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LAW OF THE REPUBLIC OF BELARUS

of July 23, 2008 No. 421-Z

About international treaties of the Republic of Belarus

(as amended on 11-05-2018)

Accepted by the House of Representatives on June 24, 2008

Approved by Council of the Republic on June 28, 2008

Chapter 1 General provisions

Article 1. The main terms used in this Law and their determinations

For the purposes of this Law the following main terms and their determinations are used:

the bilateral international treaty - the international treaty signed by two and more states, the international organizations and (or) other subjects having rights to sign the international agreements which act as two independent parties of the international treaty;

department of state body - department of state body of the Republic of Belarus to which the right of the conclusion of international treaties of interdepartmental nature is granted by regulatory legal acts of the President of the Republic of Belarus;

depositary - the state (states), the international organization or its leading executive official, other subject having rights to sign the international agreements to which the original of the international treaty is given and which perform concerning the international treaty of function provided by this international treaty and (or) international law;

the contracting party - the state (states), the international organization (the international organizations) and (or) other subject (other subjects) having (having) rights to sign the international agreements which act as the independent party of the international treaty and expressed consent to be bound for them this international treaty irrespective of, it became effective or did not enter;

the conclusion of the international treaty of the Republic of Belarus - the sequence of stages (legal acts) provided by this Law on forming of contents of the international treaty, adoption of its text and expression of consent of the Republic of Belarus to obligation for it the international treaty;

the statement to the international treaty - unilateral official position in any formulation and under any name, expressed by the state, the international organization or other subject having rights to sign the international agreements by means of which are specified or explained sense, value of the international treaty or its certain provisions;

change of basic nature - the project change of the international treaty or line item of the Republic of Belarus at negotiations influencing object, the purposes or subject structure of the international treaty, legal, financial and (or) economic effects of its conclusion;

the copy of the international treaty - the copy of the original of the international treaty or officially published (certified) depositary copy of the multi-lateral international treaty, certified according to the procedure, established by Council of Ministers of the Republic of Belarus;

the interstate agreement - the international treaty signed on behalf of the Republic of Belarus with foreign state (foreign states), the international organization (the international organizations), other subject (other subjects) having (having) rights to sign the international agreements;

the international organization - the interstate (intergovernmental) organization created for accomplishment of certain tasks of the international nature according to the constituent act of this organization and having the international legal personality;

the international treaty of interdepartmental nature - the international treaty signed by state body (state bodies) of the Republic of Belarus, department of state body on the questions entering its competence with the relevant state body (the relevant state bodies) of foreign state (foreign states), the international organization (the international organizations), other subject (other subjects) having (having) rights to sign the international agreements;

the international treaty of the Republic of Belarus - the international treaty (the interstate, intergovernmental or international treaty of interdepartmental nature) signed in writing by the Republic of Belarus with foreign state (foreign states), the international organization (the international organizations), other subject (other subjects) having (having) rights to sign the international agreements which is regulated by international law irrespective of contains it in one document or in several documents connected among themselves, and also irrespective of its specific name and method of the conclusion (the agreement, the agreement, the convention, the decision, the pact, the protocol, exchange of notes or letters and other names and methods of the conclusion of the international treaty);

the international treaty directed to attraction to the Republic of Belarus of resources of the international organizations - the interstate or intergovernmental agreement directed to attraction to the Republic of Belarus of loans (credits) of the international organizations within limit of the external public debt established by the law on the republican budget for the corresponding financial year and also on attraction to the Republic of Belarus of investments of such international organizations;

the intergovernmental agreement - the international treaty signed by the Government of the Republic of Belarus independently or together with other state body of the Republic of Belarus with the government of foreign state (the governments of foreign states), the international organization (the international organizations), other subject (other subjects) having (having) rights to sign the international agreements, except for the international treaties signed by the Government of the Republic of Belarus on behalf of the Republic of Belarus;

the multi-lateral international treaty - the international treaty signed by three and more states, the international organizations and (or) other subjects having rights to sign the international agreements which act as three and more independent parties of the international treaty;

clause - the unilateral official declaration in any formulation and under any name, made the state, the international organization or other subject having rights to sign the international agreements, in accordance with the terms of the international treaty and (or) international law by means of which desire to exclude or change legal act of certain provisions of the international treaty in their application to these to the state, the international organization or other subject having rights to sign the international agreements is expressed;

the official translation of the international treaty, the amendment to the international treaty on the Belarusian and (or) Russian languages - the transfer of the text of the international treaty, amendment to the international treaty from foreign language on the Belarusian and (or) Russian languages certified by state body of the Republic of Belarus, department of state body within which competence the questions containing in the international treaty, according to the procedure, established by Council of Ministers of the Republic of Belarus are;

initialing of the text of the draft of the international treaty - putting down of initials of persons authorized on negotiation according to the draft of the international treaty, on each page of the text of the draft of the international treaty approved by the parties, applied as method of confirmation of its authenticity;

the amendment to the international treaty - change of provisions of the international treaty in accordance with the terms of the international treaty and (or) international law;

legal succession concerning the international treaty - transition of the rights and obligations according to the international treaty from one state to other state (other states), from one international organization to other international organization (other international organizations), from one other subject having rights to sign the international agreements, to other other subject (other other subjects) having (having) rights to sign the international agreements;

the participant of the international treaty - the state (states), the international organization (the international organizations) and (or) other subject (other subjects) having (having) rights to sign the international agreements which act as the independent party of the international treaty and expressed consent to be bound for them the international treaty and for which the international treaty became effective;

the negotiator - the state (states), the international organization (the international organizations) and (or) other subject (other subjects) having (having) rights to sign the international agreements which take part in creation of the text and adoption of the international treaty.

Article 2. Coverage of this Law

This Law establishes procedure for the conclusion, entry into force, official publication, registration, storage, accounting, execution, suspension of action and termination of international treaties of the Republic of Belarus.

The procedure established by this Law for the conclusion, entries into force, official publication, registration, storage, accounting, execution, suspension of action and the termination of the international treaties of the Republic of Belarus signed with foreign state (foreign states) and (or) the international organization (the international organizations) is applied to the international treaties of the Republic of Belarus signed with other subject (other subjects) having (having) rights to sign the international agreements.

Article 3. Legal basis of the conclusion, entry into force, official publication, registration, storage, accounting, execution, suspension of action and termination of international treaties of the Republic of Belarus

The conclusion, entry into force, official publication, registration, storage, accounting, execution, suspension of action and the termination of international treaties of the Republic of Belarus are performed according to the Constitution of the Republic of Belarus, the conventional principles of international law, the Vienna convention on the right of international treaties of May 23, 1969, other international treaties of the Republic of Belarus, this Law and other acts of the legislation of the Republic of Belarus.

Chapter 2 Conclusion of international treaties of the Republic of Belarus

Article 4. Preparation of drafts of international treaties

The state body of the Republic of Belarus, department of state body within which competence the questions constituting subject of future international treaty are can carry out in coordination with the Ministry of Foreign Affairs of the Republic of Belarus consultations with relevant organ of foreign state or the international organization for the purpose of determination of possibility of the conclusion of the international treaty, refining of intentions of the parties concerning object, the purpose and contents of the international treaty, and also determination of preliminary procedure and terms of work on preparation of the draft of the international treaty.

Heads of state body of the Republic of Belarus, department of state body within whose competence the questions containing in the draft of the international treaty are provide preparation of the draft of the international treaty or line item of the Republic of Belarus at negotiations in the Belarusian and (or) Russian languages, in foreign language if in such language the conclusion of the international treaty, and also the official translation of the draft of the international treaty or line item of the Republic of Belarus at negotiations is planned for the Belarusian and (or) Russian languages if the conclusion of the international treaty is planned in foreign language.

Heads of state body of the Republic of Belarus, department of state body within whose competence the questions containing in the draft of the international treaty are bear the personal responsibility for preparation of the draft of the international treaty or line item of the Republic of Belarus at negotiations according to legal acts of the Republic of Belarus.

Initialing of the text of the draft of the international treaty before acceptance by the relevant state body of the Republic of Belarus or the official of the decision on negotiation according to the draft of the international treaty or person to whom powers on negotiation according to the draft of the international treaty are not conferred is not allowed.

Article 5. Negotiation according to drafts of interstate and intergovernmental agreements, signing of such international treaties

Offers on negotiation on drafts of interstate and intergovernmental agreements and (or) signing of such international treaties in coordination with the Ministry of Foreign Affairs of the Republic of Belarus, the Ministry of Justice of the Republic of Belarus and other interested state bodies of the Republic of Belarus are introduced in Council of Ministers of the Republic of Belarus by state body of the Republic of Belarus within which competence the questions containing in drafts of interstate and intergovernmental agreements are (in interstate and intergovernmental agreements), not later than month before the planned date of negotiations on them and (or) their signings, and in exceptional cases - no later than ten working days if other terms are not established in coordination with the Prime Minister of the Republic of Belarus.

If the draft of the interstate or intergovernmental agreement is provided by foreign state or the international organization, offers on signing of such international treaty can be made along with offers on the negotiation on the draft of this international treaty according to the procedure established by part one of this Article.

Offers on negotiation on drafts of interstate and intergovernmental agreements and (or) signing of such international treaties shall contain:

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