PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of March 27, 2008 No. 178

About procedure for execution of agreements in foreign trade

For the purpose of enhancement of procedure of foreign trade activity by legal entities and individual entrepreneurs:

1. Determine that residents * shall provide the statistical declaration on shipments (receipts) of goods, making of customs transactions concerning which is not made, in the form of the electronic document to customs authority according to the procedure and the cases determined by Council of Ministers of the Republic of Belarus for registration with use of the program and technical means providing interaction with information systems of customs authorities in case of exchange of electronic documents.

According to each signed agreement in foreign trade residents shall:

specify in the declaration goods and if making of customs transactions is not made, - in the statistical declaration registration number of the currency agreement which is subject to registration according to the foreign exchange legislation;

provide upon the demand of regulatory (supervising) authorities, authorized to exercise currency exchange control, the documents requested according to their powers and other information in the terms established by them;

provide in the agreement in foreign trade the amount (the approximate amount) of monetary commitments of agreement parties, and also calculation conditions which are understood as the obligation of implementation by one party of calculation before execution or upon obligation fulfillment by other party.

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* For the purposes of this Decree terms are used in the values determined in appendix 1.

2. To the State Control Committee, National Bank and the State Customs Committee to determine form and procedure for exchange between these state bodies of information on the foreign trade operations performed by residents for control of their implementation.

3. Operation of this Decree for the purposes of statistical declaring does not extend on:

the foreign trade transactions specified in appendix 2;

other foreign trade transactions provided by Council of Ministers of the Republic of Belarus.

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

5. To explain to Council of Ministers of the Republic of Belarus questions of application of this Decree.

Appendix 1

to the Presidential decree of the Republic of Belarus of March 27, 2008 No. 178

List of terms and their determinations

1. The foreign trade transaction - shipment (receipt) of goods, transfer (obtaining) of property to lease, unsolved information, exclusive rights on intellectual property items, property rights, performance of works, rendering the services which are drawn up by shipping, business and other documents, carrying out payments including the return of payments performed as a result of refusal of one of the parties of execution of the obligations according to the agreement in foreign trade.

2. The agreement in foreign trade - the currency contract between the resident and the nonresident providing paid transfer of goods (including under the commission agreements and agreements which are not connected with movement of goods through Frontier of the Republic of Belarus), property in lease (including under the agreements which are not connected with movement of goods through Frontier of the Republic of Belarus), unsolved information, exclusive rights on intellectual property items, property rights, paid performance of works, rendering services.

3. Residents:

3.1. the individual entrepreneurs registered in the Republic of Belarus;

3.2. the legal entities created according to the legislation of the Republic of Belarus with the location in the Republic of Belarus, their branches and representations which are in the Republic of Belarus and beyond its limits;

3.3. the diplomatic representations, consular establishments and other representations of the Republic of Belarus which are outside the Republic of Belarus;

3.4. The Republic of Belarus, its administrative and territorial units participating in the relations regulated by the foreign exchange legislation.

4. The transaction - the transaction providing:

exchange or return of goods;

transfer (acceptance) of goods for term there is one year and more under the agreement of finance lease (leasing) or storage;

transfer (acceptance) of goods under the consignment agreement;

transfer (acceptance) of goods for conversion or after conversion;

transfer (acceptance) of goods as foreign free aid, the international technical assistance, gift, contribution to authorized capital.

5. The statistical declaration - the declaration which is the document of currency exchange control which is registered in customs authorities with use of information systems and technologies and is presented in the form of the electronic document for the purposes of the statistical recording of the foreign trade transactions regarding shipments (receipts) of goods, making of customs transactions concerning which is not made, on one and more facts of shipments (receipts) of goods which total cost constitutes the amount equivalent * 3000 euros and more, for reporting calendar month:

the exporter (importer) or according to its order the customs representative within the agreement in foreign trade providing paid transfer of goods;

resident or according to its order the customs representative within the transaction with the nonresident, except for the transaction which is not connected with movement of goods through Frontier of the Republic of Belarus.

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* For the purposes of this Decree for cost determination of goods in euro, specified in the agreement in foreign trade in other foreign currency, recalculation of such cost is made using the official rates established by National Bank for date of the conclusion of the agreement in foreign trade.

6. The exporter (importer) - the resident who signed the agreement in foreign trade or to which passed the rights and obligations according to the agreement in foreign trade.

7. The terms "currency agreement", "nonresidents", "goods" have the values determined respectively in subitems 1. 5, 1.10 and 1.12 Items 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".

Appendix 2

to the Presidential decree of the Republic of Belarus of March 27, 2008 No. 178

The foreign trade transactions to which operation of this Decree for the purposes of statistical declaring does not extend

The transactions performed belong to the foreign trade transactions to which operation of this Decree for the purposes of statistical declaring does not extend:

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