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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of October 3, 2011 No. 442

About some questions of implementation of investing activities concerning subsoil

(as amended on 01-02-2018)

For the purpose of enhancement of legal regulation of investing activities concerning subsoil:

1. Determine that:

1.1. the realization of investment projects in the territory of the Republic of Belarus concerning subsoil can be enabled based on the investment agreement with the Republic of Belarus signed according to the 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 taking into account the features provided in this Decree or the concession treaty;

1.2. the type of the concession treaty is determined by the President of the Republic of Belarus in case of decision making about need of concession concerning subsoil plots.

The procedure for the conclusion, change, termination of the concession treaty is determined by Council of Ministers of the Republic of Belarus taking into account requirements of legal acts;

1.3. the choice of the investor for implementation of investment projects in the territory of the Republic of Belarus concerning subsoil (further - the investor) is performed by results of the auction held in the form of tender or auction (further - the biddings), except as specified, specified in parts two and the fourth this subitem.

With the investor who performed in accordance with the established procedure geological studying of subsoil at the expense of own means, the investment or concession treaty for implementation of the investment project in the territory of the Republic of Belarus concerning subsoil on development of the reconnoitered mineral deposit is signed without tendering.

The procedure for tendering at the choice of the investor is determined by Council of Ministers of the Republic of Belarus.

According to the decision of the President of the Republic of Belarus the choice of the investor can be performed in other procedure;

1.4. for provision of subsoil plots in use according to the concession treaty or the investment agreement with the Republic of Belarus the investor in time no later than 12 months from the date of its conclusion if other is not established by the President of the Republic of Belarus, in the income of the republican budget:

the one-time payment for mineral right is paid;

the costs incurred by the state on preliminary, detailed investigation and additional exploration of minerals and (or) geothermal resources of subsoil (including test operation of the field of hydrocarbons or separate boreholes), in the amount of, determined by the Ministry of Natural Resources and Environmental Protection are compensated.

In case of tendering at the choice of the investor the one-time payment for mineral right is paid in the amount of, developed by their results, but not below the starting amount of one-time payment (further - starting payment).

If the auction at the choice of the investor is not held, the one-time payment for mineral right is paid in the amount of starting payment if other is not provided by the President of the Republic of Belarus.

The amount of starting payment and procedure for its calculation are determined by Council of Ministers of the Republic of Belarus in coordination with the President of the Republic of Belarus;

1.5. in case of identification during operational investigation in borders of mountain branch:

additional amounts of minerals concerning which the concession treaty or the investment agreement is signed with the Republic of Belarus the investor in addition pays the one-time payment for mineral right calculated in proportion to the reconnoitered additional amounts of these minerals;

other types of minerals the investor in addition pays the starting payment calculated by these types of minerals.

The payments provided in this subitem are paid by the investor in time no later than 12 months from the date of approval in the procedure for inventories of the reconnoitered minerals established by the legislation;

1.6. the investor and (or) the organization in accordance with the established procedure created in the Republic of Belarus by this investor or with its participation in case of implementation of the investment project based on the concession treaty have the right to the privileges and preferences provided by the Decree of the President of the Republic of Belarus of August 6, 2009 No. 10.

2. To Council of Ministers of the Republic of Belarus till December 1, 2011 to bring on approval to the President of the Republic of Belarus procedure of payments of starting payment and to take other measures for implementation of this Decree.

3. This Decree becomes effective since January 1, 2012, except for Item 2 and this Item which are becoming effective from the date of its signing.

The investment agreements on realization in the territory of the Republic of Belarus of investment projects concerning subsoil signed before entry into force of this Decree are not subject to reduction in compliance with requirements of this Decree.

President of the Republic of Belarus

A. Lukashenko

 

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