PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of July 17, 2014 No. 350

About features of delivery of agricultural products for republican state needs

For the purpose of ensuring food security of the republic:

1. Determine that:

1.1. deliveries of agricultural products for republican state needs are performed based on delivery agreements of goods (agricultural products) for the republican state needs concluded if other is not established by the President of the Republic of Belarus:

the supplier - the producer of agricultural products determined by the decision of regional executive committee or by its order the decision of district executive committee (further - the supplier), with the supplier - person conducting procurement of such products if other is not determined by this Decree determined by the decision of the state customer of agricultural products for republican state needs * (further - the supplier). The state customer of agricultural products for republican state needs based on the offer of regional executive committee can determine the supplier person which is not performing conversion of agricultural products;

based on the notice in writing on attachment of the supplier to the supplier issued to the supplier no later than February 1 of year in which it is grown up the purchased agricultural products (are made), except for the case specified in part two of this subitem, regional executive committee or according to its order by district executive committee according to the decisions on determination of the supplier and the supplier specified in the paragraph the second this subitem, and containing full name of the supplier and supplier, the name and quantity of agricultural products, year in which it is grown up the purchased agricultural products (are made). The form of the notice on attachment of the supplier to the supplier is determined by regional executive committees;

no later than April 1 of year in which it is grown up the purchased agricultural products, except for the case specified in part two of this subitem, the effective period which is not exceeding this calendar year, and regarding the obligation about payment of the accepted agricultural products - before complete obligation fulfillment (are made);

Delivery agreements of goods (agricultural products) for republican state needs can be signed after April 1 based on the notice in writing on attachment of the supplier to the supplier issued later February 1 in case of the agreement cancelation of delivery of goods (agricultural products) for republican state needs concluded till April 1 in connection with essential change of circumstances from which the parties proceeded in case of its conclusion.

The decision on determination of the producer of agricultural products by the supplier for the purpose of the conclusion of the delivery agreement of goods (agricultural products) for republican state needs in the case specified in part two of this subitem is accepted by regional executive committee or according to its order district executive committee on condition of availability of the prior written consent of such producer on determination by his supplier.

Change of terms of the contract of delivery of goods (agricultural products) for the republican state needs determining amount of the purchased agricultural products is performed by the parties after introduction by regional executive committee or according to its order district executive committee from written consent of the supplier in the notice on attachment of such supplier to the supplier of the change providing increase in amount of the purchased agricultural products;

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* For the purposes of this Decree the state customers of agricultural products for republican state needs are understood as the republican state bodies, other state organizations subordinated to the Government of the Republic of Belarus, determined by Council of Ministers of the Republic of Belarus in case of annual statement of structure of the state needs.

1.1-1. for supply activity of agricultural products for republican state needs by the decision of regional executive committee or the isolated structural division (branch) of the legal entity who is the supplier of these agricultural products can be determined by its order the decision of district executive committee the supplier according to the procedure of exception. At the same time delivery of agricultural products for republican state needs is drawn up by the reception receipt which form is determined by the supplier;

1.2. the essential term of the contract of delivery of goods (agricultural products) for republican state needs, in addition to called in the legislation as essential to the delivery agreement of goods for the state needs, the condition about advance payment (advance payment) of agricultural products in time no later than 60 days from the date of the conclusion of the agreement in the amount of at least 30 percent of its cost determined proceeding from the price of agricultural products established till April 1 of year in which it is grown up is the purchased agricultural products, (are made) by the state body authorized on its regulation according to the legislation if other is not established by the President of the Republic of Belarus. With the consent of the supplier the term of advance payment (advance payment) can exceed 60 days from the date of the conclusion of the delivery agreement for the state needs;

1.3. inclusion in the delivery agreement of goods (agricultural products) for republican state needs is not allowed:

elements of various agreements, including elements of agreements (statements) for offsetting of counter claims of the same kind;

obligations about acceptance by the supplier of the agricultural products which are not conforming to requirements of technical regulatory legal acts, obligatory for observance;

conditions about application by the supplier to the supplier of agricultural products of the allowances and discounts which are not provided by acts of the legislation transferred to it;

1.4. the standard form of the delivery agreement of goods (agricultural products) for republican state needs is determined by the Ministry of Agriculture and Food;

1.5. payment of the agricultural products accepted by the supplier within the duration of the agreement of delivery of goods (agricultural products) for republican state needs is made at the price established by the state body authorized on its regulation according to the legislation for calendar year in which it is grown up the purchased agricultural products (are made);

1.6. the rules about loan established by the Civil code of the Republic of Belarus do not extend to the advance payment amounts (advance payment) determined by the delivery agreement of goods (agricultural products) for republican state needs;

1.7. payment of the agricultural products delivered for republican state needs is performed by the supplier at the expense of own means, and also the credits, including soft credits with compensation of losses of resident banks of the Republic of Belarus (further - banks) at the expense of means of the republican budget in the sizes established by decisions of the President of the Republic of Belarus, and on the credits specified in part two of this subitem, in the amount of, determined in part two of this subitem.

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