PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of April 16, 2012 No. 174

About some measures for development of pharmaceutical industry

For the purpose of development of pharmaceutical industry, providing necessary conditions for creation, technical retrofitting and reconstruction of productions in release of competitive medicines I decide:

1. Suggest banks of the Republic of Belarus to grant under guarantees of the Government of the Republic of Belarus the loans to the pharmaceutical organizations realizing investment projects on creation, technical retrofitting and reconstruction of production capacities according to appendix 1 (further - the pharmaceutical organizations).

In case of the conclusion of loan agreements with the pharmaceutical organizations to provide the beginning of return (repayment) of the credits in three years from the 1st following after month of reflection in financial accounting of commissioning of fixed assets within implementation of investment projects on creation, technical retrofitting and reconstruction of the production facilities specified in appendix 1 to this Decree (further - the investment project), monthly equal shares within at least seven years, but no more payback period of the investment project.

2. Perform in 2012-2019 according to the decision of the Government of the Republic of Belarus at the expense of the means of the republican budget provided on other questions in the field of the industry, compensation to the pharmaceutical organizations of part of interest for using the credits received according to Item 1 of this Decree for the purpose of implementation of investment projects in the amount of 75 percent of rate on the credit with compensation in Belarusian rubles on the official rate of National Bank for date of compensation of percent.

3. Guarantees of the Government of the Republic of Belarus are provided in repayment of the main amount of debt on the credits issued according to Item 1 of this Decree, and interest for using by them.

The payment for provision of a guarantee for the Government of the Republic of Belarus is made one-timely in the amount of the percent 0,01 from credit amount issued according to Item 1 of this Decree.

4. Exempt during implementation of investment projects from January 1, 2012 to December 31, 2017 from taxation by import customs duties (taking into account the international obligations of the Republic of Belarus), and also the value added tax the processing equipment, component parts and spare parts to it (further - goods) imported on the territory of the Republic of Belarus by the pharmaceutical organizations for exclusive use in the territory of the Republic of Belarus for the purpose of implementation of investment projects according to appendix 2.

The basis for provision of the privileges determined in part one of this Item is submission to customs authority (tax authority - in case of commodity importation from the territory of state members of the Eurasian Economic Union) the conclusions of the Ministry of Health about purpose of imported goods for exclusive use in the territory of the Republic of Belarus for the purpose of implementation of the investment project. Data on the name, quantity and cost of the imported goods, the pharmaceutical organizations performing their import, details of the external economic contracts and the name of the investment project based on which commodity importation is performed, and for release from taxation by import customs duties - also confirmation about accomplishment of the conditions established by the international legal acts constituting the regulatory legal base of the Customs union and the Common economic space and (or) the international treaties and acts constituting the right shall be in the specified prison

Eurasian Economic Union.

Concerning the goods imported with provision of the privileges determined in part one of this Item, and used for implementation of the investment project, restrictions on use and (or) the order with such goods are effective before end date of implementation of the investment project, but no more than five years from the date of the room of these goods under customs procedure of release for internal consumption.

In case of inappropriate use of the goods imported with provision of the privileges determined in part one of this Item, import customs duties and the value added tax are paid collected) according to the legislation.

The Ministry of Health informs the State Customs Committee and the Ministry of Taxes and Tax Collection on end date of implementation of investment projects according to appendix 2 to this Decree.

5. Provide in 2013-2015 to the pharmaceutical organizations from the republican budget at the expense of the means provided on financial assistance to legal entities and individual entrepreneurs, financial aid according to the directions and amounts of its use according to appendix 3.

6. Conditions of rendering the state support provided by this Decree, except for provisions of privileges on import customs duties and the value added tax levied by customs authorities according to item 4 of this Decree are achievement by the pharmaceutical organizations:

in 2012 indicators on profitability of the sales in the industry, to specific weight of the shipped innovative products in total amount of the shipped products established by the Presidential decree of the Republic of Belarus of December 23, 2011 No. 590 "About the most important parameters of the forecast of social and economic development of the Republic of Belarus for 2012" (The national register of legal acts of the Republic of Belarus, 2011, No. 144, 1/13160), and also ensuring terms of implementation of the investment projects called in appendices 1 and 2 to this Decree;

in 2013-2019 annually indicators on profitability of sales in the industry in the amount of 6-7 percent and on growth rates of labor productivity on value added in the amount of 107-108 percent.

In case of failure to carry out by the pharmaceutical organizations following the results of calendar year in which measures of the state support were applied of conditions provided in part one of this Item, the amounts in sizes of means of the state support given in calendar year following the results of which these conditions are not satisfied are subject to payment (collection) in the budget.

7. Confer the personal responsibility for accomplishment in 2012-2019 of the conditions of rendering the state support determined in Item 6 of this Decree, target use of means of the state support provided according to Items 2 and 5 of this Decree, ensuring terms of implementation of the investment projects called in appendix 2 to this Decree on heads of the pharmaceutical organizations, the Minister of Health, the Chairman of Presidium of National academy of Sciences of Belarus, chairmen of the Minsk city and regional executive committees, the Deputy prime minister of the Republic of Belarus under whose authority questions of activities of pharmaceutical industry are.

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