Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of December 4, 2019 No. 435

About approval of international treaties and their realization

For the purpose of implementation of the investment project "Increase in Efficiency and Quality of Utilities" (further - the Project) I decide:

1. Approve:

The agreement on loan ("Increase in Efficiency and Quality of Utilities" project) between the Republic of Belarus and the International Bank for Reconstruction and Development signed in Minsk on July 24, 2019 (further - the Agreement);

The agreement on financing (Upgrade of utilities in Belarus) between the Republic of Belarus and the European Investment Bank signed in Minsk on July 24, 2019 (further - the Agreement).

2. Allocate funds of loan of the International Bank for Reconstruction and Development in the amount of 90 million euros (further - I will jam IBRD) and loan of the European Investment Bank in the amount of 66 million euros (further - will jam EIB) on implementation of actions provided by the Agreement and the Agreement.

3. Determine agent bank of the Government of the Republic of Belarus by servicing of loan of EIB JSC Belinvestbank (further - Bank).

4. Determine that for the purpose of implementation of the Agreement and the Agreement the state company "BELKOMTEKHINVEST":

performs actions for preparation for project implementation;

holds the auction on purchases of goods (works, services) for project implementation according to the procedure and according to the requirements defined by the Agreement and the Agreement;

keeps financial accounting of economic activities according to the Agreement and the Agreement, constitutes the accounting and (or) financial reporting;

represents reports on use of means of loans of IBRD and EIB to the Ministry of Housing and Public Utilities, the International Bank for Reconstruction and Development, the European Investment Bank;

opens in Bank special accounts in foreign currency (euro) for transfer of means of loans of IBRD and EIB. Under each loan only one special account is opened. Features of functioning of special accounts are determined in appendix 1;

can increase the number of employees by 5 people for implementation within project implementation of purchases, management of finance, the solution of social-and-ecological, technical and other questions for support of the Project according to the requirements defined by the Agreement and the Agreement;

provides monitoring of the project progress, the made decisions on the objects included in the Project and also efficiency of use of borrowed funds.

Expenses on implementation of the functions of the state company "BELKOMTEKHINVEST" determined in parts one of this Item, including the expenses provided on financing of component 4, specified in appendix 1 to the Agreement, are financed from means of loan of IBRD from the effective date of this Decree.

5. To regional executive committees:

5.1. in coordination with the Ministry of Housing and Public Utilities to provide determination of customers of works on the actions and objects included in the Project (further - customers);

5.2. provide at the expense of means of regional budgets transfer in the republican budget of 50 percent of payment amount on repayment of loans of IBRD and EIB, interest payment, the commission and other payments on them not later than 10 days to the payment dates established in the Agreement and the Agreement;

5.3. provide from the effective date Agreements and Agreements when refining indicators of budgets of areas for 2019, and also when forming budget statements of areas for 2020-2050 of funds for obligation fulfillment according to subitem 5.2 of this Item;

5.4. perform operational interaction with the state company "BELKOMTEKHINVEST" concerning project implementation;

5.5. exercise control over the implementation of the actions provided by the Agreement and the Agreement, efficiency of the made technical and technology decisions on the objects included in the Project, terms of implementation of actions of the Project and application of penalties under the signed contracts;

5.6. exercise control of target use by customers of means of loans of IBRD and EIB.

6. In case of non-execution by regional executive committees at the scheduled time of the obligations specified in subitem 5.2 of Item 5 of this Decree, the money which is due for transfer in the republican budget is collected by the Ministry of Finance in indisputable procedure.

7. To the Ministry of Housing and Public Utilities, regional executive committees, Bank, the state company "BELKOMTEKHINVEST" to sign agreements on procedure for use and repayment of loans of IBRD and EIB with the Ministry of Finance.

8. The payment in the republican budget for provision of means of loans of IBRD and EIB is not levied.

9. Exempt till December 31, 2025:

9.1. from import customs duties (taking into account the international obligations of the Republic of Belarus) and the value added tax, levied by customs authorities when importing to the territory of the Republic of Belarus, the equipment, including machines, mechanisms, and also the materials which are included in the package of delivery of the corresponding equipment, and the components (except for excisable) acquired at the expense of means of loans of IBRD and EIB for project implementation;

9.2. from the value added tax turnovers on realization to the customer general contract organization of goods (works, services) for the purpose of project implementation at the expense of means of loans of IBRD and EIB.

Tax amounts on value added *, shown to general contract organization in case of purchase of goods (works, services) for the purpose of project implementation, are deductible till December 31, 2025 at general contract organization in full.

The tax amounts on value added falling on the turnovers exempted from the value added tax according to part one of this subitem, including accepted to deduction in full are determined by method of separate accounting of the tax deductions depending on the directions of use of goods (works, services) acquired at the expense of means of loans of IBRD and EIB;

______________________________

* Recognized according to the legislation the tax deductions, except for the tax amounts which are not deductible according to the legislation.

9.3. from the value added tax turnovers on realization in the territory of the Republic of Belarus the foreign organizations which are not performing activities in the Republic of Belarus through permanent mission and not consisting with respect thereto on accounting in tax authorities of the Republic of Belarus, works, services, property rights under the agreements signed with customers for the purpose of project implementation at the expense of means of loans of IBRD and EIB;

9.4. from the value added tax turnovers on realization in the territory of the Republic of Belarus the Belarusian organizations (except for general contract organization) and (or) individual entrepreneurs of works, services, property rights under the agreements signed with customers for the purpose of project implementation at the expense of means of loans of IBRD and EIB;

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