RESOLUTION OF THE COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS No. 563 of July 19, 2016
ON MEASURES ON IMPLEMENTATION OF THE DECREE OF THE PRESIDENT OF THE REPUBLIC OF BELARUS No. 10 of AUGUST 6, 2009
In accordance with the Decree of the President of the Republic of Belarus No. 8 of November 12, 2015 "On introducing amendments and additions to the Decree of the President of the Republic of Belarus," the Council of Ministers of the Republic of Belarus DECIDES:

  1. To approve the attached:

Regulations on the procedure for concluding, amending and terminating investment contracts between the investor (investors) and the Republic of Belarus;

Regulations on the tender for investor's (investors') choice for conclusion of an investment contract between the investor (investors) and the Republic of Belarus;

Regulations on the procedure for keeping the State Register of Investment Contracts with the Republic of Belarus;

Regulations on the procedure of coordination of the list of goods (works, services), property rights acquired in the territory of the Republic of Belarus (imported to the territory of the Republic of Belarus) and used for construction and equipping of facilities provided for by the investment contract between the investor (investors) and the Republic of Belarus;

Regulations on the procedure for compensation, exemption from compensation, provision of installments (deferment) of compensation to the Republic of Belarus and its administrative and territorial units of the amounts of benefits and (or) preferences, exemption from payment, provision of installments (deferment) of payment of penalties (fine) provided for by the investment contract between the investor (investors) and the Republic of Belarus.

  1. To provide the following republican government authorities with the right to clarify the application of Decree No. 10 of the President of the Republic of Belarus of August 6, 2009 "On creating additional conditions for investment in the Republic of Belarus" (National Register of Legal Acts of the Republic of Belarus, 2009, No. 188 , 1/10912) and this Resolution:

To the Ministry of Economy - regarding the conclusion, amendment, termination of investment contracts between the investor (investor) and the Republic of Belarus (hereinafter referred to as investment contracts), keeping the State Register of Investment Agreements with the Republic of Belarus, holding a tender for investor’s (investors’) choice for conclusion of an investment agreement, the procedure for compensation, exemption from compensation, provision of installments (deferment) of compensation to the Republic of Belarus and its  administrative and territorial units of the amounts of benefits and (or) preferences, exemption from payment, provision of installments (deferment) for payment of penalties (fine) provided for by the investment contract;

To the State Customs Committee - regarding issues related to the sphere of customs regulation;

To the Ministry of Taxes and Duties - regarding issues related to taxation;

To the State Property Committee - regarding issues related to the sphere of land relations, as well as the procedure for the sale of an uncompleted project from public auction;

To the Ministry of Architecture and Construction - regarding issues related to the sphere of architectural and construction activities;

To the Ministry of Natural Resources and Environmental Protection – regarding issues related to environmental protection and rational use of natural resources.

  1. Republican government bodies, other state organizations subordinated to the Government of the Republic of Belarus, the Administration of the President of the Republic of Belarus, regional (Minsk City) executive committees that have concluded investment contracts shall submit to the Ministry of Economy on a quarterly basis until the 20th day of the month following the reporting period information on the implementation of investment projects in the framework of investment contracts and the implementation of the terms of investment contracts by the parties.
  2. The Ministry of Economy shall submit on a quarterly basis until the 30th day of the month following the reporting period to the Council of Ministers of the Republic of Belarus, the State Control Committee, the State Customs Committee information on the implementation of investment projects in the framework of investment contracts and the fulfillment by the parties of the terms of investment contracts.
  3. To determine that the effect of the nineteenth paragraph of part 1 of clause 6 of the Regulations on the procedure for keeping the State Register of Investment Contracts with the Republic of Belarus, approved by this Resolution, applies to investment contracts, the decision to terminate which was adopted not earlier than May 15, 2016.
  4. To Introduce in Resolution of the Council of Ministers of the Republic of Belarus No. 149 of February 19, 2014 "On Approval of the Regulations on the Procedure for Confirming the Terms for the Application of Exemption from Import Customs Duties and (or) Value Added Tax with regard to Imported (that have already been Imported) technological equipment, components and spare parts for it and (or) raw materials, as well as making amendments and additions to the Decrees of the Council of Ministers of the Republic of Belarus of August 6, 2011 No. 1058 and of February 17, 2012 N 156 "(The National Legal Internet Portal of the Republic of Belarus, 26.02.2014, 5/38471) the following amendments:

6.1. in clause 2, the words "the organization created in accordance with the established procedure in the Republic of Belarus by this investor or with his participation," shall be replaced by the words "the organization created by the investor (investors) or the organization in respect of which the investor (investors) has possibility to determine the decisions made by it on the grounds established by law, ";

6.2. in the Regulations on the procedure for confirming the terms for the application of exemption from import customs duties and (or) value-added tax in respect of imported (that have already been imported) technological equipment, components and spare parts for it and (or) raw materials approved by this Resolution

part 3 of clause1 shall be reworded as follows:

"Confirmation of the terms for the application of exemption from import customs duties and (or) value added tax is made through the issuance of:

a report confirming that the purpose of the imported (that has already been imported) technological equipment, components and spare parts for it is for exclusive use in the territory of the Republic of Belarus for implementing an investment project, as well as confirming the compliance with the terms established by international legal acts that make up the legal framework of the Customs Union and the Common Economic Space, and (or) acts constituting the right of the Eurasian Economic Union (hereinafter - report on the coordination of the list of the technological equipment), in the form in accordance with Appendix 1;

a report confirming that the purpose of the imported (that has already been imported) raw materials is for exclusive use in the territory of the Republic of Belarus for implementing an investment project, as well as confirming the compliance with the terms established by international legal acts that make up the legal framework of the Customs Union and the Common Economic Space and (or) acts constituting the right of the Eurasian Economic Union (hereinafter - report on the coordination of the list of raw materials), in the form in accordance with Appendix 2. ";

In the second paragraph of clause 8, the words "the organization created in accordance with the established procedure in the Republic of Belarus by the investor or with his participation," shall be replaced by the words "the organization created by the investor (investors) or the organization in respect of which the investor (investors) has possibility to determine the decisions made by it on the grounds established by law, ";

Paragraphs 2 and 3 of part 2 of clause 10 shall be reworded as follows:

"the register of information on issued reports confirming that the purpose of the imported (that has already been imported) technological equipment, components and spare parts for it is for exclusive use in the territory of the Republic of Belarus for implementing an investment project, as well as confirming the compliance with the terms established by international legal acts that make up the regulatory legal framework of the Customs Union and the Common Economic Space, and (or) the acts constituting the right of the Eurasian Economic Union, in the form in accordance with Appendix 3;

the register of information on issued reports confirming that the purpose of the imported (that has already been imported) raw materials is for exclusive use in the territory of the Republic of Belarus for implementing an investment project, as well as confirming the compliance with the terms established by international legal acts that make up the legal framework of the Customs Union and the Common Economic Space; (or) acts constituting the right of the Eurasian Economic Union, in  the form in accordance with Appendix 4. ";

in Appendix 1 to these Regulations: the title of the form shall be reworded as follows:

“REPORT confirming that the purpose of the imported (that has already been imported) technological equipment, components and spare parts for it is for exclusive use in the territory of the Republic of Belarus for implementing the investment project, as well as confirming the compliance with the terms established by international legal acts that make up the legal framework of the Customs Union and the Common Economic Space, and (or) acts constituting the right of the Eurasian Economic Union ";

annex to the report of the coordination of the list of technological equipment, components and spare parts for it imported (that has already been imported) for exclusive use in the territory of the Republic of Belarus for implementing an investment project corresponding to the priority activity (sector of the economy), shall be reworded (appended)

in Appendix 2 to these Regulations: the title of the form shall be reworded  as follows:

"REPORT confirming that the purpose of the imported (that has already been imported) raw materials is for exclusive use in the territory of the Republic of Belarus for implementing an investment project, as well as confirming the compliance with the terms established by international legal acts that make up the legal framework of the Customs Union and the Common Economic Space and (or ) acts constituting the right of the Eurasian Economic Union ";

annex to the report of the coordination of the list of raw materials  imported (that have already been imported) for exclusive use in the territory of the Republic of Belarus for implementing an investment project corresponding to the priority activity (sector of the economy), shall be reworded (appended);

in Appendix 3 to these Regulations, the title of the form shall be reworded as follows:

"The register of information on reports issued by __________________________________ (name of the body concerned)

to confirm that the purpose of the imported (that has already been imported) technological equipment, components and spare parts for it is for exclusive use in the territory of the Republic of Belarus for implementing an investment project, as well as to confirm the compliance with the terms established by international legal acts that make up the regulatory legal basis of the Customs Union and the Common Economic Space, and (or) acts constituting the right of the Eurasian Economic Union ";

in Appendix 4 to these Regulations, the title of the form  shall be reworded as follows:

"The register of information on reports issued by _______________________________________  (name of the body concerned)

to confirm that the purpose of the imported (that has already been imported) raw materials is for exclusive use in the territory of the Republic of Belarus for implementing an investment project, as well as to confirm the compliance with the terms established by international legal acts that make up the legal framework of the Customs Union and the Common Economic Space and (or) acts that make up the right of the Eurasian Economic Union. "

7.To  Introduce in clause 1.26 of the  United list of administrative procedures implemented by state bodies and other organizations with regard to legal entities and individual entrepreneurs approved by Resolution of the Council of Ministers of the Republic of Belarus No. 156 of February 17, 2012 "On Approval of the  Unified list of administrative procedures implemented by state bodies and other organizations with regard to legal entities and individual entrepreneurs, Introducing additions to the Resolution of the Council of Ministers of the Republic of Belarus No. 193 of February 14, 2009 and the recognition of some resolutions of the Council of Ministers of the Republic of Belarus as invalid "(National Register of Legal Acts of the Republic of Belarus, 2012, No. 35, 5/35330; National Legal Internet Portal of the Republic of Belarus, 26.02.2014 , 5/38471), the following amendments:

paragraph 1 of the column "Name of the administrative procedure" shall be reworded as follows:

"1.26 The issuance of a report

confirming that the purpose of

the imported (already imported)

technological

equipment, components

and spare parts for it

and (or) raw materials

is for exclusive

use in the territory

of the Republic of Belarus for

implementing an investment

project, as well as confirming the

compliance with the terms established

by international  legal

acts that make up the

legal framework of the

Customs Union and the Common

Economic Space,

and (or) acts that make up

the right of the Eurasian

Economic Union: ";

paragraph 4 of the column "List of documents and (or) information submitted by persons concerned to the authorized body for the implementation of the administrative procedure" of sub-clause 1.26.1 shall be reworded as follows:

"the completed form

of the Register of information on

reports issued

to confirm that the purpose

of the imported (already imported)

technological

equipment,

components and spare

parts to it is for

exclusive use

in the territory of the Republic of Belarus

for implementing an

investment project,

as well as

to confirm the compliance with the terms established

by international legal

acts that make up

the legal framework of

the Customs Union and

the Common Economic

Space, and (or)

acts that make up

the right of the Eurasian

Economic Union,

of the established pattern

in electronic form";

paragraph 6 of the  column "List of documents and (or) information submitted by persons concerned to the authorized body for the implementation of the administrative procedure" of sub-clause 1.26.2 shall be reworded as follows:

"the completed form

of the Register of information on reports

Issued to confirm that the purpose

of the imported (already imported)

raw materials is for

exclusive use in

the territory of

the Republic of Belarus

for implementing

an investment project,

as well as

to confirm the compliance with

the terms established by

international legal

acts that make up  the

legal framework of

the Customs Union and

 the Common Economic Space

 and (or) acts that

make up the right

of the Eurasian Economic Union,

of the established pattern

in electronic form".

  1. To recognize as invalid:

Decree of the Council of Ministers of the Republic of Belarus No. 1058  of August 6, 2011 "On measures to implement Decree of the President of the Republic of Belarus No. 4 of June 6, 2011 (The National Register of Legal Acts of the Republic of Belarus, 2011, No. 91, 5/34272) ;

Decree of the Council of Ministers of the Republic of Belarus No. 774 of August 30, 2013 "On Additions and Amendments to the Regulations on the Procedure for Conclusion, Amendment and Termination of Investment Contracts with the Republic of Belarus" (The National Legal Internet Portal of the Republic of Belarus, 05.09.2013, 5/37756);

Clause 4 of the Resolution of the Council of Ministers of the Republic of Belarus No. 149 of February 19, 2014 "On Approval of the Regulations on the Procedure for Confirming the Terms for the Application of Exemption from Import Customs Duties and (or) Value Added Tax with regard to Imported (that have already been Imported) technological equipment, components and spare parts for it and (or) raw materials, as well as making amendments and additions to the Decrees of the Council of Ministers of the Republic of Belarus of August 6, 2011 No. 1058 and of February 17, 2012 N 156 "(The National Legal Internet Portal of the Republic of Belarus, 26.02.2014, 5/38471).

  1. The Republican state administration bodies, other state organizations subordinate to the Government of the Republic of Belarus, the Administration of the President of the Republic of Belarus, regional (Minsk city) executive committees that have concluded investment contracts, shall take measures to implement this Resolution.
  2. This Resolution comes into force after its official publication. 

Prime Minister of the Republic of Belarus A.Kobyakov

Appendix 

to the report confirming

that the purpose of the  imported (already imported)

technological equipment, components

and spare parts for it

is for exclusive use

in the territory of the Republic of Belarus

 for implementing

an investment project,

as well as confirming the compliance

of the terms established by

international legal acts,

that make up the legal framework of

the Customs Union and

the Common Economic Space,

 and (or) acts that make up

the right of the Eurasian Economic Union

(as amended by Resolution

of the Council of Ministers

of the Republic of Belarus

No. 563 of July 19, 2016)

The form

SPECIFICATION

to the report of ___ ___________ 20__ . No. ___________,

confirming that the purpose of the imported (already imported) technological 

equipment, components and spare parts for it is for exclusive

use in the territory of the Republic of Belarus for implementing

an investment project, as well as for confirming the compliance of the terms

established by international legal acts that make up the legal

framework of the Customs Union and the Common Economic Space,

and (or) acts that make up the right of the Eurasian Economic Union

Name of the technological equipment, and (or)  components, and (or) spare parts for it

Quantity of goods

Unit of measure

Value of goods in the currency specified in the agreement (contract)

Currency specified in the  agreement (contract)

1

2

3

4

5

__________________________________________  __________ ___________________

(head (deputy head)                                      (signature) (initials, surname)

of the republican body of government

administration, other state

organization subordinate to the Government of

the Republic of Belarus, Administration of

the President of the Republic of Belarus,

regional (Minsk city)

executive committee)

Official stamp

Note. Each sheet of the Specification shall be stamped..

Appendix 

to the report confirming

that the purpose of the  imported (already imported) raw materials

is for exclusive use

in the territory of the Republic of Belarus

for implementing an investment project,

as well as confirming the compliance of the terms established by

international legal acts that make up the legal framework of

the Customs Union and

the Common Economic Space,

 and (or) acts that make up

the right of the Eurasian Economic Union

(as amended by Resolution

of the Council of Ministers

of the Republic of Belarus

No. 563 of July 19, 2016)

The form 

SPECIFICATION

to the report of ___ ___________ 20__ . No. ___________,

confirming that the purpose of the imported (already imported) raw materials

is for exclusive use in the territory of the Republic of Belarus for implementing

an investment project, as well as for confirming the compliance of the terms

established by international legal acts that make up the legal

framework of the Customs Union and the Common Economic Space,

and (or) acts that make up the right of the Eurasian Economic Union 

Name of the raw materials

Quantity of goods

Unit of measure

Value of goods in the currency specified in    the agreement (contract)

Currency specified in the agreement (contract)

1

2

3

4

5

__________________________________________ __________  ___________________

(head (deputy head)                              (signature)  (initials, surname)

of the republican body of government

administration, other state

organization subordinate to the Government of

the Republic of Belarus, Administration of

the President of the Republic of Belarus,

regional (Minsk city)

executive committee)

Official stamp

Note. Each sheet of the Specification shall be stamped..

APPROVED

Resolution of

the Council of Ministers of

the Republic of Belarus

19.07.2016 No. 563 

REGULATIONS
ON THE PROCEDURE FOR CONCLUDING, AMENDING AND TERMINATING INVESTMENT CONTRACTS BETWEEN THE INVESTOR (INVESTORS AND THE REPUBLIC OF BELARUS

CHAPTER 1
GENERAL PROVISIONS

  1. These Regulations determine the procedure for concluding, amending and terminating investment contracts between the investor (investors) and the Republic of Belarus (hereinafter referred to as investment contracts).
  2. For the purposes of these Regulations, all information shall be sent to the investor (investors) to the latest address he (they) announced to the republican state administration body, other state organization subordinate to the Government of the Republic of Belarus, the Administration of the President of the Republic of Belarus (hereinafter - the state body), the regional (Minsk city) executive committee (hereinafter - the executive committee) that concluded the investment contract.

CHAPTER 2
CONCLUSION OF AN INVESTMENT CONTRACT ON THE BASIS OF THE DECISION OF THE GOVERNMENT BODY, THE EXECUTIVE COMMITTEE 

  1. To conclude an investment agreement, an investor (investors) shall submit an application, signed by the investor (investors) for an investment contract to:

the government body, the executive committee in accordance with their competence - in the event that the investor (investors) and (or) the organization implementing the investment project (hereinafter referred to as the organization) have no claim for a land plot for the construction of facilities provided for in the investment project;

the government body, the executive committee, indicated in the list of sites that are  intended for the subsequent provision to investors and (or) organizations for the constructions of facilities provided for in investment contracts concluded with the Republic of Belarus (hereinafter - the list of sites for the implementation of investment projects) – in the event that the investor (investors) and (or) the organization have a claim for a land plot for the construction of facilities provided for in the investment project.

On behalf of the investor (investors), the application can be submitted to the government body or the executive committee by an organization or other entity authorized by the investor (investors).

In the application for the conclusion of an investment agreement the following information shall be indicated:

on the location and the area of the land plot included in the list of sites for the implementation of investment projects – in the event that the investor (investors) and (or) the organization have a claim for a land plot for the construction of facilities provided for in the investment project;

on the available experience (if any) of the investor (investors) and (or) organization in implementing investment projects, public-private partnership projects, in effecting investments on the basis of concessions in the territory of the Republic of Belarus and in other countries.

  1. The following documents shall be attached to the application for concluding an investment agreement:

a draft investment agreement signed by the investor (investors), including its electronic copy;

a copy (without notarization) of the certificate of state registration of the investor (investors) (for legal entities and individual entrepreneurs-residents of the Republic of Belarus), an extract from the trade register of the country where the investor (investors) is located,  or other equivalent proof of the legal status  of the investor (investors) in accordance with the legislation of the country of his location (for legal entities - non-residents of the Republic of Belarus, foreign organizations that are not legal entities) issued not later than three months before the date of registration of the application for the conclusion of the investment contract;

certified in the established order a copy of the identity document of the investor (investors) (for natural persons);

prepared in accordance with the law requirements copies (without notarization) of documents confirming the intention of the investor (investors) to conclude an investment contract, as well as documents confirming the authority of the person (persons) that signed the draft investment contract for its signing (for legal entities, foreign organizations that are not legal entities);

prepared in accordance with the law requirements copies (without notarization) of the constituent documents of the investor (investors) (for legal entities, foreign organizations that are not legal entities);

prepared in accordance with the law requirements copies (without notarization) of the audit report (for legal entities - residents of the Republic of Belarus), or the report based on the results of the financial Due Diligence, or the audit report of the international standard ISA 700 with translation into Belarusian or Russian (for legal entities - non-residents of the Republic of Belarus, foreign organizations that are not legal entities) for the two years preceding the date of registration of the application on the conclusion of an investment contract, and for an investor (investors) from the date of the creation of which less than two years has passed - for the period of activity containing an assessment of the financial condition of the investor (investors), his capacity to implement the declared investments, the bank's statement of the balance of funds in the banking accounts, letters of banks and (or) other documents (if any) confirming the intentions of creditors (banks) and other persons to provide funds for the implementation of the investment project in the form of credits, loans with an indication of the estimated amounts of the funds provided and the terms of their provision;

financial and economic justification of the investment project containing information on the investment object, the timing of the investment project and the expected socio-economic effect, other information that characterizes the investment project (at the discretion of the investor ( investors). The financial and economic justification of the investment project shall be drawn up in accordance with the model form approved by the Ministry of Economy, taking into account the specifics of the implementation of economic activities in the framework of investment project and the specifics of the investment project.

In the event of submitting an application for the conclusion of an investment contract and  (or) documents specified in the first part of this clause not in the official languages of the Republic of Belarus, such an application and (or) documents must be translated into Belarusian or Russian. The validity of the translation or the authenticity of the translator's signature shall be notarized.

The documents, specified in  part one of this clause, issued in the territory of another state shall be legalized in diplomatic representations or consular offices of the Republic of Belarus, unless otherwise stipulated by international treaties of the Republic of Belarus.

In the event that the draft investment agreement provides for its conclusion by two or more investors, the application for concluding an investment contract may be submitted by one of them. In this case, the documents, specified in paragraphs three to seven of part one of this clause, shall be submitted for each investor.

  1. In case of non-compliance with the requirements contained in clauses 3 and 4 of these Regulations, and also in case the land plot for which the investor (investors) and (or) organization is applying, is absent from the list of sites for implementation of investment projects, the application for concluding an investment contract with the documents attached to it within 5 working days from the date of its registration shall be returned to the investor (investors) with indication of the infringements committed. After elimination of the specified infringements the application on the conclusion of the investment contract may be presented repeatedly with observance of the requirements provided for in these Regulations.
  2. If within 30 calendar days from the date of registration with the government body or the executive committee of the application for the conclusion of an investment contract that involves the provision of a land plot included in the list of sites for the implementation of investment projects the government body or the executive committee did not receive other applications for conclusion of an investment contract that involves the provision of the same land plot, the government body or the executive committee proceeds to consider the application for concluding an investment contract in accordance with the procedure provided for by these Regulations without holding a tender for the selection of an investor (investors) for the conclusion of an investment contract.
  3. If within 30 calendar days from the date of registration with the government body or the executive committee of the application for the conclusion of an investment contract that involves the provision of a land plot included in the list of sites for the implementation of investment projects the government body or the executive committee received other applications for concluding an investment contract that presupposes the provision of the same land plot, the government body or the executive committee holds a tender for the selection of the investor (investors) for the conclusion of an investment contract in accordance with the procedure provided for by these Regulations on the tender for the selection of the investor (investors) for the conclusion of an investment contract between the investor (investors) and the Republic of Belarus approved by the resolution that approved these Regulations.
  4. Consideration of the application for the conclusion of an investment contract and notification of the investor (investors) on the results of this consideration shall be carried out by the government body, the executive committee:

no later than 30 calendar days from the date of registration of the application - in the event that the investor (investors) and (or) the organization does not apply for the provision of a land plot for the construction of facilities provided for in the investment project;

no later than 60 calendar days from the date of registration of the application - in the event that the investor (investors) and (or) the organization applies for the provision of a land plot for the construction of facilities provided for in the investment project. In this case, the conclusion of an investment contract is possible not earlier than 30 calendar days from the date of registration of the application for the conclusion of an investment contract.

The period for consideration of an application for the conclusion of an investment contract determined by part one of this clause (including taking into account its extension in accordance with part one of clause 16 of these Regulations) may be extended only once, but not more than for30 calendar days, in case there is need for further study of the terms of the investment contract and (or) the terms for the implementation of the investment project.

At the same time, the investor (investors) is sent a written notification on the extension of the period for consideration of the application for the conclusion of the investment contract:

no later than 30 calendar days from the date of registration of the application - in the event that the investor (investors) and (or) the organization does not apply for the provision of a land plot for the construction of facilities provided for in the investment project;

not earlier 30 calendar days and not later than 60 calendar days from the date of registration of the application - in the event that the investor (investors) and (or) the organization apply for the provision of a land plot for construction of facilities provided for in the investment project.

  1. An application for the conclusion of an investment contract with the documents attached to it shall be considered by the state body or the executive committee which ensures:

direct interaction with the investor (investors), the organization and (or) other entity authorized by the investor (investors), including the issues of conclusion of an investment contract, introduction into the draft of the investment contract of amendments and (or) additions (in consultation with the investor (investors) necessary for its conclusion;

receipt of the report of the mandatory legal examination conducted by the legal department of the government body, the executive committee, on the draft investment contract;

consideration of the draft investment contract by the structural divisions of the government body, the executive committee, in the competence of which there are issues related to the terms specified in the draft investment contract, including structural divisions that deal with  regulation and management in the financial and economic spheres (if any). Based on the results of such consideration, the structural division prepares a written position on the draft investment contract in writing, indicating the available comments and proposals, or initials the draft investment contract;

approval of the draft investment contract by the state authorities - in cases where the approval of the draft investment contract is provided by law. In this case, the decision on the approval of the draft investment contract shall be made within a period of not more than 10 working days from the date of receipt of the draft contract by the state authority.

The government body, the executive committee, in order to obtain the information necessary for making a decision on concluding an investment contract, shall interact with other government bodies, executive committees, including by sending relevant requests the period of informing on which must not exceed 10 calendar days from the date of receipt of the request.

10.Based on the results of consideration of the application for concluding an investment contract with the documents attached to it in accordance with clause 4 of these Regulations, the report received in accordance with the third paragraph of part 1 of clause 9 of these Regulations, and taking into account the results of the consideration of the draft investment contract in accordance with the fourth paragraph of part 1 of clause 9 of these Regulations and the results of the approval received in accordance with the fifth paragraph of part 1 of clause  9 of these Regulations:

the government body, the executive committee, takes a decision on concluding an investment agreement. At the same time, the investor (investors) is sent by registered mail with a notice of delivery or is handed in personally a letter of notification of the decision taken which is signed by the head (deputy head) of the government body, the executive committee;

the investor (investors) is notified in writing about the inexpediency of concluding an investment contract. Such notification shall be signed by the head (or by the authorized by him deputy head) of the government body, the executive committee and shall contain a justification for this inexpediency.

  1.  In the event that the investment contract provides for the implementation of several investment projects, the timing for the implementation of such investment projects shall be specified in the investment contract for each investment project.

The period of validity of the investment contract may be determined by a specific date or period of time, but not later than the date the investor fulfills the terms of such a contract.

The investment contract provides for:

responsibility of the investor (investors) and (or) the organization for violating the terms of the investment project (projects) and (or) the stages of its implementation (if any). The degree of such responsibility is determined taking into account the violation of one and (or) more stages of the implementation of the investment project, including the last one (if any), as well as the deadline for the implementation of the investment project <*>;

responsibility of the investor (investors) and (or) the organization for an unauthorized alteration of the functional and architectural concept of the facilities provided for by the investment contract during the term of the investment agreement.

The investment contract may contain information on the location and the area of the land plot where the investor (investors) and (or) organization plans the implementation of the investment project.

--------------------------------

<*> For the purposes of these Regulations, the deadline for the implementation of an investment project is the expiration date for the implementation of the investment project in accordance with the investment contract.

  1. The investment contract shall be signed by the head the authorized by him deputy head) of the government body, the executive committee, after the government body, the executive committee, takes the decision on the conclusion of the investment contract.
  2. The investment contract shall enter into force from the date of its state registration in the State Register of Investment Contracts with the Republic of Belarus.

CHAPTER 3
CONCLUSION OF AN INVESTMENT CONTRACT ON THE BASIS OF THE DECISION OF THE COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS IN AGREEMENT WITH THE PRESIDENT OF THE REPUBLIC OF BELARUS

  1. The conclusion of an investment contract on the basis of the decision of the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus shall be carried out in accordance with the procedure established by these Regulations for the conclusion of an investment contract on the basis of the decision of the government body or the executive committee, taking into account the specifics determined in clauses 15-20 of these Regulations.
  2. In order to conclude an investment contract on the basis of the decision of the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus, the following documents shall be attached to the application for concluding an investment contract:

the documents specified in paragraphs two to seven of part 1 of clause 4 of these Regulations;

a business plan of the investment project developed in accordance with the legislation;

other documents required for conducting a state complex examination of the investment project in accordance with the procedure established by the Council of Ministers of the Republic of Belarus.

  1. The period for consideration of an application for the conclusion of an investment contract and notification of the investor (investors) on the results of such an examination established by part 1 of clause 8 of these Regulations (including taking into account its extension in accordance with part 2 of clause 8 of these Regulations) may be extended for the period of carrying out  a state complex examination of investment projects in accordance with the procedure for conducting a state comprehensive examination of investment projects established by the Council of Ministers of the Republic of Belarus.

In this case the investor (investors) is sent a written notification on the extension of the period for consideration of the application for the conclusion of the investment contract:

no later than 30 calendar days from the date of registration of such application - in the event that the investor (investors) and (or) the organization does not apply for the provision of a land plot for the construction of facilities provided for in the investment project;

not earlier than 30 calendar days and not later than 60 calendar days from the date of registration of such application - in the event that the investor (investors) and (or) the organization applies for the provision of a land plot for construction of facilities provided for in the investment project.

  1. In case of a positive conclusion of the local expertise of the investment project <*> and subject to the approval of the draft investment contract by the state bodies in accordance with the fifth paragraph of part 1 of clause 9 of these Regulations, the state body, the executive committee, within 3 working days from the date of receipt of such conclusion and approvals, send the investment contract to:

the Ministry of Justice for conducting a mandatory legal expertise of the draft investment contract;

the Ministry of Economy for conducting a state comprehensive examination of the investment project.

Based on the results of the expert examinations, the Ministry of Justice and the Ministry of Economy send the relevant conclusions to the state body, the executive committee specified in part one of this clause.

--------------------------------

<*> For the purposes of these Regulations, a local expertise of an investment project means an examination conducted by the relevant state bodies, including the Ministry of Finance, the executive committee, creditors, lenders, as well as state scientific and technical expertise carried out by state expert councils established by the State Committee for Science and Technology.

  1. Based on the results of the consideration of the application for concluding an investment agreement with the documents attached to it in accordance with clause 15 of these Regulations, the report received in accordance with clause 17 of these Regulations, and also taking into account the results of the consideration of the draft investment contract in accordance with the fourth paragraph of part 1 of clause 9 of these Regulations, the results of the approval received in accordance with the fifth paragraph of part 1 of clause 9 of these Regulations:

the state body, the executive committee makes a decision on the preparation and submission to the Government of the Republic of Belarus of a draft resolution of the Council of Ministers of the Republic of Belarus on the conclusion of an investment contract. At the same time, the investor (investors) is sent by registered mail with a notification of delivery or handed in personally signed by the head (deputy head) of the state body, executive committee, notification of the decision. The state body and the executive committee shall ensure the preparation and submission in accordance with the established procedure to the Government of the Republic of Belarus of a draft resolution of the Council of Ministers of the Republic of Belarus, which is coordinated by the interested state bodies within 10 working days;

the investor (investors) is notified in writing about the inexpediency of initiating the conclusion of the investment contract. This notice is signed by the head (authorized by him deputy head) of the state body, executive committee and should contain a justification for such inexpediency.

  1.   The draft resolution of the Council of Ministers of the Republic of Belarus on concluding an investment contract should contain:

a preamble with the indication of the norm of the Decree of the President of the Republic of Belarus No. 10 of August 6, 2009 "On the creation of additional conditions for investment in the Republic of Belarus" (National Register of Legal Acts of the Republic of Belarus, 2009, No. 188, 1/10912) with which it is proposed to adopt a decision of the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus;

provisions:

on the conclusion of the investment contract attached to this resolution;

full name (for legal entities, foreign organizations that are not legal entities), surname, own name, patronymic (if any) (for natural persons) of the investor (investors) with whom the investment contract is concluded;

on the name of the investment project;

on the state body, executive committee, authorized to sign the investment contract;

on the procedure for confirming the right to apply privileges and (or) preferences (if necessary);

on the date of entry into force of the resolution of the Council of Ministers of the Republic of Belarus.

The state body, the executive committee submitting the draft resolution of the Council of Ministers of the Republic of Belarus together with the documents attached in accordance with the legislation for this type of draft legal act additionally attach to this project:

copies of documents submitted in accordance with clause 15 of these Regulations;

copies of reports received in accordance with clause 17 of these Regulations;

a copy of the decision made by the state body, the executive committee, stipulated by the second paragraph of clause 18 of these Regulations.

If there are proposals and (or) comments on the draft resolution of the Council of Ministers of the Republic of Belarus and (or) on the draft investment contract received after the submission to the Government of the Republic of Belarus and (or) in the process of coordination with the President of the Republic of Belarus, the draft resolution of the Council of Ministers of the Republic of Belarus is returned to the state body, the executive committee that carried out its preparation and submission, for revision, indicating the available proposals and (or) comments and after their elimination, in agreement with the investor (investors), can be re-submitted.

  1. The investment contract is signed by the head (in his absence - by the authorized deputy head) of the state body, the executive committee, authorized to sign the investment contract, after the adoption of the resolution of the Council of Ministers of the Republic of Belarus on the conclusion of the investment contract.

CHAPTER 4
CONCLUSION OF AN ADDITIONAL AGREEMENT TO THE INVESTMENT CONTRACT

  1. The conclusion of an additional agreement to the investment contract is carried out in the manner established by this Regulation for concluding an investment contract, taking into account the specifics specified in paragraphs 22-24 of these Regulations.
  2. In order to conclude an additional agreement to the investment contract, the investor (investors) applies to the state body, the executive committee that concluded the investment contract, with the application for concluding an additional agreement to the investment contract signed by the investor (investors).

On behalf of the investor (investors), the application can be submitted to the state body, executive committee by an organization or other entity authorized by the investor (investors).

  1. In order to conclude an additional agreement to the investment contract, submission of the documents specified in the third, fourth, sixth paragraphs of part 1 of clause 4 of these Regulations is not required.

In case the additional agreement to the investment contract provides for the change of the boundaries of the land plot granted to the investor (investors) and (or) the organization for the construction of facilities provided for by the investment contract, the relevant changes in the investment contract are made with the inclusion of an additional land plot in the list of sites for sale.

In the event that an additional agreement to an investment contract provides for the granting of privileges and (or) preferences to the investor (investors) and (or) the organization not specified in the Decree of the President of the Republic of Belarus No. 10  of August 6, 2009, other legislative acts, it is necessary to submit an actualized business -plan of the investment project (in case the investment contract is concluded on the basis of the decision of the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus) or the business plan of the investment project (in the event that the investment contract is concluded on the basis of the decision of the state body, the executive committee), as well as other documents necessary for conducting a state comprehensive examination of the investment project in accordance with the procedure established by the Council of Ministers of the Republic of Belarus. The submission of the document specified in the eighth paragraph of part 1 of clause 4 of these Regulations is not required. The conclusion of such additional agreement to the investment contract is carried out on the basis of the decision of the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus.

If necessary, the state body, the executive committee has the right to request from the investor (investors) other documents confirming the expediency and validity of making amendments and (or) additions to the investment contract.

  1. Consideration of the application for the conclusion of an additional agreement to the investment contract is carried out by the state body, the executive committee in case of registration of such an application in the state body, executive committee before the date of the decision to terminate (cancel) the investment contract.

If the investor (investor) appeals to the state body, the executive committee with the application for the conclusion of an additional agreement to the investment contract after the expiration date of the investment contract, consideration of such application is not considered; the application with the documents attached to it is returned to the investor (investors) within 5 working days from the date of its registration.

CHAPTER 5
TERMINATION OF INVESTMENT CONTRACT

  1. Termination of the investment contract upon the decision of the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus, the state body, the executive committee is carried out for one of the following reasons:

execution by the investor (investors) of the obligations under the investment contract;

expiration of the investment contract;

liquidation of the investor, decision-made on the liquidation (termination) of the investor (investors) (for legal entities, foreign organizations that are not legal entities, sole proprietors), the recognition of the investor (investors) as missing, the announcement of the deceased, the death of the investor (investors) (for natural persons);

termination of the investment contract by agreement of the parties;

termination of the investment contract under the unilateral refusal of the Republic of Belarus to fulfill its obligations under the investment contract.

  1. Consideration of the termination of the investment contract and notification of the investor (investors) on the results of such consideration shall be made no later than 30 calendar days from the date of the reason for termination of the investment contract and (or) receipt by the state body, executive committee of relevant documents (information) indicating the occurrence of reasons for termination of the investment contract.
  2. If there is a reason specified in the second paragraph of clause 25 of these Regulations, the investor (investors) shall put in an application for termination of the investment contract, signed by the investor (investors), to the state body, the executive committee that concluded the investment contract. At the same time, documents confirming the fulfillment by the investor (investors) of their obligations under the investment contract shall be attached to the application for termination of the investment contract.

On behalf of the investor (investors), the application can be submitted to the state body or the executive committee by an organization or other entity authorized by investor (investors).

The application and the documents specified in part 1 of this clause are considered by the state body, the executive committee.

Based on the results of such an examination:

the state body, the executive committee, decides to terminate the investment contract - in the event that such an investment contract is concluded on the basis of a decision of the state body, the executive committee. At the same time, the investor (investors) is sent by registered mail with a notification of delivery or is handed in personally signed by the head (deputy head) of the state body, the executive committee a notification on the decision on the day following the day of making such a decision;

the state body, the executive committee shall make a decision on the preparation and submission to the Government of the Republic of Belarus of a draft resolution of the Council of Ministers of the Republic of Belarus on termination of the investment contract - if such an investment contract is concluded on the basis of a decision of the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus. At the same time, the investor (investors) is sent by registered mail with a notification of delivery or is handed in personally signed by the head (deputy head) of the state body, executive committee, a notification on the decision. The state body, the executive committee, within 20 working days from the date of adoption of such decision, ensures the preparation and submission in the established order to the Government of the Republic of Belarus of a draft resolution of the Council of Ministers of the Republic of Belarus, which is coordinated by the interested state bodies within 10 working days;

the investor (investors) shall be notified in writing about the inexpediency of termination (initiation of the decision on termination) of the investment contract on the grounds specified in the second paragraph of clause 25 of these Regulations. This notification is signed by the head (authorized by him deputy head) of the state body, the executive committee, and should contain a justification for such inexpediency.

  1. If there is a reason specified in the third paragraph of clause 25 of these Regulations and if the investor (investors) does not submit to the state body, the executive committee, in accordance with the procedure established by these Regulations, an application for concluding an additional agreement to the investment contract, the issue of termination of the investment contract shall be considered by the state body, the executive committee.

Based on the results of such consideration, the state body, the executive committee, takes a decision:

on the termination of the investment contract - in the event that such an investment contract is concluded on the basis of a decision of the state body, the executive committee. At the same time, the investor (investors) is sent by registered mail with a notification of delivery or is handed in personally, signed by the head (deputy head) of the state body, the executive committee, a notification on the decision on the day following the day of making such a decision. At the same time, the investor (investors) and (or) the organization is sent by registered mail with a notification of delivery or is handed in personally the demand for compensation to the Republic of Belarus and its administrative-territorial units of the amounts of benefits and (or) preferences, payment of penalties (fine, fees) provided for by the investment contract, unless otherwise specified by the first part of  sub-clause 6.1 of clause 6 of the Decree of the President of the Republic of Belarus No. 10 of August 6, 2009;

on the preparation and submission to the Government of the Republic of Belarus of a draft resolution of the Council of Ministers of the Republic of Belarus on termination of the investment contract - if such an investment contract is concluded on the basis of a decision of the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus. At the same time, the investor (investors) is sent by registered mail with a notification of delivery or is handed in personally, signed by the head (deputy head) of the state body, executive committee, notification on the decision. The state body, the executive committee, within 20 working days from the date of adoption of such decision, ensures the preparation and submission in the established order to the Government of the Republic of Belarus of a draft resolution of the Council of Ministers of the Republic of Belarus, which is coordinated by the interested state bodies within 10 working days.

If the investor (investor) admits to the state body, the executive committee, in accordance with the procedure established by this Regulation, an application for concluding an additional agreement to the investment contract, the state body, the executive committee, shall consider such an application in accordance with the procedure established by these Regulations.

  1. If there is a reason specified in the fourth paragraph of clause 25 of these Regulations, the issue of termination of the investment contract shall be considered by the state body, the executive committee.

Based on the results of such consideration, the state body, the executive committee, takes a decision:

on the termination of the investment contract - in the event that such an investment contract is concluded on the basis of a decision of the state body, the executive committee. At the same time, the investor (investors) is sent by registered mail with a notification of delivery or is handed in personally, signed by the head (deputy head) of the state body, the executive committee, a notification on the decision on the day following the day of making such a decision. At the same time, the investor (investors) and (or) the organization is sent by registered mail with a notification of delivery or is handed in personally the demand for compensation to the Republic of Belarus and its administrative-territorial units of the amounts of benefits and (or) preferences, payment of penalties (fine, fees) provided for by the investment contract, unless otherwise specified by the first part of sub-clause  6.1 of clause 6 of the Decree of the President of the Republic of Belarus No. 10 of August 6, 2009;

on the preparation and submission to the Government of the Republic of Belarus of a draft resolution of the Council of Ministers of the Republic of Belarus on termination of the investment contract if such an investment contract is concluded on the basis of a decision of the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus. At the same time, the investor (investors) is sent by registered mail with a notification of delivery or is handed in, personally signed by the head (deputy head) of the state body, the executive committee, a notification on the decision. The state body, the executive committee, within 20 working days from the date of adoption of such decision, ensures the preparation and submission in the established order to the Government of the Republic of Belarus of a draft resolution of the Council of Ministers of the Republic of Belarus, which is coordinated by the interested state bodies within 10 working days.

  1. For the purposes of cancellation of an investment contract on the basis specified in the fifth paragraph of clause 25 of these Regulations, the investor (investors) shall put in an application for the cancellation of the investment contract signed by the investor (investors) to the state body or the executive committee that concluded the investment contract.

On behalf of the investor (investors), the application can be submitted to the state body or the executive committee, by an organization or other entity authorized by the investor (investors).

Such an application shall be accompanied by:

a draft agreement on cancellation of the investment contract by agreement of the parties, signed by the investor (investors);

a justification of the need for cancellation of the investment contract by agreement of the parties;

copies of documents confirming the authority of the person (persons) who signed the draft agreement on the cancellation of the investment contract by agreement of the parties for its signing (for legal entities, foreign organizations that are not legal entities) prepared in accordance with the requirements established by law.

The application and the documents specified in the second part of this clause shall be considered by the state body, the executive committee.

Based on the results of such an examination:

the state body, the executive committee, takes a decision on the cancellation of the investment contract - in the event that such an investment contract is concluded on the basis of a decision of the state body, the executive committee. At the same time, the head (authorized by him deputy head) of the state body, the executive committee, that concluded the investment contract, and the investor (investors) sign an agreement on the cancellation of an investment contract by agreement of the parties; the investor (investors) is sent by registered mail with a notification of delivery or is handed in personally against signature the signed by the head (deputy head) of the state body, the executive committee notification of the decision on the day following the day of making such a decision. At the same time, the investor (investors) and (or) the organization is sent by registered mail with a notification of delivery or handed personally against signature the demand for compensation to the Republic of Belarus and its administrative-territorial units of the amounts of benefits and (or) preferences, payment of penalties (fine, fees) provided for by the investment contract, unless otherwise specified by the first part of sub-clause 6.1 of clause 6 of the Decree of the President of the Republic of Belarus No. 10  of August 6, 2009;

the state body, the executive committee, makes a decision to prepare and submit to the Government of the Republic of Belarus a draft resolution of the Council of Ministers of the Republic of Belarus on the cancellation of the investment contract - if such an investment contract is concluded on the basis of a decision of the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus. At the same time, the investor (investors) is sent by registered mail with a notification of delivery or is handed in personally against signature the notification on the decision signed by the head (authorized by him the deputy head) of the state body, the executive committee. The state body, the executive committee, within 20 working days from the date of adoption of such decision, ensures the preparation and submission in the established order to the Government of the Republic of Belarus of a draft resolution of the Council of Ministers of the Republic of Belarus, which is coordinated by the interested state bodies within 10 working days. The agreement on the cancellation of the investment contract by agreement of the parties  is signed by the head (in his absence - by the authorized deputy head) of the state body and the executive committee, authorized by the resolution of the Council of Ministers of the Republic of Belarus to take the necessary measures related to the termination (cancellation) of the investment contract and the investor (investors) after the adoption of the resolution of the Council of Ministers of the Republic of Belarus;

the investor (investors) is notified in writing about the inexpediency of cancellation (initiating the decision on cancellation) of the investment contract on the grounds specified in the fifth paragraph of clause 25 of these Regulations. This notification is signed by the head (authorized by him deputy head) of the state body, executive committee and should contain a justification for such inexpediency.

  1. For the purposes of cancellation of the investment contract on the basis specified in the 6th paragraph of clause 25 of these Regulations, no later than 30 calendar days before the adoption of the decision to cancel the investment contract the state body, executive committee, that concluded the investment contract shall notify the investor (investors) in writing about the forthcoming decision indicating the reason and justification for its adoption.

After 30 calendar days from the date of sending the investor (investors) a written notice specified in part 1 of this clause, and if during this period, in accordance with the procedure set forth in these Regulations, the investor (investors) does not turn to the state body, the executive committee, with an application for concluding an additional agreement to investment contract, the issue of cancellation of the investment contract shall be considered by the state body, the executive committee.

Based on the results of such consideration, the state body, the executive committee, takes a decision:

on the cancellation of the investment contract - in the event that such an investment contract is concluded on the basis of the decision of the state body, the executive committee. In this case the investor (investors) is sent by registered mail with a notification of delivery or is handed in personally a notice, signed by the head (deputy head) of the state body, the executive committee, about the decision on the day following the day of making such a decision. At the same time, the investor (investors) and (or) the organization is sent by registered mail with a notification of delivery or is handed in personally against the signature a demand for compensation to the Republic of Belarus and its administrative-territorial units of the amounts of benefits and (or) preferences, payment of penalties (fine, fees) provided for by the  investment contract, unless otherwise specified by the first part of sub-clause 6.1 of clause 6 of the Decree of the President of the Republic of Belarus No. 10 of August 6, 2009;

on preparation and submission to the Government of the Republic of Belarus of a draft resolution of the Council of Ministers of the Republic of Belarus on the cancellation of an investment contract - in the event that such an investment contract is concluded on the basis of a decision of the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus. At the same time, the investor (investors) is sent by registered mail with a notification of delivery or is handed in personally a notification of the decision signed by the head (deputy head) of the state body, executive committee, notification of the decision. The state body, the executive committee, within 20 working days from the date of adoption of such decision, ensures the preparation and submission in the established order to the Government of the Republic of Belarus of a draft resolution of the Council of Ministers of the Republic of Belarus, which is coordinated by the interested state bodies within 10 working days.

If the investor (investor) turns to the state body, the executive committee, within the period specified in part two of this clause and in accordance with the procedure established by these Regulations, with an application for concluding an additional agreement to the investment contract, the state body, the executive committee, shall consider such an application in the manner established by these Regulations.

  1. The decision of the state body, the executive committee, on the termination (cancellation) of the investment contract must contain:

the reason for the termination of the investment contract in accordance with clause 25 of these Regulations;

the fact of failure or improper fulfillment by the investor (investors) of the obligations under the investment contract - in the event of the termination of the investment contract on the grounds specified in paragraphs three - six of clause 25 of these Regulations.

  1. The draft resolution of the Council of Ministers of the Republic of Belarus on termination (cancellation) of an investment contract must contain:

preamble with the indication of the norm of the Decree of the President of the Republic of Belarus No. 10 of August 6, 2009 according to which it is proposed to adopt a resolution of the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus;

provisions:

on the termination (cancellation) of the investment contract with indication of the grounds for termination of the investment contract in accordance with clause 25 of these Regulations, as well as provisions about the fact of failure or improper fulfillment by the investor (investors) of the obligations under the investment contract (in the event of the termination of the investment contract on the grounds indicated in paragraphs three - six of clause 25 of these Regulations);

on the full name (for legal entities, foreign organizations that are not legal entities), surname, own name, patronymic (if any) (for natural persons) of the investor (investors) with which the investment contract is cancelled terminated (cancelled);

on the date of state registration of the investment contract in the State Register of Investment Contracts with the Republic of Belarus and the identification code (number) assigned to the investment contract;

on the name of the investment project;

on the definition of a state body or executive committee authorized to take the necessary measures related to the termination (cancellation) of the investment contract;

on the date of entry into force of the resolution of the Council of Ministers of the Republic of Belarus.

The state body, the executive committee, implementing the draft resolution of the Council of Ministers of the Republic of Belarus, together with the documents attached in accordance with the legislation for this type of draft legal act, shall additionally attach to this project:

a copy of the decision of the state body, the executive committee, on the preparation and submission to the Government of the Republic of Belarus of the draft resolution of the Council of Ministers of the Republic of Belarus on termination (cancellation) of the investment contract;

a copy of the application for termination (cancellation) of the investment contract - in the event of termination of the investment contract on the grounds specified in paragraphs two and five of clause 25 of these Regulations;

copies of documents confirming the fulfillment by the investor (investors) of the obligations under the investment contract - in the event of termination of the investment contract on the grounds specified in the second paragraph of clause 25 of these Regulations;

copies of the documents specified in paragraphs two - four of part three of clause 30 of these Regulations - in the event of termination of the investment contract on the grounds specified in the fifth paragraph of clause 25 of these Regulations;

other documents (if necessary).

If any comments and (or) proposals on the draft resolution of the Council of Ministers of the Republic of Belarus are made after it has been submitted to the Government of the Republic of Belarus and (or) in the process of coordination with the President of the Republic of Belarus, the draft resolution of the Council of Ministers of the Republic of Belarus shall be returned to the state body, the executive committee, that executed its preparation and introduction, for revision with indication of available proposals and (or) comments and after their elimination can be introduced again.

  1. After the adoption of the resolution of the Council of Ministers of the Republic of Belarus on the termination of the investment contract, the state body, the executive committee, authorized by the resolution of the Council of Ministers of the Republic of Belarus to take the necessary measures related to the termination (cancellation) of the investment contract, sends, on the day following the adoption of such resolution, the investor (investors) by registered mail with a notification of delivery or hands in personally against signature a notification, signed by the head (deputy head) of the state body, executive committee, on the adopted resolution of the Council of Ministers of the Republic of Belarus. At the same time, the investor (investors) and (or) the organization is sent by registered mail with a notification of delivery or is handed in personally against signature the demand for compensation to the Republic of Belarus and its administrative-territorial units of the amounts of benefits and (or) preferences, payment of penalties (fine, fees)provided for by the investment contract, unless otherwise specified by the first part of sub-clause 6.1 of clause 6 of the Decree of the President of the Republic of Belarus No. 10 of August 6, 2009.
  2. The date of the termination of the investment contract shall be considered the date of adoption of the resolution of the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus, the state body, the executive committee on termination of the investment contract, unless another date is specified in such resolution.

In the event of a court decision to terminate an investment contract, the date of the termination of the investment contract shall be the effective date of such judicial decision.

APPROVED BY

Resolution of

the Council of Ministers of

the Republic of Belarus

07/19/2016 No. 563

REGULATIONS
ON THE TENDER FOR SELECTION OF INVESTOR (INVESTORS) FOR CONCLUSION OF   INVESTMENT CONTRACT BETWEEN INVESTOR (INVESTORS) AND THE REPUBLIC OF BELARUS

CHAPTER 1
GENERAL PROVISIONS 

  1. The present Regulations determine the procedure for organizing and holding a tender for the selection of an investor (investors) for the conclusion of an investment contract between an investor (investor) and the Republic of Belarus (hereinafter referred to as a tender).
  2. The subject of the tender is selection of the investor (investors) for concluding an investment contract between the investor (investors) and the Republic of Belarus (hereinafter - the investment contract).
  3. The tender is held by a tender committee set up in the republican government body, another state organization subordinate to the Government of the Republic of Belarus, the Office of the President of the Republic of Belarus (hereinafter, unless otherwise indicated, state bodies), the regional (Minsk city) executive committee (hereinafter, unless otherwise indicated, executive committees) specified in the list of sites intended for subsequent provision to investors and (or) organizations implementing investment projects for the construction of facilities provided for in the investment contracts concluded with the Republic of Belarus (hereinafter - the list of sites for the implementation of investment projects) if there are two or more investors claiming to conclude an investment contract that involves the implementation of an investment project on the same land plot included in the list of sites for the implementation of investment projects.

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<*> For the purposes of these Regulations, a tender committee is understood as a committee set up in a state body, an executive committee, for organizing and holding tenders. 

  1. The state body, the executive committee, in accordance with the procedure established by legislation, considers appeals of investors on issues of the organization and holding of the tender, and the decisions taken by the tender committee.

CHAPTER 2
TENDER COMMITTEE

  1. The tender committee is set up in the state body, the executive committee, and consists of not less than 7 people.

The composition of the tender committee, in addition to representatives of the state body, the executive committee, may include representatives of other state bodies, deputies of the relevant local Councils of Deputies.

The personal composition of the tender committee and the rules of work of the tender committee are determined by the state body, the executive committee.

The secretary of the tender committee is appointed from among the members of the tender committee when its members are selected. The secretary of the tender committee must be an employee of the state body, the executive committee, in which the tender committee is set up.

  1. In its activity the tender committee is guided by these Regulations, other acts of legislation. 

Collection, processing, storage and use of information in the work of the tender committee are carried out in accordance with the legal regime of such information.

  1. The task of the tender committee is to determine the winner of the tender.
  2. In order to realize its task, the Tender Committee:

checks compliance of investors with the requirements for participants in the tender in the form of preliminary sessions of the tender committee;

decides on admission (non-admission) of investors to participate in the tender and informs them of the decision taken;

interacts with state bodies, executive committees, for the purpose of organizing and holding a tender;

organizes and holds tenders in the form of sessions of the tender committee;

evaluates the bids of investors admitted to participation in the tender (hereinafter - the tender participants);

announces the winner of the tender;

performs other functions, including those related to the operation of the tender committee, organization and holding of the sessions of the tender committee. 

  1. Preliminary sessions of the tender committee, the sessions of the tender committee are held as required.
  2. A preliminary session of the tender committee, the session of the tender committee are considered valid if at least two-thirds of the committee's membership took part in each of them.
  3. The participants of the tender or other persons, authorized by them in the established order, are present at the session of the tender committee at which it is planned to consider the bids of these tender participants.
  4. The tender committee takes the following decisions: 

to allow the investor (investors) to participate in the tender - if the investor (investors) meets the requirements set forth in these Regulations for the tender participants and the documents submitted by the investor (investors) for the conclusion of the investment contract contain reliable and complete information;

to prevent the investor (investors) from participating in the tender - in the event that the investor (investors) does not meet the requirements set forth in these Regulations for the tender participants and (or) the documents submitted by the investor (investors) for the conclusion of the investment contract contain an unreliable and (or ) incomplete information;

to debar the tender participant from participation in the tender and not to consider his bid - in the event that the bid of the tender participant does not meet the requirements set forth in these Regulations for the tender offer;

to declare the winner of the tender;

to declare the tender unproductive - in the event that none of the bids is in compliance with the requirements set forth in these Regulations for the tender bid and (or) the criteria for evaluating the bids, and (or) their quantitative parameters (if such parameters are determined by the state body, executive committee);

to recognize the contest as failed - in the event that no investor has been admitted to participate in the tender, or only one investor has been admitted to participate in the tender, or only one tender participant or another person authorized by him in accordance with the established procedure has registered for participation in the tender, or none of the participants in the tender or other persons authorized by them in accordance with the established procedure has appeared (has failed to register).

  1. Decisions of the tender committee are made by open vote by a simple majority of votes from the number of those present. 

If the votes are equal, the decision for which the chairman of the tender committee voted is considered to be adopted. 

  1. Based on the results of the preliminary session of the tender committee, the session of the tender committee, the minutes of the preliminary session of the tender committee, the session of the tender committee are drawn up. 

The minutes of the preliminary session of the tender committee, the session of the tender committee are drawn up by the secretary of the tender committee within 3 working days from the date of the preliminary session of the tender committee, the session of the tender committee and signed by the chairman of the tender committee, the secretary of the tender committee.

The minutes of the preliminary session of the tender committee, the session of the tender committee shall contain the following information:

about the date, time and place of the preliminary session of the tender committee, the session of the tender committee;

on the decision taken by the tender committee, with the justification for the adoption of such a decision;

about the persons present at the preliminary session of the tender committee, the session of the tender committee, including information about the members of the tender committee.

In the event that the tender committee adopts a decision stipulated by the fifth paragraph of clause 12 of these Regulations, the minutes of the session of the tender committee shall also include:

tender participants;

criteria for evaluating bids, their quantitative parameters (in case such parameters are determined by the state body, executive committee);

the main characteristics of investment projects of the tender participants;

the winner of the tender;

characteristics of the investment project, in accordance with which the tender participant was declared the winner of the tender.

CHAPTER 3
ORGANIZATION AND HOLDING OF THE TENDER 

  1. Prior to the tender, a preliminary session of the tender committee is held at which the tender committee checks the compliance of investors with the requirements set forth in these Regulations for the tender participants, based on the documents specified in the third, fourth, seventh paragraphs of part one of clause 4 of the Regulations on the procedure for concluding, amending and terminating investment contracts between the investor (investors) and the Republic of Belarus.

Investors - legal entities, foreign organizations that are not legal entities, must meet the following requirements to the tender participants:

not to be in the process of liquidation, reorganization (except for reorganization in the form of accession), their property should not be seized, their financial and economic activities should not be suspended in accordance with the legislation of the Republic of Belarus, the legislation of the country of their establishment or location;

with regard to them there should be made no legally enforceable decision to recover from them the amounts of reimbursement of benefits, preferences and (or) penalties (fines, fees) (in the event of termination of the investment contract on grounds other than the implementation by the investor (investors) and (or) by the organization implementing the investment project (hereinafter - the organization), of their obligations under the investment contract);

to be solvent, which is confirmed by the availability of their own funds and (or) a contract (preliminary contract) with the bank or other financial institution for the provision of funds to the investor (investors).

Investors - natural persons must meet the requirements stipulated in the third and fourth paragraphs  of part two of this clause, their property should not be seized, and persons registered as individual entrepreneurs should not be in the stage of termination of their activities.

  1. Based on the results of the verification of the compliance of investors with the requirements to the tender participants, the tender committee takes decisions stipulated in the second and third paragraphs of clause 12 of these Regulations and within 3 working days from the date of registration of the minutes of the preliminary session of the tender committee notifies each investor in writing about the decision taken with a justification for such a decision.
  2. In order to organize and hold a tender, the state body, the executive committee: 

determines (if necessary) a list of additional information that is part of the tender bid;

determines (if necessary), in consultation with other interested state bodies, executive committees, in accordance with their competence, additional criteria for evaluating the tender bids;

determines (if necessary) the quantitative parameters of the main and (or) additional criteria for evaluating the tender bids;

ensures the confidentiality of tender bids, information about the tender participants, ensure the safety of tender bids;

interact with state bodies, local executive and administrative bodies in accordance with their competence, including by sending relevant inquiries in order to obtain information required for the organization and holding of the tender;

approve the methodology for evaluating bids;

perform other functions related to the organization and holding of the tender. 

  1. The tender shall be held in the form of a session of the tender committee not earlier than the expiration of the period specified in clause 7 of the Regulations on the procedure for concluding, amending and terminating investment contracts between the investor (investors) and the Republic of Belarus and no later than 30 calendar days from the date of the expiry of this period.

The date of the tender is the date of the session of the tender committee at which the consideration of tender bids is planned. 

  1. Announcement of the tender is carried out by sending by the secretary of the tender committee not less than 10 working days before the date of the tender, but on the same day, a notice of the tender to all tender participants or other authorized by them persons. 

The notice of the tender must contain:

a notice of the tender with indication of the grounds and purpose of the tender;

information:

about the date, time and place of the tender;

about the date, time and place of registration of the tender participants;

contact information of the secretary of the tender committee.

Simultaneously with the notice of the tender, all tender participants or other persons authorized by them are sent the tender documentation which should contain:

information:

on the order and terms of the tender;

on the documents included in the tender bid, including a list of additional information included in the tender bid, the deadline and the procedure for submitting the documents to the tender committee (if the state body, the executive committee, determines such a list), the requirements for the tender bid;

on the method of evaluation of bids;

on the criteria for evaluating bids;

on the procedure for obtaining explanations on the organization and holding of the tender;

an indication of the right of the tender participant to withdraw from the tender;

other information which, as considered by the state body, the executive committee, investors  must be aware of.

  1. In the event that the state body, the executive committee, determines a list of additional information included in the tender bid, the tender participant or other person authorized by him in accordance with the established procedure shall submit such information to the tender committee in time and in the order specified in the tender documentation, with a cover letter.

In the cover letter specified in the first part of this clause, the names of all the enclosed documents are listed, with indication of the number of sheets and copies of each enclosure, and each sheet of each enclosure is certified by the signature (visa) of the tender participant or other person authorized by him in accordance with the established procedure and the stamp (if available). 

  1. The tender bid of a tender participant is a set of documents consisting of an application for an investment contract with documents attached to it in accordance with the Regulations on the procedure for concluding, amending and terminating investment contracts between the investor (investors) and the Republic of Belarus, registered in the state body, the executive committee, approved by the resolution that approved these Regulations, and additional information included in the tender bid (if the state body, the executive committee, has determined the list of such information).

The tender bid must meet the following requirements:

an application for the conclusion of an investment contract and the documents attached to it which are part of the bid and which must comply with the requirements contained in clauses 3 and 4 of the Regulations on the procedure for concluding, amending and terminating investment contracts between the investor (investors) and the Republic of Belarus;

the additional information which is part of the bid must be complete and drawn up in accordance with part two of clause 20 of these Regulations and submitted to the tender committee on time and in the order specified in the bidding documents (if the state body, the executive committee has determined the list of such information );

the documents included in the bid must contain reliable facts and information. 

  1. The participant has the right to refuse to participate in the tender. 

A refusal to participate in the tender is the failure of the tender participant or another person authorized by him in the established procedure to attend the registration of the tender participants. At the same time, a tender participant or any other person authorized by him in the established procedure may send a written notice to the tender committee about the refusal to participate in the tender. 

  1. The secretary of the tender committee shall register and store the bids in accordance with the procedure established by the state body, executive committee. 
  1. The tender is held on the day, time and place indicated in the notice of the tender. 
  1. On the appointed day, time and place indicated in the notice on holding a tender, tender participants or other persons authorized by them in accordance with the established procedure arrive for the registration of tender participants. 

The secretary of the tender committee shall register the participants in the tender or other persons authorized by them in accordance with the procedure established by the state body, the executive committee. 

  1. When holding a tender, the tender committee taking into account the registration of the tender participants or other persons authorized by them in the established procedure: 

checks the compliance of  bids of tender participants with the requirements set forth in these Regulations for tender bids;

assesses the bids in accordance with the criteria for evaluating bids, their quantitative parameters (if the state body, the executive committee, has determined such parameters) and the methodology for evaluating bids.

The tender bids are final and cannot be changed during the session of the tender committee. 

  1. The main criteria for evaluating tender bids are as follows: 

the conformity of the investment project to the priority type of activity (sector of the economy) for investment;

the declared total amount of investments;

the period of the implementation of the investment project;

the number of working places created;

financial and organizational capabilities of the tender participant;

the compliance of the investment project with the regulations for the use and development of the land plot in accordance with the town-planning passport of the land plot for which the tender participant is applying. 

  1. Taking into account the registration of the tender participants or other persons authorized by them in accordance with the established procedure, and based on the results of the verification of compliance of bids of tender participants with the requirements for tender bids determined by these Regulations, evaluation of the tender bids the tender committee shall take decisions stipulated in paragraphs four to seven of clause 12 of these Regulations.
  1. In case of disagreement with the decision of the tender committee, the tender participant has the right to go into court in accordance with the established procedure to appeal against such a decision within 20 working days from the date of its adoption.
  2. In the event that the tender committee adopts the decision provided for by the fifth paragraph of clause 12 of these Regulations:

the state body, the executive committee:

makes a decision on concluding an investment contract and concludes an investment contract with the winner of the tender in full accordance with the terms stated by him in the tender bid - in the event that the investment contract does not provide for the investor (investors) and (or) the organization of benefits and (or) preferences , not established by the Decree of the President of the Republic of Belarus No. 10 of August 6, 2009 "On the creation of additional conditions for investment in the Republic of Belarus" (National Register of Legal Acts of the Republic of Belarus, 2009, N 188, 1/10912), other legislative acts;

in accordance with the procedure established by the Regulations on the procedure for concluding, amending and terminating investment contracts between the investor (investors) and the Republic of Belarus, ensures the preparation and submission in the established order to the Government of the Republic of Belarus of a draft resolution of the Council of Ministers of the Republic of Belarus on the conclusion of an investment contract – in the event that the investment contract provides for the granting to the investor (investors) and (or) the organization of privileges and (or) preferences not established by the Decree of the President of the Republic of Belarus No. 10 of August 6, 2009 , other acts of legislation. In this case the investment contract with the winner of the tender is concluded only after the adoption of the resolution of the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus;

concludes an investment contract with the winner of the tender.

The investment contract with the winner of the tender shall be concluded not earlier than 20 working days from the date of the announcement of the winner of the tender, taking into account the provisions of part three of this clause.

In the case specified in clause 29 of these Regulations, consideration of the issue of concluding an investment contract shall be carried out in accordance with the decision made by the court. 

  1. In case the tender committee adopts a decision stipulated by the sixth paragraph of clause 12 of these Regulations, the state body, the executive committee, within 5 working days from the date of registration of the minutes of the session of the tender committee shall notify each participant in the tender about the decision made by the tender committee and the inexpediency of the conclusion (initiating ) with him of the investment contract with the justification of such inexpediency. This notice is signed by the head (deputy head) of the state body, the executive committee, and must contain information about the date of the session of the tender committee.
  2. In the event that the tender committee adopts a decision provided for in the seventh paragraph of clause 12 of these Regulations, when only one tender participant or other person authorized by him in accordance with the established procedure has registered for participation in the tender, the application for concluding an investment contract with such tender participant is considered by the state body , the executive committee, without holding a tender in accordance with the procedure prescribed by the Regulations on the procedure for concluding, amending and terminating investment contracts between the investor (investors) and the Republic of Belarus.

APPROVED BY

Resolution of

the Council of Ministers of

the Republic of Belarus

07/19/2016 N 563

REGULATIONS
ON THE PROCEDURE FOR KEEPING THE STATE REGISTER OF INVESTMENT CONTRACTS
WITH THE REPUBLIC OF BELARUS

  1. These Regulations determine the procedure for keeping the State Register of Investment Contracts with the Republic of Belarus (hereinafter - the State Register).
  2. keeping of the State Register is carried out by the Ministry of Economy on an electronic medium.
  3. The Ministry of Economy determines the format and structure of the State Register.
  4. The Ministry of Economy defines the official responsible for the state registration of investment contracts between the investor (investor) and the Republic of Belarus (hereinafter - investment contracts), additional agreements to them, for keeping the State Register (hereinafter - the responsible official).
  5. Keeping of the State Register is carried out by entering information into it:

on investment contracts;

on additional agreements to investment contracts;

on the termination of investment contracts. 

  1. The state register contains information: 

on the Republican state administration body, other state organization subordinate to the Government of the Republic of Belarus, the Office of the President of the Republic of Belarus (hereinafter - the state body), the regional (Minsk city executive committee (hereinafter - the executive committee) (hereinafter - the executive committee) that concluded an investment contract, an additional agreement to it;

on the investor (investors), including information on his full name, country of establishment and location (for legal entities, foreign organizations that are not legal entities) or on his surname, his first name, patronymic (if any) and citizenship or nationality  (for natural persons), as well as information on the investor’s founders, owners of his property, including information on their name, country of establishment and location (for legal entities, foreign organizations that are not legal entities) or on his surname, first name, patronymic (if any)  and citizenship or nationality (for natural persons);

on the organization that implements the investment project (hereinafter - the organization), indicating its full name and registration number in the Unified State Register of Legal Entities and Individual Entrepreneurs;

on the name of the investment project (projects);

on the date and number of the decision of the state body, executive committee, the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus, on the basis of which an investment contract and an additional agreement to it were concluded;

on the date of conclusion of the investment contract, the additional agreement to it, the number of the investment contract, the additional agreement to it (if any);

on the object of investments;

on the declared total amount of investments;

on the planned sources of investments;

on the timing of investments;

on the dates of each of the stages of implementation (if any) of the investment project (projects);

on the completion date of the investment project (projects);

the term of the validity of the investment contract;

on the priority type of activity (sector of the economy) for investment to which the investment project (projects) corresponds;

on the date of state registration of the investment contract, an additional agreement to it in the State Register and identification codes (numbers) assigned to the investment contract, an additional agreement to it;

on the functional purpose of the object of investment;

on the date and number of the decision of the state body, the executive committee, the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus, the judicial decision to terminate (cancel) the investment contract, the reason for the termination of the investment contract in accordance with clause 25 of the Regulations on the procedure for concluding, amending and terminating investment contracts between the investor (investors) and the Republic of Belarus approved by the resolution that approved these Regulations;

The effect of the nineteenth paragraph of part 1 of clause 6 applies to investment contracts the decision on termination of which was adopted no earlier than May 15, 2016 (clause 5 of this document).

on the date of actual implementation of the investment project.

The state register may include other information depending on the terms of the investment contract, the additional agreement to it. 

  1. To implement the state registration of an investment contract, an additional agreement to it in the State Register, the state body, the executive committee that concluded the investment agreement, the additional agreement to it, within 5 working days from the date of signing the investment contract, the additional agreement to it sends only to the Ministry of Economy: 

a cover letter, which should contain the information specified in paragraphs two to five of part one of clause 6 of these Regulations, with the exception of information on the investor’s founders, owners of his property. If the organization was established after the date of signing the investment contract, the information specified in the fourth paragraph of  part 1 of clause 6 of these Regulations shall not be included in the cover letter and is sent to the Ministry of Economy within 10 working days from the date of establishment of the organization;

the originals of the investment contract, the additional agreement to it in accordance with the number of parties to the investment contract and a copy (without notarization) of the investment contract, the additional agreement to it executed in accordance with the requirements established by legislation;

a copy of the decision of the state body, the executive committee, the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus on concluding the investment agreement, the additional agreement to it;

Consultant Plus: note.

The form of an electronic card under an investment agreement is posted on the official website of the Ministry of Economy of the Republic of Belarus (http://www.economy.gov.by/ru/investors/invector-card/real-invector-card).

an electronic card according to the investment contract (hereinafter referred to as the electronic card) filled with the information specified in paragraphs two to fifteen of part 1 of clause 6 of these Regulations, as well as information on the number and date of the cover letter specified in the second paragraph of this clause. The form of the electronic card is placed on the official website of the Ministry of Economy on the Internet in a form that is available for download to the government body, the executive committee, in the form of a file of the format ____. Xsn. The electronic card is sent to the Ministry of Economy by e-mail of state authorities. Responsibility for filling in an electronic card is borne by the state body, the executive committee which sent it to the Ministry of Economy. 

  1. To enter information on the termination of the investment contract in the State Register, the state body, the executive committee, that has taken a decision to terminate the investment contract or the state body, the executive committee, authorized by the resolution of the Council of Ministers of the Republic of Belarus to take the necessary measures related to the termination (cancellation) of the investment contract, within 3 working days from the date of adoption of the decision on termination (cancellation) of the investment contract shall forward to the Ministry of Economy: 

a cover letter which should contain information about the date of state registration of the terminated investment contract in the State Register and the identification code (number) assigned to such investment contract;

a copy of the decision of the state body, the executive committee, the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus on termination (cancellation) of the investment contract;

an electronic card filled with the information specified in paragraphs eighteen and nineteen of part 1 of clause 6 of these Regulations, as well as information about the number and date of the cover letter specified in the second paragraph of this part. If the investment project is not implemented before the date of the decision to terminate (cancel) the investment contract, the information specified in the nineteenth paragraph of part 1 of clause 6 of these Regulations shall not be included in the cover letter. The electronic card is sent to the Ministry of Economy by e-mail of government agencies. Responsibility for filling in the electronic card is borne by the state body, the executive committee which sent it to the Ministry of Economy.

In the event of a court decision to terminate an investment contract, the state body, the executive committee, that concluded the investment contract, within 3 working days from the date of receipt of the judicial decision, that entered into legal force, shall send to the Ministry of Economy the documents specified in the second, fourth paragraphs of part 1 of this clause, and also a copy of the court decision on termination of the investment contract. 

  1. Copies of the decisions of the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus shall be sent to the Ministry of Economy in accordance with the established procedure.
  2. In case of failure by the state body and the executive committee to comply with the requirements contained in clauses 7 to 9 of these Regulations, the documents sent to the Ministry of Economy shall be returned within 3 working days from the date of their receipt by the Ministry of Economy to the same state body, the executive committee, without state registration of the investment contract, an additional agreement to it, and without entering information or data into the State Register. After elimination of violations, these documents may be sent to the Ministry of Economy again with the observance of the requirements of these Regulations.
  3. The Ministry of Economy carries out state registration of the investment contract, an additional agreement to it, in the State Register, entry of the information on termination of the investment contract in the State Register within 2 working days from the date of receipt of the documents by the Ministry of Economy in accordance with clauses 7 and 8 of these Regulations.
  4. The state registration of the investment contract, an additional agreement to it, is carried out by:

Assigning to each investment contract, an additional agreement to it, an identification code (number). Additional agreements to the investment contract are registered with the same identification code (number) as the investment contract, with the assignment of an additional number in ascending order, starting with the number 1;

entering information specified in paragraphs two to seventeen of part 1 of clause 6 of these Regulations in the State Register;

putting on the title page of the originals and a copy of the investment contract, an additional agreement to it, a special stamp and visa by the responsible official. 

  1. The date of state registration of the investment contract, an additional agreement to it, in the State Register is the date of putting on the title page of the originals and a copy of the investment contract, an additional agreement to it, a special stamp and visa by the responsible official.
  2. The originals of the investment contract, an additional agreement to it, registered in the State Register, shall be returned to the state body, the executive committee that sent them within 3 working days from the date of their state registration in the State Register.
  3. Entry into the State Register of information on the termination of the investment contract is carried out by entering information in the State Register specified in paragraphs eighteen and nineteen of part 1 of clause 6 of these Regulations.
  4. Entry of amendments and (or) additions into the State Register in connection with the adoption by the state body, the executive committee, of the decision on the cancellation of the previously adopted decision (its structural element) on the termination (cancellation) of the investment contract is not carried out.
  5. Copies of investment contracts, additional agreements to them, decisions on the conclusion of investment contracts, additional agreements to them, on the termination (cancellation) of investment contracts, accompanying letters to these documents are entered in a special registration file according to the nomenclature of files approved by the Ministry of Economy, are systematized and are stored for each investment contract separately and are transferred to the archives of the Ministry of Economy no earlier than the date of entry of information on the termination of the investment contract in the State Register.
  6. Technical errors and inaccuracies committed in keeping the State Register are corrected by making a new entry in the State Register. 

APPROVED BY

Resolution of

the Council of Ministers

the Republic of Belarus

07/19/2016 N 563

REGULATIONS

ON THE PROCEDURE OF COORDINATION OF THE LIST OF GOODS (WORKS, SERVICES), PROPERTY RIGHTS ACQUIRED IN THE TERRITORY OF THE REPUBLIC OF BELARUS (IMPORTED INTO THE TERRITORY OF THE REPUBLIC OF BELARUS) AND USED FOR CONSTRUCTION AND EQUIPMENT OF FACILITIES PROVIDED FOR BY THE INVESTOR CONTRACT BETWEEN INVESTOR (INVESTORS) AND THE REPUBLIC OF BELARUS 

  1. These Regulations determine the procedure for the coordination of the list of goods (works, services), property rights acquired in the territory of the Republic of Belarus (imported into the territory of the Republic of Belarus) and used for the construction, equipment of facilities envisaged by the investment contract between the investor (investors) and the Republic of Belarus (hereinafter - the list of goods (works, services), property rights) provided by the investor (investors) or the organization implementing the investment project (hereinafter - the organization) to the taxation bodies at the place the investor (investors) or the organization get registered for carrying out by the investor (investors) or the organization in accordance with the Decree of the President of the Republic of Belarus No. 10 of August 6, 2009 "On creation of additional conditions for investments in the Republic of Belarus" (National register of legal acts of the Republic of Belarus, 2009, No. 188, 1/10912) deduction in full of the amounts of value added tax recognized as tax deductions in accordance with the legislation (with the exception of tax amounts that are not deductible), presented while acquiring in the territory of the Republic of Belarus (paid upon importation into the territory of the Republic of Belarus) of goods (works, services), property rights used for the construction, equipment of the facilities envisaged by the investment contract between the investor (investors) and the Republic of Belarus (hereinafter referred to as the investment contract), irrespective of the amounts of value added tax calculated for the sale of goods (works, services), property rights.
  2. The list of goods (works, services), property rights, unless otherwise specified by the President of the Republic of Belarus, is coordinated with the republican government body, another state organization subordinate to the Government of the Republic of Belarus, the Office of the President of the Republic of Belarus, the regional (Minsk city) executive committee that concluded the investment contract (hereinafter - the coordinating body).
  3. To coordinate the list of goods (works, services), property rights, the investor or the organization applies with the application for the coordination of the list of goods (works, services), property rights (hereinafter - application) to the coordinating body.
  4. To the application, the investor or organization shall attach three copies of the list of goods (works, services), property rights signed by the head and chief accountant (accountant) of the investor (for legal entities), by the investor (for individual entrepreneurs) or the head and chief accountant (accountant) of the organization.

On each sheet of each copy of the list of goods (works, services), property rights, the following requisites of the approval bar must be indicated:

the word "AGREED";

the name of the coordinating body;

the serial number of the copy of the list of goods (works, services), property rights. 

  1. The following information shall be indicated in the list of goods (works, services), property rights: 

the name of the investment project;

the date of state registration of the investment contract, additional agreements to it in the State Register of Investment Contracts with the Republic of Belarus, the identification code (number) assigned to the investment contract, additional agreements to it;

the name of the facility envisaged in the investment contract for the construction and equipment of which they use goods (works, services), property rights that are  included in the list of goods (works, services), property rights;

the full name of the investor (for legal entities), the  surname, first name, patronymic (if any) of the investor (for individual entrepreneurs),the full name of the organization, the registration number of the payer (investor or organization);

the reporting period (calendar month or quarter) for which the value added tax is deducted in full on the goods (works, services) purchased on the territory of the Republic of Belarus (paid upon import to the territory of the Republic of Belarus), property rights used for the construction, equipment of the facilities envisaged in the investment contract;

the name, quantity and value of goods (works, services), property rights used for the construction, equipment of the facilities envisaged by the investment contract the value added tax upon which, while acquiring them in the territory of the Republic of Belarus, is claimed or the value added tax upon which, when importing them to the territory of the Republic of Belarus, is paid;  

the details of primary registration documents (customs declarations and other documents) confirming the acquisition of goods (works, services), property rights included in the list of goods (works, services), property rights (the name of the of the document, the date of its compilation, the number (if available) in the territory of the Republic of Belarus (importation into the territory of the Republic of Belarus); ;

the details of documents confirming the use of goods (works, services), property rights included in the list of goods (works, services), property rights, for the construction, equipment of the facilities envisaged in the investment contract (the title of the document, the date of its compilation, the number (if available) );

the amounts of the value-added tax claimed upon the acquisition in the territory of the Republic of Belarus of goods (works, services), property rights included in the list of goods (works, services) property rights and the details of documents, including electronic VAT invoices for  value added tax, in which such amounts of value added tax are claimed (the name of the document, the date of its compilation, the number (if any), the number and date of the invoicing (signing by the investor or organization) of the electronic invoice value-added tax);

the amounts of the value added tax paid when importing goods included in the list of goods (works, services), property rights into the territory of the Republic of Belarus, the date of payment of this tax, the details of documents confirming the payment of the value added tax upon the importation of such goods into the territory of the Republic of Belarus (the name of the document, the date of its compilation, the number (if any), and the details of electronic VAT invoices (the number and date of issue).

To the list of goods (works, services), property rights, the investor or the organization shall attach the copies (without notarization) of documents drawn up in accordance with the requirements determined by law (including copies of the external image of electronic VAT invoices for the value-added tax) specified in part 1 of this clause.

The investor or organization ensures the reliability of the information specified in the list of goods (works, services), property rights, and the documents submitted in accordance with part 2 of this clause.

  1. The processing of the application is carried out by the coordinating body within a period not exceeding 15 working days from the date of registration of such application.
  2. When processing the application, the coordinating body evaluates the goods (works, services), property rights included in the list of goods (works, services), property rights for their intended purpose for construction, equipment of facilities envisaged in the investment contract, and also checks the information presented therein for compliance with the information contained in the investment contract: 

If the full name of the investor (for legal entities), the surname, first name, patronymic (if any) of the investor (for individual entrepreneurs), the full name of the organization indicated in the list of goods, works (services), property rights, corresponds to the full name of the investor (for legal entities), surname, first name, patronymic (if any) of the investor (for individual entrepreneurs), to the full name of the organization specified in the investment contract;

If the investment contract is current as of the date of registration of the application;

If the facility, for the construction, equipment of which they use goods (works, services) property rights included in the list of goods (works, services), property rights, is the facility provided for by the investment contract, which is confirmed by the conformity of the name of the facility indicated in the list of goods (works, services), property rights, to the name of the facility specified in the investment contract;

If the date of drawing up each of the documents (including the date of making out electronic invoices for the value-added tax) specified in paragraphs eight to ten of part 1 of clause 5 of these Regulations and the date of payment of the value added tax indicated in the list of goods (works, services), property rights in accordance with the eleventh paragraph of part 1 of clause 5 of these Regulations fall on the period up to the date of finishing the implementation of the investment project envisaged by the investment contract (inclusive). 

  1. In case of non-compliance of the list of goods (works, services), property rights with the terms contained in clauses 5 and 7 of these Regulations, and (or) if the investor or organization does not meet the requirements contained in clause 4 of these Regulations, the application with the documents attached to it is returned to the investor or organization with indication of the violations committed. After elimination of these violations, the application can be submitted again in compliance with the requirements of these Regulations.
  2. If the list of goods (works, services), property rights complies with the terms contained in clauses 5 and 7 of these Regulations, and if the investor or organization complies with the requirements contained in clause 4 of these Regulations, the coordinating body shall agree on the list of goods (works, services ), property rights by putting on each sheet of each copy of the list of goods (works, services), the property rights the signature stamp with the affixing of its following requisites: 

the surname, initials of the head or the deputy head of the coordinating body authorized by him;

the signature of the head or authorized deputy head of the coordinating body and its decoding;

the date of agreement.

The signature is certified by the seal of the coordinating body.

The coordinating body assigns the registration number, which is indicated in the upper left corner of the first page of each copy of the list of goods (works, services), property rights to the agreed list of goods (works, services), property rights.

All three copies of the agreed list of goods (works, services), property rights have equal legal force.

  1. After the coordination of the list of goods (works, services), property rights, the first copy of the agreed list of goods (works, services), property rights remains with the coordinating body, the second and third copies together with the documents submitted in accordance with part 2 of clause 5 of these Regulations are returned to the investor or organization. 

The third copy of the agreed list of goods (works, services), property rights is submitted by the investor or the organization to the tax body at the place where the investor or organization is registered.

APPROVED BY

Resolution of

the Council of Ministers of

the Republic of Belarus

07/19/2016 N 563

REGULATIONS

ON THE PROCEDURE FOR COMPENSATION, EXEMPTION FROM COMPENSATION, PROVISION OF INSTALLMENTS (DEFERMENT) OF COMPENSATION TO THE REPUBLIC OF BELARUS AND ITS ADMINISTRATIVE AND TERRITORIAL UNITS OF THE AMOUNTS OF BENEFITS AND (OR) PREFERENCES, EXEMPTION FROM PAYMENT, PROVISION OF INSTALLMENTS (DEFERMENT) OF  PAYMENT OF PENALTIES (FINE, FEES) STIPULATED BY THE INVESTMENT CONTRACT BETWEEN THE INVESTOR (INVESTORS) AND THE REPUBLIC OF BELARUS

CHAPTER 1
GENERAL PROVISIONS 

  1. These Regulations determine the procedure for compensation, exemption from compensation, provision of installments (deferment) of compensation to the Republic of Belarus and its administrative and territorial units of the amounts of benefits and (or) preferences, exemption from payment, provision of installments (deferment) of payment of penalties (fine, fees) stipulated by the investment contract between the investor (investors) and the Republic of Belarus (hereinafter - penalty (fines, fees), in the event of termination of the investment contract between the investor (investors) and the Republic Belarus (hereinafter referred to as the investment contract) for reasons other than the fulfillment by the investor (investors) and (or) organization implementing the investment project (hereinafter - the organization) of its obligations under the investment contract.
  2. Compensation to the Republic of Belarus and its administrative and territorial units of the amounts of benefits and (or) preferences, payment of a penalty (fine, fees) is made by the investor (investors) and (or) the organization in the event of termination of the investment contract on grounds other than execution by the investor (investors) and (or) the organization of its obligations under the investment contract, and if one of the following circumstances occurs: 

the applicant did not apply in accordance with the procedure and within the time limits specified in these Regulations with a written request for full or partial exemption from compensation (granting installments (deferment) of compensation) to the Republic of Belarus and its administrative and territorial units of the amounts of benefits and (or) preferences and (or ) for exemption from payment (granting installments (deferment) of payment) of penalties (fine, fees) (hereinafter - application);

the applicant applied in accordance with the procedure and within the time limits established by these Regulations with a written request and as a result of consideration of the application no decisions specified  in paragraphs two to six of part 2 of clause 11, paragraphs two to nine of part 2 of clause 12 of these Regulations were made. .

--------------------------------

<*> For the purposes of these Regulations, an applicant is an investor (investors) or an organization.

Compensation to the Republic of Belarus and its administrative and territorial units of benefits and (or) preferences, payment of penalties (fine, fees) are made by transfer of funds to the account of the republican government body, another state organization subordinate to the Government of the Republic of Belarus, the Office of the President of the Republic of Belarus (hereinafter, unless otherwise specified - the state body), the regional (Minsk city) executive committee (hereinafter, unless otherwise specified -- the executive committee) which have taken a decision to terminate (cancel) the investment contract or the state body or executive committee authorized by the decision of the Council of Ministers of the Republic of Belarus to adopt necessary measures related to the termination (cancellation) of the investment contract, unless otherwise specified by part 4 of this clause:

in a period not exceeding 6 months from the expiration of the period specified in clause 5 of these Regulations, unless another period is stipulated by the second paragraph of part 2 of sub-clause 6.1 of clause 6 of the Decree of the President of the Republic of Belarus No. 10 of August 6, 2009  "On the creation of additional conditions for Investments in the Republic of Belarus "(National Register of Legal Acts of the Republic of Belarus, 2009, No. 188, 1/10912) - in the case specified in the second paragraph of  part 1 of this clause;

in a period not exceeding 6 months from the expiration of the period specified in clause 8 of these Regulations, unless another period is stipulated in the second paragraph of part 2 of sub- clause 6.1 of clause 6 of the Decree of the President of the Republic of Belarus No. 10 of August 6, 2009, in the case specified in the third paragraph of part 1 of this clause.

The state body, the executive committee, on account of which the investor (investors) and (or) the organization transferred funds to the compensation of the amounts of benefits and (or) preferences to the Republic of Belarus and its administrative and territorial units, payment of a penalty (fine, fees) within the period not exceeding 10 working days from the date of receipt of such funds to the account, shall transfer them to the revenue of the respective budgets. At the same time, the transfer of funds to the Republic of Belarus and its administrative and territorial units for the compensation of benefits and (or) preferences is made to the income of the budgets to which taxes, fees (duties) and other obligatory payments are paid in accordance with the legislation, which the investor (investors) and (or) the organization did not pay (not fully paid) due to their use of benefits and (or) preferences granted in connection with the conclusion of the investment contract.

Upon termination of the investment contract on grounds other than the fulfillment by the investor (or investors) and (or) the organization of the obligations under the investment contract, in respect of technological equipment, components and spare parts imported by using the exemption in accordance with the sixth paragraph of part 1 of sub-clause 3.1 of clause 3 of the Decree of the President of the Republic of Belarus No. 10  of August 6, 2009, import customs duties and value added tax charged by customs authorities are to be paid by transfer the funds to the national budget accounts intended for transfer payments controlled by the customs authorities.

  1. To receive information on the amounts of benefits and (or) preferences that are subject to reimbursement to the Republic of Belarus and its administrative and territorial units, the state body, the executive committee that took a decision to terminate (cancel) the investment contract, or the state body, the executive committee authorized by the resolution of the Council of Ministers of the Republic of Belarus to take the necessary measures related to the termination (cancellation) of the investment contract within 10 working days from the date of the decision to terminate (cancel) the investment contract shall apply with a request to: 

the territorial body of the Ministry of Natural Resources and Environmental Protection – with regard to the privilege (preferences) indicated in the third paragraph of part 1 of sub-clause 3.1 of clause 3 of the Decree of the President of the Republic of Belarus No. 10  of August 6, 2009;

the land management service of the local executive and administrative body that made the decision to grant the land plot – with regard to the benefits (preferences) specified in paragraphs two and three (as regards the rent for land plots that are in state ownership) sub-clause 3.2 of clause 3 of the Decree of the President of the Republic of Belarus No. 10 of August 6, 2009;

the tax authorities at the place of registration of the investor (investors) and (or) the organization – with regard to the benefits specified in the third paragraph (as regards the land tax for land plots that are in state or private ownership), the fifth paragraph of sub-clause 3.2 of clause 3 of the Decree of the President of the Republic of Belarus No. 10 of August 6, 2009, as well as with regard to the benefits (preferences) granted to the investor (investors) and (or) the organization by the investment agreement not established by the Decree of the President of the Republic of Belarus of August 6, 2009, by other acts of legislation on tax (fee collections) the control over the calculation and payment of which is assigned to the tax authorities. Such a request shall contain information on the date of termination of the investment contract, the grounds for termination of the investment contract in accordance with clause 25 of the Regulations  on the procedure for concluding, amending and terminating investment contracts between the investor (investors) and the Republic of Belarus approved by the Resolution that approved these Regulations, as well as information on the fact of failure or improper fulfillment by the investor (investors) of the obligations under the investment contract (in the event of termination of the investment contract on the grounds specified in paragraphs three to six of clause 25 of the Regulations on the procedure for concluding, amending and terminating of investment contracts between the investor (investors) and the Republic of Belarus);

 the land management organization that has the right in accordance with the legislation to issue materials for the preliminary approval of the location of land plots and located on the relevant territory – with regard to the privileges (preferences) specified in the fourth paragraph of sub-clause 3.2 of clause 3 of the Decree of the President of the Republic of Belarus No. 10 of August 6, 2009;

the Department of Citizenship and Migration of the Ministry of Internal Affairs - with regard to the privilege (preference) specified in sub-clause 4.1 of clause 4 of the Decree of the President of the Republic of Belarus No. 10 of August 6, 2009 (as regards permits to attract foreign labor force to the Republic of Belarus);

the Citizenship and Migration Unit of the Internal Affairs Directorate (Main Directorate of Internal Affairs) of the Executive Committee – with regard to the privilege (preference) specified in sub-clause 4.1 of clause 4 of the Decree of the President of the Republic of Belarus of August 6, 2009 No. 10 (as regards special permits for the right to labor activity in the Republic of Belarus);

other state bodies, organizations in accordance with their competence - with regard to the privileges (preferences) granted to the investor (investors) and (or) the organization by the investment contract not established by Decree of the President of the Republic of Belarus No. 10 of August 6, 2009, other acts of legislation, except for benefits and (or) preferences for taxes (fees), control over the calculation and payment of which is assigned to the tax authorities.

  1. Information on the requests specified in clause 3 of these Regulations shall be sent to the state body, the executive committee not later than 10 working days from the date of their receipt.
  2. For full or partial exemption from compensation, granting of an installment (deferment) of compensation to the Republic of Belarus and its administrative and territorial units of the amounts of benefits and (or) preferences and (or) full or partial exemption from payment, provision of installments (deferment) of payment of penalties (fines, fees), the applicant applies to the state body, the executive committee, that made the decision to terminate (cancel) the investment contract, or the state body, the executive committee, authorized by the resolution of the Council of Ministers of the Republic of Belarus to take necessary measures related to the termination (cancellation) of the investment contract, with an application signed by him, within 20 working days from the date of sending by the government body, the executive committee to the investor (investors) and (or) the organization a written request for compensation to the Republic of Belarus and its administrative and territorial units of the amounts of benefits and (or) preferences, payment of penalties (fines, feess) provided for by the investment contract. 

On behalf of the investor (investors), organization, the application can be submitted to the state body or the executive committee by other persons authorized by them. 

  1. The application shall be accompanied with: 

documents characterizing the degree of readiness of the facility provided for by the investment contract;

information on the scope and characteristics of the work performed within the framework of the investment project;

documents confirming the amount of investment;

information and documents confirming the fulfillment of other terms of the investment contract;

a list of benefits and (or) preferences used by the investor (investors) and (or) organization which were granted in connection with the conclusion of the investment contract, indicating their amounts in the context of each of the benefits and (or) preferences disaggregated by years;

other documents (at the discretion of the investor (investors) and (or) organization justifying the need for the investor (investors) and (or) organization to be exempted from compensation (granting installments (deferment) of compensation) to the Republic of Belarus and its administrative and territorial units of benefits and (or) ) preferences and (or) the exemption of the investor (investors) and (or) the organization from payment (provision of installments (deferment) of payment) of penalties (fines, fees). 

  1. In case of non-observance of the requirements contained in clauses 5 and 6 of these Regulations, the application with the documents attached to it shall be returned to the applicant within 5 working days from the date of its registration, with indication of the violations committed. After elimination of the violations, the application can be submitted again, in compliance with the requirements of these Regulations, before the expiration of the period specified in paragraph 5 of these Regulations.
  2. The consideration of the application and notification of the investor (investors) and (or) organization about the results of such consideration shall be carried out by the state body, the executive committee not later than 60 calendar days from the date of registration of such application.

The grounds for taking a decision (initiating a decision) on the full or partial exemption of the investor (investors) and (or) the organization from compensation of the amounts of benefits and (or) preferences, payment of penalties (fines, fees), provision of installments (deferment) of such compensation, payment, are determined by the state body, the executive committee which take such a decision (which submit a draft of such a decision to the Council of Ministers of the Republic of Belarus).

  1. In the case specified in the second paragraph of part 1 of clause 2 of these Regulations, and if the investor (or investors) and (or) the organization fail to reimburse the amounts of benefits and (or) preferences, payment of a penalty (fine, fees) in accordance with the procedure and terms established by part 2 of clause 2 of these Regulations, the state body, the executive committee that made the decision to terminate (cancel) the investment contract, or the state body, the executive committee authorized by the decision of the Council of Ministers of the Republic of Belarus to take the necessary measures related to the termination (cancellation) of the investment contract, upon the expiry of the period specified in the second paragraph of part 2 of clause 2 of these Regulations take measures to legally recover from the investor (investors) and (or) the organization the reimbursement of the amounts of benefits and (or) preferences and payment of penalties (fine, fees).
  2. For the purposes of these Regulations, all notifications are sent to the investor (investors) and (or) the organization to the last, declared by him (them) to the state body, the executive committee that concluded the investment contract, address. 

CHAPTER 2
EXEMPTION FROM COMPENSATION, PROVISION OF INSTALLMENTS (DEFERMENT) OF COMPENSATION, REIMBURSEMENT TO THE REPUBLIC OF BELARUS AND ITS ADMINISTRATIVE AND TERRITORIAL UNITS OF AMOUNTS OF BENEFITS AND (OR) PREFERENCES

  1. The application regarding the issue of the full or partial exemption from compensation, provision of an installment (deferment) of compensation to the Republic of Belarus and its administrative and territorial units of the amounts of benefits and (or) preferences with the documents attached to it shall be considered by the state body, executive committee.

Based on the results of such consideration:

the state body, executive committee, shall make a decision on the preparation and submission to the Government of the Republic of Belarus of a draft resolution of the Council of Ministers of the Republic of Belarus on the full exemption from reimbursement to the Republic of Belarus and its administrative and territorial units of the amounts of benefits and (or) preferences;

the state body, executive committee, shall make a decision on preparation and submission to the Government of the Republic of Belarus of a draft resolution of the Council of Ministers of the Republic of Belarus on partial exemption from the reimbursement to the Republic of Belarus and its administrative and territorial units of the amounts of benefits and (or) preferences with the granting of an installment (deferment) of such compensation;

the state body, executive committee, shall make a decision on preparation and submission to the Government of the Republic of Belarus of a draft resolution of the Council of Ministers of the Republic of Belarus on partial exemption from reimbursement to the Republic of Belarus and its administrative and territorial units of benefits and (or) preferences without the provision of installments (deferral) of such compensation;

the state body, executive committee, shall make a decision on the preparation and submission to the Government of the Republic of Belarus of a draft resolution of the Council of Ministers of the Republic of Belarus on the granting of an installment (deferment) of reimbursement to the Republic of Belarus and its administrative and territorial units of benefits and (or) preferences - if the investment contract is concluded on the basis of a decision of the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus and (or) in the event that, after the conclusion of the investment contract, on the basis of the decision of the state body, the executive committee, additional benefits and (or) preferences were granted to the investor (investors) and (or) organizations by decision of the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus;

the state body, executive committee, shall make a decision on granting an installment (deferment) of compensation to the Republic of Belarus and its administrative and territorial units for the amounts of benefits and (or) preferences - in the event that the investment contract is concluded on the basis of a decision of the state body, the executive committee, and after the conclusion of the investment contract no additional privileges and (or) preferences by decision of the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus were given to the investor (investors) and (or) the organization. At the same time, the investor (investors) and (or) the organization is sent by registered mail with a notification of delivery or handed in personally a notice about the decision signed by the head (deputy head) of the state body, executive committee;

the investor (investors) and (or) the organization are notified in writing about the inexpediency of making a decision (initiating the adoption of a decision) on the full or partial exemption from compensation, granting an installment (deferment) of compensation to the Republic of Belarus and its administrative and territorial units of the amounts of benefits and (or) preferences. This notice is signed by the head (authorized by him deputy head) of the state body, executive committee and shall contain a justification for such inexpediency. 

  1. If the state body, executive committee, takes the decision stipulated by paragraphs two to five of part 2 of clause 11 of these Regulations, a notice of the decision signed by the head (deputy head) of the state body, executive committee, shall be sent by registered mail with a notification of delivery or handed personally against the signature to the investor (investors) and (or) organization. The state body, executive committee, shall ensure the preparation and submission in accordance with the established procedure to the Government of the Republic of Belarus of a draft resolution of the Council of Ministers of the Republic of Belarus which is agreed by the interested state bodies within 10 working days. 

The draft resolution of the Council of Ministers of the Republic of Belarus shall contain:

a preamble with the indication of the norm of the Decree of the President of the Republic of Belarus No. 10 of August 6, 2009 according to which it is proposed to adopt the decision of the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus;

a structural element containing the decision of the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus which is proposed to be adopted;

the full name of the investor (investors) (for legal entities, foreign organizations that are not legal entities), the surname, first name, patronymic (if any) of the investor (investors) (for natural persons) and (or) the full name of the organization, with regard to which it is proposed to adopt the decision of the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus, the payer's account number (if any);

the date of state registration of the investment contract in the State Register of Investment Contracts with the Republic of Belarus and the identification code (number) assigned to the investment contract;

the name of the investment project;

a list of benefits and (or) preferences, the amount of benefits and (or) preferences;

the date of entry into force of the resolution of the Council of Ministers of the Republic of Belarus.

In the event that the state body, the executive committee, adopts the decision provided for in the second paragraph of part 2 of clause 11 of these Regulations, the draft resolution of the Council of Ministers of the Republic of Belarus, in addition to the provisions specified in part 2 of this clause, shall contain provisions on the amounts of benefits and (or) preferences, with the indication of their sums in the context of each of the benefits and (or) preferences, that the investor (investors) and (or) the organization is completely exempted from reimbursement to the Republic of Belarus and its administrative and territorial units.

In the event that the state body, the executive committee, adopts the decision stipulated by paragraphs three and four of part 2 of clause 11 of these Regulations, the draft resolution of the Council of Ministers of the Republic of Belarus should contain, in addition to the provisions specified in part 2 of this clause, the following provisions:

on the amounts of benefits and (or) preferences, with the indication of their amounts in the context of each of the benefits and (or) preferences, that the investor (investors) and (or) the organization are exempted from reimbursement to the Republic of Belarus and its administrative and territorial units;

on the amounts of benefits and (or) preferences, with the indication of their amounts in the context of each of the benefits and (or) preferences, that the investor (investors) and (or) the organization is obliged to reimburse to the Republic of Belarus and its administrative and territorial units;

on the period (periods) of time during which the investor (investors) and (or) the organization is obliged to reimburse the amounts of benefits and (or) preferences to the Republic of Belarus and its administrative and territorial units. In this case, if the state body, the executive committee, adopts the decision provided for in the third paragraph of part 2 of clause 11 of these Regulations, such period (periods) shall be indicated by breaking up the amounts of reimbursable benefits and (or) preferences and the terms of their reimbursement.

In the event that the state body, the executive committee, adopts the decision provided for in the fifth paragraph of part 2 of clause 11 of these Regulations, the draft resolution of the Council of Ministers of the Republic of Belarus, in addition to the provisions specified in part 2 of this clause, shall contain provisions:

on the amounts of benefits and (or) preferences, with the indication of their amounts in the context of each of the benefits and (or) preferences, that the investor (investors) and (or) the organization is obliged to reimburse to the Republic of Belarus and its administrative and territorial units;

on the period of time during which the investor (investors) and (or) the organization is obliged to reimburse the Republic of Belarus and its administrative and territorial units the amounts of benefits and (or) preferences. In this case, such period shall be indicated by breaking up the amounts of reimbursable benefits and (or) preferences and the terms of their reimbursement.

The state body, executive committee, submitting the draft resolution of the Council of Ministers of the Republic of Belarus, together with the documents attached in accordance with the legislation for this type of draft legal act, shall additionally attach to this draft:

copies of documents submitted in accordance with clauses 5 and 6 of these Regulations;

copies of information at the request of the state body, the executive committee, received in accordance with clauses 3 and 4 of these Regulations;

a copy of the decision taken by the state body, the executive committee provided for in paragraphs two - five of part 2 of clause 11 of these Regulations.

If any remarks and (or) proposals are made on the draft resolution of the Council of Ministers of the Republic of Belarus after it has been submitted to the Government of the Republic of Belarus and (or) in the process of coordination with the President of the Republic of Belarus, the draft resolution of the Council of Ministers of the Republic of Belarus shall be returned to the state body, the executive committee, that executed its preparation and submission for revision with indication of the remarks and (or) proposals and after their elimination it can be submitted again.

The state body, executive committee, authorized by the resolution of the Council of Ministers of the Republic of Belarus to take the necessary measures related to the termination (cancellation) of the investment contract notify in writing the investor (investors), and (or) the organization of the decision taken by the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus. This notice is signed by the head (deputy head) of the state body, the executive committee, and is sent to the investor (investors) and (or) the organization by registered mail with a notification of delivery or handed personally against the signature. 

  1. In the event that the state body, the executive committee, adopts the decision envisaged by the sixth paragraph of part 2 of clause 11 of these Regulations, such decision shall contain: 

a reference to the norm of the Decree of the President of the Republic of Belarus No. 10 of August 6, 2009 according to which the decision of the state body, executive committee, is adopted;

the provisions specified in paragraphs three to seven of part 2 , paragraphs 3 and 4 of part 4 of clause 12 of these Regulations. 

  1. The state body, the executive committee, which has taken a decision to terminate (cancel) the investment contract, or the state body, the executive committee, authorized by the resolution of the Council of Ministers of the Republic of Belarus to take the necessary measures related to the termination (cancellation) of the investment contract, take measures to legally recover from the investor (investors) and (or) the organization the amounts of benefits and (or) preferences: 

in the event that, based on the results of the consideration of the application, the decision specified in paragraphs two to six of part 2 of clause 11 of these Regulations was not adopted, and if the investor (or investors) and (or) the organization fails to reimburse the amounts of the benefits and (or) preferences in the manner and terms determined by part 2 of clause 2 of these Regulations - after the expiration of the period specified in the third paragraph of part 2 of clause 2  of these Regulations;

in the event that, based on the results of the consideration of the application, there was taken a decision envisaging provision to the investor (investors) and (or) the organization partial exemption from the reimbursement to the Republic of Belarus and its administrative and territorial units of benefits and (or) preferences with or without an installment (deferment) of such compensation or provision to the investor (investors) and (or) the organization of installments (deferments) of compensation to the Republic of Belarus and its administrative and territorial units of the amounts of privileges and (or) preferences in the procedure and within the time limits determined by such decision - after the expiration of the term (terms) specified in such decision. 

CHAPTER 3
EXEMPTION FROM THE PAYMENT, PROVISION OF INSTALLMENTS (DEFERMENT) OF THE PAYMENT OF A PENALTY (FINE, FEES) 

  1. The application regarding the issue of full or partial exemption from payment, provision of installments (deferment) of payment of a penalty (fine, fees) with the documents attached to it is considered by the state body, executive committee.

Based on the results of such consideration:

the state body, Executive committee, shall take a decision on the preparation and submission to the Government of the Republic of Belarus of a draft resolution of the Council of Ministers of the Republic of Belarus on full exemption from payment of a penalty (fine, fees) - in the event that the investment contract is concluded on the basis of a decision of the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus;

the state body, executive committee, shall take a decision on the preparation and submission to the Government of the Republic of Belarus of a draft resolution of the Council of Ministers of the Republic of Belarus on partial exemption from payment of a penalty (fine, fees) with provision of installments (deferment) of such payment - in the event that the investment contract is concluded on the basis of a decision of the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus;

the state body, executive committee, shall take a decision on the preparation and submission to the Government of the Republic of Belarus of a draft resolution of the Council of Ministers of the Republic of Belarus on partial exemption from payment of a penalty (fine, fees) without provision of installments (deferment) of such payment - in the event that the investment contract is concluded on the basis of a decision of the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus;

the state body, executive committee, shall take a decision on the preparation and submission to the Government of the Republic of Belarus of a draft resolution of the Council of Ministers of the Republic of Belarus on the granting of an installment (deferment) of payment of a penalty (fine, fees) - in the event that the investment contract is concluded on the basis of a decision of the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus;

the state body, executive committee, shall take a decision on full exemption from payment of a penalty (fine, fees) - in the event that the investment contract is concluded on the basis of a decision of the state body, the executive committee;

the state body, executive committee, shall take a decision on partial exemption from payment of a penalty (fine, fees) with provision of installments (deferment) of such payment - in the event that the investment contract is concluded on the basis of a decision of the state body, the executive committee;

the state body, executive committee, shall take a decision on partial exemption from payment of a penalty (fine, fees) without provision of installments (deferment) of such payment - in the event that the investment contract is concluded on the basis of a decision of the state body, the executive committee;

the state body, executive committee, shall take a decision on granting installments (deferments) of payment of penalties (fines, fees) - in the event that the investment contract is concluded on the basis of a decision of the state body, the executive committee;

the investor (investors) and (or) the organization are notified in writing about the inexpediency of taking a decision (initiating a decision) on full or partial exemption from payment, granting installments (deferments) of payment of a penalty (fine, fees). This notice is signed by the head (authorized by him deputy head) of the state body, executive committee, and shall contain a justification for such inexpediency. 

  1. If the state body, executive committee, takes the decision stipulated by paragraphs two to five of part 2 of clause 15 of these Regulations, a notice of the decision signed by the head (deputy head) of the state body, executive committee, shall be sent by registered mail with a notification of delivery or handed personally against the signature to the investor (investors) and (or) organization. The state body, executive committee, shall ensure the preparation and submission in accordance with the established procedure to the Government of the Republic of Belarus of a draft resolution of the Council of Ministers of the Republic of Belarus which is agreed by the interested state bodies within 10 working days.

The draft resolution of the Council of Ministers of the Republic of Belarus shall contain:

a preamble with the indication of the norm of the Decree of the President of the Republic of Belarus No. 10 of August 6, 2009 according to which it is proposed to adopt a decision of the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus;

the decision of the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus, which is proposed to be adopted;

the full name of the investor (investors) (for legal entities, foreign organizations that are not legal entities), the surname, first name, patronymic (if any) of the investor (investors) (for natural persons) and (or) the full name of the organization, with regard to which it is proposed to adopt the decision of the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus, the payer's account number (if any);

the date of state registration of the investment contract in the State Register of Investment Contracts with the Republic of Belarus and the identification code (number) assigned to the investment contract;

the name of the investment project;

the amount of the penalty (fine, fees) accrued;

the date of entry into force of the resolution of the Council of Ministers of the Republic of Belarus.

In the event that the state body, the executive committee adopts a decision provided for in the second paragraph of part 2 of clause 15 of these Regulations, the draft resolution of the Council of Ministers of the Republic of Belarus, in addition to the provisions specified in part 2of this clause, shall contain the amount of the penalty (fine, fees) the investor (investors) and (or) the organization are completely exempted.

In the event that the state body and the executive committee adopt a decision stipulated by paragraphs 3 and 4 of part 2 of clause 15 of these Regulations, the draft resolution of the Council of Ministers of the Republic of Belarus, in addition to the provisions specified in part 2 of this clause, shall contain information:

on the amount of the penalty (fine, fees) from which the investor (investors) and (or) the organization are exempted;

on the amount of the penalty (fine, fees) which the investor (investors) and (or) the organization shall pay;

on the period (periods) of time during which the investor (investors) and (or) the organization are obliged to pay the penalty (fine, fees). In this case, if the state body, the executive committee, adopts the decision provided for in the third paragraph of part 2 of clause 15 of these Regulations, such period (periods) of time shall be indicated by breaking up the amount of the penalty (fine, fees) to be paid and the terms of payment.

In the event that the state body, the executive committee, adopts a decision stipulated by the fifth paragraph of part 2 of clause 15 of these Regulations, the draft resolution of the Council of Ministers of the Republic of Belarus, in addition to the provisions specified in part 2 of this clause, shall contain provisions:

on the amount of the penalty (fine, fees) which the investor (investors) and (or) the organization shall pay;

on the period of time during which the investor (investors) and (or) the organization are obliged to pay the penalty (fine, fees). In this case,, such period of time shall be indicated by breaking up the amount of the penalty (fine, fees) to be paid and the terms of payment.

The state body, executive committee, submitting the draft resolution of the Council of Ministers of the Republic of Belarus, together with the documents attached in accordance with the legislation for this type of draft legal act, shall additionally attach to this draft:

copies of documents submitted in accordance with clauses 5 and 6 of these Regulations;

a copy of the decision taken by the state body, the executive committee, provided for in paragraphs two - five of part 2 of clause 15 of these Regulations.

If any remarks and (or) proposals are made on the draft resolution of the Council of Ministers of the Republic of Belarus after it has been submitted to the Government of the Republic of Belarus and (or) in the process of coordination with the President of the Republic of Belarus, the draft resolution of the Council of Ministers of the Republic of Belarus shall be returned to the state body, the executive committee, that executed its preparation and submission for revision with indication of the remarks and (or) proposals and after their elimination it can be submitted again.

The state body, executive committee, authorized by the resolution of the Council of Ministers of the Republic of Belarus to take the necessary measures related to the termination (cancellation) of the investment contract notify in writing the investor (investors), and (or) the organization of the decision taken by the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus. This notice is signed by the head (deputy head) of the state body, the executive committee, and is sent to the investor (investors) and (or) the organization by registered mail with a notification of delivery or handed personally against the signature. 

  1. In the event that the state body, the executive committee, adopts the decision stipulated by paragraphs six to nine of part 2 of clause 15 of these Regulations, this decision shall contain: 

a reference to the norm of the Decree of the President of the Republic of Belarus No. 10 of August 6, 2009 according to which the decision of the state body, executive committee, is adopted;

the decision which is taken by the state body, executive committee;

the provisions specified in paragraphs four to seven of part 2of clause 16 of these Regulations.

In the event that the state body, the executive committee adopts the decision stipulated by the sixth paragraph of part 2 of clause 15 of these Regulations, the decision of the state body, the executive committee, in addition to the provisions specified in part 1 of this clause, shall contain the provisions specified in part 3 of clause 16 of these Regulations.

In the event that the state body, the executive committee, adopts the decision provided for in paragraphs 7 and 8 of part 2 of clause 15 of these Regulations, the decision of the state body, the executive committee, in addition to the provisions specified in part one of this paragraph, shall contain the provisions specified in paragraphs two to four of part 4 of clause 16 of these Regulations.

In the event that the state body, the executive committee, adopts the decision provided for in the ninth paragraph of part 2 of clause 15 of these Regulations, the decision of the state body, the executive committee, in addition to the provisions specified in part 1 of this clause, shall contain the provisions specified in paragraphs two and three of part 5 of clause 16 of these Regulations.

The investor (investors) and (or) the organization is sent by registered mail with a notice of service or handed over personally signed by the head (authorized by the deputy head) of the state body, the executive committee, notification of the decision made in paragraphs six to nine of part 2 of clause 15 of these Regulations. 

  1. The state body, the executive committee, which has taken a decision to terminate (cancel) the investment contract, or the state body, the executive committee, authorized by the decision of the Council of Ministers of the Republic of Belarus to take the necessary measures related to the termination (cancellation) of the investment contract, take measures to legally recover from the investor (investors) and (or) the organization the payment of the penalty (fine, fees):

in the event that, based on the results of the consideration of the application, the decision specified in paragraphs two to six of part 2 of clause 15 of these Regulations was not adopted, and if the investor (or investors) and (or) the organization fails to pay the penalty (fine, fees) in the manner and terms determined by part 2 of clause 2 of these Regulations, - after the expiration of the period specified in the third paragraph of part 2 of clause 2  of these Regulations;

in the event that, based on the results of the consideration of the application, there has been taken a decision envisaging provision to the investor (investors) and (or) the organization partial exemption from the payment of the penalty (fine, fees)  with or without an installment (deferment) of such payment or provision to the investor (investors) and (or) the organization of installments (deferments) of payment of the penalty (fine, fees)  in the procedure and within the time limits determined by such decision, - after the expiration of the term (terms) specified in such decision.