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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of April 4, 2009 No. 175

About measures for development of production of cars

(as amended on 25-02-2014)

For the purpose of creation of conditions for development of production of cars in the Republic of Belarus:

1. Determine that:

1.1. tax and customs privileges according to subitem 1.2 of this Item are provided to the legal entities of the Republic of Belarus who signed with the Industry ministry the agreement on conditions of production of the cars (further - the agreement) classified in goods item 8703 single Commodity nomenclatures of foreign economic activity of the Customs union (further - cars).

The agreement is signed in the form approved by Council of Ministers of the Republic of Belarus and shall contain the following essential conditions:

the working schedule with breakdown by years and specifying of expected terms of the beginning of production of cars and exit to design production capacities of their industrial assembly. At the same time production of welding, coloring and assembly of bodies of cars shall be begun not later than in 84 months from the date of agreement signature;

the specification (list) of autocomponents * for production of cars with indication of their name, quantity and cost;

obligations of the legal entity specified in part one of this subitem (further – the organization), about reducing import of the autocomponents (except for bodies) called in the specification (list) in cost calculation within the first 24 months after the beginning of production of welding, coloring and assembly of bodies for 5 percent at least from their total cost, within the next 24 months - for 10 percent at least from their total cost;

the volumes of investment with breakdown by years;

responsibility of the parties for non-execution or improper execution of the agreement obligations;

the duration of the agreement - no more than 10 years with possibility of its prolongation for the period which is not exceeding 10 years from expiry date of the initial agreement;

the right of the organization in coordination with the Industry ministry to perform replacement of models of cars by modification of the specification (list);

______________________________

* For the purposes of this Decree autocomponents are understood as goods, necessary for production of cars (details, nodes, components, chemical and paint and varnish products and other goods) classified in groups 32, of 39, of 40, of 70, of 72, of 73, of 76, 83-85, 87, of 90, of 91, of 94, of the 96th single Commodity nomenclature of foreign economic activity of custom union.

1.2. the organizations during operation of the agreement (including in case of prolongation of term of its action) are exempted from:

import customs duties taking into account the international obligations of the Republic of Belarus when placing under customs procedure of release for internal consumption of the processing equipment (accessories and spare parts to it) imported for use in the territory of the Republic of Belarus for production of cars;

the value added tax levied by customs authorities when placing under customs procedure of release for the internal consumption of processing equipment and autocomponents imported on the territory of the Republic of Belarus for production of cars;

the value added tax levied by tax authorities when importing processing equipment and autocomponents from the territory of state members of the Customs union for production of cars.

The basis for release from customs duties and the value added tax when importing to the territory of the Republic of Belarus of processing equipment and the autocomponents specified in paragraphs the third or fifth to part one of this subitem (further - goods), is availability at the organization of the conclusion of the Industry ministry for the form approved by Council of Ministers of the Republic of Belarus, confirmatory that imported goods are intended for production of cars.

For issue of the conclusion the organization submits the application, the copy of the agreement in foreign trade (contract) and the specification (list) of goods.

In case of inappropriate use of the goods imported into the Republic of Belarus using the privileges established by this subitem, customs duties and the value added tax are paid collected) according to the legislation.

2. In case of reorganization of the organization which signed the agreement, during its action the legal successor of such organization who is the producer of cars, having the right to sign the new agreement on remaining period of operation of the agreement signed with the reorganized organization.

At the same time the legal successor of the reorganized organization who signed the new agreement having the right to use the privileges provided in subitem 1.2 of Item 1 of this Decree on the conditions established by this subitem from the date of the conclusion of the new agreement. Aggregate term of application of such privileges is determined taking into account the term of their use by the reorganized organization and cannot exceed 10 years, and in case of prolongation of effective period of such agreement - 20 years from the date of its conclusion the reorganized organization.

3. To Council of Ministers of the Republic of Belarus in three-months time:

3.1. approve:

Regulations on production organization of cars with the state support;

form of the agreement on conditions of production of cars;

form of the conclusion of the Industry ministry according to part three of subitem 1.2 of Item 1 of this Decree;

3.2. bring acts of the legislation into accord with this Decree and take other measures for its realization.

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

5. This Decree becomes effective in three months after its official publication, except for Item 3 and this Item which are becoming effective from the date of official publication of this Decree.

 

President of the Republic of Belarus

A. Lukashenko

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