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The document ceased to be valid since November 21, 2016 according to Item 2 of the Resolution of Council of Ministers of the Republic of Belarus and National Bank of the Republic of Belarus of November 17, 2016 No. 924/29

RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS AND NATIONAL BANK OF THE REPUBLIC OF BELARUS

of August 21, 2008 No. 1209/9

About some measures for implementation of the Presidential decree of the Republic of Belarus of June 26, 2008 No. 354

(as amended on 12-12-2014)

According to Item 2 of the Presidential decree of the Republic of Belarus of June 26, 2008 No. 354 "About modification and amendments in the Presidential decree of the Republic of Belarus of August 25, 2006 No. 534" Council of Ministers of the Republic of Belarus and National Bank of the Republic of Belarus POSTANOVLYAYUT:

1. Approve the enclosed Regulations on procedure for issue by banks of export loans for production and sales of goods (works, services), implementation in the territory of foreign states of investments, and also implementation by banks and non-bank credit and financial organizations of the Republic of Belarus of financing under concession of monetary claim (factoring) in case of implementation of export contracts.

2. Determine that:

2.1. for obtaining according to Regulations on procedure for compensation of losses to the banks granting export loans for production and sales of goods (works, services), implementation in the territory of foreign states of investments and also the banks and the non-bank credit and financial organizations of the Republic of Belarus performing financing under concession of monetary claim (factoring) in case of implementation of export contracts, approved by the Presidential decree of the Republic of Belarus of August 25, 2006 No. 534 "About assistance to commodity export development (works, services)" (The national register of legal acts of the Republic of Belarus, 2006, No. 143, 1/7870; National legal Internet portal of the Republic of Belarus, 09.05. 2014, 1/15006), banks of compensation of losses from provision of export loans, and also banks and the non-bank credit and financial organizations from implementation of financing under concession of monetary claim (factoring) in case of implementation of export contracts (further - financing under concession of monetary claim) banks (the non-bank credit and financial organizations) in writing notify on the conclusion of credit agreements (agreements of financing under concession of monetary claim (further - agreements of factoring) with application of copies of credit agreements (agreements of factoring), calculation of the amount of compensation of losses from provision of export loans (implementation of financing under concession of monetary claim), copies of decisions of the Belarusian republican unitary enterprise of export-import insurance of "Beleksimgarant" on possibility of insurance of export risks with support of the state:

The Ministry of Finance - in case of the amount of compensation which is not exceeding 500 thousand dollars of the USA in equivalent on the official rate of Belarusian ruble to the US dollar established by National Bank on the date of the conclusion of the credit agreement (the agreement of factoring);

republican state body or other state organization subordinated to the Government of the Republic of Belarus, regional executive committee (The Minsk Gorispolkom), administration of the free economic zone - in case of the amount of compensation exceeding 500 thousand dollars of the USA in equivalent on the official rate of Belarusian ruble to the US dollar established by National Bank on the date of the conclusion of the credit agreement (the agreement of factoring).

Calculation of the amount of compensation of losses from provision of export loan (implementation of financing under concession of monetary claim) is constituted for the entire period of action of the credit agreement (the agreement of factoring) in currency of granted loan (financing under concession of monetary claim) proceeding from the interest rates operating on the date of the conclusion of the credit agreement (the agreement of factoring).

The Ministry of Finance in five-day time from the date of obtaining from bank (the non-bank credit and financial organization) of the documents specified in paragraph one of part one of this subitem issues the order on compensation of losses to bank from provision of export loan (to bank, the non-bank credit and financial organization from implementation of financing under concession of monetary claim) or in writing informs bank (the non-bank credit and financial organization) on refusal in such compensation with motivated reasons.

The republican state body or other state organization subordinated to the Government of the Republic of Belarus regional executive committee (The Minsk Gorispolkom), administration of the free economic zone in ten-day time from the date of obtaining from bank (the non-bank credit and financial organization) of the documents specified in paragraph one of part one of this subitem in accordance with the established procedure introduce to Council of Ministers of the Republic of Belarus the draft of the compensation ruling of losses to bank from provision of export loan (to bank, the non-bank credit and financial organization from implementation of financing under concession of monetary claim).

In the decision of the Ministry of Finance or Council of Ministers of the Republic of Belarus on compensation of losses to bank from provision of export loan (to bank, the non-bank credit and financial organization from implementation of financing under concession of monetary claim) (further - the decision) shall be specified the name of the legal entity (surname, name, middle name (in case of its availability) the individual entrepreneur), bank (the non-bank credit and financial organization), credit amount (financings under concession of monetary claim) and the period of compensation of losses to bank (the non-bank credit and financial organization), and also source of means of the republican budget at the expense of which such compensation in the current financial year, and procedure for compensation of losses in the years ahead will be made;

2.2. The Ministry of Finance according to the decision:

signs with bank (the non-bank credit and financial organization) the agreement on compensation of losses from provision of export loan (implementation of financing under concession of monetary claim) with appendix to it of the credit agreement (the agreement of factoring) and the insurance contract of export risks with support of the state;

makes compensation of losses to the bank granting export loan and also bank, the non-bank credit and financial organization performing financing under concession of monetary claim in Belarusian rubles at the rate of National Bank for date of transfer of compensation or in currency of granted loan (financing under concession of monetary claim):

in the current year - at the expense of the means provided in the decision;

in the years ahead (before the end of repayment period of export loan or implementation of the export contract on which financing under concession of monetary claim is performed) - at the expense of the means provided by the law on the republican budget for the next financial year.

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