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The agreement between the Government of the Russian Federation and the Government of the Republic of Belarus on occurrence of the Belarusian state company for transportation and supply of gas Beltransgaz in structure of the Russian joint stock company "Gazprom"

of September 8, 1993

The government of the Russian Federation and the Government of the Republic of Belarus which are hereinafter referred to as with the Parties

noting important role of the gas industry in fuel and energy balance and economy of the republics, for the purpose of creation of effective and reliable system of providing consumers of the national economy and the population of the republics in gas,

agreed as follows:

Article 1

1.1. Considering proposals of staff of the Belarusian state company for transportation and supply of gas Beltransgaz, the specified company becomes affiliated enterprise of the Russian joint stock company "Gazprom" created by the Presidential decree of the Russian Federation of November 5, 1992 N 1333 "About transformation of the State gas concern "Gazprom" to the Russian joint stock company "Gazprom", keeps trade name, the rights of the legal entity and acts on the basis of the Law of the Republic of Belarus "About foreign investments in the territory of the Republic of Belarus" and the Charter approved by RJSC Gazprom.

1.2. The Republic of Belarus receives shares (certificate) on property value of GP "Beltransgaz" transferred to the Authorized capital of RJSC Gazprom from which 15% are on sale to members of labor collective of the Beltransgaz company according to the procedure of the closed subscription.

Article 2

The property value of the Beltransgaz company transferred to RJSC Gazprom is estimated according to the technique accepted for RJSC Gazprom based on data of the balance sheet as of January 1, 1993 and made 1217077 thousand rubles.

The cession of property is performed by the bilateral act of value assessment of property signed by representatives of the Beltransgaz company and the Russian joint stock company "Gazprom". The appraisal report of property of the Beltransgaz company is applied and is integral part of this agreement.

The earth under the existing objects of the gas industry of the Republic of Belarus is leased by RJSC Gazprom for a period of 99 years. The payment for use of the earth is performed according to the legislation of the Republic of Belarus.

Article 3

The Republic of Belarus guarantees that the property transferred in result of this agreement, and investment of RJSC Gazprom which will be performed in the territory of the republic confiscations are not subject, to nationalization and requisition.

The Republic of Belarus guarantees also free transit of the Russian natural gas for export.

Article 4

The price for gas sale to the gas-selling organizations of the Republic of Belarus is established by the free standing agreement between the Government of the Russian Federation and the Government of the Republic of Belarus.

Article 5

The Republic of Belarus imported on the territory the material resources necessary for ensuring life activity of the Beltransgaz company, and the natural gas delivered to the Republic of Belarus is exempted from payment of customs duties, charges and the export levies and import.

The Beltransgaz company and RJSC Gazprom, and also physical persons, being workers of the legal entities stated above, will not be exposed to double taxation concerning the same income and property at the same time in the territory of the Russian Federation and the Republic of Belarus.

Article 6

The parties shall keep and develop economic bonds in development and operation of gas fields and the existing gas-transport systems, to perform joint investments in investigation and development of new fields and objects of the gas industry of both states by assignments from cost and profit, being at the command the companies of RJSC Gazprom, in single fund of stabilization and development of capacities in gas production and condensate.

Article 7

According to all stocks owned by the Republic of Belarus within three years at least 50% of dividends remain at the disposal of RJSC Gazprom and go for modernization financing, reconstruction and expansion of production, and holding nonconsumptive actions in the Republic of Belarus.

Article 8

According to the stocks of RJSC Gazprom owned by the Republic of Belarus control is exercised by Council of Ministers of the Republic of Belarus or body of it RJSC Gazprom authorized through the representative according to the Charter approved by the resolution of Council Ministrovpravitelstva of the Russian Federation of February 17, 1993 N 138.

Article 9

The Russian side assists RJSC Gazprom in increase in annual supply of the Russian natural gas for gas supply of consumers of the Republic of Belarus with finishing them to 21 billion cubic meters in 1995, 26 billion cubic meters in 2000 and 33 billion cubic meters by 2010.

Article 10

This agreement does not affect the rights and obligations of the Parties according to international agreements and agreements which participants they are.

Article 11

This agreement becomes effective after accomplishment by Contracting Parties of the procedural requirements provided by the national legal system and will be effective until one of the Parties does not notify on the refusal of participation in the Agreement in one year prior to exit from the Agreement.

The agreement can be changed and added according to the free standing agreement of the Parties.

It is made in Moscow on September 8, 1993 in duplicate everyone, in the Russian and Belarusian languages, and both texts are equally authoritative.

 

For the Government of the Russian Federation

For the Government of the Republic of Belarus

The appraisal report of property value of GP "Beltransgaz" as of January 1, 1993.

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¦         в том числе:                                 ¦             ¦
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¦    основные средства (за вычетом начисленного        ¦             ¦
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