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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of January 26, 2021 No. 32

About funds of the Belarusian nuclear power plant

(Extraction)

For the purpose of ensuring financing of works on conclusion from operation, to early conclusion from operation or to restriction of operational characteristics of the Belarusian nuclear power plant (further - the NPP), and also research, developmental and other works on maintenance and increase in safety of the NPP I decide:

1. Create fund of financing of works on conclusion from operation of the NPP (further - fund of conclusion from operation of the NPP) and fund of financing of works on maintenance and increase in safety of the NPP (further respectively - fund of safety of the NPP, NPPs funds).

2. Determine that:

2.1. RUP "Belarusian Nuclear Power Plant" monthly, since the month following after month on which date of commissioning of the NPP falls makes assignment of money in NPPs funds.

Money of NPPs funds is used according to the procedure and on the purposes provided by this Decree;

2.2. the amount of contributions to NPPs funds, except for the case provided in part two of subitem 2.9 of this Item is determined annually no later than December 1 of the year preceding the planned period, the Department of Energy in coordination with the Ministry of anti-monopoly regulation and trade and the Ministry of Finance in the form of the standard rates established percentage of proceeds from sales of the electrical energy made by the NPP, excluding tax on value added.

The cumulative amount of contributions to NPPs funds cannot exceed 15 percent from proceeds from sales of the electrical energy made by the NPP, excluding tax on value added;

2.3. the accounting period on contributions to NPPs funds calendar month is recognized.

Money transfer in NPPs funds is made in Belarusian rubles no later than the last working day of the month following for reporting.

On the amount of the obligation which is not fulfilled in time on money transfer in NPPs funds determined as difference between the cash amounts estimated and listed in NPPs funds, percent in the amount of 1/360 refunding rates of National Bank, their payment operating for date, for each calendar day of delay since first calendar day of the second month following reporting are charged.

RUP "Belarusian Nuclear Power Plant" are listed in NPPs funds percent in addition to the amount of the obligation which is not fulfilled in time on money transfer in NPPs funds;

2.4. the money deducted in NPPs funds is subject to accounting on the single treasurer account of the Ministry of Finance in National Bank (further - the single treasurer account) without their inclusion in structure of the income and expenses of the republican budget. Accounting of transactions on receipt and use of the specified money is performed through territorial authorities of the State Treasury according to the procedure, established for accounting of extrabudgetary funds on the single treasurer account.

For use of the money of NPPs funds which is on the single treasurer account, National Bank pays to the income of the republican budget percent according to the procedure and the size, established by the agreement between National Bank and the Ministry of Finance;

2.5. RUP "Belarusian Nuclear Power Plant":

makes money transfer, subject to contribution to NPPs funds, into the single treasurer account before implementation of the corresponding payments in the priority established by legal acts irrespective of availability at banks of decisions (resolutions) on suspension of account transactions of RUP "Belarusian Nuclear Power Plant", resolutions (determinations) on seizure on being of them money accepted (taken out) by the bodies (officials) authorized according to legal acts;

includes contributions to NPPs funds to structure of costs for production and sales of goods (works, services) in the accounting period, the property rights considered in case of the taxation;

the paragraph the fourth - for office use.

Transfer of revenue and other money to the single treasurer account is not allowed, except:

means of monthly contributions to NPPs funds according to the standard rates specified in part one of subitem 2.2 of this Item;

the percent added on the amount of the obligation which is not fulfilled in time on money transfer in NPPs funds according to part three of subitem 2.3 of this Item;

the income on transactions provided in the paragraph the second part three of subitem 2.6 of this Item;

the compensation amounts used not for purpose of money of NPPs funds according to subitem 2.16 of this Item;

2.6. The Ministry of Finance exercises cash management of fund of conclusion from operation of the NPP and the money accumulated as a part of fund of safety of the NPP for accomplishment of the actions specified in part two of subitem 2.12 of this Item based on the management agreement money of NPPs funds signed with RUP "Belarusian Nuclear Power Plant" (further - the agreement).

The agreement shall contain the following compulsory provisions:

the amount of money of the NPPs funds available to management;

term of management;

accounting treatment and reflections of transactions on management;

rights and obligations of the Parties;

responsibility of the parties for non-execution or improper execution of its conditions.

Income gained by the Ministry of Finance from cash management of NPPs funds goes:

in the amount of 75 percent from the gained income - on annual capitalization of means of NPPs funds;

in the rest - in the income of the republican budget.

If the size of the money which is subject to annual capitalization according to the paragraph to the second part three of this subitem, less than the size of annual indexation of the funds for the size of forecast price indexes transferred to the Ministry of Finance under the agreement in construction, the Ministry of Finance for capitalization of means of NPPs funds allocates money in the amount of the specified indexation, but the amounts of the gained income are not higher;

2.7. RUP "Belarusian Nuclear Power Plant" in case of determination of tax base of the income tax and calculation of part of profit (income) * does not include in structure:

non-operating incomes - income gained from management of the Ministry of Finance of money of NPPs funds;

costs on production and sales of goods (works, services) and (or) non-operating expenses - the expenses incurred at the expense of means of NPPs funds.

RUP "Belarusian Nuclear Power Plant" reflects in the financial accounting the transactions made by it within accomplishment of this Decree according to the procedure determined by the Department of Energy;

______________________________

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