On 15 October 2026, the President of the Russian Federation signed Decree No. 750, expanding the scope of application of President Decree No. 1285 of 11 September 2012, “On Measures to Protect the Interests of the Russian Federation in the Conduct of Foreign Economic Activities by Russian Legal Entities”[1].
The principal amendment introduces an obligation to obtain the prior consent of the competent federal executive authority in circumstances where such consent was not previously required. This obligation now arises not only where the relevant requirements are imposed by foreign state authorities or international organisations, but also where the obligation to take certain actions is expressly prescribed by the legislation of a foreign state.
The amendment applies to joint-stock companies included in the list of strategic enterprises and strategic joint-stock companies approved by President Decree No. 1009[2] of 4 August 2004, as well as to their subsidiaries. The Decree entered into force on the date of its signing.
- What has changed?
Prior to the amendments, paragraph 1 of Decree No. 1285[3] made the application of the special prior authorisation regime conditional upon requirements being imposed on the relevant Russian companies by foreign state authorities, international organisations, associations of foreign states and their bodies, including regulatory and supervisory authorities.
Decree No. 750 supplements this framework by introducing an independent ground for the application of the prior authorisation regime: the existence, under the legislation of a foreign state, of an obligation on the part of the relevant company to take certain actions.
Accordingly, the amended provision covers two distinct situations:
- An individual requirement imposed by a foreign authority. For example, a request by a foreign regulator for information concerning a company.
- An obligation directly imposed by foreign legislation. For the provision to apply it is not necessary for a foreign authority to have previously sent the company a separate request or order.
The second ground constitutes a substantive change. It enables the Russian prior authorisation mechanism to apply even where a company acts in compliance with a general statutory obligation, rather than in response to an individual requirement imposed by a foreign state authority.
- Which actions are subject to the new regime?
The list of actions requiring the prior consent of the competent federal executive authority remains unchanged and comprises three main categories:
- Disclosure of information concerning the company’s activities to foreign authorities and other organisations specified in Decree No. 1285. An exception applies to information required to be published or disclosed under the legislation of the Russian Federation and, in the circumstances provided for by the Decree, to information disclosed in accordance with requirements arising in connection with the issue, trading and acquisition of securities.
- Amendments to contracts with foreign counterparties, as well as to other documents relating to the company’s commercial policy in foreign states.
- Disposal of foreign assets, including equity interests in foreign entities, rights to conduct business activities in the territories of foreign states, and immovable property located outside the Russian Federation.
No administrative or criminal liability is expressly established for a breach of the Decree as such. Nevertheless, the legal entity and/or its officers may incur administrative liability under the applicable legislation on administrative offences where the disclosure of information, amendment of contracts or disposal of assets constitutes an administrative offence or a criminal offence. The applicable form of liability will depend on the circumstances of the breach, the nature of the actions taken and other legally relevant factors.
- Who is affected by the amendment?
The amendments apply to strategic joint-stock companies included in the list approved by President Decree No. 1009 of 4 August 2004, as well as to their subsidiaries.
Decree No. 1285 requires prior consent to be obtained from the federal executive authority authorised by the Government of the Russian Federation. The allocation of powers among the competent authorities is governed by Resolution No. 1017[4] of the Government of the Russian Federation dated 5 October 2012.
Under paragraph 2 of Decree No. 1285, consent must be refused where the proposed actions may prejudice the economic interests of the Russian Federation.
Companies falling within the scope of Decree No. 1285 are advised to assess their obligations under foreign law and review their internal compliance procedures, paying particular attention to the disclosure of information to foreign authorities, amendments to contractual terms and the disposal of foreign assets.
[1] Decree of the President of the Russian Federation No. 750 dated 15 October 2026 “On Amending Decree No. 1285 of the President of the Russian Federation of 11 September 2012 ‘On Measures to Protect the Interests of the Russian Federation in the Conduct of Foreign Economic Activities by Russian Legal Entities’”. URL: http://publication.pravo.gov.ru/document/0001202610150049?index=1.
[2] Decree No. 1009 of the President of the Russian Federation dated 4 August 2004 “On Approval of the List of Strategic Enterprises and Strategic Joint-Stock Companies”. URL: https://base.garant.ru/187281/.
[3] Decree No. 1285 of the President of the Russian Federation dated 11 September 2012 “On Measures to Protect the Interests of the Russian Federation in the Conduct of Foreign Economic Activities by Russian Legal Entities”. URL: https://www.consultant.ru/document/cons_doc_LAW_135054/.
[4] Resolution No. 1017 of the Government of the Russian Federation dated 5 October 2012 “On Measures to Implement Decree No. 1285 of the President of the Russian Federation of 11 September 2012”. URL: https://base.garant.ru/70239118/.