RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of November 6, 2009 No. 1448

About approval of the Regulations on procedure for provision to physical persons and legal entities of powers on representation of interests of the Republic of Belarus concerning investment attraction to the Republic of Belarus

According to the paragraph the second Item 2 of the Presidential decree of the Republic of Belarus of August 6, 2009 "About provision to physical persons and legal entities of powers on representation of interests of the Republic of Belarus concerning investment attraction to the Republic of Belarus" the Council of Ministers of the Republic of Belarus DECIDES: No. 413

1. Approve Regulations on procedure for provision to physical persons and legal entities of powers on representation of interests of the Republic of Belarus concerning investment attraction to the Republic of Belarus it (is applied).

2. This resolution becomes effective since November 8, 2009.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of November 6, 2009 No. 1448

Regulations on procedure for provision to physical persons and legal entities of powers on representation of interests of the Republic of Belarus concerning investment attraction to the Republic of Belarus

1. This Provision determines procedure for provision to physical persons and legal entities of powers on representation of interests of the Republic of Belarus concerning investment attraction to the Republic of Belarus (further – investment agents), and also procedure for their interaction by the matters with the republican state bodies, other organizations subordinated to the Government of the Republic of Belarus (further – state bodies), regional (Minsk city) executive committees (further – executive committees).

2. Powers on representation of interests of the Republic of Belarus concerning investment attraction to the Republic of Belarus (further powers) can be conferred for the purpose of:

2.1. developments of administrative and territorial units and spheres of economy of the Republic of Belarus;

2.2. implementation of investment projects, including:

creation and development in the territory of the Republic of Belarus of the organizations with participation of the investor having strategic importance;

acquisition by the investor of the objects which are in state-owned property including in the course of privatization.

3. Powers of the investment agent can be conferred:

3.1. to residents of the Republic of Belarus - the legal entities and physical persons registered in accordance with the established procedure as individual entrepreneurs;

3.2. to nonresidents of the Republic of Belarus - the legal entities performing activities in the territory of the Republic of Belarus through creation of the affiliated organization or representation, to the physical persons registered in accordance with the established procedure as individual entrepreneurs.

4. In some cases according to the decision of Council of Ministers of the Republic of Belarus powers of the investment agent can be provided to foreign physical persons without their registration in accordance with the established procedure as individual entrepreneurs in the territory of the Republic of Belarus.

Preparation and decision making of Council of Ministers of the Republic of Belarus about provision to such physical persons of powers of the investment agent is performed according to the procedure, provided by this Provision.

4-1. Responsible for preparation of the decision of Council of Ministers of the Republic of Belarus and the conclusion on a grant basis of the agreement on representation of interests of the Republic of Belarus concerning investment attraction to the Republic of Belarus (further – the agreement) it is determined:

state body – in case of representation of interests of the Republic of Belarus on investment attraction to the respective sphere of economy;

executive committee – in case of representation of interests of the Republic of Belarus on investment attraction to the respective area Minsk);

other state body or executive committee determined based on protocols of meetings (meetings) with the Prime Minister of the Republic of Belarus and his deputies, and also their instructions and orders.

5. The applicant – the legal entity or physical person applying for receipt of powers of the investment agent files petition for provision to it such powers in the state body or executive committee specified in Item of 41 this provision.

Are enclosed to the application for provision of powers of the investment agent:

the copy of the certificate on state registration of the legal entity, physical person as the individual entrepreneur;

the copy of the identity document of the physical person applying for provision of powers of the investment agent according to item 4 of this provision;

the agreement according to appendix in duplicate prepared in Russian and signed by the applicant;

the brief information information in any form of the applicant, its activities and experience in implementation of investment projects in the territory of the Republic of Belarus and (or) beyond its limits, and also offers with the characteristic of measures for representation of interests of the Republic of Belarus on investment attraction to the Republic of Belarus and specifying of the investors attracted by the applicant to implementation of investment projects in the territory of the Republic of Belarus.

6. Consideration of the application about provision of powers of the investment agent is performed by state body or executive committee within 15 working days from the date of receipt of such statement.

In state body or executive committee the corresponding official responsible for consideration of the applications about provision of powers of the investment agent, ensuring direct interaction with applicants in the course of such consideration, and also having rights to request the additional data necessary for decision making on provision of powers of the investment agent from the applicant is determined.

The state body or executive committee receives the decision of the legal expertize of the agreement which is carried out by the Ministry of Justice.

7. The statement for provision of powers of the investment agent is subject to obligatory consideration at meeting of board (council) of state body, meeting of executive committee by results of which the decision on preparation and the direction in the Government of the Republic of Belarus of idea of determination of the investment agent or of refusal in the direction of the specified representation can be made.

For participation in meeting of board (council) of state body, meeting of executive committee the applicant (other person authorized by it in accordance with the established procedure) is, as a rule, invited.

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