OREANDA-NEWS. October 20, 2010. Governed by Articles 28 and 33 of No.135-FZ Federal Law “On Protection of Competition” of 26th July 2006, the Federal Antimonopoly Service (FAS Russia) considered a petition (Registration No.45614 of 24th September 2010) of OMIRICO LIMITED (location: Arch Makariou III, 199 NEOCLEOUS HOUSE, P/C. 3030, Limassol, Cyprus; main activities – investment activities) about preliminary permission of the antimonopoly authority for acquiring the rights that allow to determine conditions of entrepreneurial activities of “Novorossiysk Commercial Seaport” OJSC (location: 14, Portovaya St., Novorossiysk, 353901; main activities – handling and storing goods) (“NMTP” OJSC). FAS Russia would like to state the following, reported the press-centre of FAS Russia:

“NMTP” OJSC is included in the Register of natural transport monopolies for the services of ports and (or) sea terminals (No. 16/1 decision of the Board the Russian Ministry for Antimonopoly Policy of 28th April 1998), and exercises activities specified in Part 36 Article 6 of No.57-FZ Federal Law “On Procedures for Strategic Investments in Business Entities of Strategic Importance for National Defence and State Security” of 29th April 2008, and in accordance with Clause 2 Part 1 Article 3 of No.57-FZ Federal Law is an economic entity of strategic importance for national defence and state security.

Taking into account that the transaction is subject to mandatory approval by the Government Commission of the Russian Federation on Control over Foreign Investments, and under Part 3.1 Clause 2 Article 33 of No.135-FZ Federal Law “On Protection of Competition” of 26th July 2006, FAS Russia extended the period for petition consideration until the Commission’s decision.

At the same time, in order to make a decision on the petition of OMIRICO LIMITED about preliminary permission of the antimonopoly authority for acquiring the rights that allow to determine conditions of entrepreneurial activities of “NMTP” OJSC, and under Articles 25, 28 and 32 of the Federal Law “On Protection of Competition”, by 29th October 2010 the company must submit a duly certified draft contract for selling 100 % of the shares of “Novoport Holding” Ltd., specifying in Clause 2.2 of the draft contract for selling 100 % shares of “Novoport Holding” Ltd. (location: Mill Mall, Suite 6, Wickhams Cay 1, P.O. Box 3085, Road Town, Tortola, British Virgin Islands; main activities – investment activities) the overall price of acquisition value of the shares, payable by OMIRICO LIMITED to “Kadina Limited” (location: Mill Mall, Suite 6, Wickhams Cay 1, P.O. Box 3085, Road Town, Tortola, British Virgin Islands; main activities – investment activities).

Failure to submit information (data) to the antimonopoly authority or submitting knowingly incorrect information is liable under Part 5 Article 19.8 of the Code of the Russian Federation on Administrative Violations.