ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 21, 2020 No. 2194

About modification of the Regulations on implementation of request by the organization of the financial market at the clients of information on such clients, beneficiaries and (or) persons directly or indirectly controlling them, its processing, including documentary fixing, and the analysis, about acceptance, including documentary fixing, reasonable and available in the circumstances measures for establishment of the tax residence of the clients, beneficiaries and persons directly or indirectly controlling them including check of reliability and completeness of information provided by the client, and also about structure, about conditions, about procedure and terms of submission of the specified information in federal executive body, the representative for control and supervision in the field of taxes and fees

The government of the Russian Federation decides:

1. Approve the enclosed changes which are made to Regulations on implementation of request by the organization of the financial market at the clients of information on such clients, beneficiaries and (or) persons directly or indirectly controlling them, its processing, including documentary fixing, and the analysis, about acceptance, including documentary fixing, reasonable and available in the circumstances measures for establishment of the tax residence of the clients, beneficiaries and persons directly or indirectly controlling them including check of reliability and completeness of information provided by the client, and also about structure, about conditions, about procedure and terms of submission of the specified information in federal executive body, the representative for control and supervision in the field of taxes and fees, approved by the order of the Government of the Russian Federation of June 16, 2018 No. 693 "About realization of the international automatic exchange of financial information with competent authorities of foreign states (territories)" (The Russian Federation Code, 2018, No. 26, the Art. 3858).

2. This resolution becomes effective after one month from the date of its official publication.

Approved by the Order of the Government of the Russian Federation of December 21, 2020 No. 2194

Changes which are made to Regulations on implementation of request by the organization of the financial market at the clients of information on such clients, beneficiaries and (or) persons directly or indirectly controlling them, its processing, including documentary fixing, and the analysis, about acceptance, including documentary fixing, reasonable and available in the circumstances measures for establishment of the tax residence of the clients, beneficiaries and persons directly or indirectly controlling them including check of reliability and completeness of information provided by the client, and also about structure, about conditions, about procedure and terms of submission of the specified information in federal executive body, the representative for control and supervision in the field of taxes and fees

1. In Item 2:

after the paragraph of third to add with the paragraph of the following content:

"change of circumstances" - or the organization of the financial market which including lead to change of information concerning the tax residence of the client (the beneficiary and (or) persons, directly or indirectly them controlling) in connection with change current or emergence of new signs of belonging of specified persons to foreign state shall learn any events about which learned. Change of circumstances is also understood as change (amendment) of any information about which learned or the organization of the financial market (including replacement current or appearance of the new client, beneficiary and (or) persons, directly or indirectly shall recognize them controlling), concerning the agreement providing rendering financial service, and also any other agreement providing rendering financial service which is connected with the client, the beneficiary and (or) persons directly or indirectly controlling them in connection with application of provisions of Item 54 this provision if such change (amendment) can lead to change of the tax residence of specified persons (to change flowing (to emergence new) signs of their belonging to foreign state). At the same time the death of the client (the beneficiary and (or) persons, directly or indirectly them controlling) in itself is not considered as change of circumstances;";

to replace the paragraph of the seventh with the text of the following content:

"the passive non-financial organization" - the organization or structure without formation of legal entity which is not the organization of the financial market and not corresponding to signs of the clients (except for clients - physical persons) performing vigorous activity according to appendix No. 1, and also the organization of the financial market and (or) financial institution registered in the foreign state (territory) which is not included in the list of the states (territories) with which the automatic exchange of financial information posted on the official site of authorized body on the Internet including the organization of the financial market and (or) financial institution (separate division of such organization or organization) which are located in such state (territory) is performed or concerning which such state (territory) exercises banking supervision and (or) regulation control and supervision in the field of the financial markets which basic income comes from investments or trade in financial assets and which are controlled other organization of the financial market or financial institution. For the purpose of this Item the financial institution is understood as the organization registered in foreign state (territory), performing transactions (transaction) with money or other property, which is that according to the determination fixed by recommendations of Group of development of financial measures of anti-money laundering (FATF). At the same time the financial institution is not the organization of the financial market or the organization of the financial market registered in foreign state (territory). The organization of the financial market and (or) financial institution is controlled other organization of the financial market or financial institution if one or several organizations of the financial market or financial institutions during the activities perform directly or indirectly on behalf of the managed organization of the financial market and (or) financial institution:

a) the transactions connected at the same time or separately with:

trade in highly liquid financial instruments (including checks, bills of exchange, deposit certificates, derivative financial instruments), implementation of transactions in the foreign exchange market (the market Forex), trade in exchange tools, and also the tools connected with the interest rates and indexes wrapped by securities, or futures trading on primary goods;

management of individual and collective investment portfolios;

other investment, administration or financial asset management or money on behalf of other organization of the financial market and (or) financial institution;

b) investment or trade in financial assets (independently or through intermediaries) on behalf of the managed organization of the financial market and (or) financial institution, and also has the right to dispose fully or partially of assets of such organization of the financial market and (or) financial institution;".

2. In paragraph four of Item 53 of the word "during any subsequent accounting period" shall be replaced with words "following the results of any subsequent accounting period".

3. In Item 62:

"the changed circumstances (circumstances which bring or can lead to change of the tax residence)" shall be replaced with words words "change of circumstances";

add with paragraphs of the following content:

"If in connection with change of circumstances information or documents submitted by the client concerning earlier signed agreement when which carrying out the analysis the organization of the financial market applied the measures specified in Item 35 of this provision ceased to be true, the organization of the financial market has no right to rely on such information or documents and shall within 90 days from the date of when she learned or shall learn about such circumstances, request and obtain from the client updated information and documents for repeated application of the measures specified in Item 35 of this provision. If the organization of the financial market did not obtain in the specified time from the client updated information and documents, it applies the measures specified in Item 33 this provision.

If as a result of change of circumstances concerning the new agreement information provided by the client (in the form of form of independent certification), ceased to be true, the organization of the financial market has no right to rely on it and shall within 90 days from the date of when she learned or shall learn about such circumstances, request and obtain from the client information or documents and reasons which confirm accuracy of the information, provided by the client in connection with change of circumstances. If the organization of the financial market did not obtain from the client in the specified time information (in the form of form of independent certification) which corresponds to such circumstances, or documents and reasons which confirm accuracy of the information, provided by the client before emergence of the specified circumstances, the organization of the financial market applies the measures specified in Item 33 this provision and considers the client (the beneficiary and (or) persons, directly or indirectly them controlling) under such new agreement as tax resident in all relevant states (territories) according to at the same time changed circumstances and information provided by the client before their origin.".

4. Add with Item 64 following of content:

"64. Under agreements within which implementation implementation of the financial market of annuity payments by the organization is supposed and also under agreements of voluntary insurance of life the organization of the financial market as the beneficiary considers:

before the period of payments - person who has the right to dispose of the amount of obligations of the organization of the financial market for the relevant agreement on rendering financial services or to appoint persons having the right to payments for such agreement;

after approach of the period of payments - person who actually receives payments under the relevant agreement providing rendering financial service.".

5. In the paragraph the second the subitem "an" of Item 1 of appendix No. 1 to the specified word Provision "Item 2 of this document" shall be replaced with words "the subitem "b" of this Item".

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