Starting from January 1, 2025, the national treatment will apply to all goods, works, and services procured under Federal Law 44. Russian products and suppliers will have an advantage over foreign suppliers.
Key Provisions
The regulatory framework is established in Article 14 of Federal Law 44 and Government Decree No. 1875 dated December 23, 2024. The applicability of the regime to specific goods can be verified using the OKPD2 code.
Prohibitions on Foreign Goods Procurement
The prohibitions apply to competitive procedures and purchases from a single supplier. The list of prohibited items includes:
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Paper
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Medical furniture
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Software and databases
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Audit and consulting services
Exceptions are provided in the following cases:
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Absence of analogues in Russia (requires permission from the Ministry of Industry and Trade)
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Lease purchases
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Single-item purchases costing up to 300,000 ₽
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Contracts costing up to 1,000,000 ₽
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Compatibility requirements with existing goods
Restrictions and the “Second Extra” Rule
The list of restricted procurement items includes industrial goods, electronics, food products, medical devices, and medicines. The “second extra” rule applies: if there is at least one application with Russian goods, foreign applications are rejected.
Advantages for Domestic Suppliers
Example of advantage application:
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Participant 1 (foreign goods): 1,200,000 ₽
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Participant 2 (Russian goods with ST-1 certificate): 1,350,000 ₽
During bid evaluation, the Russian participant’s price is reduced by 15%:
1,350,000 ₽ − 15% = 1,147,500 ₽
The Russian participant wins, and the contract is concluded at the original price of 1,350,000 ₽.
Determination of Maximum Contract Price (NMCK)
Starting from 2025, customers are obliged to:
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Consider national treatment requirements when justifying NMCK
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Send requests to at least three companies from the GISP
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If no suppliers are found in GISP, contact participants from the EAEU or use data from the EIS Contracts Registry
Exemptions from National Treatment Application
The following are exempt from applying the national treatment:
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Foreign intelligence agencies and FSB
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State security structures
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Rosgvardia units when performing security tasks
Additional Information
The company Equilibrium provides support to customers and suppliers in the correct application of national treatment norms under Federal Law 44, monitoring all changes in the public procurement sphere.
