On a special procedure for compensation for damage caused to the Russian Federation and the Central Bank of the Russian Federation in connection with the unfriendly actions of the United States of America.”

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In connection with the unfriendly and contrary to international law actions of the United States of America aimed at causing damage to the Russian Federation and the Central Bank of the Russian Federation in order to protect the national interests of the Russian Federation and in accordance with Federal Laws No. 281-FZ of December 30, 2006 “On Special Economic Measures and Coercive Measures”, dated December 28 2010 No. 390-FZ “On Safety” and dated June 4, 2018. No. 127-FZ “On measures to influence (counteract) the unfriendly actions of the United States of America and other foreign States” I decree:

The Government of the Russian Federation shall take measures aimed at establishing a special procedure for compensation for damage caused to the Russian Federation and (or) the Central Bank of the Russian Federation (hereinafter also referred to as the Russian rights holder) in connection with decisions of state and (or) judicial authorities of the United States of America (hereinafter referred to as damage), which is applied in case of unjustified deprivation of Russian rights holders of their property rights, taking into account the following.
The Russian rights holder has the right to apply to the court in accordance with the rules of jurisdiction established by the procedural legislation of the Russian Federation with an application to establish the fact of unjustified deprivation of his rights to property in connection with a decision of a state or judicial authority of the United States of America and for compensation for damage. The statement also contains an assessment of the damage.
In case of acceptance of the application provided for in paragraph 2 of this Decree for consideration and if there is information allowing to make a reasonable assumption that there are no sufficient grounds for depriving the Russian rights holder of property rights in connection with a decision of a state or judicial authority of the United States of America, the court sends to the Government Commission for the Control of Foreign Investments in the Russian Federation (next – The Commission) a request for the submission of a list of the property of the United States of America and (or) foreign persons associated with the United States of America (including if such foreign persons are citizens or residents of this State, the place of their registration, the place of their primary economic activity or the place of their primary profit from activities is this State), and persons who are under the control of these foreign persons, regardless of their place of registration (hereinafter – persons of the United States of America), which can be used to compensate for damage.

In order to prepare a response to the request provided for in paragraph 3 of this Decree, the Commission will organize the identification of property that, taking into account the principle of proportionality, can be used to compensate for damage. The list of such property is submitted by the Commission to the court. Such property includes:

a) movable and immovable property of the United States of America or persons of the United States of America located on the territory of the Russian Federation;

b) securities owned by the United States of America or persons of the United States of America, shares in the authorized (share) capitals of Russian legal entities;

c) property rights belonging to the United States of America or persons of the United States of America.
Based on the results of consideration of the application provided for in paragraph 2 of this Decree, the court decides to establish the fact of unjustified deprivation of the Russian rights holder of property rights and compensation for damage, or a decision to refuse to satisfy this application.
The decision to establish the fact of unjustified deprivation of the Russian rights holders’ rights to property and compensation for damage provides for the termination of rights to the property of the United States of America or a person of the United States of America included in the list provided for in paragraph 4 of this Decree and the subsequent transfer of these rights to the Russian rights holder in order to compensate for damage.
The procedure for considering the request provided for in paragraph 3 of this Decree and determining the list provided for in paragraph 4 of this Decree shall be established by the Government of the Russian Federation.
The Government of the Russian Federation may designate a federal executive authority authorized to apply to the court with an application provided for in paragraph 2 of this Decree, except in cases of damage to the Central Bank of the Russian Federation.
The Government of the Russian Federation shall, within a 4-month period, ensure that amendments are made to the legislation of the Russian Federation aimed at implementing this Decree.
This Decree shall enter into force from the date of its official publication.