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The Supreme Court of the Russian Federation has declared the American legal entity FBK—Anti-Corruption Foundation, Inc.—a “terrorist organisation.” This was reported by the Prosecutor General’s Office.

What are the risks following this decision? We discuss this with Valeria Vetoshkina, a lawyer working with OVD-Info.

  • What changes for those who donated to FBK before the court’s decision?

According to Article 54, part 1, of the Constitution of the Russian Federation, a law that establishes or increases liability does not have retroactive effect. So, if you donated to FBK before the decision recognising the American legal entity as a “terrorist organisation,” you should not face liability for “funding terrorism.” However, it’s impossible to predict in advance whether law enforcement will attempt to do so regardless.

  • What are the risks for donations made after the decision?

New donations sent to the American legal entity will now be considered as “financing terrorism” in Russia. The penalty for this is from 8 to 15 years in prison or a life sentence, under Article 205.1 of the Russian Criminal Code.

  • How might law enforcement learn about donations?

Donor data could become accessible through leaks or mistakes. It’s important to remember that law enforcement can also track donations in certain cryptocurrencies. But, if you donate using a card from a country that does not exchange banking information with Russia, receive receipts to an email address with a non-Russian domain, do not travel to Russia and do not publicly state your support for FBK, the likelihood of law enforcement discovering this is extremely low.

  • Could those already convicted of “financing extremism” be prosecuted again?

No. Firstly, no one can face criminal liability twice for the same offence (Article 6, part 2, of the Russian Criminal Code). Secondly, a law that increases liability does not have retroactive effect. This means that those who have already been prosecuted for donating to FBK and whose actions were not “financing terrorism” at the time the “offence” was committed, should not be prosecuted under the “terrorist” article.

  • What else is risky?

Any involvement in projects of the legal entity Anti-Corruption Foundation, Inc. after it was designated a “terrorist organisation” can be treated as participation in the activities of a “terrorist organisation” (Article 205.5 of the Russian Criminal Code). The punishment is from 10 to 20 years in prison.

  • What about following social media, reposts, or mentions?

When mentioning Anti-Corruption Foundation, Inc., it’s important to indicate in any form that it is recognised as a “terrorist organisation” in Russia. Individuals can be fined between 2 roubles and 2,500 roubles (from a few cents to about US$27) for not including this note. As for following, reposting, or liking, so far there is only one known instance of someone being prosecuted for following pages of an “undesirable organisation”—this was reported by a law enforcement-linked Telegram channel. It’s hard to predict what practice will emerge in the case of FBK.

The new status of FBK’s American legal entity will make life more difficult for Russians abroad who are linked to it. But the risks are much greater for those who remain in Russia. What can you do: delete any documentary evidence confirming involvement with FBK, and write to the bot—we will help you assess your personal risks and advise on where to get support if you are persecuted.