New rules for applying the national mode in public procurement of radio electronics-project of the Ministry of industry and trade
A draft resolution on the ban on the admission of foreign radio electronics, as well as amendments to the Decree of the Government of the Russian Federation from 10.07.2019 N 878, has been prepared. It is planned to create 2 lists of products: some will be banned, while others will be restricted.
When do I need to set a ban
The ban will have to be set when purchasing products from the list. The ban is not required if:
- there is a permit from the Ministry of industry and trade for the purchase of foreign products. It is issued if the necessary radio electronics are not produced in the Russian Federation;
- purchases are made from the list of products for which access restrictions are set.
In these cases, access restrictions apply.
How restrictions will be applied
The customer will have to reject all requests (final offers) with offers of foreign products if there is at least one request (and not two, as now) that:
- corresponds to the notification and (or) documentation;
- contains an offer to supply products from the register of Russian or Eurasian radio electronics.
The participant will confirm that the offered products meet the purchase requirements as follows:
- from January 1, 2021-declare that its product is included in the register, without specifying the number of the register entry;
- from January 1, 2023-provide an extract with the number of the registry entry and (or) information about the total number of points, if this is provided for in the Decree of the Government of the Russian Federation from 17.07.2015 N 719. In some cases, the statement will not be necessary.
What should the customer consider when purchasing radio electronics
The national mode will also apply to products that:
- supplied as part of the purchased works and services;
- are subject to lease and (or) leasing.
The following rules are used for both prohibitions and restrictions:
- you can not combine products from the list and products that are not in it into one lot;
- when executing a contract, it is not possible to replace goods from the list with products from a foreign country (the exception is the member States of the EEU).
When purchasing foreign products under a permit, the product characteristics in the notification must fully correspond to those sent to the Ministry of industry and trade. It is not necessary to justify the impossibility of complying with the ban.
When will the new rules start working
The new rules for applying the national regime will come into force in stages. It is planned that most of the changes to the Decree of the Government of the Russian Federation from 10.07.2019 N 878 will work from January 1, 2021 and will be valid for 2 years. However, the basic rules of the ban will come into force only from January 1, 2023.