RESOLUTION OF THE MINISTRY OF FOREIGN AFFAIRS OF THE REPUBLIC OF BELARUS

of June 11, 2008 No. 14

About approval of the Instruction about procedure for acquisition, construction, reconstruction and capital repairs of real estate of diplomatic representations and consular establishments of the Republic of Belarus abroad

Based on the Regulations on the Ministry of Foreign Affairs of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of July 31, 2006 No. 978 "Questions of the Ministry of Foreign Affairs of the Republic of Belarus" for the purpose of enhancement of procedure for real estate acquisition, implementation of construction, reconstruction and capital repairs of buildings, constructions and rooms for diplomatic representations and consular establishments of the Republic of Belarus abroad the Ministry of Foreign Affairs of the Republic of Belarus DECIDES:

1. Approve the enclosed Instruction about procedure for acquisition, construction, reconstruction and capital repairs of real estate of diplomatic representations and consular establishments of the Republic of Belarus abroad.

2. Declare invalid the resolution of the Ministry of Foreign Affairs of the Republic of Belarus of December 8, 2006 No. 138 "About approval of the Instruction about procedure for acquisition, construction, reconstruction and capital repairs of real estate of diplomatic representations and consular establishments of the Republic of Belarus abroad" (The national register of legal acts of the Republic of Belarus, 2007, No. 84, 8/16076).

3. This resolution becomes effective from the date of its official publication.

Approved by the Resolution of the Ministry of Foreign Affairs of the Republic of Belarus of June 11, 2008 No. 14

The instruction about procedure for acquisition, construction, reconstruction and capital repairs of real estate of diplomatic representations and consular establishments of the Republic of Belarus abroad

Chapter 1. General provisions

1. The instruction about procedure for acquisition, construction, reconstruction and capital repairs of real estate of diplomatic representations and consular establishments of the Republic of Belarus abroad (further - the Instruction) is developed based on the Regulations on the Ministry of Foreign Affairs of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of July 31, 2006 No. 978 "Questions of the Ministry of Foreign Affairs of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2006, No. 130, 5/22727), for the purpose of enhancement of procedure for real estate acquisition, implementation of construction, reconstruction and capital repairs of buildings, constructions and rooms for diplomatic representations and consular establishments of the Republic of Belarus abroad (further - foreign institutions).

2. In case of real estate acquisition and implementation of construction works for foreign institutions the Ministry of Foreign Affairs of the Republic of Belarus (further - the MFA) is guided by the legislation of the Republic of Belarus, including this Instruction, taking into account the legislation of foreign state in the territory of which are performed acquisition, construction, reconstruction and capital repairs of real estate.

3. Management of providing foreign service of the MFA exercises control of construction, reconstruction and capital repairs (daleestroitelstvo) of buildings, constructions, rooms for foreign institutions and target use of the funds allocated for these purposes and also provides information on their use of the interdepartmental commission on questions of acquisition and content of real estate of the Republic of Belarus abroad (further - the interdepartmental commission) which is acting on the basis of the Regulations on the interdepartmental commission on questions of acquisition and content of the real estate of the Republic of Belarus abroad approved by the resolution of Council of Ministers of the Republic of Belarus of August 2, 1999 No. 1186 (The national register of legal acts of the Republic of Belarus, 1999, No. 60, 5/1371).

Chapter 2. Real estate acquisition

4. For creation of conditions of activities of foreign institutions and accomplishment of objectives by them the MFA proceeding from priority of development of foreign policy, economic and other relations makes the decision on acquisition abroad of real estate and charges to foreign institution to make market research of real estate for the purpose of determination of possibility of acquisition it in property of the Republic of Belarus or obtaining in long-term lease (49 and more years) according to the legislation of the Republic of Belarus and taking into account the legislation of adoptive state.

5. Foreign institutions provide execution of the order of the MFA and provide in the MFA the detailed information with political, financial and economic and legal reasons for the offers.

6. Based on information obtained from foreign institutions the MFA provides to the interdepartmental commission of the offer on acquisition and allocation of money on purchase of real estate for foreign institutions.

Materials for submitting for examination of the interdepartmental commission are created by management of providing foreign service and approved by management of diplomatic safety, the main thing contractual and legal, monetary managements and the management of the MFA responsible for development of the bilateral relations of the Republic of Belarus with foreign state in which real estate acquisition is planned.

7. According to the decision of the interdepartmental commission the MFA in the terms established for creation of the budget statement of the Republic of Belarus represents to the Ministry of Finance of the Republic of Belarus (further - the Ministry of Finance) approximate calculation of real estate value, provided to acquisition, and offers on inclusion in the budget of necessary financial resources on these purposes.

8. After adoption of law on the budget of the Republic of Belarus for the next financial (budget) year the MFA constitutes the annual plan of real estate acquisition of foreign institutions which is approved by the deputy minister of foreign affairs. Based on the approved plan the MFA charges to foreign institutions to carry out work on matching of options of real estate acquisition taking into account features of functioning of foreign institutions, including ensuring their safety and to submit several options for consideration of the MFA.

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