Tru foreign states. Prohibitions and restrictions on state and municipal procurement of foreign goods, works, services

The ban on the admission of foreign goods, works and services into procurement for the defense and security of the country was established in the new document. What are its differences from the expired Government Resolution No. 1224? Read the review.

From January 3, 2017, the Government of the Russian Federation Decree No. 1576 dated December 31, 2016 invalidated the ban on Decree No. 1224 dated December 24, 2013 and the documents that amended it. But already on January 16, 2017 it came into force Decree of the Government of the Russian Federation dated January 14, 2017 No. 9.

The new prohibited list was expanded to 132 product items, including:

• Textile products, clothing and linen
• Construction materials
• Vehicles and construction equipment
• Electrical equipment
• Machine tools
• Individual instruments
• Pipes

The difference between the new document and the previous one is that the ban does not work for certain positions if:

• there is incompatibility of some products with others and the customer is forced to use interacting ones;
• purchase spare parts for machines and equipment required by technical documentation;
• the cost of a unit of purchased goods does not exceed 50 thousand rubles. or the total purchase cost does not exceed 1 million rubles. (for a number of items from the list, the upper threshold for purchasing a unit of goods was limited to 5 thousand rubles);
• procurement is carried out by law enforcement agencies (FSB, FSO, SVR, Ministry of Internal Affairs of Russia, National Guard), and the Administrative Department of the President of Russia;
• purchase machines that are manufactured on the territory of the EAEU and comply with the requirements of Resolution No. 719.

5 prohibitions on purchasing imports that must be observed

From December 1, there is another list of foreign goods that cannot be purchased. Customers were prohibited from purchasing imported furniture and woodworking products.
Let us explain why the ban applies, what exceptions there are and how to confirm them. Let us remind you of all the prohibitions within the framework of the national regime, we will accompany them with court cases and decisions of the FAS.

How to confirm that there are no similar foreign goods in the Russian Federation

If there is no production of goods from the list on the territory of the EAEU countries, this is an exception to the rules of Resolution No. 9 of January 14, 2017. Such absence will need to be confirmed by the conclusion of the Ministry of Industry and Trade of Russia. The department will issue it in accordance with the procedure, the draft of which is still under public discussion ( Project ID on regulation.gov.ru - 01/02/01-17/00061145).

According to the project, the conclusion will be issued to the customer within 30 days from the date of submission of the application, it will be valid for 1 year.

Production on the territory of the Russian Federation will be considered production in the member countries of the EAEU in accordance with the requirements for industrial products in the appendix to Government Resolution No. 719 dated July 17, 2015. By the end of the first half of 2017, the Ministry of Industry and Trade must hold consultations with colleagues from the EAEU to determine a similar mechanism classifying products as those that are not produced on the territory of the EAEU.

The procurement that is now regulated by Resolution No. 9 of January 14, 2017 should be understood as procurement within the framework of state programs, relevant federal target programs, measures for state defense procurement and orders for the defense and security of the country.

All prohibitions and restrictions for foreign goods, works and services

Thus, the national regime in public procurement is still supported by 9 by-laws. There is currently a ban on admission to foreign goods, works and services:

• goods for the defense and security of the country (Decree No. 9 dated January 14, 2017)
• mechanical engineering goods (Resolution No. 656 dated July 14, 2014);
• light industry goods, rental services for such goods (Resolution No. 791 dated August 11, 2014);
• software (Decree No. 1236 dated November 16, 2015);

Since January 1, 2018, customers have established a ban on the admission of foreign programs, except for software from the EAEU. Purchase only programs that are included in registers domestic and Eurasian software. If you need to buy a foreign program, write and publish it in the EIS justification. Read how to apply the ban when purchasing software.

What programs are banned?

Set a ban on foreign programs, except for software from the countries of the Eurasian Economic Union. The EAEU includes Russia, Armenia, Belarus, Kyrgyzstan, and Kazakhstan. Set a ban when purchasing:

• foreign computer programs;
• foreign databases;
• exclusive rights to foreign software;
• rights to use foreign software.

The imported program cannot be purchased either on a physical medium or in electronic form, since the prohibition applies to the following procurement items:

• delivery of programs on tangible media or in electronic form via communication channels, as well as rental or purchase of the right to use software via communication channels and external information technology and hardware and software infrastructure (cloud computing services);
• supply, maintenance of personal computers, terminals, servers and other computer equipment on which it is necessary to install software under the contract;
• works, services for the development, modification, modernization of software, if the customer receives the rights to use the software or the previously granted scope of rights is expanded;
• maintenance, technical support, software updates, if the customer receives the rights to use the software or the previously granted scope of rights is expanded.

Such rules are established by the Government in Resolution dated November 16, 2015 No. 1236(hereinafter referred to as Resolution No. 1236).

Attention: determine the country of origin of the goods by Unified Register of Russian Programs or according to the Eurasian software registry. Consider a program that is not in the registers to be foreign. The conclusion follows from clause 2.2 resolution No. 1236.

Situation: should we establish a ban on the admission of foreign products when purchasing services for consulting support and updating the automated system?

Establish a ban if the contractor, along with services for maintaining and updating the automated system, is obliged to provide rights to use the program or expand previously granted rights. The conclusion follows from parts 3 Article 14 of Law No. 44-FZ, subparagraph "d" clause 2.1 of Government Decree No. 1236.

Situation: does the ban on the admission of foreign software apply to purchases under 223-FZ
No, it does not apply. The ban on the admission of foreign software applies only to purchases under Law 44-FZ (para. 1 resolution No. 1236).

Situation: should we establish a ban on the admission of foreign software when purchasing exclusive and non-exclusive rights?
Necessary if the purchase does not fall under exceptional case. In addition, the customer must establish such a prohibition when renewing non-exclusive rights to the software. A similar conclusion follows from decision of the Vologda OFAS dated March 3, 2016 in case No. 5-2/25-16.

Situation: should we establish a ban on the admission of foreign software when purchasing computers with installed programs?
Yes. The ban on the admission of foreign software is established regardless of the type of contract. This can be either a contract for the purchase of software separately or together with the supply of computers. This conclusion follows from subparagraph "b" clause 2.1 of resolution No. 1236.

Situation: with what document does the procurement participant confirm the country of origin of the software in accordance with Resolution No. 1236
The government has not established such documents. Therefore, the customer has no right to demand any documents from participants in accordance with Resolution No. 1236. Whether the application is answered or not, check by registers Russian software and programs from the EAEU countries based on the information provided by the applicant.

Situation: is there a ban on foreign software when purchasing from a single supplier?
Yes, it works.

The ban on the admission of foreign software applies regardless of the type of contract on the basis of which you purchase the software. This rule is established in paragraph 2 resolution No. 1236.
If you purchase software from a supplier, indicate in the contract the condition that the products must come from EAEU countries. If the purchase of software falls under exceptions from resolution No. 1236, prepare a justification for the impossibility of complying with the prohibition in the form of an annex to the contract.
Situation: is it necessary to establish a ban when purchasing database maintenance services?
It is not necessary if you do not receive the right to use the database during the purchase. If you need to install updates, new versions, configure them and transfer the right to use updates, then set a ban or prepare a justification for the impossibility of complying with it ( clause 2 of resolution No. 1236).

When can you buy foreign software?

The customer has the right to purchase a foreign program if:

1. V Unified Register of Russian Programs and in the Eurasian software registry there is no analogue that meets same class of software what the customer purchases;
2. There is information about a program of the same class in the registry, but its characteristics do not meet the customer’s requirements.

Prepare justification for the impossibility of complying with the ban on the admission of software of foreign origin. Be guided In order from resolution No. 1236. Rationale prepare in any form and place it in the Unified Information System along with the purchase notice.

Example: purchasing foreign software of a specific brand

The ban on purchasing foreign software does not apply to all customers. The following exceptions apply to purchases:

• diplomatic missions;
• consular offices;
• trade missions at international organizations that operate on the territory of a foreign state.

Also, do not apply the ban if you purchase software, information about which is a state secret.
Situation: how to determine the class of a software product in order to establish a ban on access
Determine the program class based on published data:

• in the orders of the Ministry of Telecom and Mass Communications dated December 31, 2015 № 621 And № 622 ;
• in the Unified Register of Russian Programs for Electronic Computers and Databases ( clause 2 Rules from resolution No. 1236).

Situation: should the UIS publish a justification for the impossibility of purchasing software from the EAEU if a contract for the purchase of a foreign program has been concluded under clause 4 of part 1 of Article 93 of Law No. 44-FZ
No, do not publish the justification in the Unified Information System, since the customer does not place information about such a purchase in the Unified Information System. The conclusion follows from parts 2 Article 93 of Law No. 44-FZ. Prepare a justification and keep it with the contract and procurement documents.

Situation: is it necessary to establish a ban when purchasing Russian software?
Yes, when you purchase Russian software, also prohibit the admission of software from foreign countries. The exception is cases when there is no ban on access.

Situation: is it possible to purchase a foreign printer with pre-installed foreign software
It is possible if:

1. in the Unified Register of Russian Programs or in the register of Eurasian software there is no analogue that corresponds to the same class of software that you are purchasing;
2. There is information about software of the same class in the registries, but the characteristics do not meet the customer’s requirements.

This is stated in paragraph 2 Government Resolution No. 1236.
In the procurement documentation, set restrictions for the purchase of radio-electronic goods of foreign origin, since printers are included in the list of radio-electronic goods ( clause 2 of the resolution of September 26, 2016 No. 968).
If pre-installed software does not qualify for exceptions paragraph 2 resolution No. 1236, establish a ban on the admission of software of foreign origin in accordance with Resolution No. 1236.

Situation: is it possible to purchase a service without applying Resolution No. 1236: rights to use the software, its installation and configuration
No you can not. When purchasing the rights to use software, the customer either establishes a ban on the admission of software of foreign origin, or justifies the impossibility of complying with the ban. There is no need to set a ban if you are purchasing only installation and configuration of the software without purchasing rights to use. This conclusion follows from points 2 And 3 resolution No. 1236.

Situation: when purchasing software, does the customer have the right to establish the requirement: country of origin - EAEU state
Yes, the customer has the right to establish such a requirement. However, please note that when purchasing software from EAEU countries, it is necessary to establish a ban on the admission of software from foreign countries. Exception - cases when a ban on admission is not established.

Situation: is it necessary to set a ban if the customer purchases a license for several computers at once?
The customer may not set a ban when purchasing several licenses in a “package” at once, only if registers no software of the same class or the same characteristics.
If the registers contain software that functionally and technically corresponds to the procurement object, set a ban. It doesn’t matter that you purchase several licenses at once. The ban is established regardless of the type of contract. This conclusion follows from paragraph 2 resolution No. 1236.

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The issue of meeting state needs has the same origins as the institution of the state itself. Satisfaction of state needs, expressing social needs, is one of the most important issues in the life of society.

The state order for domestic goods contributes to the development of the country’s economy and allows us to set the vector for the development of industrial production, construction and the service sector. The legislation on public procurement provides support to small businesses and socially oriented non-profit organizations. By doing this, during a difficult economic situation, the state gives the opportunity to develop and gain a foothold in the market for newly created mobile and socially significant organizations.

Government procurement is an effective tool for economic regulation and influence, not only at the national level, but also in the macroeconomic sector. The change in the economic and political situation is reflected in regulatory documents introducing prohibitions and restrictions on state and municipal procurement of certain foreign goods and suppliers/executors of some states.

National treatment for state and municipal procurement

The legal basis for the application of prohibitions and restrictions in state and municipal procurement is the provisions of the contract system on national treatment.

In accordance with Part 1 of Art. 14 Federal Law No. 44-FZ dated 04/05/2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter referred to as Federal Law No. 44-FZ) when purchasing goods of foreign origin, works and services , performed and provided by foreign persons, the national regime is applied on equal terms with goods of Russian origin, work and services performed and provided by Russian persons, in cases and under the conditions provided for by international treaties of the Russian Federation.

The federal executive body for regulating the contract system in the field of procurement, in accordance with the provisions of Federal Law No. 44-FZ, is charged with posting a list of foreign states with which the Russian Federation has concluded international treaties, and the conditions for applying the national regime in a unified information system.

In order to protect the foundations of the constitutional system, ensure the defense of the country and the security of the state, protect the internal market of the Russian Federation, develop the national economy, and support Russian commodity producers, the Government of the Russian Federation has established:
- bans on the admission of foreign-made goods supplied by foreign entities;
- restrictions on the admission of specified goods for the purposes of state and municipal procurement.

The issue of attributing goods to the country of origin is resolved in accordance with international treaties of the member states of the Customs Union, regulating the rules for determining the country of origin of goods. The country of origin of goods originating from the territory of a member state of the Customs Union is determined in accordance with the legislation of such a member state of the Customs Union, unless otherwise established by international treaties.

In furtherance of these provisions and in order to eliminate technical inaccuracies, Federal Law No. 498-FZ dated December 31, 2014, introduced amendments to the concepts of “information about the country of origin of the goods” and “name of the country of origin.” Starting from 01/01/2015, applications for participation in an open competition and electronic auction must contain information about the name of the country of origin of the goods.

In addition, Federal Law No. 498-FZ, effective September 15, 2015, expanded the list of information and documents that an application for participation in a request for quotation, given in Part 3 of Art. 73 of Federal Law No. 44-FZ. From this date, this list also includes documents confirming the compliance of the participant in the request for quotation of goods with the conditions of admission, prohibitions on admission, restrictions on admission in the event that such conditions, prohibitions, restrictions are established by the customer in the notice of the request for quotation in accordance with Art. 14 of Federal Law No. 44-FZ, or certified copies of these documents.

The Ministry of Economic Development of the Russian Federation has prepared a number of letters to clarify the provisions on the national regime. According to “On measures to support Russian commodity producers when making purchases to meet state and municipal needs,” the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, and services to meet state and municipal needs provides for measures aimed at protecting the interests of domestic producers. In “On the application of OKPD and OKPD2 when forming a schedule for 2016 and posting a procurement notice for the purpose of complying with the ban, conditions and restrictions on the admission of goods originating from foreign countries, work (services) performed (rendered) by foreign persons” clarified that when posting a notice on the official website in 2016, the corresponding codes of the All-Russian Classification of Products by Type of Economic Activities (OKPD) OK 034-2007 (CPES 2002), contained in the regulatory legal acts establishing in accordance with parts 3 and 4 of Article 14 of the Federal Law No. 44-FZ prohibition on the admission of goods originating from a foreign state or a group of foreign states, works, services, respectively, performed and provided by foreign persons, conditions, restrictions on the admission of these goods, works, services regulating the choice of procurement method, establishment of advantages and restrictions, as well as additional requirements during procurement, should be indicated as additional information

In addition, the Ministry of Economic Development of Russia in “On the extension of Art. 14 of the Federal Law of 04/05/2013 No. 44-FZ for cases of protecting the national interests of the Russian Federation by introducing a ban or restrictions on the import of certain types of products, raw materials and food, the country of origin of which is the state that decided to impose economic sanctions against Russian legal and ( or) individuals or those who joined such a decision” explained that the provisions on prohibitions and restrictions established by Art. 14 of Federal Law No. 44-FZ does not apply to purchases carried out by certain types of legal entities in accordance with Federal Law No. 223-FZ.

1. Prohibitions on the admission of foreign-made goods supplied by foreign entities

Prohibition of goods originating from foreign countries, works (services) performed (rendered) by foreign persons, for the purpose of procurement of goods, works (services) for the needs of national defense and state security

(as amended on December 29, 2015) “On establishing a ban and restrictions on the admission of goods originating from foreign countries, work (services) performed (rendered) by foreign persons, for the purpose of purchasing goods, work (services) for the needs of the country’s defense and security of the state" (hereinafter - Resolution No. 1224) established a ban on the admission of goods (except for goods specified in the annex to the Resolution) originating from foreign states, work (services) performed (rendered) by foreign persons, for the purpose of purchasing goods, work (services) for the needs of national defense and state security, except for cases where the production of such goods, performance of work and provision of services is absent on the territory of the Russian Federation.

In addition, it has been established that the ban on the admission of these goods originating from foreign states (with the exception of member states of the Eurasian Economic Union) for the purpose of purchasing goods for the needs of national defense and state security, except in cases where the production of such goods on the territory of states - there are no members of the Eurasian Economic Union.

Confirmation of the absence of production on the territory of the Russian Federation of goods from manufacturing industries falling within the jurisdiction of the Ministry of Industry and Trade of the Russian Federation is the conclusion of the Ministry of Industry and Trade of the Russian Federation on the absence of production on the territory of the Russian Federation of goods from manufacturing industries, in the absence of products produced in territory of the Russian Federation and having similar technical and operational characteristics with the corresponding goods, allowing it to perform the same functions and be commercially interchangeable.

With regard to the ban on goods originating from foreign states, work (services) performed (rendered) by foreign persons, for the purpose of purchasing goods, work (services) for the needs of national defense and state security, the Ministry of Economic Development of the Russian Federation has prepared “On the implementation for needs of the country's defense and state security of purchases of goods originating from foreign countries, including those included in the List of goods provided for by the Decree of the Government of the Russian Federation of 02/05/2015 No. 102" according to which purchases to ensure the country's defense and state security include purchases carried out within the framework of state defense order.

In furtherance of this ban, the Ministry of Economic Development explained that, according to paragraph 2 of Resolution F No. 1224, confirmation of the absence of production in the territory of the Russian Federation of goods on the list according to the appendix is ​​the inclusion of goods in the list of technological equipment (including components and spare parts for it), analogues of which are not produced in the Russian Federation, the import of which into the territory of the Russian Federation is not subject to value added tax, approved by Decree of the Government of the Russian Federation of April 30, 2009 No. 372 “On approval of the list of technological equipment (including components and spare parts for it), analogues which are not produced in the Russian Federation, the import of which into the territory of the Russian Federation is not subject to value added tax,” or a corresponding conclusion based on the results of an examination carried out by the Ministry of Industry and Trade of Russia in the prescribed manner. This position was reflected in

Prohibition on the admission of light industrial goods originating from foreign countries and (or) rental services for such goods

“On establishing a ban on the admission of light industrial goods originating from foreign countries and (or) rental services for such goods for the purpose of procurement to meet federal needs, the needs of constituent entities of the Russian Federation and municipal needs” (hereinafter referred to as Resolution No. 791) a ban was established for the admission of light industrial goods originating from foreign countries (except for member states of the EAEU), and rental services for such goods. It should be noted that this prohibition does not apply in the field of state defense procurement. This resolution approves two lists of goods. The first list establishes a ban on the purchase of goods when making purchases for federal needs, and the second - when carrying out purchases for the needs of constituent entities of the Russian Federation and municipal needs.

The ban does not apply to the supply (rental) of goods if their production is not carried out on the territory of the EAEU member states. The participant must confirm the absence of production with a conclusion issued by the Ministry of Industry and Trade of the Russian Federation.

An additional requirement is established for participants in the procurement of goods and services named in these lists in accordance with paragraph 1 of Resolution No. 791.

In cases where goods (services) are purchased from a single supplier, when describing them in the procurement notice, it is necessary to take into account the provisions of paragraph 2 of Resolution No. 791.

Prohibition on the admission of certain types of mechanical engineering goods

(as amended on January 31, 2015) “On establishing a ban on the admission of certain types of mechanical engineering goods originating from foreign countries for the purposes of procurement to meet state and municipal needs” (hereinafter referred to as Resolution No. 656) the admission of certain types of engineering goods originating from from foreign countries.

The list of such goods is contained in the annex to the said Resolution. For example, the List includes buses, firefighting vehicles, ambulances (paragraphs 18, 31, 33 of the List).

To clarify these provisions, the Ministry of Economic Development has prepared “On documentary confirmation of the country of origin of goods when purchasing certain types of mechanical engineering goods originating from foreign countries” and “On documents confirming the compliance of the auction participant and (or) the goods (work, service) offered by him with the admission conditions , prohibitions and restrictions established by the legislation of the Russian Federation in the field of procurement,” according to which it is explained that in order to confirm the compliance of the goods offered by a participant in a competition or auction with the prohibitions established by the customer in accordance with Resolution No. 656, the participant’s application must contain a certificate of origin of the goods.

On this issue, there is also “On documents submitted as part of an application for participation in an electronic auction for the purchase of mechanical engineering goods originating from foreign countries,” according to which, when conducting an electronic auction for the purchase of certain types of engineering goods originating from foreign countries, applications of participants auctions that do not contain in the second part the specified certificate of origin of the goods are rejected in accordance with paragraph 1 of part 6 of Article 69 of Law No. 44-FZ

The issue of the possibility of extending the ban on the admission of certain types of mechanical engineering goods originating from foreign countries for the purposes of procurement to meet state and municipal needs within the framework of procurement under Federal Law No. 223-FZ is explained in letters from the Ministry of Economic Development and. According to the meaning of these letters, Resolution No. 656 applies exclusively to customers specified in Article 3 of Law No. 44-FZ, and does not apply to Law No. 223-FZ.

GOVERNMENT OF THE RUSSIAN FEDERATION

ABOUT THE ESTABLISHMENT
PROHIBITIONS AND RESTRICTIONS ON THE ADMISSION OF GOODS ORIGINATING
FROM FOREIGN COUNTRIES, WORK (SERVICES) PERFORMED
(PROVIDED BY) FOREIGN PERSONS, FOR IMPLEMENTATION PURPOSES
PURCHASE OF GOODS, WORKS (SERVICES) FOR THE NEEDS OF DEFENSE OF THE COUNTRY
AND STATE SECURITY

No. 1470, dated July 18, 2016 No. 684)

3(1). The Ministry of Industry and Trade of the Russian Federation shall develop and approve, before January 1, 2016, the procedure for issuing the conclusion specified in paragraph 2 of this resolution.

3(2). The Ministry of Industry and Trade of the Russian Federation shall, no later than the third quarter of 2016, hold consultations with interested executive authorities of the member states of the Eurasian Economic Union on the issue of determining the mechanism for classifying goods as goods produced on the territory of the member states of the Eurasian Economic Union.

4. Recognize as invalid the Decree of the Government of the Russian Federation of February 7, 2011 No. 56 “On the establishment of prohibitions and restrictions on the admission of goods originating from a foreign state or a group of foreign states, works (services) performed (rendered) by foreign persons, within the framework of placing orders for the supply of goods, performance of work, provision of services for the needs of national defense and state security" (Collected Legislation of the Russian Federation, 2011, No. 7, Art. 987).

6. This resolution does not apply to procurement by the Ministry of Internal Affairs of the Russian Federation, the Federal Security Service of the Russian Federation, the Federal Security Service of the Russian Federation, the Foreign Intelligence Service of the Russian Federation, the Federal Service for Technical and Export Control and the Administration of the President of the Russian Federation.

Chairman of the Government
Russian Federation
D.MEDVEDEV

Application
to the Government resolution
Russian Federation
dated December 24, 2013 No. 1224

LIST OF PRODUCTS

(as amended by Decree of the Government of the Russian Federation dated December 29, 2015 No. 1470)

Foundry machines used in metallurgy or foundry

Machines for processing any material by removing material using a laser or other light or photon beam, ultrasonic, electric discharge, electrochemical, electron beam, ion beam or plasma arc processes, water jet cutting machines

Machining centers, single- and multi-position aggregate machines for metal processing

Metal-cutting lathes (including multi-purpose lathes)

Metal-cutting machines (including linear modular machines) for drilling, boring, milling, cutting external or internal threads by removing metal

Machines for roughing and grinding, sharpening, grinding, honing, lapping, polishing and for performing other finishing operations on metals or cermets using grinding stones, abrasives or polishing agents

Longitudinal planing, cross-planing, slotting, broaching, gear cutting, gear grinding or gear finishing machines, sawing, cutting and other machines for processing metals or cermets by removing material

Machine tools (including presses) for working metals by die forging, forging or stamping, machine tools for working metals (including presses) by bending, edging, straightening, cutting, punching or notching, presses for working metals or metal carbides

Machine tools for processing metals or cermets without removing material, other

Machine tools (including machines for assembly by nails, staples, glue or other means) for working wood, cork, bone, hard rubber, hard plastics or similar hard materials

Measuring or control instruments, devices and machines for measuring or controlling geometric quantities

Note. In accordance with paragraph 6 of Article 3 of the Federal Law “On Industrial Policy in the Russian Federation”, industrial products in this resolution are understood as goods produced as a result of activities in the industrial sector.

The Government of the Russian Federation has adopted a number of measures that contribute to the development of the national economy, protection of the domestic market and support of domestic goods. One of these measures is a ban on the use of certain production sectors by state and municipal customers as part of procurement of goods of foreign origin. Let's take a closer look at this issue and determine the sequence of actions of the customer when purchasing such goods.

Scope of prohibitions

Normative act	RF PP No. 1236 dated November 16, 2015.
When to use	In any competitive procedures, as well as in procurement from a single supplier. Exception: the customer prepared and included in the documentation a justification for the impossibility of complying with the prohibition.
How to use	It is prohibited to purchase foreign products.
	The origin of the software is confirmed by information from the Russian software register or the EAEU software register.

Defense products are taboo

Currently, bans have been introduced on government procurement of foreign goods that are intended for the needs of national defense and state security, except in cases where analogues are not produced on the territory of the EAEU. Government Decree 9 of January 14, 2017 refers to such products:

• ban on purchases of aviation products and equipment (helicopters);
• cars, vehicles;
• construction equipment: bulldozers, rollers, dumps, graders;
• plastic products;
• textile products;
• rolled steel, pipes, stone, limestone, sand, etc.

The list consists of the product name and code according to OKPD-2 (OK 034-2014 (KPES 2008)). For example, Decree of the Government of the Russian Federation 9, paragraph 42 - these are cutting wheels (23.91.11.150).

Normative act	RF PP No. 9 dated January 14, 2017.
When to use	In any competitive procedures and procurement from a single supplier in order to fulfill: state programs; long-term (federal) targeted programs in the field of defense and security; state weapons programs; other activities within the framework of the State Defense Order; procurement of technical and industrial components for customers directly related to ensuring the defense and security of the state. Exceptions to PP No. 9 are listed in paragraph 4. For example, the rules do not apply if it is necessary to ensure the interaction of purchased goods with goods used by the customer, the purchase of spare parts, etc.
How to use	It is prohibited to purchase any foreign products. Exception: such GWS are not produced on the territory of the EAEU. Until January 16, 2019, there is a ban on the admission of foreign goods (including the EAEU), if they are listed in the appendix to PP No. 9. The list includes machines, tools, light industry products, construction materials, vehicles, special equipment, and electrical equipment.
What needs to be attached to the application for participation	Conclusion on confirmation of industrial production in Russia. It is issued by the Ministry of Industry and Trade according to the rules of PP No. 719 dated July 17, 2015. If the products are not included in the annex to GD No. 719 dated July 17, 2015, then GD No. 9 does not establish requirements for what specific document to confirm the country of origin. Please take into account paragraph 6 of the review of judicial practice of the Supreme Court dated June 28, 2017. The court decided that if a ban is established under PP No. 9, then the auction participant must provide a document confirming the country of origin of the goods. Such a document may be the ST-1 certificate.
Is it possible to include in the purchase both goods not from legal acts and from legal regulations?	It is forbidden.

It is prohibited to purchase foreign furniture

PP No. 1072 dated 09/05/2017 prohibits the purchase of foreign products, no matter what it is made of: wood, plastic or metal. This also includes upholstered furniture, including mattresses, couches, and sofas with a wooden frame. The ban is valid until December 1, 2019.

There are exceptions for furniture that:

• produced in the EAEU member states;
• purchased on special basis;
• has no analogues in the EAEU and meets the criteria of PP No. 719 dated July 17, 2015.

It has also been established that the wooden slabs from which furniture is assembled must also be made from materials and semi-finished products from the EAEU.

All rules for goods from the furniture and woodworking industries are collected in the table.

Normative act	RF PP No. 1072 dated 09/05/2017.
When to use	Applicable from 12/01/2017 to 12/01/2019. It is prohibited to purchase foreign goods according to the list during any competitive procedures, as well as purchases from a single supplier. Additional requirement: use domestic materials (EAEU) when conducting competitions with limited participation, two-stage competitions, closed competitions with limited participation, closed two-stage competitions or auctions (Part 2 of Article 31 of Law No. 44-FZ).
How to use	It is prohibited to purchase foreign products (except for the EAEU). Additional requirement: use domestic materials (EAEU) from points 1 and 2 of the list in the production of goods from points 4-6 and 12-28 of the list.
What needs to be attached to the application for participation	Any of the documents from paragraphs 2-4 of the criteria for confirming the production of industrial products on the territory of the Russian Federation (approved by PP No. 550 of May 10, 2017): A copy of the SPIC and the conclusion of Mipromtorg on the fulfillment of obligations. Examination report (issued by the Chamber of Commerce and Industry according to Order No. 52 dated May 30, 2018). Certificate ST-1 (issued by the Chamber of Commerce and Industry according to Order No. 29 dated April 2, 2018).
Is it possible to include in the purchase both goods not from legal acts and from legal regulations?	When combining, be prepared to confirm the technological and functional relationship of the goods.

Purchases from Turkish companies

Separately, it is worth talking about the prohibitions that are associated with the purchase of goods and work performed by organizations under the jurisdiction or controlled by citizens of the Republic of Turkey.

It should be noted that Resolution No. 1457 dated December 29, 2015 has become invalid. Previously, since 2016, work and services for government needs could not be ordered from Turkish companies. On May 31, 2017, the President canceled these special economic measures by Decree No. 244 dated May 31, 2017.

The ban on Turkish goods under 44-FZ continues to apply. According to Government Decree No. 1296 dated November 30, 2015, certain agricultural products whose country of origin is the Republic of Turkey are prohibited from being imported into the Russian Federation. Currently, the list only includes tomatoes, fresh or chilled.