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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of March 6, 2022 No. 295

About approval of Rules of issue of permissions by Russian Government Commission on Foreign Investments for the purpose of realization of additional temporary measures of economic nature for ensuring financial stability of the Russian Federation and other permissions provided by separate presidential decrees of the Russian Federation and modification of the Regulations on Russian Government Commission on Foreign Investments

(as amended on 09-04-2022)

The government of the Russian Federation decides:

1. Approve the enclosed Rules of issue of permissions by Russian Government Commission on Foreign Investments for the purpose of realization of additional temporary measures of economic nature for ensuring financial stability of the Russian Federation and other permissions provided by separate presidential decrees of the Russian Federation.

2. Add the Regulations on Russian Government Commission on Foreign Investments approved by the order of the Government of the Russian Federation of July 6, 2008 No. 510 "About Russian Government Commission on Foreign Investments" (The Russian Federation Code, 2008, No. 28, the Art. 3382), Item 6 (1) the following content:

"6(1). The commission for accomplishment of separate tasks and implementation of functions can create subcommittee which competence is determined by the Government of the Russian Federation, and the structure affirms the commission chairman or his deputy.".

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

Russian Prime Minister

M. Mishustin

Approved by the Order of the Government of the Russian Federation of March 6, 2022 No. 295

Rules of issue of permissions by Russian Government Commission on Foreign Investments for the purpose of realization of additional temporary measures of economic nature for ensuring financial stability of the Russian Federation and other permissions provided by separate presidential decrees of the Russian Federation

1. These rules establish special procedure for issue by Russian Government Commission on Foreign Investments (further - the Commission) permissions to implementation (execution):

a) residents with the foreign persons connected with foreign states which make unfriendly actions concerning the Russian legal entities and physical persons (including if such foreign persons have nationality of these states, the place of their registration, the place of preferential conducting economic activity by them or the place of preferential extraction by them of profit on activities are these states), and with persons who are under control of the specified foreign persons, irrespective of the place of their registration or the place of preferential conducting economic activity by them (further - persons of the foreign states making unfriendly actions), the following transactions (transactions):

the transaction (transaction) on provision to persons of the foreign states making unfriendly actions, the credits and loans (in rubles), except as specified, if loan granting and loans is forbidden according to regulatory legal acts of the Russian Federation;

transactions (transaction) involving emergence of the property right to securities and real estate;

and (1)) residents of obligations on payment of lease, leasing and other payments within implementation of the agreements providing acquisition, lease, leasing of aircrafts, auxiliary power plants, aviation engines before the foreign creditors who are the foreign persons connected with foreign states which make concerning the Russian Federation of the Russian legal entities and physical persons unfriendly actions (including if such foreign persons have nationality of these states, the place of their registration, the place of preferential conducting economic activity by them or the place of preferential extraction by them of profit on activities are these states), or persons who are under control of the specified foreign persons, irrespective of the place of their registration (except as specified, if the place of their registration is the Russian Federation) or places of preferential conducting economic activity by them (further - foreign creditors), without observance of provisions of Items 2 - 9 Presidential decrees of the Russian Federation of March 5, 2022 No. 95 "About temporary procedure for obligation fulfillment before some foreign creditors" and the Presidential decree of the Russian Federation of April 1, 2022 No. 179 "About temporary procedure for execution of financial liabilities in the sphere of transport before some foreign creditors";

b) residents with the foreign persons who are not persons of the foreign states making unfriendly actions, transactions (transactions) provided by the subitem "an" of this Item if subject of such transactions (transactions) are the securities and real estate acquired after February 22, 2022 by the specified foreign persons at persons of the foreign states making unfriendly actions;

c) the currency transactions connected with provision by residents for benefit of nonresidents of foreign currency according to loan agreements;

d) transfers by residents of foreign currency into the accounts (deposits) opened in the banks and other organizations of the financial market located outside the territory of the Russian Federation and also implementation of money transfers without opening of the bank account with use of the electronic instruments of payment provided by foreign payment service providers;

e) obligatory sale of foreign currency by residents - participants of foreign economic activity in other size, than stipulated in Item 2 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";

e) transactions from among transactions, the stipulated in Item 1 Presidential decree of the Russian Federation 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" which size of the amount exceeds the size determined by the Board of directors of the Central bank of the Russian Federation;

g) obligations on payment of supply of natural gas in gaseous state (further - natural gas) the foreign persons specified in paragraphs second and third the subitem "an" of Item 1 of the Presidential decree of the Russian Federation of March 31, 2022 to No. 172 "About special procedure for execution by foreign buyers of obligations to the Russian suppliers of natural gas" (further - foreign buyers) before residents - the participants of foreign economic activity having exclusive export right of natural gas according to the Federal Law "About Gas Export" (further - the Russian suppliers), without observance of the procedure established by this Presidential decree of the Russian Federation.

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