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PRESIDENTIAL DECREE OF THE RUSSIAN FEDERATION

of May 27, 2022 No. 322

About temporary procedure for obligation fulfillment before some owners

(as amended of the Presidential decree of the Russian Federation of 15.02.2024 No. 122)

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 No. 81 "About additional temporary measures of economic nature for ensuring financial stability of the Russian Federation" and of March 5, 2022 No. 95 "About temporary procedure for obligation fulfillment before some foreign creditors", I decide:

1. Establish temporary procedure for execution by the Russian Federation, subjects of the Russian Federation, municipalities, residents (further - debtors) the monetary commitments connected with use of results of intellectual activities by them and (or) means of individualization (further - obligations) on which exclusive rights belong:

a) to the foreign owners 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 (including if the place of their registration is the Russian Federation) or places of preferential conducting economic activity by them;

b) to the owners who publicly supported implementation by foreign state, national association and (or) the union and (or) the public (interstate) institution of foreign state or national association and (or) union of the measures of restrictive nature which are expressed in introduction or in prolongation of political or economic sanctions concerning the Russian Federation, citizens of the Russian Federation or the Russian legal entities, or publicly called for implementation of such measures;

c) to the owners who forbade after February 23, 2022 use in the territory of the Russian Federation of results of intellectual activities and (or) means of individualization or established prohibition on such use for one or several legal entities and physical persons if these actions were caused by implementation of the measures of restrictive nature specified in the subitem "b" of this Item or other reasons which are not connected with economic feasibility;

d) to the owners who stopped, suspended or significantly limited later February 23, 2022 in the territory of the Russian Federation production (delivery) of goods, rendering services and (or) performance of works if these actions were caused by implementation of the measures of restrictive nature specified in the subitem "b" of this Item or other reasons which are not connected with economic feasibility;

e) to the owners who made the public actions directed to discredit of use of the Armed Forces of the Russian Federation and (or) execution by state bodies of the Russian Federation of the powers outside the territory of the Russian Federation for the purpose of protection of interests of the Russian Federation and its citizens, maintenance of international peace and safety, or publicly extended under the guise of authentic messages obviously false information containing data on use of the Armed Forces of the Russian Federation and (or) execution by state bodies of the Russian Federation of the powers outside the territory of the Russian Federation for present purposes;

e) to the owners who extended in information and telecommunication networks including in Internet networks, information expressing in indecent form which offends human dignity and public morality, obvious disrespect for society, the state, official state symbols of the Russian Federation, the Constitution of the Russian Federation or to the bodies performing the government in the Russian Federation.

2. For the purpose of obligation fulfillment before the owners called in subitems "an" - "e" Item 1 of this Decree (further also - owners), the debtor informed on the circumstances provided by subitems "an" - "e" Item 1 of this Decree, pays the remuneration, payments connected with implementation and protection of the exclusive rights belonging to the owner and other payments, including penalties (penalties, penalty fee) and other financial sanctions (further - payments), by money transfer into the special ruble account of type "O" opened by the debtor in authorized bank addressed to the owner and intended for carrying out payment under obligations (further - the special account of type "O"). Into the special account of type "O" payments which in defiance of completion date were not listed by the debtor of obligations to the owner to it on the date of official publication of this Decree are also subject to introduction. The debtor is considered informed on the specified circumstances if the relevant information was published in mass media and (or) is posted on the official sites of state bodies on the Internet.

2(1). Into the special account of type "O" are subject to introduction including the payments made for the purpose of payment to owners of compensation according to Article 1360 of the Civil code of the Russian Federation.

3. The authorized bank (authorized banks) is determined by the Government of the Russian Federation. In case of determination of several Government of the Russian Federation authorized banks approves procedure for exchange between such banks of information on the special accounts of type "O" opened in them. At the same time exchange of information is allowed without receipt of consent of owners and (or) debtors. Exchange of information according to this Item is not violation of bank secrecy.

4. Into the special account of type "O" are made including payments according to license agreements, sublicense agreements, agreements on delegation of power on management of the rights (including the prisoner the organization for management of the rights on collective basis) and to other agreements providing payment of remuneration in connection with use by the debtor of results of intellectual activities and (or) means of individualization on which exclusive rights belong to the owner (further - agreements).

5. Addressed to the owner only one special account of type "O" can be opened. The special account of type "O" is opened based on the application directed by the debtor to authorized bank. If on the date of receipt of the statement in authorized bank in which it arrived or in other authorized bank addressed to the corresponding owner the special account of type "O", authorized bank in which the statement arrived is opened, tells details of the special account of type "O" to the debtor who directed the application.

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