PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of January 14, 2019 No. 16

About development of international leasing

For the purpose of creation of additional terms for development of the international leasing oriented to promotion in foreign countries of the goods made in the Republic of Belarus:

1. Determine that:

1.1. in case of termination of the contract of international leasing (including in connection with its termination) the lessor shall provide return of subject of leasing or the termination in cash or non-cash form of the obligations arising in connection with transfer of subject of leasing to the leasing recipient - to the nonresident of the Republic of Belarus if other is not established by this Decree.

Methods of non-cash discharge are determined by Council of Ministers of the Republic of Belarus together with National Bank.

The obligations of the lessor established in part one of this subitem stop from date:

introductions in legal force of judicial, arbitral decisions (resolutions), other documents of authorized bodies (further - court documents) according to which to the lessor it is refused allowance of the application about reclamation of subject of leasing from the leasing recipient - the nonresident of the Republic of Belarus;

acceptances of the state by authorized bodies which is the location of the leasing recipient - the nonresident of the Republic of Belarus and in the territory of which there is forced execution, decisions on refusal to the lessor in recognition and forced execution of the court documents which are subject to recognition and (or) carrying out according to the legislation of this state;

payments of insurance indemnity by the insurer for insured risk for the agreement of international leasing (without the cash accounting, possible losses which are not subject to compensation from insurance company, representing the amount of own participation of the insurer in covering);

adoptions of decisions by authorized body:

about bankruptcy or application concerning the leasing recipient - the nonresident of the Republic of Belarus of the procedures connected with its insolvency (bankruptcy) if it entailed impossibility of return of subject of leasing or the satisfaction in other claims form of the lessor following from the agreement of international leasing;

about exception of the leasing recipient - the nonresident of the Republic of Belarus from the state register of the organizations (payers) in country of incorporation that entailed impossibility of return of subject of leasing or the satisfaction in other claims form of the lessor following from the agreement of international leasing;

about confiscation (other withdrawal) at the lessor or the leasing recipient - the nonresident of the Republic of Belarus of subject of leasing according to the legislation of the state in the territory of which there was confiscation (other withdrawal) of leasing subject;

1.2. within 180 calendar days from the date of termination of the contract of international leasing (including in connection with its termination) the lessor has the right to sign the new agreement in foreign trade providing alienation of subject of leasing or its transfer to lease. During the specified term return of subject of leasing on the territory of the Republic of Belarus can not be made.

In case of not conclusion of the new agreement in foreign trade the lessor shall provide receipt of subject of leasing on the territory of the Republic of Belarus no later than 180 calendar days from the date of agreement cancelation of leasing or the termination of term of leasing.

Receipt date of subject of leasing on the territory of the Republic of Belarus date of the room of subject of leasing under the customs procedure providing its import to customs area of the Eurasian Economic Union in the Republic of Belarus or acceptance date of subject of leasing to financial accounting in the procedure established by the legislation is considered if according to the legislation making of customs transaction concerning it is not made.

If the leasing subject repurchase right is provided in the agreement of international leasing, the transaction on the redemption of subject of leasing is drawn up by the separate agreement in foreign trade. The lessor shall provide discharge of the specified agreement both in cash, and in non-cash form no later than 180 calendar days from the date of the conclusion of the specified agreement in foreign trade.

Execution of the redemption of subject of leasing by the separate agreement in foreign trade is not made if international leasing comes to an end with transfer of subject of leasing to property to the leasing recipient - to the nonresident of the Republic of Belarus within the agreement of international leasing because the cost of subject of leasing is completely compensated by the amount of leasing payments.

If other is not established in subitem 1.5 of this Item, the lessor shall provide receipt of each leasing payment no later than 180 calendar days from the corresponding date of such payment established in the agreement of international leasing, except for money:

directed to tax payment according to the legislation of foreign state;

the possible losses which are not subject to compensation from insurance company, representing the amount of own participation of the insurer in covering;

the obligations to banks, including to banks directed to payment - nonresidents of the Republic of Belarus (except obligations on payment of commission fee to the bank serving the account of the lessor in the Republic of Belarus, and agreement obligations, concluded with banks and providing implementation of activities by them for own needs).

At the same time receipt date of money (leasing payments) date of their transfer into the account specified by the lessor in resident bank of the Republic of Belarus is considered;

1.3. the current of the terms provided in parts one, the second and sixth subitem 1.2 of this Item stops from date:

acceptances to consideration of the address of the lessor by judicial or arbitral authorities for recovery by enforcement of debt of the leasing recipient - the nonresident of the Republic of Belarus under the agreement of international leasing or for reclamation from the leasing recipient - the nonresident of the Republic of Belarus of subject of leasing;

acceptances to consideration of the address of the lessor by authorized bodies for recognition and forced execution or for forced execution of the court documents which are subject to recognition and (or) carrying out according to the legislation of the state in the territory of which there is forced execution, on debt collection of the leasing recipient - the nonresident of the Republic of Belarus under the agreement of international leasing or on reclamation of subject of leasing from the leasing recipient - the nonresident of the Republic of Belarus;

the directions of the notification to the insurer on approach of event which can be acknowledged insured event on insured risk under the agreement of international leasing;

excitement by authorized body concerning the leasing recipient - the nonresident of the Republic of Belarus of insolvency matter (bankruptcy);

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