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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of October 17, 2009 No. 838

About approval of Rules of implementation of preliminary coordination of transactions and coordination of establishment of control of foreign investors or group 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

(as amended on 18-11-2020)

According to part 6 of article 11 of the Federal law "About Procedure of Foreign Investments in the Economic Societies Having Strategic Importance for Ensuring Defense of the Country and Safety of the State" Government of the Russian Federation decides:

1. Approve the enclosed Rules of implementation of preliminary coordination of transactions and coordination of establishment of control of foreign investors or group 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. Determine that preliminary coordination of the transactions made by foreign investors concerning the Russian economic societies which are subject according to the decision of the chairman of Russian Government Commission on Foreign Investments to preliminary coordination according to article 6 of the Federal law "About Foreign Investments in the Russian Federation" is performed according to the Rules approved by this resolution.

Russian Prime Minister

V. Putin

Approved by the Order of the Government of the Russian Federation of October 17, 2009 No. 838

Rules of implementation of preliminary coordination of transactions and coordination of establishment of control of foreign investors or group 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

1. These rules establish procedure of preliminary coordination of transactions, other actions involving establishment of control of foreign investors or group of persons which the foreign investor enters (further - group of persons), over the economic societies having strategic importance for ensuring defense of the country and safety of the state (further - the economic societies having strategic importance), the transactions providing acquisition in property, ownership or use of property which belongs to the main production means of the economic society having strategic importance and which cost constitutes 25 and more percent, determined on the last reporting date according to its accounting (financial) records of book value of assets of the economic society having strategic importance coordination of establishment of control of foreign investors or group of persons over the economic societies having strategic importance, and also procedure for consideration of petitions for preliminary coordination of transactions or coordination of establishment of control in the part which is not settled by the Federal Law "About Procedure of Foreign Investments in the Economic Societies Having Strategic Importance for Ensuring Defense of the Country and Safety of the State" (further - the Federal Law).

Preliminary coordination of other actions as a result of which the foreign investor or group of persons acquires the right to determine decisions of governing bodies of the economic society having strategic importance, including conditions of implementation of business activity by it is performed in the procedure for preliminary coordination of transactions established by these rules.

2. The concepts applied in these rules are used in the values specified in the Federal Law.

3. The petition for preliminary coordination of the transaction or the petition for control establishment coordination (further - the petition) submitted according to article 8 of the Federal Law the foreign investor or the legal entity or physical person entering group of persons who intend to make any of specified in parts 1 - 4 articles 7 of the Federal Law of transactions or established according to part 5 of article 7 of the Federal Law control over the economic society having strategic importance (further - the applicant), goes to the federal executive body authorized on accomplishment of functions on control of implementation of foreign investments in the Russian Federation (further - authorized body), addressed to his head (or the deputy manager) in 2 copies.

4. In the statement for preliminary coordination of the transaction or for control establishment coordination (further - the statement) in addition to data, the stipulated in Article 8 Federal Laws, essential terms of transaction, and also the complete list of persons which as a result of transaction acquire the rights on establishment of control concerning the economic society having strategic importance are specified.

5. The statement and documents attached to it are constituted in Russian. If originals of documents are constituted in foreign language, they are represented with the translation into Russian certified in accordance with the established procedure (with putting down of apostille of competent authority of the state in which this document was constituted).

Documents are presented in the stitched form and certified by seal (in case of its availability) person submitting the petition.

If the petition is submitted physical person, documents are certified by the signature of physical person which authenticity is witnessed notarially in accordance with the established procedure.

The petition can be provided to authorized body by the applicant's representative having notarially certified power of attorney or other document confirming powers of the person for submission of the petition.

The inventory of the directed documents is enclosed to the application.

6. The applicant in the presence in documents of data, components the state, commercial, office or protected by the law other secret, specifies the exhaustive list of the documents containing such data in the statement.

Information, component the state, commercial, office or protected by the law other secret, is submitted in authorized body according to the requirements established by the Federal Laws and international treaties of the Russian Federation.

7. The data and documents which are part of the petition shall be complete and reliable. In case of impossibility of complete idea by the applicant of necessary data and documents they are represented in the amount which is available for it. At the same time the reasons of impossibility of submission by the applicant of the corresponding data and documents are specified, and also it is reported where such data and documents can be requested.

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