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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of April 19, 2024 No. 299

About application of special restrictive measure

Based on the paragraph of the seventh Item 2 of Article 6, of part one of Item 1 of article 8 of the Law of the Republic of Belarus of July 12, 2023 No. 280-Z "About application of special rationing measures" and for the purpose of ensuring protection of national interests of the Republic of Belarus in connection with introduction of restrictions with the foreign states making unfriendly actions concerning the Republic of Belarus, her citizens and (or) the organizations, the Council of Ministers of the Republic of Belarus DECIDES:

1. Set restriction for payment distributed (added) profits and (or) dividends (further if other is not determined, – profit and (or) dividends) to the foreign participants, owners of property of legal entities of the Republic of Belarus (further, if is not determined other, – residents) who are persons from the foreign states making unfriendly actions concerning the Republic of Belarus, her citizens and (or) the organizations according to appendix 1 (further – foreign participants, owners of property).

The restriction provided in part one of this Item is applied if the amount paid within calendar year of profit and (or) dividends exceeds in total on all foreign participants, owners of property of resident of 80 thousand basic sizes or equivalent of this foreign currency amount on the official rate of National Bank of the Republic of Belarus established on the first in which payment is carried out.

2. The restriction specified in part one of Item 1 of this resolution does not extend to payment of profit and (or) dividends to foreign participants, owners of property by the resident who got permission to payment distributed (added) profits and (or) dividends to the foreign participant, the owner of property (further if other is not determined, – permission).

Permission is issued regional (Minsk city) by executive committee on each payment of profit and (or) dividends to the foreign participant, the owner of property on condition of compliance of resident in total to the following criteria:

total amount declared to payment and paid for the current calendar year of profit and (or) dividends constitutes no more than 50 percent of average amount of direct foreign investments on net basis in five years *, preceding year in which their payment is performed. This criterion is not applied to residents of the Park of high technologies in case of compliance to their criterion provided in paragraph nine of this part;

payroll number of workers of resident in the accounting period ** makes the current year at least 70 percent to the level of the same period of last year;

lack of net loss of resident for previous year and the accounting period of the current year;

absence for date of filing of application about receipt of permission to payment distributed (added) profits and (or) dividends to the foreign participant, the owner of property or on the last reporting date, date of forming of the credit report of debt:

delayed *** – on the credits issued by banks of the Republic of Belarus, "Development Bank of the Republic of Belarus" open joint stock company and interest for using by them;

on tax payment, charges (duties), penalty fee and other obligatory payments in the budget, payments in the budget of state non-budgetary fund of social protection of the population of the Republic of Belarus, and also to budget advances, loans granted from the republican budget, the performed guarantees of the Government of the Republic of Belarus, budget advances, loans granted from local budgets, the performed guarantees of local executive and administrative organs;

______________________________

* In case of implementation by the resident of the activities less than five years or availability of the foreign participant (founder) of less specified term total amount declared to payment and paid for the current calendar year of profit and (or) dividends shall constitute no more than 50 percent of average amount of direct foreign investments on net basis for the general period of activities of resident, availability of the foreign participant (founder).

** For the purposes of this resolution the accounting period is understood as the terms provided for representation by residents of primary statistical data according to the legislation in the field of the state statistics.

*** Except for banks of the Republic of Belarus.

on the salary and other payments which are due to the worker according to the legislation on work and the national social insurance *;

______________________________

* For the purposes of this resolution treat other payments which are due to the worker according to the legislation on work and the national social insurance: compensation for work in the overtime, the days off, the public holidays and holidays established and announced according to the procedure, stipulated by the legislation, non-working; compensation for mobile and traveling kind of work, works by shift method; compensation in case of official journeys; surcharge to the size of minimum wage (monthly and hour); surcharge for work at night; surcharge in case of combination of positions of employees (professions of workers), expansion of zones of servicing (increase in amount of work), fulfillment of duties of temporarily absent worker without release from the work defined by the employment contract, the official (working) instruction; payment of average earnings in the cases established by the legislation on work; lump sum payment on improvement by provision of labor leave; dismissal wage; final settlement in case of dismissal; temporary disability benefit, pregnancies and to childbirth, public welfare payments to the families raising children.

ensuring level of the nominal added average monthly salary on resident for previous year and the accounting period of the current year is not lower 3, than the size of the monthly minimum wage established by Council of Ministers of the Republic of Belarus for January 1 of the current year, and concerning residents of the Park of high technologies – 11, the 5-fold size of such minimum wage in case of non-use of the criterion provided by the paragraph the second this part.

3. In case of obtaining by the resident from regional (The Minsk city) executive committee of refusal in permission to payment of profit and (or) dividends to the foreign participant, owner of property such payment is performed by transfer of profit and (or) dividends on the current (settlement) bank account with the special mode of functioning opened according to Regulations on procedure for functioning of the current (settlement) bank accounts with the special mode of functioning approved by the Presidential decree of the Republic of Belarus of September 13, 2023 No. 285.

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