FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 29, 2022 No. 577-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" and separate legal acts of the Russian Federation

Accepted by the State Duma on December 21, 2022

Approved by the Federation Council on December 23, 2022

Article 1

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. 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; 2021, No. 11, Art. 1705; No. 27, Art. 5167, 5180; 2022, No. 8, Art. 1034; No. 16, Art. 2594; No. 27, Art. 4631; No. 41, Art. 6951) following changes:

1) in Article 2:

a) add with part 1.1 following of content:

"1.1. Provisions of this Federal Law to the economic societies having strategic importance for ensuring defense of the country and safety of the state are applied also to economic societies which file petition for receipt of the license necessary for implementation at least of one of the types of activity having strategic importance for the ensuring defense of the country and safety of the state specified in article 6 of this Federal Law if such types of activity are subject to obligatory licensing (further - the license), or with the statement for receipt of the certificate on accreditation necessary for implementation at least of one of the types of activity having strategic importance for the ensuring defense of the country and safety of the state specified in article 6 of this Federal Law if their implementation requires receipt of the specified certificate on accreditation (further - the certificate on accreditation), or with the statement for receipt of the document confirming compliance of the legal entities performing activities for ensuring aviation safety, requirements of federal aviation rules if implementation of such activities requires receipt of the specified document (further - the document on compliance), or with the statement for modification of the register of licenses, or with the statement for renewal of the certificate on accreditation or the document on compliance in case of reorganization of the legal entity in the form of transformation or in the form of merge of legal entities or in the form of joining of the legal entity to other legal entity.";

b) in part 9 of the word "or under control of the citizen of the Russian Federation who is in accordance with the legislation of the Russian Federation about taxes and fees the tax resident" shall be replaced with words "or under control of the citizen (cumulative control including the citizens who are not entering one group of persons) the Russian Federation who is (being) in accordance with the legislation of the Russian Federation about taxes and fees the tax resident (tax residents)" after the words "having also other nationality)" to add with words ", on condition of submission by this organization to authorized body of information on the beneficiaries, beneficial owners and the controlling persons according to the rules approved by the Government of the Russian Federation", words "or control of the citizen of the Russian Federation being in accordance with the legislation of the Russian Federation about taxes and fees the tax resident "shall be replaced with words" or control of the citizen (cumulative control including the citizens who are not entering one group of persons) the Russian Federation who is (being) in accordance with the legislation of the Russian Federation about taxes and fees the tax resident (tax residents)";

2) regarding 2.1 Articles 5 the first offer to state in the following edition: "The economic society having strategic importance is considered being under control of foreign investors if the right to dispose directly or indirectly (including based on the property trust management agreement, agreement of particular partnership, agreement of the order or as a result of other transactions or on other bases) more than fifty percent or under the condition provided by part 2 of this Article, less than fifty percent of total quantity of the voices falling on voting shares (shares) constituting the authorized capital of such economic society (including taking into account the right which is temporarily transferred to the other person (other persons) to dispose of the voices falling on voting shares (shares) constituting the authorized capital of such society based on the property trust management agreement, agreements of pledge, the repurchase agreement, security payment, others agreements or transactions), belongs in total to the foreign investors who are not entering one group of persons (except for the international financial institutions specified regarding 3rd article 2 of this Federal Law, and which are under their control of the organizations).";

3) in Item 36 of Article 6 of the word", included in the register of subjects of natural monopolies," to exclude;

4) in Article 7:

a) in Item 3 of part 1 of the word "directed to acquisition of right by the foreign investor or group of persons of the right directly or indirectly to dispose of shares (shares) constituting the authorized capital" shall be replaced with words "provided by this Article and made by the foreign investor or group of persons in the relation";

b) state part 5 in the following edition:

"5. The foreign investor or group of persons shall submit the petition for the approval of establishment of control over the economic society having strategic importance, according to the procedure provided by this Federal Law, in time, not exceeding three months from the date of establishment of control over such economic society if:

1) establishment of control of the foreign investor or group of persons over such economic society is performed:

a) as a result of change of ratio of the voices falling on voting shares (shares) constituting the authorized capital of such economic society on general meeting of its shareholders (participants) owing to acquisition by such economic society, transition to it or the redemption it own shares (the share constituting its authorized capital), distribution of the shares belonging to such economic society among his participants, converting of preferred shares in ordinary shares;

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