Resolution of the Council of Ministers of the Republic of Belarus

(Unofficial translation)

 

Resolution of the Council of Ministers of the Republic of Belarus

No.1317 of November 23, 2005

[Amended as of September 11, 2008]

 

On Some Matters of the Conclusion of Contracts and Fulfilling of the Obligations in the Territory of the Republic of Belarus

 

In accordance with Subclause 2.3 of Clause 2 of the Edict of the President of the Republic of Belarus No.373 of August 15, 2005 “On some matters of the conclusion of contracts and fulfilling of the obligations in the territory of the Republic of Belarus”, the Council of Ministers of the Republic of Belarus has decided:

1. The conclusion and fulfilling of the foreign trade contracts of exchange , and another termination of obligations under the foreign trade contracts without receiving, in the established order, of money by the organization or the individual entrepreneur are carried out, taking into consideration the provisions of the Edict of the President of the Republic of Belarus No.178 of March 27, 2008 “On order of execution of and control over foreign trade operations”.

Fulfilling and termination of obligations at the wholesale trade of alcoholic beverages, non-food alcohol-containing products and non-food ethyl alcohol is carried out in accordance with the requirements of Clause 26 of Regulations on the state control of production, turnover and advertising of alcoholic beverages, non-food alcohol-containing products and ethyl alcohol, approved by the Decree of the President of the Republic of Belarus No.30 of December 18, 2002 “Regulations on the state control of production, turnover and advertising of alcoholic beverages, non-food alcohol-containing products and ethyl alcohol” (National Register of Legal Acts of the Republic of Belarus, 2002, No.143, 1/4242), Clause 59 of Regulations on the state control of production, turnover and advertising of alcoholic beverages, non-food alcohol-containing products and non-food ethyl alcohol, approved by the Decree of the President of the Republic of Belarus No.11 of September 9, 2005 “On improvement of the state regulation of production, turnover and advertising of alcoholic beverages, non-food alcohol-containing products and non-food ethyl alcohol” (National Register of Legal Acts of the Republic of Belarus, 2005, No.142, 1/6770).

Fulfilling and termination of obligations at the wholesale trade of tobacco raw materials and tobacco goods is carried out in accordance with the requirements of Clause 30 of Regulations on the state control of production, turnover, advertising and consumption of tobacco raw material and tobacco goods, approved by the Decree of the President of the Republic of Belarus No.28 of December 17, 2002 “On the state control of production, turnover, advertising and consumption of tobacco raw material and tobacco goods” (National Register of Legal Acts of the Republic of Belarus, 2002, No.143, 1/4234).

2. At fulfilling of the order of the Council of Ministers of the Republic of Belarus on the approving the rates of obligations termination without receiving of money for the organizations (hereinafter referred to as the rates of obligations termination):

the republican state administration body approves and establishes the rates of obligations termination for the republican unitary enterprises (which are under the jurisdiction of this state administration body), the republican institutions, amalgamations (subordinated to this state administration body), the organizations and economic societies which are the parts of before-mentioned institutions and associations and for which the possessory supervision is carried out by this state administration body, taking into consideration the limit rate established for this body by the Council of Ministers of the Republic of Belarus, or, if there is no such a limit rate, with observance of the limiting rate established for the Republic of Belarus (as a whole);

the state organization, subordinated to the Council of Ministers of the Republic of Belarus, approves and establishes the rates of obligations termination for the organizations and economic societies which are the parts of this state organization and for which the possessory supervision is carried out by this state organization, taking into consideration the limit rate established for this organization by the Council of Ministers of the Republic of Belarus, or, if there is no such limit rate, with observance of the limiting rate established for the Republic of Belarus (as a whole);

Regional Executive Committee (Minsk City Executive Committee) approves and establishes the rates of obligations termination for the municipal unitary enterprises, the municipal institutions, the subordinated associations, the organizations and economic societies which are the parts of before-mentioned associations, in which there is a share of municipal property (including urban and district organizations), taking into consideration the limit rate established for this body by the Council of Ministers of the Republic of Belarus. Regional Executive Committees (Minsk City Executive Committee) approve and establish the rates of obligations termination for the organizations of municipal or private property, carrying out the agricultural production and (or) processing of agricultural products, taking into consideration the limit rates established for this organization.

Other organizations, not specified in the first part of this Clause, individual entrepreneurs observe the limit rates established by the Council of Ministers of the Republic of Belarus for the Republic of Belarus (as a whole).

3. For the purposes of establishing the rates of obligations termination by the republican state administration body, other state organization subordinated to the Council of Ministers of the Republic of Belarus, Regional Executive Committee (Minsk City Executive Committee) (hereinafter referred to as the state administration body) for the corresponding organization, the following provisions should be taken into consideration:

provisions of Subclause 1.3 of Clause 1 of the Edict of the President of the Republic of Belarus No.373 of August 15, 2005, in accordance with which, provisions of Subclauses 1.1 and 1.2 of Clause 1 of this Edict are not applied to the contracts and obligations concluded by the corresponding organization before August 1, 2005, which are executed (without the right for prolongation of terms of validity) in accordance with the procedure established by the legislation which was in force before coming of this Decree into force, within at most one year, until August 1, 2006;

fulfillment, by republican state administration body, other state organization, subordinated to the Council of Ministers of the Republic of Belarus, or by Regional Executive Committee (Minsk City Executive Committee), of the limit rate of obligations termination without receiving of money, established by the Council of Ministers of the Republic of Belarus for this state administration body (taking into consideration the provisions of Clause 2 of this Resolution), or, if such limit rate is not established, the limit rate of obligations termination without receiving of money established for the Republic of Belarus (as a whole).

4. Use of bills in the cases not contradicting paragraph two of part one of Subclause 1.1 of Clause 1 of the Edict of the President of the Republic of Belarus No.373 of August 15, 2005, is permitted, subject to observance of limit rates of obligations termination without receiving of money established by the Council of Ministers of the Republic of Belarus.

5. Calculation of fulfillment of the limit rate of obligations termination without receiving of money or the rate of obligations termination is carried out by the organization or the individual entrepreneur by progressive total since the beginning of the year.

6. Termination of obligations without receiving of money by the organization using the purchased goods (works, services) for own production, at the offset of homogeneous counter claims under the contracts of sale, contractor’s contracts, contracts for onerous rendering of services is not limited by the limit rates witch are applied to this organization and established by the Council of Ministers of the Republic of Belarus. Termination of obligations without receiving of money by the organization not using the purchased goods (works, services) for own production, at before-mentioned offset, is limited by the limit rates witch are applied to this organization and established by the Council of Ministers of the Republic of Belarus.

Use of goods (works, services) in own production at the offset of homogeneous counter claims under the contracts of sale, contractor’s contracts, contracts for onerous rendering of services is confirmed by the note “for own production” indicated in the contracts of sale, contractor’s contracts, services contract as the purpose of purchasing, and by inclusion of costs on purchase of these goods, works or services in the expenses for production and for realization of the goods, products, works or services. Using of depreciable property in own production is confirmed by inclusion of the sums of the amortization accrued on this property in before-mentioned expenses.

7. Termination of obligations without receiving of money is not limited by the corresponding limit rates established by the Council of Ministers of the Republic of Belarus, in case of withholding, by the commission agent or by attorney (unless otherwise set forth) by legislative acts), of sums due in accordance with contract of commission or agency from any sums transferred to the commission agent or the attorney at the expense of the committent or principal, as well as by withholding by the organization (individual entrepreneur), at settlements under labor contracts, from salaries of its employees, with their consent,  of sums due to the organization (individual entrepreneur) as payment for goods, products, works, services.

 

Prime Minister of the Republic of Belarus                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        S. Sidorsky

* unofficial translation *