Foreign Investors in Russia Are Subject to Preliminary Control
OREANDA-NEWS. April 05, 2010. The Law and established enforcement practice for control over foreign investments do not give grounds to maintain that transactions, as a result of which foreign investors do not obtain the rights regarding strategic business entities, are subject to preliminary control.
The issue was discussed at a working meeting between Deputy Head of the Federal Antimonopoly Service (FAS
For instance, sometimes it is possible to question legitimacy of preliminary control over transactions, where the end beneficiary within a group of persons is a Russian citizen. In some transactions considered by the Government Commission, the end beneficiaries were indeed Russian citizens; however, an immediate assignee was a foreign company.
The decisions of the Government Commission and FAS
"In general the Law enforcement practice has already been shaped. The Government Commission meets on a regular basis. FAS
"At the same time you can frequently hear about insurmountable bureaucratic barriers related to enforcement of the Law on foreign investments. Our practice does not corroborate such statements, but they show controversial perception of some provisions of the law by participants of civil transactions", added Mr. Tsyganov. "The Chairman and members of the Government Commission are aware of the problem. In accordance with the Instructions from the Government Commission, we have already devised a draft Law on introducing amendments to the Federal law "On Foreign Investments…" and launched public debates. In particular, the draft Law is designed to clarify the provisions about a "group of persons" in the Law".
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