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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of July 19, 2016 No. 563

About measures for implementation of the Decree of the President of the Republic of Belarus of August 6, 2009 No. 10

(as amended on 25-03-2022)

According to the Decree of the President of the Republic of Belarus of November 12, 2015 "About modification and amendments in the Decree of the President of the Republic of Belarus" the Council of Ministers of the Republic of Belarus DECIDES: No. 8

1. Approve:

Regulations on procedure for the conclusion, change and termination of investment contracts between the investor (investors) and the Republic of Belarus (are applied);

The regulations on tender at the choice of the investor (investors) for the conclusion of the investment contract between the investor (investors) and the Republic of Belarus (are applied);

The regulations on procedure for maintaining the State register of investment contracts with the Republic of Belarus (are applied);

The regulations on procedure for coordination of the inventory (works, services), the property rights acquired in the territory of the Republic of Belarus (imported on the territory of the Republic of Belarus) and used for construction, equipment of the objects provided by the investment contract between the investor (investors) and the Republic of Belarus (are applied);

The regulations on procedure for compensation, release from compensation, provision of payment by installments (delay) of compensation to the Republic of Belarus and its administrative and territorial units of the amounts of privileges and (or) preferences, exemptions, provisions of payment by installments (delay) of payment of the penalty (penalty, penalty fee) provided by the investment contract between the investor (investors) and the Republic of Belarus (are applied).

2. Grant to the following republican state bodies the right to explain questions of application of the Decree of the President of the Republic of Belarus of August 6, 2009 10 "About creation of additional terms for implementation of investments in the Republic of Belarus" and this resolution:

To the Ministry of Economics – regarding questions of the conclusion, change, termination of investment contracts between the investor (investors) and the Republic of Belarus (further – investment agreements), maintaining the State register of investment contracts with the Republic of Belarus, carrying out tender at the choice of the investor (investors) for the conclusion of the investment agreement, compensation, release from compensation, provision of payment by installments (delay) of compensation to the Republic of Belarus and its administrative and territorial units of the amounts of privileges and (or) preferences, exemptions, provisions of payment by installments (delay) of payment of the penalty (penalty, penalty fee) provided by the investment agreement;

To the State Customs Committee – regarding the questions relating to the sphere of customs regulation;

To the Ministry of Taxes and Tax Collection – regarding the questions relating to the sphere of the taxation;

To the state committee on property – regarding the questions relating to the sphere of land relations, and also procedure for sale of not preserved object which is not finished by construction from the public biddings;

To the Ministry of Architecture – regarding the questions relating to the sphere of architectural and construction activities;

To the Ministry of Natural Resources and Environmental Protection – regarding questions of environmental protection and rational use of natural resources.

3. The republican state bodies, other state organizations subordinated to the Government of the Republic of Belarus, Administration of the President of the Republic of Belarus regional (The Minsk city) the executive committees which signed investment contracts quarterly to the 20th following the accounting period provide in the Ministry of Economics information on the course of implementation of investment projects within investment agreements and accomplishment of conditions of investment agreements by the parties.

4. The Ministry of Economics quarterly to the 30th following the accounting period sends to Council of Ministers of the Republic of Belarus, the State Control Committee, the State Customs Committee information on the course of implementation of investment projects within investment agreements and accomplishment of conditions of investment agreements by the parties.

5. Determine that action of the paragraph of the nineteenth of part one of Item 6 of the Regulations on procedure for maintaining the State register of investment contracts with the Republic of Belarus approved by this resolution extends to investment agreements, the decision on which termination is made not earlier than May 15, 2016.

6. Bring in the resolution of Council of Ministers of the Republic of Belarus of February 19, 2014 No. 149 "About approval of the Regulations on procedure for confirmation of conditions for application of release from import customs duties and (or) the value added tax concerning imported (imported) processing equipment, accessories and spare parts to it and (or) raw materials and materials, and also modification and amendments into resolutions of Council of Ministers of the Republic of Belarus of August 6, 2011 No. 1058 and of February 17, 2012 No. 156" (The national legal Internet portal of the Republic of Belarus, 26.02.2014, 5/38471) the following changes:

6.1. in Item 2 of the word of "the organization in accordance with the established procedure created in the Republic of Belarus by this investor or with its participation" shall be replaced with words "the organization created by the investor (investors) or the organizations concerning which the investor (investors) has opportunity to determine the decisions made by it by the bases established by the legislation";

6.2. in Regulations on procedure for confirmation of conditions for application of release from import customs duties and (or) the value added tax concerning imported (imported) processing equipment, accessories and spare parts to it and (or) raw materials and materials, approved by this resolution:

third of Item 1 to state part in the following edition:

"Confirmation of conditions for application of release from import customs duties and (or) the value added tax is performed by issue:

the conclusion confirming appointment of the imported (imported) processing equipment, accessories and spare parts to it for exclusive use in the territory of the Republic of Belarus for the purpose of implementation of the investment project, and also accomplishment of the conditions established by the international legal acts constituting the regulatory legal base of the Customs union and the Common economic space and (or) the acts constituting the right of the Eurasian Economic Union (further - the conclusion about coordination of the list of processing equipment), in form according to appendix 1;

the conclusion confirming appointment of the imported (imported) raw materials and materials for exclusive use in the territory of the Republic of Belarus for the purpose of implementation of the investment project, and also accomplishment of the conditions established by the international legal acts constituting the regulatory legal base of the Customs union and the Common economic space and (or) the acts constituting the right of the Eurasian Economic Union (further - the conclusion about coordination of the list of raw materials and materials), in form according to appendix 2.";

in the paragraph the second Item 8 of the word of "the organization in accordance with the established procedure created in the Republic of Belarus by the investor or with its participation" shall be replaced with words "the organization created by the investor (investors) or the organizations concerning which the investor (investors) has opportunity to determine the decisions made by it by the bases established by the legislation";

paragraphs two and third to state to part two of Item 10 in the following edition:

"the register of data of the issued conclusions confirming appointment of the imported (imported) processing equipment, accessories and spare parts to it for exclusive use in the territory of the Republic of Belarus for the purpose of implementation of the investment project, and also accomplishment of the conditions established by the international legal acts constituting the regulatory legal base of the Customs union and the Common economic space and (or) the acts constituting the right of the Eurasian Economic Union in form according to appendix 3;

the register of data of the issued conclusions confirming appointment of the imported (imported) raw materials and materials for exclusive use in the territory of the Republic of Belarus for the purpose of implementation of the investment project, and also accomplishment of the conditions established by the international legal acts constituting the regulatory legal base of the Customs union and the Common economic space and (or) the acts constituting the right of the Eurasian Economic Union in form according to appendix 4.";

in appendix 1 to this Provision:

to state the name of form in the following edition:

"The conclusion confirming appointment of the imported (imported) processing equipment, accessories and spare parts to it for exclusive use in the territory of the Republic of Belarus for the purpose of implementation of the investment project, and also accomplishment of the conditions established by the international legal acts constituting the regulatory legal base of the Customs union and the Common economic space and (or) the acts constituting the right of the Eurasian Economic Union";

to be reworded as follows appendix to the conclusion about coordination of the list of processing equipment, the accessories and spare parts to it imported (imported) for exclusive use in the territory of the Republic of Belarus for the purpose of implementation of the investment project corresponding to priority type of activity (the sector of economy) it (is applied);

in appendix 2 to this Provision:

to state the name of form in the following edition:

"The conclusion confirming appointment of the imported (imported) raw materials and materials for exclusive use in the territory of the Republic of Belarus for the purpose of implementation of the investment project, and also accomplishment of the conditions established by the international legal acts constituting the regulatory legal base of the Customs union and the Common economic space and (or) the acts constituting the right of the Eurasian Economic Union";

to be reworded as follows appendix to the conclusion about coordination of the list of raw materials and the materials imported (imported) for exclusive use in the territory of the Republic of Belarus for the purpose of implementation of the investment project corresponding to priority type of activity (the sector of economy) it (is applied);

to state the name of form in annex 3 to this Provision in the following edition:

"The register of the data issued _____________________________________

                                        (the name of the interested body)

the conclusions confirming appointment of the imported (imported) processing equipment, accessories and spare parts to it for exclusive use in the territory of the Republic of Belarus for the purpose of implementation of the investment project, and also accomplishment of the conditions established by the international legal acts constituting the regulatory legal base of the Customs union and the Common economic space and (or) the acts constituting the right of the Eurasian Economic Union";

to state the name of form in annex 4 to this Provision in the following edition:

"The register of the data issued ____________________________________

                                            (the name of the interested body)

the conclusions confirming appointment of the imported (imported) raw materials and materials for exclusive use in the territory of the Republic of Belarus for the purpose of implementation of the investment project, and also accomplishment of the conditions established by the international legal acts constituting the regulatory legal base of the Customs union and the Common economic space and (or) the acts constituting the right of the Eurasian Economic Union".

7. Ceased to be valid according to the Resolution of Council of Ministers of the Republic of Belarus of 25.03.2022 No. 175

8. Recognize invalid:

the resolution of Council of Ministers of the Republic of Belarus of August 6, 2011 No. 1058 "About measures for implementation of the Decree of the President of the Republic of Belarus of June 6, 2011 No. 4" (The national register of legal acts of the Republic of Belarus, 2011, No. 91, 5/34272);

the resolution of Council of Ministers of the Republic of Belarus of August 30, 2013 No. 774 "About introduction of amendments and changes in Regulations on procedure for the conclusion, change, termination of investment contracts with the Republic of Belarus" (The national legal Internet portal of the Republic of Belarus, 05.09. 2013, 5/37756);

item 4 of the resolution of Council of Ministers of the Republic of Belarus of February 19, 2014 No. 149 "About approval of the Regulations on procedure for confirmation of conditions for application of release from import customs duties and (or) the value added tax concerning imported (imported) processing equipment, accessories and spare parts to it and (or) raw materials and materials, and also modification and amendments into resolutions of Council of Ministers of the Republic of Belarus of August 6, 2011 No. 1058 and of February 17, 2012 No. 156" (The national legal Internet portal of the Republic of Belarus, 26.02.2014, 5/38471).

9. To the republican state bodies, other state organizations subordinated to the Government of the Republic of Belarus, Administration of the President of the Republic of Belarus regional (To the Minsk city) to the executive committees which signed investment contracts to take measures for implementation of this resolution.

10. This resolution becomes effective after its official publication.

Prime Minister of the Republic of Belarus

A. Kobyakov

Appendix

to the Conclusion confirming appointment of the imported (imported) processing equipment, accessories and spare parts to it for exclusive use in the territory of the Republic of Belarus for the purpose of implementation of the investment project, and also accomplishment of the conditions established by the international legal acts constituting the regulatory legal base of the Customs union and the Common economic space and (or) the acts constituting the right of the Eurasian Economic Union

(in edition of the Resolution of Council of Ministers of the Republic of Belarus of July 19, 2016 No. 563)

Form

The specification to the conclusion
from ___ ___________ 20 __ No. ___________,
confirming appointment of the imported (imported) processing equipment, accessories and spare parts to it for exclusive use in the territory of the Republic of Belarus for the purpose of implementation of the investment project, and also accomplishment of the conditions established by the international legal acts constituting the regulatory legal base of the Customs union and the Common economic space and (or) the acts constituting the right of the Eurasian Economic Union

The name of processing equipment, and (or) completing, and (or) spare parts to it

Goods quantity

Unit of measure

Goods cost in the currency specified in the agreement (contract)

The currency specified in the agreement (contract)

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