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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of June 16, 2018 No. 693

About realization of the international automatic exchange of financial information with competent authorities of foreign states (territories)

According to Items 1 and 3 of Article 142. Item 1 of article 142.4 of the Tax Code of the Russian Federation the Government of the Russian Federation decides 2,:

1. Approve enclosed:

Regulations on implementation of request by the organization of the financial market at the clients of information on such clients, beneficiaries and (or) persons directly or indirectly controlling them, its processing, including documentary fixing, and the analysis, about acceptance, including documentary fixing, reasonable and available in the circumstances measures for establishment of the tax residence of the clients, beneficiaries and persons directly or indirectly controlling them including check of reliability and completeness of information provided by the client, and also about structure, about conditions, about procedure and terms of submission of the specified information in federal executive body, the representative for control and supervision in the field of taxes and fees;

the list of the organizations of the financial market to which provisions of Chapter 20.1 of the Tax Code of the Russian Federation owing to low risk of making with use of such organizations of the actions (failure to act) directed to tax avoidance (charges) are not applied;

the list of the agreement types providing rendering financial services to which provisions of Chapter 20.1 of the Tax Code of the Russian Federation owing to low risk of making with use of such agreements of the actions (failure to act) directed to tax avoidance (charges) are not applied.

2. To the Federal Tax Service to establish formats of representation by the organizations of the financial market of information provided by the Provision approved by this resolution and to provide their placement on the official site of the Federal Tax Service on the Internet.

3. This resolution becomes effective after month from the date of its official publication.

Russian Prime Minister

D. Medvedev

Approved by the Order of the Government of the Russian Federation of June 16, 2018 No. 693

Regulations on implementation of request by the organization of the financial market at the clients of information on such clients, beneficiaries and (or) persons directly or indirectly controlling them, its processing, including documentary fixing, and the analysis, about acceptance, including documentary fixing, reasonable and available in the circumstances measures for establishment of the tax residence of the clients, beneficiaries and persons directly or indirectly controlling them including check of reliability and completeness of information provided by the client, and also about structure, about conditions, about procedure and terms of submission of the specified information in federal executive body, the representative for control and supervision in the field of taxes and fees

I. General provisions

1. This Provision establishes:

request procedure the organization of the financial market at the clients of information on such clients, beneficiaries and (or) persons directly or indirectly controlling them who are tax residents of foreign state or concerning whom there are bases to believe that they are tax residents of foreign state, its processing, including documentary fixing, and the analysis, about acceptance, including documentary fixing, reasonable and available in the circumstances measures for establishment of the tax residence of the clients, beneficiaries and persons directly or indirectly controlling them including check of reliability and completeness of information provided by the client;

structure of information on specified persons, and also conditions, procedure and terms of its representation of the financial market by the organizations to authorized body.

2. The concepts used in this Provision mean the following:

"the agreement concerning which representation of financial information" - the agreement concerning which client and (or) the beneficiary is the tax resident of foreign state whose status was determined according to the procedure specified in Sections III and IV of this provision, and (or) information on which the organization of the financial market shall provide to authorized body according to the procedure, provided by the Section II of this provision is required. If client or the beneficiary is the passive non-financial organization, not being the tax resident of foreign state, and according to the procedure specified in Sections III and IV of this provision, the organization of the financial market determined that person directly or indirectly controlling the client or the beneficiary is the tax resident of foreign state, the contract with such client (beneficiary) is also considered the agreement concerning which representation of financial information is required;

"the agreement providing rendering financial service" - bank account agreement (contribution), the agreement of voluntary insurance of life, the agreement on broker servicing, the property trust management agreement (including the trust management agreement of mutual investment fund, accession to which is performed by acquisition of investment shares of mutual investment fund), the agreement of depositary servicing, the pension agreement, the contract with the central partner on rendering financial services, the agreement of investment partnership or other agreement within which the organization of the financial market accepts from clients money or other financial assets for storage, management, investment and (or) implementation of other transactions for the benefit of the client or directly or indirectly for customer account;

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