Amendments made to Federal Law “On public-private and municipal-private partnership in the Russian Federation”

On July 3, 2016, the Russian President signed amendments to the Federal Law “On public-private partnership and municipal-private partnership and on amending certain legislative acts of the Russian Federation.” In particular, the law has been amended as follows:

- Bidders are allowed to confirm their compliance with professional and business qualities, as well as license, permit and certification requirements through:

• entities with whom the bidder has signed a letter of intent to participate in the project;
• entities directly or indirectly holding at least 10% of the bidder’s charter capital, as well as entities directly or indirectly holding at least 10% of the charter capital in the above entities;

- Licenses, certificates and permits required can be obtained after the agreement is signed;

- Simultaneous direct agreements with several financing organizations are allowed;

- List of items that can be the subject matter of a PPP agreement has been expanded and now includes property complex facilities intended for manufacturing industrial goods or other industrial activity, as well as hunting infrastructure facilities;

-  The private partner can now acquire ownership title to movable property and real estate created within the project, which is not the subject matter and does not comprise a part of the project;

- The timeframe for regional laws to be made compliant with Law No.442-FZ has been extended to January 1, 2025. At the same time, it is clarified that agreements signed prior to the Federal Law “On public-private and municipal-private partnership” taking effect (January 1, 2016) will be governed by the regional PPP laws in effect at the time.

The adopted law will take effect 10 days after it is published.

To read the draft law, visit the State Duma web site.