A draft decree on restricting purchases of foreign radio electronics has been published.
As expected , the Ministry of Industry and Trade has developed a draft government decree that restricts purchases of foreign computer equipment for state and municipal needs. The text is published on the federal portal of draft regulatory legal acts.
The Ministry of Industry and Trade proposes to limit the purchase of "certain types of radio-electronic products originating from foreign countries": these are communications equipment, laptops, tablets, smartphones, computers, storage devices, diodes, integrated circuits, electronic books, cash registers, television cameras, telephone sets, antennas , lamps, illuminated signs, chandeliers, illuminated panels, display panels, headlights, lamps, turn indicators, etc. See the full list under the cat.
The list of certain types of radio-electronic products originating from foreign countries, in respect of which restrictions are established for admission for the purposes of procurement to meet state and municipal needs
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By analogy with the software import substitution program, the same principle applies here: state-owned enterprises will not be allowed to buy foreign goods if they have a Russian counterpart. But there is an interesting feature. According to the project, if the government customer was offered two or more products from different Russian manufacturers at the competition, then he is obliged to reject all offers from foreign vendors .
In the future, officials will develop criteria for Russian origin for each type of equipment. For example, there is already a register of communication equipment indicating the status of each product, a ministry spokesman said in a commentary to the Vedomosti newspaper.
Now Western corporations will have to think about localizing production.
Representatives of the domestic industry endorse the initiative. They explain that at the expense of price, it is very difficult to compete with foreign corporations, so it is very difficult for them to sell their goods without state assistance.
The Ministry of Industry and Trade proposes to limit the purchase of "certain types of radio-electronic products originating from foreign countries": these are communications equipment, laptops, tablets, smartphones, computers, storage devices, diodes, integrated circuits, electronic books, cash registers, television cameras, telephone sets, antennas , lamps, illuminated signs, chandeliers, illuminated panels, display panels, headlights, lamps, turn indicators, etc. See the full list under the cat.
The list of certain types of radio-electronic products originating from foreign countries, in respect of which restrictions are established for admission for the purposes of procurement to meet state and municipal needs
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The text of the draft resolution
On restrictions and conditions for the admission of certain types of radio-electronic products originating from foreign countries for the purpose of procurement for meeting state and municipal needs
In accordance with Article 14 of the Federal Law of April 05, 2013 No. 44- “On the contract system in the field of procurement of goods, works,
Services for state and municipal needs ”
Government of the Russian Federation The Government of the Russian Federation decides :
1. To approve the attached List of certain types of radio-electronic products originating from foreign countries in respect of which restrictions are established for access for the purposes of procurement for state and municipal needs (hereinafter - the list).
2. To establish that for the purposes of procuring certain types of electronic products included in the list, the customer rejects all applications (final proposals) containing proposals for the supply of certain types of electronic products included in the list and originating from foreign states (except for the member states Of the Eurasian Economic Union), provided that at least 2 satisfying the requirements of the procurement notice and (or) the document were submitted to participate in the definition of the supplier ation of the purchase orders (final proposals), which at the same time:
contain proposals for the supply of certain types of radio-electronic products included in the list produced in the territory of the Russian Federation, as well as of the member states of the Eurasian Economic Union;
do not contain proposals for the supply of the same type of radio electronic products of one manufacturer or manufacturers belonging to the same group of persons corresponding to the characteristics provided for by Article 9 of the Federal Law “On Protection of Competition” when comparing these applications (final offers).
3. In the event that the application (final proposal), which contains a proposal for the supply of certain types of radio-electronic products included in the list and originating from foreign countries (except for the member states of the Eurasian Economic Union), is not rejected in accordance with the restrictions established by this resolution, the conditions of admission for the purpose of procuring goods originating from a foreign state or a group of foreign states, established by the Ministry of nomical development of the Russian Federation.
4. To establish that, for the purpose of restricting the admission of certain types of electronic products originating from foreign countries, the types of electronic products included in the list and not included in it cannot be the subject of one contract (one lot).
5. To establish that certain types of radio-electronic products included in the list are recognized as products manufactured in the territory of the Russian Federation in the following cases:
a) creating or modernizing and (or) mastering the production of such products under a special investment contract concluded by the Russian Federation or the Russian Federation and a subject of the Russian Federation. At the same time, for the purposes of this resolution, such products are equal to products produced in the Russian Federation for a period of not more than 5 years from the date of the conclusion of a special investment contract and not more than 3 years from the date of the start of production by the party - the investor of a special investment contract;
b) compliance with the requirements for industrial products imposed in order to classify them as products produced in the Russian Federation, according to the annex to the Resolution of the Government of the Russian Federation dated July 17, 2015 No. 719 “On the criteria for classifying industrial products as industrial products that have no analogues, produced in the Russian Federation "(in the absence of a special investment contract);
c) compliance with the parameters in accordance with the values ​​of which the telecommunications equipment produced in the Russian Federation can be given the status of telecommunication equipment of Russian origin, approved by a joint order of the Ministry of Industry and Trade of the Russian Federation and the Ministry of Economic Development of Russia dated August 17, 2011 No. 1032/397 (in the absence of special investment contract);
d) confirmation of the Russian Federation as the country of origin of products in accordance with the Agreement on the definition of the country of origin of goods in the Commonwealth of Independent States dated November 20, 2009 (in the absence of a special investment contract, the absence of requirements for such products in the annex to the decree of the Government of the Russian Federation Of July 17, 2015 No. 719 “On the criteria for the classification of industrial products to industrial products that have no analogues produced in the Russian Federation”).
6. When executing the contract, at the conclusion of which the bids (final proposals) were rejected in accordance with the restrictions established by this resolution, which contain proposals for the supply of certain types of electronic products included in the list and originating from foreign states (except for the member states of the Eurasian Economic Community) Union), the replacement of certain types of electronic products for certain types of electronic products that are not produced on the territory of the Russian Federation radio, as well as the state - members of the Eurasian Economic Union, and the replacement of the manufacturer of certain types of electronic products is not allowed.
7. The restrictions on the admission of certain types of electronic products included in the list established by this resolution do not apply in the following cases:
placement of notices on the implementation of procurement of certain types of electronic products included in the list in a unified information system in the field of procurement and (or) sending invitations to participate in determining the supplier in a closed way, carried out prior to the entry into force of this decree;
procurement of certain types of radio-electronic products included in the list by customers specified in Part 1 of Article 75 of the Federal Law of April 5, 2013 No. 44- “On the contractual system in the field of procurement of goods, works, services for state and municipal needs”, on the territory of a foreign state to ensure its activities in this territory.
Prime Minister
Russian Federation
D. Medvedev
In accordance with Article 14 of the Federal Law of April 05, 2013 No. 44- “On the contract system in the field of procurement of goods, works,
Services for state and municipal needs ”
Government of the Russian Federation The Government of the Russian Federation decides :
1. To approve the attached List of certain types of radio-electronic products originating from foreign countries in respect of which restrictions are established for access for the purposes of procurement for state and municipal needs (hereinafter - the list).
2. To establish that for the purposes of procuring certain types of electronic products included in the list, the customer rejects all applications (final proposals) containing proposals for the supply of certain types of electronic products included in the list and originating from foreign states (except for the member states Of the Eurasian Economic Union), provided that at least 2 satisfying the requirements of the procurement notice and (or) the document were submitted to participate in the definition of the supplier ation of the purchase orders (final proposals), which at the same time:
contain proposals for the supply of certain types of radio-electronic products included in the list produced in the territory of the Russian Federation, as well as of the member states of the Eurasian Economic Union;
do not contain proposals for the supply of the same type of radio electronic products of one manufacturer or manufacturers belonging to the same group of persons corresponding to the characteristics provided for by Article 9 of the Federal Law “On Protection of Competition” when comparing these applications (final offers).
3. In the event that the application (final proposal), which contains a proposal for the supply of certain types of radio-electronic products included in the list and originating from foreign countries (except for the member states of the Eurasian Economic Union), is not rejected in accordance with the restrictions established by this resolution, the conditions of admission for the purpose of procuring goods originating from a foreign state or a group of foreign states, established by the Ministry of nomical development of the Russian Federation.
4. To establish that, for the purpose of restricting the admission of certain types of electronic products originating from foreign countries, the types of electronic products included in the list and not included in it cannot be the subject of one contract (one lot).
5. To establish that certain types of radio-electronic products included in the list are recognized as products manufactured in the territory of the Russian Federation in the following cases:
a) creating or modernizing and (or) mastering the production of such products under a special investment contract concluded by the Russian Federation or the Russian Federation and a subject of the Russian Federation. At the same time, for the purposes of this resolution, such products are equal to products produced in the Russian Federation for a period of not more than 5 years from the date of the conclusion of a special investment contract and not more than 3 years from the date of the start of production by the party - the investor of a special investment contract;
b) compliance with the requirements for industrial products imposed in order to classify them as products produced in the Russian Federation, according to the annex to the Resolution of the Government of the Russian Federation dated July 17, 2015 No. 719 “On the criteria for classifying industrial products as industrial products that have no analogues, produced in the Russian Federation "(in the absence of a special investment contract);
c) compliance with the parameters in accordance with the values ​​of which the telecommunications equipment produced in the Russian Federation can be given the status of telecommunication equipment of Russian origin, approved by a joint order of the Ministry of Industry and Trade of the Russian Federation and the Ministry of Economic Development of Russia dated August 17, 2011 No. 1032/397 (in the absence of special investment contract);
d) confirmation of the Russian Federation as the country of origin of products in accordance with the Agreement on the definition of the country of origin of goods in the Commonwealth of Independent States dated November 20, 2009 (in the absence of a special investment contract, the absence of requirements for such products in the annex to the decree of the Government of the Russian Federation Of July 17, 2015 No. 719 “On the criteria for the classification of industrial products to industrial products that have no analogues produced in the Russian Federation”).
6. When executing the contract, at the conclusion of which the bids (final proposals) were rejected in accordance with the restrictions established by this resolution, which contain proposals for the supply of certain types of electronic products included in the list and originating from foreign states (except for the member states of the Eurasian Economic Community) Union), the replacement of certain types of electronic products for certain types of electronic products that are not produced on the territory of the Russian Federation radio, as well as the state - members of the Eurasian Economic Union, and the replacement of the manufacturer of certain types of electronic products is not allowed.
7. The restrictions on the admission of certain types of electronic products included in the list established by this resolution do not apply in the following cases:
placement of notices on the implementation of procurement of certain types of electronic products included in the list in a unified information system in the field of procurement and (or) sending invitations to participate in determining the supplier in a closed way, carried out prior to the entry into force of this decree;
procurement of certain types of radio-electronic products included in the list by customers specified in Part 1 of Article 75 of the Federal Law of April 5, 2013 No. 44- “On the contractual system in the field of procurement of goods, works, services for state and municipal needs”, on the territory of a foreign state to ensure its activities in this territory.
Prime Minister
Russian Federation
D. Medvedev
By analogy with the software import substitution program, the same principle applies here: state-owned enterprises will not be allowed to buy foreign goods if they have a Russian counterpart. But there is an interesting feature. According to the project, if the government customer was offered two or more products from different Russian manufacturers at the competition, then he is obliged to reject all offers from foreign vendors .
In the future, officials will develop criteria for Russian origin for each type of equipment. For example, there is already a register of communication equipment indicating the status of each product, a ministry spokesman said in a commentary to the Vedomosti newspaper.
Now Western corporations will have to think about localizing production.
Representatives of the domestic industry endorse the initiative. They explain that at the expense of price, it is very difficult to compete with foreign corporations, so it is very difficult for them to sell their goods without state assistance.
Source: https://habr.com/ru/post/394561/
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