Banking support for the contract is not provided. The procedure for providing banking support for contracts has been established

Rules Defined banking support a civil contract, the subject of which is the supply of goods, performance of work, provision of services, concluded on behalf of the Russian Federation, a subject of the Russian Federation, municipality, budgetary institution or other legal entity. The corresponding resolution of the Government of the Russian Federation dated September 20, 2014 No. 963 "" was approved.

In the document, banking support of the contract means the provision by the bank, on the basis of an agreement concluded with the supplier, contractor, performer, subcontractors and co-executors, of monitoring settlements carried out as part of the execution of the contract in an account opened with the specified bank, as well as the provision by the bank of other services. The results of such monitoring will be brought to the attention of the customer.

There are two types of banking support:

• simple banking support – the bank’s monitoring of settlements within the framework of the execution of the supported contract without charging a fee;
• extended banking support – monitoring with provision of additional services, allowing to ensure compliance of accepted goods, works, conditions of the accompanied contract, for which established maximum dimensions fees as a percentage of the contract price.

The highest executive bodies of state power of the constituent entities of the Russian Federation and bodies local government When making purchases to meet regional and municipal needs, it is recommended to include in the contract a condition for simple banking support if the initial (maximum) contract price is at least 1 billion rubles. (for a constituent entity of the Russian Federation) and at least 200 million rubles. (for a municipal entity), and about extended banking support - with a contract price of at least 5 billion rubles.

This measure is provided in order to provide banks with additional tool, allowing to reduce lending rates or the amount of payment under issued bank guarantees. In turn, the customer, receiving information from the bank when opening and maintaining accounts for the supplier and persons included in the cooperation, will have more information to accept preventive measures during the execution of the contract.

Let us recall that the rule on the need for banking support of contracts (Article 35 Federal Law dated April 5, 2013 No. 44-FZ " ") came into force on July 1, 2014.

As noted in the government certificate to the document, its adoption will allow the customer to ensure more effective control over the fulfillment of obligations under the contract, and will also help reduce rates on loans and bank guarantees, create legal grounds for outsourcing of certain powers of the customer during the execution of the contract.

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Opinion:

In accordance with clause 4, part 1, art. 93 of the Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”, the customer can make purchases from a single supplier in an amount not exceeding 100 thousand rubles. At the same time, the total annual volume of purchases that the customer has the right to make must not exceed 5% of the amount of funds provided for all purchases...

Vetrov Vitaly ,
Managing partner of the law firm "Vetrov and Partners"

Banking support of contracts is additional control over the execution of the contract on the part of the bank. To do this, the supplier opens a separate bank account, and the customer pays only into this account. The bank can simply monitor the expenditure of money - this is simple banking support, or it can control the result of delivery or execution of work - this is extended banking support. Cases of simple and extended banking support are established by the Government of the Russian Federation, government agencies of the constituent entities of the Russian Federation and local administrations. The customer must indicate information about banking support in the notice, procurement documentation and contract. And the winner of the purchase is obliged to conclude a banking support agreement in a timely manner. Otherwise, the customer faces a fine of 3 thousand rubles, and the supplier may be charged.

What are the requirements for banks when supporting state and municipal contracts?

In order for a bank to support contracts under Law No. 44-FZ, the following conditions must be met:

• he must have a license for banking operations, at least five years of experience and a capital of at least 1 billion rubles;
• the bank should not be subject to a requirement from the Bank of Russia to introduce financial rehabilitation measures;
• must be observed mandatory standards Bank of Russia for all reporting dates over the last six months.

This is indicated in paragraph 3 of Art. 74.1 of the Tax Code of the Russian Federation, clause 10 of the Rules for banking support of contracts.

The list of such banks is posted on the website of the Russian Ministry of Finance at: https://www.minfin.ru/ru/perfomance/tax_relations/policy/bankwarranty/.

The winner of the purchase or the customer himself, if, for example, the Government of the Russian Federation or a constituent entity of the Russian Federation has established this obligation for him, choose a bank only from this list (clauses 5, 10, 11, 12 of the Rules for Banking Support of Contracts).

There is also an additional requirement for the bank: if treasury support is carried out simultaneously with banking support, the bank must be a user of the financial message transmission system of the Bank of Russia.

In addition, additional requirements for banks may be determined by the Government of the Russian Federation (clause 10 of the Rules for banking support of contracts).

Please note: if during the execution of the contract the bank is excluded from the list of the Russian Ministry of Finance, it does not need to be changed. It is necessary to replace a bank only if the Government of the Russian Federation, a government agency of a constituent entity of the Russian Federation or a local administration decides to prematurely terminate the support of contracts by this bank. This is indicated in clause 10 of the Rules for banking support of contracts.

In what cases should we establish simple banking support for contracts?

The federal customer must establish simple banking support (clause “a”, clause 3 of Resolution No. 963):

• upon conclusion;
• when concluding a contract with a price of more than 10 billion rubles, including from a single supplier by decision of the President of the Russian Federation or the Government of the Russian Federation (if there is no contract security);
• when purchasing goods (works, services) from suppliers who are subject to sanctions and selected by the Government of the Russian Federation.

The customer of a constituent entity of the Russian Federation or a municipal customer must establish banking support in cases determined by government agencies of constituent entities of the Russian Federation or local administrations (clause 4 of Resolution No. 963). For example, for customers Leningrad region simple banking support is required for ) from 1 billion rubles. (clause 1 of the Decree of the Government of the Leningrad Region dated December 29, 2014 N 629).

In what cases should you install extended banking support?

The federal customer must establish extended banking support if it purchases (clause “b”, clause 3 of Resolution No. 963):

• construction work on the construction and reconstruction of capital construction facilities from a single supplier in the amount of over 10 billion rubles, but provided that there is no requirement to secure the contract;
• goods (work, services) under the state program of the Russian Federation in the amount of over 15 billion rubles. At the same time, the program must contain a condition regarding contract support;
• goods (work, services) by decision of the Government of the Russian Federation, which provides for treasury security of obligations;
• goods (work, services) from suppliers who are subject to sanctions and selected by the Government of the Russian Federation.

The customer of a constituent entity of the Russian Federation or a municipal one must establish extended banking support in cases determined by government agencies of constituent entities of the Russian Federation and local administrations (clause 4 of Resolution No. 963).

How to set a banking support requirement

Please provide information about simple banking support:

• in the procurement schedule.

In column 30 you must indicate “yes”. When filling in in electronic format this will be the tab “Information on banking or treasury support of the contract” (clause 8, part 3, article 21 of Law No. 44-FZ);

• in the notice.

In the “” block, indicate that banking support for the contract has been established;

• in the procurement documentation.

Please state that banking support for the contract has been established. As a rule, this is indicated in the “Information card” section (clause 8 of article 42, part 1 of article 50, part 1 of article 54.3, part 1 of article 64 of Law No. 44-FZ);

• in the draft contract.

Specify the rights and obligations of the supplier and customer. They must be taken from paragraphs 6, 7 of the Rules for Banking Support of Contracts ().

For extended support, also indicate in the contract the responsibilities from clauses 8, 8(1), 9 of the Rules for Banking Support of Contracts.

If you do not include a provision for banking support in the documentation or draft contract, a fine of 3 thousand rubles is possible. (Part 4.2 of Article 7.30 of the Code of Administrative Offenses of the Russian Federation).

What to include in a contract for banking support of contracts under Law No. 44-FZ

The banking support agreement is concluded by the winner of the purchase and co-executors under the contract with the bank.

Agreement on simple banking support must contain (clause 13 of the Rules for Banking Support of Contracts):

• procedure and timing for opening a separate account for the supplier and co-executors;
• procedure and terms of crediting and debiting Money from a separate account;
• the possibility of writing off money at the request of the customer in the amount of an advance on the terms of the accompanied contract, if there is no security for it;
• the bank's obligation to provide the customer on a monthly basis: an account statement with all transactions on the account, a report, the results of identifying the supplier and co-executor;
• cases and procedure for changing and terminating the contract;
• the bank's obligation to send information to Federal Treasury in cases established by the Government of the Russian Federation.

Into the extended support agreement contract, include the terms of the simple banking support agreement, as well as (clause 14 of the Rules for banking support of contracts):

• cost of bank services. The size must be calculated based on the price of the accompanying contract. If its price (clause 4 of the Rules for banking support of contracts):

From 500 million to 1 billion rubles, then the cost of bank services can be no more than 1.15% of the contract price;

From 1 to 5 billion rubles. - 1.12% of the contract price;

From 5 to 10 billion rubles. - 1.09% of the contract price;

From 10 to 15 billion rubles. - 1.05% of the contract price;

From 15 billion rubles. - 1% of the contract price;

• information that the customer must indicate in payment orders, as well as the procedure and timing for verification by the bank of such payments. These conditions must be agreed with the customer;
• list and procedure for submitting documents confirming the basis for payment;
• the timing and procedure for the bank to verify the submitted documents for the goods (works, services) actually delivered;
• the procedure and conditions for the bank’s refusal to make a payment;
• liability of the bank for unlawful refusal to process payment according to payment documents;
• the obligation of the bank, in cases established by the Government of the Russian Federation, to provide the customer and the Federal Treasury, within five working days from the date of receipt of the request, a report on the results of monitoring the execution of the supported contract. The report is sent through the financial messaging system of the Bank of Russia.

Banking support for contracts under 44-FZ is a way to control the use of budget and investment funds as part of supplies for the needs of the state. The customer includes conditions for support in the government contract.

The essence of the process is that the contractor opens a separate account in an authorized bank, the customer sends payments there, and the bank checks the contractor’s payment documentation for compliance with the provisions of the contract, makes payments and transmits to the customer information about the use of funds during the execution of the contract. If it is stated somewhere that banking support of the contract is not provided, this means that there is no need for additional financial control and the bank is not involved in auditing settlements.

The Law on the Contract System stipulates simple and extended types of banking support (BSC).

Simple banking support

Simple accompanying operations are regulated by subparagraph “a” of paragraph 3 of Government Decree No. 963. They consist in the fact that the bank does not control the contractor’s operations, but only monitors the actions on his account and transmits information about payments to the customer. The highest executive body of state power of the constituent entities of the Russian Federation is obliged to establish a condition for simple banking support in a state contract if the initial (maximum) price of the contract is from 10 billion rubles and the transaction has the following distinctive features:

• the customer and the contractor enter into a contract life cycle(service contract) and the initial maximum contract price (NMCP) is more than 10 billion rubles;
• a transaction worth over 10 billion rubles with a specific contractor by decision of the President or Government of the Russian Federation, but if the contractor secures the contract, there is no need to accompany it;
• the contract is concluded with contractors who are subject to foreign political and economic sanctions.

Local authorities set the conditions of appointment financial control transactions. A simple BSC for regions is assigned when the transaction amount is over 1 billion rubles; for municipalities - over 200 million rubles.

Extended support by banks

Clause 3 of Part 2 of Section I of Government Resolution No. 963 states that extended banking support is monitoring of settlements plus additional verification of supplied goods, works, and services for compliance with the terms of the contract. The inspection results are transferred to the customer. Here are the cases in which banking support for a contract under 44 Federal Laws in expanded form is required:

• The contract for construction work is concluded with a single contractor and the transaction amount is more than 10 billion rubles. If the contractor secures the contract, there is no need to accompany him;
• the purchase in the amount of more than 15 billion rubles is carried out under the state program of the Russian Federation, which contains a condition for an expanded BSK;
• the purchase was appointed by the government of the Russian Federation, and the terms of the government contract indicate the use of a treasury letter of credit;
• the performer was chosen by the government of the Russian Federation and is subject to sanctions of foreign states (associations).

Local government agencies require expanded financial control of government procurement when the transaction amount is at least 5 billion rubles. — for regions and municipalities.

How to choose a supporting bank

The customer or the winning contractor selects an authorized bank before the start of the procurement and attaches the draft agreement on the BSK to the draft government contract. In order for a bank to be able to provide a range of services when banking support of a 44-FZ contract is required, it must meet the requirements specified in clause 3 of Art. 74.1 Tax Code RF and clause 10 of the banking support rules:

• have a license to conduct banking operations;
• term banking more than five years;
• equity not less than 1 billion rubles;
• The Bank of Russia does not require the selected bank to introduce financial rehabilitation measures;
• over the past six months, mandatory Bank of Russia standards for all reporting dates have been met.

The bank has the right to accompany government contracts only if it is included in a special list of the Ministry of Finance, presented on the official website of the Ministry of Finance. If a bank drops out of the list during support, there is no need to change it; it will continue support until the contract is fully completed.

Additional requirements for banks

When treasury support for a transaction is also required, make sure that the selected bank is connected to the financial messaging system of the Bank of Russia. This is a mandatory condition under paragraph 10 of the rules approved by Government Decree No. 963 dated September 20, 2014, and clarifications from the Ministry of Finance in letter No. 02-02-04/69287 dated November 27, 2015.

Here are the cases in which banking and treasury support of a contract under 44-FZ are carried out simultaneously:

• in government procurement with NMCC from 100 million rubles;
• in the state defense order under 275-FZ.

If you have entered into a government defense contract transaction, make sure that the supporting bank you choose:

• has a license to carry out work related to the use of information constituting state secrets;
• classified as authorized banks by government order in agreement with the President of the Russian Federation - this requirement is contained in 275-FZ.

How to set a banking support requirement

Please indicate the need for additional financial verification of government procurement:

• in the procurement schedule - in line 30, indicate “yes”. When filling out on a computer, this is the “Information on banking or treasury support of the contract” tab;
• in the notice - in the block “Enforcing the contract”;
• in procurement data - for example, in the “Information Card” section;
• in the preliminary version of the contract.

If the purchase falls under the BSC cases, and you do not include a condition about it in the documentation, punishment will follow for both parties:

• for the customer - a fine of 3,000 rubles. (Part 4.2 of Article 7.30 of the Code of Administrative Offenses of the Russian Federation);
• for the contractor - entering information about him into the list of irresponsible suppliers, which in practice will prevent him from participating in the next purchases under 44-FZ.

How to draw up a banking support agreement

The supplier enters into an agreement with the bank. The content of the contract is determined by clauses 13 and 14 of the rules for banking support of contracts, which apply when banking support of a contract is mandatory. Include the following mandatory conditions in the simple BSK agreement:

• procedure and terms for opening a separate account for the supplier and co-executors;
• rights and obligations of the parties;
• procedure and timing of funds transfer;
• the customer’s right to demand that the advance amount be written off if there is no security for the execution of the contract;
• the bank’s obligation to report to the customer on the use of funds, compliance regulations;
• procedure for changing and terminating the contract;
• the obligation of the bank to transfer information about banking transactions to the Federal Treasury in cases established by the government;
• procedure and deadlines for execution.

Add to the extended BSK agreement:

• cost of bank services (depending on the amount of government procurement, ranges from 1% to 1.15%);
• list of documents required to be checked for compliance with the terms of the contract;
• contents of payment documentation;
• the bank’s right to check payment documentation - the verification procedure is agreed upon with the customer;
• the supplier’s obligation to provide documents - the basis for payment;
• the right of the bank to check such documents and refuse to make payment;
• the bank’s obligation to consider within five days the contractor’s requests for payment execution and disagreement with the refusal;
• bank's liability for deviation payment transaction;
• the bank’s obligation to notify the customer about the results of verification of the actual execution of the contract in cases established by the government; procedure and deadlines for submitting reports.

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Answer

What is banking support for a contract, when is it mandatory and when is it not, what types of contract support exist, read about it in our material.

Concept and types

Banking support for contracts under 44-FZ is the conduct by an authorized bank of verification of payments made and bringing to the attention of the government customer the results of such monitoring, which allows the customer to monitor compliance with the terms of the government contract. Bank support for the contract is not provided, what does this mean? This means that an authorized bank is not involved in monitoring settlements.

The implementation of banking support for contracts is regulated by Decree of the Government of the Russian Federation dated September 20, 2014 No. 963. The resolution on the implementation of banking support for contracts does not apply to:

• civil contracts executed by the Russian Federation, its subject, municipality, budgetary institution, other legal entity in accordance with Parts 1, 4, 5 of Art. 15 44-FZ;
• contracts executed within the framework of state defense orders;
• contracts issued outside the framework of the state defense order, information about which constitutes a state secret.

Banking support of the state defense order is carried out according to the rules of Chapter 3.1 of the Law “On State Defense Order” dated December 29, 2012 No. 275-FZ.

Within the framework of Resolution No. 963, there are 2 types of banking support:

• simple (basic);
• extended.

Read more about these types in our material below.

Simple (basic) banking support for government contracts

It consists of monitoring payments made within the framework of the contract. It is free and mandatory in the following cases:

• Registration of a government life cycle contract, when the supplier carries out a full range of work, from project development to its full implementation. At the same time, the price of the government contract exceeds 10 billion rubles;
• Registration of a government contract with a single supplier on the basis of acts issued under clause 2, part 1, art. 93 44-FZ, when the price is more than 10 billion rubles, banking support is established by such an act, the obligation of the state customer to establish security for the fulfillment of such a contract is not established;
• Registration of a government contract, when such a contract, its subject or supplier is determined by the Government of the Russian Federation, when the supplier is subject to restrictive measures introduced by other countries or their associations.

The minimum initial price of a government contract, taking into account which the authorities of the constituent entities of the Russian Federation and municipalities determine cases of banking support, is equal to:

• 1 billion rubles for regions;
• 200 million rubles for municipalities.

Extended banking support

Provides for the provision banking services, which make it possible to ensure compliance of the supplied works, goods, and services with the terms of the government contract. It will be applied when:

• registration of a state contract for construction with a single supplier, determined by an act of the Government or the President, when the cost of the work exceeds 10 billion rubles and the act does not establish the obligation of the state customer to establish security for the fulfillment of the contract;
• execution of a government contract, the price of which is more than 15 billion rubles and the state program of the Russian Federation stipulates the obligation to attract an authorized bank;
• the government contract being drawn up, determined by the Government of the Russian Federation, provides for treasury support;
• the contract being drawn up, its subject matter or the supplier are determined by the Government of the Russian Federation when the supplier is subject to restrictive measures established by other countries.

Extended support is paid, maximum size cannot exceed:

• 1.15% for a government contract price of 500 million – 1 billion rubles;
• 1.12% at a price of 1 – 5 billion rubles;
• 1.09% at a price of 5 – 10 billion rubles;
• 1.05% at a price of 10 -15 billion rubles;
• 1% for prices over 15 billion rubles.

Is it possible to specify in a contract with extended banking support what the contractor does not have the right to spend the advance payment on?

Yes, the customer has the right to stipulate such a requirement in the contract. With extended support, the bank controls how the contractor spends the advance. The customer determines the cases in which the bank agrees with the customer on the refusal to pay the counterparty. This is stated in subparagraph “d” of paragraph 8 of the Rules from Government Decree No. 963 dated September 20, 2014.

Find out more in the article "