RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of May 21, 2009 No. 657

About approval of regulations on free economic zones and modification and amendments in resolutions of Council of Ministers of the Republic of Belarus (recognition separate of them or their provisions voided) concerning activities of free economic zones

Based on paragraphs of the eighth and ninth of Article 8, No. 213-Z "About free economic zones" the Council of Ministers of the Republic of Belarus DECIDES: parts six of Article 11 and part four of article 19 of the Law of the Republic of Belarus of December 7, 1998

1. Approve:

The regulations on the free economic zone Brest (are applied);

The regulations on the free economic zone Vitebsk (are applied);

The regulations on the free economic zone Gomel-Raton (are applied);

The regulations on the free economic zone Grodnoinvest (are applied);

The regulations on the free economic zone Minsk (are applied);

The regulations on the free economic zone Mogilev (are applied).

2. Make changes and additions to the following resolutions of Council of Ministers of the Republic of Belarus:

2.1. in the resolution of Council of Ministers of the Republic of Belarus of August 12, 2005 No. 891 "About approval of charters of administrations of free economic zones and about introduction of amendments to resolutions of Council of Ministers of the Republic of Belarus of April 8, 2002 No. 445 and of June 17, 2002 No. 789, and also recognition voided some orders of the Government of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2005, No. 129, 5/16399; 2007, No. 70, 5/24898; 2008, No. 149, 5/27869):

2.1.1. in the Charter of public institution "Administration of the free economic zone Brest:

to exclude from Item 1 of the word "in the territory";

state Item 9 in the following edition:

"9. Organization:

takes part in development and program implementation of social and economic development of the Brest region and makes offers by preparation of drafts of local budgets;

together with the Brest regional executive committee will organize work on development of SEZ "Brest" and implements programs of its development;

makes offers on preparation of regulatory legal acts on functioning of SEZ "Brest", including on enhancement of its special legal regime;

takes the initiative of change of borders of SEZ "Brest", prolongation of term of its functioning;

acts as the customer on designing and construction of facilities of production, engineering, transport and other infrastructure in borders of SEZ "Brest";

performs advertizing, information activities in the Republic of Belarus and abroad for the purpose of illumination of conditions of conducting investing and business activity in SEZ "Brest" and involvement of foreign and national investors;

in accordance with the established procedure considers the investment projects offered for realization in SEZ "Brest";

performs state registration of legal entities and individual entrepreneurs in SEZ "Brest", except for banks, the non-bank credit and financial organizations, insurance companies, insurance brokers, associations of insurers;

approves approximate form of the agreement on activities conditions in SEZ "Brest", and also form of the business plan of the investment project represented for registration as resident of SEZ "Brest";

concludes (prolongs) agreements on activities conditions in SEZ "Brest" and exercises control of their accomplishment;

registers legal entities and individual entrepreneurs as residents of SEZ "Brest" according to the procedure, established by the legislation on free economic zones;

receives from residents of SEZ "Brest" the statistical reporting data established by the legislation and the agreement on activities conditions in SEZ "Brest" about their activities, and also other information connected with their activities as residents of SEZ "Brest";

represents the interests of SEZ "Brest" in the relations with state bodies and other organizations;

in coordination with the State Customs Committee makes the decision on determination of limits of free customs zone (abolition of free customs zone) for resident of SEZ "Brest";

Brest issues the conclusions about results of implementation of the investment project of resident of the free economic zone;

makes decisions on deprivation of resident status of SEZ "Brest";

withdraws and provides in lease in accordance with the established procedure to residents of free economic zones the parcels of land in borders of SEZ "Brest", if necessary makes transfer of the parcels of land from one categories in others if such rights are delegated to it by the Brest regional executive committee and (or) other is not provided by the President of the Republic of Belarus;

according to the legislation disposes of the property transferred to it to operational management, including acts as the lessor concerning the specified property;

develops the project of regulations on fund of development of the free economic zone Brest and according to the legislation disposes of means of this fund;

within the competence renders assistance in work of the controlling and law enforcement agencies of the Republic of Belarus;

performs other powers provided by this Charter and other legislation.";

add Item 12 with parts of the second or seventh of the following content:

"Council of administration is effective constantly. Meetings of council are held as required, but at least once a quarter.

The head of administration, his deputies, the chief accountant, heads of structural divisions of administration of SEZ "Brest" are part of council of administration of SEZ "Brest".

Decisions of meeting of council of administration of SEZ "Brest" are made by open voting, the members of council who by a simple majority vote are present - at least 2/3 its structures. In case of equal distribution of voices the decision for which voted presiding over this meeting is made.

The invited representatives of the Brest regional executive committee (The Brest Gorispolkom), the organizations, other persons have the right to be present at meetings of council of administration of SEZ "Brest".

The organization of meeting of council of administration of SEZ "Brest", execution of the protocol are provided by the secretary appointed by the head of administration.

Council of administration of SEZ "Brest" has the right to make decisions on questions:

registration of legal entities or individual entrepreneurs as resident of SEZ "Brest";

deprivations of legal entities or individual entrepreneurs of resident status of SEZ "Brest";

prolongation of agreements on activities conditions in SEZ "Brest";

to other questions of activities of administration of SEZ "Brest" and its residents.";

2.1.2. in the Charter of public institution "Administration of the free economic zone Vitebsk:

to exclude from Item 1 of the word "in the territory";

state Item 9 in the following edition:

"9. Organization:

takes part in development and program implementation of social and economic development of the Vitebsk region and makes offers by preparation of drafts of local budgets;

together with the Vitebsk regional executive committee will organize work on development of SEZ "Vitebsk" and implements programs of its development;

makes offers on preparation of regulatory legal acts on functioning of SEZ "Vitebsk", including on enhancement of special legal regime;

takes the initiative of change of borders of SEZ "Vitebsk", prolongation of term of its functioning;

acts as the customer on designing and construction of facilities of production, engineering, transport and other infrastructure in borders of SEZ "Vitebsk";

performs advertizing, information activities in the Republic of Belarus and abroad for the purpose of illumination of conditions of conducting investing and business activity in SEZ "Vitebsk" and involvement of foreign and national investors;

in accordance with the established procedure considers the investment projects offered for realization in SEZ "Vitebsk";

performs state registration of legal entities and individual entrepreneurs in SEZ "Vitebsk", except for banks, the non-bank credit and financial organizations, insurance companies, insurance brokers, associations of insurers;

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