It has become even more profitable and easier to become a SEZ resident

28 August 2023, Monday

Latest legislation news for special economic zones

The State Duma adopted in the second reading a bill changing the mechanisms for creating and managing special economic zones (SEZ), as well as simplifying the procedure for obtaining the status of a SEZ resident. The document was initiated by the Government of the Russian Federation.

— The legislation on special economic zones has been adjusted

Federal Law No. 448-FZ of August 4, 2023 "On Amendments to the Federal Law "On Special Economic Zones in the Russian Federation" and Certain Legislative Acts of the Russian Federation"

Amendments on the functioning of the SEZ have been signed. The mechanisms for creating and managing special economic zones have been changed, as well as the procedure for obtaining SEZ resident status has been simplified.

It is envisaged to conclude a single agreement on the creation and management of the SEZ.

The procedure for expanding and reducing the SEZ has been established.

The possibility of liquidation of the SEZ in case of recognition of its activities as ineffective for 5 consecutive years is fixed.

To obtain the status of a SEZ resident, instead of a business plan, you will need an investment project passport. A new category of SEZ residents has been introduced - companies that are partners of SEZ residents. In this case, a joint production agreement with a SEZ resident is needed.

The participation of foreign investors in the SEZ management company is limited. The financing scheme for the creation of SEZ has also been clarified.

The law comes into force on September 1, 2023, with the exception of provisions for which a different deadline is provided.

— The list of investment projects has been expanded, when importing goods for which a tariff benefit is applied.

Resolution of the Cabinet of Ministers of the Republic of Tatarstan dated July 7, 2023 No. 794 "On Amendments to the Resolution of the Cabinet of Ministers of the Republic of Tatarstan dated 09/29/2021 No. 924 "On Approval of the Procedure for Granting Subsidies from the Budget of the Republic of Tatarstan to Management Companies of Special Economic Zones for Reimbursement of Part of the Costs associated with the Payment of corporate Property tax"

The Procedure for granting subsidies from the budget of the Republic of Tatarstan to management companies of special economic zones (SEZ) for reimbursement of part of the costs associated with the payment of corporate property tax is limited to 2023.

The subsidy is provided in order to reimburse part of the costs aimed at paying the property tax of organizations following the results of the expired tax period of 2022 in respect of property specified as SEZ infrastructure facilities in the agreement on the establishment of the SEZ.

The list of documents required to participate in the selection has been clarified.

— The approximate forms of agreements on activities in the SEZ have changed

Order of the Ministry of Economic Development of the Russian Federation No. 320 dated May 16, 2023 "On Amendments to the Order of the Ministry of Economic Development of the Russian Federation No. 290 dated May 10, 2016 "On Approval of Approximate Forms of Agreements on the Implementation of Industrial, Technical and Innovation, Tourist and Recreational Activities and Activities in the Port Special Economic Zone"

Registered with the Ministry of Justice of the Russian Federation on July 20, 2023. Registration number 74356.

The approximate forms of agreements on the implementation of industrial and production, technical and innovation, tourist and recreational activities and activities in the port SEZ have been adjusted. This is due to amendments to the SEZ Law.

In particular, it is stipulated that the control over the execution of the agreement by the resident with whom the concession agreement is concluded and the control of the concedent over the execution of the terms of the concession agreement are carried out simultaneously.

It is prohibited to change the agreement from the date of the appeal of the executive authority to the court with a request for its termination until the date of entry into force of the decision on the case.

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