Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of February 6, 2020 No. 40

About fuel cards

For the purpose of stimulation of development of trade and rendering services taking into account the transit capacity of the Republic of Belarus:

1. Determine that:

1.1. accounting of payment of driving of vehicles through paid highways, leaves and payments of oil products, other fuels and lubricants, goods (works, services) for maintenance of serviceable condition of the vehicle, ensuring power supply and rest of the driver is allowed with use:

in the territory of the Republic of Belarus - fuel cards of issuers - residents and nonresidents;

in the territory of foreign states - fuel cards of resident issuers;

1.2. in the territory of the Republic of Belarus have the right to release fuel cards residents in case of simultaneous observance of the following conditions by them:

implementation of activities for wholesale trade by oil products, and (or) retail trade by oil products, and (or) to collection of fare on paid highways;

registration of resident as the issuer of fuel cards in the territory of the Republic of Belarus according to the procedure, determined by Council of Ministers of the Republic of Belarus.

The activities for release into the stream of commerce of fuel cards in the territory of the Republic of Belarus performed by persons which are not registered as the issuer of fuel cards in the territory of the Republic of Belarus are illegal and attract responsibility according to legal acts;

1.3. accounting units of payment of driving of vehicles through paid highways, leaves and payments of goods (works, services) with use of fuel cards are not electronic money;

1.4. about transactions with use of fuel cards in the territory of the Republic of Belarus residents - issuers of fuel cards, and also other residents - legal entities have the right to perform activities for collection, processing and information transfer;

1.5. goods issue (works, services) in the territory of the Republic of Belarus with use of fuel cards of residents - issuers of fuel cards is performed:

suppliers - issuers of fuel cards according to the fuel cards emitted by them;

other suppliers according to the signed contracts with residents - issuers of fuel cards or with other residents - the legal entities performing collection, processing and information transfer about transactions with use of fuel cards of residents - issuers of fuel cards.

Goods issue (works, services) in the territory of the Republic of Belarus with use of fuel cards of nonresidents - issuers of fuel cards is performed by suppliers according to the signed agreements:

with nonresidents - issuers of fuel cards;

with residents - the legal entities performing collection, processing and information transfer about transactions with use of fuel cards of nonresidents - issuers of fuel cards.

Essential conditions of the agreements specified in parts one and the second this subitem in addition to determined by the legislation are:

types of goods (works, services) which can be released with use of fuel cards;

the obligation of suppliers to provide goods issue (works, services) in case of presentation of fuel cards;

conditions and procedure of payments for goods (works, services) which can be released with use of fuel cards;

measures of protection from unauthorized use of fuel cards;

obligation of issuers of fuel cards, residents - the legal entities performing collection, processing and information transfer about transactions with use of fuel cards to make timely calculations with suppliers for the sold goods (works, services);

1.6. the resident - the issuer of fuel cards shall place and support in urgent condition on the official site on the global computer Internet information:

about conditions of release into the stream of commerce and use of fuel cards, including data on types of goods (works, services) which can be released;

about the suppliers performing goods issue (works, services) with use of the fuel cards emitted by the resident - the issuer of fuel cards;

about nonresidents - issuers of fuel cards which collection, processing and information transfer about transactions with use of fuel cards are performed by the resident - the issuer of fuel cards (in case of implementation of such activities by it), including the data provided in paragraphs second and third part two of this subitem.

The resident - the legal entity, the performing collection, processing and information transfer about transactions with use of fuel cards of nonresidents - issuers of fuel cards, shall place and support in urgent condition on the official site on the global computer Internet information on nonresidents - issuers of fuel cards which collection, processing and information transfer about transactions with use of fuel cards it performs, including data:

about types of goods (works, services) which can be released with use of fuel cards of the nonresident - the issuer of fuel cards;

about the suppliers performing goods issue (works, services) with use of the fuel cards emitted by the nonresident - the issuer of fuel cards;

1.7. goods issue (works, services) to the residents or nonresidents acquiring them at suppliers with use of fuel cards is drawn up by the supplier at the time of leave of such goods (works, services) by issue of the document *, the conclusion which is confirmation of the purchase and sale agreement of goods between them (performance of works, rendering services), with indication of description of goods (work, service) and its costs;

______________________________

* In case of acquisition of oil products at gas stations, and also goods (works, services) at the suppliers having the cash equipment by issue of the payment document created by the cash equipment.

1.8. for the purposes of this Decree the terms "resident" and "nonresident" have the values determined respectively in Items 7 and 8 of article 1 of the Law of the Republic of Belarus of July 22, 2003 No. 226-Z "About currency control and currency exchange control", "wholesale trade by oil products" and "retail trade by oil products" - in Item 354 of the Regulations on licensing of separate types of activity approved by the Presidential decree of the Republic of Belarus of September 1, 2010 No. 450, and also terms in the following values are used:

the nonresident - the issuer of fuel cards - the person who is the nonresident and performing release into the stream of commerce of fuel cards outside the Republic of Belarus;

goods issue (works, services) - transfer of goods (performance of works, rendering services) to residents or nonresidents with use of fuel cards;

paid highways - roads and (or) their certain sections, including the sections of the drive on bridges and other artificial features located in the territory of the Republic of Belarus or foreign states for journey through which the payment is levied;

suppliers - legal entities and individual entrepreneurs - the residents performing goods issue (works, services) according to this Decree;

the resident - the issuer of fuel cards - the legal entity who is resident and performing release into the stream of commerce of fuel cards in the territory of the Republic of Belarus;

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