Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

The document ceased to be valid since March 4, 2016 according to appendix of the Decree of the President of the Republic of Belarus of August 31, 2015 No. 5

DECREE OF THE PRESIDENT OF THE REPUBLIC OF BELARUS

of November 28, 2003 No. 24

About obtaining and use of foreign free aid

(as amended on 16-01-2013)

For the purpose of enhancement of procedure for obtaining and use by the organizations and physical persons of the Republic of Belarus of the free aid provided by foreign states, the international organizations, the foreign organizations and citizens, and also stateless persons and anonymous donors and according to part three of article 101 of the Constitution of the Republic of Belarus I decide:

1. Determine that:

1.1. foreign free aid is money, including in foreign currency, the goods (property) gratuitously provided in use, ownership, the order to the organizations and physical persons of the Republic of Belarus (daleepoluchatel) by foreign states, the international organizations, the foreign organizations and citizens, and also stateless persons and anonymous donors.

Operation of this Decree:

does not extend to the international technical assistance and other types of the foreign free aid provided on the projects and programs approved by the President of the Republic of Belarus and also according to the interstate agreements existing for the Republic of Belarus;

does not affect the rights of foreign citizens which according to the regulations of international treaties operating for the Republic of Belarus are granted the rights, equal with citizens of the Republic of Belarus, in the field of the civil relations;

1.2. foreign free aid is registered in Department on humanitarian activities of Administration of the President of the Republic of Belarus (further - Department) according to statements of receivers with appendix:

the plan of target use (distribution) of foreign free aid (further - the plan) in duplicate;

copies of the agreement signed in writing, or the donative letter in which conditions and the purposes of use of foreign free aid are provided (in case of their availability);

the document confirming introduction (receipt) of foreign free aid in the form of money including in foreign currency, on the charitable bank account of the Republic of Belarus, and its copy;

copies of the document constituted in the sender's language, and the copy of its transfer into one of state languages of the Republic of Belarus confirming goods receipt (property) to the receiver with indication of its name, quantity and cost. In the absence of this document the explanatory note with indication of description of goods (property), its quantity, cost and the information about the sender is attached;

copies of the certificate on state registration - for the legal entity;

passport copies - for physical person;

information on expiration dates of the imported foodstuff - in case of their import as foreign free aid;

the acceptance act of foreign free aid - if its creation is stipulated by the legislation.

The copies of documents submitted to Department are certified by the head and seal of the organization without notarial attestation.

By consideration of the arrived documents Department has the right to request from the receiver, state bodies and other organizations other data (documents) necessary for refining or verification of the provided information, registration of foreign free aid, establishment of the purpose of its use or the bases for release of foreign free aid from customs duties for making of customs transactions, customs duties, the value added tax, excises, the income tax and the income tax from physical persons.

Application forms, the plan and the acceptance act of foreign free aid affirm Administration of the President of the Republic of Belarus.

The sizes of money, costs of goods (property) and types of foreign free aid which are not subject to registration are determined by Administration of the President of the Republic of Belarus in coordination with the President of the Republic of Belarus taking into account nature and purpose of this help.

The document confirming registration of foreign free aid is the certificate issued by Department in the form approved by Administration of the President of the Republic of Belarus.

Use of the foreign free aid which is subject to registration before receipt of the certificate is forbidden.

The order of registration of foreign free aid is determined by Administration of the President of the Republic of Belarus;

1.3. use of foreign free aid on the purposes which are not provided in part one of item 4 of this Decree and (or) in the plan is inappropriate.

2. The foreign free aid received by cash including in foreign currency, is subject to introduction by receivers into accounts in banks of the Republic of Belarus during 5 banking days from the date of its receipt or import to the territory of the Republic of Belarus.

Cash, including in foreign currency, the Republic of Belarus imported on the territory if they are used as foreign free aid, except for imported from state members of the Customs union, is subject to obligatory customs declaring in writing by persons importing this money on the territory of the Republic of Belarus.

3. The foreign free aid directed to the purposes determined in part one of item 4 of this Decree is exempted from customs duties for making of customs transactions, customs duties, the value added tax, excises, the income tax and income tax from the physical persons which are subject to payment by her receivers, and also the organizations and physical persons of the Republic of Belarus which received such help according to the procedure of its distribution according to the plan, Administration of the President of the Republic of Belarus in coordination with the President of the Republic of Belarus if other is not established by part two of this Item.

Are not subject to release according to part one of this Item:

from customs duties the excise goods imported on the territory of the Republic of Belarus;

from customs duties for making of customs transactions, customs duties, the value added tax and excises the goods for private use moved with physical persons through customs border of the Customs union. Cases and conditions of release from customs payments of the goods for private use imported by physical persons which are foreign free aid are determined by international treaties of the Republic of Belarus.

At the same time customs payments concerning the foreign free aid specified in part one of this Item are not estimated.

When using the tax benefits specified in part one of this Item, receivers of foreign free aid shall provide:

in inspectorate of the Ministry of Taxes and Tax Collection for the place of their statement on accounting:

corresponding statement;

the copy of the certificate of registration of foreign free aid containing data on the tax benefits established in part one of this Item;

the copy of the plan approved with Department;

in customs authority in case of customs declaring of foreign free aid:

the copy of the certificate of registration of foreign free aid containing data on the tax benefits established in part one of this Item;

the copy of the plan approved with Department;

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