<СОГЛАШЕНИЕ МЕЖДУ ПРАВИТЕЛЬСТВОМ СОЕДИНЕННЫХ ШТАТОВ АМЕРИКИ И ПРАВИТЕЛЬСТВОМ РОССИЙСКОЙ ФЕДЕРАЦИИ ОБ УРЕГУЛИРОВАНИИ ПЛАТЕЖНЫХ ОБЯЗАТЕЛЬСТВ РОССИЙСКОЙ ФЕДЕРАЦИИ ПО ВНЕШНЕМУ ДОЛГУ БЫВШЕГО СССР> [англ.](Вместе с <ДОГОВОРАМИ, УСЛОВИЯ КОТОРЫХ ПЕРЕСМАТРИВАЮТСЯ ПРИ РЕСТРУКТУРИЗАЦИИ>, <СВОДКАМИ КОНСОЛИДИРОВАННЫХ И НЕКОНСОЛИДИРОВАННЫХ СУММ ЗАДОЛЖЕННОСТИ>, <ДОПОЛНИТЕЛЬНЫМИ УСЛОВИЯМИ ПОГАШЕНИЯ КРЕДИТА ПЕРЕД ТОВАРНО-КРЕДИТНОЙ КОРПОРАЦИЕЙ>, <УСЛОВИЯМИ ПОГАШЕНИЯ ЗАДОЛЖЕННОСТИ ПРИ УРЕГУЛИРОВАНИИ РАСЧЕТОВ ПО ЛЕНД-ЛИЗУ>)(Заключено в г. Москве 26.05.2000)
AGREEMENT
BETWEEN THE GOVERNMENT OF THE UNITED STATES
OF
AMERICA AND THE GOVERNMENT OF THE RUSSIAN FEDERATION
REGARDING THE
RESCHEDULING OF CERTAIN DEBTS OWED TO OR
GUARANTEED BY THE UNITED STATES
GOVERNMENT
(Moscow, 26.V.2000)
In accordance with the recommendations
contained in the Agreed Minute on the Reorganization of the Debt of the Russian
Federation, signed at Paris on August 1, 1999 (the "Minute") by representatives
of certain governments, including the Government of the United States (the
"Participating Creditor Countries"), and by representatives of the Government of
the Russian Federation;
In light of the April 2, 1993 Declaration by the
Government of the Russian Federation confirming its liability to foreign
creditors for the debts of the former Soviet Union described therein and the
April 2, 1993 Statement by the Representatives of the Governments of the
Participating Creditor Countries concerning such debts;
The Government of
the United States of America (the "United States") and the Government of the
Russian Federation (the "Russian Federation") agree as follows:
Article
I
Application of the Agreement
1. In accordance with the terms and
conditions of this Agreement the United States and the Russian Federation agree
to consolidate and reschedule certain payments with respect to debts owed to or
guaranteed by the United States Government or the Commodity Credit Corporation
("CCC"), an agency and instrumentality of the United States.
2. This
Agreement shall be implemented between: (a) the Russian Federation and the
United States Department of the Treasury with respect to the Contracts specified
in Article II (1)(a), (1)(b), and (1)(e) below; and (b) the Russian Federation
and CCC with respect to the Contracts specified in Article II (1)(b), (1)(c),
(1)(d), and (1)(e) below. In implementing the Agreement, each agency shall
notify the Russian Federation of the amounts consolidated and/or deferred
hereunder and of a principal schedule of those amounts, in conformity with this
Agreement and its annexes.
Article II
Definitions
1. "Contracts"
means:
(a) The Settlement of Lend Lease, Reciprocal Aid and Claims
Agreement, signed October 18, 1972 (the "1972 Settlement Agreement"), and the
related Agreement Regarding Settlement of Lend Lease Accounts, effected by a
June 1, 1990 exchange of letters, which remain in force between the United
States and the Russian Federation.
(b) The bilateral debt rescheduling
agreement ("1993 Rescheduling Agreement") between the United States and the
Russian Federation signed on September 30, 1993.
(c) The bilateral debt
rescheduling agreement ("1994 Rescheduling Agreement") between the United States
and the Russian Federation signed on October 25, 1994.
(d) The bilateral
debt rescheduling agreement ("1995 Rescheduling Agreement") between the United
States and the Russian Federation signed on October 9, 1995.
(e) The
bilateral debt rescheduling agreement ("1997 Rescheduling Agreement") between
the United States and the Russian Federation signed on February 6, 1997.
A table listing the relevant Contracts to be included under this rescheduling is
attached hereto as Annex A.
2. "Consolidation Period" means the period
from July 1, 1999 through December 31, 2000, inclusive.
3. "Consolidated
Amounts" means one hundred (100) percent of the sum of unpaid principal and
interest falling due during the Consolidation Period with respect to the 1972
Settlement Agreement, including unpaid principal and interest falling due on
July 1, 2000, in respect of amounts deferred in 1994, 1995, 1996, and 1999
pursuant to the terms of the 1972 Settlement Agreement.
4. "Previously
Rescheduled Consolidated Amounts" means:
(a) One hundred (100) percent of
the sum of principal and interest that was due and unpaid as of June 30, 1999
(including late interest), excluding Previously Rescheduled Non-Consolidated
Amounts as defined in Paragraph 6 of this Article, with respect to:
(i) the 1993 Rescheduling Agreement, excluding amounts
that
were reorganized in accordance with Article III (2)(d)
of that
agreement;
(ii) the 1994 Rescheduling Agreement;
(iii) the 1995 Rescheduling Agreement; and
(iv) the 1997
Rescheduling Agreement; and
(b) One hundred (100) percent оf the sum of
unpaid principal and interest falling due during the Consolidation Period with
respect to:
(i) the 1993 Rescheduling Agreement, excluding
amounts
that were reorganized in accordance with Article III
(2)(d)
of that agreement;
(ii) the 1994 Rescheduling
Agreement;
(iii) the 1995 Rescheduling Agreement; and
(iv) the 1997 Rescheduling Agreement.
5. "1993 Non-Consolidated
Amounts" means:
(a) One hundred (100) percent of the sum of principal and
interest which was due and unpaid as of June 30, 1999 (including late interest)
with respect to Article III (2)(d) of the 1993 Rescheduling Agreement; and
(b) One hundred (100) percent of the sum of unpaid principal and interest
falling due during the Consolidation Period with respect to Article III (2)(d)
of the 1993 Rescheduling Agreement.
6. "Previously Rescheduled
Non-Consolidated Amounts" means one hundred (100) percent of the sum of
principal and interest (including late interest accrued as of December 31, 1998
pursuant to the corresponding Contracts) which fell due between August 1, 1998
and December 31, 1998, and was unpaid as of June 30, 1999, with respect to:
(i) the 1993 Rescheduling Agreement, excluding amounts that were reorganized
in accordance with Article III (2)(d) of that agreement;
(ii) the 1994
Rescheduling Agreement;
(iii) the 1995 Rescheduling Agreement; and
(iv) the 1997 Rescheduling Agreement.
Article III
Terms and Conditions
of Payment
1. The Russian Federation agrees to repay the Consolidated
Amounts, Previously Rescheduled Consolidated Amounts, 1993 Non-Consolidated
Amounts, Previously Rescheduled Non-Consolidated Amounts, and interest on such
amounts in United States dollars in accordance with the following terms and
conditions:
(a) The Consolidated Amounts shall be repaid in thirty-eight
(38) consecutive semi-annual installments payable on February 20 and August 20
of each year, commencing on February 20, 2002, according to the following
schedule:
0,90% on February 20, 2002; 0,90% on August 20,
2002;
1,68% on February 20, 2003; 1,78% on August 20,
2003;
2,08% on February 20, 2004; 2,18% on August 20,
2004;
2,29% on February 20, 2005; 2,40% on August 20,
2005;
2,43% on February 20, 2006; 2,43% on August 20,
2006;
2,55% on February 20, 2007; 2,68% on August 20,
2007;
2,81% on February 20, 2008; 2,94% on August 20,
2008;
3,08% on February 20, 2009; 3,23% on August 20,
2009;
3,37% on February 20, 2010; 3,53% on August 20,
2010;
3,69% on February 20, 2011; 3,85% on August 20,
2011;
4,02% on February 20, 2012; 4,20% on August 20,
2012;
4,38% on February 20, 2013; 4,57% on August 20,
2013;
4,76% on February 20, 2014; 4,96% on August 20,
2014;
5,17% on February 20, 2015; 5,38% on August 20,
2015;
5,60% on February 20, 2016; 2,16% on August 20,
2016;
0,50% on February 20, 2017; 0,50% on August 20,
2017;
0,50% on February 20, 2018; 0,50% on August 20,
2018;
0,50% on February 20, 2019; 0,50% on August 20,
2019;
0,50% on February 20, 2020; 0,50% on August 20,
2020.
A table summarizing the amount of Consolidated Amounts owed to the
United States is attached hereto as Annex B.
(b) The Previously
Rescheduled Consolidated Amounts shall be repaid in thirty (30) consecutive
semi-annual installments payable on February 20 and August 20 of each year,
commencing on February 20, 2002, according to the following schedule:
0,90% on February 20, 2002; 0,90% on August 20, 2002;
1,68%
on February 20, 2003; 1,78% on August 20, 2003;
2,08% on
February 20, 2004; 2,18% on August 20, 2004;
2,29% on
February 20, 2005; 2,40% on August 20, 2005;
2,43% on
February 20, 2006; 2,43% on August 20, 2006;
2,55% on
February 20, 2007; 2,68% on August 20, 2007;
2,81% on
February 20, 2008; 2,94% on August 20, 2008;
3,08% on
February 20, 2009; 3,23% on August 20, 2009;
3,37% on
February 20, 2010; 3,53% on August 20, 2010;
3,69% on
February 20, 2011; 3,85% on August 20, 2011;
4,02% on
February 20, 2012; 4,20% on August 20, 2012;
4,38% on
February 20, 2013; 4,57% on August 20, 2013;
4,76% on
February 20, 2014; 4,96% on August 20, 2014;
5,17% on
February 20, 2015; 5,38% on August 20, 2015;
5,60% on
February 20, 2016; 6,16% on August 20, 2016.
A table summarizing
the amount of Previously Rescheduled Consolidated Amounts owed to the United
States and CCC is attached hereto as Annex C.
(c) The 1993
Non-Consolidated Amounts shall be repaid as follows: ninety (90) percent of the
sum of unpaid principal and interest (excluding late interest) which was due and
unpaid as of June 30, 1999 with respect to Article III (2)(d) of the 1993
Rescheduling Agreement; ninety (90) percent of the sum of unpaid principal and
interest falling due during the Consolidation Period with respect to Article III
(2)(d) of the 1993 Rescheduling Agreement; and one hundred (100) percent of late
interest due and unpaid as of June 30, 1999 with respect to Article III (2)(d)
of the 1993 Rescheduling Agreement shall be repaid in ten (10) equal and
consecutive semi-annual installments payable on February 20 and August 20 of
each year, commencing on February 20, 2001, and ending on August 20, 2005.
The remainder of the 1993 Non-Consolidated Amounts shall be repaid no later
than July 1, 2000.
A table summarizing the reprofiled portion of the 1993
Non-Consolidated Amounts owed to the United States and CCC is attached hereto as
Annex D.
(d) Seventy-six (76) percent of the Previously Rescheduled
Non-Consolidated Amounts, together with 100% of late interest accruing between
January 1, 1999 and June 30, 1999 on Previously Rescheduled Non-Consolidated
Amounts (excluding the late interest portion thereof), shall be repaid in ten
(10) equal and consecutive semi-annual installments payable on February 20 and
August 20 of each year, commencing on February 20, 2001, and ending on August
20, 2005.
The remaining amounts of the Previously Rescheduled
Non-Consolidated Amounts shall be or have been repaid as follows:
-
Ninety-one (91) percent was due no later than November 30, 1999;
- Nine
(9) percent shall be repaid no later than July 1, 2000.
A table of the
reprofiled portion of the Previously Rescheduled Non-Consolidated Amounts owed
to the United States and CCC is attached hereto as Annex E.
2. (a)
Interest shall accrue under this Agreement at the rate of 6.5 percent per annum.
The rate is based on the U.S. Treasury average market yields in effect on the
date of signature of this Agreement for a 10 year loan maturity plus one-half of
one percent. Interest shall accrue as follows:
(i) with respect
to the Consolidated Amounts, Previously
Rescheduled Consolidated
Amounts as defined in
Article II (4)(b), and 1993
Non-Consolidated Amounts as
defined in Article II (5)(b),
beginning on the due dates
specified in the corresponding
Contracts; and
(ii) with respect to the Previously
Rescheduled
Consolidated Amounts as defined in Article II (4)(a),
1993
Non-Consolidated Amounts as defined in Article II (5)(a),
and
Previously Rescheduled Non-Consolidated Amounts, beginning
on
July 1, 1999.
(b) Interest shall be paid on February 20 and
August 20 of each year, beginning on August 20, 2000.
(c) In the event
any installment of Consolidated Amounts, Previously Rescheduled Consolidated
Amounts, 1993 Non-Consolidated Amounts and Previously Rescheduled
Non-Consolidated Amounts is not paid within 15 days of the due date specified in
this Agreement, such installment shall thereafter accrue interest until paid in
full at the rate of 6.5 percent per annum plus one-half of one percent.
3. It is understood that adjustments may be made, as necessary and as mutually
agreed in writing, in the amounts of Consolidated Amounts, Previously
Rescheduled Consolidated Amounts, 1993 Non-Consolidated Amounts, and Previously
Rescheduled Non-Consolidated Amounts.
Article IV
General
Provisions
1. The provisions of Article III of this Agreement will continue
to apply unless:
(a) the Russian Federation has failed to make the
payments due November 30, 1999, as provided for in Article III of this
Agreement, and the Chairman of the Paris Club notifies the Russian Federation
that the provisions of the Minute cease to apply; or
(b) the Russian
Federation prior to March 31, 2000, ceases to have an appropriate arrangement
with the International Monetary Fund, and the Chairman of the Paris Club
notifies the Russian Federation that the provisions of the Minute cease to
apply; or
(c) the Russian Federation prior to December 31, 2000 fails to
make the payments due to the Participating Creditor Countries as specified in
the Minute, and the Chairman of the Paris Club notifies the Russian Federation
that the provisions of the Minute cease to apply.
2. Notwithstanding any
terms of this Agreement to the contrary, if the provisions of Article III of
this Agreement are suspended or the Agreement is terminated pursuant to Article
IV (1) above, all payments under the Contracts shall be made according to the
terms and conditions of the Contracts and payments that are past due according
to such Contracts shall be paid immediately.
3. Except with respect to
interest rates, the Russian Federation agrees to grant the United States and CCC
treatment and terms no less favorable than that which it has accorded, or which
it may accord, any other creditor country
