Document from CIS Legislation database © 2003-2024 SojuzPravoInform LLC

PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of October 6, 2014 No. 466

About financing and construction of facilities of engineering infrastructure to metallurgical productions

(as amended on 31-12-2017)

For the purpose of timely providing with objects of engineering infrastructure of the productions created by open joint stock company "The Belarusian steel works - managing company of Belarusian Metallurgical Company holding, I decide:

1. Perform construction and commissioning:

1.1. in 2014 object "Production organization of high-quality rolled metal with construction of small-size and wire camp (3rd queue of construction). External electric utility service. VL-110 of kV "Zhlobin - Western - High-quality" with reconstruction of PS-330 of kV "Zhlobin - Western";

1.2. in 2015-2019 object "Production organization of high-quality rolled metal with construction of small-size and wire camp in JSC BMZ — Managing Company of Holding BMK. External electric utility service. PS-330 of kV, 110 kV".

2. Determine:

2.1. the Gomel republican unitary enterprise of power industry Gomelyenergo (further - RUP "Gomelyenergo") the customer on:

to equipment procurement and asset construction, Item 1 of this Decree provided in subitem 1.1;

to designing and asset construction, Item 1 of this Decree provided in subitem 1.2;

2.2. the research and design and survey republican unitary enterprise "Belenergosetproyekt" the general project organization for accomplishment of cameral tracing and designing of the object provided in subitem 1.2 of Item 1 of this Decree.

3. Determine that:

3.1. financing of the asset construction provided in subitem 1.1 of Item 1 of this Decree and also accomplishment of design and exploration work on the object provided in subitem 1.2 of Item 1 of this Decree in 2014 is performed at the expense of own means of RUP "Gomelyenergo";

3.2. financing of the designing and asset construction provided in subitem 1.2 of Item 1 of this Decree in 2015-2019 is performed at the expense of the attracted RUP "Gomelyenergo" of credits to the amount to 30 million US dollars in equivalent with the term of their repayment up to seven years.

The rate per hundred on the attracted loans shall not exceed:

in Belarusian rubles - the refunding rate of National Bank increased by 4 percent points;

in foreign currency - 10 annual interest rates;

3.3. for construction of facilities, provided in Item 1 of this Decree, RUP "Gomelyenergo" is determined general contract organization and other organizations on the basis of negotiations without carrying out the contract biddings;

3.4. construction of facilities, provided in Item 1 of this Decree, is performed step by step in parallel with development, conducting examination and approval in accordance with the established procedure of the necessary project documentation on each of stages of works on construction of these objects with simultaneous designing of the subsequent stages of the specified works;

3.5. withdrawal and provision of the parcels of land for construction of facilities provided in Item 1 of this Decree is performed according to the procedure, established for withdrawal and provision of the parcels of land for the state needs. Execution in accordance with the established procedure of documents on withdrawal of the parcels of land of RUP "Gomelyenergo" is performed along with performance of works on construction of these objects;

3.6. approval of the President of the Republic of Belarus of the location of the parcels of land for construction of facilities provided in Item 1 of this Decree, in case of need withdrawals and provisions of such sites from farmlands of agricultural purpose, forest lands of forest fund (the nature protection, recreational and improving and protective woods) is not required;

3.7. construction of facilities, provided in Item 1 of this Decree, is made with the right of removal, change of objects of flora without implementation of the compensation landings and compensation payments of cost deleted, the replaced flora objects. The wood received at the same time is implemented in the procedure established by the legislation;

3.8. prior to construction of facilities, provided in Item 1 of this Decree, on the occupied parcels of land removal of fertile layer of earth with its use for the needs connected with construction of these objects is performed;

3.9. by open joint stock company "The Belarusian steel works - the managing company of Belarusian Metallurgical Company holding (further - JSC BMZ — Managing Company of Holding BMK) is performed compensation of RUP "Gomelyenergo" of 50 percent of the funds allocated for repayment of principal debt on the loans attracted according to subitem 3.2 of this Item.

Compensation of means on the attracted loans is made by monthly equal payments from February, 2022 to December, 2023;

3.10. compensation in 2015-2022 by RUP "Gomelyenergo" of interest for using the loans attracted according to subitem 3.2 of this Item is made at the expense of the means of the republican budget provided on fuel and power in the amount of 100 percent of rate on them.

Compensation of percent on the loans attracted in foreign currency is made in Belarusian rubles at the rate of National Bank on payment date of percent;

3.11. the amounts of the means received by RUP "Gomelyenergo" as compensation according to part one of subitem 3.9 of this Item in case of calculation of the income tax are not included the non-operating incomes considered in case of the taxation and are not considered in case of calculation of part of profit (income) according to the Presidential decree of the Republic of Belarus from December 28, 2005 No. 637 "About procedure for calculation in the budget of part of profit of the state unitary enterprises, the national associations which are the commercial organizations and also the income from the shares (share in authorized funds) of economic societies which are in republican and utility property and about formation of the state trust budget fund of national development" (The national register of legal acts of the Republic of Belarus, 2006, No. 4, 1/7075);

3.12. the amounts of the means transferred to JSC BMZ — Managing Company of Holding BMK as compensation according to part one of subitem 3.9 of this Item in case of calculation of the income tax are included the non-operating expenses considered in case of the taxation and are considered in case of calculation of part of profit (income) according to the Presidential decree of the Republic of Belarus from December 28, 2005 No. 637.

4. Exempt RUP "Gomelyenergo" from:

the land tax for the parcels of land provided for construction of facilities, provided in Item 1 of this Decree, from the 1st following after month in which such sites, till December 31 of the year following after year in which the construction of these objects is complete are provided;

compensations of the losses of agricultural and (or) forestry and landscape production caused by withdrawal or temporary occupation of farmlands, lands of forest fund, when constructing facilities, provided in Item 1 of this Decree.

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

5.1. when forming the republican budget for 2015-2022 to provide funds for compensation of interest for using the loans attracted according to subitem 3.2 of Item 3 of this Decree;

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