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

of April 30, 2009 No. 548/8

About some questions of discharge of the foreign trade transactions when exporting and to agreements in foreign trade in case of the redemption of subject of leasing

According to the paragraph the sixth subitem 1.7 of Item 1 of the Presidential decree of the Republic of Belarus of March 27, 2008 No. 178 "About procedure for carrying out and control of the foreign trade transactions", part two of subitem 1.1 of Item 1 of the Presidential decree of the Republic of Belarus of January 14, 2019 No. 16 "About development of international leasing" Council of Ministers of the Republic of Belarus and National Bank of the Republic of Belarus POSTANOVLYAYUT:

1. Determine that when exporting the foreign trade transaction to the Republic of Belarus established by the Presidential decree of March 27, 2008 terms can be finished No. 178 in the way:

complete or partial offsetting of the counter claims of the same kind following from agreements in foreign trade in case of their execution;

complete or partial offsetting of counter claims of the same kind in case of execution of the agreements in foreign trade assuming commodity export under one agreement and commodity import under other agreement after the concession of the requirement or the translation of debt which took place between nonresidents of the Republic of Belarus;

complete or partial offsetting of counter claims of the same kind in case of execution of the agreements in foreign trade assuming accomplishment of construction, special, installation works and (or) rendering services in construction in the territory of the Russian Federation and the related agreements of creation of object of shared-equity construction after the Republic of Belarus which took place between nonresidents in accordance with the established procedure concessions of the requirement or the translation of debt;

carrying out the clearing settlements perfromed on the basis of clearing according to international treaties of the Republic of Belarus;

the exchange for goods quantities, amounts, equivalent at cost, of the protected information, exclusive rights on results of intellectual activities, the performed works, the rendered services which is drawn up by the bilateral agreement in foreign trade of exchange;

discharge by innovation;

discharge, following from agreements in foreign trade, with provision instead of execution of compensation, the size which terms and procedure for provision are established by the parties.

1-1. Obligations on payment of payments in case of the redemption of subject of leasing of the separate agreement in foreign trade to the Republic of Belarus established in subitem 1.2 of Item 1 of the Presidential decree of January 14, 2019 terms can be stopped No. 16 in non-cash form in the way:

complete or partial offsetting of counter claims of the same kind on payment of payments in case of the redemption of subject of leasing of the separate agreement in foreign trade and payment of goods (work, service) according to other agreement in foreign trade in case of their execution;

complete or partial offsetting of counter claims of the same kind in case of execution of the agreements in foreign trade assuming commodity export under one agreement and commodity import under other agreement after taken place between the leasing recipient - the nonresident of the Republic of Belarus and other nonresident of the Republic of Belarus concessions of the requirement or the translation of debt;

discharge by innovation;

provisions instead of execution of compensation, the size which terms and procedure for provision are established by the parties.

2. This resolution becomes effective since May 1, 2009.

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