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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS AND NATIONAL BANK OF THE REPUBLIC OF BELARUS

of May 4, 2021 No. 260/5

About export financing

In pursuance of Item 3 of the Presidential decree of the Republic of Belarus of February 4, 2021 No. 39 "About change of presidential decrees of the Republic of Belarus" and based on Item 2 of the Regulations on procedure for compensation of losses to banks from provision of export loans, and also to the banks and the non-bank credit and financial organizations performing financing under concession of the monetary claim (factoring) in case of implementation of export contracts approved by the Presidential decree of the Republic of Belarus of August 25, 2006 No. 534, Council of Ministers of the Republic of Belarus and National Bank of the Republic of Belarus POSTANOVLYAYUT:

1. Determine that:

1.1. the residents applying in 2021-2022 for receipt of export loans (except for the leasing organizations) or the organizations which are not residents (except for foreign banks), and also on the conditions determined in subitems 4.1 and 4.2 of item 4 and Item 9 of the Presidential decree of the Republic of Belarus of August 25, 2006 No. 534 "About assistance to commodity export development (works, services)" represent the residents applying for implementation of financing under concession of monetary claim (factoring) in case of implementation of export contracts (further, unless otherwise specified, - financing under concession of monetary claim):

in bank in case of receipt of export loan (in bank and the non-bank credit and financial organization when implementing financing under concession of monetary claim) - the documents determined by this bank (the non-bank credit and financial organization);

in the Ministry of Finance - reasons for feasibility of provision of export loan (implementation of financing under concession of monetary claim) in the required amount, repayment period of export loan (the term of implementation of financing under concession of monetary claim) and the intentions of its use for the purpose of provided by the Presidential decree of the Republic of Belarus of August 25, 2006 No. 534, and also calculation of compensation amount made by bank (the non-bank credit and financial organization) to bank (the non-bank credit and financial organization) of losses from provision of export loan (implementation of financing under concession of monetary claim).

Are applied to reasons:

the certificate of the main economic indicators in the form established by the Ministry of Economics with indication of indicators in the year preceding year of attraction of export loan (implementation of financing under concession of monetary claim), and on the last reporting date of the current year;

copies of contracts or provisional contracts about realization on commodity export (works, services);

1.2. the bank (the non-bank credit and financial organization) and (or) the residents (except for the leasing organizations) applying for receipt of export loans for insurance of export risks with support of the state or insurance of export risks represent:

in the Belarusian republican unitary enterprise of export-import insurance "Beleksimgarant" (further - Beleksimgarant) - the documents provided in rules of insurance of the export risks with support of the state approved by Beleksimgarant;

in the insurance company having the right to implementation of insurance of export risks according to the Regulations on insurance (reinsurance) of export risks approved by the Presidential decree of the Republic of Belarus of August 25, 2006 No. 534 (further - the insurer), - the documents provided in rules of insurance of the export risks approved by the insurer;

1.3. The Ministry of Finance within 5 working days from the date of receipt of documents, the specified in paragraph three of part one and part two of subitem 1.1 of this Item, informs bank (the non-bank credit and financial organization) on possibility of compensation of losses by provision of export loan (implementation of financing under concession of monetary claim);

1.4. The Beleksimgarant or the insurer within 10 calendar days from the date of receipt of the documents specified in subitem 1.2 of this Item analyzes them, makes the decision on insurance of export risks with support of the state (initiates entering in accordance with the established procedure into Council of Ministers of the Republic of Belarus of the relevant decision), or on insurance of export risks, or about impossibility of such insurance and reports about the made decision to bank (the non-bank credit and financial organization);

1.5. the bank (the non-bank credit and financial organization) within 5 working days from the date of receipt of the decision of Beleksimgarant on insurance of export risks with support of the state (adoption of the relevant decision by Council of Ministers of the Republic of Belarus) or decisions of the insurer on insurance of export risks and information of the Ministry of Finance specified in subitem 1.3 of this Item makes the decision on provision of export loan (implementation of financing under concession of monetary claim) and in case of the positive decision sends to the resident or the organization which is not resident, the draft of the credit agreement (the agreement of financing under concession of monetary claim (further - the agreement of factoring) which consists:

with resident - in five-day time from the date of adoption by bank of the positive decision on provision of export loan (bank, the non-bank credit and financial organization - about implementation of financing under concession of monetary claim);

with the organization which is not resident - in chetyrnadtsatidnevny time after receipt of coordination according to the draft of the credit agreement.

Lack of coordination by the Ministry of Finance of possibility of compensation of losses to bank by provision of export loan (to bank, the non-bank credit and financial organization - when implementing financing under concession of monetary claim) or availability of the decision of Beleksimgarant on impossibility of insurance of export risks with support of the state or the decision of the insurer on impossibility of insurance of export risks is the basis for refusal by bank in provision of export loan (bank, the non-bank credit and financial organization - in implementation of financing under concession of monetary claim);

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