RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS AND NATIONAL BANK OF THE REPUBLIC OF BELARUS

of November 5, 2011 No. 1483/22

About establishment of date of completion of the foreign trade transactions by separate types of agreements in foreign trade and conditions of prolongation of date of completion of the foreign trade transactions

According to subitem 1.5 of Item 1 of the Presidential decree of the Republic of Belarus of March 27, 2008 No. 178 "About procedure for carrying out and control of the foreign trade transactions" Council of Ministers of the Republic of Belarus and National Bank of the Republic of Belarus POSTANOVLYAYUT:

1. Establish the following date of completion of the foreign trade transactions by separate types of agreements in foreign trade:

1.1. when exporting residents shall provide completion of the foreign trade transactions by nonresidents under the agreements providing:

delivery of the autotractor, agricultural, road-building, timber industry, career, underground, special machinery made in the Republic of Belarus, military products and spare parts necessary for maintenance of the specified equipment and products:

worth over five hundred thousand euros in equivalent for unit - no later than 1440 calendar days from shipping date of goods;

worth from hundred to five hundred thousand euros in equivalent for unit - no later than 720 calendar days from shipping date of goods;

worth from thirty to hundred thousand euros in equivalent for unit - no later than 365 calendar days from shipping date of goods;

delivery of the vehicle sets made in the Republic of Belarus, motorokomplekt, traktorokomplekt, kombaynokomplekt and other components to the joint businesses organized abroad, assembly productions, and also spare parts to the subjects of goods distribution network enabling the realization and field service of products of mechanical engineering of the Belarusian producers - no later than 365 calendar days from shipping date of goods;

delivery of the elevators made in the Republic of Belarus, the lift equipment and spare parts to them - no later than 365 calendar days from shipping date of goods;

delivery of pharmaceutical products by the organizations performing production of pharmaceutical products - no later than 365 calendar days from shipping date of goods;

accomplishment of design and survey and (or) construction works (rendering services) in the territory of the Bolivarian Republic of Venezuela, - no later than 365 calendar days from the date of execution of the act of acceptance of the performed works (the rendered services);

accomplishment contract and (or) installation and construction works (rendering services) in the territory of foreign states the organizations subordinated to the Department of Energy and also the organizations which are part of the national production associations subordinated to the specified Ministry - no later than 720 calendar days from the date of execution of the act of acceptance of the performed works (the rendered services) within 10 percent from total cost of the agreement;

1.2. when importing residents shall provide completion of the foreign trade transactions under the agreements providing:

ensuring implementation by banks of the international interbank settlements with use of the correspondent accounts opened in banks of the Republic of Belarus - no later than 365 calendar days from date of payment;

receipt of periodicals by the resident, - no later than 365 calendar days from date of payment;

ensuring construction with participation of the State general reserve fund of the Sultanate of Oman of multipurpose complex in Minsk in borders of streets of Ya.Kupaly-M.Bogdanovicha-r. of Svisloch and its input in operation, - no later than 365 calendar days from date of payment;

acquisition by the resident in the presence of coordination of the relevant higher state body, regional executive committee or the Minsk Gorispolkom, in subordination (structure) of which it is (for the organizations without departmental subordination and individual entrepreneurs - regional executive committee or the Minsk Gorispolkom), goods (works, services, the protected information, exclusive rights on results of intellectual activities), the production period (accomplishment, rendering) which specified in the agreement in foreign trade exceeds the terms established by the foreign exchange legislation of the Republic of Belarus - in the terms established by the corresponding agreements in foreign trade, determined taking into account terms of production, delivery to the territory of the Republic of Belarus and the room under customs procedures, but no later than 180 calendar days from date of payment;

acquisition by the resident in the presence of coordination of the relevant higher state body, regional executive committee or the Minsk Gorispolkom, in subordination (structure) of which it is (for the organizations without departmental subordination and individual entrepreneurs - regional executive committee or the Minsk Gorispolkom), processing equipment which the production period specified in the agreement in foreign trade exceeds the terms established by the foreign exchange legislation of the Republic of Belarus - in the terms established by the corresponding agreements in foreign trade, determined taking into account terms of production, delivery to the territory of the Republic of Belarus and the room under customs procedures, but no later than 365 calendar days from date of payment.

The coordination of the relevant higher state body specified in paragraphs five and pole of part one of this subitem, regional executive committee or the Minsk Gorispolkom shall be received no later than 90 calendar days from date of payment.

2. Determine the following conditions in case of which observance date of completion of the foreign trade transactions can be extended by National Bank (its head departments on areas) according to the statement of resident:

2.1. availability of documentary confirmation of acceptance judicial (arbitral, arbitration) body of the action for declaration of resident upon non-execution by the nonresident of the obligations according to the agreement in foreign trade before the expiration of the date of completion of the foreign trade transaction which is earlier extended by National Bank;

2.2. completion of the previous foreign trade transaction according to the corresponding agreement in foreign trade for which permission of National Bank to prolongation of terms of its completion is got;

2.3. lack of the facts of numerous attraction of the resident to the administrative responsibility for violation of the law of the Republic of Belarus in the field of foreign trade activity within twelve months preceding date of its appeal to National Bank;

2.4. observance by the resident of requirements of the foreign exchange legislation of the Republic of Belarus when carrying out the foreign trade transaction for which prolongation of deadlines permission is asked;

2.5. lack of the repeated request of resident for the prolongation of date of completion of the foreign trade transaction operations concluded with the same nonresident within twelve months preceding date of the appeal of resident to National Bank.

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