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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 28-04-2022)

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.

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