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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of August 30, 2011 No. 387

About some measures for development of merchant shipping

(In edition of the Presidential decree RB of 11.07.2012 No. 312)

For the purpose of development of merchant shipping and ensuring interests of the Republic of Belarus in the ocean shipping market of freights:

1. Determine that:

1.1. during the exporting and cargo import with use of maritime transports subjects of merchant shipping of the Republic of Belarus *, performing activities for operation ** the ocean ships *** belonging to them on the property right, economic maintaining, operational management or being at them in ownership based on the agreement of finance lease (leasing) or the lease agreement of the vessel without crew have the first-priority (priority) right to implementation of such maritime transports of freights (further - the vessels which are in property or ownership).

The first-priority (priority) right specified in part one of this subitem is implemented when carrying out in the territory of the Republic of Belarus by customers of services (works) on implementation of maritime transports of freights of procedures of purchases of such services (works) as way of the conclusion with subjects of merchant shipping of the Republic of Belarus long-term (for the term of at least one year) agreements on the organization of maritime transports of freights and (or) sea transportation agreements of freights on condition of ensuring compliance of competitiveness and cost of the rendered services (the performed works) in implementation of maritime transports of freights to the criteria established by customers of such services (works) when holding procedures of their purchases.

Purchase of services (works) on implementation of maritime transports of freights at foreign suppliers (contractors, contractors) is allowed if competitiveness and cost of services (works) on implementation of maritime transports of freights by subjects of merchant shipping of the Republic of Belarus do not correspond to the criteria established by their customers, or purchase of such services (works) at foreign suppliers (contractors, contractors) is necessary because their rendering (accomplishment) is performed by subjects of merchant shipping of the Republic of Belarus in the amount insufficient for requirements satisfaction of customers.

If the international treaty of the Republic of Belarus establishes other rules, than those which contain in this subitem then are applied rules of the international treaty;

______________________________

* For the purposes of this Decree subjects of merchant shipping of the Republic of Belarus are understood as the legal entities and individual entrepreneurs with the location in the Republic of Belarus created according to the legislation of the Republic of Belarus, performing merchant shipping.

** For the purposes of this Decree implementation of activities for operation of ocean ships is understood as use of the this courts for maritime transports of freights, rendering other services and performance of works connected with implementation of these transportations and also delivery by subjects of merchant shipping of the Republic of Belarus of courts in lease for rendering such services and accomplishment of such works (except for subleases).

*** For the purposes of this Decree ocean ships are understood as self-propelled or not self-propelled floating constructions, held for use for the purpose of merchant shipping.

1.2. No. 312 is excluded according to the Presidential decree RB of 11.07.2012

1.3. No. 312 is excluded according to the Presidential decree RB of 11.07.2012

1.4. subjects of merchant shipping of the Republic of Belarus have the right not to pay within five calendar years from start date of implementation of activities for operation of the ocean ships which are in their property or ownership, the income tax (the income tax from physical persons) in the part of profit (income) received (received) from activities for operation of such ocean ships according to appendix.

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