determining such lists may only be established by federal law.
At present the legal framework regulating a comprehensive approach to providing state bodies with information on the activities of fuel and energy organizations is lacking.
The current situation in this respect is marked by:
- Lack of fully authentic sources of information and an insufficient amount of statistical reporting to enable the state to perform its functions in the fuel and energy complex and in related industries;
- Predominant use of paperwork and insufficient use of modern information technologies;
- Gaps and contradictions in the regulatory framework, lack of a systemic and uniform approach to the legal regulation of the formation and use of state information resources of the fuel and energy complex.
The lack of timely information on the state of the fuel and energy complex also hinders the performance of the functions of a system operator in accordance with the Federal Law On Electrical Energy, notably the function of ensuring compliance with the parameters of reliable functioning of the Unified Energy System of Russia and the quality of power distribution. The lack of a structured system of collecting and processing information also has a negative impact on effective monitoring of the creation of fuel storage in preparation for the autumn and winter period.
The implementation of the Draft Law will have a positive impact on the level of information exchange between government bodies, which in turn will expedite the making of decisions on matters connected with the fuel and energy complex.
3. Draft Federal Law On Suspending Clause 3, Article 14 of the Federal Law On Cultural Heritage Objects (Historical and Cultural Monuments) of the Peoples of the Russian Federation
The draft has been submitted by the Ministry of Culture.
In accordance with Clause 6, Article 192 of the Budget Code of the Russian Federation, the Draft Law suspends until January 1, 2012 Clause 3, Article 14 of the Federal Law On Cultural Heritage Objects (Historical and Cultural Monuments) of the Peoples of the Russian Federation with respect to the payment to physical and legal persons who own objects of cultural heritage of national status or use the same under a free use contract, of compensation for the costs they have incurred to preserve said objects.
4. Draft Federal Law On Introducing Amendments to Article 121 of the Law of the Russian Federation on the Institutions and Agencies that Administer Custodial Criminal Punishment
The draft has been developed and submitted by the Ministry of Internal Affairs
The Draft Law is aimed at coordinating current legislation as well as enhancing the effectiveness of the mechanism of transportation of convicts and persons in custody by rail (special transportation).
The adoption of the Draft Law would annul a legal norm that is not applied and optimize the mechanism of transportation by defining more precisely the relationship arising between the agents in this process.
5. Draft Federal Law On Introducing Amendments to the Code of the Russian Federation on Administrative Offenses
The Draft Law has been submitted by the Federal Anti-Monopoly Service of Russia.
The Draft Law adds to the Code of the Russian Federation on Administrative Offences articles 14.39-14.41, adds to Article 19.5 Part 2 which establish administrative punishment for breaches of the law regulating trade activities and introduce amendments to Article 23.48 of the Code defining the authority of the officials of the anti-monopoly body to draw up protocols on administrative offences in the course of trade activities.
6. Draft Federal Law On Ratification of the Agreement on the Requirements for the Exchange of Information Between Customs and other Government Bodies of the Customs Union Member States
The draft resolution of the Government of the Russian Federation on submitting for ratification the Agreement on the Requirements to the Exchange of Information Between Customs and other Government Bodies of the Customs Union Member States has been submitted by the Foreign Ministry and the Federal Customs Service of Russia.
The Agreement on Requirements to the Exchange of Information Between Customs and other Government Bodies of the Customs Union Member States was signed at the May 21, 2010 session of the Inter-State Council of the Eurasian Economic Community at the level of heads of government held in St Petersburg.
The signing of the Agreement was required in order to form a legal framework for the Customs Union, create the regulatory base for the organisation of exchange of information between the customs agencies of the member states of the Customs Union and between the customs agencies of one member state of the Customs Union and other government bodies of another member state of the Customs Union.
The Agreement is subject to ratification in accordance with sub-clause "a", Clause 1, Article 15 of the Federal Law On the International Treaties of the Russian Federation.
7. Draft Federal Law On Ratification of the Agreement on the Provision and Exchange of Advance Information on the Goods and Means of Transport, Moved Across the Customs Border of the Customs Union
The draft resolution of the Government of the Russian Federation on submitting for ratification the Agreement on the Provision and Exchange of Advance Information on the Goods and Means of Transport, Moved Across the Customs Border of the Customs Union has been submitted by the Foreign Ministry and the Federal Customs Service of Russia.
The Agreement on the Provision and Exchange of Advance Information on the Goods and Means of Transport, Moved Across the Customs Border of the Customs Union was signed on May 21, 2010 at the meeting of the Inter-State Council of the Eurasian Economic Community at the level of heads of government held in St. Petersburg.
The signing of the Agreement meets the need to form a legal treaty basis of the Customs Union within EurAsEC.
The aim of the Agreement is to minimize the risks of violation of customs legislation of the Customs Union and the laws of the Customs Union member states, as well as to improve and expedite customs operations and make customs control more effective.
Under the Agreement, interested persons may provide the customs bodies of the Customs Union member states with advance electronic information on the goods to be moved across the customs border, the transport means carrying such goods, the time and place of arrival of the goods at or departure from the customs territory of the Customs Union and the passengers arriving at or leaving the customs territory of the Customs Union as well as envisaging exchange of such information between customs agencies.
The Agreement is subject to ratification in accordance with Sub-clause "a", Clause 1, Article 15 of the Federal Law On the International Treaties of the Russian Federation.
8. Draft Federal Law On Ratification of the Agreement on Specific Features of Customs Transit of Goods Moved by Rail Transport on the Customs Territory of the Customs Union
The draft resolution of the Government of the Russian Federation On Ratification of the Agreement on Specific Features of Customs Transit of Goods Moved by Rail Transport on the Customs Territory of the Customs Union signed in St Petersburg on May 21, 2010, has been submitted by the Customs Service of Russia jointly with the Foreign Ministry of Russia.
The draft resolution proposes to approve and submit for ratification to the State Duma of the Federal Assembly of the Russian Federation the
Agreement on Specific Features of Customs Transit of Goods Moved by Rail Transport on the Customs Territory of the Customs Union.
The Agreement on Specific Features of Customs Transit of Goods Moved by Rail Transport on the Customs Territory of the Customs Union was signed on May 21, 2010 as part of the meeting of the Inter-State Council of the Eurasian Economic Community (the supreme body of the Customs Union) at the level of heads of government held in St Petersburg.
The signing of the Agreement was prompted by the need to form a legal framework of the Customs Union within EurAsEC.
The Agreement has been developed to address the specific features of the transit of goods by rail across the customs territory of the Customs Union.
The provisions of the Agreement are absent in the laws of the Russian Federation. The Customs Code of the Russian Federation does not contain provisions regarding the confirmation of the authorization of the Customs Union railway to declare the customs regime of customs transit (paragraph 6, Article 3 of the Agreement).
Under Article 5 of the said Agreement, the time of customs transit is established by the initiating customs body in accordance with the customs laws of the Customs Union with due account of the provisions of the November 1, 1951 Agreement on International Goods Transport by Rail. In addition, the time of internal transit of goods by rail is specified in line with Russian law in Article 82 of the Customs Code of the Russian Federation.
The Agreement is subject to ratification in accordance with Sub-clause "a", Clause 1, Article 15 of the Federal Law On the International Treaties of the Russian Federation.
9. Submitting to the President of the Russian Federation for Subsequent Ratification the Agreement on the Grounds, Terms and Procedure of Changing the Time Frame of Customs Duty PaymentThe Draft Resolution of the Government of the Russian Federation
On Ratification of the Agreement on the Grounds, Terms and Procedure of Changing the Time Frame of Customs Duty Payment, signed in St Petersburg on May 21, 2010, has been submitted by the Federal Customs Service jointly with the Foreign Ministry.
The Draft Resolution would approve and submit for ratification to the State Duma of the Federal Assembly of the Russian Federation the Agreement on the Grounds, Terms and Procedure of Changing the Time Frame of Customs Duty Payment.
The Agreement has been developed in accordance with the list of activities to implement the Action Plan for creating the legal framework of the Customs Union within the Eurasian Economic Community.
The Agreement stipulates the grounds, terms and procedure of changing the payment of customs duties in the form of a deferment or an installment plan, with one-time or phased payment, respectively.
The Agreement identifies the customs bodies authorized to grant a deferment or an installment plan for customs duties, the date the decision is taken and the data it contains.
The Agreement establishes the time frame for which deferments or installment plans for the payment of customs duties are granted, as well as the procedure of calculating and paying interest on the sum of the customs duty for which the payment date has been changed.
The Agreement is subject to ratification in accordance with Sub-clause "a" and "e", Clause 1 and Clause 2, Article 15 of the Federal Law of July 15, 1995 #101-FZ On the International Treaties of the Russian Federation.
10. Draft Federal Law On Ratification of the Agreement on the Single Customs Register of Intellectual Property of the Customs Union Member States
The Draft Federal Law On Ratification of the Agreement on the Single Customs Register of Intellectual Property of the Customs Union Member States has been submitted by the Foreign Ministry and the Federal Customs Service of Russia.
The Agreement on the Single Customs Register of Intellectual Property of the Customs Union Member States was signed on May 21, 2010 at the meeting of the Inter-State Council of Eurasian Economic Community (the supreme body of the Customs Union) at the level of heads of government held in St Petersburg.
The Agreement sets forth the procedure for keeping a Single Customs Register of Intellectual Property of the Member states of the Customs Union, of the interaction between the customs bodies of the member states of the Customs Union among themselves as well as with the holders of rights or other persons representing their interests, the government bodies and other organisations, institutions and individuals on issues connected with the keeping of the said Single Customs Register.
The Agreement is subject to ratification in accordance with Sub-clause "a", Clause 1 and Clause 2, Article 15 of the Federal Law On the International Treaties of the Russian Federation.
The adoption of the Draft Law On Ratification of the Agreement on the Single Customs Register of Intellectual Property of the Customs Union Member States will contribute to deeper integration of the member states of the Customs Union within the Eurasian Economic Community.
The adoption of the federal law on ratification of the Agreement will create the legal framework for the keeping of the Single Customs Register of Intellectual Property of the Member states of the Customs Union and for the corresponding customs regulation on the Common Customs Territory of the Customs Union in this sphere.
11. Draft Federal Law On Ratification of the Agreement on Certain Aspects of Providing Collateral for the Payment of Customs Duties, Taxes with Respect to Goods Moved in Accordance with the Customs Procedure of Customs Transit, the Collection of Customs Duties and Taxes and the Procedure of Transferring the Sums Charged on Such Goods
The Draft Resolution of the Government of the Russian Federation On Ratification of the Agreement on Certain Aspects of Providing Collateral for the Payment of Customs Duties, Taxes with Respect to Goods Moved in Accordance with the Customs Procedure of Customs Transit, the Collection of Customs Duties and Taxes and the Procedure of Transferring the Sums Charged on Such Goods signed in St Petersburg on May 21, 2010 has been submitted by the Federal Customs Service jointly with the Foreign Ministry of Russia.
The Draft Resolution recommends approving and submitting for ratification to the State Duma of the Federal Assembly of the Russian Federation the Agreement on Certain Aspects of Providing Collateral for the Payment of Customs Duties, Taxes with Respect to Goods Moved in Accordance with the Customs Procedure of Customs Transit, the Collection of Customs Duties and Taxes and the Procedure of Transferring the Sums Charged on Such Goods.
The Agreement has been developed in accordance with the list of activities to implement the Action Plan to Create the Legal Framework of the Customs Union within the Eurasian Economic Community.
The Agreement determines the form, the procedure of filling out and submitting the documents confirming the acceptance of collateral for the payment of customs duties and taxes in the transportation of goods in accordance with the customs procedure of customs transit through the customs territory of the Customs Union, the procedure of establishing (confirming) the place where the goods under customs transit procedure are located, the features of collecting the customs duties and taxes and the procedure of transfer of the sums charged on these goods between the budgets of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation.
The Draft Resolution has been developed to ensure favourable conditions for trade between the Customs Union and third countries and to promote economic integration of the member states of the Customs Union within the Eurasian Economic Community.
The Agreement is subject to ratification under Sub-clause "a", Clause 1, Article 15 of the Federal law of July 15, 1995 #101-FZ On International Treaties of the Russian Federation.
12. Submitting to the President of the Russian Federation a Proposal to Sign the Statute of the Eurasian Economic Community Court
The Draft Resolution of the Government of the Russian Federation On Submitting to the President of the Russian Federation a Proposal to Sign the Statute of the Eurasian Economic Community Court has been submitted by the Foreign Ministry of Russia and recommends approving the draft Statute of the EurAsEC Court and proposes that the President of the Russian Federation sign it.
During the course of the formation of the Customs Union of Belarus, Kazakhstan and Russia it has become necessary to vest the EurAsEC Court with the function of resolving disputes within the Customs Union. Accordingly, a new draft Statute of the EurAsEC Court has been prepared which includes the consideration of cases within the Customs Union within the competence of the EurAsEC Court.
The implementation of the EurAsEC Court Statute will not entail additional federal budget spending and will ensure legal protection of the rights and interests of the business entities in the Customs Union member states.
13. Submitting to the President of the Russian Federation a proposal to sign the Protocol on Certain Temporary Exemptions from the Process of the Single Customs Territory of the Customs Union
The draft Protocol on Certain Temporary Exemptions from the Process of the Functioning of the Single Customs Territory of the Customs Union has been developed to ensure the implementation of the Customs Union Customs Code which is an inalienable part of the Treaty on the Customs Union Customs Code of November 27, 2009.
The Draft Protocol sets down the conditions of the movement between the territories of the Customs Union member states of certain categories of goods with regard to which a uniform process of trade with third countries was not yet in place as of July 1, 2010 and allows the use of certain forms of customs control in order to comply with such terms.
The draft Protocol takes into account the agreement reached on May 21, 2010 at the meeting of the Inter-State Council of the Eurasian Economic Community (the supreme body of the Customs Union) at the level of heads of government whereby until July 1, 2011 the Republic of Belarus and the Republic of Kazakhstan may use lower duties and taxes on the import of cars by physical persons, keep the protective anti-dumping and compensation measures used by the member states of the Customs Union as well as some differences in the parameters of the trade process with third countries, with the unification of the above regulatory measures to be completed before the ratification of the international treaties that form the legal basis of the Common Economic Space. There is an additional requirement of a mark-up on the import customs duties on goods for which the Republic of Kazakhstan is using lower rates during the transition period. The member states of the Customs Union are allowed to use certain forms of customs control in order to meet the requirements for the import of the said goods into the territories of their states.
After its signing the Protocol is subject to ratification in accordance with Sub-clause "e", Clause 1, Article 15 of the Federal Law On the International Treaties of the Russian Federation
14. Signing the Agreement Between the Government of the Russian Federation and the Government of the United Arab Emirates on Encouragement and Mutual Protection of Capital Investment and the Protocol TheretoThe Draft Executive Order of the Government of the Russian Federation On Signing the Agreement Between the Government of the Russian Federation and the Government of the United Arab Emirates on Encouragement and Mutual Protection of Capital Investment and the Protocol Thereto has been submitted by the Ministry of Economic Development.
The signing and subsequent coming into force of the above Agreement will ensure for Russian and Emirates investors long-term stability and a predictable legal environment, will give a boost to investment and trade and economic cooperation between the Russian Federation and the United Arab Emirates.
Under the draft, investors are to be granted most favoured status, with investments allowed into the territory of the signatory state in accordance with that state's legislation and the investors of the other contracting party offered a regime no less favourable than that offered to national or third-country investors. Each party retains the right to apply or introduce in accordance with its own laws exemptions from the national regime for foreign capital investment.
The draft guarantees protection of capital investment from seizure in the form of nationalization, expropriation or other measures which have similar consequences, except when such measures are taken in the public interests under a procedure envisaged by the laws of the contracting parties. The mechanisms of protecting capital investment from seizure and compensation of damage are specified. Measures of court protection are envisaged for investors' rights, the procedure of resolving investment disputes, including through international arbitration. Free transfer of income and other payment related to capital investment is guaranteed.
Due to existing mutual investments, the provisions of the draft Agreement apply retroactively to investments made since January 1, 1987.
15. Signing the Agreement Between the Government of the Russian Federation and the Government of the Republic of Singapore on Encouragement and Mutual Protection of Capital Investment
The Draft Executive Order of the Government of the Russian Federation on Signing the Agreement Between the Government of the Russian Federation and the Government of the Republic of Singapore on Encouragement and Mutual Protection of Capital Investment has been submitted by the Ministry of Economic Development of Russia.
The Draft Executive Order will approve the draft Agreement and instruct the Ministry of Economic Development of Russia to sign it on behalf of the Government of the Russian Federation.
The signing and subsequent coming into force of the Agreement will ensure for Russian and Singaporean investors long-term stability and a predictable legal environment, and will contribute to more active investment and trade-economic cooperation between the Russian Federation and the Republic of Singapore.
Under the draft, investors are to be granted most favoured status, with investment allowed into the territory of the signatory state in accordance with that state's legislation and the investors of the other contracting party offered a regime no less favourable than that offered to national or third-country investors. Each party retains the right to apply or introduce in accordance with its own laws exemptions from the national regime for foreign capital investment.
The draft guarantees protection of capital investment from seizure in the form of nationalization, expropriation or other measures which have similar consequences, except when such measures are taken in the public interests under a procedure envisaged by the laws of the contracting parties. The mechanisms of protecting capital investments from seizure and compensation of damage are specified. Measures of court protection are envisaged for investors' rights, the procedure of resolving investment disputes, including through international arbitration. Free transfer of income and other payment related to capital investment is guaranteed.
Because of the exceptional importance of land as an object of investment, at the request of the Singaporean party, a provision has been added to the draft Agreement (Clause 3, Article 5) specifying the procedure of expropriation of land. The inclusion of that provision has been prompted by unique land sale laws in Singapore which had been adopted due to the overall shortage of land in that state. The laws of Singapore stipulate the procedure of the seizure of land from private owners for public purposes and the terms of the payment of compensation for damage caused to private individuals by such expropriation. The provision of the draft Agreement pertaining to expropriation of land takes into account the interests of Russian investors. After its signing the Agreement is subject to ratification in accordance with Article 15 of the Federal Law On the International Treaties of the Russian Federation.
16. Draft Federal Law On Adopting Amendments to the Articles of the Agreement of the International Monetary Fund approved by the Resolutions of the Board of Governors of the International Monetary Fund of April 28, 2008 #63-2 and of May 5, 2008, #63-3
The Draft Federal Law On Adopting Amendments to the Articles of the Agreement of the International Monetary Fund approved by the Resolutions of the Board of Governors of the International Monetary Fund of April 28, 2008 #63-2 and of May 5, 2008, #63-3 has been submitted by the Finance Ministry of Russia.
The Draft Law envisages the adoption of amendments to the articles of the Agreement of the International Monetary Fund approved by the Resolutions of the Board of Governors of the International Monetary Fund of April 28, 2008 #63-2 and of May 5, 2008, #63-3 aimed at redistributing the quotas and votes among IMF members, including the increase of the base votes, authorizing executive directors to appoint a second deputy, expanding the IMF's investment authority and creating a new mechanism for managing the proceeds from the sale of IMF gold reserves.
The adoption of amendments to the Articles of the IMF Agreement approved by resolutions of the IMF Board of Governors would usher in the next stage in reforming the quotas and votes in accordance with the G20 Pittsburg Accords and simultaneously, though on a limited scale, increase the representation at the IMF of developing countries and emerging markets and ensure the transition of the IMF to a more stable and balanced model of financing its expenditure.
17. Distribution of subsidies to the constituent entities of the Russian Federation in support of measures to ensure balanced budgets of the constituent entities of the Russian Federation
The draft executive order of the Government of the Russian Federation On the Distribution of Subsidies to the Constituent Entities of the Russian Federation in Support of Measures to Ensure Balanced Budgets of the Constituent Entities of the Russian Federation has been submitted by the Finance Ministry of Russia.
The Draft Executive Order approves subsidies to the budgets of the Kirov and Samara regions to balance their budgets in the total amount of 1.67 billion roubles:
1. The Kirov Region will be granted a subsidy of 635.5 million roubles to compensate the Kirov Region's budget for the cost of a subsidy to the Vyatsko-Polyansky Molot Engineering Plant to pay wage arrears due and payable as of May 1, 2010 (290 million roubles), to pay wages and due sums for the tax on the income of natural persons for May, June and July of 2010 (110 million roubles) and to defray the arrears on taxes, levies and mandatory payments to the regional and local budgets not subject to rescheduling under standard procedure in connection with the transfer of the plant's engineering and utilities infrastructure into the ownership of the city of Vyatskiye Polyany without the obligation to pay taxes (235.5 million roubles).
2. The Samara Region will be granted a subsidy of 1.04 billion roubles to support the cost of maintaining the social benefits infrastructure of AvtoVAZ transferred into the municipal ownership of the city of Togliatti.
Financial support for the Kirov and Samara regions through subsidies to balance the budgets will help to stabilize social and economic conditions in the regions and create conditions for implementing comprehensive investment plans aimed at modernizing the mono-cities of Vyatskiye Polyany and Togliatti.
18. Allocating to the Government of the Republic of Karachayevo-Circassia sums from the Reserve Fund of the Russian Federation for the Prevention and Management of Emergencies and the Consequences of Natural Disasters to cover part of the clean-up costs in the aftermath of the torrential rains on July 21-22, 2009
As a result of torrential rains on the territory of the Karachayevo-Circassian Republic on July 21-22, 2009 housing and utilities in the Adige-Khabal and Ust-Dzhegutinsky Districts of the Karachayevo-Circassian Republic have sustained damage.
The Government of the Karachayevo-Circassian Republic puts the total material damage due to said emergency at around 95 million roubles. The Republic's budget has spent 300,000 roubles to deal with the emergency.
Under the Draft Executive Order, 35,539,600 roubles will be allocated to the Government of the Karachayevo-Circassian Republic from the Russian Government's Reserve Fund for Preventing and Managing Emergency Situations and the Consequences of Natural Disasters to cover part of the cost of relief work in the wake of the torrential rains on July 21-22, 2009.
Moscow
June 30, 2010
*Press releases by the Department of Press Service and Information contain materials submitted by the executive federal bodies for discussion by the Presidium of the Government of the Russian Federation.