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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of July 20, 2012 No. 322

About some questions of production organization of rail and urban passenger electric transport

(as amended on 21-12-2015)

For the purpose of creation of conditions for the organization in the Republic of Belarus I decide productions of rail and urban passenger electric transport:

1. Enable in 2012-2016 the realization of the investment project of production organization of rail and urban passenger electric transport (further - the investment project) by step-by-step carrying out design and exploration work, construction and commissioning of the plant on production of rail and urban passenger electric transport (further - the plant) and objects of engineering and transport infrastructure to it.

2. Take into consideration that:

the realization of the investment project is enabled by the company for production of rail and urban passenger electric transport (further - the company) in which the investor - the Stadler Rail AG company (the Swiss Confederation) (further - the investor) by introduction of money deposit acquires share in authorized fund (share), to the corresponding 60 percent of its size;

the company acts as the customer on designing and construction of the plant and objects of engineering and transport infrastructure to it.

3. Determine that:

3.1. the construction of the plant and objects of engineering and transport infrastructure to it is performed:

3.1.1. with the right of removal, change of objects of flora without carrying out compensation landings and without implementation of the compensation payments of cost deleted, the replaced flora objects.

At the same time the wood received as a result of removal of objects of flora is implemented in the procedure established by the legislation;

3.1.2. without compensation of the losses of agricultural and (or) forestry and landscape production caused by seizure of land from the farmlands, lands of forest fund for their use for the purpose of which are not connected with maintaining rural and (or) forestry;

3.1.3. without indemnification, the parcels of land caused to land users by withdrawal at them, and also other expenses caused by withdrawal and (or) provision of the parcels of land, except for development costs of the project of withdrawal of the parcels of land, establishment of their borders on areas, state registration of the rights and restrictions (encumbrances) of the rights to them;

3.1.4. step by step in parallel with development, examination and approval in accordance with the established procedure the necessary project documentation on each of stages of works on construction;

3.2. approval of the President of the Republic of Belarus of the location of the parcels of land for construction of the plant and objects of engineering and transport infrastructure to it in case of need withdrawals and provisions of such sites from farmlands of agricultural purpose is not required;

3.3. prior to the beginning of construction of the plant and objects of engineering and transport infrastructure to it on the occupied parcels of land removal of fertile layer of earth with its use for the needs connected with construction of these objects, and other needs in coordination with the Dzerzhinsk district executive committee is performed;

3.4. registration of materials on withdrawal of the parcels of land to the company is made along with performance of works on construction of the plant and objects of engineering and transport infrastructure to it;

3.5. on the basis of negotiations without carrying out the contract biddings:

3.5.1. the customer to him (further - the customer) determines by designing and construction of the plant and objects of engineering and transport infrastructure general project, general contract, engineering and other organizations attracted to designing and construction of the plant and objects of engineering and transport infrastructure to it, and the general project organization and general contract organization determine on the same conditions respectively project and contract organizations;

3.5.2. the customer, the general project organization and other project organizations, general contract organization and other contract organizations, the engineering organization, other organizations participating in implementation of the investment project sign agreements (contracts) for construction of facilities of the real estate as a part of the plant and objects of engineering and transport infrastructure to it, performance of works, rendering services and delivery of goods for construction and equipment of such objects;

3.6. financing of works on designing and construction of facilities of engineering and transport infrastructure to the plant (siding from railway station, network electro-, gazo-and water supply, the sewerage, communication, TV and radiofications) to border of the parcel of land asked for construction and operation of the plant is made by budget funds of the Minsk region;

3.7. according to the agreements in foreign trade signed for implementation of the investment project, the company shall provide completion of each foreign trade transaction in full in time no later than 180 calendar days from date of payment;

3.8.  No. 507 is excluded according to the Presidential decree of the Republic of Belarus of 21.12.2015

3.9. for office use;

3.10. the status of Authorized Economic Operator is given to the company in case of implementation of foreign trade activity by it within one year about day of the appeal to the State Customs Committee with the statement for assignment of the status of Authorized Economic Operator and in case of observance of other conditions established by legal acts of the Republic of Belarus by it.

4. Exempt the company:

4.1. till December 31, 2020 from:

the rent for the parcels of land which are in state-owned property provided according to subitem 5.2 of Item 5 and subitem 6.3 of Item 6 of this Decree;

need of receipt of permission of National Bank when carrying out payment (payments) for benefit of the nonresident from the account opened in bank of the Republic of Belarus on the foreign trade transactions performed within the agreement in foreign trade providing commodity import for the purpose of implementation in the territory of the Republic of Belarus of production of rail and urban passenger electric transport before date of the termination by the nonresident of the obligations to the importer on delivery of goods, transfer of the protected information, exclusive rights on results of intellectual activities, to performance of works, rendering services;

4.2. in 2012-2016 from the tax discharge on value added, levied by customs authorities, for the goods imported by it for the purpose of implementation in the territory of the Republic of Belarus productions of trolleybuses, buses with hybrid power units, trams.

The basis for exemption of the value added tax according to part one of this subitem is the conclusion of the Minsk regional executive committee, confirmatory that imported goods are intended for implementation in the territory of the Republic of Belarus of production of trolleybuses, buses with hybrid power units, trams, and containing data on the name of the company, its accounting number of the payer, the name, quantity and cost of imported goods, and also details of the external economic agreements based on which import of such goods is performed.

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