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FEDERAL LAW OF THE RUSSIAN FEDERATION

of November 3, 2015 No. 297-FZ

About jurisdictional immunities of foreign state and property of foreign state in the Russian Federation

Accepted by the State Duma on October 23, 2015

Approved by the Federation Council on October 28, 2015

Article 1. Subject of regulation of this Federal Law

1. This Federal Law governs the relations connected using the Russian Federation of jurisdictional immunities of foreign state and its property.

2. The foreign state uses concerning itself and the property jurisdictional immunities taking into account provisions of this Federal Law.

3. Provisions of this Federal Law are subject to application if the Russian Federation and foreign state did not agree about other.

Article 2. The basic concepts used in this Federal Law

For the purposes of this Federal Law the following basic concepts are used:

1) foreign state:

a) the state is other, than the Russian Federation, and its public authorities;

b) components of this foreign state (subjects of the foreign federal state or administrative-territorial formations of foreign state) and their bodies in that measure in which they are competent to make actions for the purpose of implementation of the sovereign power of this foreign state and are effective in this quality;

c) organizations or other educations irrespective of whether they are legal entities, in that measure in which they are competent to make and actually make actions for the purpose of implementation of the sovereign power of this foreign state;

d) the representatives of this foreign state acting in this quality;

2) property of foreign state - the property belonging to foreign state and being in the territory of the Russian Federation;

3) jurisdictional immunities of foreign state and its property - legal immunity, immunity concerning measures for providing the claim and immunity concerning judgment execution;

4) legal immunity - obligation of court of the Russian Federation to refrain from attraction of foreign state to participation in legal procedure;

5) immunity concerning measures for providing the claim - obligation of court of the Russian Federation to refrain from application concerning the foreign state and property of foreign state of arrest and other measures providing afterwards consideration of dispute and (or) execution of the judgment;

6) immunity concerning judgment execution - obligation of court of the Russian Federation or the federal executive body performing functions on execution of court resolutions, acts of other bodies and officials to refrain from the address of claim to property of foreign state, acceptance concerning foreign state and its property of other measures for the purpose of forced execution of the judgment;

7) court of the Russian Federation - The Supreme Court of the Russian Federation, federal court of the general jurisdiction, Arbitration Court created according to the Constitution of the Russian Federation, the Federal constitutional Laws and the Federal Laws;

8) sovereign powers of authority - powers which the foreign state has owing to sovereignty and which performs for the purpose of realization of the sovereign power.

Article 3. The privileges and immunities which are not affected by this Federal Law

1. This Federal Law does not cause damage to privileges and immunities which according to rules of international law the foreign state concerning implementation of functions of its diplomatic representations, consular establishments, special missions, representations under the international organizations or delegations in bodies of the international organizations or at the international conferences and persons belonging to them uses.

2. This Federal Law does not cause damage to the privileges and immunities provided according to rules of international law to heads of states, the governments or to Ministers of Foreign Affairs.

3. This Federal Law does not cause damage to immunities which according to rules of international law the foreign state concerning aircrafts or space objects belonging to foreign state or operated by it, and also warships and other national courts operated in non-commercial purposes uses.

Article 4. The principle of reciprocity in questions of use of jurisdictional immunities

1. Jurisdictional immunities of foreign state and its property in the amount provided according to this Federal Law can be limited on the basis of the principle of reciprocity if availability of the restrictions concerning provision of the Russian Federation and to its property of jurisdictional immunities in foreign state concerning which and which property there was question of jurisdictional immunities is established.

2. The federal executive body performing functions on development and realization of state policy and normative legal regulation in the field of the international relations of the Russian Federation, according to the procedure, established by the procedural legislation of the Russian Federation, draws the conclusions concerning provision of jurisdictional immunities of the Russian Federation and to its property in foreign state.

Article 5. Consent of foreign state to implementation of jurisdiction by court of the Russian Federation

1. The foreign state does not use legal immunity in the Russian Federation if it obviously expressed consent to implementation by court of the Russian Federation to jurisdiction concerning specific dispute in force:

1) international treaty;

2) the written agreement which is not the international treaty;

3) the legal statements of the Russian Federation, the written notice of court of the Russian Federation or the written notice transferred to the Russian Federation through diplomatic channels within legal procedure concerning specific dispute.

2. The consent of foreign state to the implementation by court of the Russian Federation of jurisdiction concerning specific dispute provided by part of 1 this Article cannot be withdrawn and extends to all stages of legal proceedings.

3. As the consent of foreign state to implementation by court of the Russian Federation of jurisdiction concerning specific dispute are not considered:

The introduction of foreign state in legal procedure or implementation of any other legal proceeding for the only purpose to declare 1) jurisdictional immunities or to produce the evidence of availability of the right concerning property which is matter in issue;

2) the consent of foreign state to application of the legislation of the Russian Federation concerning specific dispute;

3) nonparticipation of foreign state in legal procedure in court of the Russian Federation;

4) appearance of the representative of foreign state in court of the Russian Federation for witness testimony or as the expert.

4. The consent of foreign state to implementation by court of the Russian Federation of jurisdiction concerning specific dispute does not affect immunity of foreign state concerning measures for providing the claim and (or) immunity of foreign state concerning judgment execution.

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