The Russian President has issued Decree No. 81 — “due to the unfriendly actions of the US and other countries in violation of international law” — establishing special procedures for any transactions leading to the transfer of share title between Russian residents and foreign persons connected to such countries unless special authorization is obtained.
Under a separate Decree No. 79, Russian residents also cannot receive any funds in their foreign bank accounts.
What this means for US companies with Russian employees/consultants
- Decree No. 81 covers any transfer of title to shares, and it is very likely that the “special permit” exception was not drafted for the general public. Therefore Russian residents are essentially prohibited from purchasing or receiving shares in US companies (or any other companies incorporated in any country imposing sanctions on Russia).
- Under Decree No. 79, Russian residents will not be able to receive 1) proceeds from the sale of any shares or 2) cash dividends into their US-based brokerage or bank accounts.
- The Decrees impose restrictions on Russian residents, not directly on the US company that they work for.
- For purposes of the exchange control laws and regulations, a “Russian resident” likely covers any Russian national even if they are living outside of Russia and are not a tax resident in Russia.
Practical considerations and next steps
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