(Unofficial translation)

 

Resolution of the Council of Ministers of the Republic of Belarus

No 891 of August 12, 2005
[Amended as of May 27, 2014]

 

On the Approval of Statutes of Administrations of Free Economic Zones, on Introducing of Changes into Resolutions of the Council of Ministers of the Republic of Belarus No.445 of April 8, 2002 and No.789 of June 17, 2002, and on Declaring Ineffective of Some Resolutions of the Government of the Republic of Belarus

 

With a view of implementation of the Edict of the President of the Republic of Belarus No. 262 of June 9, 2005 "On Some Matters of Activity of Free Economic Zones in the Territory of the Republic of Belarus", the Council of Ministers of the Republic of Belarus has decided:

1. To approve the annexed:

Statute of the State Institution ‘Administration of the free economic zone "Brest"‘;

Statute of the State Institution ‘Administration of the free economic zone "Vitebsk"‘;

Statute of the State Institution ‘Administration of the free economic zone "Gomel-Raton"‘;

Statute of the State Institution ‘Administration of the free economic zone "Grodnoinvest"‘;

Statute of the State Institution ‘Administration of the free economic zone "Minsk"‘;

Statute of the State Institution ‘Administration of the free economic zone "Mogilev"‘;

2. [Ineffective]

3. [Ineffective]

4. [Not given]

5. This Resolution enters into force from the day of entry into force of the Edict of the President of the Republic of Belarus No.262 of June 9, 2005 "On Some Matters of Activity of Free Economic Zones in the Territory of the Republic of Belarus".

 

Prime Minister of the Republic of Belarus

S.Sidorski

 

APPROVED Resolution of the Council of Ministers of the Republic of Belarus No. 891 of August 12, 2005

STATUTE
of the State Institution "Administration of the Free Economic Zone 'Brest'"

CHAPTER 1
GENERAL PROVISIONS

1. The State Institution "Administration of Free Economic Zone "Brest" (hereinafter – Institution) is the body of administration of the Free Economic Zone "Brest" (hereinafter – the FEZ "Brest") in accordance with Edict of the President of the Republic of Belarus No. 262 of June 9, 2005 "On Some Matters of Activity of Free Economic Zones in the Territory of the Republic of Belarus".  The Institution operates as legal person from August 13, 1996.

2. The Institution is established by the Government of the Republic of Belarus.

3. The Institution is a non-commercial organization and operates in accordance with the legislation of the Republic of Belarus and on the basis of this Statute.

4. In its activity, the Institution is accountable to the Government of the Republic of Belarus, and on issues concerning the implementation of programs of social and economic development of the Brest Region, the Institution is subordinated to the Brest Regional Executive Committee.

5. The name of the Institution in Russian:

Full name: государственное учреждение "Администрация свободной экономической зоны "Брест" (State Institution "Administration of "Brest" free economic zone");

Short name: администрация СЭЗ "Брест" (Administration of FEZ "Brest").

The name of the Institution in Belarusian:

Full name: дзяржаўная ўстанова "Адмiнiстрацыя свабоднай эканамiчнай зоны "Брэст";

Short name: адмiнiстрацыя СЭЗ "Брэст".

6. The location of the Institution:  224030, Brest, Kommunisticheskaya Street, 23

7. Powers of the owner of the property assigned to the Institution on the right of operative administration are exercised by the Government of the Republic of Belarus.

The Institution is a republican legal person, having a separate property, an independent balance sheet, settlement, foreign currency and other account in banks, a seal with the image of the State Emblem of the Republic of Belarus and with the name of the Institution, a stamp, letterheads, symbols and other attributes, acquires property and non-property rights, bears duties, may be plaintiff and defendant in the court.

The Institution is liable on its obligations within the limits of monetary funds at its disposal.

Upon insufficiency of monetary funds, the subsidiary liability for the obligations of the Institution is born by the owner of the property assigned to the Institution.

The Institution does not pursue the purpose of profit earning from its primary activity, but is entitled, in coordination with the Government of the Republic of Belarus, to be engaged in entrepreneurial activities in line with the purposes for which it was established and corresponding to the subject matter of its activity.

The Institution is entitled, on a voluntary basis, to become a member of unions (associations) of legal persons and of international organizations.  In doing so the Institution retains its independence and rights of a legal person. The Institution is entitled, in coordination with the Government of the Republic of Belarus, to operate as the founder of other legal persons.

CHAPTER 2
PURPOSES AND SUBJECT matter OF INSTITUTION ACTIVITIES

8. The Institution is created with the purposes of attraction of investments, creation of new jobs, introduction of high technologies, increasing of export potential.

9. The Institution:

takes part in development and implementation of programs of social and economic development of the Brest region and submits proposals for the preparation of local budget drafts;

jointly with the Brest Regional Executive Committee, organizes work on development of the FEZ "Brest" and implements its development programs;

submits proposal about preparation of normative legal acts on issues of the FEZ "Brest" functioning, including on improvement of its special legal regime;

advances the initiatives on changing boundaries of the FEZ "Brest", on prolongation of the term of its functioning;

acts as the principal on design planning and construction of industrial, engineering, transport and other infrastructure objects within the boundaries of the FEZ "Brest";

carries out advertising, informational activity in the Republic of Belarus and abroad with a view of providing information about conditions of investment and entrepreneurial activity in the FEZ "Brest" and attraction of foreign and national investors;

considers, in the established order, investment projects proposed for the implementation in the FEZ “Brest”;

carries out the state registration of legal persons and individual entrepreneurs in the FEZ “Brest”, with the exception of banks, non-bank credit and financial organizations, insurance organizations, insurance brokers, associations of insurers;

approves a sample contract on activity conditions in the FEZ “Brest” and the business plan form of the investment project being presented for the registration as the FEZ “Brest” resident;

concludes (prolongs) contracts on activity conditions in the FEZ “Brest” and exercises control over their fulfilment;

registers legal persons and individual entrepreneurs as residents in the FEZ “Brest” under the procedure established by the legislation on free economic zones;

receives from the FEZ “Brest” residents primary statistical data about their activities, established by the legislation and the contract on activity conditions in the FEZ “Brest”, and also other information connected with their activities as the FEZ “Brest” residents; 

represents interests of the FEZ “Brest” in relations with state bodies and other organizations;

in coordination with the Customs body, takes decision on determining the limits of the free customs zone (abolition of the free customs zone) for the FEZ “Brest” residents;

issues conclusions on results of implementation of the investment project of a resident of the FEZ “Brest” resident;

takes decisions on deprivation of FEZ “Brest” resident status;

seizes and allocates, under the established procedure, into lease to residents of free economic zones land plots within the boundaries of the FEZ "Brest", if necessary carries out, under the established procedure, transfer of land plots from one category into another, if such rights have been delegated to it by the Brest Regional Executive Committee and/or otherwise not provided for by the President of the Republic of Belarus;

in accordance with the legislation, disposes of property transferred to it into operative administration, including acting as lessor in relation to the mentioned property;

prepares draft regulations on the Development Fund of the Free Economic Zone “Brest” and, in accordance with the legislation disposes of means of that fund;

within its competence, assists the work of controlling and law-enforcing bodies of the Republic of Belarus;

carries out other powers specified by this Statute and other legislation.

CHAPTER 3
Management bodies

10. The Institution is headed by the Head of Administration.

The Head of Administration is appointed to the office and dismissed from office by the Government of the Republic of Belarus on representation of Brest Regional Executive Committee.

Deputy Heads of Administration are appointed by the Head of Administration in coordination with Brest Regional Executive Committee.

11. The Head of Administration:

directs the work of the Institution;

acts on the principle of the single authority;

issues orders and dispositions;

ensures execution of decisions of the Government of the Republic of Belarus;

distributes duties between deputy heads of the Administration, coordinates their activity;

without power of attorney, represents the Institution in its relations with republican bodies of state administration and local executive and administrative bodies;

concludes contracts (including labour contracts), issues powers of attorney;

opens and closes current (settlement) accounts in banks, makes operations with these accounts, signs financial documents;

ensures observance of financial discipline, protection of property interests and rights of the Institution;

makes use, under the established procedure, of the wages fund, property and funds of the Institution;

determines the structure of the Institution, approves the staff list of the Institution;

carries out hiring and dismissal of the Institution workers, including on the basis of labour contracts;

approves duty instructions of the Institution workers;

applies encouragements and disciplinary measures to the Institution workers;

ensures training, retraining, improvement of professional skills of the Institution workers;

takes necessary measures for prevention of occupational injuries, occupational and other diseases of workers;

ensures observance of the labour legislation of the Republic of Belarus;

signs certificates of the state registration of the economic entities, certificates of registration as  FEZ «Brest» residents and other documents within the limits of competence of the  FEZ "Brest" Administration;

exercises other powers provided by the legislation of the Republic of Belarus.

12. For  taking decisions within the limits of competence of the Institution, the Head of  Administration may create the Council of Administration. The composition and procedure of work of the Council of Administration are determined by the Head of Administration.

The Council of Administration acts permanently. The sittings of the Council are held as necessary, but at least once a quarter.

The Council of the FEZ “Brest” Administration includes the Head of the Administration, its deputies, chief accountant, heads of structural divisions of the FEZ “Brest” Administration.

The decisions of a sitting of the Council of the FEZ “Brest” Administration are taken by an open vote, by a simple majority of votes of present members of the Council, constituting at least 2/3 of its composition. When the votes have been distributed equally, the decision for which voted the chairperson of that sitting is deemed to be taken.

Invited representatives of the Brest Regional Executive Committee (Brest City Executive Committee), organizations, and other persons are entitled to attend sittings of the Council of the FEZ “Brest” Administration.

The organization of a sitting of the Council of the FEZ "Brest" Administration and drawing up of the protocol is ensured by the secretary to be appointed by the Head of the Administration.

The Council of the FEZ “Brest” Administration is entitled to take decisions on the issues of:

registration of legal persons and individual entrepreneurs as FEZ "Brest" residents;

deprivation of legal persons or individual entrepreneurs of the FEZ "Brest" resident status ”;

prolongation of contracts on activity conditions in the FEZ "Brest";

other issues of activity of  the FEZ "Brest" Administration and its residents.

CHAPTER 4
PROPERTY AND FUNDS OF THE INSTITUTION

13. The Institution exercises rights of possession, using and disposing with respect to the property assigned to it, within the limits established by the legislation of the Republic of Belarus, in accordance with the purposes of its activity, orders of the owner and the intended purpose of property.

The Institution is not entitled, without consent of the owner, to alienate or to dispose by another way of the property assigned to it or acquired at the expense of funds allocated to the Institution according to the estimate, with the exception of independently providing into lease by the Institution to FEZ "Brest" residents of the state property transferred to the Institution into operative administration.

The owner of the property assigned to the Institution is entitled to withdraw excessive property or property which is not used or not properly used, and to dispose of it at its own discretion.

14. The incomes received from entrepreneurial activity authorized by the Government of the Republic of Belarus and any property acquired at the expense of these incomes are receive into operative administration of the Institution and are used by the Institution in accordance with the legislation of the Republic of Belarus.

CHAPTER 5
TERMINATION OF ACTIVITIES OF THE INSTITUTION

15. The Institution may be liquidated according to the decision of the Government of the Republic of Belarus, court or registering body in the instances provided by the legislation of the Republic of Belarus.

16. The Institution is liquidated under the procedure established by the legislation of the Republic of Belarus.

17. The property of the Institution remained after the satisfaction of the claims of creditors, is transferred to its owner.

18. The Institution is considered liquidated from the date of entering a record about its liquidation into the Unified State Register of Legal Persons and Individual Entrepreneurs.

In the event of liquidation of the Institution, its workers are guaranteed the observance of the rights and legitimate interests according to the effective legislation of the Republic of Belarus.

 

 

APPROVED Resolution of the Council of Ministers of the Republic of Belarus 12.08.2005 № 891

STATUTE
of the State Institution ‘Administration of the Free Economic Zone "Vitebsk"‘

CHAPTER 1
GENERAL PROVISIONS

1. The State Institution "Administration of Free Economic Zone "Vitebsk" (hereinafter – Institution) is the body of administration of the Free Economic Zone "Vitebsk" (hereinafter – the FEZ "Vitebsk") in accordance with Edict of the President of the Republic of Belarus No. 262 of June 9, 2005 "On Some Matters of Activity of Free Economic Zones in the Territory of the Republic of Belarus". The Institution operates from October 6, 1999.

2. The Institution is established by the Government of the Republic of Belarus.

3. The Institution is a non-commercial organization and operates in accordance with the legislation of the Republic of Belarus and on the basis of this Statute.

4. In its activity, the Institution is accountable to the Government of the Republic of Belarus, and on issues concerning the implementation of programs of social and economic development of the Vitebsk Region, the Institution is subordinated to the Vitebsk Regional Executive Committee.

5. The name of the Institution in Russian:

Full name: государственное учреждение "Администрация свободной экономической зоны "Витебск" (State Institution "Administration of the Free economic zone ‘Vitebsk’");

Short name: администрация СЭЗ «Витебск» (Administration of the FEZ "Vitebsk").

The name of the Institution in Belarusian:

Full name: дзяржаўная ўстанова "Адмiнiстрацыя свабоднай эканамiчнай зоны "Віцебск";

Short name: адмiнiстрацыя СЭЗ «Віцебск».

6. The location of the Institution:  210605, Vitebsk, P.Brovki Street, 50.

7. Powers of the owner of the property assigned to the Institution on the right of operative administration are exercised by the Government of the Republic of Belarus.

The Institution is a republican legal person, having a separate property, an independent balance sheet, settlement, foreign currency and other account in banks, a seal with the image of the State Emblem of the Republic of Belarus and with the name of the Institution, a stamp, letterheads, symbols and other attributes, acquires property and non-property rights, bears duties, may be plaintiff and defendant in the court.

The Institution is liable on its obligations within the limits of monetary funds at its disposal.

Upon insufficiency of monetary funds, the subsidiary liability for the obligations of the Institution is born by the owner of the property assigned to the Institution.

The Institution does not pursue the purpose of profit earning from its primary activity, but is entitled, in coordination with the Government of the Republic of Belarus, to be engaged in entrepreneurial activities in line with the purposes for which it was established and corresponding to the subject matter of its activity.

The Institution is entitled, on a voluntary basis, to become a member of unions (associations) of legal persons and of international organizations.  In doing so the Institution retains its independence and rights of a legal person. The Institution is entitled, in coordination with the Government of the Republic of Belarus, to operate as the founder of other legal persons.

CHAPTER 2
PURPOSES AND SUBJECT matter OF INSTITUTION ACTIVITIES

8. The Institution is created with the purposes of attraction of investments, creation of new jobs, introduction of high technologies, increasing of export potential.

9. The Institution:

takes part in development and implementation of programs of social and economic development of the Vitebsk region and submits proposals for the preparation of local budget drafts;

jointly with the Vitebsk Regional Executive Committee, organizes work on development of the FEZ "Vitebsk" and implements its development programs;

submits proposal about preparation of normative legal acts on issues of the FEZ "Vitebsk " functioning, including on improvement of its special legal regime;

advances the initiatives on changing boundaries of the FEZ “Vitebsk ”, on prolongation of the term of its functioning;

acts as the principal on design planning and construction of industrial, engineering, transport and other infrastructure objects within the boundaries of the FEZ "Vitebsk ";

carries out advertising, informational activity in the Republic of Belarus and abroad with a view of providing information about conditions of investment and entrepreneurial activity in the FEZ "Vitebsk" and attraction of foreign and national investors;

considers, in the established order, investment projects proposed for the implementation in the FEZ “Vitebsk”;

carries out the state registration of legal persons and individual entrepreneurs in the FEZ “Vitebsk”, with the exception of banks, non-bank credit and financial organizations, insurance organizations, insurance brokers, associations of insurers;

approves a sample contract on activity conditions in the FEZ “Vitebsk” and the business plan form of the investment project being presented for the registration as the FEZ “Vitebsk” resident;

concludes (prolongs) contract on activity conditions in the FEZ “Vitebsk” and exercises control over their fulfilment;

registers legal persons and individual entrepreneurs as residents in the FEZ “Vitebsk” in the order established by the legislation on free economic zones;

receives from the FEZ “Vitebsk” residents primary statistical data about their activities, established by the legislation and the contract on activity conditions in the FEZ "Vitebsk", and also other information connected with their activities as the FEZ "Vitebsk" residents; 

represents interests of the FEZ "Vitebsk" in relations with state bodies and other organizations;

in agreement with the Customs body, takes decision on determining the limits of the free customs zone (abolition of the free customs zone) for the FEZ "Vitebsk" residents;

issues conclusions on results of implementation of the investment project of a resident of the FEZ "Vitebsk" resident;

takes decisions on deprivation of FEZ "Vitebsk" resident status;

seizes and allocates, in the established order, land plots within the boundaries of the FEZ "Vitebsk" for the rent to the residents of free economic zones, if necessary carries out, in the established order, transfer of land plots from one category into another, if such rights have been delegated to it by the Vitebsk Regional Executive Committee and/or otherwise not provided for by the President of the Republic of Belarus;

in accordance with the legislation, disposes of property transferred to it into operative administration, including acting as lessor in relation to the mentioned property;

prepares draft regulations on the Development Fund of the Free Economic Zone "Vitebsk" and, in accordance with the legislation, disposes of means of that fund;

within its competence, assists the work of controlling and law-enforcing bodies of the Republic of Belarus;

carries out other powers specified by this Statute and other legislation.

 

CHAPTER 3
Management bodies

10. The Institution is headed by the Head of Administration.

The Head of Administration is appointed to the office and dismissed from office by the Government of the Republic of Belarus on representation of the Vitebsk Regional Executive Committee.

Deputy Heads of Administration are appointed by the Head of Administration in coordination with Vitebsk Regional Executive Committee.

11. The Head of Administration:

directs the work of the Institution;

acts on the principle of the single authority;

issues orders and dispositions;

ensures execution of decisions of the Government of the Republic of Belarus;

distributes duties between deputy heads of the Administration, coordinates their activity;

without power of attorney, represents the Institution in its relations with republican bodies of state administration and local executive and administrative bodies;

concludes contracts (including labour contracts), issues powers of attorney;

opens and closes current (settlement) accounts in banks, makes operations with these accounts, signs financial documents;

ensures observance of financial discipline, protection of property interests and rights of the Institution;

makes use, under the established procedure, of the wages fund, property and funds of the Institution;

determines the structure of the Institution, approves the staff list of the Institution;

carries out hiring and dismissal of the Institution workers, including on the basis of labour contracts;

approves duty instructions of the Institution workers;

applies encouragements and disciplinary measures to the Institution workers;

ensures training, retraining, improvement of professional skills of the Institution workers;

takes necessary measures for prevention of occupational injuries, occupational and other diseases of workers;

ensures observance of the labour legislation of the Republic of Belarus;

signs certificates of the state registration of the economic entities, certificates of registration as FEZ "Vitebsk" residents and other documents within the limits of competence of the FEZ "Vitebsk" Administration;

exercises other powers provided by the legislation of the Republic of Belarus.

12. For taking decisions within the limits of competence of the Institution, the Head of Administration may create the Council of Administration. The composition and procedure of work of the Council of Administration are determined by the Head of Administration.

The Council of Administration acts permanently. The sittings of the Council are held as necessary, but at least once a quarter.

The Council of the FEZ "Vitebsk" Administration includes the Head of the Administration, its deputies, chief accountant, heads of structural division of the FEZ "Vitebsk" Administration.

The decisions of a sitting of the Council of the FEZ "Vitebsk" Administration are taken by an open vote, by a simple majority of votes of the members of the Council, constituting 2/3 of its composition. When the votes have been distributed equally, the decision for which voted the chairperson of that sitting is deemed to be taken.

Invited representatives of the Vitebsk Regional Executive Committee (Vitebsk City Executive Committee) or other persons are entitled to attend sittings of the Council of the FEZ "Vitebsk" Administration.

The organization of a sitting of the Council of the FEZ "Vitebsk" Administration and drawing up of the protocol is ensured by the secretary to be appointed by the Head of the Administration.

The Council of the FEZ “Vitebsk” Administration is entitled to take decisions on the issues of:

registration of legal persons and individual entrepreneurs as residents in the FEZ "Vitebsk";

deprivation of legal persons or individual entrepreneurs of the FEZ "Vitebsk" resident status;

prolongation of contracts on activity conditions in the FEZ :Vitebsk";

other issues of activity of the FEZ "Vitebsk" Administration and its residents.

CHAPTER 4
PROPERTY AND FUNDS OF THE INSTITUTION

13. The Institution exercises rights of possession, using and disposing with respect to the property assigned to it, within the limits established by the legislation of the Republic of Belarus, in accordance with the purposes of its activity, orders of the owner and the intended purpose of property.

The Institution is not entitled, without consent of the owner, to alienate or to dispose by another way of the property assigned to it or acquired at the expense of funds allocated to the Institution according to the estimate, with the exception of independently providing into lease by the Institution to FEZ "Vitebsk" residents of the state property transferred to the Institution into operative administration.

The owner of the property assigned to the Institution is entitled to withdraw excessive property or property which is not used or not properly used, and to dispose of it at its own discretion.

14. The incomes received from entrepreneurial activity authorized by the Government of the Republic of Belarus and any property acquired at the expense of these incomes are receive into operative administration of the Institution and are used by the Institution in accordance with the legislation of the Republic of Belarus.

CHAPTER 5
TERMINATION OF ACTIVITIES OF THE INSTITUTION

15. The Institution may be liquidated according to the decision of the Government of the Republic of Belarus, court or registering body in the instances provided by the legislation of the Republic of Belarus.

16. The Institution is liquidated under the procedure established by the legislation of the Republic of Belarus.

17. The property of the Institution remained after the satisfaction of the claims of creditors, is transferred to its owner.

18. The Institution is considered liquidated from the date of entering a record about its liquidation into the Unified State Register of Legal Persons and Individual Entrepreneurs.

In the event of liquidation of the Institution, its workers are guaranteed the observance of the rights and legitimate interests according to the effective legislation of the Republic of Belarus.

 

 

APPROVED Resolution of the Council of Ministers of the Republic of Belarus No. 891 of August 12, 2005

STATUTE
of the State Institution ‘Administration of the Free Economic Zone "Gomel-Raton"'

CHAPTER 1
GENERAL PROVISIONS

1. The State Institution "Administration of Free Economic Zone "Gomel-Raton" (hereinafter – Institution) is the body of administration of the Free Economic Zone "Gomel-Raton" (hereinafter – the FEZ "Gomel-Raton") in accordance with Edict of the President of the Republic of Belarus No. 262 of June 9, 2005 "On Some Matters of Activity of Free Economic Zones in the Territory of the Republic of Belarus".  The Institution operates as a legal person from May 15, 1999.

2. The Institution is established by the Government of the Republic of Belarus.

3. The Institution is a non-commercial organization and operates in accordance with the legislation of the Republic of Belarus and on the basis of this Statute.

4. In its activity, the Institution is accountable to the Government of the Republic of Belarus, and on issues concerning the implementation of programs of social and economic development of the Gomel Region, the Institution is subordinated to the Gomel Regional Executive Committee.

5. The name of the Institution in Russian:

Full name: the State Institution ‘Administration of the Free Economic Zone "Gomel-Raton"‘;

Short name: администрация СЭЗ «Гомель-Ратон» (Administration of the FEZ "Gomel-Raton").

The name of the Institution in Belarusian:

Full name: дзяржаўная ўстанова "Адмiнiстрацыя свабоднай эканамiчнай зоны «Гомель-Ратон»;

Short name: администрация СЭЗ «Гомель-Ратон» (Administration of the FEZ "Gomel-Raton").

6. The location of the Institution:  246007, Gomel, Feduninskogo Street, 17

7. Powers of the owner of the property assigned to the Institution on the right of operative administration are exercised by the Government of the Republic of Belarus.

The Institution is a republican legal person, having a separate property, an independent balance sheet, settlement, foreign currency and other account in banks, a seal with the image of the State Emblem of the Republic of Belarus and with the name of the Institution, a stamp, letterheads, symbols and other attributes, acquires property and non-property rights, bears duties, may be plaintiff and defendant in the court.

The Institution is liable on its obligations within the limits of monetary funds at its disposal.

Upon insufficiency of monetary funds, the subsidiary liability for the obligations of the Institution is born by the owner of the property assigned to the Institution.

The Institution does not pursue the purpose of profit earning from its primary activity, but is entitled, in coordination with the Government of the Republic of Belarus, to be engaged in entrepreneurial activities in line with the purposes for which it was established and corresponding to the subject matter of its activity.

The Institution is entitled, on a voluntary basis, to become a member of unions (associations) of legal persons and of international organizations.  In doing so the Institution retains its independence and rights of a legal person. The Institution is entitled, in coordination with the Government of the Republic of Belarus, to operate as the founder of other legal persons.

CHAPTER 2
PURPOSES AND SUBJECT matter OF INSTITUTION ACTIVITIES

8. The Institution is created with the purposes of attraction of investments, creation of new jobs, introduction of high technologies, increasing of export potential.

9. The Institution:

takes part in development and implementation of programs of social and economic development of the Gomel region and submits proposals for the preparation of local budget drafts;

jointly with the Gomel Regional Executive Committee, organizes work on development of the FEZ "Gomel-Raton" and implements its development programs;

submits proposal about preparation of normative legal acts on issues of the FEZ "Gomel-Raton" functioning, including on improvement of its special legal regime;

advances the initiatives on changing boundaries of the FEZ “Gomel-Raton”, on prolongation of the term of its functioning;

acts as the principal on design planning and construction of industrial, engineering, transport and other infrastructure objects within the boundaries of the FEZ "Gomel-Raton";

carries out advertising, informational activity in the Republic of Belarus and abroad with a view of providing information about conditions of investment and entrepreneurial activity in the FEZ "Gomel-Raton" and attraction of foreign and national investors;

considers, in the established order, investment projects proposed for the implementation in the FEZ "Gomel-Raton";

carries out the state registration of legal persons and individual entrepreneurs in the FEZ "Gomel-Raton", with the exception of banks, non-bank credit and financial organizations, insurance organizations, insurance brokers, associations of insurers;

approves a sample contract on activity conditions in the FEZ "Gomel-Raton" and the business plan form of the investment project being presented for the registration as the FEZ “Gomel-Raton” resident;

concludes (prolongs) contract on activity conditions in the FEZ "Gomel-Raton" and exercises control over their fulfilment;

registers legal persons and individual entrepreneurs as residents in the FEZ "Gomel-Raton" in the order established by the legislation on free economic zones;

receives from the FEZ "Gomel-Raton" residents primary statistical data about their activities, established by the legislation and the contract on activity conditions in the FEZ "Gomel-Raton", as well as other information connected with their activity as the FEZ "Gomel-Raton" residents; 

represents interests of the FEZ "Gomel-Raton" in relations with state bodies and other organizations;

in agreement with the Customs body, takes decision on determining the limits of the free customs zone (abolition of the free customs zone) for the FEZ "Gomel-Raton" residents;

issues conclusions on results of implementation of the investment project of a resident of the FEZ "Gomel-Raton” resident;

takes decisions on deprivation of FEZ "Gomel-Raton" resident status;

seizes and allocates, in the established order, land plots within the boundaries of the FEZ "Gomel-Raton" for the rent to the residents of free economic zones, if necessary carries out, in the established order, transfer of land plots from one category into another, if such rights have been delegated to it by the Gomel Regional Executive Committee and/or otherwise not provided for by the President of the Republic of Belarus;

in accordance with the legislation, disposes of property transferred to it into operative administration, including acting as lessor in relation to the mentioned property;

prepares draft regulations on the Development Fund of the Free Economic Zone "Gomel-Raton" and, in accordance with the legislation, disposes of means of that fund;

within the competence, assists the work of controlling and law-enforcing bodies of the Republic of Belarus;

carries out other powers specified by this Statute and other legislation.

 

CHAPTER 3
Management bodies

10. The Institution is headed by the Head of Administration.

The Head of Administration is appointed to the office and dismissed from office by the Government of the Republic of Belarus on representation of Gomel Regional Executive Committee.

Deputy Heads of Administration are appointed by the Head of Administration in coordination with Gomel Regional Executive Committee.

11. The Head of Administration:

directs the work of the Institution;

acts on the principle of the single authority;

issues orders and dispositions;

ensures execution of decisions of the Government of the Republic of Belarus;

distributes duties between deputy heads of the Administration, coordinates their activity;

without power of attorney, represents the Institution in its relations with republican bodies of state administration and local executive and administrative bodies;

concludes contracts (including labour contracts), issues powers of attorney;

opens and closes current (settlement) accounts in banks, makes operations with these accounts, signs financial documents;

ensures observance of financial discipline, protection of property interests and rights of the Institution;

makes use, under the established procedure, of the wages fund, property and funds of the Institution;

determines the structure of the Institution, approves the staff list of the Institution;

carries out hiring and dismissal of the Institution workers, including on the basis of labour contracts;

approves duty instructions of the Institution workers;

applies encouragements and disciplinary measures to the Institution workers;

ensures training, retraining, improvement of professional skills of the Institution workers;

takes necessary measures for prevention of occupational injuries, occupational and other diseases of workers;

ensures observance of the labour legislation of the Republic of Belarus;

signs certificates of the state registration of the economic entities, certificates of registration as the FEZ "Gomel-Raton" residents and other documents within the limits of competence of the  FEZ "Gomel-Raton" Administration;

exercises other powers provided by the legislation of the Republic of Belarus.

12. For taking decisions within the limits of competence of the Institution, the Head of Administration may create the Council of Administration. The composition and procedure of work of the Council of Administration are determined by the Head of Administration.

The Council of Administration acts permanently. The sittings of the Council are held as necessary, but at least once a quarter.

The Council of the FEZ “Gomel-Raton” Administration includes the Head of the Administration, its deputies, chief accountant, heads of structural division of the FEZ "Gomel-Raton" Administration.

The decisions of a sitting of the Council of the FEZ "Gomel-Raton" Administration are taken by an open vote, by a simple majority of votes of the members of the Council, constituting 2/3 of its composition. When the votes have been distributed equally, the decision for which voted the chairperson of that sitting is deemed to be taken.

Invited representatives of the Gomel Regional Executive Committee (Gomel City Executive Committee) or other persons are entitled to attend sittings of the Council of the FEZ "Gomel-Raton" Administration.

The organization of a sitting of the Council of the FEZ "Gomel-Raton" Administration and drawing up of the protocol is ensured by the secretary to be appointed by the Head of the Administration.

The Council of the FEZ "Gomel-Raton" Administration is entitled to take decisions on the issues of:

registration of legal persons and individual entrepreneurs as residents in the FEZ "Gomel-Raton";

deprivation of legal persons or individual entrepreneurs of the FEZ "Gomel-Raton" resident status ”;

prolongation of contracts on activity conditions in the FEZ "Gomel-Raton";

other issues of activity of the FEZ "Gomel-Raton" Administration and its residents.

CHAPTER 4
PROPERTY AND FUNDS OF THE INSTITUTION

13. The Institution exercises rights of possession, using and disposing with respect to the property assigned to it, within the limits established by the legislation of the Republic of Belarus, in accordance with the purposes of its activity, orders of the owner and the intended purpose of property.

The Institution is not entitled, without consent of the owner, to alienate or to dispose by another way of the property assigned to it or acquired at the expense of funds allocated to the Institution according to the estimate, with the exception of independently providing into lease by the Institution to FEZ "Gomel-Raton" residents of the state property transferred to the Institution into operative administration.

The owner of the property assigned to the Institution is entitled to withdraw excessive property or property which is not used or not properly used, and to dispose of it at its own discretion.

14. The incomes received from entrepreneurial activity authorized by the Government of the Republic of Belarus and any property acquired at the expense of these incomes are receive into operative administration of the Institution and are used by the Institution in accordance with the legislation of the Republic of Belarus.

CHAPTER 5
TERMINATION OF ACTIVITIES OF THE INSTITUTION

15. The Institution may be liquidated according to the decision of the Government of the Republic of Belarus, court or registering body in the instances provided by the legislation of the Republic of Belarus.

16. The Institution is liquidated under the procedure established by the legislation of the Republic of Belarus.

17. The property of the Institution remained after the satisfaction of the claims of creditors, is transferred to its owner.

18. The Institution is considered liquidated from the date of entering a record about its liquidation into the Unified State Register of Legal Persons and Individual Entrepreneurs.

In the event of liquidation of the Institution, its workers are guaranteed the observance of the rights and legitimate interests according to the effective legislation of the Republic of Belarus.

 

 

 

APPROVED Resolution of the Council of Ministers of the Republic of Belarus No. 891 of August 12, 2005 (as edited by Resolution of the Council of Ministers of the Republic of Belarus No. 1115 of August 22, 2011)

STATUTE
of the State Institution 'Administration of the Free Economic Zone "Grodnoinvest"'

CHAPTER 1
GENERAL PROVISIONS

1. The State Institution "Administration of the Free Economic Zone "Grodnoinvest" (hereinafter referred to as Institution) is the governing body of the Free Economic Zone "Grodnoinvest" (hereinafter referred to as FEZ "Grodnoinvest") in accordance with the Edict of the President of the Republic of Belarus No. 262 of June 9, 2005 "On Some Matters of Activity of Free Economic Zones in the Territory of the Republic of Belarus" and the Edict of the President of the Republic of Belarus No. 220 of May 26, 2011 “On creation of the Special Tourist and Recreational Park "Avgustovski Canal".  The Institution operates from June 17, 2002.

2. The Institution is established by the Government of the Republic of Belarus.

3. The Institution is a non-commercial organization and operates in accordance with the legislation of the Republic of Belarus and on the basis of this Statute.

4. In its activity, the Institution is accountable to the Government of the Republic of Belarus, and on issues concerning the implementation of programs of social and economic development of the Grodno Region, the Institution is subordinated to the Grodno Regional Executive Committee.

5. The name of the Institution in Russian:

Full name: государственное учреждение "Администрация свободной экономической зоны "Гродноинвест" (State Institution "Administration of the free economic zone 'Grodnoinvest'");

Short name: администрация СЭЗ "Гродноинвест" (Administration of the FEZ "Grodnoinvest").

The name of the Institution in Belarusian:

Full name: дзяржаўная ўстанова " Адмiнiстрацыя свабоднай эканамiчнай зоны "Гроднаiнвест";

Short name: адмiнiстрацыя СЭЗ "Гроднаiнвест ".

6. The location of the Institution: 230005, Grodno, Gorkogo Street, 91a.

7. Powers of the owner of the property assigned to the Institution on the right of operative administration are exercised by the Government of the Republic of Belarus.

The Institution is a republican legal person, having a separate property, an independent balance sheet, settlement, foreign currency and other account in banks, a seal with the image of the State Emblem of the Republic of Belarus and with the name of the Institution, a stamp, letterheads, symbols and other attributes, acquires property and non-property rights, bears duties, may be plaintiff and defendant in the court.

The Institution is liable on its obligations within the limits of monetary funds at its disposal.

Upon insufficiency of monetary funds, the subsidiary liability for the obligations of the Institution is born by the owner of the property assigned to the Institution.

The Institution does not pursue the purpose of profit earning from its primary activity, but is entitled, in coordination with the Government of the Republic of Belarus, to be engaged in entrepreneurial activities in line with the purposes for which it was established and corresponding to the subject matter of its activity.

The Institution is entitled, on a voluntary basis, to become a member of unions (associations) of legal persons and of international organizations.  In doing so the Institution retains its independence and rights of a legal person. The Institution is entitled, in coordination with the Government of the Republic of Belarus, to operate as the founder of other legal persons.

CHAPTER 2
PURPOSES AND SUBJECT matter OF INSTITUTION ACTIVITIES

8. The Institution is established with the purposes of attraction of national and foreign investments, creation of new jobs, introduction of high technologies, increasing of export potential, development of tourism industry and its infrastructure.

9. The Institution:

takes part in development and implementation of programs of social and economic development of the Grodno region and submits proposals for the preparation of local budget drafts;

jointly with the Grodno Regional Executive Committee and the Park "Avgustoski Canal", organizes work on development of the FEZ "Grodnoinvest" and implements its development programs;

submits proposals about preparation of normative legal acts on issues of the functioning of the FEZ "Grodnoinvest" and the Park "Avgustoski Canal", including on improvement of the special legal regime of residents of the FEZ "Grodnoinvest" and granting tax benefits to residents of the Park "Avgustoski Canal";

advances the initiatives on changing boundaries of the FEZ "Grodnoinvest" and the Park "Avgustoski Canal", on prolongation of the term of their functioning;

acts as the principal on design planning and construction of industrial, engineering, transport and other infrastructure objects within the boundaries of the FEZ "Grodnoinvest" and the Park "Avgustoski Canal";

prepares, under the established procedure, estimates for formation of the draft of the budget of the Park "Avgustoski Canal" for the next financial year;

carries out advertising, informational activity in the Republic of Belarus and abroad with a view of providing information about conditions of investment and entrepreneurial activity in the FEZ "Grodnoinvest" and the Park "Avgustoski Canal" and attraction of foreign and national investors;

considers, under the established procedure, investment projects proposed for the implementation in the FEZ “Grodnoinvest” and the Park "Avgustoski Canal";

carries out the state registration of legal persons and individual entrepreneurs in the FEZ "Grodnoinvest" and the Park "Avgustoski Canal", with the exception of banks, non-bank credit-and-finance organizations, insurance organizations, insurance brokers, associations of insurers;

approves a sample contract on activity conditions in the FEZ "Grodnoinvest" and the Park "Avgustoski Canal" and the business plan form of the investment project being presented for the registration as the resident of FEZ “Grodnoinvest” and the Park "Avgustoski Canal";

concludes (prolongs) contract on activity conditions in the FEZ "Grodnoinvest" and the Park "Avgustoski Canal" and exercises control over their fulfilment;

registers legal persons and individual entrepreneurs as residents of the FEZ "Grodnoinvest" and the Park "Avgustoski Canal", under the procedure established by the legislation;

receives from residents of the FEZ "Grodnoinvest" and the Park "Avgustovski Canal" primary statistical data  established by the legislation and the contract on activity conditions in the FEZ "Grodnoinvest" and the Park "Avgustovski Canal", about their activity, as well as other information connected with their activity as residents of the FEZ "Grodnoinvest" and the Park "Avgustovski Canal"; 

represents interests of the FEZ "Grodnoinvest" and the Park "Avgustovski Canal" in relations with state bodies and other organizations;

in agreement with the Customs body, takes decision on determining the limits of the free customs zone (abolition of the free customs zone) for the FEZ "Grodnoinvest" residents;

issues opinions about results of the implementation of investment projects by residents of the FEZ "Grodnoinvest" and the Park "Avgustovski Canal";

takes decisions about deprivation of the status of resident of the FEZ "Grodnoinvest" and the Park "Avgustovski Canal";

seizes and allocates into lease, under the established order, to residents of free economic zones and the Park "Avgustovski Canal" land plots within the boundaries of the FEZ "Grodnoinvest" and the Park "Avgustovski Canal", and if necessary carries out, under the established procedure, transfer of land plots from one category into another, if such rights have been delegated to it by the Grodno Regional Executive Committee and/or otherwise not provided for by the President of the Republic of Belarus;

in accordance with the legislation, disposes of property transferred to it into operative administration, including acting as lessor in relation to the mentioned property;

prepares draft regulations on the Development Fund of the FEZ "Grodnoinvest" and, in accordance with the legislation, disposes of means of that fund;

within the competence, assists the work of controlling and law-enforcing bodies of the Republic of Belarus;

carries out other powers specified by this Statute and other legislation.

CHAPTER 3
Management bodies

10. The Institution is headed by the Head of Administration.

The Head of Administration is appointed to the office and dismissed from office by the Government of the Republic of Belarus on representation of Grodno Regional Executive Committee.

Deputy Heads of Administration are appointed by the Head of Administration in coordination with Grodno Regional Executive Committee.

11. The Head of Administration:

directs the work of the Institution;

acts on the principle of the single authority;

issues orders and dispositions;

ensures execution of decisions of the Government of the Republic of Belarus;

distributes duties between deputy heads of the Administration, coordinates their activity;

without power of attorney, represents the Institution in its relations with republican bodies of state administration and local executive and administrative bodies;

concludes contracts (including labour contracts), issues powers of attorney;

opens and closes current (settlement) accounts in banks, makes operations with these accounts, signs financial documents;

ensures observance of financial discipline, protection of property interests and rights of the Institution;

makes use, under the established procedure, of the wages fund, property and funds of the Institution;

determines the structure of the Institution, approves the staff list of the Institution;

carries out hiring and dismissal of the Institution workers, including on the basis of labour contracts;

approves duty instructions of the Institution workers;

applies encouragements and disciplinary measures to the Institution workers;

ensures training, retraining, improvement of professional skills of the Institution workers;

takes necessary measures for prevention of occupational injuries, occupational and other diseases of workers;

ensures observance of the labour legislation of the Republic of Belarus;

signs certificates of state registration of the economic entities, certificates of registration of residents of the FEZ "Grodnoinvest" the Park "Avgustovski Canal" and other documents within the limits of competence of the Institution;

exercises other powers provided by the legislation of the Republic of Belarus.

12. For taking decisions within the limits of competence of the Institution, the Head of Administration may create the Council of Administration. The composition and procedure of work of the Council of Administration is determined by the Head of Administration.

The Council of Administration acts permanently. The sittings of the Council of Administration are held as necessary, but not less rare than once a quarter.

The Council of Administration includes the Head of the Administration, its deputies, chief accountant, heads of structural divisions of the Institution.

The decisions of sittings of the Council of the Administration are taken by an open vote, by a simple majority of votes of present members of the Council, constituting not less than 2/3 of its composition. When the votes have been distributed equally, the decision for which voted the chairperson of that sitting is deemed to be taken.

Invited representatives of the Grodno Regional Executive Committee (Grodno City Executive Committee), organizations or other persons are entitled to attend sittings of the Council of Administration.

The organization of a sitting of the Council of Administration and drawing up of the protocol is ensured by the secretary to be appointed by the Head of Administration.

The Council of Administration is entitled to take decisions on the issues concerning:

registration of legal persons and individual entrepreneurs as residents in the FEZ "Grodnoinvest" and the Park "Avgustovski Canal";

deprivation of legal persons and individual entrepreneurs of the status of a residents of the FEZ "Grodnoinvest"” and the Park "Avgustovski Canal";

prolongation of contracts on activity conditions in the FEZ "Grodnoinvest" and the Park "Avgustovski Canal";

other issues of activity of  the Institution and residents of the FEZ "Grodnoinvest" Administration and the Park "Avgustovski Canal".

CHAPTER 4
PROPERTY AND FUNDS OF THE INSTITUTION

13. The Institution exercises rights of possession, using and disposing with respect to the property assigned to it, within the limits established by the legislation of the Republic of Belarus, in accordance with the purposes of its activity, orders of the owner and the intended purpose of property.

The owner of the property assigned to the Institution is entitled to withdraw excessive property or property which is not used or not properly used, and to dispose of it at its own discretion.

14. The incomes received from entrepreneurial activity authorized by the Government of the Republic of Belarus and any property acquired at the expense of these incomes are receive into operative administration of the Institution and are used by the Institution in accordance with the legislation of the Republic of Belarus.

CHAPTER 5
TERMINATION OF ACTIVITIES OF THE INSTITUTION

15. The Institution may be liquidated according to the decision of the Government of the Republic of Belarus, court or registering body in the instances provided by the legislation of the Republic of Belarus.

16. The Institution is liquidated under the procedure established by the legislation of the Republic of Belarus.

17. The property of the Institution remained after the satisfaction of the claims of creditors, is transferred to its owner.

18. The Institution is considered liquidated from the date of entering a record about its liquidation into the Unified State Register of Legal Persons and Individual Entrepreneurs.

In the event of liquidation of the Institution, observance of the rights and legitimate interests of the Institution staff is guaranteed in accordance with the legislation of the Republic of Belarus.

 

 

APPROVED Resolution of the Council of Ministers of the Republic of Belarus No. 891 of August 12, 2005

STATUTE
of the State Institution ‘Administration of the Free Economic Zone "Minsk"'

CHAPTER 1
GENERAL PROVISIONS

1. The State Institution "Administration of Free Economic Zone "Minsk" (hereinafter – Institution) is the body of administration of the Free Economic Zone "Minsk" (hereinafter – the FEZ "Minsk") in accordance with Edict of the President of the Republic of Belarus No. 262 of June 9, 2005 "On Some Matters of Activity of Free Economic Zones in the Territory of the Republic of Belarus".  The Institution operates a legal person from May 15, 1998.

2. The Institution is established by the Government of the Republic of Belarus.

3. The Institution is a non-commercial organization and operates in accordance with the legislation of the Republic of Belarus and on the basis of this Statute.

4. In its activity, the Institution is accountable to the Government of the Republic of Belarus, and on issues concerning the implementation of programs of social and economic development of the Minsk Region (city of Minsk) the Institution is subordinated to the Minsk Regional Executive Committee (Minsk City Executive Committee).

5. The name of the Institution in Russian:

Full name: государственное учреждение "Администрация свободной экономической зоны «Минск» (State Institution "Administration of the Free economic zone 'Minsk'");

Short name: администрация СЭЗ «Минск» (Administration of the FEZ 'Minsk').

The name of the Institution in Belarusian:

Full name: дзяржаўная ўстанова "Адмiнiстрацыя свабоднай эканамiчнай зоны «Мінск»;

Short name: адмiнiстрацыя СЭЗ «Мінск».

6. The location of the Institution:  220002, Minsk, Kropotkina Street, 44.

7. Powers of the owner of the property assigned to the Institution on the right of operative administration are exercised by the Government of the Republic of Belarus.

The Institution is a republican legal person, having a separate property, an independent balance sheet, settlement, foreign currency and other account in banks, a seal with the image of the State Emblem of the Republic of Belarus and with the name of the Institution, a stamp, letterheads, symbols and other attributes, acquires property and non-property rights, bears duties, may be plaintiff and defendant in the court.

The Institution is liable on its obligations within the limits of monetary funds at its disposal.

Upon insufficiency of monetary funds, the subsidiary liability for the obligations of the Institution is born by the owner of the property assigned to the Institution.

The Institution does not pursue the purpose of profit earning from its primary activity, but is entitled, in coordination with the Government of the Republic of Belarus, to be engaged in entrepreneurial activities in line with the purposes for which it was established and corresponding to the subject matter of its activity.

The Institution is entitled, on a voluntary basis, to become a member of unions (associations) of legal persons and of international organizations.  In doing so the Institution retains its independence and rights of a legal person. The Institution is entitled, in coordination with the Government of the Republic of Belarus, to operate as the founder of other legal persons.

CHAPTER 2
PURPOSES AND SUBJECT matter OF INSTITUTION ACTIVITIES

8. The Institution is created with the purposes of attraction of investments, creation of new jobs, introduction of high technologies, increasing of export potential.

9. The Institution:

takes part in development and implementation of programs of social and economic development of the Minsk region and the city of Minsk and submits proposals for the preparation of their budget drafts;

jointly with the Minsk Regional Executive Committee and Minsk City Executive Committee, organizes work on development of the FEZ "Minsk" and implements its development programs;

submits proposal about preparation of normative legal acts on issues of the FEZ "Minsk" functioning, including on improvement of its special legal regime;

advances the initiatives on changing boundaries of the FEZ "Minsk", on prolongation of the term of its functioning;

acts as the principal on design planning and construction of industrial, engineering, transport and other infrastructure objects within the boundaries of the FEZ "Minsk";

carries out advertising, informational activity in the Republic of Belarus and abroad with a view of providing information about conditions of investment and entrepreneurial activity in the FEZ "Minsk" and attraction of foreign and national investors;

considers, in the established order, investment projects proposed for the implementation in the FEZ "Minsk";

carries out the state registration of legal persons and individual entrepreneurs in the FEZ "Minsk", with the exception of banks, non-bank credit and financial organizations, insurance organizations, insurance brokers, associations of insurers;

approves a sample contract on activity conditions in the FEZ "Minsk" and the business plan form of the investment project being presented for the registration as the FEZ "Minsk" resident;

concludes (prolongs) contract on activity conditions in the FEZ "Minsk" and exercises control over their fulfilment;

registers legal persons and individual entrepreneurs as residents in the FEZ "Minsk" in the order established by the legislation on free economic zones;

receives from the FEZ “"Minsk" residents primary statistical data about their activities, established by the legislation and the contract on activity conditions in the FEZ "Minsk", and also other information connected with their activities as the FEZ "Minsk" residents; 

represents interests of the FEZ "Minsk" in relations with state bodies and other organizations;

in agreement with the Customs body, takes decision on determining the limits of the free customs zone (abolition of the free customs zone) for the FEZ "Minsk" residents;

issues conclusions on results of implementation of the investment project of a resident of the FEZ "Minsk" resident;

takes decisions on deprivation of FEZ "Minsk" resident status;

seizes and allocates, in the established order, land plots within the boundaries of the FEZ "Minsk" for the rent to the residents of free economic zones, if necessary carries out, in the established order, transfer of land plots from one category into another, if such rights have been delegated to it by the Minsk Regional Executive Committee (Minsk City Executive Committee) and/or otherwise not provided for by the President of the Republic of Belarus;

in accordance with the legislation, disposes of property transferred to it into operative administration, including acting as lessor in relation to the mentioned property;

prepares draft regulations on the Development Fund of the Free Economic Zone "Minsk" and, in accordance with the legislation disposes of means of that fund;

within its competence, assists the work of controlling and law-enforcing bodies of the Republic of Belarus;

carries out other powers specified by this Statute and other legislation.

 

CHAPTER 3
Management bodies

10. The Institution is headed by the Head of Administration.

The Head of Administration is appointed to the office and dismissed from office by the Government of the Republic of Belarus on representation of the Minsk Regional Executive Committee, the Minsk City Executive Committee.

Deputy Heads of Administration are appointed by the Head of Administration in coordination with the Minsk Regional Executive Committee, the Minsk City Executive Committee.

11. The Head of Administration:

directs the work of the Institution;

acts on the principle of the single authority;

issues orders and dispositions;

ensures execution of decisions of the Government of the Republic of Belarus;

distributes duties between deputy heads of the Administration, coordinates their activity;

without power of attorney, represents the Institution in its relations with republican bodies of state administration and local executive and administrative bodies;

concludes contracts (including labour contracts), issues powers of attorney;

opens and closes current (settlement) accounts in banks, makes operations with these accounts, signs financial documents;

ensures observance of financial discipline, protection of property interests and rights of the Institution;

makes use, under the established procedure, of the wages fund, property and funds of the Institution;

determines the structure of the Institution, approves the staff list of the Institution;

carries out hiring and dismissal of the Institution workers, including on the basis of labour contracts;

approves duty instructions of the Institution workers;

applies encouragements and disciplinary measures to the Institution workers;

ensures training, retraining, improvement of professional skills of the Institution workers;

takes necessary measures for prevention of occupational injuries, occupational and other diseases of workers;

ensures observance of the labour legislation of the Republic of Belarus;

signs certificates of the state registration of the economic entities, certificates of registration as  FEZ "Minsk" residents and other documents within the limits of competence of the FEZ "Minsk" Administration;

exercises other powers provided by the legislation of the Republic of Belarus.

12. For taking decisions within the limits of competence of the Institution, the Head of Administration may create the Council of Administration. The composition and procedure of work of the Council of Administration are determined by the Head of Administration.

The Council of Administration acts permanently. The sittings of the Council are held as necessary, but at least once a quarter.

The Council of the FEZ "Minsk" Administration includes the Head of the Administration, its deputies, chief accountant, heads of structural division of the FEZ "Minsk" Administration.

The decisions of a sitting of the Council of the Administration are taken by an open vote, by a simple majority of votes of the members of the Council, constituting 2/3 of its composition. When the votes have been distributed equally, the decision for which voted the chairperson of that sitting is deemed to be taken.

Invited representatives of the Minsk Regional Executive Committee (Minsk City Executive Committee) or other persons are entitled to attend sittings of the Council of the FEZ "Minsk" Administration.

The organization of a sitting of the Council of the FEZ "Minsk" Administration and drawing up of the protocol is ensured by the secretary to be appointed by the Head of the Administration.

The Council of the FEZ "Minsk" Administration is entitled to take decisions on the issues concerning:

registration of legal persons and individual entrepreneurs as residents in the FEZ "Minsk";

deprivation of legal persons or individual entrepreneurs of the FEZ "Minsk" resident status ”;

prolongation of contracts on activity conditions in the FEZ "Minsk";

other issues of activity of  the FEZ "Minsk" Administration and its residents.

CHAPTER 4
PROPERTY AND FUNDS OF THE INSTITUTION

13. The Institution exercises rights of possession, using and disposing with respect to the property assigned to it, within the limits established by the legislation of the Republic of Belarus, in accordance with the purposes of its activity, orders of the owner and the intended purpose of property.

The Institution is not entitled, without consent of the owner, to alienate or to dispose by another way of the property assigned to it or acquired at the expense of funds allocated to the Institution according to the estimate, with the exception of independently providing into lease by the Institution to FEZ "Minsk" residents of the state property transferred to the Institution into operative administration.

The owner of the property assigned to the Institution is entitled to withdraw excessive property or property which is not used or not properly used, and to dispose of it at its own discretion.

14. The incomes received from entrepreneurial activity authorized by the Government of the Republic of Belarus and any property acquired at the expense of these incomes are receive into operative administration of the Institution and are used by the Institution in accordance with the legislation of the Republic of Belarus.

CHAPTER 5
TERMINATION OF ACTIVITIES OF THE INSTITUTION

15. The Institution may be liquidated according to the decision of the Government of the Republic of Belarus, court or registering body in the instances provided by the legislation of the Republic of Belarus.

16. The Institution is liquidated under the procedure established by the legislation of the Republic of Belarus.

17. The property of the Institution remained after the satisfaction of the claims of creditors, is transferred to its owner.

18. The Institution is considered liquidated from the date of entering a record about its liquidation into the Unified State Register of Legal Persons and Individual Entrepreneurs.

In the event of liquidation of the Institution, its workers are guaranteed the observance of the rights and legitimate interests according to the effective legislation of the Republic of Belarus.

 

 

APPROVED Resolution of the Council of Ministers of the Republic of Belarus No. 891 of August 12, 2005

STATUTE
of the State Institution 'Administration of the Free Economic Zone "Mogilev"'

CHAPTER 1
GENERAL PROVISIONS

1. The State Institution "Administration of Free Economic Zone 'Mogilev'" (hereinafter – Institution) is the body of administration of the Free Economic Zone "Mogilev" (hereinafter – the FEZ "Mogilev") in accordance with Edict of the President of the Republic of Belarus No. 262 of June 9, 2005 "On Some Matters of Activity of Free Economic Zones in the Territory of the Republic of Belarus".  The Institution operates as a legal person from April 8, 2002.

2. The Institution is established by the Government of the Republic of Belarus.

3. The Institution is a non-commercial organization and operates in accordance with the legislation of the Republic of Belarus and on the basis of this Statute.

4. In its activity, the Institution is accountable to the Government of the Republic of Belarus, and on issues concerning the implementation of programs of social and economic development of the Mogilev Region, the Institution is subordinated to the Mogilev Regional Executive Committee.

5. The name of the Institution in Russian:

Full name: государственное учреждение "Администрация свободной экономической зоны "Могилев" (State Institution ‘Administration of the free economic zone "Mogilev"‘);

Short name: администрация СЭЗ "Могилев" (Administration of FEZ "Mogilev").

The name of the Institution in Belarusian:

Full name: дзяржаўная ўстанова "Адмiнiстрацыя свабоднай эканамiчнай зоны "Магілёў";

Short name: адмiнiстрацыя СЭЗ «Магілёў».

6. The location of the Institution: 212039, Mogilev, Leninskaya Street, 63.

7. Powers of the owner of the property assigned to the Institution on the right of operative administration are exercised by the Government of the Republic of Belarus.

The Institution is a republican legal person, having a separate property, an independent balance sheet, settlement, foreign currency and other account in banks, a seal with the image of the State Emblem of the Republic of Belarus and with the name of the Institution, a stamp, letterheads, symbols and other attributes, acquires property and non-property rights, bears duties, may be plaintiff and defendant in the court.

The Institution is liable on its obligations within the limits of monetary funds at its disposal.

Upon insufficiency of monetary funds, the subsidiary liability for the obligations of the Institution is born by the owner of the property assigned to the Institution.

The Institution does not pursue the purpose of profit earning from its primary activity, but is entitled, in coordination with the Government of the Republic of Belarus, to be engaged in entrepreneurial activities in line with the purposes for which it was established and corresponding to the subject matter of its activity.

The Institution is entitled, on a voluntary basis, to become a member of unions (associations) of legal persons and of international organizations.  In doing so the Institution retains its independence and rights of a legal person. The Institution is entitled, in coordination with the Government of the Republic of Belarus, to operate as the founder of other legal persons.

CHAPTER 2
PURPOSES AND SUBJECT matter OF INSTITUTION ACTIVITIES

8. The Institution is created with the purposes of attraction of investments, creation of new jobs, introduction of high technologies, increasing of export potential.

9. The Institution:

takes part in development and implementation of programs of social and economic development of the Mogilev region and submits proposals for the preparation of local budget drafts;

jointly with the Mogilev Regional Executive Committee, organizes work on development of the FEZ “Mogilev” and implements its development programs;

submits proposal about preparation of normative legal acts on issues of the FEZ "Mogilev" functioning, including on improvement of its special legal regime;

advances the initiatives on changing boundaries of the FEZ “Mogilev”, on prolongation of the term of its functioning;

acts as the principal on design planning and construction of industrial, engineering, transport and other infrastructure objects within the boundaries of the FEZ "Mogilev";

carries out advertising, informational activity in the Republic of Belarus and abroad with a view of providing information about conditions of investment and entrepreneurial activity in the FEZ "Mogilev" and attraction of foreign and national investors;

considers, in the established order, investment projects proposed for the implementation in the FEZ “Mogilev”;

carries out the state registration of legal persons and individual entrepreneurs in the FEZ “Mogilev”, with the exception of banks, non-bank credit and financial organizations, insurance organizations, insurance brokers, associations of insurers;

approves a sample contract on activity conditions in the FEZ “Mogilev” and the business plan form of the investment project being presented for the registration as the FEZ “Mogilev” resident;

concludes (prolongs) contracts on activity conditions in the FEZ “Mogilev” and exercises control over their fulfilment;

registers legal persons and individual entrepreneurs as residents in the FEZ “Mogilev” in the order established by the legislation on free economic zones;

receives from the FEZ “Mogilev” residents primary statistical data about their activities, established by the legislation and the contract on activity conditions in the FEZ “Mogilev”, and also other information connected with their activities as the FEZ “Mogilev” residents; 

represents interests of the FEZ “Mogilev” in relations with state bodies and other organizations;

in agreement with the Customs body, takes decision on determining the limits of the free customs zone (abolition of the free customs zone) for the FEZ “Mogilev” residents;

issues conclusions on results of implementation of the investment project of a resident of the FEZ “Mogilev” resident;

takes decisions on deprivation of FEZ “Mogilev” resident status;

seizes and allocates, in the established order, land plots within the boundaries of the FEZ "Mogilev" for the rent to the residents of free economic zones, if necessary carries out, in the established order, transfer of land plots from one category into another, if such rights have been delegated to it by the Mogilev Regional Executive Committee and/or otherwise not provided for by the President of the Republic of Belarus;

in accordance with the legislation, disposes of property transferred to it into operative administration, including acting as lessor in relation to the mentioned property;

prepares draft regulations on the Development Fund of the Free Economic Zone “Mogilev” and, in accordance with the legislation disposes of means of that fund;

within the competence, assists the work of controlling and law-enforcing bodies of the Republic of Belarus;

carries out other powers specified by this Statute and other legislation.

 

CHAPTER 3
Management bodies

10. The Institution is headed by the Head of Administration.

The Head of Administration is appointed to the office and dismissed from office by the Government of the Republic of Belarus on representation of the Mogilev Regional Executive Committee.

Deputy Heads of Administration are appointed by the Head of Administration in coordination with the Mogilev Regional Executive Committee.

11. The Head of Administration:

directs the work of the Institution;

issues orders and dispositions;

ensures execution of decisions of the Government of the Republic of Belarus;

distributes duties between deputy heads of the Administration, coordinates their activity;

without power of attorney, represents the Institution in its relations with republican bodies of state administration and local executive and administrative bodies;

concludes contracts (including labour contracts), issues powers of attorney;

opens and closes current (settlement) accounts in banks, makes operations with these accounts, signs financial documents;

ensures observance of financial discipline, protection of property interests and rights of the Institution;

makes use, under the established procedure, of the wages fund, property and funds of the Institution;

determines the structure of the Institution, approves the staff list of the Institution;

carries out hiring and dismissal of the Institution workers, including on the basis of labour contracts;

approves duty instructions of the Institution workers;

applies encouragements and disciplinary measures to the Institution workers;

ensures training, retraining, improvement of professional skills of the Institution workers;

takes necessary measures for prevention of occupational injuries, occupational and other diseases of workers;

ensures observance of the labour legislation of the Republic of Belarus;

signs certificates of the state registration of the economic entities, certificates of registration as  FEZ "Mogilev" residents and other documents within the limits of competence of the FEZ "Mogilev" Administration;

exercises other powers provided by the legislation of the Republic of Belarus.

12. For  taking decisions within the limits of competence of the Institution, the Head of Administration may create the Council of Administration. The composition and procedure of work of the Council of Administration are determined by the Head of Administration.

The Council of Administration acts permanently. The sittings of the Council are held as necessary, but at least once a quarter.

The Council of the FEZ "Mogilev" Administration includes the Head of the Administration, its deputies, chief accountant, heads of structural division of the FEZ "Mogilev" Administration.

The decisions of a sitting of the Council of the Administration are taken by an open vote, by a simple majority of votes of the members of the Council, constituting 2/3 of its composition. When the votes have been distributed equally, the decision for which voted the chairperson of that sitting is deemed to be taken.

Invited representatives of the Mogilev Regional Executive Committee (Mogilev City Executive Committee) or other persons are entitled to attend sittings of the Council of the FEZ "Mogilev" Administration.

The organization of a sitting of the Council of the FEZ "Mogilev" Administration and drawing up of the protocol is ensured by the secretary to be appointed by the Head of the Administration.

The Council of the FEZ "Mogilev" Administration is entitled to take decisions on the issues concerning:

registration of legal persons and individual entrepreneurs as the FEZ "Mogilev" resident;

deprivation of legal persons or individual entrepreneurs of the FEZ "Mogilev" resident status;

prolongation of contracts on activity conditions in the FEZ "Mogilev";

other issues of activity of  the FEZ "Mogilev" Administration and its residents.

CHAPTER 4
PROPERTY AND FUNDS OF THE INSTITUTION

13. The Institution exercises rights of possession, using and disposing with respect to the property assigned to it, within the limits established by the legislation of the Republic of Belarus, in accordance with the purposes of its activity, orders of the owner and the intended purpose of property.

The Institution is not entitled, without consent of the owner, to alienate or to dispose by another way of the property assigned to it or acquired at the expense of funds allocated to the Institution according to the estimate, with the exception of independently providing into lease by the Institution to FEZ "Mogilev" residents of the state property transferred to the Institution into operative administration.

The owner of the property assigned to the Institution is entitled to withdraw excessive property or property which is not used or not properly used, and to dispose of it at its own discretion.

14. The incomes received from entrepreneurial activity authorized by the Government of the Republic of Belarus and any property acquired at the expense of these incomes are receive into operative administration of the Institution and are used by the Institution in accordance with the legislation of the Republic of Belarus.

CHAPTER 5
TERMINATION OF ACTIVITIES OF THE INSTITUTION

15. The Institution may be liquidated according to the decision of the Government of the Republic of Belarus, court or registering body in the instances provided by the legislation of the Republic of Belarus.

16. The Institution is liquidated under the procedure established by the legislation of the Republic of Belarus.

17. The property of the Institution remained after the satisfaction of the claims of creditors, is transferred to its owner.

18. The Institution is considered liquidated from the date of entering a record about its liquidation into the Unified State Register of Legal Persons and Individual Entrepreneurs.

In the event of liquidation of the Institution, its workers are guaranteed the observance of the rights and legitimate interests according to the effective legislation of the Republic of Belarus.

 

* unofficial translation *