PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of February 20, 2007 No. 96

About development financing of services of telecommunication public

For the purpose of further development of services of telecommunication public I decide:

1. Create the state trust budget fund of universal servicing (reserve of universal servicing) as a part of the republican budget and to determine the Ministry of Communications and Informatization the manager of this fund.

2. Approve the enclosed Regulations on procedure for forming and use of means of the state trust budget fund of universal servicing (reserve of universal servicing).

3. To Council of Ministers of the Republic of Belarus:

consider by preparation of offers on refining of separate indicators of the republican budget for 2007 of provision of this Decree;

in a month to take other measures for implementation of this Decree.

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

5. This Decree becomes effective since April 1, 2007.

Approved by the Presidential decree of the Republic of Belarus of February 20, 2007 No. 96

Regulations on procedure for forming and use of means of the state trust budget fund of universal servicing (reserve of universal servicing)

1. This Provision determines procedure for forming and use of means of the state trust budget fund of universal servicing (reserve of universal servicing) (further - reserve of universal servicing).

2. Sources of forming of reserve of universal servicing are obligatory expels of operators of telecommunication * in the amount of 1,5 of percent of the income from rendering services of telecommunication. It is necessary to understand the income added for all amount of the rendered services of telecommunication to users on applicable fares for the accounting period (month) as the income from rendering services of telecommunication.

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* Operators of telecommunication in this Provision are understood as the Republic of Belarus determined according to the Law of July 19, 2005 "About telecommunication" (The national register of legal acts of the Republic of Belarus, 2005, No. 122, 2/1142) the legal entity or the individual entrepreneur rendering services of telecommunication based on special permission (license) for activities in the field of communication.

Contributions of operators of telecommunication to reserve of universal servicing belong them on cost of the made products, goods (works, services) and join in the costs on production and sales of products, goods (works, services) considered in case of the taxation.

3. Transfers in reserve of universal servicing are performed no later than the last working day of the month following reporting.

4. Means of reserve of universal servicing are considered in the Main State Treasury. The specified means separately are considered in profitable and account part of the republican budget.

5. Funds of reserve of universal servicing are allocated only for the capital investments connected with rendering services of telecommunication public which provision the state guarantees to all users of services of telecommunication in the territory of the Republic of Belarus on available rates (further - universal services of telecommunication).

Capital investments are understood as the investments into fixed capital directed by operators of telecommunication who are granted the right to rendering universal services, to new construction, reconstruction, expansion and technical retrofitting of objects of telecommunication, and also to acquisition of the equipment which is not incoming estimates on construction.

6. The manager of means of reserve of universal servicing in accordance with the established procedure and certain terms develops and approves the expense budget of means of reserve of universal servicing approved with the Ministry of Economics in the directions of use based on which develops and approves the expense budget of means of reserve of universal servicing approved with the Ministry of Finance (further - the budget estimate) on receivers of means of the specified reserve.

Receivers of means of reserve of universal servicing are operators of telecommunication who are granted the right to rendering universal services of telecommunication.

7. Within financial year the manager of means of reserve of universal servicing can make changes to estimates according to the procedure, provided for their approval.

8. Execution of the budget estimate is performed by payment of obligations of receivers of means of reserve of universal servicing based on the documents submitted by them (agreements, delivery notes, invoices, acts of the performed works and others) according to the procedure, determined for execution of the republican budget for expenses through territorial authorities of the State Treasury.

Payment of obligations of managers (receivers) of means of reserve of universal servicing is made in the income limits which arrived in reserve of universal servicing.

9. The means of reserve of universal servicing which are not used within financial year are in accordance with the established procedure enlisted in reserve of universal servicing in the next financial year.

10. Receivers in the procedure established by the Ministry of Finance submit to the manager of means of reserve of universal servicing reports on use of means of reserve of universal servicing in the terms provided for delivery of quarter and annual accounting records. The manager of means of reserve of universal servicing represents to the Ministry of Finance and the Ministry of Economics the summary report on use of means of reserve of universal servicing in the directions and receivers according to the procedure and in forms which are established by the Ministry of Finance, in the terms provided for delivery of quarter and annual balances.

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