The Ministry of Finance explained when the supplier will not be included in the RNP due to sanctions
According to the new rules, starting from March 23, the TPR does not include suppliers who have not fulfilled the contract due to external sanctions (Decree No. 417 dated March 21, 2022). The department explained how this rule works.
The FAS Commission will consider all the circumstances that caused the customer's unilateral withdrawal from the contract. The supplier will not automatically be included in the RNP (Clause 13 of Resolution No. 1078 of June 30, 2021).
For example, the supplier could not fulfill the contract, because unfriendly countries imposed sanctions on the materials and equipment needed to supply or manufacture the goods. In this case, information about the supplier in the RNP will not be included. If the supplier refuses to fulfill the contract because sanctions have been imposed on the customer, the information will be entered into the RNP (subparagraph “c”, paragraph 15 of the resolution dated 06/30/2021 No. 1078).
The agency recommends that suppliers take part in the commission meeting and provide evidence that confirms that the contract was not executed due to sanctions. Such evidence includes any documents that contain a causal relationship between sanctions and non-performance of the contract.
Document: Letter of the Ministry of Finance dated 04/08/2022 No. 24-01-09 / 29768