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PRESIDENTIAL DECREE OF THE RUSSIAN FEDERATION

of March 31, 2022 No. 172

About special procedure for execution by foreign buyers of obligations to the Russian suppliers of natural gas

(as amended of the Presidential decree of the Russian Federation of 30.12.2022 No. 992)

In addition to the measures provided by presidential decrees of the Russian Federation of February 28, 2022 No. 79 "About application of special economic measures in connection with unfriendly actions of the United States of America and the foreign states and the international organizations which adjoined them" of March 1, 2022 "About additional temporary measures of economic nature for ensuring financial stability of the Russian Federation", of March 5, 2022 No. 95 "About temporary procedure for obligation fulfillment before some foreign creditors" and of March 18, 2022 No. 126 "About additional temporary measures of economic nature for ensuring financial stability of the Russian Federation in the sphere of currency control", I decide No. 81:

1. Determine that since April 1, 2022:

a) payment of the supply of natural gas in gaseous state (further - natural gas) performed after April 1, 2022 by residents - the participants of foreign economic activity having according to the Federal Law of July 18, 2006 No. 117-FZ "About gas export" exclusive export right of natural gas in gaseous state (further - the Russian suppliers), is made in rubles:

according to the contracts in foreign trade on supply of natural gas (further - delivery contracts of natural gas) concluded with foreign persons if supply of natural gas is performed in the foreign states making concerning the Russian Federation, the Russian legal entities and physical persons unfriendly actions;

according to the delivery contracts of natural gas signed with foreign persons whose place of registration are the foreign states making concerning the Russian Federation, the Russian legal entities and physical persons unfriendly actions;

b) further supply of natural gas by the Russian supplier is forbidden to the foreign persons called in paragraphs second and third the subitem "an" of this Item (further - foreign buyers), according to the delivery contract of natural gas if the payment due date of the gas delivered under this contract came, payment is not made or made by the foreign buyer in foreign currency, and (or) not in full, and (or) on the bank account, not being authorized bank according to Item 2 of this Decree, and such delivery is performed in the foreign states making concerning the Russian Federation, the Russian legal entities and physical persons unfriendly actions. Information on observance of the payment procedure of supply of natural gas established by this Decree is provided in customs authority. In case of receipt in customs authority of information on violation of this procedure the customs authority makes the decision on prohibition of such delivery.

2. The Gazprombank joint-stock company which is for the purposes of this Decree authorized bank (further - authorized bank), opens based on statements of foreign buyers special ruble accounts of type "K" and special currency accounts of type "K" for calculations for the delivered natural gas.

3. The authorized bank has the right to open special ruble accounts of type "K" and special currency accounts of type "K" without personal presence of the representative of the foreign buyer. The authorized bank carries out identification of the new client - the foreign buyer, his representative, the beneficiary, the beneficial owner according to requirements of the Federal Law of August 7, 2001 No. 115-FZ "About counteraction of legalization (washing) of income gained in the criminal way, and to terrorism financing" and the regulations of the Central bank of the Russian Federation adopted according to it based on available in the circumstances documents and the information about these persons no later than 45 days after the opening day to such client of the special ruble account of type "K" and the special currency account of type "K".

4. Until introduction change in the Tax Code of the Russian Federation and other Federal Laws into special ruble accounts of type "K" and special currency accounts of type "K" action of Item 12 of Article 76, of Item 1 of Article 86 parts one of the Tax Code of the Russian Federation and part 27 of article 77 of the Federal Law of August 3, 2018 No. 289-FZ "On customs regulation in the Russian Federation and on modification of separate legal acts of the Russian Federation" does not expatiate.

5. Suspension of transactions on the special ruble account of type "K" and the special currency account of type "K", arrest or write-off of the means which are on these accounts, within obligation fulfillment of the foreign buyer, not connected with payment according to the delivery contract of natural gas is not allowed.

6. The foreign buyer makes money transfer into the special currency account of type "K" in the foreign currency specified in the delivery contract of natural gas, and authorized bank based on the order of the foreign buyer received according to the procedure established by rules of authorized bank performs sale of the foreign currency which arrived from the foreign buyer for such account at the organized auction held by "The Moscow Exchange MICEX — RTS" public joint stock company enlists proceeds in rubles into the special ruble account of type "K" of this foreign buyer and makes transfer of the enlisted means in rubles into the ruble account opened by the Russian supplier in authorized bank.

7. The obligation on payment by the foreign buyer of supply of natural gas according to the subitem "an" of Item 1 of this Decree is considered fulfilled from the moment of transfer of the means received from sale of the foreign currency performed according to the procedure, stipulated in Item 6 or the subitem "an" of Item 10 of this Decree into the ruble account opened by the Russian supplier in authorized bank.

8. If the foreign buyer transferred the obligation on payment of supply of natural gas to other person, it fulfills this obligation according to the procedure, established by this Decree.

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