Offshore companies in public procurement: the requirements for participants were proposed to be relaxed

1 March 2023, Wednesday

They want to clarify the uniform requirements for procurement participants in terms of restrictions for offshore companies. The project was submitted to the State Duma.

It is planned that the ban on participation in public procurement will not affect business partnerships and companies that have offshore companies among the participants. Their permissible share in such legal entities may be increased from 10 to 25%. The Government will be able to establish exceptions to this rule (paragraph 2 of Article 1 of the draft).

When calculating the allowable share, it was proposed not to take into account (paragraph 3 of Article 1 of the draft):

- direct and (or) indirect participation of offshore companies in the capital of a public joint stock company (including with the status of an international company), if its shares are traded at organized auctions in the Russian Federation;

- indirect participation of offshore companies in the capital of other Russian legal entities, realized through participation in the capital of a public joint stock company.

Amendments can be made from the date of their publication in the form of a federal law (Article 2 of the draft).

 

Document: Draft Federal Law N 301948-8

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