PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of March 4, 2019 No. 97

About purchase of products of crop production

For the purpose of financing of purchase of products of crop production of harvest of 2019 and the next years delivered for republican state needs, other products and ensuring calculations for it I decide:

1. In 2019 and the next years are granted by banks to suppliers * the loans on the conditions determined by banks for a period of up to one year (further, unless otherwise specified, - the credits) for:

calculations for products of crop production of harvest of 2019 and the next years delivered for republican state needs, including for its advance payment (advance payments) under delivery agreements (further - the delivery agreement for the state needs), cost recoveries 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;

payments of 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 2019 and the next years of potatoes, including seed, grains, 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 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 on:

acquisition of fuels and lubricants, mineral fertilizers, including expenses on their delivery, spare parts, remedies of plants, seeds, and also debt repayment on them;

fee on repair of agricultural machinery, cultivation and cleaning of sugar beet, and also debt repayment on them;

salary payment (including charges on it).

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* For the purposes of this Decree the supplier is understood as person who signed contracts of delivery of goods (agricultural products) for republican state needs with suppliers of agricultural products, the organization of consumer cooperation performing procurement of products of crop production, determined by the Belarusian republican union of consumer societies.

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

2. To banks to establish service fee on issue from the current (settlement) bank accounts of the cash called 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, grain, fruit and berries fresh (including wild-growing), vegetables and mushrooms (including wild-growing) birch sap.

Use by the supplier of this cash for settlings with the physical persons who are not individual entrepreneurs according to the procedure of advance payment (advance payment) for purchased potatoes, including seed, grain, fruit and berries fresh (including wild-growing), vegetables and mushrooms (including wild-growing), birch sap is performed within 30 calendar days from the moment of their obtaining.

The cash amounts of money which are not used by suppliers according to specified by procedure, the purposes and terms go these suppliers no later than the following banking day after 30 calendar days from the moment of their obtaining for repayment of the loans granted according to the paragraph to the fourth to part one of Item 1 of this Decree for accounts on accounting of credit debt of the bank which provided this money.

3. Determine that:

3.1. provision to suppliers according to the list which is annually approved by Council of Ministers of the Republic of Belarus, subsidies for payment of part of interest for using the credits (further - subsidies) is performed in 2019 and the next years 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 of the overdue and (or) deferred (spread) debt on principal debt on the credits;

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. purchase and sale agreements (deliveries) of the agricultural products acquired under the delivery agreement for the state needs by the supplier who is not the processor of such products (further - the purchase and sale agreement (deliveries) for own needs (conversion), consist it with buyers of agricultural products *, conducting procurement of such products for own needs (conversion);

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* For the purposes of this Decree the buyer of agricultural products is understood as the legal entity who is performing activities according to the types of economic activity determined by Council of Ministers of the Republic of Belarus, received the crop production products delivered for republican state needs from the supplier (seller).

3.5. the economic societies acting as guarantors, guarantors of suppliers on the loans granted by banks according to paragraphs to the second and third part one of Item 1 of this Decree provide these guarantees, guarantees without the restrictions set in part one of Item 2 of the Presidential decree of the Republic of Belarus of May 5, 2006 No. 296 "About streamlining of use of financial resources of the state organizations and economic societies from shares of the state in authorized funds";

3.6. in case of death of crops of certain crop the unexecuted obligation of the supplier on transfer to the supplier in time, established by the delivery agreement for the state needs, the prepaid corresponding agricultural products which are grown up (made) in the corresponding year upon termination of effective period of this agreement is subject to the termination.

Such termination is performed according to the written agreement of the parties by transfer to the supplier of these agricultural products which are grown up (made) by the supplier in the years ahead at the price of such products operating in year in which crops were grown up.

Action of parts one and the second this subitem does not extend to purchases of products of crop production for republican state needs with use of the credits of banks.

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