Nurlan S. Aldabergenov - Electronic commerce: challenges of

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Electronic government procurement,
ensuring fairness and transparency of
trade: experience and prospects of
Eurasian integration
Astana, 2014
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The volume of mutual trade of Republic of Belarus,
Republic of Kazakhstan and Russian Federation *
+43,9%** +36%**
+33,9%**
67 829
63 101
64 136
mln. USD
47 135
2010
2011
Before the joining CU
2012
2013
After the joining CU
*the total volume of mutual export between the Member States of the Customs Union
** growth to 2010
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The volume of mutual trade of EU countries * (28)
+10,4%**
+11%**
2841
2839
2012
2013
bill. euro
2822
+11,1%**
2557
2010
2011
*the total volume of mutual export between the Member States of the European Union
** growth to 2010
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Main directions of competition policy
Antitrust regulation
Government (municipal)
procurements
Competition advocacy
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The volume of electronic public procurement in the
Republic of Kazakhstan
+ in 2,2 times
mln. USD
+ 43,6 %
2,535.1
1,639.7
1,141.6
2011
Before the establishment of SES
2012
2013
After the establishment of the SES
* growth to 2011
**The Single Economic Space on the territory of Kazakhstan, Belarus, Russia
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The volume of electronic public procurement in the
Russian Federation
+ 30%
104,031.4
+ 20%
95,709.2
mln. USD
79,617.7
2011
Before the establishment of SES
2012
2013
After the establishment of the SES**
* growth to 2011
**The Single Economic Space on the territory of Kazakhstan, Belarus, Russia
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The volume of electronic public procurement in the
Republic of Belarus
+ in 77 times
mln. USD
863.8
+ in 6 times
67.0
11.1
2011 г.
2012 г.
Before the establishment of SES
2013 г.
After the establishment of the SES**
*growth to 2011
**The Single Economic Space on the territory of Kazakhstan, Belarus, Russia
Percentage of e-procurement*
42%
~ 60,0%
58%
e-procurement
other procurement
*Estimated cost of procurement
Estimation for the
2015:
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Advantages of e-procurement in the CU
and SES
For economic
entities:
-
Access to procurement
information, including regulatory
and reference documents,
simplify information search
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For public procurement
authorities:
- Savings growth
- Decrease in corruption risks
-
-
Procurement proceedings
transparency
Reducing the costs of preparing
and filing
- Reducing the time of
procurement proceedings
- Data bases creation possibility
-
Rapid results obtaining
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Agreement on government (municipal) procurement of
December 9, 2010*:
Unified requirements to public procurement for all
Member States of CU and SES, legislation
harmonization
Duty to publish procurement information publicly on
information portals
Provision of national treatment in government
procurement for CU and SES member states
* entered into force on January 1, 2012
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State and (or) municipal procurement
Harmonization of
legislation
Monitoring of national
legislation
Supervisory functions:
the abolition of
exemptions from national
treatment
1 stage
1 stage
(Belarus and Russia)
before 1 January 2012 .:
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• bringing the legislation into conformity with the Agreement
• implementation of information systems (web portal, ETP, EDS)
• introduction of a national regime for Belarus and Russia
- Law of the Republic of Belarus of 13 July 2012 № 419
«On public procurement of goods, work, services» in full compliance with
the Agreement (entered into force on 1 January 2013)
- open access to the web portal, e-procurement practices adopted
- national treatment introduced
- amendments to the Federal Law of 21 July 2005 № 94-FZ "On placement of
orders for delivery of goods, works and services for state and municipal
needs ", ensuring compliance with the Agreement
- improvement of the web portal and practice of electronic auctions
- national treatment with exceptions introduced
2 stage
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2 stage
(Kazakhstan)
before 1 July 2012 .:
• bringing the legislation into conformity with the Agreement
• implementation of information systems (web portal, ETP, EDS)
- amendments to the Law of the Republic
of Kazakhstan of 21.07.2007 № 303-3
«On public procurement»,
ensuring compliance with the agreement:
- improving the web portal;
- expansion of electronic procurement (request for
bids, open competition, electronic auctions)
3 stage
3 stage
(Belarus, Kazakhstan, Russia)
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• introduction of national regime for Belarus, Kazakhstan
and Russia
before January 1, 2014:
ensuring equal conditions for business entities of
three countries
under the national treatment
development of mutual trade of the three countries
Provision of information transparency
National web portals in the field of public procurement:
 The Republic of Belarus - http://www.icetrade.by
 The Republic of Kazakhstan - http://www.goszakup.gov.kz
 The Russian Federation - http://www.zakupki.gov.ru
Open access is ensured to:
 legislation in the field of public procurement
 procurement Notice
 documentation, including procurement contract drafts
 protocols drawn up in the procurement process
 information on the procurement contract
 register of unfair suppliers
In the future, following data is to be published:
Information on the result of the purchase
Information on complaints
Procurement plans (at the discretion of the Member State)
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The share of public procurement, on which information
is posted at the web portals (data assessment of 2013)
52%
45%
51%
from
2015
100 %
26%
Belarus
Kazakhstan
Russia
1
CU and SES
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Electronic trading platforms
http://www.goszakup.gov.kz
Web Portal of Kazakhstan/ETP
http://www.icetrade.by
Web portal of Belarus/ETP
Kazakhstan - one
http://zakupki.butb.by
(ETF JSC «BYTB»)
http://sberbank-ast.ru
(ETF LC «Sberbank-АСТ»))
http://www.rts-tender.ru
(ETF LLC «RTS-tender»)
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http://etp.roseltorg.ru
(ETF JSC «SETF»)
Belarus - two
Russia - five
http://www.zakazrf.ru
(ETF Tatarstan)
http://www.etp-micex.ru
(ETF LC «MICEX-IT»)
17
Cross-border use of electronic signatures|
18
unimpeded access to digital signature
plans of actions approved
 adjustment of national legislation and regulations of the electronic trading platforms
 mutual transfer by Member States of national cryptographic systems and software on
the electronic trading platforms
 Correction of software and hardware systems of electronic trading platforms
Participation of economic entity in the electronic procurement of CU and SES with
digital signature on the national territory of its registration
between Belarus and Russia was
implemented in late 2012
between Belarus, Kazakhstan and
Russia on the stage of completion
19
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Stages of e-procurement
"Electronic form (format) procurement" - procurement procedures carried out by using
Internet, web portal and (or) electronic trading platform (e-platform), as well as software and
hardware
Purchase Process
publishing
information about
purchasing on the
web portal
- Partially implemented
in 2012
- Complete
implementation planned
for 2015
submission of
applications for
participation in
the auction in
the form of an
electronic
document
implemented in 2012
price decrease
resulting from by
auction using the
software and
hardware
implemented in 2012
1
Processing
proposals using
software and
hardware
- Partially implemented
in Kazakhstan,
- In general, planned in
2016
conclusion of
an agreement
in the form of
an electronic
document
- Partially
implemented in
Kazakhstan,
- In general, planned
in 2016
Results 2012 - 2014
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 Harmonize
national legislation in the field of public procurement and
ensure its practical application
 Eurasian
Economic Commission permanently monitors legislation and
practice of public procurement
 Work has been done to ensure national treatment in the field of public
procurement, including the mutual recognition of the digital signature,
the abolition of exemptions from national treatment
 The
main provisions of the Agreement on the state (municipal)
procurement of 9 December 2010 with the best international practices
transferred to the Treaty on the Eurasian Economic Union
of 29 May 2014
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Russian suppliers in Belarus
Russian supplier
Number of lots of procurement
procedures (e-procurement)
participants
Subject of
procurement
The total value of
contracts
winners
2013
(according to official statistics, Belarus)
Russian suppliers
1039 (376)
630 (112)
-
54,9 (22,2)
Mln. USD
2013-2014
(most active according to electronic trading platform of "BUCE" and "NCMPS", Belarus)
LLC «Industrial
Union KIT» (Smolensk)
57
LLC
«TEHNOMED»
24
4
process equipment
0,8
Mln. USD
6
medical products
2,04
Mln. USD
(St. Petersburg)
JSC
«Metrovagonmash»
2
2
wagonage
22,5
Mln. USD
(Mytishchi, Moscow region)
1
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Belarusian suppliers in Russia
in electronic auctions
Association of electronic trading platforms, Russia
Supplier
Cost of
contracts,
Number of
contracts
Mln. USD
RUE «Belarusian aircraft repair plant»
5,5
22
LLC «Assomedika»
4,6
430
PE «Belgiprodor»
1,2
9
JSC «Minskmetroproekt»
0,9
3
NE RUE «KBTEM-OMO»
0,9
1
RUE «Belarusian Broadcasting Center»
0,4
5
MEI «Institute of Retraining and Development»
Emergency Situations Ministry, RB
0,3
8
RNTUP«KRIPTOTEH»
0,2
4
Belarusian-Japanese joint venture «LOTIS TII»
0,1
4
Kazakhstan’s Suppliers’ Activity in Belarus
Number of lots of
procurement procedures in
which
Kazakhstani
supplier’s name
participated
Subject of
procurement
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Total value of
purchases
(contracts)
won
2013-2014
(according to the web portal of public procurement, Belarus)
Kazakhstani suppliers,
including:
17
9
-
4,5 mln. USD
«KazMetizProm» LLC,
Ust-Kamenogorsk
3
2
ceramic
products
1,5 mln. USD
«Combine Of
2
2
wheat
1,3 mln. USD
1
1
zinc in ingots
1,0 mln. USD
Bakeries N.a.
Grigorovich'» LLC,
Kostanay
ТОО «Kazzink» LLC,
Ust-Kamenogorsk
1
Kazakhstan’s Suppliers’ Activity in Belarus
Kazakhstani supplier’s
name
Number of lots of
procurement procedures
in which
participated
Subject of
procurement
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Total value of
purchases
(contracts)
won
2013-2014
(according to the web portal of public procurement, Belarus)
Kazakhstani suppliers,
including:
-
25
-
2,6
mln. USD
«Nefteproduct-Sever»
LLC, Petropavlovsk
-
1
heating
oil
2,4
mln. USD
«Cheese mediya» LLC,
Kyzylorda
-
2
printed
editions
0,02
mln. USD
1
National treatment in CU and SES
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introduced on 1 January 2014
exemptions from national treatment:
• can be set unilaterally for a period not exceeding 2
years
• may be canceled by EEC within one year
25
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Example 1. Abolition of EEC’s exemptions from national treatment
in the manufacture of uniforms use worsted fabric of Russian origin
Government Decree of the Russian Federation dated March 30, 2012 № 269
Belarus proposed to eliminate this exemption
EEC QUASHED THIS EXEMPTIONS FROM THE NATIONAL REGIME
the Decision EEC Collegium dated September 18, 2012 № 160
Russia has eliminated this exemption for Belarus
Government Resolution of the Russian Federation
December 24, 2012 № 1389
The elimination of this exemption provided to suppliers of products of JSC
"Kamvol" (Belarus) an access to the placement of orders for worsted
fabrics for sewing uniforms for the Russia’s federal executive bodies.
Example 2. Abolition of EEC’s exemptions from national treatment
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The prohibition of the purchase of foreign goods (works, services)
for defense and security of Russia
Government Resolution of the Russian Federation of December 24, 2013 № 1224
Belarus has offered to hold consultations in EEC
(in particular, of "Kursk TD" Belshina "- tires)
The letter from the Ministry of Trade of Belarus 16.07.2014 № 14-05 / 524
RUSSIA
 acknowledged the fact of exemptions from the national
regime for Belarusian and Kazakh goods (works, services)
 notified of the intention to remove them until the end of 2014
The Protocols of consultation in EEC from 27.08.2014 № 1-kon and 03.10.2014 № 23-16 / pr
The letter from the Economic Development of Russia from 30.10.2014 № 26777-EE / D28i in connection with the
request of Government
 Eliminating of this exemption will provide access of wide range
of Belarusian and Kazakh goods (works, services), along with
Russia, to the placement of state orders for defense and security of
Russia (in terms of procurement, the details of which do not constitute state secrets (secrets)
Example 3. Elimination of violations when establishing
exemptions from national regime
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JSC "BTK groups" (St. Petersburg) - the only provider of clothing equipment for
the Armed Forces of Russia for an indefinite period
The regulation of the Government of the Russian Federation from September 5, 2012 № 1612-r
For reference: The Agreement on the public (municipal) procurement - not more than 2 years
Member of the Board N.SH. Aldabergenov - the letter to the Russian Government about
adopting measures on elimination of infringements of international obligations
Russia restricts the validity of the order until 09/05/2014
the regulation from May 13, 2013 №762-r
Result - elimination of violations
extension of a 2-year exemption (JSC "BTK groups" - the only supplier)
use of tissue from LLC "Bryansk Worsted»
The regulation of the Government of the Russian Federation from June 11, 2014 № 1035-r
Member of the Board N.SH. Aldabergenov - the letter to the Russian Government about
adopting measures on elimination of infringements of international obligations
In case of violations the Government of the Russian Federation
entrusts authorized state agencies to take measures to eliminate them
Letter from the Government Office of Russia from October 29, 2014 № P-4-52371
International cooperation in the field of procurement| 29
Negotiation and drafting of agreements on free trade areas (in terms of
public procurement)
 Vietnam, New Zealand, Egypt, India, Israel
Memorandums and agreements:
 Memorandum of Cooperation with the ICAP
 Agreement on cooperation with the Austrian
Federal Competition Authority
Participation in conferences and seminars:
CEFACT, UNCITRAL, WTO Committee on Public Procurement, the Executive Committee of the
CIS, OECD, UNCTAD, the International Competition Network, the International Bar Association,
the US, EU, Japan, Korea, Morocco, Brazil and others.
Prospects of development
Harmonizing statistical monitoring (reporting)
Maximum use of IT- technologies
Expanding public procurement market within CU and SES
 accession of the Republic of Armenia (1 January 2015)
 accession of the Kyrgyz Republic (after the implementation of the "roadmap")
Continued work on removing possible barriers and other
restrictions on access to public procurement markets
mutual CU and SES
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Thank you!
www.eurasiancommission.org
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