Due to the current restrictions on payments by foreign counterparties, the Ministry of Finance of the Russian Federation has defined a new procedure for payouts from government securities with nominal value denominated in foreign currency ("Russian Federation Eurobonds"). The new procedure is established by the Decree of the President of the Russian Federation dated 09 September 2023 N 665 "On the Temporary Procedure for the Execution to Residents and Foreign Lenders of Russian Government Obligations in Government Securities, Denominated in Foreign Currency, and Other Obligations under International Securities" (the "Decree 665").
The previously effective Decree of the President of the Russian Federation N 394 dated 22 June 2022 has become invalid (the "Decree 394").
The procedure for making payouts for the clients of the central securities depository and Russian securities depositories with which Eurobonds of the Russian Federation are held on accounts, including accounts for third party rights, with international depositories and which have provided the CSD with information on such Eurobonds within the period specified in the request of the CSD, remains unchanged as compared to the procedure which was established by Decree 394.
Payouts to beneficiaries of type I bank account, i.e. holders of Eurobonds of the Russian Federation whose rights are held in international depositories, and Russian depositories with which Eurobonds of the Russian Federation are held on accounts, including accounts for third party rights, in international depositories and which have NOT provided the CSD with information on such Eurobonds within the term specified in the CSD's request, are made according to the new algorithm established by Decree 665.
Payouts from Eurobonds of the Russian Federation, which have been credited by the CSD to type I bank accounts up to and including 15 September 2023, are subject to the following conditions:
- Payouts are made by the CSD until 24 November 2023 inclusive to holders of Eurobonds of the Russian Federation added to the register of holders of Russian Federation Eurobonds before 23 November 2023 and to Russian depositories that provided the CSD at its request the total number of Eurobonds of the Russian Federation after the expiry of the term set by the CSD, in RUB in the amount calculated as of the date of their transfer to the holder in accordance with the indexation procedure established by Paragraph 1-d of Decree 365.
- From 25 November to 14 December 2023, cash amounts are not indexed, no payouts are made from the above accounts;
- On 14 December 2023, the obligations of the CSD to make payouts in RUB from type I accounts are to be replaced by the CSD's obligations to make payouts in other currency. The procedure for replacing the obligations is established by the Ministry of Finance of the Russian Federation. From 15 December 2023, the payouts are made in foreign currency in accordance with Paragraph 7 of Decree 665.
Payouts from Eurobonds of the Russian Federation, which have been credited to the CSDs to type I accounts after 16 September 2023, are subject to the following conditions:
- Payouts are made on the 91st day after the date of the regular payout in RUB in the amount calculated on the date of payment in accordance with the indexation procedure established on the basis of Paragraph 1-f of Decree 665, to holders of Eurobonds of the Russian Federation who have provided the CSD with supporting documents within 60 days after the date of the regular payout on the Eurobonds and have been added by the CSD to the register of holders of the Eurobonds within 90 days after the date of the regular payout, and to Russian depositories that provided the CSD at its request with the total number of the Eurobonds, after the expiry of the term set by the CSD (paragraph 9-a of Decree 665).
- Indexation shall be made at the exchange rate set by the Central Bank of the Russian Federation on the 91st day after the date of the regular payout from the Eurobonds of the Russian Federation as defined in the prospectus. The procedure for such indexation is established by the Ministry of Finance of the Russian Federation in coordination with the Central Bank of the Russian Federation (paragraph 1-f of Decree 665);
- On the 91st after the regular payout, the obligations of the CSD to make payouts in RUB from type I accounts are to be replaced by the CSD's obligations to make payouts in other currency. The procedure for replacing the obligations is established by the Ministry of Finance of the Russian Federation (paragraph 9-b of Decree 665). Further, payments to persons who are beneficiaries with respect to the type I bank account to whom payouts have not been made on the 91st day, as indicated above, are made in foreign currency using funds on the accounts of the CSD in international depositories.
Please note: You can determine the chain of custody of your securities by contacting the broker through which they were purchased or the depository with which you have a depository agreement to hold them.