Russia has no plans to tighten requirements for exiting foreigners
The authorities do not intend to tighten requirements for transactions involving foreign companies exiting assets in Russia. This was stated by Deputy Finance Minister Alexei Moiseev in an interview with law firm BGP Litigation partner Pavel Kondukov, published by TASS.
When asked whether the requirements would be tightened, he said there were "no plans" to do so. However, the official noted that in practice a stricter approach to the issue has already come about, primarily with regard to payment of the asset's value to the foreign business. "For example, it is necessary to justify software support and parts supply," Moiseev said.
He added that obtaining the foreign investment oversight subcommittee's permission for transactions involving the exit of foreign businesses from the Russian market usually takes about six months. However, the process of reviewing transactions has recently been shortened due to stricter requirements on how soon asset valuations become outdated, the deputy finance minister said.
Moiseev noted that the subcommittee is cautious about management buyouts and buyback options. It is considered acceptable if management acquires an asset at fair value with a discount of at least 60%. If an asset is sold at face value with a huge discount, this raises suspicions, as it may mask the hidden withdrawal of funds and settlements abroad, he explained. "Options must be at market value and valid for no more than two years," the deputy finance chief stressed.
The Russian authorities have consistently tightened the terms under which foreign investors can exit their businesses in the country. The mandatory contribution payable to the budget on the transaction was increased in autumn 2024 from a minimum of 15% to a minimum of 35% of the asset's market value. The mandatory discount to the asset's market value has also increased. Previously, assets had to be sold for 50% of their actual value, but now the discount must be at least 60%.