PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of October 15, 2015 No. 422

About submission of information to tax authorities of foreign states

For the purpose of creation of conditions for informing tax authorities of foreign states with which the Republic of Belarus signs the international contracts on improvement of observance of the international tax rules:

1. Determine that:

1.1. for the purposes of this Decree terms and their determinations are used in the following values:

the account holder (the client under the agreement) - the foreign organization or the foreign physical person having open accounts, the signed contracts in financial institutions of the Republic of Belarus;

the agreement - conforming to the requirements determined by the agreement, and concluded (concluded) by financial institution of the Republic of Belarus with the organization or physical person or in their advantage bank deposit agreement (deposit), the agreement of the current (settlement) bank account, the depositary agreement, the agreement of the voluntary insurance relating to life insurance or other agreement, submission of information concerning which is provided by the agreement;

the foreign organization - the organization created according to the legislation of foreign state or the other person who is not the foreign physical person concerning which the agreement provides submission of information on accounts (agreements);

foreign state - the state in which the legislation on tax control of accounts in financial institutions of foreign states is effective and with which the Republic of Belarus signs the agreement;

the foreign physical person - the citizen (subject) foreign state and (or) physical person - the tax resident of foreign state concerning which the agreement provides submission of information on accounts (agreements);

information on accounts (agreements) - information, including the component the bank and (or) protected by legal acts other secret represented by financial institutions of the Republic of Belarus to tax authorities of foreign state through the Ministry of Taxes and Tax Collection for the purpose of accomplishment of agreement obligations, containing the data provided by the agreement including the identification information about account holders (clients under agreements), data on the accounts (the signed agreements), remaining balance of means on them opened by them, total amount of the income (payments) for each of them;

the client - the organization or physical person having open accounts, the signed contracts in financial institutions of the Republic of Belarus;

the agreement - the interstate or intergovernmental agreement of the Republic of Belarus providing representation to tax authorities of foreign state of information on accounts (agreements) for the purpose of improvement of observance of the international tax rules and implementation of the legislation of such foreign state on tax control of accounts in financial institutions of foreign states;

the account - conforming to the requirements determined by the agreement, the bank account, the non-bank credit and financial organization of the Republic of Belarus, "Development Bank of the Republic of Belarus" open joint stock company the account of "depot" in depositary of the Republic of Belarus opened (opened) for the organization or physical person;

financial institutions of the Republic of Belarus - banks, the non-bank credit and financial organizations, "Development Bank of the Republic of Belarus" open joint stock company, professional participants of the security market, the insurance companies performing the types of voluntary insurance relating to life insurance;

1.2. for the purpose of forming of information on accounts (agreements) and accomplishment of agreement obligations financial institutions of the Republic of Belarus in the procedure established by them:

inform the organizations and the physical persons who addressed for opening of the account (the conclusion of the agreement), on need to fill the Republic of Belarus established by financial institutions and (or) the document forms specified in the agreement (further - the established forms) for their identification for the purpose of verification of the status of the foreign organization or the foreign physical person and on the consequences of refusal of filling of the established forms specified in the paragraph the second to part one of subitem 1.4 of this Item;

inform clients on need to fill the established forms for the purpose of establishment of account holders among them (clients under agreements) and about the consequences of refusal of filling of these forms specified in paragraph three of part one of subitem 1.4 of this Item;

if the financial institution of the Republic of Belarus has documentary confirmed bases to consider that clients are the foreign organizations or foreign physical persons, request from such clients the documents and information necessary for accomplishment of agreement obligations, and inform them on the consequences of refusal of submission of these documents specified in paragraph three of part one of subitem 1.4 of this Item and information;

inform account holders (clients under agreements) on submission of information on accounts (agreements) determined by the agreement to tax authorities of foreign state;

request the consent of account holders (clients under agreements) on submission of information on accounts (agreements) determined by the agreement to tax authorities of foreign state (further - consent to submission of information) which is drawn up in the form of their written application, and inform on the consequences of refusal of consent specified in paragraph four of part one of subitem 1.4 of this Item on submission of information;

perform other actions provided by the agreement;

1.3. financial institutions of the Republic of Belarus annually till September 1 represent to the Ministry of Taxes and Tax Collection for the subsequent direction in tax authorities of foreign state information on accounts (agreements) for the previous calendar year in the format determined for the purposes of application of the agreement by tax authorities of foreign state.

In case of refusal of the account holder (the client under the agreement) in consent on submission of information (non-presentation of such consent within 60 working days following behind day of request) financial institutions of the Republic of Belarus represent data on quantity belonging to the account holder (to the client under the agreement) the accounts (agreements), to total amount on them, and also in the cases established by the agreement about the amounts of the income paid concerning these accounts (agreements).

If it is provided by the agreement, in case of obtaining through the Ministry of Taxes and Tax Collection of the written request of tax authorities of foreign state and (or) notification on the revealed mistakes in earlier directed information on accounts (agreements) financial institutions of the Republic of Belarus represent to the Ministry of Taxes and Tax Collection within 30 calendar days after receipt of such request or in other time specified in it for the subsequent direction in tax authorities of foreign state information on accounts (agreements) which is in addition requested by them or specified;

1.4. financial institutions of the Republic of Belarus have the right:

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