FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 19, 2023 No. 616-FZ

About introduction of amendments to article 46.1 of the Federal law "About Bases of State Regulation of Foreign Trade Activity" and the Federal Law "About Modification of Separate Legal Acts of the Russian Federation"

Accepted by the State Duma on December 6, 2023

Approved by the Federation Council on December 13, 2023

Article 1

Bring in article 46.1 of the Federal Law of December 8, 2003 No. 164-FZ "About bases of state regulation of foreign trade activity" (The Russian Federation Code, 2003, No. 50, Art. 4850; 2018, No. 49, Art. 7524; 2020, No. 52, Art. 8592; 2022, No. 13, Art. 1960; No. 29, Art. 5320; No. 52, Art. 9349) following changes:

Part 24.2 to state 1) in the following edition:

"24.2. In case of execution in full or in any part of the state guarantee of the Russian Federation provided in ensuring obligation fulfillment of the Russian legal entity to which the Government of the Russian Federation according to part 1.1 of this Article assigns functions on implementation of insurance and warranty support of export and import or obligations of the "Russian Export Credits Insurance Agency and Investments" joint-stock company performing insurance support of import according to insurance contracts and agreements of reinsurance to the Russian Federation on behalf of the federal executive body performing functions on development of state policy and normative legal regulation in the field of budget, tax, insurance, currency and banking activity passes (within the amount paid on the specified state guarantee of the Russian Federation) right to claim, which the beneficiary on the state guarantee of the Russian Federation has to person responsible for loss occurrence for the corresponding insurance contract (the agreement of reinsurance) and causing losses. After satisfaction of the requirement about execution of the state guarantee of the Russian Federation the beneficiary on the state guarantee of the Russian Federation shall transfer to the Russian Federation on behalf of the federal executive body performing functions on development of state policy and normative legal regulation in the field of budget, tax, insurance, currency and banking activity, all documents and proofs necessary for implementation of the right to claim which passed to the Russian Federation to the reasonable time which is not exceeding sixty calendar days.";

2) parts 24.3 and 24.4 to recognize invalid.

Article 2

The Federal Law of March 8, 2022 No. 46-FZ "About modification of separate legal acts of the Russian Federation" (The Russian Federation Code, 2022, No. 11, the Art. 1596) to add with Article 21.5 of the following content:

"Article 21.5

1. Determine that "Russian Export Credits Insurance Agency and Investments" joint-stock company during the term determined by the Government of the Russian Federation having the right to perform activities for reinsurance concerning risks of non receipt of payment from the face to which the monetary commitment in connection with the contracts providing delay (payment by installments) of payment for the delivered goods the rendered services, the performed works, the transferred rights to results of intellectual activities in the territory of the Russian Federation, taking into account the features established by this Article is assigned.

2. The "Russian Export Credits Insurance Agency and Investments" joint-stock company performs the activities specified regarding 1 this Article according to procedure of activities for reinsurance concerning risks of non receipt of payment from the face to which the monetary commitment in connection with the contracts providing delay (payment by installments) of payment for the delivered goods the rendered services, the performed works, the transferred rights to results of intellectual activities in the territory of the Russian Federation, the determined Government of the Russian Federation, and general provisions of the civil legislation is assigned.

3. Procedure of activities for reinsurance concerning risks of non receipt of payment from the face to which the monetary commitment in connection with the contracts providing delay (payment by installments) of payment for the delivered goods is assigned the rendered services, the performed works, the transferred rights to results of intellectual activities in the territory of the Russian Federation, provided by part 2 of this Article, in particular, are determined requirements to the agreement of reinsurance, including requirements to reinsurance agreement parties, objects of reinsurance, premiums by reinsurance, rates for reinsurance, the reassured risks, insured events to the agreement of reinsurance, procedure for the conclusion and agreement performance of reinsurance, and also cases of release from payment of insurance indemnity for the agreement of reinsurance.

4. Determine that action of provisions of the legislation of the Russian Federation on the organization of insurance case from the face to which the monetary commitment in connection with the contracts providing delay (payment by installments) of payment for the delivered goods the rendered services, the performed works, the transferred rights to results of intellectual activities in the territory of the Russian Federation is assigned does not extend to the activities for reinsurance performed by "Russian Export Credits Insurance Agency and Investments" joint-stock company concerning risks of non receipt of payment. The "Russian Export Credits Insurance Agency and Investments" joint-stock company performs such activities without receipt of permission (license). Operation of the Law of the Russian Federation of November 27, 1992 No. 4015-I "About the organization of insurance case in the Russian Federation", except for requirements about transfer of the national reinsurance company by the reinsurer (insurer) to reinsurance of the corresponding obligations, stipulated in Item 1 article 13.3 of the specified Law of the Russian Federation, does not extend to the relations on reinsurance concerning risks of non receipt of payment from the face to which the monetary commitment in connection with the contracts providing delay (payment by installments) of payment for the delivered goods, the rendered services, the performed works, the transferred rights to results of intellectual activities in the territory of the Russian Federation, performed by "Russian Export Credits Insurance Agency and Investments" joint-stock company according to this Article is assigned.".

Article 3

1. This Federal Law becomes effective from the date of its official publication.

2. Action of provisions of part 24.2 of article 46.1 of the Federal Law of December 8, 2003 No. 164-FZ "About bases of state regulation of foreign trade activity" (in edition of this Federal Law) concerning the state guarantee of the Russian Federation provided in 2022 in ensuring obligation fulfillment of the "Russian Export Credits Insurance Agency and Investments" joint-stock company performing insurance support of import according to insurance contracts and agreements of reinsurance extends to the legal relationship which arose since September 22, 2022.

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