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It is registered

Ministry of Justice

Russian Federation

On November 29, 2021 No. 66040

ORDER OF FEDERAL ANTIMONOPOLY SERVICE OF THE RUSSIAN FEDERATION

of October 4, 2021 No. 1067/21

About approval of Administrative regulations of Federal Antimonopoly Service on provision of the state service in consideration of petitions for preliminary coordination of transactions and petitions for coordination of establishment of control of foreign investors or groups of persons which the foreign investor, over the economic societies having strategic importance for ensuring defense of the country and safety of the state enters

According to Articles 8, 10.1 Federal Law of April 29, 2008 No. 57-FZ "About procedure of foreign investments in the economic societies having strategic importance for ensuring defense of the country and safety of the state" (The Russian Federation Code, 2008, No. 18, Art. 1940; 2021, No. 11, the Art. 1705), part 1 of article 13 of the Federal Law of July 27, 2010 No. 210-FZ "About the organization of provision of the state and municipal services" (The Russian Federation Code, 2010, No. 31, Art. 4179; 2021, No. 1, the Art. 48), Item 1 of the Regulations on Federal Antimonopoly Service approved by the order of the Government of the Russian Federation of 30.06.2004 No. 331 (The Russian Federation Code, 2004, No. 31, Art. 3259; 2021, No. 21, the Art. 3582), Item 2 of Rules of development and approval of administrative regulations of provision of the state services approved by the order of the Government of the Russian Federation of May 16, 2011 No. 373 (The Russian Federation Code, 2011, No. 22, Art. 3169; 2018, 46, of the Art. 7050) I order to No.:

1. Approve the enclosed Administrative regulations of Federal Antimonopoly Service on provision of the state service in consideration of petitions for preliminary coordination of transactions and petitions for coordination of establishment of control of foreign investors or groups of persons which the foreign investor, over the economic societies having strategic importance for ensuring defense of the country and safety of the state enters.

2. Recognize invalid orders of FAS Russia:

- of March 6, 2013 No. 115/13 "About approval of administrative regulations of Federal Antimonopoly Service on provision of the state service in preparation, signing according to the decision of Russian Government Commission on Foreign Investments of the agreement with the foreign investor or legal entity or physical person entering group of persons which the foreign investor enters on ensuring accomplishment of certain obligations by it in case of intention of such foreign investor or legal entity or physical person to make the transaction or to establish control over the economic society having strategic importance for ensuring defense of the country and safety of the state and to execution of the decision on preliminary coordination of the transaction or about coordination of establishment of control or about refusal in such coordination respectively in the presence or lack of the security agreement of accomplishment of certain obligations signed with the applicant by it" (registration No. 28384) is registered by the Ministry of Justice of the Russian Federation on May 14, 2013;

- of April 1, 2016 No. 388/16 "About modification of administrative regulations of Federal Antimonopoly Service on provision of the state service in preparation, signing according to the decision of Russian Government Commission on Foreign Investments of the agreement with the foreign investor or legal entity or physical person entering group of persons which the foreign investor enters on ensuring accomplishment of certain obligations by it in case of intention of such foreign investor or legal entity or physical person to make the transaction or to establish control over the economic society having strategic importance for ensuring defense of the country and safety of the state and to execution of the decision on preliminary coordination of the transaction or about coordination of establishment of control or about refusal in such coordination respectively in the presence or lack of the security agreement of accomplishment of certain obligations signed with the applicant by it, the FAS Russia approved by the order of March 6, 2013 No. 115/13" (registration No. 42616) is registered by the Ministry of Justice of the Russian Federation on June 23, 2016;

- of January 28, 2019 No. 87/19 "About approval of administrative regulations of Federal Antimonopoly Service on provision of the state service in consideration of petitions for preliminary coordination of transactions and (or) establishment of control of the foreign investor or group of persons over the economic societies having strategic importance for ensuring defense of the country and safety of the state" (registration No. 53891) is registered by the Ministry of Justice of the Russian Federation on February 25, 2019;

- of December 2, 2020 No. 1178/20 "About modification of Administrative regulations of Federal Antimonopoly Service on provision of the state service in consideration of petitions for preliminary coordination of transactions and (or) establishment of control of the foreign investor or group of persons over the economic societies having strategic importance for ensuring defense of the country and safety of the state, the FAS Russia approved by the order of January 28, 2019 No. 87/19" (registration No. 61978) is registered by the Ministry of Justice of the Russian Federation on December 30, 2020.

3. I reserve control of execution of this order.

Head

M. A. Shaskolsky

Approved by the Order of Federal Antimonopoly Service of the Russian Federation of October 4, 2021, No. 1067/21

Administrative regulations of Federal Antimonopoly Service on provision of the state service in consideration of petitions for preliminary coordination of transactions and petitions for coordination of establishment of control of foreign investors or groups of persons which the foreign investor, over the economic societies having strategic importance for ensuring defense of the country and safety of the state enters

I. General provisions

Subject of regulation of regulations

1. The administrative regulations of Federal Antimonopoly Service on provision of the state service in consideration of petitions for preliminary coordination of transactions and petitions for coordination of establishment of control of foreign investors or groups of persons which the foreign investor, over the economic societies having strategic importance for ensuring defense of the country and safety of the state (enters further - respectively Regulations, the state service, the petition) establish terms and the sequence of ministerial procedures (actions) performed by FAS Russia in the course of provision of the state service.

The regulations also establish order of interaction between the structural divisions of FAS Russia participating in provision of the state service and their officials, between FAS Russia and physical persons or legal entities, individual entrepreneurs, their authorized representatives, public authorities and local government bodies, organizations and the organizations in the course of provision of the state service.

2. The concepts "foreign investor", "control" of Regulations are used in the same values, as in the Federal Law of April 29, 2008 No. 57-FZ "About procedure of foreign investments in the economic societies having strategic importance for ensuring defense of the country and safety of the state" (The Russian Federation Code, 2008, No. 18, Art. 1940; 2021, No. 27, the Art. 5167) (further - the Law No. 57-FZ).

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