Additional Agreement No. 1 To Contract between OAO Rostelecom and OJSC CenterTelecom No. 6479/05-DO(749-05-23) dated January 01, 2006
Exhibit 4.36.1
Additional Agreement No. 1
To Contract between OAO Rostelecom and OJSC CenterTelecom
No. 6479/05-DO(749-05-23) dated January 01, 2006
Moscow |
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Dated: « » 2006 |
Rostelecom, Open Joint-Stock Company for Long-Distance and International Telecommunications, hereinafter, “Rostelecom”, represented by OAO Rostelecom General Director Dmitry Yevgenievich Yerokhin, authorized to act by the Charter, on the one part, and Central Telecommunication Company, Open Joint-Stock Company (OJSC CenterTelecom), hereinafter referred to as the “Operator”, represented by General Director S.V. Pridantsev, authorized to act by the Charter, on the other part hereinafter collectively referred to as the “Parties”, and severally, as “Party”, have entered into this Additional Agreement (hereinafter, “the Agreement”) on the incorporation of the below-listed amendments to the Contract No. 6479/05-DO(749-05-23) entered into by the Parties on 01.01.2006 (hereinafter, “the Contract”), as follows:
1. Clause 1.6. of the Contract shall be amended as follows:
“1.6. Users” means persons, including subscribers, ordering and/or using the Services through the Operator, or through a communication operator whose communication network is connected to the Operator’s network at the local or zonal level and which is not an Affiliated Operator, provided that settlements with such persons for the Communication services provided by Rostelecom are effected by the Operator in accordance with the terms and conditions of this Agreement. The list of communication operators whose communication networks are connected to the Operator’s network at the local or zonal level, which are not Affiliated Operators, and settlements with which for the Communication services provided by Rostelecom are effected by the Operator in accordance with the terms and conditions of this Agreement, will be provided in a separate Additional agreement to be executed by the Parties on or after the effective date of this Agreement.”
2. Clause 1.4. of the Contract shall be amended as follows:
“1.4. “Accrued income” means payments to the Operator by the Users for the Telecommunication Services rendered in the corresponding month.”
Clause 1.7. of the Contract shall be amended as follows:
“1.7. “Revenue earned” means the income actually received by the Operator from the Users in the corresponding month on account of payment for the Telecommunication Services.
3. Clause 1.8. of the Contract shall be amended as follows:
“1.8 “Billing period” means a calendar month following the Reporting period”.
4. Clause 1.10. of the Contract shall be amended as follows:
“Long-distance communication services” shall mean a telephone connection between user (terminal) equipment connected to a local telephone telecommunication network and located within the territory of various constituent entities of the Russian Federation, or a telephone connection between user (terminal) equipment connected to a local telephone telecommunication network within the territory of a single constituent entity of the Russian Federation and user (terminal) equipment connected to a mobile telecommunication network, where the respective subscriber of that mobile telecommunication network is given a subscriber number included in
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the capacity of the numbering zone which is not identifiable geographically and assigned to a different constituent entity of the Russian Federation. For the purposes of this agreement, a telephone connection between Users of the Operator’s ABC Zones 498, 495 and 496 in the Moscow Region shall not be deemed a Long-distance communication service.
5. Article 1 of the Contract shall be supplemented with a new Clause 1.13 as follows:
“1.13. “Reporting period” means a calendar month during which Telecommunication Services were rendered to the Users”.
6. Paragraph 3.3.10 of the Contract shall be added by the following provision: “Draw up second copies of invoices” and add the words “second copies of invoices” before the words “of billing data”.
7. Amend Clause 5.7. with the words “on a monthly basis, as required”.
8. Appendix No. 3 shall be amended in version 2:
Appendix No. 3 (version 2)
to Contract No. 6479/05-DO(749-05-23)
dated January 01, 2006
Operator’s Report
on the accrued income paid for the Services rendered to the Users
under Contract No. 6479/05-DO(749-05-23) dated January 01, 2006
Form 1.1
The report on the volumes and accrued income for the international Telecommunication Services rendered to individuals (direction- and time-wise) in the ABC zone of the Operator
Direction |
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Direction code |
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In minutes |
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Tariff |
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Total |
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Tariff category |
1 |
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2 |
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3 |
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4 |
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5 |
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6 |
Total |
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X |
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X |
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Form 1.2
The report on the volumes and accrued income for the international Telecommunication Services rendered to self-sustained organizations (direction- and time-wise) in the ABC zone of the Operator
Direction |
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Direction code |
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In minutes |
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Tariff |
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Total |
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Tariff category |
1 |
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2 |
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3 |
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4 |
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5 |
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6 |
Total |
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X |
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X |
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Form 1.3
The report on the volumes and accrued income for the international Telecommunication Services rendered to budgetary organizations (direction- and time-wise) in the ABC zone of the Operator
Direction |
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Direction code |
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In minutes |
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Tariff |
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Total |
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Tariff category |
1 |
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2 |
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3 |
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4 |
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5 |
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6 |
Total |
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X |
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X |
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Form 1.4
The report on the volumes and accrued income for the long-distance Telecommunication Services rendered to individuals (direction- and time-wise) in the ABC zone of the Operator
Direction |
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Direction code |
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In minutes |
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Tariff |
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Total |
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Tariff category |
1 |
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2 |
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3 |
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4 |
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5 |
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6 |
Total |
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X |
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X |
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Form 1.5
The report on the volumes and accrued income for the long-distance telecommunications services rendered to self-sustained organizations (direction- and time-wise) in the ABC zone of the Operator
Direction |
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Direction code |
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In minutes |
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Tariff |
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Total |
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Tariff category |
1 |
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2 |
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3 |
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4 |
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5 |
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6 |
Total |
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X |
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X |
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Form 1.6
The report on the volumes and accrued income for the long-distance Telecommunication Services rendered to budgetary organizations (direction- and time-wise) in the ABC zone of the Operator
Direction |
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Direction code |
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In minutes |
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Tariff |
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Total |
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Tariff category |
1 |
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2 |
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3 |
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4 |
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5 |
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6 |
Total |
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X |
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X |
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Note to completion of Forms 1.1.-1.6:
1. Rostelecom offers the Operator the blank of the Forms 1.1-1.6 to be filled (in the Excel format). Attached to the Forms is the title-page. The form of the title-page for the Forms 1.1.-1.6:
(c) OAO Rostelecom, Main Computer Center
Name
of business entity |
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Document code |
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Business code |
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OKVED code |
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Director
of business entity |
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OKONKh code |
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Consolidated report attribute (1 character) |
0 |
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OKATO code |
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OKPO code (8 characters) |
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OKOGU code |
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Department OKPO code (8 characters) |
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OKOPF code |
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RF
constituent entity code (“Select” button, |
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OKFS code |
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Select: RF |
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OKUD form code (7 characters) |
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constituent entity |
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Report type (from list) |
01 |
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code: |
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Form code (2 characters) |
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OK |
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Subsystem code (3 characters) |
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Accounting year (4 characters) |
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Accounting month (from list) |
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Validate data entered in title page (TITUL) |
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Compiled by: |
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Contact telephone number: |
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Report compiled on: |
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Additional messages: |
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Postal code: (6 characters) |
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Postal address: |
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Operator code: (4 characters) |
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Outgoing ABC zone |
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When entering data in the template please use Notes (prompt messages) to the cells, select a parameter from the list (cells C13, C17) buttons: Select (“OK”) and “Validate data entered in title page” (TITUL)
2. The reports on the volumes and accrued income for the services rendered are drawn up for each ABC zone of the Operator in separate forms 1.1 - 1.6. At that, each of the forms includes the consolidations for the incoming directions of the connection (data aggregation is performed for each incoming direction, tariff and tariff category).
3. The Operator presents to Rostelecom the consolidated data for all ABC zones.
4. The transferred files must be named in accordance with the following name structure:
XXXX ZZZZZZ FFF CCCCCCC UU.xls,
· XXXX — four-digit sign-digit operator number assigned by Rostelecom
· ZZZZZZ — reporting period in the form YYYYMM
· FFF — conventional number of the form of the Operator’s report. For the reports 1.1.-1.6. acquires the value: 316 (Appendix 3 of the Forms 1.1 - 1.6 in one file)
· CCCCCCC — code of the outgoing ABC (up to seven digits);
· UU — ordinal number of the report. The ordinal number of the document sent by the Telecommunications Operator to Rostelecom for the first time is always indicated 00. In case of detection of discrepancy between the Operator’s data and the data of Rostelecom on the data contained in the file or its faulty filling the Operator prepares a new amended version of the file and sends it to Rostelecom in accordance with the conditions of the agreement. Every new version of the file is formed by means of increasing the document ordinal number by 1.
· In the column “Direction” of the Forms 1.1.-1.6 (below the “Total” line) the names of the directions are indicated (names of foreign countries or long-distance zones) with the division in accordance with the tariffs of Rostelecom into international and long-distance telecommunications, and in the column “Direction code” their codes are indicated (long-distance and international codes are indicated without additional prefixes).
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· In the columns “Tariff category” of the Forms 1.1-1.6 the conventional code of the entry affiliation to the tariff category is indicated. The list of the codes is drawn up by Rostelecom depending on the tariffs applied.
· In the reports on individuals (1.1, 1.4) the tariffs and totals must include the amounts of VAT. In the reports on self-sustained and budgetary organizations (1.2, 1.3, 1.5, 1.6.) the tariffs and totals must not include the amounts of VAT.
Form 1.7
The consolidated report of the Operator on the volumes and accrued income for the international and long-distance telecommunications rendered to all categories of users
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In roubles. |
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Direction |
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In minutes |
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Without VAT |
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VAT |
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Total |
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1 |
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2 |
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3 |
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4 |
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5 |
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International telecommunications, total |
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Individuals |
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Self-sustained organizations |
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Budgetary organizations |
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Long-distance telecommunications, total |
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Individuals |
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Self-sustained organizations |
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Budgetary organizations |
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total |
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Note to completion of Form 1.7:
1. Rostelecom offers the Operator the blank of Form 1.7 to be filled (in the Excel format). Attached to the Forms is the title-page. The form of the title-page for Form 1.7.:
(c) OAO Rostelecom, Main Computer Center
Name
of business entity |
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Document code |
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Business code |
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OKVED code |
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Director
of business entity |
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OKONKh code |
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Consolidated report attribute (1 character) |
0 |
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OKATO code |
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OKPO code (8 characters) |
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OKOGU code |
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Department OKPO code (8 characters) |
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OKOPF code |
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RF
constituent entity code (“Select” button, |
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OKFS code |
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Select: |
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OKUD form code (7 characters) |
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RF constituent entity code: |
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Report type (from list) |
01 |
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Form code (2 characters) |
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OK |
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Subsystem code (3 characters) |
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Accounting year (4 characters) |
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Accounting
month (from list) |
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Validate data entered in title page (TITUL) |
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Compiled by: |
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Contact telephone number: |
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Report compiled on: |
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Additional messages: |
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Postal code: (6 characters) |
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Postal address: |
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Operator code: (4 characters) |
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When entering data in the template please use Notes (prompt messages) to the cells, select a parameter from the list (cells C13, C17) buttons: Select (“OK”) and “Validate data entered in title page” (TITUL)
2. In Form 1.7. the Operator presents the consolidated data on the volume and accrued income for the services rendered during the reporting period in all ABC zones of the Operator.
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3. The transferred files must be named in accordance with the following name structure:
XXXX ZZZZZZ FFF UU.xls,
· XXXX — four-digit sign-digit operator number assigned by Rostelecom
· ZZZZZZ — reporting period in the form YYYYMM
· FFF — conventional number of the form of the Operator’s report. For the reports of Form 1.7. acquires the value: 317 (Appendix 3 of the Form 1.7. in one file)
· UU — ordinal number of the report. The ordinal number of the document sent by the Telecommunications Operator to Rostelecom for the first time is always indicated 00. In case of detection of discrepancy between the Operator’s data and the data of Rostelecom on the data contained in the file or its faulty filling the Operator prepares a new amended version of the file and sends it to Rostelecom in accordance with the conditions of the agency agreement. Every new version of the file is formed by means of increasing the document ordinal number by 1.
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Form 2. The Operator’s report on the payments for the long-distance and international telecommunications of OAO Rostelecom in
2.1. Service rendering, service payments, service arrears variation in , roubles, kopecks
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Service arrears
by the |
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Services rendered during the reporting month |
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Service payments
for the |
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For the |
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Long-distance telecommunications |
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International telecommunications |
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For the |
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Period
of |
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For the services |
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services |
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Services liable |
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Services liable to
income |
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Services liable |
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Services liable
to income |
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For the
services |
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services |
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month |
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year |
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Total sum |
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Including VAT |
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rate of 0% |
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Total sum |
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Including VAT |
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rate of 0% |
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Total sum |
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Including VAT |
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rate of 0% |
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Total sum |
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Including VAT |
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rate of 0% |
1 |
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2 |
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3 |
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4 |
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5 |
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6 |
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7 |
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8 |
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9 |
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10 |
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11 |
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12 |
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13 |
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14 |
Prepayment
accounted for service |
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Service arrears adjustment |
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Debt
write-off connected |
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Service
arrears by the end of |
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For the
services |
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For the
services |
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For the
services |
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For the
services |
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For the
services |
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For the
services |
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For the
services |
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For the
services |
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Total |
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Including |
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tax at
the |
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Total |
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Including |
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tax at
the |
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Total |
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Including |
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tax at
the |
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Total |
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Including |
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tax at the rate of 0% |
15 |
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16 |
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17 |
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18 |
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19 |
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20 |
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21 |
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22 |
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23 |
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24 |
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25 |
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26 |
7
2.2 Service prepayment flow in month, roubles, kopecks
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Prepayment arrears by the beginning of the reporting month |
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Prepayment received in the reporting month |
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Prepayment accounted for service payments in the reporting month |
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Prepayment period |
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For the services liable to income tax at the rate of 18% |
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For the services liable to income tax at the rate of 0% |
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For the services liable to income tax at the rate of 18% |
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For the services liable to income tax at the rate of 0% |
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Services liable to income tax at the rate of 18% |
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Services liable to income tax at the rate of 0% |
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Month |
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Year |
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total |
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Including VAT |
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total |
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Including VAT |
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total |
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Including VAT |
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total |
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Including VAT |
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Total sum |
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Including VAT |
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Total sum |
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Including VAT |
1 |
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2 |
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3 |
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4 |
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5 |
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6 |
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7 |
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8 |
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9 |
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10 |
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11 |
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12 |
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13 |
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14 |
Correction of prepayment arrears received in connection with inventory |
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Write-off of prepayment arrears received in connection with inventory |
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Prepayment arrears by the end of the reporting month |
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For the services liable to income tax at the rate of 18% |
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Services liable to income tax at the rate of 0% |
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For the services liable to income tax at the rate of 18% |
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Services liable to income tax at the rate of 0% |
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For the services liable to income tax at the rate of 18% |
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Services liable to income tax at the rate of 0% |
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total |
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Including VAT |
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Total sum |
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Including VAT |
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total |
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Including VAT |
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Total sum |
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Including VAT |
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total |
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Including VAT |
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Total sum |
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Including VAT |
15 |
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16 |
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17 |
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18 |
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19 |
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20 |
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21 |
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22 |
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23 |
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24 |
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25 |
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26 |
8
Note to completion of Forms 2.1.-2.2:
1. Rostelecom offers the Operator the blank of the Forms 2.1-2.2 to be filled (in the Excel format). Attached to the Forms is the title-page. The form of the title-page for the Forms 2.1.-2.2:
(c) OAO Rostelecom, Main Computer Center
Name of business entity (department) |
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Document code |
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Business code |
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OKVED code |
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Director of business entity (department) |
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OKONKh code |
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Consolidated report attribute (1 character) |
0 |
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OKATO code |
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OKPO code (8 characters) |
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OKOGU code |
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Department OKPO code (8 characters) |
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OKOPF code |
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RF constituent entity code (“Select” button, OK) |
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OKFS code |
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OKUD form code (7 characters) |
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Select: RF constituent |
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Report type (from list) |
01 |
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entity code: |
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Form code (2 characters) |
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OK |
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Subsystem code (3 characters) |
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Accounting year (4 characters) |
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Accounting month (from list) |
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Validate data entered in title page (TITUL) |
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Compiled by: |
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Contact telephone number: |
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Report compiled on: |
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Additional messages: |
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Postal code: (6 characters) |
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Postal address: |
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Operator code: (4 characters) |
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When entering data in the template please use Notes (prompt messages) to the cells, select a parameter from the list (cells C13, C17) buttons: Select (“OK”) and “Validate data entered in title page” (TITUL)
2. Forms 2.1 - 2.2 include consolidated data on the accrued and received income, the state of indebtedness and correction for all subsidiaries and ABC zones of the Operator.
3. The reports are filled out in the context of the periods of service rendering: one line of the report corresponds to one service period, the information is provided about service payment arrears, service rendering etc. during the current reporting period.
4. The columns “Correction of arrears...” and “Write-off of arrears...” are filled periodically and on the basis of the documents indicated in Appendix 9 hereto.
5. The transferred files must be named in accordance with the following name structure:
XXXX ZZZZZZ FFF UU.xls,
· XXXX- four-digit sign-digit operator number assigned by Rostelecom
· ZZZZZZ — reporting period in the form YYYYMM
· FFF — conventional number of the form of the Operator’s report. Can acquire the values: 321 (Appendix 3, Form 2.1), 322 (Appendix 3, Form 2.2)
· UU — ordinal number of the report. The ordinal number of the document sent by the Telecommunications Operator to Rostelecom for the first time is always indicated 00. In case of detection of discrepancy between the Operator’s data and the data of Rostelecom on the data contained in the file or its faulty filling the Operator prepares a new amended version of the file and sends it to Rostelecom in accordance with the conditions of the agency agreement. Every new version of the file is formed by means of increasing the document ordinal number by 1.
For Rostelecom: |
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For Operator: |
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General Director |
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General Director |
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OAO Rostelecom |
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OJSC CenterTelecom: |
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X.Xx. Yerokhin |
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S.V.Pridantsev |
Seal here |
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Seal here |
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9
9. Appendix No. 4 shall be amended in version 2:
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Appendix No. 4 (version 2) |
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to Contract No. 6479/05-DO(749-05-23) |
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dated January 01, 2006 |
Peculiarities
of the Interaction of Rostelecom and the Operator
for the Provision of the Observance of the VAT Law
1. Drawing up of invoices and submittal of documentation on VAT
The Operator draws up invoices in the form approved by the Governmental Regulation of the Russian Federation No.914 of 02.12.2000, only for the services of Rostelecom rendered to legal entities and individual entrepreneurs without the establishment of a legal entity, as well as for the prepayment services of Rostelecom rendered to the mentioned categories of Users.
The lines of the invoices are filled as follows:
Number |
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Order of filling out (what is indicated) |
1 |
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2 |
1 |
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Invoice number. The number has the structure XXXXXXXX.AAAAAAAA-PTK (21 characters), where XXXXXXXX — a unique number — the company code assigned to the Operator (legal entity) by Rostelecom. AAAAAAAA — invoice ordinal number. The uniqueness of the number is secured by the Operator. The unique number must be maintained at least within the framework of one reporting period. |
2 |
|
Company name (OAO Rostelecom) |
2a |
|
Legal address of the company (127091, Xxxxxx, Xxxxxxxxxxxx xx. 0) |
0x |
|
XXX 0000000000 / XXX of the direction of the company subsidiary, with which the agreement is concluded |
3 |
|
Dash |
4 |
|
Dash |
5 |
|
By invoicing (in a single copy) by the receipt of prepayment or by the rendering of the services at the expense of the earlier received prepayments — details of the payment-accounting document (payment order), otherwise — dash |
6 |
|
Name of the client (parent organization) |
6a |
|
Legal address of the client (parent organization) |
6b |
|
TIN of the client / KPP of the organization department of the client organization |
Column 1 of the invoice must contain the phrase “Long-distance telecommunications”, “International telecommunications” or “Long-distance and international telecommunications” the number and date of the agreement concluded between Rostelecom and the Users-legal entities, (if the like agreement was concluded by drawing up a single document) or the phrase Public offer of the OAO Rostelecom dt. (if the like agreement was concluded in any other way). The invoices for the services of Rostelecom rendered to the population, as well as for the prepayment for the services of Rostelecom received from the population are not drawn. For the registration in the account-book the Operator draws up (in a paper form) consolidated invoices: a) for the total cost of the Services of Rostelecom, rendered to the population during the reporting period; b) for the aggregate prepayments received from the individual user within the period under review on account of the rendering of the services by Rostelecom. In line 6 of such invoices the client name “Population” is indicated, and lines 6 a and 6 b are not filled. For the registration in the purchase book the Operator draws up a similar invoice for the sum of the prepayment received for the services of Rostelecom from the population, on account of which the services of Rostelecom were rendered in the reporting period.
To facilitate the signing of invoices for the Users for the services rendered by Rostelecom on behalf of Rostelecom, Rostelecom issues a power of attorney for the right of signing of invoices on behalf of Rostelecom to the Operator’s employees in accordance with the lists provided by the latter.
10
The Operator draws up reports in respect of the services of Rostelecom, the reports for the formation of sales and purchase logs by Rostelecom. The reports for the formation of sales and purchase logs are drawn up in accordance with the Regulations of keeping log books of the received and composed invoices, sales and purchase logs by the adjustment of VAT, approved by the Governmental Regulation of the Russian Federation PΦ No.914 of 02.12.2000, taking into consideration the specified details.
The Report for the formation of the sales log is drawn up in accordance with Form 1.
In the Report for the formation of the sales log the Operator registers the invoices for the services of Rostelecom, rendered to the Users during the reporting period, as well as the invoices for the prepayment received from the Users during the reporting period on account of the rendering of the services of Rostelecom. Besides, the Operator registers in the Report for the formation of the sales log the consolidated invoice for the cost of the services of Rostelecom, rendered to the population during the reporting period and the sum of the prepayment received from the Users during the reporting period on account of the rendering of the services of Rostelecom (see above). By the registration of such invoices in column 2 the client name “Population” is indicated, and columns 3, 3a, 3b of the Report are not filled. As regards the cost of the services of Rostelecom and the sum of the prepayment on account of the rendering of the services of Rostelecom, that were included into the consolidated invoices registered in the Report for the formation of the sales log, the Operator draws up a Register according to Form 2 (at that, the sums included into the Register are assigned the numeration of the corresponding invoices).
The Report for the formation of the purchase log is drawn up in accordance with Form 3.
In the Report for the formation of the purchase log the Operator registers the invoices for the prepayment for the services of Rostelecom, on account of which the services of Rostelecom were rendered during the reporting period. Besides, the Operator registers in the Report for the formation of the purchase log the consolidated invoice for the prepayment for the services of Rostelecom received from the population, on account of which the services of Rostelecom were rendered during the reporting period (see above). By the registration of such invoices in column 5 of the Report the seller name “Population” is indicated, and columns 3-4, 5a, 5b, 6 of the Report are not filled. As regards the prepayments included into the consolidated invoice registered in the Report for the formation of the purchase log, the Operator draws up a Register according to Form 4.
Every month, the Operator must present to Rostelecom the following documents:
· The Report for the formation of the sales log for the month under review (according to Form 1). The Report is presented in paper form (paper-bound, signed by the Director and Chief Accountant of the Operator) and in the electronic form (in the format DBF DBASE IV);
· The Report for the formation of the purchase log for the reporting month (according to Form 3). The Report is presented in paper form (paper-bound, signed by the Director and Chief Accountant of the Operator) and in the electronic form (in the format DBF DBASE IV);
· The Registers of the Services of Rostelecom and the prepayments included into the consolidated invoices registered in the Reports for the formation of the sales and purchase logs in the reporting month (according to Forms 2 and 4). The Registers are presented in the electronic form (in the format DBF DBASE IV).
All the indicated documents are drawn up and presented covering the activity of the Operator as a whole.
The Reports for the formation of the sales and purchase logs are presented no later than the 18th day of the month following the reporting month. The Registers of the Services of Rostelecom and the prepayments included into the consolidated invoices are presented no later than the 20th day of the third month following the reporting month.
11
2. The order of the application to the rendering of the services of the 0% VAT rate and the presentation of the documentation proving the validity of the application of the 0% VAT rate
In accordance with paragraph 7 entry 1 of article 164 of the Tax Code of the Russian Federation the 0% VAT rate is applied by the rendering of the services of Rostelecom for the official use by the international diplomatic and equated to them representatives or for personal use by the diplomatic or administrative and technical personnel of these representative offices, including the resident family members, provided the law of the corresponding foreign country establishes the similar order in relation to the diplomatic and equated to them representative offices of the Russian Federation and their employees or if the similar form is indicated in the international agreement of the Russian Federation.
At the time of the conclusion of the present agreement the list of the countries in relation to the diplomatic representative offices and employees of which the 0% VAT rate is applied, is established by the Letter of Ministry of Taxation and Charges of the Russian Federation No.P-6-23/382 of 01.04.2003 (with amendments). If after the conclusion of the present Agreement the Letter of MTC of the Russian Federation No.P-6-23/382 of 01.04.2003 is cancelled, in order to determine the list of the countries in relation to the diplomatic representatives and employees of which the 0% VAT rate should be applied, other duly approved and valid documents establishing the indicated list should be used. The possibility of the application of the 0% VAT rate to the foreign diplomatic representative office is determined in accordance with the list valid at the day of the rendering of the services of Rostelecom.
The 0% VAT rate is applied only in relation to the services rendered to the diplomatic and equated to them representatives by the subscriber numbers indicated in the agreement on the rendering of the long-distance and international telecommunications between Rostelecom (concluded by the Operator on behalf of Rostelecom) and the diplomatic representative office.
The 0% VAT rate is applied exceptionally on the condition of the presentation by the diplomatic and equated to them representative office to the Operator of an official letter of the representative (signed by the head of representative office or the substitute, sealed by the stamp of the representative office in question), confirming that the services of Rostelecom are intended for the official use by the representative offices or their employees.
The letter must contain the following phrase: “This is to confirm that the long-distance and international telecommunications rendered by OAO Rostelecom (Xxxxxxxxxxxx xx. 0, 000000, Xxxxxx) according to the public agreement No. dt. by the list of subscriber numbers given below are intended for the official use by the representative office”. The letter must contain the list of the subscriber numbers by which the services of Rostelecom are rendered, in relation to which the 0% VAT rate is applied, in the format: (code ABC, DEF) (subscriber number).
The Operator is obliged to provide the storing of the original of the indicated letters during the period of three years starting from the date of the end of the year in which the services of Rostelecom were rendered, and the presentation of these originals to Rostelecom in case of necessity.
In the case of the application of the 0% VAT rate the Operator must draw up the invoice for the diplomatic and equated to them representative office, indicating the fact of the rendering of the services of Rostelecom with the application of the 0%, VAT rate, with the xxxx “for diplomatic use”.
By non-performance of the application of the aforementioned conditions the Operator should apply to the rendering of the services of Rostelecom to the diplomatic and equated to them representative office of the 18% VAT rate.
In accordance with the Regulations of the application of the zero VAT rate by the selling of goods (works, services) for the official use by the foreign diplomatic and equated to them representative offices or for personal use by the diplomatic or administrative and technical employees of these representative offices, including the resident family members, established by the Governmental Regulation of the Russian Federation No.1033 of 30.12.2000, in order to
12
prove the validity of the application of the 0% VAT rate in relation to the services of Rostelecom, rendered to the diplomatic and equated to them representative offices during the reporting period, the Operator must present to Rostelecom:
· The Register of the Services by the rendering of which the 0% VAT rate was applied (hereinafter — Register), according to Form 5;
The Register is presented in paper form, signed by the Director and Chief Accountant of the Operator, as well as in the electronic form (format DBF DBASE IV).
· The copies of the letters of the diplomatic and equated to them representative offices listed in the Register, drawn up as indicated above and confirming that the Services of Rostelecom are intended for the official use by the representative office or their employees;
· The copies of the invoices indicated in the Register, in which it must be indicated that the Services of Rostelecom were rendered with the application of the 0% VAT rate, with the xxxx “for diplomatic use”;
· The copies of the agreements with the diplomatic and equated to them representative offices listed in the Register, concluded by the Operator on behalf of Rostelecom for the rendering of the Rostelecom Services.
All the indicated documents are drawn up and presented covering the activity of the Operator as a whole.
The indicated documents are presented by the Operator no later than the 14th day of the month following the reporting month.
13
Form 1
The Report for the formation of the sales log
|
|
Unique identifier of |
|
Details of the seller’s invoice |
|
|
|
|
|
|
|
Date of payment of the seller’s invoice (by receipt of prepayment or by rendering of services on account of the earlier received |
|
Sales total, |
|
||
Form number |
|
the recipient |
|
Number |
|
Date |
|
Name of |
|
TIN of |
|
KPP of |
|
prepayments) |
|
including |
|
|
|
|
|
1a |
|
1b |
|
2 |
|
3 |
|
3a |
|
3b |
|
4 |
|
|
|
|
|
X |
|
X |
|
Total |
|
X |
|
X |
|
X |
|
|
|
|
|
|
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
|
|
|
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
Including |
|
||||||||||||||
Sales liable to taxation at the rate of |
|
|
|
||||||||||||
18 per cent (5) |
|
10 per cent (6) |
|
|
|
20 per cent (8) |
|
Purchases |
|
||||||
Cost of sales without VAT (roubles, kopecks) |
|
VAT amount (roubles, kopecks) |
|
Cost of sales without VAT (roubles, kopecks) |
|
VAT amount (roubles, kopecks) |
|
0 per cent (roubles, kopecks) |
|
Cost of sales without VAT (roubles, kopecks) |
|
VAT amount (roubles, kopecks) |
|
exempt from taxation (roubles, kopecks) |
|
5a |
|
5b |
|
6a* |
|
6b* |
|
7 |
|
8a* |
|
8b* |
|
9* |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
Invoice indication (prepayment invoice-01/ service payment invoice-02) |
|
Indication of services liable to taxation at the rate of 0% VAT (1) |
|
Number of the payment-accounting document — payment order (by receipt of prepayment or by rendering of services at the expense of the earlier received prepayment). |
|
Legal address of the client (parent organization) |
|
10** |
|
11*** |
|
12 |
|
13 |
|
X |
|
X |
|
X |
|
X |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
* - the columns are not filled.
** - the indication 01 is used only for the registration in the sales log of the invoices for the prepayments received on account of the rendering of the services. By the registration of the invoices for the services, the payment for which was performed as prepayment, the indication 02 is used.
*** - the indication is used for the registration in the sales log of both the invoices for the services liable to taxation at the 0% VAT rate, and the invoices for the prepayments received on account of the rendering of the services liable to taxation at the 0% VAT rate.
14
Director |
|
(Full name) |
|
|
|
Chief accountant |
|
(Full name) |
The description of the fields for the DBF file
Field name |
|
Name |
|
Type, size |
|
Description |
1. |
|
Form_Numb |
|
N (2) |
|
Form number. Acquires the value of 41 |
2. |
|
Period_d |
|
C (7) |
|
Reporting period (MM.YYYY) |
3. |
|
Oper_code |
|
C(4) |
|
The code of the Operator is unique and is assigned by Rostelecom |
4. |
|
Subscrb_ID |
|
C(15) |
|
The unique identifier of the recipient of the xxxx. The identifier is formed by the Operator on the basis of the unique information in ACP (for instance, branch number, identifier of user, personal account number). The identifier must coincide with the identifier used by the transfer to the OAO Rostelecom of the user data, be unique within the borders of the whole company of the Operator, and must remain unchanged during the whole financial history of the user. |
5. |
|
Sel_f_num |
|
C (21) |
|
Details of the seller’s invoice Number |
6. |
|
Sel_f_date |
|
D |
|
Details of the seller’s invoice Date (DD.MM.YYYY) |
7. |
|
Cust_name |
|
C (180) |
|
Client name |
8. |
|
Cust_inn |
|
N (12) |
|
TIN of the client |
9. |
|
Cust_kpp |
|
N (9) |
|
KPP of the client |
10. |
|
Pr_brutto |
|
N (20.4) |
|
Sales total, including VAT |
11. |
|
Pr_net_18 |
|
N (20.4) |
|
Sales total, excluding VAT (roubles, kopecks) liable to taxation at the rate of 18 % (5) of the sales |
12. |
|
Nds_18 |
|
N (20.4) |
|
VAT amount (roubles, kopecks) liable to taxation at the rate of 18 % (5) of the sales |
13. |
|
Pr_net_10 |
|
N (20.4) |
|
Sales total, excluding VAT (roubles, kopecks) liable to taxation at the rate of 10% (5) of the sales |
14. |
|
Nds_10 |
|
N (20.4) |
|
VAT amount (roubles, kopecks) liable to taxation at the rate of 10 % (5) of the sales |
15. |
|
Pr_net_0 |
|
N (20.4) |
|
Including, the sales liable to taxation at the rate of 0 % |
16. |
|
Pr_net_20 |
|
N (20.4) |
|
Sales total, excluding VAT (roubles, kopecks) liable to taxation at the rate of 20 %* (8) of the sales |
17. |
|
Nds_20 |
|
N (20.4) |
|
VAT amount (roubles, kopecks) liable to taxation at the rate of 20 %* (8) of the sales |
18. |
|
No_nds |
|
N (20.4) |
|
Sales exempt from taxation (roubles, kopecks) |
19. |
|
Pay_priz |
|
N (2) |
|
Invoice indication (prepayment invoice-01/ service payment invoice-02) |
20. |
|
Nds_priz |
|
N (1) |
|
Indication of services liable to taxation at the rate of 0% VAT (1) |
21. |
|
Cust_adr |
|
C(200) |
|
Legal address of the client (parent organization) |
22. |
|
Cust_Pay_d |
|
D |
|
Date of liquidation of seller’s invoice |
23. |
|
Cust_Pay_n |
|
C(21) |
|
Number of the payment-accounting document — payment order (by receipt of prepayment or by rendering of services at the expense of the earlier received prepayment). |
15
Form 2
Register of the Services of Rostelecom and the prepayments on account of the rendering of the Services of Rostelecom, included into the consolidated invoices, registered in the sales log for
Form number |
|
Ref. No. |
|
Unique identifier of the recipient of the xxxx |
|
Name of User |
|
Address of individual |
|
TIN of the client-individual |
|
Invoice number |
|
Cost of services (including VAT, roubles, kopecks) |
|
Amount of VAT in service cost (roubles, kopecks) |
|
Invoice indication (prepayment invoice-01/ service payment invoice-02) |
|
|
|
1 |
|
|
|
2 |
|
3 |
|
4 |
|
5 |
|
6 |
|
7 |
|
8* |
|
|
|
X |
|
|
|
Total |
|
X |
|
X |
|
X |
|
|
|
|
|
X |
|
|
|
** |
|
|
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
|
|
** |
|
|
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
Details of the payment-accounting document — payment order (by receipt of prepayment or by rendering of services on account of the earlier received prepayments) |
|
||
Number |
|
Date (DD.MM.YYYY) |
|
9 |
|
10 |
|
X |
|
X |
|
*** |
|
*** |
|
*** |
|
*** |
|
- the indication 01 is used only for the prepayments received on account of the rendering of the services. By the registration of the invoices for the services, the payment for which was performed as prepayment, the designation 02 is used.
The description of the fields for the DBF file
Field name |
|
Name |
|
Type, size |
|
Description |
1. |
|
Form_Numb |
|
N (2) |
|
Form number. Acquires the value of 42 |
2. |
|
Period_d |
|
C (7) |
|
Reporting period (MM.YYYY) |
3. |
|
Oper_code |
|
C(4) |
|
The code of the Operator is unique and is assigned by Rostelecom |
4. |
|
Subscrb_ID |
|
C(15) |
|
The unique identifier of the recipient of the xxxx. |
5. |
|
User_fio |
|
C (80) |
|
Name of User |
6. |
|
Cust_adr |
|
C(200) |
|
Address of individual |
7. |
|
Cust_inn |
|
N (12) |
|
TIN of the client |
8. |
|
Sel_f_num |
|
C (21) |
|
Invoice number |
9. |
|
Pr_brutto |
|
N (20.4) |
|
Cost of services (including VAT, roubles, kopecks) |
10. |
|
Nds |
|
N (20.4) |
|
Amount of VAT in service cost (roubles, kopecks) |
11. |
|
Pay_priz |
|
N (2) |
|
Invoice indication (prepayment invoice-01/ service payment invoice-02) |
12. |
|
Cust_Pay_n |
|
C (21) |
|
Details of the payment-accounting document — payment order (by receipt of prepayment or by rendering of services at the expense of the earlier received prepayment). Number |
13. |
|
Cust_Pay_d |
|
D |
|
Details of the payment-accounting document — payment order (by receipt of prepayment or by rendering of services at the expense of the earlier received prepayment). Date (DD.MM.YYYY) |
16
Form 3
The Report for the formation of the purchase log
|
|
|
|
Unique identifier of the |
|
Details of the |
|
Date of liquidation of |
|
Date of registration of goods |
|
|
|
TIN |
|
KPP |
|
Country of origin of the goods CUSTOMS |
|
Purchase total, including VAT |
|
||
Form number |
|
No. |
|
recipient |
|
Number |
|
Date |
|
seller’s invoice |
|
(works, services |
|
Seller’s name |
|
of the |
|
of the |
|
DECLARATION |
|
(roubles, kopecks) |
|
|
|
1 |
|
|
|
2a |
|
2b |
|
3** |
|
4*** |
|
5 |
|
5a**** |
|
5b**** |
|
6* |
|
7 |
|
|
|
X |
|
|
|
Total |
|
X |
|
X |
|
X |
|
X |
|
X |
|
X |
|
X |
|
|
|
|
|
*** |
|
|
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
|
|
*** |
|
|
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
Including |
|
|
|
||||||||||||||
purchases liable to taxation at the rate of |
|
|
|
|
|
||||||||||||
18 per cent |
|
10 per cent |
|
|
|
20 per cent* |
|
|
|
|
|
||||||
Cost of |
|
VAT amount |
|
Cost of |
|
VAT amount |
|
0 per cent |
|
Cost of |
|
VAT amount |
|
Purchases |
|
Indication |
|
8a |
|
8b |
|
9a* |
|
9b* |
|
10* |
|
11a* |
|
11b* |
|
12* |
|
13 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
X |
|
X |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
Director |
|
(Full name) |
Chief accountant |
|
(Full name) |
* - the columns are not filled.
** - the date of prepayment receipt.
*** - the last date of the service month.
**** - User’s details.
The description of the fields for the DBF file
Field name |
|
Name |
|
Type, size |
|
Description |
1. |
|
Form_Numb |
|
N (2) |
|
Form number. Acquires the value of 43 |
2. |
|
Period_d |
|
C (7) |
|
Reporting period (MM.YYYY) |
3. |
|
Oper_code |
|
C(4) |
|
The code of the Operator is unique and is assigned by Rostelecom |
4. |
|
Subscrb_ID |
|
C(15) |
|
The unique identifier of the recipient of the xxxx. |
5. |
|
Sel_f_num |
|
C (21) |
|
Details of the seller’s invoice Number |
6. |
|
Sel_f_date |
|
D |
|
Details of the seller’s invoice Date (DD.MM.YYYY) |
7. |
|
Cust_Pay_d |
|
D |
|
Date of liquidation of the seller’s invoice (DD.MM.YYYY) |
8. |
|
Accept_dat |
|
D |
|
Date of registration of the receipt of goods (works, services) (DD.MM.YYYY) |
9. |
|
Sel_name |
|
C (120) |
|
Name of the seller |
10. |
|
Sel_inn |
|
N (12) |
|
TIN of the seller |
11. |
|
Sel_kpp |
|
N (9) |
|
KPP of the seller |
12. |
|
Customs Declaration_num |
|
C (50) |
|
Country of origin of the goods. Cargo Customs Declaration number |
13. |
|
Pr_brutto |
|
N (20.4) |
|
Purchase total, including VAT (roubles, kopecks) |
14. |
|
Pr_net_18 |
|
N (20.4) |
|
Purchase total, excluding VAT (roubles, kopecks) liable to taxation at the rate of 18 % (8) |
15. |
|
Nds_18 |
|
N (20.4) |
|
VAT amount (roubles, kopecks) liable to taxation at the rate of 18 % (8) |
17
16. |
|
Pr_net_10 |
|
N (20.4) |
|
Purchase total, excluding VAT (roubles, kopecks) liable to taxation at the rate of 10 % (5) of the sales |
17. |
|
Nds_10 |
|
N (20.4) |
|
VAT amount (roubles, kopecks) liable to taxation at the rate of 10 % (5) of the sales |
18. |
|
Pr_net_0 |
|
N (20.4) |
|
Including, purchases liable to taxation at the rate of 0 per cent |
19. |
|
Pr_net_20 |
|
N (20.4) |
|
Purchase total, excluding VAT (roubles, kopecks) liable to taxation at the rate of 20 %* (8) of the sales |
20. |
|
Nds_20 |
|
N (20.4) |
|
VAT amount (roubles, kopecks) liable to taxation at the rate of 20 %* (8) of the sales |
21. |
|
No_nds |
|
N (20.4) |
|
Purchases exempt from taxation (roubles, kopecks) |
22. |
|
Nds_priz |
|
N (1) |
|
Indication of services liable to taxation at the rate of 0% XXX -0, xx xxxxx xxxxx - 0 |
00
Form 4
Register of the prepayments on account of the rendering of the Services of Rostelecom, included into the consolidated invoice, registered in the purchase log for
Form number |
|
Ref. No. |
|
Unique identifier of the recipient of the xxxx |
|
Name of User |
|
Invoice number |
|
Cost of services (including VAT, roubles, kopecks) |
|
Amount of VAT in service cost (roubles, kopecks) |
|
|
|
1 |
|
|
|
2 |
|
3* |
|
4 |
|
5 |
|
|
|
X |
|
|
|
Total |
|
X |
|
|
|
|
|
|
|
*** |
|
|
|
*** |
|
*** |
|
*** |
|
*** |
|
|
|
*** |
|
|
|
*** |
|
*** |
|
*** |
|
*** |
|
Details of the payment order |
|
||
Number |
|
Date |
|
6 |
|
7 |
|
X |
|
X |
|
*** |
|
*** |
|
*** |
|
*** |
|
* - invoice number assigned upon receipt of the prepayment
The description of the fields for the DBF file
Field name |
|
Name |
|
Type, size |
|
Description |
1. |
|
Form_Numb |
|
N (2) |
|
Form number. Acquires the value of 44 |
2. |
|
Period_d |
|
C (7) |
|
Reporting period (MM.YYYY) |
3. |
|
Oper_code |
|
C(4) |
|
The code of the Operator is unique and is assigned by Rostelecom |
4. |
|
Subscrb_ID |
|
C(15) |
|
The unique identifier of the recipient of the xxxx. |
5. |
|
User_fio |
|
C (80) |
|
Name of User |
6. |
|
Sel_f_num |
|
C (21) |
|
Invoice number |
7. |
|
Pr_brutto |
|
N (20.4) |
|
Cost of services (including VAT, roubles, kopecks) |
8. |
|
NDC |
|
N (20.4) |
|
Amount of VAT in service cost (roubles, kopecks) |
9. |
|
Cust_Pay_n |
|
C(25) |
|
Details of the payment order Number |
10. |
|
Cust_Pay_d |
|
D |
|
Details of the payment order Date (DD.MM.YYYY) |
19
Form 5
Register of the Services which were rendered at 0% VAT for
|
|
Name of |
|
|
|
Details of the invoice |
|
||
Form number |
|
representative offices |
|
Cost of services |
|
Number |
|
Date |
|
|
|
1 |
|
2 |
|
3 |
|
4 |
|
|
|
Total |
|
|
|
X |
|
X |
|
|
|
*** |
|
*** |
|
*** |
|
*** |
|
|
|
*** |
|
*** |
|
*** |
|
*** |
|
Details of the letter of confirmation |
|
Details of the agreement with the User |
|
||||
Number |
|
Date |
|
Number |
|
Date |
|
6 |
|
7 |
|
8 |
|
9 |
|
X |
|
X |
|
X |
|
X |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
*** |
|
Director |
|
(Full name) |
Chief accountant |
|
(Full name) |
The description of the fields for the DBF file
Field name |
|
Name |
|
Type, size |
|
Description |
1. |
|
Form_Numb |
|
N (2) |
|
Form number. Acquires the value of 44 |
2. |
|
Period_d |
|
C (7) |
|
Reporting period (MM.YYYY) |
3. |
|
Oper_code |
|
C(4) |
|
The code of the Operator is unique and is assigned by Rostelecom |
4. |
|
Prs_n |
|
C(100) |
|
Name of representative offices |
5. |
|
Embassy_n |
|
N (20.4) |
|
Cost of services |
6. |
|
Sel_f_num |
|
C(21) |
|
Details of the invoice Number |
7. |
|
Sel_f_date |
|
D |
|
Details of the invoice Date |
8. |
|
Lettr_num |
|
C(21) |
|
Details of the letter of confirmation Number |
9. |
|
Lettr_date |
|
D |
|
Details of the letter of confirmation Date |
10. |
|
Contract_n |
|
C(25) |
|
Details of the agreement with the users Number |
11. |
|
Contract_d |
|
D |
|
Details of the agreement with the users Date |
Note to drawing up of Forms:
The transferred files must be named in accordance with the following name structure:
· XXXX ZZZZZZ FFF UU.DBF,
· XXXX- four-digit sign-digit operator number assigned by Rostelecom
· ZZZZZZ — reporting period in the form YYYYMM
· FF — conventional number of the form of the Operator’s report. Can acquire the values: 41,42,43,44,45
· UU — ordinal number of the report. The ordinal number of the document sent by the communication Operator to Rostelecom for the first time is always indicated 00. In case of detection of discrepancy between the Operator’s data and the data of Rostelecom on the data contained in the file or its faulty filling the Operator prepares a new amended version of the file and sends it to Rostelecom in accordance with the terms determined by the conditions of the agency agreement. Every new version of the file is formed by means of increasing the document ordinal number by 1.
For Rostelecom: |
|
For Operator: |
|
|
|
General Director |
|
General Director |
OAO Rostelecom |
|
OJSC CenterTelecom: |
|
|
|
X.Xx. Yerokhin |
|
S.V.Pridantsev |
Seal here |
|
Seal here |
»
20
10. The text in a cell of Appendix No. 5 (column 2, line 3 of the table) shall be set forth as follows: “Services prescribed by the Contract”,
In a cell of Appendix No. 5 (column 3, line 3 of the table) the words “Revenue accrued” to be excluded.
11. — Appendix No. 7 of the Contract shall be amended as follows:
|
|
Appendix No. 7 |
|
|
to Contract No. 6479/05-DO(749-05-23) |
|
|
dated January 01, 2006 |
PARTIES MUTUAL SETTLEMENT PROCEDURE
1. The monetary obligations of the Operator to Rostelecom (para. 4.1.1 of the Agreement).
1.1. No later than the 25th day of the Billing period the Operator must transfer to Rostelecom one hundred per cent (100%) of the Earned revenue for the month previous to Billing period for the Telecommunication Services rendered during all periods previous to Billing period, in accordance with the Operator’s Report.
1.2. Irrespective of any provision of para. 1.1 of this Appendix 7 contrary to the understated, before the 25th day of the Billing period the Operator shall effect payment to Rostelecom, irrespective of the amount of payment received in the month previous to Billing period, no less than the Minimal payment in the amount of 30 % of the Accrued income for the Services rendered during the month previous to Billing period (para. 4.1.1 of the Agreement).
1.3. Rostelecom presents to the Operator the invoice for the payment of the Revenue earned, for the amount determined with the consideration of paras 1.1. and 1.2. hereof, before the 20th day of the Billing period.
2. The monetary obligations of Rostelecom to the Operator (para. 4.1.2. of the Agreement).
2.1. Rostelecom is obliged to pay to the Operator the consideration for the services rendered by the Operator to Rostelecom in accordance with para. 2.2 and the remuneration for the fulfillment by the Operator of the commission specified in para. 2.1. of Section 2 of this Agreement, within the terms and in the amount stated below. The total sum of the monetary obligations of Rostelecom for the services rendered to Rostelecom by the Operator in accordance with para. 2.2 and the remuneration for the commission performed by the Operator, specified in para. 2.1. of Section 2 of the Agreement, in every corresponding period is calculated on the basis of the Acceptance Acts signed by the Parties for the corresponding periods.
2.2. Within the term before the 25th day of the Billing period Rostelecom is obliged to transfer to the Operator the payment in the amount Y, which equals the sum of the payments not transferred by Rostelecom by the above indicated date of payment for the services under the Agreement rendered Rostelecom by the Operator during all the periods previous to corresponding Billing period, the cost of which has been estimated in accordance with Appendix 2 to the Agreement. At that, the maximum amount of payment Y, due to transfer in every Billing period equals M, the value calculated for every Billing period by the following formula:
M = Aearned — Amin. where
M — is the maximum value of payment Y due to payment to the Operator by Rostelecom in the corresponding Billing period.
Aearned — is the Revenue earned in the month previous to Billing period, in accordance with the Operator’s Report, for the Telecommunication Services rendered by Rostelecom to the Users during all periods previous to Billing period.
21
Amin. — is the amount of the Minimum payment, in accordance with para. 1.2. hereof.
The calculated payment Y is offset for the operator against the payment for the services rendered by the Operator to Rostelecom under this Agreement for all periods of its validity, in the part in which these services were not paid for by the moment of the calculation of the payment. The Parties agree that in the first place the payments account for the services rendered during the earlier periods.
2.3. Rostelecom effects payments to the Operator, in accordance with para. 2.2. hereof, until the amount of all payments made by Rostelecom in accordance with this para. 2 equals the total cost of the services rendered by the Operator to Rostelecom under this Agreement.
2.4. The Operator bills Rostelecom for the payments specified in para. 2.2. hereof, in amounts calculated in accordance with the specified paragraph, before the 20th day of the month in which the corresponding payment is due to be made.
3. With the purpose of the termination (full or partial) its obligations indicated in paras 1 and 2 of this Appendix and the termination of the obligations of Rostelecom to the Operator under the Contract on Network Connection as amended by Agreement No. 648005- dated January 01, 2006 (hereinafter “Contract on Connection”), the Parties to have monthly setting off the counter-claims by signing the Acts of offsetting counter-claims on the days when such obligations of the Parties shall be fulfilled under this Agreement and the Contract on Connection.
For Rostelecom: |
|
For Operator: |
|
|
|
General Director |
|
General Director |
OAO Rostelecom |
|
OJSC CenterTelecom: |
|
|
|
X.Xx. Yerokhin |
|
S.V.Pridantsev |
Seal here |
|
Seal here |
».
12. Appendix No. 8 shall be amended in version 2:
|
|
Appendix No. 8 (version 2) |
|
|
to Contract No. 6479/05-DO(749-05-23) |
Procedure for Checking Operator for the Correct Performance of the Agreement Terms
1. The Appendix determines the list of measures, which should be taken by the Parties (Rostelecom and Operator) for the control of completeness and fidelity of the Operator’s Reports on the volume and accrual proceeds for the provided telecommunications.
2. The Appendix determines the methods of checking Operator’s Reports on the volume and accrual proceeds for the provided telecommunications.
3. The realization of the control may be initiated during the period of validity of the current Agreement.
4. The reasons for the beginning of implementation the control measures are:
· discrepancies of the total cost and volume data parameters of the Rostelecom and Operator’s reports, exceeding 3% relatively to the indices of the Rostelecom,
· complaints from the Users side.
22
5. The following actions can be performed in the control:
· reconciliation of the Operator’s Reports and Rostelecom data;
· detailed reconciliation the Parties data;
· comprehensive technical study;
· the checking of the fidelity of VAT rates adaptation;
· the checking of the fidelity of adaptation the tariffs for telecommunications provided by Rostelecom upon the issue of the bills;
· clarification of the reasons of origin (increasing/decreasing) notes payable by the Users and so on.
6. Revise of the Operator’s Reports and Rostelecom data.
6.1. The basis for reconciliation of the Operator’s Reports and Rostelecom data is the discrepancy in cost and volume parameters in Operator’s Reports and Rostelecom data.
6.2. Rostelecom forms and directs to the Operator a comparative analysis of the Operator’s Reports (tables 1.1-1.6 Appendix 3 to the Agreement) and Rostelecom data table 1 format (Excel format) of this Appendix, marking out directions (no more than 5), on which the discrepancies are the largest.
6.3. Operator during 5 business days realizes counter-analysis of the Rostelecom report in order to using the terms of telecommunications:
· minimum non-tariff limit of the calls,
· type of the calls number round-off,
· tariffs.
6.4. If Operator revealed the mistake on the stage, stated in para. 6.3 of this Appendix, and its correction removed the discrepancies, then the Parties co-ordinate the term of the mistake removal, the correction of the original documents (Operator’s Reports, User bills and so on) and state the date of re-calculation.
6.5. If the mistake was not found or its correction didn’t remove the discrepancies, then the Parties fix such discrepancies in revise act.
7. Detailed reconciliation
7.1. The ground for the detailed reconciliation are discrepancies fixed in the revise act on the stage of revise the Operator’s Reports and Rostelecom data.
7.2. The Parties adjust with the operation factors of the detailed reconciliation:
· time factors (month, week, day, hour and so on),
· ancillary parameters (switchboards, trunks, numbering capacity),
· directions of the detailed reconciliation (codes ABC/DEF),
· size of the detailed reconciliation,
· data exchange type.
The format sample for accordance of measured service data for a detailed revise, indicated in Table 2 of the Appendix, can be changed depending on technical abilities of the Parties.
7.3. Detailed reconciliation is conducted under the agreement of the Parties using the resources of Rostelecom and/or Operator. The results of the reconciliation, performed by Rostelecom, send to the address of Operator not later than after 7 business days from matching of the operation factors, indicated in para. 7.2 of the Appendix.
7.4. The parties conduct analysis of the results of the detailed reconciliation.
If one of the Parties reveals mistakes at the stage, stated in para. 7.3 of the Appendix, and their correction eliminate the discrepancies, then the Parties co-ordinate the term of the mistakes removal, the correction of the initial documents (Operator’s Reports, User bills and so on) and state the date of re-calculation.
7.5. If the mistake was not found or it’s correction didn’t remove the discrepancies, then the Parties fix such discrepancies in revise statement not later than 3 business days after results of the detailed revision will be ready. The Parties will co-ordinate the next steps:
· Another addition, ancillary parameters of the revise are selected (repeated execution of the stage of the detailed reconciliation),
· comprehensive technical study should be performed.
23
8. Comprehensive technical study.
8.1. The reason for the realization of the comprehensive technical study is coordinated on the previous stages statements and the absence of the ascertained reasons for discrepancies.
8.2. In the context of the comprehensive technical study it can be realized by the associated Parties:
· verification of capacity for work of communication channels;
· verification of the recording completeness of the tariff files;
· verification of recording conditions of the tariff files;
· registration of the probing calls;
· verification of the routing Regulations;
· verification of the software, used in the system of collection and processing of tariff information and so on;
· using indirect methods of research.
8.3. After getting the results the report is developed and agreed by the Parties, the used methods, conclusions, recommendations for eliminating the reasons, caused the discrepancies, the terms of removal such reasons are indicated inside this report. According to the conclusions of the comprehensive technical study report, the decision is taken about the date of re-calculation and necessity of adjustment of the bills, presented to the Users.
Table 1. Dedicated reconciliation form
|
|
Zone |
|
|
|
|
|
|
|
|
|
Rostelecom data |
|
Operator data |
|
Discrepancies |
|
||||||||||
Period |
|
ABC of |
|
User |
|
Tariff |
|
Direction |
|
Direction |
|
min |
|
tariff |
|
total |
|
min |
|
tariff |
|
total |
|
% |
|
% |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Table 2. Format of call service data
|
Data should be presented in electronic file using format dbf or xls
Tel_A* |
|
Tel_B* |
|
Mn_I* |
|
Mn_O* |
|
Date* |
|
Time* |
|
D_sec* |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
* fill-in spaces are marked
Field Tel_A*: Number of the subscriber A phone
Field Tel_B*: Number of the subscriber B phone
Field Mn_I*: Mnemonics of incoming group of channels
Field Mn_O*: Mnemonics of outgoing group of channels
Field Date*: Date of the call beginning (DDMMYY)
Field Time*: Time of the call beginning (HHMMSS)
Field D_sec*: Call duration (in seconds)
For Rostelecom: |
|
For Operator: |
|
|
|
General Director |
|
General Director |
OAO Rostelecom |
|
OJSC CenterTelecom: |
|
|
|
X.Xx. Yerokhin |
|
S.V.Pridantsev |
Seal here |
|
Seal here |
00
»
00. Xxxxxxxxxx Xx. 0 xxxxx xx supplemented with a new Section 8 as follows:
“8. Provision of information on user receivables with a view to create bad debt provisions for taxation purposes.
The Operator shall on a quarterly basis, by the 15th day of the month following the month of the end of the quarter, provide Rostelecom with the electronic report on the indebtedness for the Services of Rostelecom as of the last date of the quarter, in form 9 (in Excel).
14. This Agreement is an integral part of the Contract.
15. All terms used in this Agreement have a meaning, fixed for them in the Contract.
16. All the rest, not indicated in this Agreement, is subject to the provisions of the Contract.
17. The agreement is issued in the Russian language in two original counterparts, one for each Party.
18. This Agreement comes into effect on the date of its execution. The Parties recognize that the terms and conditions of their Agreement shall apply to their relationships arising as from the date of Contract No. 6479/05-DO(749-05-23) dated January 01, 2006.
19. Signatures of the Parties:
For Rostelecom: |
|
For Operator: |
|
|
|
General Director |
|
General Director |
OAO Rostelecom |
|
OJSC CenterTelecom: |
|
|
|
X.Xx. Yerokhin |
|
S.V.Pridantsev |
Seal here |
|
Seal here |
25