The Ministry of transport has prepared a draft law that requires investors in the construction of seaports to provide financial guarantees for the obligations of the commissioning of projects and volume of investments. As predicted by “Kommersant”, we are talking about providing security in the form of cash, Bank guarantee or guarantee. If the investor violates the promises, it loses security as well as already incurred investments. In addition, the government then cancelled the land lease agreements. The mechanism should protect the state from long-term construction and pre-cut projects with low chances for implementation.The Ministry of transport intends to amend the law on sea ports and other documents in order to create obligations for investors in the construction of seaports. The bill published on regulation.gov.ru. As noted in the explanatory Memorandum, the amendments are needed to “address the risks of non-realization by private investor commitments for the construction or reconstruction of objects of infrastructure of sea ports”.It should agree to the Rosmorrechflot, and only after that the project can be included in the strategic planning documents of the Russian Federation. Requirements for the content of such declarations (pre-materials investor on the development and implementation of the project) and the coordination procedure approved by the Ministry of transport.The Declaration spells out the obligations of the investor under the terms and investments as well as to provide security for the performance of the agreement. The security can be provided in the form of cash, Bank guarantee or surety. The choice of the method remains with the investor. The amount of security in the document is not specified.The agreement prescribes the liability of the investor for failure to fulfill the commitments and liabilities of Rosmorrechflot and the Supreme Executive body of state power of a subject of the Russian Federation on transfer of the investor in rental property, land, etc., required for the investor to implement the project. If the investor violates the terms of the agreement — tear terms, investing insufficient funds, the agreement is broken, and incurred by the investor costs not reimbursed to him. It is also subject to termination of contracts of lease of land and other properties.In this context, the land provided to investors for projects, they are not used. For example, suspended four projects in the far East and two in the Azov-black sea basin due to the lack of investors the possibility of financing them. Now the government is thinking about how to exclude such projects from the comprehensive plan the main infrastructurebased community is very skeptical about the introduction of new requirements to invest��ditch. Kommersant’s sources in the industry pointed out that, imposing additional obligations on investors, you need to provide the same liability guarantee from the state, for example for the construction of the supply infrastructure to the ports. Interlocutors “” has noted possible significant increase in risks for investors and lower interest business in the implementation of projects.Anastasia Vedeneeva
