PRESIDENTIAL DECREE OF THE RUSSIAN FEDERATION

of September 8, 2022 No. 618

About special procedure (execution) of separate types of transactions (transactions) between some persons

In addition to the measures provided by presidential decrees of the Russian Federation 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 special procedure (execution) between the residents and 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 or the place of preferential conducting economic activity by them (further - persons of the foreign states making unfriendly actions), between persons of the foreign states making unfriendly actions and also between persons of the foreign states making unfriendly actions and foreign persons, not being persons of the foreign states making unfriendly actions, transactions (transactions), involving directly and (or) indirectly establishment, change or the termination of rights of possession, uses and (or) orders of shares in the authorized capital of limited liability companies (except for credit institutions and not credit financial credit institutions) or other rights allowing to determine conditions of management of such limited liability companies and (or) conditions of implementation of business activity by them.

2. Transactions (transaction), the stipulated in Item 1 this Decree, can be performed (to be performed) based on the permissions issued by Russian Government Commission on Foreign Investments and in need of such transactions (transactions) containing conditions of implementation (execution).

3. The procedure established by this Decree does not extend to transactions (transactions) performed (performed) according to the Presidential decree of the Russian Federation of June 30, 2022 No. 416 "About application of special economic measures in the fuel and energy sphere in connection with unfriendly actions of some foreign states and the international organizations" and transactions (transaction) provided by the Presidential decree of the Russian Federation of August 5, 2022 No. 520 "About application of special economic measures in financial and fuel and energy spheres in connection with unfriendly actions of some foreign states and the international organizations".

4. Provisions of Item 12 of the Presidential decree of the Russian Federation of March 5, 2022 No. 95 "About temporary procedure for obligation fulfillment before some foreign creditors" and item 4 of the Presidential decree of the Russian Federation of May 4, 2022 No. 254 "About temporary procedure for execution of financial liabilities in the sphere of the corporate relations before some foreign creditors" extend to application of Items 1 and 2 of this Decree and Item 1 of the Presidential decree of the Russian Federation of May 4, 2022 No. 254 "About temporary procedure for execution of financial liabilities in the sphere of the corporate relations before some foreign creditors".

5. The agreement obligations of the bank account (contribution) expressed in foreign currency, concluded between credit institutions concerning which the foreign states called in Item 1 of this Decree enter rationing arrangements, and the clients of the specified organizations who are legal entities - residents, are recognized performed properly if these obligations are fulfilled in rubles in the amount equivalent to the cost of obligations in foreign currency (irrespective of in what currency such cost is expressed) and the official rate of the Central bank of the Russian Federation established on the date of obligation fulfillment. calculated on

6. Limited liability companies which share of direct or indirect participation in the authorized capital belongs to the legal entities who are users of subsoil plots which are located in the territory of the Russian Federation, and included in the list of the strategic companies and strategic joint-stock companies approved by the Presidential decree of the Russian Federation of August 4, 2004 No. 1009 "About approval of the list of the strategic companies and strategic joint-stock companies", having the right not to provide information on the activities to the members of such limited liability companies who are persons of the foreign states making unfriendly actions.

7. Grant to the Ministry of Finance of the Russian Federation the right to make official explanations concerning application of this Decree.

8. To the government of the Russian Federation in 10-day time to approve procedure for issue of permissions by Russian Government Commission on Foreign Investments, the stipulated in Item 2 presents of the Decree.

9. Provisions of Item 5 of this Decree are not applied to the relations, regulated Item 1 of the Presidential decree of the Russian Federation of August 8, 2022 No. 529 "About temporary procedure for obligation fulfillment on bank account agreements (contribution), expressed in foreign currency, and obligations on the bonds issued by the foreign organizations".

10. This Decree becomes effective from the date of its official publication.

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