Moscow. February 25. The Ministry of economic development did not support the idea of the heads of Rosneft and Gazprom Igor Sechin and Alexei Miller to amend the current law “On procurement of goods, works, services by separate types of legal entities” and to exclude from-under its actions of financial and intra-group transactions and transactions with immovable property. The Ministry admitted that the companies from the sanctions list can be allowed not to publish information about the number of financial transactions.
According to a source in the financial-economic bloc of the government, corresponding to the position contained in a letter from Deputy economic development Minister Evgeny Elin in the Cabinet.
With ideas to exclude from the application of the law, Finance, intra-group transactions and transactions with real estate Chapter of “Rosneft” and “Gazprom” has addressed in the joint letter to the Prime Minister in early February. Dmitry Medvedev instructed first Deputy Prime Minister Igor Shuvalov and economic development Minister Alexei Ulyukayev “to study treatment and to prepare proposals for improving the rules” of current law on procurement by state-owned companies, reported a source familiar with the request.
According to a source, the letter yellin notes that the current law N223-FZ provides for the possibility to carry out purchases of real property by any means, including from a single supplier, which allows you to purchase specific individual objects. In this case, the rule of law “ensures the transparency of such procurement, including the transparency of pricing, which is a prerequisite for efficient spending of funds”.
According to the unified information system, in 2015 customers held purchasing immovable property over $ 647 billion, more than double the volume of purchases of immovable property in 2014.
“The exclusion of procurement of immovable property from the scope of the law N223-FZ is inappropriate and would be contrary to its basic purposes and principles”, says Elin.
The Ministry also notes that the law did not contain obstacles to intercompany purchases from the subsidiaries, including such purchases can be made from a single supplier.
According to the Ministry, the establishment in the law of exemptions for intra-group procurement will lead to the fact that customers will make purchases on a noncompetitive basis through legal entities belonging in the same group, but not subject to the law. Also it will encourage customers to create a non-core subsidiary, to conduct the procurement on a noncompetitive basis.
Commenting on the proposal to remove from-under actions of the law of financial transactions, Elin notes that it does not meet the interests of both the customers and the interests of the development banking system.
The Ministry of economic development conducted a monitoring of the contract system has not detected any difficulties with the procurement of financial services for state and municipal needs where the requirements are more stringent.
According to the unified information system, in 2015 customers had purchases of financial services worth more than 1.2 trillion rubles, which is 5.2% of total purchases. “Exclusion from the application of the law N223-FZ procurement of financial services will take the following amount of non-competitive procurement in the sector that may negatively affect the state of competition in the banking system,” believe in the Ministry of economic development.
However the Ministry believes that the implementation of borrowing in foreign markets possible to determine the list of financial services purchased from foreign banks, purchase of which does not constitute state secrets but are not subject to placement in the unified information system. “Such measures should be adopted in respect of companies in the fuel and energy complex and for other companies subject to international sanctions,” believe in the Ministry of economic development.
Sechin and Miller’s letter had recalled that among the requirements for procurement procedures the law provides for advance disclosure of the main terms and conditions of all plan contracts. In their view, the application of these requirements in terms of procurement of financial services and the conclusion of other financial transactions with companies hit by Western sanctions, reduces the effectiveness of their activities, but also creates risks of tightening sanctions and the use of additional restrictive measures and fines.