PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of May 4, 2018 No. 158

About purchase of products of crop production

For the purpose of financing of purchase of products of crop production of harvest of 2018 delivered for republican state needs, other products and ensuring calculations for it:

1. Suggest banks to grant in 2018 to suppliers * the loans on the conditions determined by banks for a period of up to one year for:

calculations for products of crop production of harvest of 2018 delivered for republican state needs, including for its advance payment (payment of advance payments) for delivery agreements, cost recovery on production of these products (but not above production product cost) with transfer of means of the credits for special supplier accounts of agricultural products. At the same time the term of advance payment (payment of advance payments) can exceed 60 days from the date of the conclusion of the delivery agreement;

fees on cleaning of products of crop production of harvest of 2018 delivered for republican state needs, and transport services (expenses) in delivery of these products with transfer of means of the credits for the current (settlement) bank accounts of contractors of such services (expenses);

settlings with physical persons, including individual entrepreneurs, and the manufacturing organizations for harvest of 2018 of potatoes, including seed, fruit and berries fresh (including wild-growing), vegetables and mushrooms (including wild-growing), birch sap and payment of transport services (expenses) in delivery of these products **.

Compensation to banks of the losses connected with loan granting according to part one of this Item from republican and (or) local budgets is not performed.

The money enlisted into the special accounts specified in the paragraph the second to part one of this Item has purpose and goes suppliers of agricultural products for acquisition of fuels and lubricants, fertilizers, including expenses on their delivery, spare parts, remedies of plants, seeds, and also for debt repayment on them, salary payment (including charges on it).

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* For the purposes of this Decree suppliers are understood as persons signing contracts of delivery of goods (agricultural products) for republican state needs with suppliers of agricultural products, the organizations of consumer cooperation performing procurement of products of crop production, determined by the Belarusian republican union of consuming societies.

** For the specified purposes the loans are granted to suppliers, being the organizations of consumer cooperation.

2. Recommend to banks to establish service fee on issue from the current (settlement) bank accounts of the cash specified in paragraph four of part one of Item 1 of this Decree to suppliers in the amount of no more 0,3 of percent from the amount of these means for settlings with the physical persons who are not individual entrepreneurs for purchased potatoes, including seed, fruit and berries fresh (including wild-growing), vegetables and mushrooms (including wild-growing), birch sap.

3. Determine that:

3.1. providing to suppliers according to the list approved by Council of Ministers of the Republic of Belarus, subsidies for payment of part of interest for using the loans granted according to part one of Item 1 of this Decree (further - subsidies), is performed in 2018-2019 at the expense of the means of the republican budget provided on other questions in the field of agricultural industry within the amounts approved by the law on the republican budget for the corresponding year;

3.2. subsidies are not provided for interest payment, added on the amount to the delayed and (or) prolonged debt on principal debt on the loans granted according to part one of Item 1 of this Decree;

3.3. in cases of change of the name of the borrower and (or) transition of the rights and obligations of the borrower to the legal successor as a result of reorganization of the legal entity of subsidy are provided after entering of corresponding changes into the list of suppliers approved by Council of Ministers of the Republic of Belarus;

3.4. the state customers of agricultural products for republican state needs determined by Council of Ministers of the Republic of Belarus in case of approval of the list of the state needs for 2018 having the right to determine for the conclusion after entry into force of this Decree of delivery agreements of goods (agricultural products) for such needs (further - the delivery agreement) as suppliers of the organization, including who are not performing conversion of such products;

3.5. the decision on determination of the producer of agricultural products by the supplier of these products for the conclusion after entry into force of this Decree of the delivery agreement is made by the relevant regional executive committee or according to its order district executive committee in the presence of the written consent of this producer to determination by his supplier;

3.6. delivery agreements can be signed by the parties after entry into force of this Decree based on the notice in writing on attachment of the supplier of agricultural products to the supplier issued by the relevant regional executive committee or according to its order district executive committee to such supplier after entry into force of this Decree in cases:

acceptances by the state customers of agricultural products for republican state needs for 2018 of decisions according to subitem 3.4 of this Item;

termination of the delivery agreement signed till April 1, 2018 in connection with essential change of circumstances from which the parties proceeded in case of the conclusion of the delivery agreement;

3.7. change of terms of the contract of delivery, concluded till April 1, 2018, determining amount of the purchased agricultural products, is performed after introduction by the relevant regional executive committee or according to its order district executive committee from written consent of the supplier of agricultural products in the notice on attachment of such supplier to the supplier of the change providing volumetric gain of the purchased agricultural products of harvest of 2018.

4. Suppliers to whom in 2018 the loans according to paragraphs are granted to the second and third part one of Item 1 of this Decree for repayment of payments on principal debt on the credits and interest for using by them make in 2018-2019 monthly assignments into the special accounts opened by them for these purposes in banks.

Such assignments are performed in the amount of at least amount, equal to repayment sum of the specified payments, from proceeds from sales of goods (works, services), property rights after tax payment, charges (duties), other obligatory payments in the budget, and also in budgets of state non-budgetary funds.

The money accumulated on the special accounts of buyers specified in part five of this Item is subject to transfer into special accounts of the suppliers determined according to subitem 3.4 of Item 3 of this Decree.

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