ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of October 31, 2024 No. 1463

About approval of requirements to activities of the operator of mayningovy infrastructure

According to article 14.2 of the Federal law "About Digital Financial Assets, Digital Currency and about Modification of Separate Legal Acts of the Russian Federation" Government of the Russian Federation decides:

1. Approve the enclosed requirements to activities of the operator of mayningovy infrastructure.

2. This resolution becomes effective since November 1, 2024.

Approved by the Order of the Government of the Russian Federation of October 31, 2024 No. 1463

Requirements to activities of the operator of mayningovy infrastructure

1. This document establishes requirements to activities of the operator of mayningovy infrastructure.

2. The operator of mayningovy infrastructure shall provide uninterruptedness and reliability of functioning of mayningovy infrastructure, protection of information processed by it, stability of food of utility power systems when implementing the activities.

3. The operator of mayningovy infrastructure shall create service of internal control and service of risk management or to designate the controller and the official responsible for the organization of risk management system.

4. When implementing by the legal entity of activities of the operator of mayningovy infrastructure its sole executive body, members of collegiate executive body (in case of its availability), members of collegiate organ of management (supervisory or other board) (in case of its availability), the chief accountant, the head of internal control (controller), the head of service of risk management (person responsible for the organization of risk management system) in case of appointment (election) to positions and during the entire period of implementation of functions on the specified positions, including temporary execution of job responsibilities, shall conform to requirements to qualification, stipulated in Item the 5th this document, and to requirements to goodwill, stipulated in Item the 6th this document.

5. Persons specified in item 4 of this document shall conform to the following requirements to qualification:

a) person performing functions of sole executive body, the member of collegiate executive body of the operator of mayningovy infrastructure shall have the higher education, and also experience of management of the organization performing activities in the financial market (or structural division of such organization), at least 2 years, or experience of management of the organization performing activities in the sphere of information and communication technologies (or structural division of such organization), at least 2 years, or work experience on executive positions in public authorities of the Russian Federation or state members of the Eurasian Economic Union, public authorities of subjects of the Russian Federation, the Central bank of the Russian Federation at least 2 years;

b) the member of collegiate organ of management (supervisory or other board) of the operator of mayningovy infrastructure shall have the higher education;

c) the chief accountant of the operator of mayningovy infrastructure shall have the higher education and work experience, connected with conducting financial accounting, creation of accounting (financial) records or auditor activities, at least one year;

d) the head of internal control (controller), the head of service of risk management (the official responsible for the organization of risk management system) of the operator of mayningovy infrastructure shall have the higher education and the experience of management of the organization (or structural division of such organization) connected with questions of methodology and assessment of risk management, internal control or internal audit, at least one year or work experience on executive positions in public authorities of the Russian Federation or state members of the Eurasian Economic Union, public authorities of subjects of the Russian Federation, the Central bank of the Russian Federation at least one year.

6. Persons specified in item 4 of this document (and also the operator of mayningovy infrastructure according to subitems "g" and "d" of this Item), cannot be:

a) persons having not removed or unspent conviction for making of intentional crime;

b) persons who 2 and more times within the last 3 years according to the court resolution which took legal effect were brought to the administrative responsibility for wrongful acts in case of bankruptcy of the legal entity deliberate and (or) dummy bankruptcy of the legal entity (except for case if such administrative offense entailed administrative punishment in the form of the prevention);

c) persons who according to the court resolution which took legal effect were brought to trial for wrongful acts in case of bankruptcy of the legal entity, deliberate and (or) dummy bankruptcy of the legal entity if 5-year term from the date of entry into force of the specified court resolution did not expire;

d) persons, data on whom contain in the stipulated in Article 6 Federal Laws "About Counteraction of Legalization (Washing) of Income Gained in the Criminal Way and to Terrorism Financing" the list of the organizations and physical persons concerning which there are data on their participation in extremist activities or terrorism, or in the powers constituted within realization provided by Chapter VII of Articles of organization of the United Nations, the Security Council of the United Nations or bodies which are specially created by decisions of the Security Council of the United Nations, lists of the organizations and physical persons connected with the terrorist organizations and terrorists or with distribution of weapons of mass destruction;

e) persons on whom the interdepartmental coordinating body performing functions on counteraction to financing of terrorism and extremist activities makes the decision on freezing (blocking) of its money or other property.

7. The individual entrepreneur who is the operator of mayningovy infrastructure when implementing activities of the operator of mayningovy infrastructure shall conform to the requirement to qualification regarding availability of the higher education and to requirements to goodwill, stipulated in Item the 6th this document.

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