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On The Procedure For Foreign Investments In Business Companies Of Strategic Importance For Ensuring The Defence Of The Country And The Security Of The State

Original Language Title: О порядке осуществления иностранных инвестиций в хозяйственные общества, имеющие стратегическое значение для обеспечения обороны страны и безопасности государства

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RUSSIAN FEDERATION FEDERAL LAW About the order of foreign investment in economic communities of strategic importance to defend the country and State Security Adopted by the State Duma on April 2, 2008 Approved by the Federation Council on 16 April 2008 (In the wording of federal laws dated 28.12.2010. N 420-FZ; of 01.07.2011 N 169-FZ; of 16.11.2011 N 322-FZ; dated 03.02.2014 N 15-FZ; of 12.03.2014 N 29-FZ; dated 04.11.2014. N 343-FZ Article 1. The purpose of this Federal Law In order to ensure the defense of the country and the security of the state, this Federal Law establishes exceptions to the restrictive nature for foreign investors and for the purposes of this law. The group of persons to which the foreign investor belongs (hereinafter referred to as the group of persons), with their participation in the authorized capital of economic societies of strategic importance for the defence of the country and the security of the State, and (or) the commission of those the acquisition of property, possession or Their use of the property of such economic entities, which relates to the fixed assets and whose value is twenty-five per cent or more of the last reporting date specified in the accounting records the carrying amount of the assets of an economic society, which is of strategic importance for the defence of the country and the security of the State, and (or) the commission of other transactions, actions that result in the control of foreign persons. investors or groups of individuals over such economic societies. (...) (...) N 343-FZ Article 2. Relationships governed by this Federal and its scope 1. This Federal Act regulates relations relating to foreign investors or a group of persons investing in the form of shares (shares) that make up the charter capital of economic societies of strategic importance to the To ensure the defence of the country and the security of the State, and (or) in the form of acquisition by such persons of property, possession or use of property, which relates to the basic productive assets of such economic societies and value a total of twenty-five per cent or more of the The last reporting date on the accounting records of the book value of the assets of an economic society, which is of strategic importance for the defence of the country and the security of the State, as well as the commission of other transactions, including of stock exchanges or actions that result in the control of foreign investors or a group of individuals over such economic entities. (...) (...) N 343-FZ) 2. Foreign states, international organizations, as well as the organizations under their control, including those established in the territory of the Russian Federation, are not entitled to make transactions, other actions that result in to establish control over economic societies of strategic importance for the defence of the country and the security of the Stateand/or to make transactions involving acquisition, possession, or Their use of property, which refers to the main production the funds of such economic societies and the value of which is twenty-five or more per cent of the last reporting date on the balance sheet value of the assets of a business society having a strategic interest The significance of the defense of the state and security of the state. (In the wording of the Federal Law of April 4, 2014). N 343-FZ 3. Transactions by foreign States, international organizations or under their control by foreign States, international organizations or under their control organizations acquire the right, directly or indirectly, to manage more than twenty-five per cent of the total voting power (shares) that make up the charter capital of economic societies of strategic importance for the defence of the country and the security of the State, or The ability to block decisions of the management bodies of such economic entities or acquire the right to directly or indirectly manage more than five per cent of the total number of votes of the voting shares (shares) that make up the charter The capital of economic societies of strategic importance for the defence of the country and the security of the State and the geological exploration and mining of mineral resources at the subsoil areas of federal importance (continued use of subsoil areas of federal importance), to be Prior consultation in the manner prescribed by this Federal Law, except for transactions involving international financial organizations established in accordance with international treaties to which it is a party The Russian Federation or the international financial organizations with which the Russian Federation has concluded international treaties. The list of these international financial organizations is approved by the Government of the Russian Federation and. (In the wording of the Federal Law of 1611.2011) N322-FZ) 4. The establishment of control by foreign States, international organizations or under their control over economic societies of strategic importance for the defence of the country and the security of the State shall be established in in accordance with the provisions of article 5 of this Federal Act. 5. The provisions of this Federal Law shall also apply to transactions committed outside the territory of the Russian Federation and to other agreements reached outside the territory of the Russian Federation, if such transactions and such agreements entail These are the consequences set out in parts 1 to 3 of this article. 6. This Federal Act does not apply to relations relating to the performance of foreign investments and which have been settled by other federal laws or ratified international treaties to which it is a party. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The relations related to the implementation of foreign investments in the sphere of military-technical cooperation of the Russian Federation with foreign countries are regulated in accordance with the legislation of the Russian Federation on military and technical cooperation. Cooperation. 7. The provisions of this Federal Act which regulate relations relating to the implementation of foreign investments in economic societies of strategic importance for the defence of the country and the security of the State and which are The use of subsoil areas of federal importance, with the exception of those provided for in part 3 of this article, shall not apply to relations relating to foreign investment in economic communities with strategic importance. to ensure the country's defence and security and the use of subsoil areas of federal importance, if, prior to the commission of the transactions, the Russian Federation has the right, directly or indirectly, to dispose of more than five or ten per cent of the total number of votes attributable to voting shares (shares) that make up the authorized capital of such economic societies, and reserves such a right after it has been committed. (...) (...) N 343-FH 8. This Federal Act does not apply to relations relating to the exercise of foreign investments in civil rights, with the exception of the objects of civil rights set out in Part 1 of this article. 9. This Federal Act does not apply to transactions involving economic entities that are of strategic importance for the defence of the country and the security of the State, in the event that the acquisition of the goods by the State of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the The transactions are organized under the control of the Russian Federation, the subject of the Russian Federation or under the control of a citizen of the Russian Federation, which is in accordance with the laws of the Russian Federation on taxes and OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION In order to determine whether the Russian Federation, the subject of the Russian Federation or the control of a citizen of the Russian Federation, which is a tax and tax resident in the Russian Federation, is under the control of the Russian Federation The Russian Federation, the organization which is the purchaser of the specified transactions, applies by analogy to the provisions of article 5 (1) and (2) of this Federal Act. (Part added-Federal Act of 16 November 2011. N 322-FZ) (In the wording of the Federal Law of April 4, 2014). N 343-FZ) Article 3. The basic concepts used in this Federal Law 1. For the purposes of this Federal Act, the following basic concepts are used: 1) the threat to the country's defence and security is a combination of conditions and factors that endanger the vital interests of the individual, society and (or) States; 2) an economic society of strategic importance for the defence of the country and the security of the State (also the economic society of strategic importance), the economic society established by THE RUSSIAN FEDERATION activities of strategic importance for the defence of the country and the security of the State, as set out in article 6 of this Federal Law; (3) the control of a foreign investor or group of persons over the economic society, of strategic importance (hereinafter referred to as control)-the ability of a foreign investor or group of individuals, directly or through third parties, to determine the decisions taken by a business society with strategic importance through voting for voting shares (shares) The authorized capital of such economic society, at the general meeting of shareholders (participants) of such economic society, by participation in the board of directors (supervisory board) and other bodies of management of such economic society, conclusions with by such a management society of the contract for the exercise of the functions of the Managing (Administering Organization) or such an agreement, as well as the ability of a foreign investor or group of persons directly or indirectly to dispose of the twenty-five and more percent of the total number of votes, Proportion of voting shares (shares) that make up the authorized capital of an economic society having a strategic significance and exercising the use of subsoil areas of federal importance, or the right of a foreign investor or group of persons Designate a single executive body and (or) twenty-five and more than a percentage of the collegiate executive body of such a business, or an unconditional opportunity of a foreign investor or group of persons class="ed"> elect twenty-five and more percent Board of Directors (supervisory board) or other collegial body in the management of such economic society; (In the wording of the Federal Law 16.11.2011 N 322-FZ) 4) an indirect order by a foreign investor or group of persons to vote (shares) constituting the charter capital of an economic society with strategic significance-an opportunity A foreign investor or a group of persons through third parties effectively manage the voting shares (shares) constituting the charter capital of a strategic society of strategic importance; 5) to block decisions of economic management bodies, which is of strategic importance-the ability of a foreign investor or group of individuals, directly or through third parties, to prevent decision-making by economic management bodies of strategic importance if, in the case of According to the legislation of the Russian Federation and the (or) charter of the economic society, such decisions shall be taken by a qualified majority of the vote or unanimously. (In the wording of the Federal Law of 1611.2011) N322-FZ) 2. The term "foreign investor" is used in the meaning referred to in article 2 of Federal Law of July 9, 1999 N 160-FZ " On Foreign Investment For the purposes of this Federal Law, foreign investors are also recognized under the control of foreign investors of the organization, including those established on the territory of the Russian Federation. In so doing, the provisions of article 5, paragraphs 1 and 2, of this Federal Act are applied to determine whether foreign investors have control over such organizations. 3. The terms "group of persons", "agreement" are used accordingly in the values specified in the Federal Act of 26 July 2006 No. 135-FZ "On the protection of competition" (hereinafter the Federal Law on the Protection of Competition). For the purposes of this Federal Law, the agreement also refers to arrangements in writing or orally aimed at the exercise of the right to vote for an economic society of strategic importance at the general assembly. shareholders (participants) of such economic society, the board of directors (supervisory board) or other collegiate authority of such economic society, as well as for other opportunities to determine the decisions of the governing bodies of such economic society, including the conditions for its implementation business. (...) (...) N 343-FH) Article 4. The terms and conditions of transactions, other actions entailing control of foreign investor or group of persons over economic societies, which have a strategic value, and some transactions involving acquisition of property of such economic communities Law dated 04.11.2014. N 343-FZ) 1. Transactions, other actions involving the control of a foreign investor or group of individuals over economic societies of strategic importance, and those referred to in article 7, paragraphs 1 to 1 of this Federal Act, which provides for the acquisition of the property of such economic entities, is permitted where there is a decision on the prior approval of such transactions, of course of action in accordance with the present law. Federal Act to be issued by the Federal The executive branch, which is authorized to carry out the functions of monitoring foreign investments in the Russian Federation (hereinafter referred to as the competent authority) and has a fixed period of validity, except in the case provided for in part 4 of this article. (In the wording of the Federal Law of 04.11.2014) N 343-FZ) 2. A foreign investor or a group of persons on whose application a decision on the preliminary negotiation of a certain transaction is made, action has the right to make such a transaction, action within the period of validity the specified solution. (In the wording of the Federal Law of 04.11.2014) N 343-FZ 3. Foreign investor or group of persons on whose application a decision has been made on preliminary approval of a transaction by which a foreign investor or a group of individuals acquires the right to directly or indirectly control a certain transaction The number of votes attributable to the voting shares (shares) that make up the authorized capital of an economic society which is of strategic importance within the period of validity of the said decision is entitled to purchase as a result of one or more transactions the right, directly or indirectly, to dispose of the agreed number of votes, The share of the voting shares (shares) constituting the authorized capital of such economic society. 3-1. A foreign investor or a group of persons on whose application a decision has been made to negotiate a transaction involving the acquisition, possession or use of property, which is a fixed asset of an economic society of strategic importance and whose value is twenty-five per cent or more of the balance sheet date determined by its accounting records of the book value of the assets of such a business of society, within the period of validity of the said decision purchase as a result of one or more transactions, respectively, ownership, possession and use of the said property, the value of which does not exceed the agreed percentage of the book value of the said assets of society. (Part added is the federal law of April 4, 2014. N 343-FZ 4. They are not subject to prior approval of a transaction with shares (shares) that make up the charter capital of an economic society having a strategic significance, and other transactions under Article 7 of this Federal Law for such a transaction. economic society (with the exception of the economic society of strategic importance and the use of the subsoil plot of federal importance) in the event that the foreign investor who intends to do so is committed prior to the transactions. to make a transaction, directly or indirectly, more than 5 per cent of the total number of votes attributable to the voting shares (shares) constituting the authorized capital of such economic society, and (or) if the foreign investor who intends to make the transaction is under control a person exercising control over such a business society. In so doing, the provisions of article 5, paragraph 1, paragraph 1, of this Federal Act apply to determine whether a person has control over such foreign investor and economic society of strategic importance. (...) (...) N 343-FZ) Article 5. Signs of the presence of an economic society, of a strategic importance, under the control of 1. The economic society, which is of strategic importance, is a controlled entity, with the exception of the economic society, which has strategic importance and uses the subsoil of the federal importance, is considered to be under of a foreign investor, a group of the controlling person, if one of the following features: 1) the controlling person has the right to directly or indirectly control (including on the basis of the agreement of trust management property, contract of a simple partnership, contract of assignment or other transactions, or otherwise) by more than fifty per cent of the total voting share (shares) constituting the authorized capital of the controlled person; 2) controlling person on the basis of or otherwise empowered to determine the decisions taken by the controlled person, including the conditions under which a controlled person is to perform business; 3) the controlling person is entitled appoint a single executive body and (or) more than fifty The percentage of the collegiate executive body of a controlled person and (or) has an unconditional opportunity to elect more than fifty per cent of the board of directors (supervisory board) or other collegial body a controlled person; 4) the controlling person exercises the authority of the controlling company of the controlled person. 2. A controlled person shall also be deemed to be under the control of the controlling person also, subject to the existence of a sign in which the controlling person is entitled, directly or indirectly, to dispose of (including on the basis of the agreement of trustee of the property, contracts of a simple partnership, contract of assignment or other transactions or otherwise) less than fifty percent of the total number of votes attributable to the voting shares (shares) constituting the authorized capital of the controlled the ratio of the number of votes to listed shares (shares) with which the controlling person is entitled and the number of votes attributable to the voting shares (shares) constituting the authorized capital of the controlled person and owned by the other shareholders (participants) of the controlled The person is such that the controlling person is able to determine the decisions taken by the person under control. 2-1. An economic society of strategic importance is considered to be under the control of foreign investors if the right to directly or indirectly control (including under the agreement of trustee of property, contract a simple partnership, a contract of instruction, or other transactions or otherwise) by more than fifty percent of the total number of votes attributable to the voting shares (shares) that make up the authorized capital of such a business or provided for under Part 2 of this article, than the five-to-ten percent of the voting shares (shares) that make up the charter capital of such an economic society belong to a group of foreign investors who are not part of the same group of foreign investors under the control of foreign States, international organizations, organizations controlled by foreign States and international organizations (excluding international financial organizations referred to in article 2, part 3) of this Federal Act), and (or) are foreign States, International organizations and (or) organizations under the control of foreign States, international organizations (with the exception of the international financial organizations referred to in article 2, paragraph 3, of this Federal Law). (Part added is the federal law of April 4, 2014. N 343-FZ 3. An economic society with strategic importance and uses the subsoil plot of federal importance-a controlled person is considered to be under the control of a foreign investor, a group of the controlling person, if any One of the following features: 1) the controlling person has the right to directly or indirectly control (including on the basis of the agreement of trustee of property, contract of simple partnership, contract of assignment or as a result other transactions, or on other grounds) and more than a percentage of the total number of votes of the voting shares (shares) that make up the authorized capital of the controlled person; (In the wording of Federal Law 16.11.2011. N 322-FZ) 2) the controlling person on the basis of the contract or otherwise has the right or authority to determine the decisions taken by the person under control, including the determination of the conditions of the person to be exercised business; 3) the controlling person has the right to appoint a single executive body and (or) twenty-five and more per cent of the composition of the collegiate executive body the person and/or has the unconditional opportunity to elect twenty-five and more than a percentage of the board of directors (supervisory board) or other collegiating organ of the controlled person; (In the wording of Federal Law 16.11.2011. N 322-FZ) 4) the controlling person exercises the authority of the controlling company of the controlled person. Article 6. Activities of strategic importance to ensure the country's defence and security State For the purpose of this Federal Act, activities of strategic importance for the purposes of this Act are: State defence and security include: 1) carrying out work on hydrometeorological processes and phenomena; 2) performing active work impact on geophysical processes and phenomena; 3) The use of infectious disease pathoders, subject to licensing under Russian legislation, except in the case of its implementation by economic entities, core activities of which is connected with the production of food products; (In the wording of the Federal Law of 04.11.2014). N 343-FZ ) 4) Placement, construction, operation and decommising of nuclear facilities, radiation sources and storage sites for nuclear materials and radioactive substances, radioactive waste storage facilities, With the exception of the operation of the exploitation of radiation sources by economic entities in the civil sector of the economy, for which the activity is not the main activity; (In the wording of the Federal Law 16.11.2011 N 322-FZ) 5) handling nuclear materials and radioactive substances, including for the exploration and production of uranium ore, in the production, use, processing, transport and storage of nuclear materials; and Radioactive substances; 6) radioactive waste management in storage, processing, transport and burial; 7) use of nuclear materials and (or) radioactive substances in conducting research and development; 8) design and construction of nuclear facilities, radiation sources, storage sites of nuclear materials and radioactive materials, radioactive waste storage facilities; 9) construction and manufacture of equipment for nuclear facilities, radiation sources, storage sites for nuclear materials and radioactive substances, radioactive waste storage facilities; 10) to provide expertise on design, design, technological documentation and documentation supporting the nuclear and radiation safety of nuclear facilities sources, storage sites for nuclear materials and radioactive substances, radioactive waste storage, handling of nuclear materials, radioactive substances and radioactive wastes; 11) to be licensed in OF THE PRESIDENT OF THE RUSSIAN FEDERATION 12) to be licensed according to OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION N 322-FZ) 13) subject to the legislation of the Russian Federation for the maintenance of cryptographic (cryptographic) equipment, except for this type Activities carried out by banks in which the share of the Russian Federation does not have a share (contribution) of the Russian Federation; (In the wording of the Federal Law 16.11.2011 N 322-FZ) 14) supply of services in the area of encryption of information, except for this type of activity carried out by banks with no share (contribution) of the Russian Federation Federation; (In the wording of Federal Law of 16.11.2011). N 322-FZ 15) activities to identify electronic devices intended for the untransparent receipt of information, in premises and equipment (except if the activity is carried out for ); 16) development, production, sale and acquisition for the purpose of selling special equipment intended for the unacknowledged receipt of information by legal entities; business; 17) development weapons and military equipment; 18) arms and military equipment; 19) repair of weapons and military equipment; (20) weapons and military equipment; 21) arms and military trade technology; 22) manufacture of weapons and major parts of firearms (except for cold, civil and service weapons); 23) production of ammunition for weapons and parts of ammunition (except for production of ammunition for civilian and service weapons); (24) Trade in arms and main firearms and ammunition (excluding trade in cold, civil and service weapons and ammunition for civilian and service weapons); 25) development and production munitions and their parts; 26) disposal of ammunition and their parts; 27) production of industrial explosives and their dissemination activities; 28) (...) (...) operations; 30) development of aircraft, including dual use aircraft; 31) aircraft engineering, including dual-use aircraft; 32) Aircraft, including dual-use aircraft (excluding repair of units and units performed by civil aviation organizations); (33) tests of aircraft, including aircraft (...) (...) The territory is inhabited by a population of half or more than half of the population of the constituent entity of the Russian Federation; 35) broadcasting in the territory within which the population resides, a half or more of the population of the constituent entity of the Russian Federation; 36) to provide services to a business entity on the register of natural monopolies in the areas referred to in article 4, paragraph 1 Federal Act dated August 17, 1995 N 147-FZ " On natural monopolies ", except for natural monopolies in the services of public telecommunications and public services Postal communications, heat transfer services and transmission of electricity to distribution networks of, services in ports in the Russian Federation; (In the wording of Federal Law the registry and dominant position: a) in the geographical boundaries of the Russian Federation in the telecommunications market (with the exception of Internet access services); b) in the territories of the Russian Federation fixed telephone service; in) in the geographical boundaries of cities of federal importance in the market of fixed telephone services; g) for the provision of services in ports in the Russian Federation. The list of such services is approved by the Government of the Russian Federation; the subparagraph is supplemented by the Federal Law of April 4, 2014. N 343-FZ ) 38) the activity of a dominant actor dominating the production and sale of metals and alloys with special properties used in the production of arms and Military equipment; 39) geological exploration of subsoil and (or) exploration and production of mineral resources in subsoil areas of federal importance; 40) production (harvesting) of aquatic biological resources; 41) by a business entity, if it is such a business entity The actor is capable of printing at least two hundred million sheets of sheets of prints per month; 42) by a publisher, and (or) publisher, and (or) founder of the periodical press The publication in the event that the cumulative circulation of produced products, issued in the light of one year prior to the transaction or the filing of an application, was not less than: a) Fifteen millions of copies of periodicals coming out of Two and more times per week; b) two and a half million copies of periodicals that are published once a week, once every two weeks or once every three weeks; Thousands of copies of periodicals published once a month or once every two months; g) 300 thousand copies of periodicals coming out once per quarter and less frequently; (Paragraph in the revision of Federal Law dated 04.11.2014. N 343-FZ ) 43) activities to assess the vulnerability of transport infrastructure and vehicles by specialized organizations; (Paragraph added: Federal law dated 03.02.2014 N 15-FZ)44) the protection of transport infrastructure and vehicles against illegal interference by transport security units; Federal Law of 03.02.2014 N 15-FZ) 45) the performance of the certification of transport security forces carried out by the reporting organizations in accordance with the Russian Federation's legislation on transport security. (The paragraph is supplemented by the Federal Law of 3 February 2014. N 15-FZ Article 7. Transactions, other actions covered of this Federal Law (In the wording of Federal Law dated 04.11.2014. N 343-FZ) 1. Transactions subject to prior approval under this Federal Law include the following transactions: (1) of the transaction (excluding transactions in respect of shares (shares) that make up the authorized capital of a business of a society of strategic importance and use of the subsoil of the federal importance), as a result of which a foreign investor or group acquires: (a) the right to order more directly or indirectly of the total number of votes attributable to the voting shares (shares) constituting a charter capital of the economic society of strategic importance; b) the right to appoint a single executive body and (or) more than fifty per cent of the membership an executive body of a economic society with strategic importance, and (or) an unconditional opportunity to elect more than fifty per cent of the board of directors (supervisory board) or other collegial body of government economic society; (2) shares (shares), The constituent capital of an economic society which has a strategic significance and uses the subsoil plot of federal importance, if, as a result of these transactions, a foreign investor or group of persons acquires: (a) The right, directly or indirectly, to use twenty-five and more per cent of the total voting share (shares) constituting the authorized capital of such a business society; class="ed"> (In the federal law 16.11.2011. N 322-FZ) b) the right to appoint the single executive body and (or) twenty-five and more per cent of the collegiate executive body of such economic society and (or) unconditional The possibility of electing twenty-five and more per cent of the board of directors (supervisory board) or other collegiate body of the management of such an economic society; (In the wording of Federal Law 16.11.2011. N 322-FZ) 3) transactions aimed at the acquisition by a foreign investor or group of persons of the right, directly or indirectly, to dispose of shares (shares) constituting the authorized capital of an economic society Strategic value and use of the subsoil plot of federal importance, if this foreign investor or group has the right, directly or indirectly, to dispose of not less than twenty-five per cent and no more than seventy. 5 per cent of the total votes attributable to the voters The shares (shares) constituting the authorized capital of such economic society (excluding transactions resulting in the participation of this foreign investor or group of persons in the charter capital of such economic society shall be increased if such transactions are carried out with the increase of the authorized capital of such economic society or are carried out by persons under article 5, paragraph 1, of this Federal Act under the control of the person, on the exercise of control over such an economic society); Law of 04.11.2014. N 343-FZ ) 4) treaties on the performance of a foreign investor or a group of individuals by a commercial organization or an individual entrepreneor as an executive (management organization) for a business a society of strategic importance; 5) transactions aimed at the acquisition by a foreign State, an international organization or under their control by the organization of the right, directly or indirectly, to dispose of more than twenty 5 per cent of the total number of votes attributable to voting shares (shares) that make up the authorized capital of an economic society having a strategic significance or other means to block decisions of the authorities of such economic society or the right to directly or indirectly control over than five per cent of the total voting share (shares) constituting the charter capital of a commercial society having a strategic importance and uses the subsoil area of the federal importance; 6) other transactions, agreements The aim is to give the foreign investor or group of persons the right to determine the decisions of the management bodies of a business society of strategic importance, including the conditions for their entrepreneurial activity. (In the wording of the Federal Law of 04.11.2014) N 343-FZ) 1-1. Transactions subject to prior approval in accordance with this Federal Act, together with the transactions referred to in Part 1 of this Article, include transactions involving acquisition, possession or use of property Property, which refers to the main productive assets of a economic society of strategic importance, and whose value is twenty-five per cent and more of the last reporting date determined by its data accounting statements of the book value of the assets of such of society. (Part added is the federal law of April 4, 2014. N 343-FZ) 2. The transactions referred to in paragraphs 1, 2 of Part 1 and Part 1-1 of this article include: (In the wording of Federal Law ; 3) sales contracts, gifts, menus, leases, fiducials, grants, and (or) such agreements, which provide for the acquisition by a foreign investor or group of persons Property ownership, possession or use of property that is related to the main productive assets of a economic society of strategic importance and whose value is twenty-five or more of a certain amount of data the accounting records of the last reporting date of the book value The assets of such an economic society. (The paragraph is supplemented by the Federal Law of 04.11.2014). N 343-FZ 3. Transactions involving the control of an economic society of strategic importance and subject to prior approval in accordance with this Federal Law (hereinafter referred to as transactions) shall also include any transactions; if they are committed by a foreign investor or a group of individuals against third parties directly or indirectly exercising control over an economic society of strategic importance and involves the control of a foreign investor or groups of individuals over such economic society. 3-1. In addition to the transactions referred to in parts 1 to 3 of this article, prior approval, in accordance with the procedure established by this Federal Law for the prior approval of such transactions, shall also be subject to other acts which result in A foreign investor or a group of persons acquires the right to determine the decisions of the management bodies of an economic society of strategic importance, including the conditions for their business activities. (Part added is the federal law of April 4, 2014. N 343-FZ) 4. The requirements of this article, together with those provided for in parts 1 to 3 of this article, are subject to other cases of acquisition of shares (shares) that result in the direct or indirect installation of a foreign investor or group of persons. Control of an economic society of strategic importance, including through the obligation of foreign investors or a group of persons to purchase securities of such economic society in accordance with Article 84-2 Federal Act dated December 26, 1995 N 208-FZ. 5. In the event that a foreign investor or a group of persons with strategic importance is monitored by a change in the voting ratio of voting shares (shares) The charter capital of such a business society, at the general meeting of its shareholders (participants) as a result of the acquisition, transfer or redemption of its own shares (shares of its authorized capital), distribution owned by such economic society as a proportion of its participants, The conversion of preferred shares into ordinary shares and other grounds stipulated by the legislation of the Russian Federation, a foreign investor or a group of persons are obliged to submit an application for the harmonization of control. under this Federal Act, within a period not exceeding three months from the date of control of such an economic society. Article 8. { \b Order } { \b } { \b } { \b } { \b } { \b } { \b A foreign investor or a member of a group of legal persons or individuals who intend to carry out any of the transactions referred to in article 7, paragraphs 1 to 4, of this Federal Act, or have established control over the economic society, of strategic importance, pursuant to article 7, paragraph 5, of this Federal Act (hereinafter also the applicant), are required to submit in two copies to the authorized body, respectively, a request for prior coordination of such a transaction or such transactions, request for approval (...) (...) (In the wording of the Federal Law of 04.11.2014) N 343-FZ) 2. The application for preliminary approval of the transaction shall include the following documents: 1) a declaration of prior approval of the transaction, which contains a proposal for the duration of the decision on the preliminary negotiation of the transaction, The Convention on the Rights of the Rights of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the the number of votes of the voting shares (shares) constituting the charter The capital of an economic society which is of strategic importance in the declaration of prior approval of transactions shall indicate the number of votes attributable to the said voting shares (shares) with which the intention is to order Purchase of a claimant); 2) a document confirming the State registration of the applicant, a legal entity or a natural person, as an individual entrepreneor under the law of the State concerned, or in relation to the applicant, a legal entity, a different supporting fact the document confirming the identity of the claimant, the physical person; 4) a document confirming the establishment of the applicant, a foreign organization other than a legal entity, in accordance with The law of the State in which it was established; 5) the constituent documents of the applicant, a legal entity; 6), the draft treaty or other agreement revealing the contents of the transaction (except in the case of an application the preliminary negotiation of transactions that have resulted in The applicant shall acquire the right, directly or indirectly, to dispose of a certain number of votes attributable to the voting shares (shares) constituting the charter capital of a strategic society of strategic importance; 7) which contains information on the main activities of the applicant by the applicant within two years prior to the day of the application, or if the duration of the applicant's performance is less than two years, during the period of this period of implementation and is made in an arbitrary manner (for the exception of transactions by a foreign State); 8) a document containing information on the composition of the group of persons to which the applicant is a member, as well as information about his participation in the agreementsthat may be available A significant impact on the activities of a economic society of strategic importance and the involvement of such a society in the implementation of the activities provided for in article 6 of this Federal Law; class="ed"> (In the federal law dated 04.11.2014. N 343-FZ) 9) a document containing information on the applicant's control and on the evidence of the applicant's presence under article 5 of this Federal Law; 10) A business plan of a business society that is of strategic importance, in accordance with the type or activities referred to in article 6 of this Federal Law, in the form approved by the authorized body (except in cases of commission Transactions referred to in article 7, paragraphs 2, 3 and 5, of this Federal law and foreign transactions); 11) a document containing information on shares (shares) constituting a charter capital of a strategic society and owned by the applicant, as well as about other circumstances existing at the date of the application and entailing a transaction under this Federal Act to establish the control of a foreign investor or a group of persons over a business society, ; 12) an accounting balance of a business society of strategic importance, as at the last reporting date, preceding the date of application (in the case of an application for prior approval of the transaction, of article 7 (1) of this Federal Act. N 343-FZ )13) information on the book value of the assets of a business society of strategic importance, as at the last reporting date prior to the submission of the application (in the case of The application for prior approval of the transaction referred to in article 7, paragraphs 1 to 1, of this Federal Act. (The paragraph is supplemented by the Federal Law of 04.11.2014). N 343-FZ 3. The application for the harmonization of control shall include a declaration on the harmonization of control, addressed to the authorized body and composed in an arbitrary manner, as well as the documents referred to in paragraphs 2 to 5, 7 to 9 and 11 of Part 2. of this article. 4. The applicant is entitled to submit to the authorized body, in accordance with the established procedure, copies of the documents referred to in paragraphs 2 to 5 of Part 2 of this article. The applicant shall submit certified copies of the documents certified in accordance with paragraphs 12 and 13 of part 2 of this article to the authorized body. (...) (...) N 343-FZ) 5. The claimant is entitled to submit to the authorized body, together with the documents referred to in part 2 or 3 of this article, other documents and information as it may deem necessary to establish the complainant's control the economic society of strategic importance and the signs of this economic society under the control of article 5 of this Federal Law,as well as other information necessary for the characteristics of the proposed transaction and (or) the acceptance in respect of the transaction (In the wording of Federal Law of 16.11.2011). N322-FZ) 5-1. In the event that the documents referred to in paragraph 2 of Part 2 of this article are not submitted by the applicant, provided that the applicant is a legal entity registered under the laws of the Russian Federation or a natural person, Registered as an individual entrepreneor in accordance with the legislation of the Russian Federation, at the interdepartmental request of the authorized body, the federal executive authority conducting State registration natural persons as individual Businessmen and peasant (farm) holdings, provide information confirming that the applicant has been entered into a single public register of legal entities or a single state register of sole proprio entrepreneurs. (Part of the addition is the federal law of 1 July 2011. N 169-FZ) 6. In the case where the fact that the transaction referred to in article 7 of this Federal Act has been made, the fact that the applicant's control over a economic society of strategic importance is not apparent, the applicant is entitled to be sent to The authorized body is requested to agree on such a transaction in accordance with this Federal Law with the application of the documents referred to in paragraphs 2 to 5, 7 to 9 and 11 of Part 2 of this Article. Within thirty days from the date of receipt of the request by the authorized body, it is obliged to consider the request and send a substantive reply to the complainant and to inform the Government Commission of the inquiry about this request OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 9. The procedure for considering the application by the competent authority 1. No more than fourteen days from the date of receipt of the application, the authority is obliged: 1) to register the motion; 2) to check whether the application of the documents referred to in article 8, part 2 or 3, of the petition is made available. of this Federal Law. If not all of these documents are present in the application, the authority shall request the applicant to file the missing documents. If the applicant fails to submit the missing documents within one month from the date of the request, the authority shall return the application to the applicant without consideration; 3) determine whether the claimant has established control over the business. by a society of strategic importance as a result of the alleged transaction or pursuant to article 7, paragraph 5, of this Federal Act. 2. In the event that the competent authority, when considering the application, determines that the applicant has not been able to establish control over a business society of strategic importance as a result of the alleged transaction or pursuant to Part 5 Article 7 of this Federal Law, within three working days from the date of the determination of this fact, the competent authority is required to decide whether or not to make such a decision. a copy of the decision to the Commission, except as provided for in the Part 3 of this article. In this case, the prior approval of the transaction or the approval of the control is not required. 3. In the event that an authorized body has determined that the applicant does not establish control over a business society of strategic importance as a result of the alleged transaction, it is subject to approval In accordance with paragraph 3 or 5 of Part 1, Article 7, part 1, of this Federal Law, within a period of not more than thirty days from the date of determination of this fact, the authorized body is obliged to carry out the actions provided for in this article. Article 10 of this Federal Act. In the wording of the federal laws of 1611, 2011. N 322-FZ; dated 04.11.2014 N 343-FZ) 4. In the event that the competent authority in the examination of the application is established that, pursuant to article 2, paragraph 2, of this Federal Act, the applicant is not entitled to conduct transactions entailing control of the economic activity. by a society of strategic importance within three working days of the definition of this fact, the authority is required to decide whether or not to make such a decision A copy of the decision to the Commission. 5. In the event that an authorized body determines when the applicant establishes control over a business society of strategic importance as a result of the alleged transaction or pursuant to Part 5 Article 7 of this Federal Law, within no more than thirty days from the date of the determination of this fact, the authorized body is obliged to carry out the acts referred to in article 10 of this Federal Law. Article 10. The order of inspection of economic communities that have strategic value 1. Within three working days of the determination of the facts referred to in parts 3 and 5 of article 9 of this Federal Law, the authorized body is obliged to send to the federal executive authority in the field of defence and the federal executive body The authorities in the field of security are requested to provide information about the threat of the country's defence, the security of the State, or the absence of such a threat as a result of the related transaction. by a society of strategic importance or with shares (shares) its authorized capital, or as a result of the establishment of control in accordance with article 7, paragraph 5, of this Federal Act, and within no more than thirty days from the date of the determination of the above-mentioned facts The conformity of this economic society with the following signs: (In the wording of Federal Law of 16.11.2011) N 322-FZ) (1) that this economic society has licences to carry out activities under article 6 of this Federal Law and subject to licensing under Russian law Federation; (2) the existence of a licence to conduct work using State secrets; (3) the existence of a licence to carry out Foreign Economic Operations with Controlled Goods and Technologies, OF THE PRESIDENT OF THE RUSSIAN FEDERATION supply of goods (works, services) to the state defense order within five years preceding the year of the application; 6) the presence of this economic society in the register of natural subjects monopolies; 7) implementation The society of the activity of the economic entity dominating the telecommunications market; 8) the presence of this economic society in the register provided for in article 23 of the Federal Law "About protection of competition"; 9) that this economic society has exclusive rights to the results of intelligent technology activities, that have an important social and economic significance, or that are important to The defence of the country and the security of the State (critical technologies) and whose list is approved by the Government of the Russian Federation, except for the exclusive rights of the applicant to this economic society; 10) of this economic society of the right to geological exploration of subsoil and (or) exploration and production of minerals in subsoil areas of federal importance; 11) the existence of a decision of the state authority and the treaty with this economic by the society on the basis of which it has the right to produce (catch) water biological resources; (In the wording of Federal Law No. N 420-FZ) 12) the existence of a licence to carry out activities in the field of communication services for television broadcasting, broadcasting or contract with an organization with such a licence Provision of communication services for television broadcasting, radio and television. 2. The requests referred to in part 1 of this article shall be accompanied by a single copy of the application. (...) (...) N 343-FZ 3. For no more than thirty days from the date of receipt of the request from the authorized body, the Federal Government in the field of defence and the federal executive authority in the field of security shall be sent to the Commissioner the institution of a threat to the country's defence, security of the State, or the absence of such a threat as a result of the transaction or as a result of the establishment of control pursuant to article 7, paragraph 5 of this Federal Law. (...) (...) N322-FZ) 4. In the event that a business society of strategic importance corresponds to the criterion referred to in paragraph 2 of part 1 of this article, within three working days from the date of determination of that fact, the designated authority is obliged to send the Interdepartmental Commission for the Protection of State Secrets in the request for information on the existence of an international treaty of the Russian Federation on the basis of which the applicant is a foreign natural person or foreign natural person by officials or employees of the applicant of a legal entity, may be admitted to the OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5. Within a period of not more than fourteen days from the day of receipt of the request from the authorized body, the Interdepartmental Commission for the Protection of State Secrecy submits to the authorized body an opinion on the existence of an international treaty of the Russian Federation, as provided for in Part 4 of this Article. 6. Within three days from the end of the inspection referred to in Part 1 of this Article and the entry into the authorized body of the findings of the federal executive branch in the provinces referred to in paragraphs 3 and 5 of this article. The defence and the federal executive branch in the field of security, and the conclusion of an interministerial commission for the protection of State secrets (if in accordance with Part 4 of this article such a request was made) The authorized body shall transmit the findings to the Commission, request and As a result of the inspections referred to in article 9, paragraphs 2 and 3, of this Federal Act, Part 1 of this article, the materials, as well as its proposals for a decision on preliminary approval of the transaction or Reconciliations of control or decision not to negotiate a transaction or agree on a control. (In the wording of the Federal Law of 1611.2011) N322-FZ) 7. Decisions, actions (inaction) of the authorized body in connection with the examination of the application and the inspection of economic societies of strategic importance may be challenged by the applicant in court in accordance with the established procedure. Article 11. Consideration of the application by the Commission 1. Within a period of not more than thirty days from the date of receipt of Article 10 of this Federal Law of Petitions, Opinion and Materials, the Commission takes one of the following decisions: 1) on prior approval of the transaction or on the harmonization of control; 2) on the prior approval of the transaction or on the harmonization of control, with an agreement with the applicant to ensure that the applicant fulfilled the obligations under article 12 of this Federal Law; 3) to refuse provisional Reconciliating a transaction or agreeing on a control. 2. The duration of the decision on prior approval of the transaction shall be determined by the Commission on the basis of a proposal by the applicant and shall be indicated in that decision. 2-1. If it is necessary to extend the period of validity of the decision on preliminary approval of a certain transaction, the applicant whose application has been made has the right to submit to the authorized body a request justifying the extension (a) The need for specification of timetables for the implementation of decisions; Extension of the decision on provisional agreement of the transaction or the refusal of such an extension shall be granted on the basis of a decision of the Commission within three working days from the date of its adoption by the competent authority to the applicant. (Part added is the federal law of April 4, 2014. N 343-FZ 3. The prior approval of the transaction or the harmonization of the establishment of control or the refusal of such approval shall be made on the basis of a decision of the Commission within three working days of its acceptance by the competent authority to the applicant. In the event that the applicant does not enter into an agreement referred to in paragraph 2 of part 1 of this article, the authorized body shall issue a decision on refusal of prior approval of the transaction or approval of a determination Control in the manner prescribed by article 12 of this Federal Law. (...) (...) N322-FZ) 4. The time limit for the consideration of the application by the competent authority and the Commission may not exceed three months from the date of registration of the application by the authorized body until the date of prior approval of the transaction or the approval of the determination of control or refusal. The preliminary agreement of the transaction or the approval of the establishment of control, which shall be formalized by a corresponding decision of the authorized body. In exceptional cases, the time limit for the consideration of an application for a decision of the Commission may be extended by three months. 5. The statute of the Commission and its composition are approved by the Government of the Russian Federation. 6. The procedure for the prior approval of transactions, the harmonization of control and the procedure for the consideration of motions in part not regulated by this Federal Act shall be established by the Government of the Russian Federation. 7. The Commission's decision to refuse preliminary approval of the transaction or to agree on a control and the decision of the Commission on preliminary approval of the transaction or the harmonization of control may be challenged in the Supreme Court of the Russian Federation. THE RUSSIAN FEDERATION (...) (...) N 29-FZ) Article 12. { \cs6\f1\cf6\lang1024 } Commission { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } } { \b } { \b } { \b } { \b } { \b { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 }{ \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 }{ \cs6\f1\cf6\lang1024} { \cs6\f1\cf6\lang1024 href=" ?docbody= &prevDoc= 102121606&backlink=1 & &nd=102151954 "target="contents" title= " "> 16.11.2011. N322-FZ) 1. In the case of a decision by the Commission to prior approval of the transaction or to agree on the establishment of a control, if there is agreement with the applicant for the enforcement of the obligations specified in this part of the obligations, the Commission shall decide one or the following: Several of the following obligations imposed on the applicant: (In the wording of Federal Law of 16.11.2011) N 322-FZ) (1) formation of a management body of a economic society of strategic importance from among persons who, in accordance with the legislation of the Russian Federation, may be admitted to the information that constitutes of the State secret, and the exercise by such economic society of measures to protect State secrets in accordance with the legislation of the Russian Federation on the protection of State secrets, including, if necessary, securing admission The claimant is either an individual or an official or an employee The applicant is a legal entity to the information that constitutes a State secret, the processing of this admission in accordance with the legislation of the Russian Federation on the protection of State secrets; 2) the continuation of such economic activity. Society for the supply of products (works, services) under the state defence order; 3) continuation of such operations by such economic society to maintain mobilization capacity; 4) to carry out such economic activities by society in the provision of services at prices (tariffs), of the Russian Federation law on natural monopolies; 5) the execution of the applicant's business plan for such a business society; 6) immediately accepted OF THE PRESIDENT OF THE RUSSIAN FEDERATION economic society; 7) conservation of such economic by the society of the average number of employees during the period determined by the decision on the preliminary negotiation of the transaction or on the harmonization of control; 8) the processing in the Russian Federation of mineral resources, produced by an economic society of strategic importance and using the subsoil area of the federal importance; 9) in the Russian Federation of the biological resources extracted (harvested) a society of strategic importance. (The paragraph is supplemented by the Federal Law of 04.11.2014). N 343-FZ) 2. The obligations referred to in part 1 of this article and the basis of which are the requirements established by federal laws or other normative legal acts of the Russian Federation shall be vested in the applicant in the case of unconditional. 3. In the case provided for in part 1 of this article, the authorized body shall, on the basis of the decision of the Commission referred to in paragraph 1 of this article, prepare an agreement with the applicant, to be signed by an authorized body, and The claimant's obligation is to ensure that certain obligations are met and where the claimant's conditions of performance are determined, and the claimant's liability for the breach of these obligations. Such an agreement shall be concluded on the basis of a decision of the Commission within no more than thirty days from the date of receipt of that decision to the authorized body. The applicant may apply to the authorized body for an extension of such an agreement, but not for more than fourteen days. The indicative form of such an agreement, specifying its essential conditions, shall be established by the authorized body. (...) (...) N322-FZ) 4. The obligations imposed on the applicant and determined by the agreement referred to in part 3 of this article shall be in conformity with the obligations set out in the decision of the Commission referred to in article 11, paragraph 2, of this Federal Law, (a) The purpose of the organization; (...) (...) N322-FZ) 5. Within three working days from the date of signature by the authorized body and the applicant of the agreement referred to in paragraph 3 of this article, the authorized body shall, pursuant to the decision of the Commission referred to in article 11, paragraph 2, of this article, The Act provides for the preliminary approval of the transaction or for the harmonization of control. The agreement shall enter into force at the same time as the authorized body. In the event that the applicant has refused to accept, in whole or in part, the obligations determined by the Commission under this article or in the event of the non-conclusion of the said agreement within the prescribed time limit, the authorized body within three The working days shall be issued by an appropriate act against the refusal of prior approval of the transaction or agreement on the establishment of control. The authorized body shall inform the Commission within three working days of the adoption of the decisions. (...) (...) N322-FZ) 6. The Agreement, as set out in part 3 of this article, shall remain in force for the entire period until the economic society of strategic importance is under the control of the applicant. 7. The decision of the competent authority to modify the terms of the agreement referred to in part 3 of this article shall be authorized by the agreement of the parties only on the basis of a decision of the Commission and shall be committed in the same form and manner as that agreement. In doing so, it is not necessary to make changes to the decision on the prior approval of the transaction or to agree on the establishment of control in part of the modification of the obligations imposed on the applicant. The modification of the terms of the agreement is only possible because of a significant change in the circumstances on which the agreement was based. 8. The agreement referred to in part 3 of this article shall provide, in addition to the consequences referred to in article 15, paragraph 4, of this Federal Act, the other consequences of failure by the applicant to comply with the provisions of this article. The agreement of obligations, including payment of liquidated damages, application of other measures of civil liability, as well as the procedure for compensating the damages caused by such a failure. Article 13. The rights and responsibilities of the authorized body and of the operational subdivisions of the federal security services 1. The authorized body has the right to request and receive documents and information referred to in articles 9 and 10 of this Federal Law. 2. If necessary, the authorized body has the right to initiate, in accordance with the established procedure, an expert assessment of the information that the applicant may have access to the information constituting a State secret. 3. The authorized body shall verify the fulfilment by a foreign investor or a member of a group of persons, legal or natural, of the obligations assumed under article 12 of this Federal Act. 4. Natural and legal persons, including holders of registers of shareholders of joint-stock companies of strategic importance, are required to submit, at the request of the authorized body within the prescribed time, valid documents, explanations in writing or other information necessary for the authorized body to carry out its functions, including information constituting a State, commercial, official or other legally protected secret. (...) (...) N 343-FZ) 5. Information constituting a State, commercial, official, other secret protected by law and obtained by the authorized body in the exercise of the functions specified by this Federal Act shall not be disclosed, except in the case of cases, OF THE PRESIDENT OF THE RUSSIAN FEDERATION For disclosure of the said information, the employees of the authorized body carry the responsibility stipulated in the legislation of the Russian Federation. The damage caused to natural or legal persons by disclosure by the authorized body of the said information shall be compensated in the manner prescribed by the law of the Russian Federation. 6. In order to determine whether foreign investors, foreign investors or a group of individuals have been identified as having a strategic importance, as well as the existence of a foreign investor, foreign investors, and by third parties, the operational units of the Federal Security Service are entitled to carry out operational investigative activities in the order that they are aimed at establishing control over a society of strategic importance. THE RUSSIAN FEDERATION operational search operations. The results of the operational investigative activities of the operational units of the Federal Security Service may be used in evidence pursuant to the legal actions referred to in article 15 of this Federal Law. (...) (...) N 343-FZ) Article 14. Notice of the transactions with shares (shares) that make up the charter capital of strategic value, transactions, other actions to be performed Prior Reconciliations Foreign investors or a group of persons are obliged to submit to the authorized body information on the purchase of five or more shares in the procedure established by the Government of the Russian Federation (shares) in the charter capital of economic societies strategic importance as well as the commission of transactions, other actions, the decision on preliminary coordination of which is made in accordance with this Federal Law. (...) (...) N 343-FZ Article 15. Legal consequences of non-compliance requirements of this Federal Law 1. The transactions referred to in article 7 of this Federal Act and in violation of the requirements of this Federal Act are null and void. 2. The court shall apply the consequences of the nullity of the void transaction in accordance with civil law. In the event that a transaction that results in the control of a foreign investor or group of persons over an economic society of strategic importance, the requirements of this Federal Act are not taken into account and the said The transaction cannot be applied the consequences of the nullity of the transaction, and also in the event that the foreign investor has not submitted an application for approval of the control pursuant to Part 5 to the authorized body within the prescribed period of time. Article 7 of this Federal Law, the court at the request of the competent authority takes the decision to deprive a foreign investor or group of persons of the right to vote at the general meeting of shareholders (participants) of economic society of strategic importance. If a foreign investor or a group of persons is deprived of the right to vote at the general meeting of shareholders (participants) of a business society of strategic importance belonging to a foreign investor or a group of voices, shall be taken into account in determining the quorum of the general meeting of shareholders (participants) of such economic society and the calculation of votes at the general meeting of shareholders (participants) of such economic society. 3. Decisions of the general meeting of shareholders (participants) of economic society of strategic importance and other authorities of such economic society and transactions made by such economic society after the establishment of the foreign An investor or a group of individuals, in violation of the requirements of this Federal Act, may be declared null and void by the competent authority. 4. A gross or repeated failure by a foreign investor, or a group of persons, to comply with the obligations assumed under article 12 of this Federal Act, is punishable by deprivation of foreign an investor or a group of persons in court on the claim of the authorized body of the right to vote at the general meeting of shareholders (participants) of an economic society of strategic importance, in which case the foreign investor or group The votes are not counted in the determination of the quorum of the General Shareholders Meeting (participants) of such economic society and the counting of votes at the general meeting of shareholders (participants) of such economic society. 5. If a foreign investor or a group of individuals who have established control over a business society of strategic importance, in accordance with the procedure provided for in article 7, paragraph 5, of this Federal Act, has been refused the agreement Control, this foreign investor, or a group of persons within three months from the date of the decision by the competent authority to refuse to agree on the establishment of a control, shall be obliged to dispose of part of its shares (shares). of economic society in such a way that the remaining shares (shares) are not gave this foreign investor or this group of persons the right to control such an economic society. In the event that this requirement is not met, the foreign investor or the group of persons shall be deprived of the right to vote at the general meeting of shareholders (participants) of the economic society having a strategic interest. The value of the foreign investor or the group of persons belonging to that foreign investor or group shall not be counted in the determination of the quorum of the general meeting of shareholders (participants) of such economic society and the counting of votes at the general meeting of shareholders (participants). of such an economic society. Article 16. The action of this Federal Law over time 1. This Federal Act applies to relations involving foreign investors or a group of persons investing in the acquisition of shares (shares) of economic entities of strategic importance and other transactions, which entails the control of a foreign investor or a group of persons over economic societies of strategic importance, which have arisen after the day of the entry into force of this Federal Law. In relation to foreign investors or a group of persons investing in the acquisition of shares (shares) of economic societies of strategic importance and the commission of other transactions entailing control A foreign investor or a group of individuals over economic societies of strategic importance and that has arisen prior to the day of the entry into force of this Federal Act, this Federal Act applies to the rights and obligations that will occur after the date of its entry into force. 2. This Federal Act does not apply to transactions prior to the date of entry into force of this Federal Act. 3. Within 100 days of the day of the entry into force of this Federal Act, a foreign investor or a group of persons is obliged to submit to the authorized body in accordance with the procedure established by the Government of the Russian Federation, information on ownership by a foreign investor or a group of persons of five or more shares (shares) that make up the charter capital of an economic society of strategic importance and acquired by a foreign investor or group of persons before the day of entry into force of this Federal Law. Article 17. Entry into force of this Federal Law This Federal Law shall enter into force on the date of its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin , 29 April 2008 N 57-FZ