PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of January 14, 2019 No. 15

About responsibility for nuclear damage

For the purpose of creation in the Republic of Belarus of the mechanism of financial provision of responsibility for possible nuclear damage when implementing activities for use of atomic energy:

1. Determine that:

1.1. the limit of responsibility of RUP "Belarusian NPP" for the nuclear damage which arose when implementing activities for use of atomic energy before persons which were injured from nuclear damage constitutes 150 million special drawing rights * on one nuclear incident (further - responsibility limit).

If the size of the amount specified in part one of this subitem is not enough for payment of compensations of harm for nuclear damage for the satisfied claims concerning RUP "Belarusian NPP", the Republic of Belarus provides payment of these compensations over the specified amount, but no more than 150 million special drawing rights on one nuclear incident;

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* For the purposes of this Decree special drawing rights are understood as the unit of account determined by the International Monetary Fund.

1.2. form of financial provision of responsibility of RUP "Belarusian NPP" for nuclear damage within limit of responsibility is civil responsibility insurance for the nuclear damage which arose when implementing activities for use of atomic energy (further - liability insurance for nuclear damage);

1.3. the system of insurance of valuable interests of RUP "Belarusian NPP" includes liability insurance for nuclear damage and risks reinsurance, accepted when implementing liability insurance for nuclear damage, and also insurance and reinsurance of other risks arising in work of the Belarusian NPP.

The Belarusian NPP for the purposes of liability insurance for nuclear damage is considered as single nuclear installation in structure of two nuclear reactors and complex of systems, devices, the equipment and the constructions, necessary for their functioning, provided and corresponding to the project documentation on its construction.

The organization and functioning of system of insurance of valuable interests of RUP "Belarusian NPP" are provided by Belgosstrakh, Beleksimgarant and the state company "Belarusian National Reinsurance Organization" which are participants of the Belarusian nuclear insurance pool.

Participants of the Belarusian nuclear insurance pool have the right to accept in reinsurance insurance risks from nuclear insurance pools of foreign states.

The conclusion and execution of insurance contracts, including insurance contracts of responsibility for nuclear damage, on behalf of the Belarusian nuclear insurance pool performs Belgosstrakh.

Placement in reinsurance (including abroad and from abroad) insurance risks makes the state company "Belarusian National Reinsurance Organization" on behalf of the Belarusian nuclear insurance pool;

1.4. The Belarusian nuclear insurance pool is created based on the agreement on the Belarusian nuclear insurance pool signed by his participants (further - the agreement on bullet).

Shall be provided in the agreement on bullet:

order of interaction of participants of the Belarusian nuclear insurance pool, their right and obligation;

procedure and terms of settlement between participants of the Belarusian nuclear insurance pool in case of the conclusion of insurance contracts, reinsurance (introduction of changes in them and (or) amendments), implementation of insurance payments and the related expenses;

procedure for modification and (or) amendments in the agreement on bullet, resolution of disputes;

other conditions determined by agreement of the parties agreements on bullet.

Belgosstrakh shall within three working days from the date of agreement signature about bullet (introduction of amendments and (or) amendments to this agreement) to notify on it the Ministry of Finance with application of a copy of the agreement on bullet (changes and (or) amendments in this agreement);

1.5. obligations assumed according to insurance contracts within the Belarusian nuclear insurance pool (further - insurance bonds), are distributed between his participants in equal shares.

Participants of the Belarusian nuclear insurance pool bear joint liability on execution of insurance bonds.

Insurance reserves, including stabilization reserve, are formed by participants of the Belarusian nuclear insurance pool according to the insurance bonds corresponding to share of each of them in the risks accepted on insurance;

1.6. the insurance contract of responsibility for nuclear damage shall be signed by RUP "Belarusian NPP" and the Belarusian nuclear insurance pool on behalf of Belgosstrakh before import of nuclear fuel to the territory of the Republic of Belarus. At the same time the insurance contract of responsibility for nuclear damage becomes effective from the date of crossing by nuclear fuel of Frontier of the Republic of Belarus.

The insurance contract of responsibility for nuclear damage is signed for one year. The insurance sum (responsibility limit) is under this agreement determined for one year in the amount of limit of responsibility of RUP "Belarusian NPP".

Liability insurance agreement parties for nuclear damage shall provide liability insurance continuity for nuclear damage by the conclusion of such agreement for new term not later than ten working days before the end of operation of the previous agreement. At the same time the insurance contract of responsibility for the nuclear damage signed for new term becomes effective from the date of, the end of operation of the previous agreement following behind day.

Insurance premiums on liability insurance are paid for nuclear damage to RUP "Belarusian NPP":

before input of the Belarusian NPP in operation - at the expense of the means of the republican budget provided on financing of activities of RUP "Belarusian NPP";

after input of the Belarusian NPP in operation - at the expense of the means received by RUP "Belarusian NPP" from implementation of the activities which are bringing in incomes;

1.7. the expenses connected with conducting the international preinsurance engineering inspection are distributed between participants of the Belarusian nuclear insurance pool in accordance with the terms of the agreement on bullet;

1.8. other conditions of liability insurance for nuclear damage, including insurance rates, are determined in the single rules of liability insurance for nuclear damage approved by Belgosstrakh and approved with the Ministry of Finance.

The liability insurance conditions for nuclear damage containing in single rules of insurance, including which are not included in the text of the insurance contract of responsibility for nuclear damage are obligatory for the parties of this agreement and persons which were injured from nuclear damage;

1.9. for the purpose of ensuring payments of compensations of harm with the Republic of Belarus for nuclear damage for the satisfied claims concerning RUP "Belarusian NPP" from the date of input of the Belarusian NPP in operation and during the entire period of implementation of activities for use of atomic energy this republican unitary enterprise transfers payment for ensuring payments of compensations of harm with the Republic of Belarus for nuclear damage into the republican budget;

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