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On Amendments To The Federal Law "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" And Certain Legislative Acts Of The Russian Feder

Original Language Title: О внесении изменений в Федеральный закон "О порядке осуществления иностранных инвестиций в хозяйственные общества, имеющие стратегическое значение для обеспечения обороны страны и безопасности государства" и отдельные законодательные акты Российской Федер

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RUSSIAN FEDERATION FEDERAL LAW amending the Federal Law "On the procedure for foreign investment in economic societies with strategic importance". for defense of the state and security of the state " and separate pieces of legislation of the Russian Federation adopted by the State Duma on October 24, 2014 29 October 2014 Article 1 Commit To Federal Law of 29 April 2008 N 57-FZ "On the Procedure for Foreign Investment in Economic Societies with Strategic Society" " The Law Assembly of the Russian Federation, 2008, No. 18, article 18, paragraph 1, of the Constitution of the Russian Federation. 1940; 2011, N 1, st. 32; N 27, est. 3880; N 47, sect. 6612; 2014, N 6, sect. 566; N 11, est. 1094) The following changes: 1) Article 1 should be redrafted to read: " Article 1. In order to ensure the defence of the country and the security of the State, this Federal Act sets out restrictive exceptions for foreign investors and for the group of persons to which they belong. A foreign investor (hereinafter referred to as a 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 transactions by designated persons Ownership, possession or use of property of such economic societies, which are fixed assets and whose value is twenty-five per cent or more of the last reporting date of the accounting records of the book value of the assets of an economic society of strategic importance for the defence of the country and the security of the State, and (or) the commission of other transactions, actions which result in the control of foreign investors or a group of persons over their economic societies. "; (2) in article 2: (a) Part 1 should read: " 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 stock exchanges, or actions that result in the control of foreign investors or groups of individuals over such entities. "; b) Part 2, after the word" transaction ", add" other actions, " with words ", and (or) make transactions involving acquisition in the ownership, possession or use of property, which relates to the main productive assets of such economic societies and whose value is twenty-five or more of the date of the last reporting date The accounting records of the book value of an economic society of strategic importance for the defence of the country and the security of the State "; in Part 7, as follows: " 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) constituting the authorized capital of such economic societies and reserves the right after it has been committed. "; d) Part 9 should read: " 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 specified transactions, shall be applied by analogy with article 5, paragraphs 1 and 2, of this Federal Act. "; 3), article 3, paragraph 3, should read as follows: " 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 activities. "; 4) in article 4: (a) the name after" transactions, "to be supplemented with the words" other actions, "to be supplemented by the words" and certain transactions involving the acquisition of the property of such economic entities ". "(b) Part 1 after the words" transactions, "to be supplemented by the words" other actions, "after the words" strategic value, "are supplemented by the words" and referred to in article 7, paragraphs 1 to 1, of this Federal Law of Transactions providing for acquisition the property of such economic entities ", after the words" such transactions " to supplement the word "actions"; in) Part 2 after the word "transaction," to add the word "action," after the word "transaction" to add ", action"; g) to be supplemented with Part 3-1 reading: " 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 the community. "; d) Part 4 should read: " 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 Law apply to determine whether the person has control over such foreign investor and economic society of strategic importance. "; 5) Article 5 to be completed with Part 2-1 as follows: " 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). "; 6) in article 6: (a), paragraph 3 should be supplemented with the words " subject to licensing in accordance with the law of the Russian Federation, except in the case of its implementation by economic associations whose main activity is related to Food production "; b) Paragraph 36 supplement the words ", services in ports in the Russian Federation"; in paragraph 37, add the following subparagraph: "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; "; , paragraph 42, as follows: " 42) the implementation by a business entity of the editorial, and (or) publisher, and (or) of the founder A periodical publication in the event that the cumulative circulation of a product produced in 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; "; 7) in article 7: (a) the name after" Transactions, " to supplement the words "other actions,"; (b) in Part 1: paragraph 3 should read: " 3) transactions aimed at the acquisition by a foreign investor or group of persons of the right to direct or indirect control shares (shares) in the charter capital of an economic society having strategic significance and use the subsoil plot of federal importance, if this foreign investor or group has the right to directly or indirectly at least twenty-five per cent and no more than by a total of five per cent of the total voting share (shares) constituting the authorized capital of such an economic society (excluding transactions resulting from the participation of that foreign exchange) An investor or this group of persons in the statutory capital of such a business society shall not be increased if such transactions are made with the increase of the authorized capital of such a business society or are carried out by persons under the control of the Article 5, paragraph 1, of this Federal Act under the control of a person, to control such an economic society); "; paragraph 6, after the words" other transactions, "to be supplemented by the word" agreements, "; in) to be supplemented by Part 1-1, as follows: " 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 in the first word "paragraphs 1 and 2 of Part 1" in the first word "paragraphs 1 and 2 of Part 1" in the first word; to supplement paragraph 3 with the following: " (3) sales contracts; gifts, menus, leases, fiducials, non-expendable property and (or) such agreements, which provide for the acquisition by a foreign investor or a group of persons of property that is related to by the main productive assets of an economic society A strategic value, and the value of which is twenty-five and more of a percentage of its accounting records at the last reporting date of the book value of the assets of such a business community. "; d) be supplemented by Part 3-1, as follows: " 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 individuals acquires the right to determine the decisions of the management bodies of an economic society of strategic importance, including the conditions for business activities. "; 8) in article 8: (a) in Part 1 of the word " (a certain transaction or transaction, as a result The commission of which the applicant shall acquire the right, directly or indirectly, to dispose of a certain number of votes attributable to the voting shares (shares) that make up the authorized capital of the economic society of strategic importance) " In the words "or such transactions"; (b) in Part 2: in paragraph 8 of the word "agreement or on the implementation of agreed actions", replace by the word "agreements"; to supplement paragraphs 12 and 13 as follows: " 12) Accounting balance of the economic society having The strategic importance, as at the last reporting date, of the application date (in the case of an application for prior approval of the transaction referred to in article 7, part 1, of this Federal Law); 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 application date (in the case of an application for prior approval) of the transaction referred to in article 7, part 1, of this Federal Act). "; in Part 4, add the following sentence:" The applicant shall submit to the authorized body, in accordance with the established procedure, copies of the documents referred to in paragraphs 12 and 13 of Part 2 of this Article. "; 9) Article 9, paragraph 3, after the words "Part 1" should be supplemented by the words ", parts 1-1"; 10) of article 10, paragraph 2, as follows: " 2. The requests referred to in part 1 of this article are accompanied by a single copy of the motion. "; 11), to be supplemented by Part 2-1 as follows: " 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 preliminary approval of a transaction or a waiver of such 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. "; (12) Part 1 of Article 12 to supplement paragraph 9 with the following: " (9) Recycled in the territory of the Russian Federation of water biological resources produced (harvested) by a strategic society. value. "; 13) in article 13: a) Part 4, , to read: " 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 necessary information for the competent authority to carry out its functions, including information constituting a state, commercial, official or other legally protected secret. "; (b) Part 6, set out in , to read: " 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 operational results of operational units of the Federal Security Service may be used in evidence in the cases referred to in article 15 of this Federal Law. "; 14) Article 14 Amend the text as follows: " Article 14. Notification of transactions with shares (shares) of the charter capital of strategic value, transactions, other actions subject to pre- Foreign investors or a group of persons are obliged to submit to the authorized body information on the acquisition of five percent and more of the shares (shares) that make up the charter. capital of economic societies of strategic importance, and also about the commission of transactions, other actions, the decision on preliminary coordination of which is made in accordance with this Federal Law. ". Article 2 Article 59 Code of Inland Water Transport of the Russian Federation . 1001) add to paragraph 3 as follows: " 3. For the purposes of application of the Federal Act of 29 April 2008, N 57-FZ "On the procedure for the implementation of foreign investments in economic societies of strategic importance for the defence of the country and the security of the state" The entity that dominates the market for the provision of services in river ports in the Russian Federation is the entity established by the competition authority, whose share in the river port exceeds 20 per cent. " Article 3 Enact Federal Law dated 20 December 2004 N 166-FZ "On Fishing and Conservation of Water Biological Resources" (Russian Federation Law Assembly, 2004, N 52, p. 5270; 2006, N 23, 100 2380; 2007, N 50, sect. 6246; 2008, N 49, sect. 5748; 2011, N 1, est. 32; N 50, sect. 7351; 2013, N 27, est. 3440) The following changes: 1) in article 1: a) in the first paragraph of the first word "In the present" should be replaced with the words " 1. In this "; b), add the following content: " 2. In this Federal Law, the term "foreign investor" is used in the meaning referred to in article 3, paragraph 2, of the Federal Act of 29 April 2008 No. 57-FZ " On the Procedure for Foreign Investment in Economic Societies with Strategic value for the defence of the country and the security of the State "."; 2) in article 11: (a) the word "Right" to be replaced by the words " 1. Right "; b) to supplement Parts 2 and 3 as follows: " 2. Legal entities registered in the Russian Federation under the Federal Act of 8 August 2001 No. 129-FZ "On State Registration of Legal Persons and Individual Entrepreneurs", under the supervision of the foreign The investor shall not be entitled to produce (s) the aquatic bioresources, except as provided for in Part 3 of this Article. 3. The persons referred to in Part 2 of this article are entitled to produce (catch) water biological resources in the event that the foreign investor's control of such persons is established in the manner prescribed by the Federal Act of 29 April 2008. 57-FZ "On the procedure for carrying out foreign investments in economic societies of strategic importance for the defence of the country and the security of the State"; 3) in article 13: (a), Part 2 is completed by paragraphs 6 and 7 , to read: " 6) above the person who has the right to produce (v) aquatic bioresources, control of foreign investor in violation of the requirements of the Federal Law of April 29, 2008 No. 57-FZ " On the procedure for the implementation of foreign investments in economic societies of strategic importance For the defence of the country and the security of the State "; 7) the person who has the right to water (extraction) of water biological resources was under the control of a foreign investor before such person receives the said right."; b) be supplemented with Part 5, to read: " 5. The termination of the right to production (s) of water biological resources in the cases referred to in paragraphs 6 and 7 of part 2 of this article shall be carried out in accordance with the procedure established by the Government of the Russian Federation. "; 14-2 reading: " Article 14-2. The presence of a legal entity under the control of a foreign investor The legal person (person controlled) is considered to be under the control of a foreign investor (the controlling person), if one of the following is available. (1) The controlling person has the right, directly or indirectly, to dispose of (including on the basis of a contract of trustful management of property, a contract of a simple partnership, a contract of instruction, or as a result of other transactions, or as a result of (c) more than five per cent of total the number of votes of the voting shares (shares) constituting the authorized capital of a business society, or more than fifty per cent of the total number of votes of the total number of members of the cooperative or members of the household Partnership; 2) the controlling person, on the basis of a treaty 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 The appointment of a single executive body and (or) more than fifty per cent 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 collegiating authority of the controlled person; 4) the controlling person exercises the authority of the controlling company of the controlled person; 5) the controlling person has the right directly or indirectly control (including on the basis of a trust agreement) property management, contract of 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) that make up the charter the capital of the economic society, or less than fifty percent of the total number of votes of the members of the cooperative or the members of the economic partnership, provided that the ratio of the number of votes to which the controlling authority is entitled the number of votes attributable to the voting shares (shares), The constituent capital of a controlled person and belonging to other shareholders (members) of the economic society, or the number of votes belonging to other members of the cooperative or members of the economic partnership, is such that the controlling person is able to determine the decisions taken by the controlled person. ". Article 4 Article 17 of the Federal Law dated November 8, 2007, N 261-FZ " On seaports in the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5557; 2013, N 30, sect. 4058) to be supplemented with Part 10, as follows: " 10. For the purposes of application of the Federal Act of 29 April 2008, N 57-FZ "On the procedure for the implementation of foreign investments in economic societies of strategic importance for the defence of the country and the security of the state" The dominant actor in the market for the provision of services at seaports in the Russian Federation is the entity established by the competition authority that shares the market share in the geographical boundaries of the seaport exceeds twenty percent. ". Article 5 Real The law enters into force 30 days after its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin November 4, 2014 N 343-FZ