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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

(In edition of the Resolution of Council of Ministers of the Republic of Belarus of 11.12.2013 No. 1062)

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 "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 the enclosed Regulations on pre-judicial dispute settlement (disagreements) connected with implementation of investments.

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 three-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 presents of the Provision.

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

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