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Prohibiting Certain Categories Of Persons To Open And Operate Accounts (Deposits), Store Cash And Valuables In Foreign Banks Located Outside The Territory Of The Russian Federation, Hold And (Or) Use Foreign ...

Original Language Title: О запрете отдельным категориям лиц открывать и иметь счета (вклады), хранить наличные денежные средства и ценности в иностранных банках, расположенных за пределами территории Российской Федерации, владеть и (или) пользоваться иностранными...

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RUSSIAN FEDERATION FEDERAL LAW On banning certain categories of persons to open and have accounts (deposits), store cash and value in foreign banks, located outside the territory Russian Federation, own and (or) use foreign financial instruments adopted by the State Duma on April 24, 2013 Russian Federation on 27 April 2013 class="ed">(In the Federal Law of 22.12.2014) N 431-FZ; dated 03.11.2015 N 303-FZ; dated 28.11.2015 N 354-FZ) Article 1 This Federal Law for the National Security of the Russian Federation, the Regularization of Lobbying Activities, and the Development of Investment in the Russian Federation The national economy and the efficiency of the fight against corruption are prohibited by the decision-making of the Russian Federation's sovereignty and national security, and (or) national security issues. participating in the preparation of such decisions, to open and hold accounts " (Deposits), to keep cash and value in foreign banks located outside the territory of the Russian Federation, to own and use foreign financial instruments, determines the categories of persons against whom The prohibition, the procedure for verifying compliance with the prohibition and the measures of liability for its violation shall be established. In the wording of Federal Law No. N 431-FZ) Article 2 1. It is prohibited to open and have accounts (deposits), store cash and value in foreign banks located outside the territory of the Russian Federation, own and use foreign financial instruments: (1) persons who replace (occupying): (a) State positions of the Russian Federation; b) the post of First Deputy and Deputy Procurator-General of the Russian Federation; in) the positions of Council members the Central Bank of the Russian Federation; OF THE PRESIDENT OF THE RUSSIAN FEDERATION or the Procurator-General of the Russian Federation; (e) positions of deputy heads of federal executive bodies; g) posts in public corporations (companies), funds and other organizations established OF THE PRESIDENT OF THE RUSSIAN FEDERATION of which the President of the Russian Federation or the Government of the Russian Federation is appointed and whose release is carried out by the President of the Russian Federation or the Government of the Russian Federation; Municipalities exercising the powers of heads of local administrations, heads of local administrations; (In the wording of Federal Law dated 03.11.2015 N 303-FZ) and) positions of the federal civil service, posts of State civil service of the constituent entities of the Russian Federation, posts in the Central Bank of the Russian Federation, corporations (companies), funds and other organizations established by the Russian Federation on the basis of federal laws, individual positions on the basis of an employment contract in the organizations established to carry out the tasks assigned to the federal by the public authorities for which It provides for participation in the preparation of decisions affecting the sovereignty and national security of the Russian Federation, and which are included in the lists established by federal State regulations, respectively. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federal law dated 22 December 2014. N 431-FZ ) 1-1) deputies of representative bodies of municipal districts and urban districts exercising their powers on a permanent basis, deputies, replacement in representative bodies municipal districts and urban districts; (Paragraph is supplemented by the Federal Law of 3 November 2015. N 303-F) 2) spouses and minor children of the persons referred to in subparagraphs (a) to (1) and point 1-1 of this Part; (In the federal laws dated 22 December 2014. N 431-FZ; dated 03.11.2015 N 303-FZ 3) to other persons in cases provided for by federal laws. 2. The federal laws referred to in paragraph 3 of Part 1 of this article may provide for the periods during which the accounts (deposits) are to be closed, the holding of cash and valuations in foreign banks located at the end of the month may be terminated. OF THE PRESIDENT OF THE RUSSIAN FEDERATION ban. 3. Under this article, the prohibition of opening and holding accounts (deposits) in foreign banks located outside the territory of the Russian Federation does not extend to the persons referred to in paragraph 1 of part 1 of this article as replacement (s). OF THE PRESIDENT OF THE RUSSIAN FEDERATION Representatives of the Executive Office State corporations (companies) and organizations established to support the activities of the federal State bodies, as well as spouses and minor children of these persons. (...) (...) N 431-FZ) Article 3 1. The persons referred to in article 2, paragraphs 1 and 2, of this Federal Act are obliged to close the accounts (deposits) within three months from the date of the entry into force of this Federal Law, to stop the possession of cash and valuations in the Foreign banks located outside the territory of the Russian Federation and (or) to alienate foreign financial instruments. In the event of failure to perform such duty, the persons referred to in article 2, paragraph 1, of this Federal Act are under the obligation to terminate the terms of office before the end of the term, to vacate the position (s) or to resign. 2. In the event that the persons referred to in article 2, paragraph 1, of this Federal Act, are unable to comply with the requirements of Part 1 of this Article and article 4, paragraph 3, of this Federal Act, in connection with the arrest, The prohibition of orders issued by the competent authorities of a foreign State in accordance with the laws of the foreign State on whose territory the accounts (deposits) are located, the cash deposit being held, and (...) (...) These requirements must be fulfilled within three months from the date of termination of the said in this case, or due to other circumstances independent of the will of the persons referred to in article 2, paragraph 1, of this Law. a part of the arrest, prohibition of order or cessation of other circumstances. (In the wording of the federal laws of 22.12.2014, } N 431-FZ; dated 28.11.2015 N 354-FZ) 2-1. Each case of failure to comply with the requirements of Part 1 of this Article and Part 3 of Article 4 of this Federal Law shall be subject to the appropriate procedure at the meeting of the relevant compliance committee. (a) The Office of the United Nations High Commissioner for Human Rights (Part of the addition is the Federal Law of 28.11.2015. N 354-FZ) 3. Trustee of Property, which provides for the investment in foreign financial instruments and the founder of the administration of a person who, under this Federal Law, is prohibited from opening and having deposit of cash and valuations in foreign banks located outside the territory of the Russian Federation, own and (or) use of foreign financial instruments shall be terminated within three Months from the date of entry into force of this Federal Act. Article 4 1. The persons referred to in article 2, paragraphs 1, 1, 1, 1, 1, of this Federal Act, when submitted in accordance with federal constitutional laws, by Federal Law dated December 25, 2008" On Counteracting Corruption ", other federal laws, presidential decrees OF THE PRESIDENT OF THE RUSSIAN FEDERATION Property and property obligations indicate the details of the immovable property belonging to them, their spouses and minor children outside the territory of the Russian Federation, the sources of the receipt of funds, of the property in question, of their obligations of property outside the territory of the Russian Federation, as well as the obligations of their spouses and minor children. In the wording of the Federal Law of 03.11.2015 N 303-FZ) 2. Citizens who claim to be replaced (Occupation) of the positions referred to in article 2, paragraph 1, of this Federal Act, when submitted in accordance with federal constitutional laws, by Federal Law "About combating corruption", other federal laws, decrees of the President of the Russian Federation and other regulatory legal acts of the Russian Federation Property, property and liabilities other than The information provided in Part 1 of this Article shall indicate the details of their accounts (deposits), cash and values in foreign banks located outside the territory of the Russian Federation and (or) foreign financial institutions. and information on such accounts (deposits), cash and valuations in foreign banks located outside the territory of the Russian Federation and (or) foreign financial instruments of their spouses and minor children. 3. The persons referred to in article 2, paragraph 1, of this Federal Act are obliged to close the accounts (deposits) within three months from the date of substitution (occupation) of the person referred to in article 2, paragraph 1, of this Federal Act. Storage of cash and valuations in foreign banks located outside the territory of the Russian Federation and (or) to alienate foreign financial instruments, as well as to stop the fiducials of property, which provides for investment in foreign financial instruments and the founders of the administration in which the mentioned persons speak. (In the wording of the federal laws of 22.12.2014, } N 431-FZ; dated 28.11.2015 N 354-FZ) Article 5 1. Grounds for a decision on the implementation of the verification of compliance by a person who, under this Federal Act, is prohibited from opening and holding accounts (deposits), holding cash and valuations in foreign banks, of the Russian Federation, to possess and (or) to use foreign financial instruments, this prohibition (hereinafter-the verification) is sufficient information that the said person is not abided by the prohibition. 2. The information referred to in Part 1 of this Article may be submitted in writing in accordance with established procedure: 1) by law enforcement, other state bodies, the Central Bank of the Russian Federation, and credit institutions. organizations, other Russian organizations, local authorities, employees (employees) for the prevention of corruption and other offences, and officials of state bodies, local authorities of the Russian Federation, the Central Bank of the Russian Federation by international organizations; 2) by the permanent governing bodies of political parties and registered in accordance with the law of other All-Russian public associations which are not political parties; Russian Federation's (3) Public Chamber; 4) All-Russian media. 3. Information of an anonymous nature cannot serve as a basis for a decision on the implementation of the audit. Article 6 1. The decision to carry out the examination shall be taken by the official authorized to make a decision on the implementation of the verification of the observance by the person of the prohibitions and restrictions established by federal constitutional laws, by the Federal Law "Anti-corruption", other federal laws. 2. The decision on the implementation of the inspection shall be taken in the manner prescribed for the decision on the implementation of the verification of the observance by the person of the prohibitions and restrictions established by federal constitutional laws, by the Federal Law "Anti-corruption", other federal laws. 3. The inspection is carried out in the order and time required to verify the observance by the person of the prohibitions and restrictions established by federal constitutional laws, by the Federal Law "Anti-corruption", other federal laws. Article 7 1. The inspection is carried out by the bodies, units and officials authorized to verify the observance by the person of the prohibitions and restrictions established by federal constitutional laws, by the Federal Law "Anti-corruption", other federal laws. 2. In carrying out the inspection, the organs, bodies and officials referred to in Part 1 of this Article may: 1) conduct an interview with the person referred to in article 2, paragraphs 1-1, 1-1 of the Federal Law of the Russian Federation; N 303-FZ) (2) to study additional materials from the person referred to in article 2, paragraphs 1, 1 to 1, of this Federal Act, or other persons; Act of 03.11.2015 N 303-FZ) 3) receive from the person referred to in paragraphs 1, 1-1 of Part 1 of Article 2 of this Federal Law, an explanation of the information and material provided to them; (In the wording of the Federal Act of 03.11.2015 N 303-FZ) 4) direct requests to the procuratorial authorities of the Russian Federation, other federal state bodies, State bodies of the constituent entities of the Russian Federation, and territorial bodies of the federal Bodies of executive power, local authorities, public associations and other Russian organizations, banks and other organizations of foreign states on the information available to them about the presence of persons who are in conformity with the present Protocol. Federal law prohibits opening and holding accounts (deposits), keeping Cash and value in foreign banks located outside the territory of the Russian Federation to own and (or) use foreign financial instruments, accounts (deposits), cash and valuations in Foreign banks located outside the territory of the Russian Federation and (or) foreign financial instruments. The powers of the organs, bodies and officials referred to in paragraph 1 of this article shall be determined by the President of the Russian Federation in the direction of the requests referred to in this paragraph; 5) and to receive from them information on verification matters. 3. The heads of bodies and organizations located in the territory of the Russian Federation, which have received the request provided for in paragraph 4 of Part 2 of this Article, are obliged to organize it pursuant to federal laws and other regulations. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 8 Person referred to in 1, 1-1 (1) of Article 2 of this Federal Law, in connection with the enforcement of compliance with him, his wife (spouse) and (or) under-age children The ban on opening and holding accounts (deposits), storing cash and valuing in foreign banks located outside the territory of the Russian Federation, holding and using foreign financial instruments to the right: class="ed"> (In the federal law dated 03.11.2015 N 303-FZ) 1) to explain, including in writing, on issues related to the implementation of verification; 2) to provide supplementary materials and explanations in writing; (e) To make an application to the body, office or official referred to in article 7, paragraph 1, of this Federal Act for interview with him on questions relating to the implementation of the verification. The application must be satisfied. Article 9 A person referred to in article 2, paragraph 1, of this Federal Act, for the period of the verification of compliance with him, his wife (spouse) and (or) underage children from opening and maintaining accounts " (Deposits), to keep cash and value in foreign banks located outside the territory of the Russian Federation, to own and (or) to use foreign financial instruments may be suspended from the the position (s) to be replaced for a period not exceeding sixty days from Adoption of the agenda. The deadline may be extended to 90 days by the person who decided to carry out the check. For the period of removal from the replaced (occupied) post, the amount of the position (occupied) is retained. Article 10 Non-compliance with the person referred to in article 2, paragraph 1, of article 2 of this Federal Act, his wife (s) and (or) underage children from opening and holding accounts (deposits), keeping cash in cash Funds and values in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments entails early termination of powers, exemption from replacement (occupied) Disposition or loss of trust pursuant to Federal constitutional laws and federal laws governing the legal status of the person concerned. President of the Russian Federation Vladimir Putin Moscow, Kremlin on May 7, 2013 N 79-FZ