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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of December 2, 2021 No. 462

About features of implementation of calculations

For the purpose of enhancement of legal conditions of implementation of calculations I decide:

1. Approve Regulations on procedure of clearing settlements from accounts (from e-wallets) in the territory of the Republic of Belarus it (is applied).

2. Determine that:

2.1. calculations for the milk and the cattle which are purchased from physical persons are made by the organizations no later than 15 calendar days from the date of acquisition of the specified products;

2.2. violation of procedure and terms of calculations for purchased by the organization from the physical persons milk and the cattle established in subitem 2.1 of this Item and the paragraph third part one of subitem 2.1 of Item 2 of the Regulations on procedure of clearing settlements from accounts (from e-wallets) in the territory of the Republic of Belarus approved by this Decree is considered gross violation of labor obligations by the head of such organization;

2.3. the legal entities, their separate divisions, individual entrepreneurs who received advance payment for the account of means of budgets and did not fulfill or it is inadequate fulfilled the obligation on delivery, pay to the buyer (customer) for each overdue day, including day of obligation fulfillment, penalty fee with their transfer to the income of the relevant budget.

The size of penalty fee is calculated:

by delivery of goods (products) - from the amount of unexecuted part of obligations on delivery of goods (products) proceeding from interest rate, equal 1/360 refunding rates of National Bank *, increased by 25 times;

in case of performance of works, rendering services - from the amount of unexecuted part of the obligation on performance of works, rendering services proceeding from interest rate, equal 1/360 refunding rates of National Bank *, increased by 10 times;

by the deliveries of goods (products), performance of works, rendering the services made (executed, rendered) in the territory of the Republic of Belarus according to the state defensive order, - from advance payment amount proceeding from rate, equal 1/360 refunding rates National banka*.

The bigger size of such penalty fee can be established by the agreement.

Collection of penalty fee in indisputable procedure is performed by territorial authorities of the Ministry of Finance based on the written address of the buyer (customer).

______________________________

* Acting on the date of obligation fulfillment.

3. For the purposes of this Decree terms in the values determined in appendix 1 are applied.

4. Bring in the Presidential decree of the Republic of Belarus of July 10, 2003 No. 302 "About calculations for the milk and the cattle which are purchased from physical persons and entering of amendment into the Presidential decree of the Republic of Belarus of June 29, 2000 No. 359" the following changes:

to exclude subitems 1.1 and 1.2 of Item 1;

state Item 2 in the following edition:

"2. Violation by the organization established in subitem 1.3 of Item 1 of this Decree of procedure and terms of calculations for the cattle which is purchased from physical persons is considered gross violation of labor obligations by the head of such organization.";

exclude Item 3.

5. Recognize invalid presidential decrees of the Republic of Belarus according to appendix 2.

6. To Council of Ministers of the Republic of Belarus and National Bank in nine-months time to bring acts of the legislation into accord with this Decree and to take other measures for its realization.

7. This Decree becomes effective in the following procedure:

Item 6 and this Item - after official publication of this Decree;

other provisions of this Decree - in nine months after its official publication.

President of the Republic of Belarus

A. Lukashenko

Appendix 1

to the Presidential decree of the Republic of Belarus of December 2, 2021 No. 462

List of terms and their determinations

1. Bank - bank, the non-bank credit and financial organization, "Development Bank of the Republic of Belarus" open joint stock company.

2. The budget of fund - the budget of state non-budgetary fund of social protection of the population of the Republic of Belarus.

3. Money - Belarusian rubles and (or) foreign currency.

4. Executive documents - the documents determined in part one of Item 9 of the Presidential decree of the Republic of Belarus of October 16, 2018 No. 414 "About enhancement of clearing settlements" according to which according to legal acts collection in indisputable procedure for money from accounts in banks, electronic money from e-wallets is performed.

5. The obligation on delivery - the obligation on delivery of goods (products), performance of works, rendering services to terms, stipulated by the legislation and (or) agreements.

6. The organization, not being the legal entity, - the foreign or international organization created according to the legislation of foreign state, representative office of the foreign organization opened in the territory of the Republic of Belarus.

7. Payments in the budget - taxes, charges (duties), administrative penalties, non-tax and other obligatory payments which are subject to payment in republican and local budgets, budgets of state non-budgetary funds (further - budgets), including payments on account of debt repayment on budget advances, the budget loans, obligations to the budget for contracts of assignment of the requirement, on the performed guarantees of the Government of the Republic of Belarus, local executive and administrative organs, the added percent and penalty fee on them.

8. The decision on restriction of account transactions (e-wallet) - the accepted (taken-out) representative according to legal acts body (official) resolution (determination) on seizure of the money which is on accounts, electronic money in e-wallets and (or) the decision (resolution) on suspension of account transactions, to e-wallets.

9. The account - the bank account, the account on accounting of contribution (deposit) opened in bank based on the relevant agreement.

10. The term "foreign currency" is used in the value determined in subitem 1.8 of Item 1 of article 1 of the Law of the Republic of Belarus of July 22, 2003 No. 226-Z "About currency control and currency exchange control".

11. The term "technical mistake" is used in the value determined in part two of article 250 of the Bank code of the Republic of Belarus.

Appendix 2

to the Presidential decree of the Republic of Belarus of December 2, 2021 No. 462

List of invalid presidential decrees of the Republic of Belarus

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