RUSSIAN FEDERATION FEDERAL LAW On JurisdicImmunities of a Foreign State and Foreign State Property in the Russian Federation Duma October 23, 2015 Approved by the Federation Council on October 28, 2015 Article 1. The subject of regulation of this Federal Law 1. This Federal Law regulates relations relating to the application by the Russian Federation of the jurisdictional immunities of a foreign State and its property. 2. The foreign State shall enjoy in respect of itself and its property jurisdictional immunities subject to the provisions of this Federal Law. 3. The provisions of this Federal Law shall apply if the Russian Federation and the foreign State have not agreed otherwise. Article 2: Basic concepts used in this Federal Law For the purposes of this Federal Law, the following basic concepts are used: 1) a foreign state: a) State other than the Russian Federation and its organs of state power; (b) constituent parts of the foreign State (subjects of a foreign federal State or administrative-territorial entities) by a foreign State) and their organs to the extent to which they are entitled to perform acts for the exercise of the sovereign authority of a given foreign State and act in that capacity; in) institutions or other entities, whether or not they are legal persons, to the extent that they entitled to perform and actually perform acts in order to exercise the sovereign authority of a given foreign State; g) the representatives of that foreign State acting in that capacity; 2) of a foreign State-property belonging to a foreign State and (a) The jurisdictional immunities of a foreign State and its property-judicial immunity, immunity to suit and immunity for enforcement of a court decision; 4) Judicial immunity-the duty of the court of the Russian Federation to refrain from engaging a foreign State in the judicial process; 5) immunity in respect of enforcement of action-the obligation of the court of the Russian Federation the Federation to refrain from applying to a foreign State and The property of a foreign State of arrest and other measures which subsequently provide for the examination of a dispute and/or the execution of a court decision; 6) immunity in respect of the execution of a court decision-the duty of the court of the Russian Federation or of the federal organs of executive power exercising functions of execution of judicial acts, acts of other bodies and officials, to refrain from seeking to recover the property of a foreign State, to adopt a foreign State and its property Other measures to enforce the court's decision; " The Supreme Court of the Russian Federation, the Federal Court of General Jurisdiction, the Court of Arbitration, established in accordance with the Constitution of the Russian Federation, federal constitutional laws and federal laws; 8) sovereign powers-the powers that a foreign State has in the power of sovereignty and which exercise it in the exercise of sovereign power. Article 3. Privileges and immunities not affected by true Federal Law 1. This Federal Act is without prejudice to the privileges and immunities enjoyed by a foreign State in accordance with the rules of international law with regard to the exercise of the functions of its diplomatic missions. institutions, special missions, missions to international organizations or delegations to bodies of international organizations or to international conferences and related persons. 2. This Federal Act is without prejudice to the privileges and immunities granted under international law to Heads of State, Government or Ministers for Foreign Affairs. 3. This Federal Act is without prejudice to the immunities enjoyed by a foreign State under international law in respect of aircraft or space objects belonging to a foreign State, or that are exploited by them, as well as warships and other non-commercial public vessels. Article 4. Reciprocity in the application of jurisdictional immunities 1. Jurisdictional immunities of a foreign State and its property to the extent provided under this Federal Law may be restricted on the basis of the principle of reciprocity if there are limitations to the extent of The granting of jurisdictional immunities to the Russian Federation and its property in a foreign State in respect of which the question of jurisdictional immunities was raised. 2. OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 5. The consent of a foreign State to exercise jurisdiction by the court of the Russian Federation 1. A foreign State does not enjoy judicial immunity in the Russian Federation if it has clearly expressed its consent to the exercise by a court of the Russian Federation of jurisdiction over a particular dispute by force: 1) of the international treaty; (2) a written agreement other than an international treaty; 3) statements in a court of the Russian Federation, a written notification to a court of the Russian Federation or a written notification transmitted to the Russian Federation by diplomatic channel, as part of the judicial process specific dispute. 2. The consent of a foreign State to the exercise by a court of the Russian Federation of jurisdiction over a particular dispute provided for in part 1 of this article may not be withdrawn and extended to all stages of the proceedings. 3. As the consent of a foreign State to the exercise of jurisdiction over a particular dispute by a court of the Russian Federation is not considered: 1) the entry of a foreign State in the judicial process or the implementation of any of a different procedure for the sole purpose of declaring jurisdictional immunities or to provide evidence of the existence of a right in respect of the property which is the subject of the dispute; 2) consent of the foreign State to use OF THE PRESIDENT OF THE RUSSIAN FEDERATION (a) The non-participation of a foreign State in the judicial process in the Russian Federation court; 4) the appearance of a representative of a foreign State in the court of the Russian Federation to testify or as an expert. 4. The consent of a foreign State to the exercise of jurisdiction over a particular dispute by a court of the Russian Federation does not affect the immunity of a foreign State in respect of measures to secure a claim and (or) the immunity of a foreign State in the Enforcement of a court decision. Article 6. Waiver of immunity 1. The foreign State shall accept immunity from legal immunity if the foreign State has brought an action before a court of the Russian Federation and has entered the judicial process in the court of the Russian Federation on the merits of the dispute as a person, or took a different action on the merits of the case. 2. A foreign State shall accept immunity from legal immunity in respect of disputes relating to arbitration or arbitration if the foreign State has concluded an arbitration or arbitration agreement with its The Conference of the States Members of the United Nations 3. The foreign State shall recognize that immunity from legal immunity shall be waived in respect of any counterclaim if the foreign State has brought an action before the Court of the Russian Federation. 4. The foreign State has accepted the immunity from legal immunity in respect of the original claim if the foreign State has brought a counterclaim to the Court of the Russian Federation. 5. The waiver by a foreign State of immunity from legal immunity in respect of a particular dispute cannot be revoked and extended to all stages of the proceedings. 6. The failure of a foreign State to waive immunity in respect of a particular dispute is not considered a waiver by the foreign State of immunity with respect to the enforcement of the claim and immunity for the execution of the court's decision. Article 7. Non-application of judicial immunity in respect of disputes involving a foreign State in civil and legal transactions and (or) business and other Activities 1. The foreign State does not enjoy legal immunity in the Russian Federation in respect of disputes relating to the participation of a foreign State in civil law transactions with natural persons, or legal entities, or other entities, if such disputes are subject to the jurisdiction of the court of the Russian Federation and those transactions are not related to the exercise of sovereign power by a foreign State in accordance with the applicable law Credentials. 2. The provisions of part 1 of this article shall not apply if all parties to a civil transaction are States or parties to such a transaction agree otherwise. 3. The foreign State does not enjoy legal immunity in the Russian Federation in respect of disputes arising out of the conduct of business and other economic activities carried out by a foreign State in the territory of the Russian Federation, as well as on the territory of the Russian Federation. If the consequences of such activities are connected with the territory of the Russian Federation. 4. In deciding whether a transaction made by a foreign State is linked to the exercise of its sovereign powers, the court of the Russian Federation shall take into account the nature and purpose of such a transaction. Article 8. Non-application of judicial immunity in relation to labour disputes 1. A foreign State does not enjoy legal immunity in the Russian Federation in respect of disputes arising under an employment contract between that foreign State and an employee about the work that has been or must be performed OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. The provisions of Part 1 of this article do not apply if: 1) the employee has been employed to perform specific duties in the exercise of the sovereign power of a foreign state; 2) the employee is: a) a diplomatic agent, as defined by international treaties; b) a consular officer, as defined by international treaties; in) a diplomatic staff member missions to international organizations, special missions or is included in this capacity as a member of a delegation of a foreign State in an international organization or at an international conference; g) by any other person enjoying diplomatic immunity; 3) " The proceedings shall be the employment, continuation of the work or reinstatement; 4) the subject of the proceedings is the termination of the employment relationship with the employee and the head of the foreign State, Head of Government of a Foreign State or Minister for Foreign Affairs of a foreign State in writing confirms that such proceedings would affect the security interests of that foreign State; 5) the employee at the time of the commencement of the proceedings in the court of the Russian Federation is a citizen of a foreign State with whom he has concluded an employment contract, except if the employee has a place of residence in the Russian Federation. Article 9. Non-application of judicial immunity in respect of disputes involving legal persons or other entities not having the status legal person 1. The foreign State does not enjoy legal immunity in the Russian Federation in respect of disputes involving a foreign State in legal entities or other entities that do not have the status of a legal entity and that have arisen between by a foreign State and a legal entity registered in accordance with the procedure established by the legislation of the Russian Federation and (or) carrying out its activities in the territory of the Russian Federation or other entities without status of the Russian Federation The Federation, or between a foreign State and other participants in such a legal person or entity, if such a legal person or entity has other participants, together with States and (or) inter-State and (or) intergovernmental organizations. 2. The provisions of Part 1 of this article shall not apply in cases other than: 1) is provided for by an agreement between the States concerned; 2) is contained in the instrument establishing such a legal person or such entity, or The Conference of the Parties, Article 10. Non-application of judicial immunity in relation to property disputes Foreign State does not enjoy legal immunity in the Russian Federation in respect of disputes concerning: 1) rights and obligations of a foreign State in respect of immovable property situated in the territory of the Russian Federation; (2) the rights and obligations of the foreign State in respect of the immovable and movable property that arise in Intent of inheritance, gift or vacant property; (3) The rights and obligations of the foreign State in relation to property management. Article 11. Non-application of judicial immunity in respect of the Foreign disputes in the Russian Federation does not enjoy immunity from the Russian Federation as a judicial immunity in respect of disputes over reparation by a foreign State, The life, health, property, honour and dignity, business reputation of a natural person or property, the business reputation of a legal person, if the claim arose from harm to life, health, property, honour and dignity, business Reputation by action (omission) or other circumstance In the territory of the Russian Federation, the injurer was located in the territory of the Russian Federation, in whole or in part, in the territory of the Russian Federation at the time of such action (inaction). Article 12. Non-application of judicial immunity in respect of intellectual property disputes Foreign State does not enjoy legal immunity in the Russian Federation in respect of disputes arising from: 1) the establishment and implementation of the rights of a foreign State to the results of intellectual activities and equivalent means of individualization of legal persons, goods, works, services and enterprises; 2) violations by a foreign State of the rights of other persons The results of intellectual activity and similar means of individualization of legal persons, goods, works, services and enterprises. Article 13. Non-application of judicial immunity in respect of the ship's disputes 1. The foreign State does not enjoy in the Russian Federation judicial immunity in respect of disputes relating to the exploitation of a vessel owned or operated by a foreign State by a foreign State or the carriage of the goods by that vessel, The vessel was used by a foreign State for purposes other than non-commercial purposes at the time of the occurrence of the claim, and (or) the goods were not cargo belonging to a foreign State and used or to be used exclusively for the exercise of sovereign of authority. 2. For the purposes of this article, it is understood: 1) under the ship-all types of floating equipment used or likely to be used as means of transport; 2) under a vessel used for non-commercial purposes. the purposes, the vessels used for the exercise by a foreign State of sovereign powers, including warships and exploited for non-commercial purposes by State vessels; (3) in disputes relating to the operation of the ship, disputes over: (a) collision of vessels, damage port and hydraulic engineering structures or other navigational accidents; (b) relief, rescue and general average; in) supply, repair and other works, ship-related services; g) effects Pollution of the marine environment; (d) of sunken property. Article 14. Immunity of a foreign State with respect to measures action Foreign State enjoys immunity with respect to enforcement of the claim, unless the foreign State: 1) expressly agreed to take appropriate measures in one of the ways provided for in article 5, paragraph 1, of this Federal Law; 2) reserved or otherwise earmarked property in case of satisfaction of the claim; of a dispute. Article 15. Immunity of a foreign State in relation to enforcement of a court decision Foreign State enjoys immunity in respect of the execution of a court decision, unless: 1) a foreign State expressly agreed to take appropriate measures in one of the ways provided for in article 5, paragraph 1, of this Federal Law; 2) the foreign state has reserved or otherwise earmarked property in case satisfaction of the claim under dispute; 3) that the property of a foreign State is used and (or) is intended for use by a foreign State for purposes other than those relating to the exercise of sovereign power. Article 16. The property of a foreign State that enjoys immunity with respect to the enforcement of a claim and immunity in respect of enforcement of a court decision 1. Immunity for enforcement of a claim and immunity in execution of a court decision shall be enjoyed by the following property of a foreign State located in its property intended for use or used by it In the exercise of sovereign power: 1) property (including funds held in a bank account) used or intended for the exercise of diplomatic functions representation of a foreign State or its consular offices Special missions, missions to international organizations, delegations of a foreign State to international organizations or to international conferences; 2) military equipment or property used or intended for use for military purposes or in peacekeeping operations recognized by the Russian Federation; 3) cultural property or archives not put up for sale or not for sale; 4) property, which is part of expositions of the exhibition, representing the scientific, cultural or historical interest and not for sale or not for sale; 5) property of the central bank or other oversight body of a foreign state, the function of which includes banking supervision. 2. The provisions of Part 1 of this article shall apply subject to the provisions of article 14 and article 15, paragraphs 1 and 2, of this Federal Act. Article 17. Cases involving a foreign State of a foreign State involving a foreign State are examined by a court of the Russian Federation in accordance with the procedure established by the procedural legislation of the Russian Federation. Article 18. Entry into force of this Federal Law This Federal Law comes into force on January 1, 2016. President of the Russian Federation Vladimir Putin Moscow, Kremlin November 3, 2015 N 297-FZ
