PRESIDENTIAL DECREE OF THE RUSSIAN FEDERATION

of May 20, 2024 No. 430

About temporary procedure for acquisition of rights of exclusive rights of some owners and execution of monetary commitments before certain foreign creditors and persons under control to them

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 May 27, 2022 No. 322 "About temporary procedure for obligation fulfillment before some owners", I decide No. 81:

1. Establish temporary procedure for transactions, the exclusive rights providing acquisition of rights to results of intellectual activities or at the expense of individualization, between acquirers and owners, and also execution and (or) ensuring execution of monetary commitments according to such transactions.

2. For the purpose of this Decree:

a) acquirers are understood as the Russian Federation, subjects of the Russian Federation, municipalities, residents;

b) persons of unfriendly foreign states are understood as 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), and 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;

c) owners are understood as the persons of unfriendly foreign states which transferred or obliged to transfer the exclusive rights belonging to them on results of intellectual activities or at the expense of individualization to acquirers under the agreements providing alienation of such rights;

d) foreign creditors and persons under control to them are understood as persons of unfriendly foreign states which are guarantors (counterguarantors) according to independent guarantee (counterguarantee) or guarantors if as beneficiaries on independent guarantees (final beneficiaries on counterguarantees) or creditors on the primary obligations provided with guarantees owners act, and primary obligations as which ensuring execution such guarantees (counterguarantees) or guarantees act are the obligations arising from the transactions made based on the permission containing the condition called in the subitem "an" of Item 3 of this Decree or from transactions, the stipulated in Item 4 presents of the Decree.

3. Transactions, the stipulated in Item 1 this Decree, are made based on the permission issued according to the statement of the owner, acquirer or their representatives by Russian Government Commission on Foreign Investments. Such permission if necessary may contain:

a) condition about payment of remuneration and other payments (including the penalties (penalties, penalty fee) and other financial sanctions) connected with acquisition of rights based on the specified transactions of exclusive rights to results of intellectual activities or at the expense of individualization by money transfer into the special ruble account of type "O" which is opened according to the Presidential decree of the Russian Federation of May 27, 2022 No. 322 "About temporary procedure for obligation fulfillment before some owners" in the authorized bank determined based on Item 3 of the called Decree and is intended for carrying out with owners, foreign creditors and persons of payment under liabilities under control to them (further - the special account of type "O");

b) other conditions of making of the specified transactions.

4. Monetary commitments which arose from transactions, the stipulated in Item 1 this Decree and made about day of its entry into force and fully or partially are not performed this day, are performed by money transfer into the special account of type "O" opened addressed to the owner. This requirement extends to payments which on the date of entry into force of this Decree were not made in defiance of completion date of obligations according to the specified transactions.

5. Into the special account of type "O" opened addressed to the foreign creditor or person under control to it are subject to introduction:

a) funds which are transferred by acquirers for the purpose of execution of the monetary commitments before foreign creditors and persons under control to them arising from independent guarantees (counterguarantees) or guarantees;

b) funds which are transferred by guarantors (counterguarantors) who are not foreign creditors or persons under control to them for the purpose of execution of the monetary commitments before foreign creditors and persons under control to them arising from independent guarantees (counterguarantees).

6. The owner, the acquirer, the foreign creditor, person under control to it or their representatives has the right to address to Russian Government Commission on Foreign Investments with the statement for issue of permission to the transfer to the bank or other account of the owner, the foreign creditor or person under control to it including opened in the bank located outside the territory of the Russian Federation, means transferred into the special account of type "O". In need of the specified permission conditions of implementation of such translation can contain.

7. Money transfer into the special account of type "O" is recognized proper execution of monetary commitments. Person who transferred funds into the special account of type "O" according to this Decree is not considered violated the obligations, including on payment of penalties (penalties, penalty fee) and other financial sanctions. Execution of monetary commitments without use of the special account of type "O" in defiance of requirements of this Decree is not allowed.

8. The special account of type "O" is opened by the acquirer addressed to the owner, and in cases, stipulated in Item 5 these Decrees, - addressed to the foreign creditor or person under control to it. Write-off of funds from the special account of type "O" for benefit of the owner, the foreign creditor or person under control to it without receipt of permission, stipulated in Item 6 these Decrees, is not allowed.

9. The mode of the special account of type "O", including feature of transfer to it and write-off of funds from it, is determined according to the Presidential decree of the Russian Federation of May 27, 2022 No. 322 "About temporary procedure for obligation fulfillment before some owners".

10. Provisions of this Decree are not applied:

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