Taking into account unfriendly actions of the United States of America contrary to international law and 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, No. 390-FZ of December 28, 2010 on Security and No. 127-FZ of June 4, 2018 on Measures of Influence (Counteraction) Against Unfriendly Actions of the United States of America and Other Foreign Countries, I hereby resolve the following:
1. The Government of the Russian Federation shall take measures aimed at establishing a special procedure for compensation of damage caused to the Russian Federation and (or) the Central Bank of the Russian Federation (hereinafter also referred to as the Russian copyright holders) in connection with decisions of state and (or) judicial authorities of the United States of America (hereinafter referred to as the damage) applicable in the event of unjustified deprivation of Russian rights holders of rights to property, taking into account the following.
2. The Russian copyright holder shall be entitled to apply to court in accordance with the rules of jurisdiction established by the procedural legislation of the Russian Federation, with a claim for establishing the fact of unjustified deprivation of his rights to property in connection with a decision of a state or judicial body of the United States of America and for compensation for damage. The claim shall also contain an assessment of the damage.
3. If the claim provided for in Item 2 of this Decree is accepted for consideration and if there is information allowing to make a reasonable assumption that there are no sufficient grounds for depriving the Russian copyright holder of rights to property in connection with a decision of a government or judicial body of the United States of America, the court shall send to the Governmental Commission for the control over foreign investments in the Russian Federation (hereinafter referred to as the Commission) a request for a list of 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, place their registration, the place of primary conduct of their economic activities or the place of prior profit from their activities is this state), and persons that are under the control of such foreign persons, regardless of the place of their registration (hereinafter referred to as persons associated with the United States of America), which may be used for compensation purposes.
4. In order to draw up a response to requests provided for in Item 3 of this Decree, the Commission must provide for the revealing of property that, taking into account the principle of proportionality, can be used to compensate for damage. The list of such property shall be submitted by the Commission to the court. The property may include the following items:
a) movable and immovable property owned by the United States of America or by persons associated with the United States of America and located on the territory of the Russian Federation;
b) securities owned by the United States of America or persons associated with the United States of America, as well as stakes in the authorised (share) capital of Russian legal entities;
c) property rights owned by the United States of America or persons associated with the United States of America.
5. Based on the results of consideration of the claim provided for in Item 2 of this Decree, the court shall make a decision on the fact of unjustified deprivation of the Russian copyright holder of rights to property and compensation for damage, or a decision to refuse the claim.
6. A decision on establishing the fact of unjustified deprivation of the Russian copyright holder of rights to property and on compensation for damages shall envisage termination of rights to the property of the United States of America or a person associated with the United States of America included into the list provided for in Item 4 of this Decree, and the subsequent transfer of such rights to the Russian copyright holder for the purpose of compensation for damage.
7. The procedure for considering requests provided for in Item 3 of this Decree and determining the list provided for in Item 4 of this Decree shall be established by the Government of the Russian Federation.
8. The Government of the Russian Federation may assign a federal executive authority entitled to apply to court with applications provided for in Item 2 of this Decree, except for cases of damage caused to the Central Bank of the Russian Federation.
9. The Government of the Russian Federation shall, within a four month period, ensure amendments to the legislation of the Russian Federation aimed at implementing this Decree.
10.This Decree comes into force on the date of its official publication.
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