Commission on development of strategic information systems

The commission on development of strategic information systems (the complete name - the Commission on normative - to legal support of development of high technologies of strategic information systems) was formed in November, 2013 at the Russian State Duma Committee on science and high technologies.

Treat the purposes of the Commission: preparation of suggestions for improvement of normative legal support and regulation of the relations in the field of creation and development of strategic ICs, distribution of positive experience of implementation and implementation of high technologies of strategic ICs in the subjects of the Russian Federation and also carrying out the analysis of legal regulation and law-enforcement practice of the direction of strategic ICs.

Activity

Development of determination domestic manufacturing ICT

Within a nation-wide course towards import substitution within the Commission in 2014 the working group on preparation of amendments in the law with the purpose to prepare measures of support of domestic developers was created. The National association of innovations and information technology development (NAIRIT) headed the working group.

Development of determination of domestic manufacturer of an ICT product became one of the main areas of work of group in 2014. The first commission session on this subject in which a number of the leading IT associations took part took place at the beginning of July, 2014. Then views of the Commission and associations of the discussed concept significantly dispersed.

So, the Commission suggested to consider manufacturing ICT domestic if the share of the foreign capital in it does not exceed 25% minus 1 action and also if more than 75% of its sales take place in Russia, she is a tax and legal resident of the Russian Federation, and the share of foreign citizens as a part of its personnel does not exceed 25%.

Representatives of associations did not agree with these criteria and, in turn, elaborated own criteria concerning what software can consider domestic. They suggested to consider like that software if the exclusive rights to it belong to citizens of the Russian Federation, the companies which for 51% belong directly or indirectly to citizens of Russia or the state and also the Russian subjects and municipalities.

Under this opinion ARPP "Domestic Software" (about 40 member companies),NP RUSSOFT (more than 70 companies),NP RASPO (association of developers of the free software) and Association of producers of the electronic equipment and devices which includes about 40 enterprises subscribed.

President of NAIRIT Olga Uskova

In October, 2014 NAIRIT announced that the Commission approved a final version of amendments in the law on this matter. The decision to refuse the edition of the amendments ordering to consider the company provided in July - manufacturing ICT domestic was made, "if the share of the foreign capital in it does not exceed 25%-1 action which more than 75% of sales take place in Russia, she is a tax and legal resident of the Russian Federation as a part of personnel of which a share of foreign citizens does not exceed 25%".

Instead the Commission agreed with determination to consider the company - manufacturing ICT domestic if in it more than 50% of shares in authorized capital, actions and other instruments of corporate control belong to the citizen or a group of citizens of the Russian Federation which are constantly living in the territory of Russia and not having a double citizenship or the state. Also subjects and municipal entities, and the Russian public companies (for example, state corporations), municipal unitary enterprises or organizations concern state owners.

"The commission excluded from determination domestic manufacturing ICT of a possibility of presence of a double citizenship at its owner and not possession of the status of the tax resident of the Russian Federation. At the same time, understanding that momentary introduction of similar measures can create difficulties at the IT companies aiming to fit this definition, the decision to postpone introduction them in force until January 1, 2016", says NAIRIT was made.

The commission of the State Duma also made the decision on easing of the requirement of obligation of absence in determination of the Russian ICT product of the components requiring runtime royalty fees to the foreign companies or their subsidiaries registered in the territory of the Russian Federation. The decision on introduction and development of the special qualifier approved by the government which will allow to regulate the allowed volumes of runtime royalty fees was made.

The president of NAIRIT Olga Uskova believes that taking into account high relevance of this subject and also need of the fastest accomplishment of order of the president about import substitution in IT, legislators have every chance to adopt these bills until the end of the year.