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The document ceased to be valid since  September 16, 2021 according to the Resolution of Council of Ministers of the Republic of Belarus and National Bank of the Republic of Belarus of September 13, 2021 No. 530/10

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

of July 6, 2009 No. 898/10

About date of non-cash discharge of the foreign trade transactions when exporting

(as amended on 22-09-2017)

According to the paragraph the seventh subitem 1.6.1 of Item 1 of the Presidential decree of the Republic of Belarus of March 27, 2008 "About procedure for carrying out and control of the foreign trade transactions" the Council of Ministers of the Republic of Belarus and National Bank of the Republic of Belarus DECIDE No. 178:

1. Determine what is considered date of completion of the foreign trade transaction when exporting:

in case of complete or partial offsetting of the counter claims of the same kind following from agreements in foreign trade in case of their execution, and also in case of execution of the agreements in foreign trade assuming commodity export under one agreement and commodity import under other agreement, after the Republic of Belarus which took place between nonresidents of concession of the requirement or transfer of debt - date of making by the party which received the offer, in time, established for its acceptance, actions for accomplishment of the terms of the contract specified in it which draws up offsetting of counter claims of the same kind;

in case of 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 transfer of debt - date of making by the party which received the offer, in time, established for its acceptance, actions for accomplishment of the terms of the contract specified in it which draws up offsetting of counter claims of the same kind;

when carrying out the clearing settlements perfromed on the basis of clearing according to international treaties of the Republic of Belarus - signature date the parties of the document which according to international treaties draws up the mutual clearing settlements perfromed on the basis of clearing;

when implementing the exchange for goods quantity, equivalent at cost, amounts 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 - receipt date of goods (date of transfer of the protected information, exclusive rights on results of intellectual activities, performance of works, rendering services);

in case of discharge by innovation - signature date the parties of the document which draws up replacement of the initial obligation existing between them, other obligation between the same persons providing other subject or method of execution;

in case of 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, receipt date of the goods and the money (performance of works, rendering services, transfer of the protected information, exclusive rights on the results of intellectual activities) transferred (which are carried out, rendered) as compensation.

2. The terms applied in this resolution are used in the values determined by 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" (The national register of legal acts of the Republic of Belarus, 2008, No. 80, 1/9574).

3. This resolution becomes effective after its official publication.

 

Prime Minister of the Republic of Belarus

S. Sidorsky

Chairman of the board of National Bank of the Republic of Belarus

P. Prokopovich

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