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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of September 14, 2021 No. 341

About implementation of the Credit agreement

For the purpose of ensuring implementation of the Credit agreement ("Grodno Regional Oncological Center" project) between the Republic of Belarus and the Kuwaiti fund of the Arab economic development of January 27, 2021 (further - the Credit agreement) for implementation of the investment project "Reconstruction of complex of buildings of UZ "City clinical hospital No. 3 of Grodno" under "The Grodno regional clinical oncological dispensary" (further - the investment project):

1. Provide means of loan of the Kuwaiti fund of the Arab economic development in the amount 7, to 5 million Kuwaiti dinars (further - loan) to GOUP "UKS of the Grodno Regional Executive Committee" which is the organization responsible for implementation of the investment project. GOUP "UKS of the Grodno Regional Executive Committee" of means of loan to direct to implementation of actions of the investment project, provided by the Credit agreement (further - actions).

2. Determine that GOUP "UKS of the Grodno Regional Executive Committee":

2.1. provides implementation of actions, and also target use of means of loan;

2.2. provides opening in JSC Belinvestbank of the special account in US dollars for transfer of means of loan in the amount equivalent to loan amount, within implementation of actions (further - the special account). Features of functioning of the special account are determined in appendix 1;

2.3. performs the organization and carrying out purchases of goods (works, services) for implementation of actions according to the procedure and according to the requirements determined by the Credit agreement with attraction if necessary Belmedtekhnika Unitary Enterprise and its affiliated enterprises;

2.4. keeps financial accounting of economic activities according to the requirements determined by the Credit agreement constitutes the accounting and (or) financial reporting;

2.5. submits in the Ministry of Health reports on implementation of actions and other reporting in the procedure established by the Credit agreement.

3. Exempt till December 31, 2025:

3.1. from the value added tax turnovers on realization in the territory of the Republic of Belarus the Belarusian organizations and (or) individual entrepreneurs of goods (works, services), property rights under the agreements signed with GOUP "UKS of the Grodno Regional Executive Committee" for the purpose of implementation of the investment project at the expense of means of loan;

3.2. from import customs duties (taking into account the international obligations of the Republic of Belarus) and the value added tax processing equipment, accessories and spare parts to it, the raw materials and materials imported on the territory of the Republic of Belarus for exclusive use in the territory of the Republic of Belarus for the purpose of implementation of the investment project at the expense of means of loan;

3.3. from the value added tax turnovers on realization in the territory of the Republic of Belarus the foreign organizations which are not performing activities in the territory of the Republic of Belarus through permanent mission and not consisting with respect thereto on accounting in tax authorities of the Republic of Belarus, goods (works, services), property rights under agreements (contracts) signed with GOUP "UKS of the Grodno Regional Executive Committee" for the purpose of implementation of the investment project at the expense of means of loan;

3.4. from the value added tax turnovers on realization of GOUP "UKS of the Grodno Regional Executive Committee" in the territory of the Republic of Belarus general contract organization of goods (works, services), property rights for the purpose of implementation of the investment project.

Tax amounts on value added *, shown to general contract organization in case of purchase of goods (works, services), the property rights used for the purpose of implementation of the investment project, and falling on the turnovers exempted from the value added tax according to part one of this subitem are deductible till December 31, 2025 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), property rights;

______________________________

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

3.5. the foreign organizations which are not performing activities in the Republic of Belarus through permanent mission and not consisting with respect thereto on accounting in tax authorities of the Republic of Belarus, from tax on the income of the foreign organizations which are not performing activities in the Republic of Belarus through permanent mission in case of receipt of the income from rendering consulting and other services within implementation of the investment project at the expense of means of loan.

Provisions of part one of this subitem extend to residents of the states to whom the Republic of Belarus does not apply the international agreements on avoidance of double taxation for date of emergence of obligations on the tax discharge on the income of the foreign organizations which are not performing activities in the Republic of Belarus through permanent mission.

4. The bases for tax exemption on value added and import customs duties are determined in appendix 2.

5. To the Grodno regional executive committee:

5.1. provide transfer in the republican budget of 50 percent of payments for servicing and repayment of loan by budget funds of the Grodno region not later than 10 days before dates of implementation of the payments established by the Credit agreement;

5.2. provide expense recovery of GOUP "UKS of the Grodno Regional Executive Committee" connected with execution of the Credit agreement * by budget funds of the Grodno region;

______________________________

* The expenses connected with execution of the Credit agreement are understood as administrative expenses, expenses on goods insurance and the risks connected with implementation of the investment project, expenses on payment of the translations and other documentary confirmed expenses connected with execution of the Credit agreement.

5.3. provide informing territorial authority of inspection of the Ministry of Taxes and Tax Collection in the place of registration of GOUP "UKS of the Grodno Regional Executive Committee" and State Customs Committee about end date of implementation of the investment project within 15 days after the end of its realization;

5.4. when forming the budget statement of the Grodno region for 2022 and the subsequent financial years to provide funds for servicing and repayment of loan according to subitem 5.1 of this Item;

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