Can the customer cancel the contract if the supplier does not provide an opinion on its production on the territory of the Russian Federation together with the goods?
When transferring to the customer the goods specified in the annex to the Decree of the Government of the Russian Federation of 30.04.2020 N 616 "On the establishment of a ban on the admission of Industrial goods Originating from Foreign States for the Purposes of Procurement for State and Municipal Needs, as well as industrial goods originating from foreign states, works (services) performed (rendered) by foreign persons, for the purposes of procurement for the needs of the country's defense and state security" (hereinafter - Resolution No. 616), the supplier must provide him with a valid conclusion confirming the production of industrial products on the territory of the Russian Federation (paragraph 10.3 of Resolution No. 616). At the same time, the specified conclusion, which is the basis for entering information about the product into the register of Russian industrial products, is valid for 3 years from the date of its issuance. In this regard, experts of the Ministry of Finance of the Russian Federation note in their letter, the supplier must provide the customer with an opinion valid at the time of acceptance of the goods.
At the same time, in case of failure to submit a valid one, the customer is obliged to terminate the contract unilaterally on the basis of paragraph 1 of part 15 of Article 95 of Federal Law No. 44.
Recall that the specialists of the Ministry of Industry and Trade of Russia also allow the possibility of adjusting the contract in connection with the delivery of goods with improved characteristics on the basis of part 7 of Article 95 of Federal Law No. 44, if during the execution of the contract the supplier received a new conclusion confirming the production of industrial products on the territory of the Russian Federation. We wrote about this earlier.
Document: Letter of the Ministry of Finance of the Russian Federation dated May 2, 2023 N 24-06-09/40063