Foreign investors-foreign legal persons who have determined their capacity for civil rights according to the laws of the host country and have the right to invest in the Russian Federation according to the laws of that country; Foreign unincorporated organizations that determine their capacity for civil rights according to the laws of the host country and have the right to invest in the Russian Federation according to the laws of that country; Foreign citizens whose civil capacity and capacity for conduct are determined according to the laws of the country where their nationality is located, and who have the right to invest in the Russian Federation according to the laws of that country; Stateless persons living outside the Russian Federation for a long time shall have their capacity for civil rights and capacity for conduct determined according to the laws of the country where their permanent residence is located, and shall have the right to invest in the Russian Federation according to the laws of that country; International organizations that have the right to invest in the Russian Federation according to international agreements of the Russian Federation.
Foreign investment-foreign capital invests in the commercial activities of the Russian Federation in the form of civil rights objects owned by foreign investors, if these civil rights objects are not prohibited or restricted from circulating in the Russian Federation according to federal laws, including currency, securities (foreign currency and Russian currency), other property, property rights, intellectual property rights, services and information.
Foreign direct investment-foreign investors obtain more than 65,438+00% shares (investment) in the registered capital (joint venture capital) of commercial organizations established or re-established in the form of companies in the Russian Federation according to the civil law of the Russian Federation; Investment in fixed assets of branches of foreign legal persons established in the Russian Federation; Foreign investors, as lessors of financial leasing (long-term leasing) in the Russian Federation, lease equipment listed in the CIS Customs Import and Export Tariff 16 and 17, and the customs valuation is not less than 1 10,000 rubles.
16 1. Legal system of foreign investors
(1) Except for some exceptions stipulated by the federal law, the activities of foreign investors and their legal systems for using investment profits cannot provide less preferential treatment than those of Russian investors and their legal systems for using investment profits.
(2) Federal laws can provide some restrictive exceptions for foreign investors. Restrictions can only be necessary to safeguard the principles and ethics of the Constitution, protect the health, rights and legitimate interests of others, and ensure national defense and security.
According to the interests of the social and economic development of the Russian Federation, encouraging exceptions can be made to foreign investors in the form of preferential treatment. The legislation of the Russian Federation stipulates the types and ways of offering preferences.
(3) A branch established by a foreign legal person in the Russian Federation may perform some or all of its functions, including performing the functions of a representative office in the name of the foreign legal person that established the branch (hereinafter referred to as the parent company), provided that the purpose of the parent company's establishment and its activities are of a commercial nature; The parent company shall bear the property liability directly according to its accepted obligation to carry out the above activities in the Russian Federation.
(4) When a foreign investor reinvests in a foreign-invested commercial institution established within the territory of the Russian Federation (the share of foreign capital in the legal or joint venture capital of the institution is not less than 65,438+00%), he shall fully enjoy the legal protection, guarantee and preferential treatment stipulated by this federal law.
(5) Russian operating companies have obtained the status of foreign-invested operating companies since the date when foreign investors joined. From that day on, foreign-invested operating companies and their foreign investors will enjoy the legal protection, guarantee and preferential treatment stipulated by this federal law.
(6) The operating company will lose its status as a foreign-invested operating company from the date when foreign investors quit (if several foreign investors participate, all foreign investors will quit). From this date, the above-mentioned operating companies and foreign investors will lose the legal protection, guarantee and preferential treatment stipulated by this federal law.
162. Protecting the activities of foreign investors in the Russian Federation
(1) The rights and interests of foreign investors in the Russian Federation should be fully and unconditionally protected. This federal law, other federal laws and regulations of the Russian Federation and international treaties signed by the Russian Federation guarantee this protection.
(2) Foreign investors have the right to claim compensation for the losses caused to foreign investors by illegal acts (omissions) of state organs, local self-government organs or their staff according to the civil legislation of the Russian Federation.
(3) Foreign investors have the right to invest in the territory of the Russian Federation in any way that is not prohibited by the laws of the Russian Federation, and the legal (joint venture) capital investment of foreign-invested operating companies should be valued according to the laws of the Russian Federation.
Investment valuation shall be conducted in the currency of the Russian Federation.
Transactions conducted by foreign governments, international organizations or organizations under their supervision, as well as transactions in which the above-mentioned companies directly or indirectly own more than 25% of the fixed assets of Russian operating companies, or other resolutions that may block the management bodies of such operating companies, must comply with Articles 9 to 12 of the Procedural Law of Foreign Investment Operating Companies with Strategic Significance for Safeguarding National Defense and National Security in the Russian Federation (hereinafter referred to as the Procedural Law on Foreign Investment).
163. protecting foreign investors from transferring their rights and obligations to others
(1) Foreign investors have the right to assign their rights (assignment of creditor's rights) and obligations (assignment responsibility) according to the contract. According to laws or court decisions, foreign investors are obliged to transfer their rights (transfer claims) and obligations (transfer of responsibilities) to others according to the civil legislation of the Russian Federation.
(2) If a foreign country or its fully mature state institution contributes to the interests of foreign investors, guarantees the investment in the Russian Federation (according to the insurance contract), and the rights of foreign investors who invest in this country are transferred (the creditor's rights are transferred) to this country or its fully mature state institution, then the right transfer (the creditor's rights transfer) is legal in the Russian Federation.
164. compensation guarantee for foreign investors and foreign-invested operating companies when their property is nationalized and requisitioned.
(1) Except for special circumstances and reasons stipulated by federal laws or international treaties signed by the Russian Federation, the property of foreign investors or foreign-invested operating companies shall not be forcibly confiscated, including nationalization and expropriation.
(2) In case of expropriation, the price of the expropriated property shall be paid to foreign investors or foreign-invested operating companies. When the circumstances leading to expropriation are terminated, foreign investors or foreign-invested operating companies have the right to claim back the retained property through judicial procedures. But in this case, they should return the compensation they have received, and at the same time take into account the losses caused by the decrease in property value.
In the case of nationalization, the value of nationalized property and other losses should be compensated to foreign investors or operating companies with foreign investment. Disputes over compensation for losses shall be settled according to the procedures specified in Article 10 of this Federal Law.
165. protect foreign investors and operating companies with foreign investment from the adverse effects of legal changes in the Russian Federation.
(1) On the day when funds are allocated to foreign-invested projects with priority development, such as the promulgation of new laws and regulations in the Russian Federation, or the revision and supplement of existing laws and regulations in the Russian Federation, the adjustment of the scope of import tariffs, federal taxes (except consumption tax and value-added tax on goods produced in the Russian Federation) and expenses paid to state extra-budgetary funds (except expenses paid to retirement funds in the Russian Federation), Increase the total tax burden of foreign investors and operating companies with foreign investment in implementing priority investment projects, or increase bans and restrictions on foreign investment in the Russian Federation, Then these new laws and regulations of the Russian Federation and the amendments and supplements to the existing laws and regulations of the Russian Federation will not apply to foreign investors and foreign-invested operating companies that implement foreign-invested projects with priority development within the time limit stipulated in the second paragraph of Article 9 of the Foreign Investment Law of the Russian Federation (hereinafter referred to as the Foreign Investment Law), provided that the goods transported into the customs territory of the Russian Federation by the above-mentioned foreign investors and foreign-invested operating companies are exclusively used for the implementation of priority investment projects.
Item 1 in the second paragraph of Article 9 is applicable to foreign-funded operating companies whose share of foreign capital in the legal (joint venture) capital exceeds 25% and foreign-funded operating companies that implement priority investment projects, regardless of the legal (joint venture) capital share of foreign capital in commercial institutions.
(2) The provisions of Article 9 1 on ensuring the investment conditions and institutional stability of foreign investors are applicable to the payback period of investment projects, but it shall not exceed 7 years from the date when foreign investors allocate funds to the projects. The classification of payback period of investment projects according to project types should be carried out according to the procedures stipulated by the Russian Federation government.
(3) Under the special circumstances that the priority investment projects implemented by foreign investors and foreign-invested commercial organizations involve the production field, transportation facilities construction or other infrastructure construction, and the total foreign capital is not less than 654.38 billion rubles (not less than the equivalent foreign currency amount converted by the Central Bank of the Russian Federation at the exchange rate on the day when this Federal Law takes effect), and the investment payback period is more than 7 years, the government of the Russian Federation shall decide to extend the provisions of Article 1 to the above-mentioned foreign investors and enterprises.
(4) The provisions of Article 9, paragraph 1, do not apply to new laws and regulations amended, supplemented or implemented by the Russian Federation to safeguard constitutional principles and ethics, protect the health, rights and legitimate interests of others, and ensure national defense and security.
(5) The government of the Russian Federation should determine the evaluation criteria for adverse changes to foreign investors and foreign-funded operating companies in terms of import tariffs, federal taxes and fees paid to state extra-budgetary funds, and prohibition and restriction of foreign investment in the Russian Federation; Confirm the registration procedure of priority investment projects of the federal power executive agencies as stipulated in Article 24 of the Foreign Investment Law; To supervise the performance of due obligations by foreign investors and foreign-invested operating companies in the implementation of priority investment projects in accordance with the provisions of paragraphs 2 and 3 of Article 9.
If foreign investors and foreign-invested operating companies fail to fulfill the obligations stipulated in the first half of this paragraph, the preferential treatment stipulated in this article shall be cancelled. The unpaid amount due to the above preferential treatment shall be recovered in accordance with the procedures prescribed by the laws of the Russian Federation.
166. ensure the use of income, profits and other legitimate income in Russia and the remittance outside Russia.
After paying taxes according to the laws of the Russian Federation, foreign investors have the right to freely use their income and profits in the Russian Federation for reinvestment or for other purposes that do not violate the laws of the Russian Federation, and have the right to remit their investment income, profits and other legally obtained foreign exchange funds outside the Russian Federation without any restrictions, including:
Profits, dividends, interest and other income from investment;
Funds obtained by foreign-invested operating companies or foreign legal persons with branches in the Russian Federation when performing contracts and other trading obligations;
Money obtained by foreign investors due to the cancellation of branches established by foreign-invested operating companies or foreign legal persons or the transfer of investment property, property rights and intellectual property rights;
Compensation stipulated in Article 8 of the Foreign Investment Law.
167. Foreign investors have the right to take equipment and information in the form of documents or electronic carriers out of the Russian Federation without obstacles.
Foreign investors who bring information in the form of documents or electronic carrier records into the Russian Federation have the right to take the above-mentioned equipment and information out of the Russian Federation without obstacles (there are no quotas, licenses and other non-tax rate adjustment measures for foreign trade activities).
168. Guarantee the right of foreign investors to buy securities.
Foreign investors have the right to buy stocks and other securities of Russian operating companies and state securities in accordance with the securities law of the Russian Federation.
169. Guarantee the right of foreign investors to participate in privatization.
Foreign investors have the right to participate in the privatization of state-owned and local property by obtaining the ownership of state-owned and local property or obtaining a certain share (investment) of the legal (joint venture) capital of privatized enterprises in accordance with the conditions and procedures stipulated by the laws on the privatization of state-owned and local property in the Russian Federation.
170. The right of foreign investors to acquire land, other natural resources, buildings, facilities and other immovable property is guaranteed.
Foreign investors shall have the right to acquire land, other natural resources, buildings, facilities and other immovable property in accordance with the laws of the Russian Federation and its entities.
If there are no other provisions in the laws of the Russian Federation, foreign-invested operating companies can obtain land lease rights through bidding (auction and bidding).
17 1. Foreign investors and foreign-invested commercial institutions enjoy preferential customs taxes and fees.
When implementing priority investment projects, foreign investors and foreign-invested operating companies shall provide preferential customs taxes and fees in accordance with the Customs Law of the Russian Federation (hereinafter referred to as the Customs Law) and the Tax Law of the Russian Federation (hereinafter referred to as the Tax Law).
172. Preferences and guarantees granted to foreign investors by entities and local organs of self-government of the Russian Federation
Entities and local organs of self-government of the Russian Federation may give preferential treatment and protection to foreign investors within their respective jurisdictions, and allocate funds and give other forms of support to investment projects implemented by foreign investors using the main budget funds, local budget funds and extra-budgetary funds of the Russian Federation.
173. Foreign investors must abide by the laws of the Russian Federation.
Foreign investors must abide by the anti-monopoly law of the Russian Federation, and must not engage in malicious competition and restrictive business activities, including setting up foreign-invested commercial institutions or branches of foreign legal persons in the Russian Federation for the purpose of producing a sought-after commodity, and then putting similar foreign-produced commodities into the market, or even maliciously agreeing to use relevant prices, dividing the commodity sales market or participating in bidding (auction, bidding).
174. Property insurance implemented by the parent company of foreign-invested commercial institutions and branches of foreign legal persons.
If there are no other provisions in the laws of the Russian Federation, foreign-invested operating companies shall handle property insurance related to property loss (loss), shortage or damage risk, civil liability risk and enterprise operation risk, and the above-mentioned property insurance for branches of foreign legal persons shall be handled by their parent companies.
175. establishment and cancellation of foreign-invested commercial institutions
(1) The establishment and cancellation of foreign-invested operating companies shall be carried out in accordance with the conditions and procedures stipulated in the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code) and other federal laws, except those stipulated by the federal laws in accordance with Article 4, paragraph 2, of the Foreign Investment Law.
(2) As a legal person, a foreign-invested operating company shall, within one month after submitting the following documents to the relevant departments, go through the national registration with the judicial organs:
Articles of association and establishment contract of the foreign-invested operating company (under the circumstances stipulated by the civil legislation of the Russian Federation);
Extracts from the enterprise directory of the country where the foreign investor is located, or other documents that can confirm the legal status of the foreign investor;
A certificate of payment ability issued by a bank serving foreign investors;
Documents for paying the registration tax;
In order to safeguard the constitutional system and morality, protect the health, rights and legitimate interests of others, and ensure national defense and safety, foreign-funded operating companies may be refused registration;
Foreign investors can complain about their failure to register in this country according to legal procedures.
176. establishment and cancellation of branches of foreign legal persons
The purpose of establishing a branch by a foreign legal person is to carry out the business activities of its parent company outside the Russian Federation within the territory of the Russian Federation, and the revocation shall be based on the decision that the parent company is a foreign legal person.
The establishment, business activities and cancellation of branches of foreign legal persons shall be supervised by the state according to the procedures determined by the government of the Russian Federation and through the registration method.
The federal administrative organ stipulated in Article 24 of the Foreign Investment Law implements the registration of branches of foreign legal persons.
In order to safeguard the constitutional system and morality, protect the health, rights and legitimate interests of others, and ensure national defense and security, the registration of a branch of a foreign legal person may be refused.
177. Articles of Association Requirements for Branches of Foreign Legal Persons
(1) The parent company shall submit the articles of association of the branch of a foreign legal person and other documents to the federal administrative organ specified in Article 24 of this Federal Law. The list of documents referred to in paragraphs 2 and 3 of this article and the requirements for document contents shall be approved by the government of the Russian Federation.
(2) In the articles of association of a branch of a foreign legal person, the name of the branch and its parent company, the legal organization form of the parent company, the location of the branch in the Russian Federation, the legal address of the parent company, the purpose of establishing the branch and its business projects, the composition, amount and duration of the investment in fixed assets of the branch, and the management procedures of the branch. The articles of association of a foreign legal person branch may contain other information that reflects the characteristics of the branch's business activities in the Russian Federation and does not conflict with the laws of the Russian Federation.
(3) The valuation of fixed assets investment of foreign legal person branches shall be carried out by the parent company according to the domestic price or the international market price. The investment amount shall be denominated in the currency of the Russian Federation. The assessment amount of fixed assets investment of a foreign legal person branch shall be indicated in the articles of association of the foreign legal person branch.
(4) branches of foreign legal persons have the right to engage in commercial activities in the Russian Federation from the date of registration.
Branches of foreign legal persons shall stop their business activities in the Russian Federation as of the date of cancellation of registration.
178.42 various business activities of strategic significance for safeguarding national defense and national security.
This federal law stipulates the following 42 kinds of business activities that are of strategic significance for safeguarding national defense and national security:
(1) Implement projects that can positively affect hydrometeorological functions and phenomena;
(2) Implementing projects that can positively affect geophysical effects and phenomena;
(3) Business activities related to the use of infectious disease pathogens;
(4) the layout, infrastructure, use and decommissioning of nuclear devices, radioactive sources, storage points for nuclear materials and radioactive substances, and radioactive waste warehouses;
(5) Disposal of nuclear materials and radioactive substances, including uranium exploration and mining, and disposal in the process of production, use, processing, transportation and storage of nuclear materials and radioactive substances;
(6) Disposal of radioactive waste during storage, processing, transportation and burial;
(7) using nuclear materials and/or radioactive substances in the process of scientific research and experimental design;
(eight) the design of nuclear devices, radioactive sources, storage points for nuclear materials and radioactive substances, and radioactive waste warehouses;
(9) Design and manufacturing equipment for nuclear devices, radioactive sources, storage points for nuclear materials and radioactive substances, and radioactive waste warehouses;
(10) To ensure the nuclear safety and radiation safety of nuclear devices, radioactive sources, storage points of nuclear materials and radioactive substances, and radioactive waste warehouses, as well as the business activities of dealing with nuclear materials, radioactive substances and radioactive waste, identify the design, process drawings and demonstration documents;
(1 1) Develop and produce password (password-writing) equipment, information systems and telecommunication systems protected by password (password-writing) equipment, which shall be licensed according to the laws of the Russian Federation;
(12) Promotion activities of encryption equipment that should be licensed according to the laws of the Russian Federation;
(13) Technical maintenance activities of encryption equipment that should be licensed according to the laws of the Russian Federation;
(14) Providing services in the field of information coding;
(15) In order to obtain information in secret, find out the use of electronic equipment and technical equipment in the residence (except for the above activities to protect the legal person's own needs);
(16) The legal person engages in business activities, research, production, sales and purchase activities aimed at selling special technical equipment that can obtain information in secret;
(17) Developing weapons and military equipment;
(18) production of weapons and military equipment;
(19) Repairing weapons and military equipment;
(20) Recovery of weapons and military equipment;
(2 1) Trade in weapons and military equipment;
(22) Production of weapons and firearms (except cold weapons, civilian and public weapons);
(23) the production of weapons, ammunition and ammunition parts (except the production of civilian and public weapons and ammunition);
(24) Trade in major components of weapons and firearms and weapons and ammunition (except cold weapons, civil and public weapons and civil and public weapons and ammunition);
(25) Development and production of ammunition and its components;
(26) Recovery of ammunition and its components;
(27) production and promotion of industrial explosives;
(28) Activities to ensure aviation safety;
(29) Space activities;
(30) Developing aviation equipment, including dual-use aviation equipment;
(3 1) Aviation equipment production, including dual-use aviation equipment;
(32) Aviation equipment maintenance, including dual-use aviation equipment (except for parts and unit maintenance completed by civil aviation units);
(33) Testing aviation equipment, including dual-use aviation equipment;
(34) to carry out television broadcasting services in areas where residents account for more than 1/2 or 1/2 of the main residents of the Russian Federation;
(35) Providing radio broadcasting services in areas where residents account for more than 1/2 or 1/2 of the main residents of the Russian Federation;
(36) Providing services within the scope stipulated in Article 4, paragraph 1 of the Natural Monopoly Law of the Russian Federation. 14717 August 1995, which is applicable to business entities listed in the list of natural monopoly entities, except natural monopoly entities that provide public telecommunication and public postal communication services and transmit heat and electric energy services along the distribution network;
(37) Dominant commercial entities listed in Article 23 of the Federal Law on Competition Protection conduct business activities in the following places:
1) the telecommunications service market within the geographical boundary of the Russian Federation (except services providing Internet access);
2) the fixed telephone communication service market in five or more major regions of the Russian Federation;
3) the fixed telephone communication service market within the geographical boundary of the federal city;
(38) Commercial activities are carried out by operating companies that are dominant in the production of special metals and alloys used in the manufacture of weapons and military equipment;
(39) Conducting geological research and/or mineral exploration and mining in federal mineral resources blocks;
(40) Fishing (capturing) aquatic biological resources;
(4 1) The business entity is engaged in the printing industry, if the business entity can ensure that a single printed page can print more than 200 million pages per month;
(42) Publishers engaged in editing business entities and/or periodical publications shall have a periodical circulation of not less than 1 10,000 copies per issue.
179. Transactions covered by the Foreign Investment Procedure Law
(1) The following types of transactions should be negotiated in advance:
After the 1) transaction (except for the strategic stock or share transaction of the operating company that uses the legal capital of the federal mineral resources block), the foreign investor or investment group obtains:
Directly or indirectly control more than 50% of the total voting shares (shares) in the legal capital of the strategic operation company;
More than 50% of the members of the sole executive body and/or collective executive body of the strategic operation company, and/or more than 50% of the members of the board of directors (board of supervisors) or other collective management bodies of the company may be elected.
2) The transaction of the legal share capital (shares) of an operating company with strategic significance and using federal mineral resources blocks is obtained by foreign investors or investment groups through such transactions.
3) Directly or indirectly control 10% of the total voting shares (shares) in the legal capital of such companies.
4) More than 65,438+00% members of the sole executive body and/or collective executive body of strategic companies, and/or more than 65,438+00% members of the board of directors (supervisory board) or other collective management bodies of such companies may be elected.
5) If a foreign investor or investment group directly or indirectly controls more than 65,438+00% of the total voting shares (shares) in the legal capital of a company operating in the federal underground resource block, the foreign investor or investment group will buy shares (shares) in the legal capital of the company again.
6) Contracts in which foreign investors or operating companies or individual and private owners in investment groups exercise the functions of managers (management agencies) of strategic operating companies.
7) For foreign investors, international organizations or organizations controlled by them, obtain direct or indirect control over more than 25% of the total voting shares in the legal capital of strategic companies, or obtain other transactions that may prevent the management agencies of such companies from passing resolutions, or obtain direct or indirect control over more than 5% of the total voting shares in the legal capital of operating companies with strategic significance and using federal underground resource blocks.
8) Other transactions aimed at transferring the decision-making power of the management institutions of strategic operating companies to foreign investors or investment groups, including the conditions for enterprises to carry out business management activities.
(2) In particular, the transactions specified in Item 1, Item 1 and Item 2 of Article 7 of the Foreign Investment Procedure Law are as follows:
1) contracts for the sale, donation and replacement of voting shares (shares) in the legal capital of strategic operating companies, and other agreements, whereby the ownership of the above shares (shares) is transferred to foreign investors or investment groups;
2) Entrustment management contracts and/or similar agreements based on voting stocks (shares) in the legal capital of strategic operating companies.
(3) If a foreign investor or investment group conducts transactions through a third party, resulting in its direct or indirect control of a company with strategic significance, it may be deemed that the foreign investor or investment group controls such a company. Then any transaction is the control of a strategic company and should be negotiated in advance in accordance with the provisions of this federal law.
(4) The provisions of this article, together with the circumstances specified in paragraphs 1 to 3 of Article 7 of this Law, shall apply to the operation of other strategic companies directly or indirectly controlled by foreign investors or investment groups due to the acquisition of shares. These include: according to Article 842 of the Joint Stock Company Law No.208 (hereinafter referred to as the Joint Stock Company Law) promulgated on February 26, 1995, foreign investors or investment groups fulfill the obligation to purchase securities of such companies.
(5) If the proportion of shares (shares) with voting rights in the legal capital of the operating company changes due to the acquisition or redemption and transfer of individual shares (shares of its legal capital), the distribution of shares belonging to the company among shareholders, the conversion of preferred shares into common shares and other circumstances stipulated by the laws of the Russian Federation, and it is determined that foreign investors or investment groups control the company, in this case, the foreign investors or investment groups must not exceed three months from the date of determining the control right of the company.
180. Inspection procedures of strategic operating companies
(1) Within three working days from the date of determining the facts listed in Article 9, Paragraphs 3 and 5 of the Foreign Investment Procedure Law, the authorized institution must send a consultation letter to the federal power executive agency that guarantees security about providing information that threatens national defense and national security, or conduct transactions with strategic operating companies or their legal capital shares (shares). Or according to the fifth paragraph of Article 7 of this Federal Law, it is found that there is control over the company with strategic operation, but there is no such threat, and within 30 days from the date of determining the above facts, it is checked whether the company meets the following characteristics:
Whether the company has the business projects specified in Article 6 of this federal law and the licenses issued according to the laws of the Russian Federation.
Whether the company has the right to conduct geological research and/or mineral exploration and mining in the federal mineral resources block.
(2) An application form is attached to the consultation letter listed in paragraph 1 of this article.
(3) Within 20 days from the date when the authorized agency issues the consultation letter, the executive organ of the federal security guarantee authority shall send the assessment conclusion to the authorized agency according to Article 7, paragraph 5 of this Federal Law, that is, the national defense and national security are threatened or not threatened due to the existence of the corresponding transaction or control.
(4) If the strategic operating company meets the characteristics listed in Item 2 of Article 10 1, the authorized institution must send a consultation letter to the interdepartmental State Secret Protection Committee within 3 working days from the date of determining this fact, requesting information on the existence of international treaties in the Russian Federation. According to the existence or not, the applicant is an employee of a foreign natural person or a number of foreign natural persons or legal persons who hold certain positions.
(5) Within 14 days from the date of issuance of the consultation letter by the authorized institution, the Inter-departmental Committee for the Protection of State Secrets shall send the authorized institution an appraisal conclusion on whether there is an international treaty of the Russian Federation as stipulated in paragraph 4 of this article.
(6) Within 3 days after the inspection specified in Article 10, the authorized institution receives the appraisal conclusions of the Federal Security Executive Bureau and the Inter-departmental State Secret Protection Committee listed in Paragraphs 3 and 5 of this Article (if a consultation letter is issued according to the provisions of Paragraph 4 of this Article), and the authorized institution issues the above appraisal conclusions. The applications and materials obtained from the inspections specified in Article 9, Item 2 and Item 3 of 1 and Item 1 of this Federal Law, as well as the suggestions made by this unit on the pre-negotiation of trading or control decisions through negotiation or on trading or control decisions without pre-negotiation.
(7) The applicant may object to the decision or action (omission) made by the authorized institution according to the application review and strategic company inspection according to the prescribed procedures.