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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of July 17, 2015 No. 326

About creation and activities of holding for production of alcoholic products

For the purpose of creation of holding on production of alcoholic products and conditions for its effective functioning I decide:

1. Bring till September 1, 2015 in the form of non-cash contribution to authorized capital of MINSK CRYSTAL open joint stock company the Republic of Belarus which is in property of the share of open joint stock companies according to appendix at book value for October 1, 2014 calculated in the procedure established by the legislation for the purpose of creation of holding on production of alcoholic products (further - holding) with managing company - MINSK CRYSTAL open joint stock company (further - managing company) with preserving behind the organizations called in appendix to this Decree, former form of business.

2. Determine that:

2.1. the requirements provided in Item 1 of article 17 of the Law of the Republic of Belarus of December 12, 2013 "About counteraction of monopolistic activities and development of the competition" do not extend to creation of holding (The national legal Internet portal of the Republic of Belarus, 19.12. 2013, 2/2092);

2.2. the organizations called in appendix to this Decree are granted the right to production of cognacs, brandy and cognac drinks without the restrictions set in part two of Item 1 of article 5 of the Law of the Republic of Belarus of August 27, 2008 "About state regulation of production and turnover of alcoholic, non-food alcohol-containing products and non-food ethyl alcohol" (The national register of legal acts of the Republic of Belarus, 2008, No. 212, 2/1526);

2.3. the managing company, the organizations called in appendix to this Decree and also the organizations created based on their property and which are part of holding (further - the organizations which are part of holding), have the right to the license for implementation of wholesale trade and storage of alcoholic, non-food alcohol-containing products and non-food ethyl alcohol without requirements to availability of the period of implementation of wholesale trade (irrespective of goods type) in the territory of the Republic of Belarus and share of the state in authorized capitals of the organizations which are part of holding;

2.4. in case of realization by the organizations which are part of holding, the right to determination of the moment of the actual realization (transfer) of excise goods in process of their payment provided by the Presidential decree of the Republic of Belarus of October 8, 2014 No. 471 "About features of organization activity of alcoholic and brewing industries" (The national legal Internet portal of the Republic of Belarus, 10.10. 2014, 1/15335), in case of realization (transfer) of such goods to these organizations the moment of the actual realization (transfer) of excise goods is determined as the day of transfer of money falling on tax period into the account of the payer, and in case of realization of excise goods for cash money - as day of receipt of the specified money in cash desk of the payer, but no later than 90 days from the date of shipment (transfer) of excise goods;

2.5. action of the regulations provided in part thirteen of Item 12 of the Presidential decree of the Republic of Belarus of December 28, 2009 No. 660 "About some questions of creation and activities of holdings in the Republic of Belarus" extends to the organizations which are part of holding (The national register of legal acts of the Republic of Belarus, 2010, No. 3, 1/11254), without the condition established in paragraph five of this part;

2.6. concerning alcoholic products, including alcohol ethyl, received from food raw materials, are resolved making between the organizations which are part of holding, transactions of exchange and discharge by offsetting of alcoholic products, including the alcohol ethyl received from food raw materials on consumer packaging, corking means, the label, the counterlabel and kolyeretka, shipping package, pallets flat for forming of transport packets;

2.7. state regulation of the prices does not extend to the alcoholic products made by the organizations which are part of holding, and realized between them, including to alcohol ethyl, received from food raw materials. At the same time the realization of alcoholic products between these organizations is enabled at the price not below cost.

3. To Council of Ministers of the Republic of Belarus:

3.1. provide according to the procedure, established by the legislation, release of additional shares on the amount of increase in authorized capital of MINSK CRYSTAL open joint stock company according to Item 1 of this Decree and their acceptance in property of the Republic of Belarus;

3.2. following the results of the first half of the year 2016 to make the offer on need of prolongation of action of regulations of the Presidential decree of the Republic of Belarus of October 8, 2014 No. 471 for the organizations which are part of holding.

4. To impose control over the implementation of this Decree on the State Control Committee.

5. This Decree becomes effective after its official publication.

President of the Republic of Belarus

A. Lukashenko

Appendix

to the Presidential decree of the Republic of Belarus of July 17, 2015 No. 326

The list of open joint stock companies which shares are in property of the Republic of Belarus and are subject to introduction in the form of non-cash contribution to authorized capital of MINSK CRYSTAL open joint stock company

Name of open joint stock company

Number of shares, pieces

Par value per share, rubles

Book value of the share for  October 1, 2014, rubles

1. Open joint stock company "Brest alcoholic beverage plant "Belalko"

 209 074

  1 000 000

  1 187 923

2. Open joint stock company "Vitebsk alcoholic beverage plant "Pridvinye"

 110 767

  1 000 000

  1 413 968

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