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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of December 22, 2010 No. 670

About some questions of payment of natural gas, electrical and heat energy

(as amended on 06-10-2022)

For the purpose of cost recovery on realization of natural gas, electrical and heat energy (further - energy resources):

1. Determine that:

1.1. legal entities and individual entrepreneurs (further - consumers) make payment of the energy resources released by the gas supplying and power supplying organizations being part of GPO "Beltopgaz", GPO "Belenergo" (further - gazo-and the power supplying organizations), and JSC Gazprom Transgaz Belarus, at the prices (rates) taking into account indexation in connection with change of the official rate of Belarusian ruble established by National Bank to the foreign currency used in case of price fixation (rates) and calculations for energy resources, except as specified, determined in subitem 1.2 of this Item.

The procedure for indexation affirms the Ministry of anti-monopoly regulation and trade.

Prices (rates) for the energy resources unfrozen to consumers gazo-and the power supplying organizations, can be differentiated on the customer groups determined by the Ministry of anti-monopoly regulation and trade together with the Department of Energy and also on the temporary periods.

The procedure of payments for the consumed electrical energy released by the power supplying organizations being part of GPO "Belenergo", using the interval differentiated, two-part and differentiated on zones of two-part days rates is determined by the Department of Energy in coordination with the Ministry of anti-monopoly regulation and trade;

1.2. debt of consumers for the energy resources released gazo-and the power supplying organizations and JSC Gazprom Transgaz Belarus * (except for the delayed or spread debt according to decisions of the President of the Republic of Belarus and Council of Ministers of the Republic of Belarus), and also gazo-and the power supplying organizations and JSC Gazprom Transgaz Belarus, formed:

______________________________

* For the purposes of this Decree the debt of consumers for energy resources is understood as the debt which is not extinguished in the terms established by agreements.

1.2.1. till January 1, 2010, it is fixed in Belarusian rubles taking into account the official rate of Belarusian ruble established by National Bank for January 1, 2010 to the foreign currency used for calculations for energy resources and is subject to repayment in the procedure established by the legislation without recalculation of this debt in connection with change of the official rate of Belarusian ruble established by National Bank to foreign currency for date of its repayment.

Gazo-and the power supplying organizations, JSC Gazprom Transgaz Belarus and consumers till December 31, 2010 make recalculation of the debt specified in part one of this subitem, adjust data of business and tax accounting and represent to tax authorities tax declarations (calculations) for taxes, charges with the made changes and (or) additions, if necessary pay taxes, charges. At the same time administrative punishments in the form of penalties are not applied and penalty fee is not paid;

1.2.2. since January 1, 2010, is subject to repayment taking into account its recalculation in connection with change of ratio of the official rate of Belarusian ruble established by National Bank to the foreign currency used for calculations for energy resources on repayment date of this debt and date of its education, except for the case determined in part fourteen of this subitem.

Recalculation of the debt specified in part one of this subitem is made monthly taking into account the official rate of Belarusian ruble established by National Bank to the foreign currency used for calculations for energy resources for the last date of month under report before its complete repayment.

The debt of consumers specified in part one of this subitem and not extinguished for January 1, 2016 (except for the payments made on account of repayment of this debt from January 1 to April 30, 2016), is fixed in Belarusian rubles taking into account the official rate of Belarusian ruble established by National Bank for January 1, 2016 to the foreign currency used for calculations for energy resources and is subject to repayment since January 1 till December 31, 2017 monthly equal shares without recalculation of this debt in connection with change of the official rate of Belarusian ruble established by National Bank to foreign currency on repayment date of debt.

Gazo-and the power supplying organizations, consumers till August 1, 2016 make recalculation of debt which repayment is performed according to part three of this subitem, adjust data of business and tax accounting and represent to tax authorities tax declarations (calculations) for taxes, charges with the made changes and (or) additions, if necessary pay taxes, charges and other payments. At the same time administrative punishments in the form of penalties are not applied to them and penalty fee is not charged and not paid.

Consumers have the right to repay ahead of schedule the debt which repayment is performed according to part three of this subitem.

The debt of consumers for the energy resources released gazo-and the power supplying organizations, which is not extinguished according to part three of this subitem till December 31, 2017 is fixed in Belarusian rubles taking into account the official rate of Belarusian ruble established by National Bank for January 1, 2016 to the foreign currency used for calculations for energy resources and is subject to repayment since January 1, 2018 without recalculation of this debt in connection with change of the official rate of Belarusian ruble established by National Bank to foreign currency on repayment date of debt.

The consumers who repaid the debt specified in part three of this subitem till December 31, 2017 are exempted in full from interest payment for use of others money, the penalty fee and penalties added for failure to provide of timely calculations for energy resources and which are not paid for January 1, 2018.

The consumers who repaid the debt specified in part six of this subitem till December 31, 2018 are exempted in full from interest payment for use of others money, the penalty fee and penalties added for failure to provide of timely calculations for energy resources and which are not paid for January 1, 2019 on condition of ensuring timely payment in full of the energy resources consumed from January 1 to December 31, 2018.

The amounts of interest for using others money, penalty fee and penalties specified in parts seven and the eighth this subitem:

are not included consumers of the non-operating incomes considered in case of the taxation;

earlier included in structure of non-operating incomes, are included gazo-and the power supplying organizations of the non-operating expenses considered in case of the taxation.

On the amounts of the penalty fee specified in parts seven and the eighth this subitem, the paragraph the second to part one of subitem 1.3 of this Item regulations of Item 1 of the Presidential decree of the Republic of Belarus of September 17, 1999 No. 546 "On enhancement of procedure for collection of penalty fee for the energy resources which are not paid in time" do not expatiate.

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