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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of February 14, 2012 No. 146

About approval of the Regulations on pre-judicial dispute settlement (disagreements) connected with implementation of investments

(as amended on 06-05-2022)

Based on the paragraph of the sixth of part one of article 21 of the Law of the Republic of Belarus of July 23, 2008 No. 424-Z "About Council of Ministers of the Republic of Belarus" for the purpose of ensuring accomplishment of international treaties on assistance to implementation and protection of investments into parts of pre-judicial dispute settlement (disagreements) connected with implementation of investments, the Council of Ministers of the Republic of Belarus DECIDES:

1. Approve Regulations on pre-judicial dispute settlement (disagreements) connected with implementation of investments it (is applied).

2. This resolution becomes effective from the date of its official publication.

Prime Minister of the Republic of Belarus

M. Myasnikovich

Approved by the Resolution of Council of Ministers of the Republic of Belarus of February 14, 2012 No. 146

Regulations on pre-judicial dispute settlement (disagreements) connected with implementation of investments

1. This Provision determines order of interaction of the republican state bodies and other state organizations subordinated to the Government of the Republic of Belarus (further - state bodies), regional (Minsk city) executive committees (further - executive committees) concerning pre-judicial dispute settlement (disagreements) which arose between investors and the Republic of Belarus and connected with implementation of investments.

Action of this provision does not extend to the addresses which are subject to consideration only according to the procedure of the constitutional, criminal, civil, economic trial, production on cases on administrative offenses and also addresses concerning which legal acts of the Republic of Belarus establish other procedure for their consideration.

2. Pre-judicial dispute settlement (disagreements), connected with implementation of investments, is carried out based on the written proposal of the investor or his authorized or legal representative on pre-judicial dispute settlement (disagreements) (further - the written offer) given to authorized state body which is:

the state body or executive committee which concluded on behalf of the Republic of Belarus investment, concession or other treaty (agreement) with the investor concerning implementation of investments by it in the territory of the Republic of Belarus (further - the agreement (agreement), - in the presence of the dispute (disagreements) connected with non-execution (improper execution) of the agreement (agreement) if other is not provided by the agreement (agreement);

The Ministry of Economics - in the presence of the dispute (disagreements) connected with violation of the rights and legitimate interests of the investor agrees to the international treaties on assistance to implementation and protection of investments signed by the Republic of Belarus.

3. The authorized state body in six-months time considers the arrived written offer, including:

analyzes the facts stated in the written offer and (or) the problematic issues which arose when implementing investments;

obtains in the procedure established by the legislation information from state bodies, executive committees on the questions stated in the written offer. At the same time the term of submission of information shall not exceed seven days from the date of receipt of request of authorized state body;

takes measures for dispute settlement (disagreements).

4. If dispute settlement (disagreements) cannot be performed by authorized state body within its competence, the authorized state body has the right to involve state bodies, executive committees with which the draft agreement (agreements) was approved in consideration of the written offer, and (or) actions (failure to act) of officials of which entailed emergence of dispute (disagreements), and (or) within the competence of which adoption (preparation) of the decision on dispute settlement (disagreements) is. At the same time the term of consideration of the written offer in this case shall not exceed the term established in Item 3 this provision.

5. For consideration of the written offer the investor or from its consent his authorized or legal representatives is, as a rule, invited.

6. The authorized state body informs on results of consideration of the written offer the investor, and also the Ministry of Economics with application of copies of the arrived written offer and other materials received during its consideration.

7. In case of impossibility of dispute settlement (disagreements) by acceptable method the authorized state body constitutes the report on consideration of the written offer which shall include including contents of the written offer, specifying on the state bodies, executive committees which took part in its consideration, results of the carried-out analysis of the facts stated in it and (or) problematic issues which arose when implementing investments information obtained from state bodies, executive committees, the proposed measures for dispute settlement (disagreements) and specifying of the reasons on which their acceptance was impossible.

The report is signed by the head of authorized state body, constituted in duplicate, one of which remains in authorized state body, and the second is given to the investor. The copy of the report goes authorized state body to the Ministry of Economics.

8. Annually till February 25 of the year following for reporting the Ministry of Economics provides in Council of Ministers of the Republic of Belarus information on the written offers and results of their consideration which arrived from investors with offers on elimination of the reasons generating origin between investors and the Republic of Belarus of disputes (disagreements) connected with implementation of investments.

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