Federal Law of December 30, 2006 No. 281-FZ “On Special Economic Measures”

Article 1. Legal basis for the application of special economic measures

1. The legal basis for the application of special economic measures is the Constitution of the Russian Federation, generally recognized principles and norms of international law, international treaties of the Russian Federation, this Federal Law, regulatory legal acts of the President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation, as well as regulatory legal acts adopted in accordance with them acts of federal executive authorities.
2. Special economic measures are applied in cases where a set of circumstances arise that require an immediate response to an internationally wrongful act or unfriendly action of a foreign state or its bodies and officials, posing a threat to the interests and security of the Russian Federation and (or) violating the rights and freedoms of its citizens, as well as in accordance with United Nations Security Council resolutions.

Consequences

After the introduction of countermeasures, according to the European Commission, in 2014 the Russian embargo affected 4.2% of all exports of 28 EU countries, totaling €5 billion. In addition, EU authorities were forced to provide assistance to farmers affected by the Russian embargo. According to the Federal Customs Service of Russia, importing countries subject to retaliatory sanctions could lose up to $8 billion on an annualized basis.

During a direct line in 2021, Russian President Vladimir Putin estimated Russia’s losses from foreign sanctions at $50 billion. At the same time, the head of state said that the European Union has lost $240 billion since 2014, the United States — $17 billion, Japan — $27 billion.

Article 3. Special economic measures

1. Special economic measures are temporary in nature and are applied regardless of other measures aimed at protecting the interests of the Russian Federation, ensuring the security of the Russian Federation, as well as protecting the rights and freedoms of its citizens.
2. Special economic measures include a ban on committing actions in relation to a foreign state and (or) foreign organizations and citizens, as well as stateless persons permanently residing in the territory of a foreign state, and (or) imposing an obligation to perform these actions and other restrictions. Such measures may be aimed at: suspending the implementation of all or part of programs in the field of economic, technical assistance, as well as programs in the field of military-technical cooperation;
3. prohibition of financial transactions or establishment of restrictions on their implementation;
4. prohibition of foreign economic transactions or establishment of restrictions on their implementation;
5. termination or suspension of international trade agreements and other international agreements of the Russian Federation in the field of foreign economic relations;
6. changes in export and (or) import customs duties;
7. prohibition or restriction of the entry of ships into the ports of the Russian Federation and the use of the airspace of the Russian Federation or its individual areas;
8. establishing restrictions on the implementation of tourism activities;
9. prohibition or refusal to participate in international scientific and scientific-technical programs and projects, scientific and scientific-technical programs and projects of a foreign state.

Federal Law of December 30, 2006 No. 281-FZ

RUSSIAN FEDERATION

THE FEDERAL LAW

On special economic measures and coercive measures

(Name as amended by Federal Law dated 01.05.2019 No. 83-FZ)

Adopted by the State Duma on December 22, 2006
Approved by the Federation Council on December 27, 2006

(As amended by Federal Law No. 83-FZ dated May 1, 2019)

Article 1. Legal basis for the application of special economic measures and coercive measures

(Name as amended by Federal Law dated 01.05.2019 No. 83-FZ)

1. The legal basis for the application of special economic measures and coercive measures is the Constitution of the Russian Federation, generally recognized principles and norms of international law, international treaties of the Russian Federation, resolutions of the United Nations Security Council, this Federal Law, regulatory legal acts of the President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation, as well as the regulatory legal acts of federal executive authorities adopted in accordance with them. (As amended by Federal Law No. 83-FZ dated May 1, 2019)

2. Special economic measures are applied in cases where a set of circumstances arise that require an immediate response to an internationally wrongful act or unfriendly action of a foreign state or its bodies and officials, posing a threat to the interests and security of the Russian Federation and (or) violating the rights and freedoms of its citizens. (As amended by Federal Law No. 83-FZ dated May 1, 2019)

3. Coercive measures are used to implement United Nations Security Council resolutions. (Part introduced - Federal Law No. 83-FZ dated 01.05.2019)

Article 2. Goals and principles of application of special economic measures and coercive measures

(Name as amended by Federal Law dated 01.05.2019 No. 83-FZ)

1. The purposes of applying special economic measures are to ensure the interests and security of the Russian Federation and (or) eliminate or minimize the threat of violations of the rights and freedoms of its citizens.

2. Special economic measures are applied on the basis of the following principles:

1) legality;

2) publicity of the application of special economic measures;

3) validity and objectivity of the application of special economic measures.

3. The goals and principles of the application of coercive measures are determined in accordance with the goals and principles of the activities of the United Nations, as provided for in its Charter. (Part introduced - Federal Law No. 83-FZ dated 01.05.2019)

Article 3. Special economic measures and coercive measures

(Name as amended by Federal Law dated 01.05.2019 No. 83-FZ)

1. Special economic measures are temporary in nature and are applied regardless of other measures aimed at protecting the interests of the Russian Federation, ensuring the security of the Russian Federation, as well as protecting the rights and freedoms of its citizens.

2. Special economic measures include a ban on committing actions in relation to a foreign state and (or) foreign organizations and citizens, as well as stateless persons permanently residing in the territory of a foreign state, and (or) imposing an obligation to perform these actions and other restrictions. Such measures can be aimed at:

1) suspension of the implementation of all or part of programs in the field of economic, technical assistance, as well as programs in the field of military-technical cooperation;

2) prohibition of financial transactions or establishment of restrictions on their implementation;

3) prohibition of foreign economic transactions or establishment of restrictions on their implementation;

4) termination or suspension of international trade agreements and other international agreements of the Russian Federation in the field of foreign economic relations;

5) changes in export and (or) import customs duties;

6) prohibition or restriction of the entry of ships into the ports of the Russian Federation and the use of the airspace of the Russian Federation or its individual regions;

7) establishing restrictions on the implementation of tourism activities;

prohibition or refusal to participate in international scientific and scientific-technical programs and projects, scientific and scientific-technical programs and projects of a foreign state.

3. The implementation of special economic measures is mandatory for state authorities, local governments, as well as for organizations and individuals under the jurisdiction of the Russian Federation.

4. The responsibility of officials for improper performance of their duties related to the implementation of special economic measures is determined by federal laws.

5. Special economic measures should not be more restrictive than necessary to eliminate the circumstances that served as the basis for their application.

6. Coercive measures are understood as collective measures that are aimed at preventing and eliminating threats to peace and suppressing acts of aggression or other violations of the peace and the introduction, modification, suspension or cancellation of which are provided for by resolutions of the United Nations Security Council. (Part introduced - Federal Law No. 83-FZ dated 01.05.2019)

Article 4. Application of special economic measures

1. The decision on the application of special economic measures in relation to specific foreign states and (or) foreign organizations and citizens, as well as stateless persons permanently residing in the territory of a foreign state, and on the period during which these special economic measures will be applied, is made The President of the Russian Federation on the basis of proposals from the Security Council of the Russian Federation with the obligatory immediate notification of the Federation Council of the Federal Assembly of the Russian Federation and the State Duma of the Federal Assembly of the Russian Federation about such a decision.

2. Proposals to apply special economic measures may also be submitted to the President of the Russian Federation by the Federation Council of the Federal Assembly of the Russian Federation, the State Duma of the Federal Assembly of the Russian Federation or the Government of the Russian Federation.

3. The Government of the Russian Federation, on the basis of a decision of the President of the Russian Federation in accordance with this Federal Law, establishes a list of specific actions, the commission of which is prohibited and (or) in respect of which an obligation to commit is introduced, and other restrictions. If the implementation of special economic measures requires a decision from the Central Bank of the Russian Federation, then the prohibition and (or) obligation to perform actions and other restrictions are established by the Central Bank of the Russian Federation in cooperation with the Government of the Russian Federation.

4. Federal executive authorities, the Central Bank of the Russian Federation and executive authorities of the constituent entities of the Russian Federation, within the limits of their competence in accordance with the legislation of the Russian Federation, ensure the implementation of special economic measures.

Article 41. Application of coercive measures

1. Compulsory measures, their introduction, modification, suspension or cancellation are mandatory for state authorities, local governments, as well as for organizations and individuals under the jurisdiction of the Russian Federation.

2. Application of compulsory measures to freeze (block) funds and other property provided for by United Nations Security Council resolutions related to countering terrorism and the proliferation of weapons of mass destruction, and the exercise by federal executive authorities of their powers and other interested bodies and organizations of their rights and responsibilities related to the application of measures to freeze (block) funds and other property provided for by the specified resolutions of the United Nations Security Council are carried out in accordance with the Federal Law of August 7, 2001 No. 115-FZ “On Combating the Legalization (Laundering) of Income obtained by criminal means and the financing of terrorism” and other federal laws.

3. The federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of international relations of the Russian Federation (hereinafter referred to as the authorized federal executive body), interested federal executive bodies and other federal government bodies in cooperation with the authorized The federal executive body, if necessary and in accordance with its competence, adopts normative legal acts in order to implement the relevant resolutions of the United Nations Security Council.

4. The authorized federal executive body carries out general coordination of the application of coercive measures by interested federal executive bodies and other bodies and organizations. Interested federal executive bodies and other bodies and organizations at least once every six months in the manner established by the authorized federal executive body inform the authorized federal executive body about the progress of applying coercive measures and violations of the requirements of the Security Council resolutions identified by such bodies and organizations United Nations.

(Article introduced - Federal Law dated 01.05.2019 No. 83-FZ)

Article 5. Duration of application of special economic measures

1. The period for application of special economic measures is established by the President of the Russian Federation.

2. The President of the Russian Federation makes a decision to cancel the application of special economic measures if the circumstances that served as the basis for their application are eliminated. If the circumstances that served as the basis for the application of special economic measures are eliminated before the expiration of the period established in accordance with Part 1 of this article, such a decision is made ahead of schedule, and if not eliminated, the specified period is extended.

3. A proposal to abolish special economic measures may be submitted to the President of the Russian Federation by the Federation Council of the Federal Assembly of the Russian Federation, the State Duma of the Federal Assembly of the Russian Federation or the Government of the Russian Federation.

Article 51. Duration of application of coercive measures

1. Coercive measures shall be applied within the period established by resolutions of the United Nations Security Council.

2. Coercive measures for which the United Nations Security Council resolutions do not specify a period for their application shall remain in effect until these coercive measures are lifted by the relevant United Nations Security Council resolutions.

(Article introduced - Federal Law dated 01.05.2019 No. 83-FZ)

Article 6. Ensuring the implementation of the principles of application of special economic measures

In order to ensure the implementation of the principles of application of special economic measures established by Part 2 of Article 2 of this Federal Law:

1) decisions on the application of special economic measures, the period during which they will be applied, the list of specific actions for which a prohibition is introduced and (or) in respect of which an obligation to perform is introduced, and other restrictions, on the extension of the period of their application and their cancellation is subject to immediate publication;

2) The President of the Russian Federation informs the Federation Council of the Federal Assembly of the Russian Federation and the State Duma of the Federal Assembly of the Russian Federation about the progress of applying special economic measures at least once every six months;

3) The Federation Council of the Federal Assembly of the Russian Federation and the State Duma of the Federal Assembly of the Russian Federation discuss information on the progress of application of special economic measures as it becomes available and submit proposals to the President of the Russian Federation to improve the efficiency of application of these measures, and may also propose to cancel them and (or) change.

Article 61. Publication of resolutions of the United Nations Security Council providing for the imposition, modification, suspension or lifting of coercive measures

1. Resolutions of the United Nations Security Council providing for the introduction, modification, suspension or abolition of coercive measures are subject to official publication, which is considered to be the first publication of their full texts in the Rossiyskaya Gazeta or the first placement (publication) on the Official Internet Portal of Legal Information "(www.pravo.gov.ru).

2. The provision of texts of resolutions of the United Nations Security Council for official publication is carried out by the authorized federal executive body within two working days from the day following the day of their publication in Russian on the official Internet portal of the United Nations (www.un.org) . The placement (publication) of the texts of resolutions of the United Nations Security Council on the “Official Internet Portal of Legal Information” (www.pravo.gov.ru) is carried out by the federal executive body in the field of state protection immediately after they are submitted by the authorized federal executive body.

3. The authorized federal executive body, within two working days from the day following the day of adoption of resolutions of the United Nations Security Council providing for the introduction, modification, suspension or cancellation of coercive measures, in the manner established by the authorized federal executive body, brings to the attention interested federal executive authorities and other bodies and organizations additional information necessary to implement these resolutions, including decisions of subsidiary bodies of the United Nations Security Council on the inclusion of individuals and legal entities, as well as organizations in the sanctions list of the United Nations Security Council and on their exclusion from this list.

(Article introduced - Federal Law dated 01.05.2019 No. 83-FZ)

Article 7. Entry into force of this Federal Law

This Federal Law comes into force on the date of its official publication.

President of the Russian Federation V. Putin

Moscow, Kremlin December 30, 2006 No. 281-FZ

Article 4. Application of special economic measures

1. The decision on the application of special economic measures in relation to specific foreign states and (or) foreign organizations and citizens, as well as stateless persons permanently residing in the territory of a foreign state, and on the period during which these special economic measures will be applied, is made by the President of the Russian Federation Federation on the basis of proposals from the Security Council of the Russian Federation with mandatory immediate notification of the Federation Council of the Federal Assembly of the Russian Federation and the State Duma of the Federal Assembly of the Russian Federation about such a decision.
2. Proposals to apply special economic measures may also be submitted to the President of the Russian Federation by the Federation Council of the Federal Assembly of the Russian Federation, the State Duma of the Federal Assembly of the Russian Federation or the Government of the Russian Federation.
3. The Government of the Russian Federation, on the basis of a decision of the President of the Russian Federation in accordance with this Federal Law, establishes a list of specific actions, the commission of which is prohibited and (or) in respect of which an obligation to commit is introduced, and other restrictions. If the implementation of special economic measures requires a decision from the Central Bank of the Russian Federation, then the prohibition and (or) obligation to perform actions and other restrictions are established by the Central Bank of the Russian Federation in cooperation with the Government of the Russian Federation.
4. Federal executive authorities, the Central Bank of the Russian Federation and executive authorities of the constituent entities of the Russian Federation, within the limits of their competence in accordance with the legislation of the Russian Federation, ensure the implementation of special economic measures.

Anti-Russian sanctions since 2014

In March 2014, in connection with the situation in Ukraine, the EU and a number of countries, including the USA, Canada, Australia, Japan, Switzerland, New Zealand, Iceland and others began to impose sanctions against Russia. In particular, sanctions lists of Russian individuals and legal entities have appeared. Restrictive measures included a ban on entry and freezing of accounts. In addition, so-called sectoral sanctions were introduced: the assets of companies subject to them were not frozen, but restrictions were imposed on medium- and long-term lending. In April 2014, Ukraine joined Western anti-Russian sanctions.

In subsequent years, new sanctions were introduced against the Russian Federation, in particular in connection with accusations of the use of chemical weapons in Salisbury, the incident in the Kerch Strait, etc.

Article 5. Duration of application of special economic measures

1. The period for application of special economic measures is established by the President of the Russian Federation.
2. The President of the Russian Federation makes a decision to cancel the application of special economic measures if the circumstances that served as the basis for their application are eliminated. If the circumstances that served as the basis for the application of special economic measures are eliminated before the expiration of the period established in accordance with Part 1 of this article, such a decision is made ahead of schedule, and if not eliminated, the specified period is extended.
3. A proposal to abolish special economic measures may be submitted to the President of the Russian Federation by the Federation Council of the Federal Assembly of the Russian Federation, the State Duma of the Federal Assembly of the Russian Federation or the Government of the Russian Federation.

Article 6. Ensuring the implementation of the principles of application of special economic measures

In order to ensure the implementation of the principles of application of special economic measures established by Part 2 of Article 2 of this Federal Law:

1. decisions on the application of special economic measures, the period during which they will be applied, the list of specific actions for which a prohibition is introduced and (or) in relation to which an obligation to perform is introduced, and other restrictions, on the extension of the period of their application and on their cancellations are subject to immediate publication;
2. The President of the Russian Federation informs the Federation Council of the Federal Assembly of the Russian Federation and the State Duma of the Federal Assembly of the Russian Federation about the progress of applying special economic measures at least once every six months;
3. The Federation Council of the Federal Assembly of the Russian Federation and the State Duma of the Federal Assembly of the Russian Federation discuss information on the progress of applying special economic measures as it becomes available and submit proposals to the President of the Russian Federation to improve the effectiveness of the application of these measures, and may also propose to cancel and (or) change them.

Economic crimes: classification

Economic crimes can be roughly classified as follows:

1) crimes against the general procedure for carrying out internal economic activity - crimes consisting of illegal refusal of state registration of a legal entity or issuance of a license, manipulation of the real estate register, illegal entrepreneurship without state registration, production of unlabeled products, etc. (Articles 169, 170 , 170.1, 170.2, 171, 171.1, 171.2, 172, 172.2, 173.1, 173.2, 174, 174.1, 175, 185.6, 191.1, 200.3 of the Criminal Code of the Russian Federation);

2) crimes against the lending procedure and the procedure for satisfying creditors' claims - illegal receipt of a loan when the information provided to the bank does not correspond to reality, deliberate bankruptcy, malicious evasion of repayment of accounts payable, i.e. there is money, but does not pay (Article 172.1, 176, 177, 195, 196, 197 of the Criminal Code of the Russian Federation);

3) crimes against fair competition, such as restriction of competition - illegal exclusion from trading, coercion to complete a transaction, illegal receipt and disclosure of commercial and tax secrets, etc. (Articles 178, 179, 180, 181, 183, 184, 185.3, 185.6 of the Criminal Code of the Russian Federation);

4) crimes against the procedure for the circulation of money, precious metals, precious stones and securities, as well as the procedure for recording rights to securities. A typical example is the failure of the depositary to enter information about the pledge of shares into the register of shareholders (Article 170.1 (in terms of manipulations with the register of securities owners and the depository accounting system), Articles 185, 185.1, 185.2, 185.4, 186, 187, 191 , 192 of the Criminal Code of the Russian Federation);

5) crimes against the procedure for carrying out foreign economic activity - transporting cash across the border without declaration, for example (Articles 189, 190, 193, 193.1, 194, 200.1, 200.2 of the Criminal Code of the Russian Federation);

6) crimes against the procedure for paying taxes and fees. An exemplary crime in this area is concealing money or property from tax collection (Articles 198, 199, 199.1, 199.2 of the Criminal Code of the Russian Federation).

Now it's time to move on to the main subject of our article. How to act when carrying out economic activities to avoid unpleasant consequences.

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