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It is registered

in Ministry of Justice

Russia

On May 18, 2012 No. 24235

ORDER OF THE FEDERAL SERVICE FOR FINANCIAL MARKETS OF THE RUSSIAN FEDERATION

of March 6, 2012 No. 12-10/pz-n

About approval of the Order of registration of securities prospectuses of foreign issuers and the admission of securities of foreign issuers to placement and (or) the public address in the Russian Federation according to the solution of federal executive body on the security market

According to Item 2 of Article 42, Items 8 and 23 of article 51.1 of the Federal Law of 22.04.1996 N 39-FZ "About the security market" (The Russian Federation Code, 1996, N 17, Art. 1918; 1998, N 48, Art. 5857; 1999, N 28, Art. 3472; 2001, N 33, Art. 3424; 2002, N 52, Art. 5141; 2004, N 27, Art. 2711; N 31, of Art. 3225; 2005, N 11, Art. 900; N 25, of Art. 2426; 2006, N 1, Art. 5; N 2, of Art. 172; N 17, of Art. 1780; N 31, of Art. 3437; N 43, of Art. 4412; 2007, N 1, Art. 45; N 18, of Art. 2117; N 22, of Art. 2563; N 41, of Art. 4845; N 50, of Art. 6247; N 50, of Art. 6249; 2008, N 44, Art. 4982; N 52, of Art. 6221; 2009, N 1, Art. 28; N 7, of Art. 777; N 18, of Art. 2154; N 23, of Art. 2770; N 29, of the Art. 3618, Art. 3642; N 48, of Art. 5731; N 52, of Art. 6428; 2010, N 17, Art. 1988; N 31, of the Art. 4193, N 41, Art. 5193; 2011, N 7, Art. 905; N 23, of Art. 3262; N 27, of Art. 3880; N 29, of Art. 4291; N 48, of Art. 6728; N 49, of the Art. 7040), the Regulations on the Federal Service for Financial Markets approved by the order of the Government of the Russian Federation of 29.08.2011 N 717 (The Russian Federation Code, 2011, N 36, to the Art. 5148), I order:

1. Approve the enclosed Order of registration of securities prospectuses of foreign issuers and the admission of securities of foreign issuers to placement and (or) the public address in the Russian Federation according to the solution of federal executive body on the security market.

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<*> It is registered in the Ministry of Justice of the Russian Federation 12.04. 2010, registration N 16867.

 

Head of D.V.PANKIN

Approved by the order of the Federal Service for Financial Markets of the Russian Federation of March 6, 2012, No. 12-10/pz-n

Order of registration of securities prospectuses of foreign issuers and the admission of securities of foreign issuers to placement and (or) the public address in the Russian Federation according to the solution of federal executive body on the security market

I. General provisions

1.1. This Procedure establishes:

order of registration of securities prospectuses of foreign issuers;

procedure for acceptance by federal executive body on the security market of the decision on the admission of securities of foreign issuers to placement and (or) the public address in the Russian Federation;

the list of the documents submitted to federal executive body on the security market for registration of securities prospectuses of foreign issuers and the admission of securities of foreign issuers to placement and (or) the public address in the Russian Federation, the requirements to the scope of information included in these documents, to their registration and other requirements to such documents.

1.2. This Procedure does not extend to the admission to the public circulation in the Russian Federation of securities of foreign issuers which according to Article

51.1 The Federal Law "About the Security Market" can be allowed to the public address in the Russian Federation based on the decision of the Russian stock exchange.

II. Conditions which observance is obligatory for the admission of securities of foreign issuers to placement and (or) the public address in the Russian Federation according to the solution of federal executive body on the security market

2.1. As securities of foreign issuers foreign financial instruments in case of simultaneous observance of the following conditions can be allowed to the address in the Russian Federation:

1) assignments to foreign financial instruments of the international code (number) of identification of securities and international code of classification of financial instruments;

2) qualifications of foreign financial instruments as securities according to the procedure, established by the Regulations on qualification of foreign financial instruments as securities approved by the order of FFMS of Russia of 23.10.2007 of N 07-105/pz-n <*> (with the changes made by the order of FFMS of Russia of 22.01.2008 of N 08-2/pz-n <**>).

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<*> It is registered in the Ministry of Justice of the Russian Federation 11.12. 2007, registration N 10673.

<**> It is registered in the Ministry of Justice of the Russian Federation 21.02. 2008, registration N 11203.

2.2. The securities of foreign issuers conforming to requirements of Item 2.1 of this Procedure which issuers are can be allowed to placement and (or) the public address in the Russian Federation:

1) the foreign organizations with the organization place in the states, being organization members of economic cooperation and development (OECD), members or observers of Group of development of financial measures of anti-money laundering (FATF) and (or) members of the committee of experts of the Council of Europe according to measures of counteraction to money laundering and financing of terrorism (Manivel);

2) the foreign organizations with the organization place in the states, with relevant organs (the relevant organizations) of which the federal executive body on the security market signs the agreement providing procedure for their interaction;

3) the international financial institutions included in the list approved by the Government of the Russian Federation;

4) the foreign states specified in subitems 1 and 2 of this Item or Central Banks of such foreign states.

2.3. Securities of the foreign issuer are allowed to placement and (or) the public address in the Russian Federation according to the solution of federal executive body on the security market on condition of registration by federal executive body on the security market of the prospectus of such securities.

The decision on registration of the securities prospectus of the foreign issuer and the decision on the admission of securities of the foreign issuer to placement and (or) the public address in the Russian Federation or the motivated decision on refusal in registration of the securities prospectus of the foreign issuer and the motivated decision on refusal in the admission of securities of the foreign issuer to placement and (or) the public address in the Russian Federation are accepted by federal executive body on the security market at the same time.

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