Russia’s State Duma approves Draft Law on countersanction information
The State Duma of the Russian Federation has approved in the third reading Draft Law No. 135977-8 including an explanation of the term "countersanction information". The Draft Law "On Introduction of Amendments into Certain Legislative Acts of the Russian Federation and on the Suspension of Certain Provisions of the Legislative Acts of the Russian Federation." is available on the website of the State Duma.
“Countersanction information” means information of any nature (production, technical, economic, organizational, etc.) referring to transactions completed or planned by Russian natural or legal entities, participants in foreign trade activities. Information classified as an state or commercial secret and other information of restricted access under the federal laws is not to be considered as countersanction information.”
The dissemination of "countersanction information" is restricted within an unspecified circle of persons particularly through the media and the Internet. It is expected to help protect Russian legal entities and citizens from foreign sanctions.
Meanwhile, state corporations and companies such as VEB.RF, Rostec, and Russian Highways are exempt from publishing annual reports on their activities and on the use of their property.
Distribution of countersanction information is allowed only upon the owner’s written consent. Foreign trade activity participants are entitled to undertake additional measures on restriction of access to “countersanction information” claim damages caused by the dissemination of data without their consent. However, the requirement on obtaining a written consent does not cover state or local authorities, as well as the Bank of Russia.
Besides, foreign trade activity participants and persons aware of the “countersanction” nature of information shall notify those whom they transfer information about the nature of the information and the restrictions on its dissemination.
The main articles of the Draft Law provide for conclusion of concession agreements up to December 31, 2022, inclusive, according to which a constituent entity of the Russian Federation is a grantor, without holding a tender based on a decision of the supreme executive body of RF constituent entity. However, this applies to cases when the rights of possession or use of all plots of land plots foreseen for implementation of concession agreements are handed over by the state authorities to persons with whom signing of concession agreements is planned, no later than June 1, 2022, as well as in other cases set forth by the Government.
However, this provision will not apply to some objects of concession agreements, namely motor roads; railway transport facilities; sea and river ports, including artificial plots of land, hydraulic engineering facilities in ports and their engineering infrastructure facilities; sea and river vessels, vessels of mixed (river-sea) navigation, as well as vessels deployed for icebreaking assistance, hydrographic/research activities, ferry crossings, floating and dry docks; airfields etc.
The State Duma Committee for Economic Policy approved those amendments on Friday, July 1.
