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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of June 2, 2020 No. 187

About approval of the international treaty and its realization

For the purpose of implementation of the investment project "The Framework Programme on the Water Sector of Belarus, the Third Stage — Subprojects of Sewage in the Cities of Kletsk, Lyuban, Fanipol, Baranovichi, Bereza, Zhlobin, Shklov" (further - the project) I decide:

1. Approve the Credit agreement (The Framework programme on the water sector of Belarus, the third stage - Subprojects of sewage in the cities of Kletsk, Lyuban, Fanipol, Baranovichi, Bereza, Zhlobin, Shklov) between the Republic of Belarus and the European Bank for Reconstruction and Development signed in London on November 22, 2019 (further - the Agreement).

2. Provide means of loan of the European Bank for Reconstruction and Development (further - the EBRD) in the amount 26, to 8 million euros (further - loan) for implementation of actions provided by the Agreement including:

To the Baranovichi KUPP "Vodokanal" - 3, 54 million euros;

GUPP "Berezovsky Housing and Public Utilities" - 2, 64 million euros;

KZhUP Uniky - 5, 46 million euros;

CLUMPS of Molodechnovodokanal - 3, 84 million euros;

CLUMPS of Soligorskvodokanal - 7, 6 million euros;

UPKP VKH "Mogilevoblvodokanal" - 3, 72 million euros.

3. Determine:

the companies listed in Item 2 of this Decree, customers of the actions provided by the Agreement (further - customers);

JSC ASB Belarusbank agent bank of the Government of the Republic of Belarus on servicing of loan.

4. Determine that 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 determined by the Agreement;

represents reports on use of means of loan, the project progress to the Ministry of Housing and Public Utilities and the EBRD;

has the right to increase the number of employees by 5 people for the purpose of forming of central group on project implementation for implementation within project implementation of purchases, the solution of social-and-ecological, technical and other questions according to the requirements determined by the Agreement;

provides monitoring of the project progress, the made decisions on its objects, and also efficiency of use of means of loan.

Expenses of the state company "BELKOMTEKHINVEST" for implementation of the functions determined in part one of this Item are financed by grant means of the EBRD within the relevant grant agreement signed by the specified company with the EBRD.

5. To the Ministry of Housing and Public Utilities to sign the agreement on procedure for use and repayment of loan with the Brest, Gomel, Minsk and Mogilev regional executive committees, customers, the state company "BELKOMTEKHINVEST", JSC ASB Belarusbank and the Ministry of Finance.

6. Provide to customers:

transfer at the expense of own means in the republican budget of payments for repayment of loan, interest payment, the commissions and other payments on it regarding the means of loan received according to Item 2 of this Decree not later than 10 days to the payment dates established by the Agreement;

implementation of actions, provided by the Agreement;

target use of means of loan.

7. To the Brest, Gomel, Minsk and Mogilev regional executive committees:

7.1. exercise control for:

implementation of actions, provided by the Agreement;

target use of means of loan;

efficiency of the made technical and technology decisions on the objects included in the project;

terms of implementation of actions, provided by the Agreement;

execution by customers of obligations on repayment and servicing of means of loan;

7.2. inform the Ministry of Taxes and Tax Collection and the State Customs Committee no later than 10 days from the date of completion of project implementation on end date of its realization.

8. Exempt till December 31, 2024:

8.1. from import customs duties (taking into account the international obligations of the Republic of Belarus) and the value added tax 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) imported at the expense of means of loan for the purpose of project implementation;

8.2. from the value added tax turnovers on realization to customers general contract organization of goods (works, services) for the purpose of project implementation at the expense of means of loan.

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, 2024 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 purchased (works, services) at the expense of means of loan for the purpose of project implementation.

9. The bases for release from import customs duties, the value added tax and implementation of deduction of tax amounts on value added are in full determined in appendix.

10. Income of customers gained in payment type according to the bank guarantees issued in ensuring obligation fulfillment under agreements (contracts) signed for the purpose of project implementation of the amount of penalties and penalty fee under the specified agreements (contracts) is not included non-operating incomes and is not considered by customers in case of calculation of part of profit (income) **.

The income specified in part one of this Item is spent for the purposes of project implementation, and also for repayment of expenses of the customers who arose because of non-execution by general contract organization, contract organizations of agreement obligations (contracts) signed for the purpose of project implementation.

The expenses of customers covered at the expense of the means specified in part one of this Item are not considered in case of determination of taxable profit and in case of calculation of part of profit (income) **.

______________________________

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

** No. 637 "About procedure for calculation in the budget of part of profit of the state unitary enterprises, the national associations which are the commercial organizations and also the income from the shares (share in authorized funds) of economic societies which are in republican and municipal property and about formation of the state trust budget fund of national development" is estimated according to the Presidential decree of the Republic of Belarus of December 28, 2005.

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