FEDERAL LAW OF THE RUSSIAN FEDERATION

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

Accepted by the State Duma on April 2, 2008

Approved by the Federation Council on April 16, 2008

Article 1. Purposes of this Federal Law

For the purpose of ensuring defense of the country and safety of the state with this Federal Law withdrawals of restrictive nature for foreign investors and for group of persons which the foreign investor enters (further - group of persons are established), with their participation in the authorized capital of the economic societies having strategic importance for ensuring defense of the country and safety of the state and (or) making by specified persons of the transactions providing acquisition in property, ownership or use of property of such economic societies them which belongs to the main production means and which cost constitutes twenty five and more percent determined on the last reporting date according to accounting (financial) records of book value of assets of the economic society having strategic importance for ensuring defense of the country and safety of the state and (or) making of other transactions, actions, as a result of which control of foreign investors or group of persons over such economic societies is established.

Article 2. The relations regulated by this Federal Law and the sphere of its application

1. This Federal Law governs the relations connected with implementation by foreign investors or group of persons of investments in the form of share acquisition (shares) constituting the authorized capital of the economic societies having strategic importance for ensuring defense of the country and safety of the state and (or) in the form of acquisition by specified persons in property, ownership or use of property which belongs to the main production means of such economic societies and which cost constitutes twenty five and more percent determined on the last reporting date according to accounting (financial) records of book value of assets of the economic society having strategic importance for ensuring defense of the country and safety of the state and also with making of other transactions, including on the stock exchanges, or actions, as a result of which control of foreign investors or group of persons over such economic societies is established.

1.1. Provisions of this Federal Law to the economic societies having strategic importance for ensuring defense of the country and safety of the state are applied also to economic societies which file petition for receipt of the license necessary for implementation at least of one of the types of activity having strategic importance for the ensuring defense of the country and safety of the state specified in article 6 of this Federal Law if such types of activity are subject to obligatory licensing (further - the license), or with the statement for receipt of the certificate on accreditation necessary for implementation at least of one of the types of activity having strategic importance for the ensuring defense of the country and safety of the state specified in article 6 of this Federal Law if their implementation requires receipt of the specified certificate on accreditation (further - the certificate on accreditation), or with the statement for receipt of the document confirming compliance of the legal entities performing activities for ensuring aviation safety, requirements of federal aviation rules if implementation of such activities requires receipt of the specified document (further - the document on compliance), or with the statement for modification of the register of licenses, or with the statement for renewal of the certificate on accreditation or the document on compliance in case of reorganization of the legal entity in the form of transformation or in the form of merge of legal entities or in the form of joining of the legal entity to other legal entity.

2. The foreign legal entities, the foreign organizations who are not legal entities who do not perform representation in the federal executive body authorized on accomplishment of functions on control of implementation of foreign investments in the Russian Federation (further - authorized body), of information on the beneficiaries, beneficial owners and the controlling persons (further - the foreign investors who are not providing information), the foreign states, the international organizations, and also the organizations which are under control of the foreign investors who are not providing information, foreign states, the international organizations including created in the territory of the Russian Federation, having no right to make transactions, other actions involving establishment of control over the economic societies having strategic importance for ensuring defense of the country and safety of the state, except for transactions stipulated in Item 5.1 parts 1 of article 7 of this Federal Law and made by the organization which is under control of foreign state and (or) to make the transactions providing acquisition in property, ownership or use of property them which belongs to the main production means of such economic societies and which cost constitutes twenty five and more percent determined on the last reporting date according to accounting (financial) records of book value of assets of the economic society having strategic importance for ensuring defense of the country and safety of the state.

2.1. The concepts "control" and "controlling person" are used in the same values, as in articles 3 and 5 of this Federal Law respectively. The concepts "beneficiary" and "beneficial owner" are used in the values specified in article 3 of the Federal Law of August 7, 2001 to No. 115-FZ "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing".

2.2. Representation by the foreign legal entities, the foreign organizations who are not legal entities, and being under their control by the organizations in authorized body of information on the beneficiaries, beneficial owners and the controlling persons is performed according to the rules approved by the Government of the Russian Federation and also in request form, this Federal Law provided by part 6 of Article 8, about need of approval of the planned transactions, other actions according to this Federal Law.

3. Transactions which are made by the foreign investors who are not providing information, foreign states, the international organizations or being under their control by the organizations and as a result of which making the foreign investors who are not providing information, foreign states, the international organizations or being under their control of the organization acquire the right directly or indirectly to dispose more than twenty five percent of total quantity of the voices falling on voting shares (shares) constituting the authorized capital of the economic societies having strategic importance for ensuring defense of the country and safety of the state or other opportunity to block decisions of governing bodies of such economic societies or acquire the right directly or indirectly to dispose more than five percent of total quantity of voices, falling on voting shares (shares) constituting the authorized capital of economic societies the subsoil having strategic importance for ensuring defense of the country and safety of the state and performing geological studying and (or) exploration and production of minerals on subsoil plots of federal importance (further also - use of subsoil plots of federal importance) and (or) fishery, are subject to preliminary approval according to the procedure, provided by this Federal Law, except for transactions in which the international financial institutions created according to international treaties which participant is the Russian Federation, or international financial institutions with which the Russian Federation signed the international agreements participate. The list of the specified international financial institutions affirms the Government of the Russian Federation.

4. Establishment of control of the foreign investors who are not providing information, foreign states, the international organizations or being under their control of the organizations over the economic societies having strategic importance for ensuring defense of the country and safety of the state is determined according to provisions of article 5 of this Federal Law.

5. Provisions of this Federal Law are applied also to the transactions made outside the territory of the Russian Federation and to other agreements reached outside the territory of the Russian Federation if such transactions and such agreements involve the effects specified in parts 1 - 3 these Articles.

6. This Federal Law does not extend to the relations connected with implementation of foreign investments and settled by other Federal Laws or international treaties ratified in accordance with the established procedure which participant is the Russian Federation. The relations connected with implementation of foreign investments in the field of military and technical cooperation of the Russian Federation with foreign states are regulated in accordance with the legislation of the Russian Federation about military and technical cooperation.

7. Provisions of this Federal Law which govern the relations connected with implementation of foreign investments in the economic societies having strategic importance for ensuring defense of the country and safety of the state and performing use of subsoil plots of federal importance and (or) fishery except for of the provisions provided by part 3 of this Article do not extend to the relations connected with implementation of foreign investments in the economic societies having strategic importance for ensuring defense of the country and safety of the state and performing use of subsoil plots of federal importance and (or) fishery if before making of the corresponding transactions the Russian Federation has the right directly or indirectly to dispose more than fifty percent of total quantity of the voices falling on voting shares (shares) constituting the authorized capital of such economic societies also reserves it it is right after their making.

8. This Federal Law does not extend to the relations connected with implementation of foreign investments in objects of the civil laws, except for objects of the civil laws specified regarding 1 this Article.

9. This Federal Law does not extend to the relations connected with transactions concerning the economic societies having strategic importance for ensuring defense of the country and safety of the state if acquirer according to such transactions is the organization which is under control of the Russian Federation, or the subject of the Russian Federation, or under control of the citizen (cumulative control including the citizens who are not entering one group of persons) the Russian Federation who is (being) in accordance with the legislation of the Russian Federation about taxes and fees the tax resident (tax residents) of the Russian Federation (except for the citizens of the Russian Federation having also other nationality or the residence permit or other valid document confirming the right to permanent residence in foreign state) on condition of submission by this organization to authorized body of information on the beneficiaries, beneficial owners and the controlling persons according to the rules approved by the Government of the Russian Federation. Are applied to determination of the fact of availability of control of the Russian Federation, the subject of the Russian Federation or control of the citizen (cumulative control including the citizens who are not entering one group of persons) the Russian Federation who is (being) in accordance with the legislation of the Russian Federation about taxes and fees the tax resident (tax residents) of the Russian Federation, over the organization, being the acquirer according to the specified transactions by analogy of provision of Item 1 of part 1 of article 5 of this Federal Law.

Article 3. The basic concepts used in this Federal Law

1. For the purpose of this Federal Law the following basic concepts are used:

1) threat to defense of the country and (or) safety of the state - set of the conditions and factors creating danger to the vital interests of the personality, society and (or) state;

2) the economic society having strategic importance for ensuring defense of the country and safety of the state (further also - the economic society having strategic importance), the economic society created in the territory of the Russian Federation and performing at least one of the types of activity having strategic importance for ensuring defense of the country and safety of the state and specified in article 6 of this Federal Law;

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