FEDERAL LAW OF THE RUSSIAN FEDERATION

of March 9, 2021 No. 40-FZ

About introduction of amendments to 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"

Accepted by the State Duma on February 17, 2021

Approved by the Federation Council on March 3, 2021

Bring in the Federal Law of April 29, 2008 No. 57-FZ "About procedure of foreign investments in the economic societies having strategic importance for ensuring defense of the country and safety of the state" (The Russian Federation Code, 2008, No. 18, Art. 1940; 2011, No. 1, Art. 32; No. 27, Art. 3880; No. 47, Art. 6612; 2014, No. 6, Art. 566; No. 11, Art. 1094; No. 45, Art. 6153; 2017, No. 27, Art. 3952; No. 30, Art. 4445; 2018, No. 23, Art. 3229; No. 49, Art. 7523; 2020, No. 31, Art. 5014) following changes:

1) part 2 of article 2 after words "safety of the state," to add with the words "except for transactions, stipulated in Item 5.1 parts 1 of article 7 of this Federal Law and made by the organization which is under control of foreign state";

Part 1 of Article 7 to add 2) with Item 5.1 of the following content:

"5. 1) the transactions of the organization which is under control of foreign state, involving establishment of control by this organization over the economic society having strategic importance which is that only in connection with implementation by it of the types of activity specified in Items 3 (except for productions of medicines) and (or) 36 (regarding rendering services in water supply and water disposal with use of centralized systems, systems of utility infrastructure) article 6 of this Federal Law for which the specified types of activity are not the main and at the same time for the last three years preceding date of submission of the petition for preliminary approval of such transaction, book value of the property used for implementation of the specified types of activity constitutes no more than one percent determined on the last reporting date according to accounting (financial) records of book value of assets of such economic society having strategic importance, for each complete accounting year, planned to making concerning the economic society having strategic importance or concerning the organization which does not have strategic importance under which control there is such economic society having strategic importance;";

Article 9 to add 3) with part 6 of the following content:

"6. If by authorized body by consideration of the petition it is determined that the decision by results of consideration of the petition is made according to article 10.1 of this Federal Law, within three working days from the date of determination of this fact the authorized body shall send to the federal executive body performing functions on the organization and implementation of federal state sanitary and epidemiological surveillance, the federal executive body performing functions on development and realization of state policy and normative legal regulation in the field of housing and communal services, the federal executive body performing functions on development of state policy and normative legal regulation in the field of the analysis and forecasting of social and economic development (further - the interested federal executive bodies), requests about need of consideration of this petition by the Commission or about lack of such need. During no more than fourteen days from the date of receipt from authorized body of the specified requests the interested federal executive bodies send to authorized body of the conclusion about need of consideration of this petition by the Commission or about lack of such need. By preparation of these conclusions based on information provided including authorized body concerning the economic society having strategic importance, specified in the petition provided by part 1 of article 10.1 of this Federal Law, the following criteria shall be considered by the interested federal executive bodies:

1) effects of making of the planned transaction or establishment of control according to part 5 of article 7 of this Federal Law for field of activity, normative legal regulation or federal state control (supervision) of which is exercised by the interested federal executive bodies;

2) availability or lack of need of assignment by the Commission on the applicant of one or several obligations provided by Items 1 - 7 and 10 - 15 parts 1 of article 12 of this Federal Law.";

4) in Article 10:

a) the paragraph one of part 1 after the words "over this economic society" to add with words "and if the decision by results of consideration of the petition is made according to article 10.1 of this Federal Law, also requests on need of consideration of this petition by the Commission or on lack of such need";

b) add part 2 with the offer of the following content: "In the case provided by part 6 of article 9 of this Federal Law, authorized body in addition to the specified requests copies of the conclusions of the interested federal executive bodies about need of consideration of the petition by the Commission or about lack of such need in time no more than three working days from the date of their receipt go to authorized body.";

c) add part 3 with words "and if the decision by results of consideration of the petition is made according to article 10.1 of this Federal Law, also the conclusions about need of consideration of this petition by the Commission or about lack of such need";

d) add part 6 with the words "or makes the decision on preliminary approval of the transaction or approval of establishment of control in the simplified procedure in case, stipulated in Item 1 part 2 of article 10.1 of this Federal Law";

To add 5) with Article 10.1 of the following content:

"Article 10.1. Features of decision making in the simplified procedure about preliminary approval of the transaction or approval of establishment of control

1. The decision in the simplified procedure on preliminary approval of the transaction or approval of establishment of control by results of consideration of the petition of the foreign investor or the legal entity or physical person entering group of persons (except for foreign investors who are the foreign investors who are not providing information and (or) foreign states, and (or) the international organizations and (or) are under control of the foreign investors who are not providing information and (or) foreign states, and (or) the international organizations) which intend to make any of 4 and 6 parts 1 specified in Items 1, and parts 2 - 4 articles 7 of this Federal Law of transactions or established control according to part 5 of article 7 of this Federal Law over the economic society having strategic importance which is that only in connection with implementation of types of activity by it specified in Items 3 (except for productions of medicines) and (or) 36 (regarding rendering services in water supply and water disposal with use of centralized systems, systems of utility infrastructure) article 6 of this Federal Law for which the specified types of activity are not the main and at the same time for the last three years preceding date of submission of the petition book value of the property used for implementation of the specified types of activity makes no more than one percent determined on the last reporting date according to accounting (financial) records of book value of assets of this economic society having strategic importance for each complete accounting year, after conducting check according to the procedure established by parts 1 - the 5th article 10 of this Federal Law, accepts authorized body taking into account the features provided by this Article.

2. Within three days from the date of the end of the check provided by part 1 of article 10 of this Federal Law, and receipt in authorized body of the conclusions specified regarding 3rd article 10 of this Federal Law, authorized body based on the acquired information:

1) makes the decision on preliminary approval of the transaction or approval of establishment of control with indication of effective period of such decision and sends the copy of this decision to the Commission within three working days from the date of its acceptance in the presence of the conclusions of federal executive body in the field of defense, federal executive body in the field of safety about lack of threat according to defense of the country, safety of the state as a result of transaction or as a result of establishment of control and about lack of need of consideration of the corresponding petition by the Commission, and also in the presence of the conclusions of the interested federal executive bodies about lack of need of consideration of the specified petition by the Commission;

2) sends to the Commission documents and information which are provided by part 6 of article 10 of this Federal Law, for consideration of the petition by the Commission according to article 11 of this Federal Law in the presence of the conclusion which arrived from federal executive body in the field of defense, or federal executive body in the field of safety, or interested federal executive body, on need of consideration of the corresponding petition by the Commission or lack of the conclusion any of the specified federal executive bodies directed according to request of authorized body in time, established by this Federal Law.";

6) regarding 1 Article 12:

a) add item 4 with words ", and (or) activities for the purpose of rendering utilities at the prices (rates) established in accordance with the legislation of the Russian Federation";

b) add with Items 10 - 15 following contents:

"10) continuation of implementation by the economic society having strategic importance, the type of activity having strategic importance for ensuring defense of the country and safety of the state;

11) transfer in time, established by the Commission, the rights to implementation of activities for water supply and water disposal and (or) the activities connected with use of causative agents of infectious diseases and which are subject to licensing in accordance with the legislation of the Russian Federation and (or) it is right concerning the property necessary for implementation of the specified types of activity, to the other person with observance of requirements of this Federal Law or in the state-owned or municipal property;

12) implementation of activities by the economic society having strategic importance on the objects providing life activity of the population (including on subjects to water supply and water disposal, sewage treatment, electric utility service, heat supply, gas supply and hydraulic engineering constructions), with observance of the requirements of safety of life and health of citizens established by the legislation of the Russian Federation, environmental protections, preventions of emergency situations of natural and technogenic nature;

13) continuation of realization by the economic society having strategic importance, performing hot water supply, cold water supply and (or) water disposal, the operating investing program approved by authorized body of the executive authority of the subject of the Russian Federation (or authorized body of local self-government if the law of the subject of the Russian Federation to it delegates powers according to such investing program) according to the procedure, No. 416-FZ established by the Federal Law of December 7, 2011 "About water supply and water disposal";

14) ensuring preserving by the economic society having strategic importance, production volumes and deliveries of products (works, services) at the level not below the transaction preceding date or establishment of control;

15) implementation of innovative technologies on the objects of industrial production located in the territory of the Russian Federation and also placement in the territory of the Russian Federation objects of industrial production of the details, nodes, component parts and materials used by the economic society having strategic importance for production and deliveries of products (works, services).".

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