Registration of PAK (hardware and software complexes) in the register of Russian software 2024

Customers from the public sector and critical infrastructure often put forward requirements for the inclusion of software and hardware systems in the register of Russian software of the Ministry of Digital Development. In addition to the opportunity to conclude large transactions, if included in the register, manufacturing companies will be able to obtain the status of an IT company, which will make it possible to receive tax benefits: 7.6% of insurance premiums and 0% income tax. In our material, we have collected answers to the most frequently asked questions on this topic.

Author of the article:

Alisa Golenishcheva

Leading lawyer AG-LEGAL

Content:

1. What are PAKs?

2. Why register a PAC in the Russian software registry?

3. What are the requirements for including a PAC in the register?

4. What documents need to be prepared for registration?

1. What are PACs?

Hardware and software complex – a set of hardware and software (software) that work together to perform one or more special tasks, which is an electronic computer or a specialized electronic device (devices), the functional and technical characteristics of which are determined exclusively by the combination of software and hardware and cannot be implemented by separating them. The hardware and software complex is an independently used finished technical product that has a serial number. (RF Government Resolution of 28.12.2022 N 2461)

That is, the PAC must:

• have hardware – a device for collecting and processing information, including a computer, server, transceiver, etc.;

• have software part – software that processes and interprets data collected by hardware, including embedded software, operating system;

• they must be compatible, perform interrelated functions;

• at the same time parts cannot be implemented separatelythat is, they do not carry value separately from each other;

• the entire PAC must be an independent, complete technical product and have a serial number.

An example of a PAC might be:

• video surveillance system;

• medical equipment;

• charging stations;

• switches;

• data storage systems;

• public warning systems;

• control panels;

• production and technological process control system, etc.

2. Why register PACs in the Russian software registry?

Import substitution of critical information infrastructure is gaining momentum, and customers – critical infrastructure entities – increasingly ask to confirm the Russian origin of supplied software and PACs. First of all, this can be done by registering the PAC in the register of Russian software of the Ministry of Digital Development.

In accordance with paragraph 8 of Article 2 of the Federal Law No. 187-FZ of July 26, 2017 “On the Security of Critical Information Infrastructure”, the subjects of critical information infrastructure include all government agencies, government institutions, as well as legal entities and individual entrepreneurs that operate in the following areas:

• fuel and energy complex;

• energy drinks;

• mining industry;

• chemical industry;

• health care;

• sciences;

• transport;

• connections;

• state registration of rights to real estate and transactions with it;

• banking sector and other areas of the financial market;

• in the field of atomic energy;

• defense, rocket and space, metallurgical industries.

And also all legal entities and (or) individual entrepreneurs that ensure the interaction of the specified systems or networks. This refers to the sale of licenses for companies from the above-mentioned industries: hosting, telecom operators.

Thus, the potential market is very broad, almost any company can be classified as critical infrastructure.

In addition to concluding contracts with customers who are related to critical infrastructure, PAK owners can obtain the status of an accredited IT company and IT benefits:

• insurance premiums 7.6% instead of 30% (clause 1.15, Article 427 of the Tax Code of the Russian Federation);

• income tax 0% instead of 20% (clause 1.15, article 284 of the Tax Code of the Russian Federation);

• deferments from military service and mobilization;

• preferential mortgage;

• participation in public procurement;

• grant and other support.

3. What are the requirements for including a PAC in the register?

Information about software and hardware complexes is included in the register of Russian software for a period of 5 years (clause 5.2. of the Resolution of November 16, 2015 No. 1236).

The main requirements can be found here:

Copyright holders of PACs must comply with the following requirements:

1. Share direct and indirect participation of foreign companies less than 50 percenta foreign company should not have the right to give binding instructions or the ability to otherwise determine the actions of the company, including the execution of transactions and determining their terms.

2. Software as part of the PAC should already be included in the register of Russian software. That is, before registering the PAC, you will first need to separately register the software in the registry.

3. Hardware and software as part of the PAC functionally compatible with each other.

4. There are also hardware requirements. There are several ways to confirm that it meets the registry requirements. The options are discussed below.

Option 1

The hardware is included in the unified register of Russian radio-electronic products.

Link to the registry: https://gozakaz.ru/wp-content/uploads/2022/10/reyestr-radioelektronnoy-promyshlennosti-v-2022-godu-2022-10.pdf

Reference to regulatory framework: Resolution of the Government of the Russian Federation of July 10, 2019 No. 878.

Option 2

The hardware is included in the register of Russian industrial products.

Link to the registry: https://minpromtorg.gov.ru/activities/vgpp/vgpp1/list/?ysclid=lhqe8wqyh0678547451

Reference to regulatory framework: Resolution of the Government of the Russian Federation of July 17, 2015 No. 719 “On confirmation of industrial production on the territory of the Russian Federation”.

If the hardware is not included in any of the above registries, this is not a reason to refuse to register the PAC. However, in this case, the set of requirements and, accordingly, the package of documents for the application will be significantly larger. Namely, there are the following ways to be included in the PAC register:

Option 3

For PACs designed to ensure information security:

1. Have one of the following licenses:

• license for the development, production, distribution of encryption (cryptographic) tools, performance of work, provision of services in the field of information encryption, technical maintenance of encryption (cryptographic) tools (FSB license).

Reference to regulatory framework: Resolution of the Government of the Russian Federation of April 16, 2012 No. 313.

• OR a license for the development, production, and distribution of means of protecting confidential information (FSB license).

Reference to regulatory framework: Resolution of the Government of the Russian Federation of March 3, 2012 No. 171.

2. Have a certificate of certification system for information security tools according to information security requirements.

Reference to regulatory framework: Resolution of the Government of the Russian Federation of June 26, 1995 No. 60.

3. Have exclusive rights to technical documentation for a period of at least 5 years, i.e. you must be the copyright holder or enter into a license agreement for the right to use the documentation (except in cases where the manufacturer is located outside the territory of the Russian Federation).

4. The PAK is designed, developed, maintained and tested on the territory of the Russian Federation.

Option 4:

For PACs not intended to ensure information security:

1. Have a conclusion from the Ministry of Industry and Trade that the technical equipment is classified as an industrial product that has no analogues in the Russian Federation.

Reference to regulatory framework: Resolution of the Government of the Russian Federation of September 20, 2017 No. 1135.

2. Have rights to technical documentation for a period of at least 5 years (with the exception of technological documentation if the manufacturer is located outside the territory of the Russian Federation).

3. The PAK must be designed, developed, maintained and tested on the territory of the Russian Federation.

4. What documents need to be prepared for registration?

There is a general package of documents required for all PACs:

Documents about the manufacturer:

• Charter of the PAK manufacturing company;

• Power of attorney to submit an application (if the application is not submitted by the CEO);

• Documents confirming rights to the software;

• Extract from the Unified State Register of Legal Entities;

• A letter of guarantee confirming the absence of control of a legal entity by foreign persons.

Local acts on the design of the PAK:

• Manufacturer's order to start designing the PAK;

• Order on the creation of working groups;

• Order on acceptance of design results;

• Technical specifications.

Local documents on PAK testing:

• Program, testing methodology;

• Test protocol;

• The act and decisions of the commission created by the manufacturer to conduct tests on the test results.

Operating documents:

• Description of the functional characteristics of the hardware and software complex. In this document, you collect information about the scope of application, composition and functionality of the hardware and software complex;

• Instructions containing information necessary for operating the PAK (Operating Manual).

Maintenance documents:

• Description of the processes that ensure the maintenance of the life cycle;

• Agreement with a service center authorized to carry out repairs, after-sales, warranty and post-warranty service of the hardware and software complex/regulations of your service center;

• OR If you perform maintenance yourself, then in addition to all of the above, there will be a maintenance schedule.

Depending on how the hardware is registered (without RRRP and ERRRP), there are the following options for the document package:

Conclusions:

The registry gives companies advantages in concluding contracts with critical infrastructure entities, as well as in public procurement. In addition, companies will be able to obtain the status of IT companies and apply for IT benefits.

Before registering the PAK, you need to register the software included in the PAK in the Russian software registry, and also obtain in advance for the hardware:

• registration in the register of Russian industrial products;

• or registration in the register of Russian radio-electronic products;

• or a conclusion from the Ministry of Industry and Trade that the technical equipment is classified as an industrial product that has no analogues in the Russian Federation;

• or a license for the development of encryption tools and (or) a license for the development of tools for protecting confidential information and a certificate of the certification system for information security tools in accordance with information security requirements.