The federal law introduces changes to Federal Law
Notion of “blocked person”
According to Law- foreign states, organisations, nationals and stateless persons in whose respect the President of the Russian Federation has made a decision — based on the suggestions of Russia’s Security Council — to apply special economic measures; and
- legal entities controlled by foreign organisations, nationals and stateless persons
“Control” criterion
The “control” criterion stipulated by LawBlocking (freezing) of assets
The list of potential special economic measures set out in the Sanctions Law was expanded to include the following measures:- freezing (blocking) assets belonging to the Blocked Persons; and
- a ban on (restriction of) financial transactions with the assets of the Blocked Persons and those in the interests or in favour of the Blocked Persons.
2) prohibiting financial transactions or establishing restrictions on the implementation thereof;
3) prohibiting foreign trade transactions or establishing restrictions on the implementation thereof;
4) terminating or suspending international trade agreements and other international treaties of the Russian Federation in the field of foreign economic ties;
5) changing export and/or import duties;
6) prohibiting or restricting the entry of vessels in Russian ports and the use of Russian air space and its separate areas;
7) establishing restrictions on tourist activities;
8) prohibiting or withdrawing from international scientific and science and technology programmes and projects of a foreign state.”
Freezing (blocking) means a ban on carrying out transactions with money, securities and other property belonging to the Blocked Person, and financial transactions conducted in the interests or in favour of the Blocked Person.
These measures should be implemented by organisations that carry out the relevant transactions with money and other property in accordance with the law of the Russian Federation (“Authorised Operators”). Such organisations include, among others, lending institutions, professional securities traders, insurance companies, non-government pension funds, etcA full list of Authorised Operators is given on page 17 of Law
Exceptions
Law- receive money in their Russian accounts and interest on their deposits;
- receive and spend pensions, stipends, benefits and social welfare payments;
- pay taxes, levies, social insurance contributions, penalties, fines and interest payable to the budgets of the Russian budgetary system;
- receive salary, and spend it, up to RUB10,000 per month per each family member (parents, spouses and children) as well as pay for healthcare services to the same amount; and
- pay salary to employees to an amount not in excess of the subsistence wage, severance pay and other payments to make up for the harm inflicted.
Reporting
Authorised Operators accountable to the Central Bank of Russia (“Central Bank”) must report to the Central Bank on the implementation of special economic measures against Blocked Persons. The Central Bank, in turn, has oversight of the implementation of special economic measures and gives clarifications on their implementation.For other Authorised Operators, the Supervisory Authority will be the federal executive bodies to be designated by the Government of the Russian Federation.
Liability of authorised operators
An important provision of LawOn the contrary, multiple failures during the year to implement special economic measures in relation to the Blocked Persons or breach of other acts released under the Sanctions Law can result in the revocation or cancellation of the Authorised Operator’s licence.
Effective date and practical significance
LawHowever, we note that the current version of the Sanctions Law contains a provision allowing the President of the Russian Federation to take a decision on the adoption of special economic measures in relation to particular persons.
Certain restrictions in relation to the assets of certain foreign persons were introduced by Order of the President of the Russian Federation
On a separate note, we point out that the measures stipulated by Presidential Decree No. 302 of 25 April 2023 (as amended on 16 July 2023) “On the Temporary Administration of Certain Property” are of a slightly different nature, according to the Federal Agency for Government Property Management. We mentioned this earlier in our previous legal update.