PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of May 26, 2011 No. 220

About creation of the special tourist and recreational park "August Channel"

For the purpose of creating favorable conditions for implementation of investment projects of development of the tourist industry and infrastructure in the territory adjacent to the Belarusian part of the August canal, I decide:

1. Create the special tourist and recreational park "August Channel" (further if other is not established, - the park) for a period of 20 years total area of 5749,88 of hectare in borders according to appendix.

2. Assign to administration of the free economic zone Grodnoinvest of function on management of the park and grant it the right:

register legal entities and individual entrepreneurs as residents of the park according to the procedure, determined by Council of Ministers of the Republic of Belarus;

conclude (to prolong) the agreement on activities conditions in the park which approximate form affirms the called administration and to exercise control of its accomplishment;

make decisions on the deprivation of resident status of the park according to the procedure determined by Council of Ministers of the Republic of Belarus;

withdraw and provide in lease in the procedure established by the legislation to residents of the park the parcels of land in park borders, if necessary to make transfer of the parcels of land from one categories in others;

represent the interests of the park in the relations with state bodies and other organizations;

act as the customer on designing and construction of facilities of production, engineering, transport and other infrastructure in park borders;

issue the conclusions about results of implementation of the investment project of resident of the park;

prepare in the procedure established by the legislation settlement indicators for forming of the budget statement of the park for the next financial year;

perform other powers provided by this Decree and other acts of the legislation.

3. Determine that:

development financing of the park, engineering, transport and other infrastructure and other stipulated by the legislation expenses for ensuring its functioning are performed at the expense of means of the republican budget and fund of development of the free economic zone Grodnoinvest;

economic and other activity within especially protected natural territories and their conservation zones which are in park borders is performed according to the legislation on especially protected natural territories.

4. The administration of the free economic zone Grodnoinvest makes the decision on registration of legal entities and individual entrepreneurs as residents of the park in case of compliance of their investment projects to at the same time following conditions:

the investment project is directed to creation and (or) development of objects of the tourist industry and infrastructure when implementing in the territory of the park of types of activity according to the list approved by Council of Ministers of the Republic of Belarus in coordination with the President of the Republic of Belarus;

the declared volume of investment into implementation of the investment project constitutes the amount equivalent to at least 200 thousand euros.

The state fee in the amount of, provided by legal acts for residents of free economic zones is paid for state registration of legal entities and individual entrepreneurs as residents of the park.

5. Exempt residents of the park:

5.1. from the income tax within five calendar years, since first calendar year (inclusive) in which there was gross profit, in the part of profit received by them from sales of goods (works, services) of own production. At the same time calendar year in which the organization was not resident of the park does not belong to such first calendar year.

After the specified period the profit of residents of the park got from sales of goods (works, services) of own production is assessed at the rate reduced by 50 percent from the rate established by the legislation, but no more than at the rate of 12 percent;

5.2. from the real estate tax on the buildings and constructions located in the territory of the park, irrespective of the direction of their use including in case of their delivery in lease, other paid or free use;

5.3. from the value added tax from turnovers on sales of goods (works, services) of own production in the territory of the Republic of Belarus.

The privileges specified in subitem 5.1 and part one of subitem 5.3 of this Item are applied provided that date of sales of goods (works, services) falls on the period of action of the certificate of products (works, services) of the own production issued in accordance with the established procedure;

5.4. from payment for the right of lease of the parcel of land located in park borders;

5.5. from import customs duties (in case of observance of the conditions established in subitem 7.1.11 of Item 7 of the Decision of the Commission of the Customs union of November 27, 2009 No. 130 "On single customs and tariff regulation of custom union of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation" (The national register of legal acts of the Republic of Belarus, 2009, No. 287, 3/2349) and the value added tax when importing to the territory of the Republic of Belarus of processing equipment, component parts and spare parts to it, raw materials and materials for use only in the territory of the Republic of Belarus for the purpose of implementation of investment projects in park borders according to the inventory approved by the Grodno regional executive committee.

The supporting document of accomplishment of conditions of provision of the privileges on import customs duties and the value added tax determined in this subitem is the conclusion of the Grodno regional executive committee issued to resident of the park.

In case of inappropriate use of the goods imported with provision of the privileges specified in this subitem, import customs duties and the value added tax are paid collected) according to the legislation;

5.6. from payment of the state fee for issue to foreign citizens and the persons without citizenship involved by residents of the park for implementation of the investment project, special permissions to the occupation right labor activity in the Republic of Belarus;

5.7. from compensation of the losses of agricultural and (or) forestry and landscape production caused by withdrawal of the farmlands and lands of forest fund located in park borders, for implementation of the investment project, and also from the compensation payments connected with transfer and cutting down of green plantings on lands of settlements.

6. The privileges determined in subitem 5.1 and part one of subitem 5.3 of Item 5 of this Decree concerning residents of the park do not extend to realization:

rounds according to which the transit of the tourist (tourist) succeeds completely or partially outside the territory of the Republic of Belarus (except for the travel connected with entrance tourism), and also the services connected with forming, the organization or realization of such tours (travel) including promotion, consulting, information and transport services;

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