Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of June 18, 2021 No. 221

About opening of special accounts

For the purpose of ensuring timely payment by agricultural organizations *, the legal entities of the Republic of Belarus performing conversion of agricultural products (further, unless otherwise specified, - the organizations of agro-industrial complex), the energy resources released gazo-and the power supplying organizations being part of GPO "Beltopgaz", GPO "Belenergo" (further - gazo-and the power supplying organizations), I decide:

1. Determine that the organizations of agro-industrial complex having debt for the electrical and heat energy and (or) natural gas consumed in January-March, 2021 for April 15, 2021 within one month after entry into force of this Decree open in banks special accounts in Belarusian rubles (further - special accounts) for the term of 31 December of 2026.

Special accounts are opened by the organizations of agro-industrial complex in banks in which current (settlement) bank accounts are opened for these organizations.

The organizations of agro-industrial complex open one special account for payment of electrical and heat energy and (or) one special account for payment of natural gas.

The money enlisted into special accounts has purpose and goes the organizations of agro-industrial complex for payment of the electrical and heat energy and (or) natural gas consumed by them.

Features of functioning of special accounts are determined in appendix.

______________________________

* Legal entities, including their separate divisions which core activity is production of agricultural products.

2. Confer the personal responsibility for:

not transfer timely and in full money into special accounts - on heads of the legal entities of the Republic of Belarus performing conversion of agricultural products;

inappropriate use of the money which is on special accounts, non-compliance with other requirements of this Decree - on heads of the organizations of agro-industrial complex;

the illegal address of collection on the money which is on special accounts, suspension of transactions on these special accounts, seizure of the money which is of them - on officials of the authorized bodies performing such collection, suspension of transactions, seizure.

3. In 10-day time from the effective date of this Decree to send to Department of Energy to regional executive committees and the Minsk Gorispolkom the list of the organizations of agro-industrial complex having debt for the electrical and heat energy and (or) natural gas consumed in January-March, 2021 for April 15, 2021.

4. The guilty acts of officials expressed in the inadequate or untimely accomplishment of regulations of this Decree which entailed damnification of state-owned property or essential harm to the state or public concerns in the presence of the bases attract responsibility according to the Criminal code of the Republic of Belarus.

5. To assign coordination of work on ensuring implementation of this Decree to regional executive committees and the Minsk Gorispolkom, the Ministry of Agriculture and Food and the Department of Energy.

6. To impose control over the implementation of this Decree on the State Control Committee.

7. This Decree becomes effective after its official publication.

President of the Republic of Belarus

A. Lukashenko

Appendix

to the Presidential decree of the Republic of Belarus of June 18, 2021 No. 221

Features of functioning of special accounts

1. Special accounts are opened by banks irrespective of availability at the banks accepted (taken out) by authorized body (official):

decisions (resolutions) on suspension of account transactions of the organizations of agro-industrial complex;

resolutions (determinations) on seizure of the money which is on accounts of the organizations of agro-industrial complex.

2. Agricultural organizations within five working days:

from the date of opening of special accounts the legal entities of the Republic of Belarus performing conversion of agricultural products in writing inform on obligatory money transfer into special accounts with indication of details of such accounts;

from the date of signing of reconciliation statements of calculations with gazo-and the power supplying organizations, confirming absence of debt for the electrical and heat energy and (or) natural gas consumed since January 1, 2021, copies of such acts send to the legal entities of the Republic of Belarus performing conversion of agricultural products.

3. The legal entities of the Republic of Belarus performing conversion of agricultural products provide monthly money transfer in the amount of:

1,5 of percent of the proceeds from sales of goods (works, services) received for the last month on each of the special accounts opened by such legal entities. Transfer is made no later than the last date following after month of receipt of revenue;

1,5 of percent of cost of products shipped to their address by agricultural organizations for the last month * on account of its payment on each of the special accounts opened by these agricultural organizations. Transfer is made no later than the last date following after month of shipment of products.

Money transfer according to part one of this Item is made by the legal entities of the Republic of Belarus performing conversion of agricultural products from the current (settlement) bank accounts:

after payments which according to legal acts are made out of turn;

after tax payment, charges (duties), other obligatory payments in the budget and budgets of state non-budgetary funds;

irrespective of availability in bank of the resolutions (determinations) on seizure of the money which is on accounts accepted concerning such legal entities and (or) decisions (resolutions) on suspension of account transactions.

Money transfer according to part one of this Item into the corresponding special accounts is not made in case of absence on the last number of the expired month of the debt for the electrical and heat energy and (or) natural gas consumed since January 1, 2021 confirmed by reconciliation statements of calculations with gazo-and the power supplying organizations.

Implementation of calculations for the consumed electrical and heat energy and (or) natural gas from special accounts does not change the payment due dates of these energy resources established by agreements.

______________________________

* Except for products of crop production delivered for republican state needs which financing of purchase is performed according to the Presidential decree of the Republic of Belarus of March 4, 2019 No. 97 "About purchase of products of crop production".

4. Transfer to special accounts of money with violation of the procedure provided in parts one and the second Item 3 presents of appendix is not allowed.

The money enlisted into special accounts as a result of technical mistake is charged off these accounts according to the procedure, established by the bank law.

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