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DECREE OF THE PRESIDENT OF THE REPUBLIC OF BELARUS

of August 6, 2009 No. 10

About creation of additional terms for implementation of investments in the Republic of Belarus

(as amended on 16-07-2019)

For the purpose of creation of additional terms for implementation of investments in the Republic of Belarus and according to part three of article 101 of the Constitution of the Republic of Belarus:

1. Determine that:

1.1. the investment agreement between the investor (investors) and the Republic of Belarus (further - the investment agreement) can be signed only for the purpose of realization in the territory of the Republic of Belarus of the investment project corresponding to priority type of activity (the sector of economy) for implementation of investments (further - the investment project), according to the procedure and on the conditions determined by this Decree and other acts of the legislation.

Priority types of activity (sectors of economy) for implementation of investments are determined by Council of Ministers of the Republic of Belarus;

1.2. the investment agreement is signed based on the decision:

republican state body, other state organization subordinated to the Government of the Republic of Belarus, Administration of the President of the Republic of Belarus (further if other is not provided, - state body), regional (Minsk city) executive committee (further if other is not provided, - executive committee) if by such investment agreement it is not provided to the investor (investors) and (or) the organization realizing the investment project * (further - the organization), additional benefits and (or) preferences, except established by this Decree, other acts of the legislation;

Council of Ministers of the Republic of Belarus in coordination with the President of the Republic of Belarus if by this investment agreement it is provided to the investor (investors) and (or) the organization of the privileges and (or) preferences which are not established by this Decree, other acts of the legislation. In this decision of Council of Ministers of the Republic of Belarus the state body or executive committee authorized on signing of such investment agreement, and also if necessary procedure for confirmation of the right to application of the specified privileges and (or) preferences are determined.

For the conclusion of the investment agreement specified in paragraph three of part one of this subitem submission of the business plan of the investment project and conducting the state complex examination of the investment project according to the procedure, established by Council of Ministers of the Republic of Belarus are required.

The state body, executive committee for the purpose of receipt of the data necessary for decision making about the conclusion of the investment agreement, perform interaction with other state bodies, executive committees, including by the direction of the corresponding requests, informing term on which shall not exceed ten calendar days.

The procedure for the conclusion, change and termination of investment agreements in the part which is not settled by this Decree is determined by Council of Ministers of the Republic of Belarus;

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* For the purposes of this Decree the organization realizing the investment project is understood as the organization created by the investor (investors) or the organization concerning which the investor (investors) has opportunity to determine the decisions made by it by the bases established by the legislation.

1.3. in the presence of two and more investors applying for implementation of investment projects on the same parcel of land included in the list of the sites intended for the subsequent provision to investors and (or) the organizations for construction of facilities, provided by the investment agreements signed with the Republic of Belarus (further - the list of sites for implementation of investment projects), the investment agreement is signed following the results of competition at the choice of the investor (investors) for the conclusion with it the investment agreement held according to the procedure, determined by Council of Ministers of the Republic of Belarus.

2. Determine that:

2.1. the investment agreement shall contain the following compulsory provisions:

object, amount, sources, terms and conditions of implementation of investments;

terms of each of realization stages (in case of their availability) the investment project;

date of termination of implementation of the investment project, and also effective period of the investment agreement;

rights and obligations of the Parties of the investment agreement (organization), including obligation of the investor (investors) or organization:

compensate to the Republic of Belarus and its administrative and territorial units of the amount of privileges and (or) preferences * in case of the termination of the investment agreement on the bases other, than execution by the investor (investors) and (or) the organization of the obligations for the investment agreement;

in writing to notify the state body or executive committee which signed the investment agreement on reorganization and (or) change of the owner of property, the list of participants at least in two months prior to date of their implementation. In the presence of objections on these circumstances the state body or executive committee which signed the investment agreement shall notify on it the investor (investors) or the organization before implementation of their reorganization and (or) change of the owner of property, the list of participants. Not direction the investor (investors) or the organization of the specified notification, and also their reorganization and (or) change of the owner of property, the list of participants in the presence of the arrived objection are the basis for refusal of the Republic of Belarus on behalf of the state body or executive committee which signed the investment agreement from execution of the obligations under the investment agreement unilaterally. Action of this paragraph does not extend to cases of transformation of the state unitary enterprises to open joint stock companies, and also to cases of change of the owner of property of the investor (investors) or the organization or the list of their participants as a result of the death of physical persons;

responsibility of the parties of the investment agreement (organization) for non-execution or improper execution of its conditions, including responsibility of the investor (investors) and (or) the organizations for violation of terms of implementation of the investment project and (or) stages of its realization (in case of their availability) and compensation to the investor (investors) of the losses caused as a result of illegal actions (failure to act) of the officials of state body or executive committee who signed the investment agreement on behalf of the Republic of Belarus and (or) other state body (organization);

the right of the Republic of Belarus to unilateral refusal from execution of the obligations under the investment agreement in case of non-execution or improper execution by the investor (investors) and (or) the organization of the obligations;

requirements about confidentiality of information;

procedure and body of consideration of the disputes between the parties of the investment agreement connected with execution of conditions of the investment agreement;

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