(Unofficial translation)

 

Resolution of the Council of Ministers of the Republic of Belarus

No. 657 of May 21, 2009

[Amended as of March 9, 2017]

 

On Approval of Regulations on Free Economic Zones and Introduction of Changes and Additions

into Resolutions of the Council of Ministers of the Republic of Belarus (Recognition of Some of Them or Provisions

Thereof without Force) Concerning Activity of Free Economic Zones

 

In accordance with Article 3 of the Law of the Republic of Belarus of  November 10, 2008 "On Introduction of Changes and Additions into the law of the Republic of Belarus 'On Free Economic Zones'", the Council of Ministers of the Republic of Belarus HAS DECIDED:

1. To approve the annexed:

Regulations on the Free Economic Zone “Brest”;

Regulations on the Free Economic Zone “Vitebsk”;

Regulations on the Free Economic Zone “Gomel-Raton”;

Regulations on the Free Economic Zone “Grodnoinvest”;

Regulations on the Free Economic Zone “Minsk”;

Regulations on the Free Economic Zone “Moguilev”.

2. [Not given]

3. To establish that:

The certificate of registration as free economic zone resident is a blank form document with a certain level of protection and is to be formalized in the form according to the Annex [not given].

Its fabrication and storage shall be carried out in accordance with the legislation.

The financing of expenses on purchase of blank forms of certificate of registration as free economic zone resident is made at the account of means of the development fund of that zone.

4. [Not given]

5. This Resolutions enters into force from the day of the entry into force of the Law of the Republic of Belarus of November 10, 2008 "On Introduction of Changes and Additions into the law of the Republic of Belarus 'On Free Economic Zones'", with the exception of this clause which enters into force from the day of the official publication of this Resolution.

 

First Deputy Prime-Minister of the Republic of Belarus

V. Semashko

 

APPROVED

Resolution of the Council of Minister

of the Republic of Belarus

No. 657 of May 21,2009

 

REGULATIONS

on the Free Economic Zone “Brest”

 

1. These Regulations determine legal grounds for functioning of the Free Economic Zone “Brest” (hereinafter – the FEZ “Brest”).

2. The tasks of the FEZ “Brest” are:

creating favourable conditions for attraction of national and foreign investments into the economy of the Brest region;

increasing production output and competitive products for export;

creating and developing new import-substituting industries;

performing restructuring and modernization of operating industries using modern scientific and innovative designs and new progressive and high technologies;

increasing effectiveness of industrial potential, engineering and transport infrastructure;

reactivation of non-used industrial capacities and unfinished construction objects;

developing and introducing new progressive methods and forms of economic management, progressive managerial skills, developing business and entrepreneurial activity;

implementing progressive resources- and energy-saving technologies in the economy of the region;

expanding opportunities for employment of the population through creation of new jobs.

3. The management of the FEZ “Brest” for achieving its establishment objectives and solving set tasks is carried out by the Administration of the FEZ “Brest”.

With a view of effective regulation of property relations, the property being into the republic ownership may be transferred to the Administration of the FEZ “Brest” into the operative management.

The disposal of state property objects being into the operative management of the Administration of the FEZ “Brest” is carried out with regard to the restrictions established by the legislation of the Republic of Belarus. Meanwhile, the Administration of the FEZ “Brest” takes the decision about renting state property objects being into the operative management of the Administration to residents of the FEZ “Brest” independently.

4. Investment and entrepreneurial activity in the FEZ “Brest” under the conditions of the special legal status of the FEZ “Brest” is carried out by residents of the FEZ “Brest”.

5. For consideration of the issue about the registration as the FEZ “Brest” resident of the applicant, legal person or individual entrepreneur (hereinafter – the applicant), the following documents shall be submitted to the administration of the FEZ “Brest”:

application according to the form approved by the administration of the FEZ “Brest”;

copies of constituent documents certified in the established order with presentation of originals of the documents (for legal persons);

copy of the state registration certificate with presentation of the original of the document;

business plan of the investment project according to the form approved by the administration of the FEZ “Brest”. The business plan of a legal persons which is subordinated to or shares of which (stakes in which) are transferred into the management to a republic body of state administration, other state organization subordinated to the Government of the Republic of Belarus or to the Brest Regional Executive Committee shall be agreed by such body of state administration or organization;

payment document confirming the payment of the state duty for the registration as the free economic zone resident in the established amount.

6. The investment project, in accordance with its business projects, shall specify:

Volume of investments into the implementation of the investment project in the amount of the sum equivalent to not less than 1 Mln. Euro, unless otherwise established by part two this clause;

creation and/or development of an export-oriented and/or import-substituting production.

The investment project may stipulate, in accordance with its business plan, an amount of investments in a sum a sum equivalent to not less than 500 thousand Euro, provided that investments in the indicated volume will be carried out within three years from the day of conclusion of the contract on activity conditions in the FEZ "Brest".

7. The consideration of the documents submitted by the applicant is carried out by the Administration of the FEZ “Brest” within the term not exceeding 14 working days. The said term may be prolonged in the case of holding a competitive bidding in accordance with clause 11 of these Regulations.

8. According to the results of consideration of the submitted documents, a draft contract on activity conditions in the FEZ “Brest” is sent to the applicant to take decision about the registration as its resident and to conclude such a contract.

The form of the contract on activity conditions in the FEZ “Brest” is approved by its Administration.

This contract shall be concluded within 5 days from the date of receipt of its draft by the applicant, but not later than one month from the date of its sending to the applicant.

The said contract is concluded (prolonged) for the term of implementation of the investment specified in the business plan.

The applicant is registered as resident of the FEZ “Brest” on the day of conclusion of the contract on activity conditions in the FEZ “Brest” for the term of its validity. The certificate of registration as the FEZ "Brest" resident is formalized in the form according to the annex to the Resolution which approved these Regulations and is sent (given in) to the resident of the FEZ “Brest” within 3 days from the date of its registration as resident.

9. The grounds for taking decision about the refusal of registration as the FEZ “Brest” resident are:

non-submission to the Administration of the FEZ “Brest” of documents specified in clause 5 of these Regulations;

incompliance of the investment project specified in the business plan with the conditions indicated in clause 6 of these Regulations and other acts of legislation;

location of the applicant outside the boundaries of the FEZ “Brest”;

non-conclusion of the contract on activity conditions in the FEZ “Brest” within the time-limits set by these Regulations;

absence of industrial premises and/or land plot in the amount required for the implementation of the investment project within the boundaries of the FEZ “Brest”;

recognition of the applicant as having lost the competitive bidding in accordance with clause 11 of these Regulations.

10. When taking the decision about the refusal of the registration as the FEZ “Brest” resident, its Administration is obliged to notify the applicant in writing about the decision taken with indication of grounds for the refusal, within 3 working days.

In this case the contract on activity conditions in the FEZ “Brest” is not concluded, the state duty paid for the registration as its resident is to be returned in the order established by the legislative acts of the Republic of Belarus, and the decision about the refusal of the registration as the FEZ “Brest” resident may be appealed against in the established order in the court.

11. When there are two and more applicants with investment projects providing for creation and development of similar productions or with investment projects declared for the implementation in the same non-occupied land plot or industrial premises, the Administration of the FEZ "Brest" holds a competitive bidding which is announced in the mass media 14 days prior to its holding.

The subject matter of the competitive bidding, conditions and order of its holding are determined by the FEZ “Brest” Administration in agreement with the Brest Regional Executive Committee.

The contract on activity conditions in the FEZ “Brest” is concluded with the winner of the competitive bidding, which is to be registered as the FEZ “Brest” resident within 5 working days from the day of announcing the results of the competitive bidding.

12. [Excluded]

13. The FEZ "Brest" residents of all forms of ownership form independently production programs and business plans, ensuring their compliance with conditions of the contracts on activity conditions in the FEZ "Brest", concluded by them.

14. The FEZ "Brest" resident is obliged to send to the FEZ "Brest" Administration a respective notice when changing its location or name of the legal person (last name, first name and patronymic of the individual entrepreneur, with presentation of copies of confirming documents, within 10 working days.

The FEZ "Brest" Administration prepares, if necessary, an additional agreement to the contract on activity conditions in the FEZ “Brest” and formalize a new certificate of registration as the FEZ “Brest” resident, with the exception of the cases, when such changes entails the loss of the FEZ “Brest” resident status.

The new certificate of registration as the FEZ “Brest” resident with preservation of the former term of registration is issued after the return of the certificate which had been issued earlier and the conclusion of the additional agreement to the contract on activity conditions in the FEZ “Brest”.

15. The FEZ "Brest" Administration controls, on the permanent basis, the fulfilment of concluded contracts on activity conditions in the FEZ “Brest” and the course of implementation of investment projects by its residents, including through visiting, if necessary, construction, industrial and other objects of the FEZ “Brest” residents, located in it.

For these purposes the FEZ "Brest" Administration is guided by the data of statistical, accounting and other reports, explanations of  the FEZ “Brest” residents, and also develops and takes, jointly with them, other measures on ensuring the fulfilment of the contract on activity conditions in the FEZ “Brest”.

 

APPROVED

Resolution of the Council of Ministers

of the Republic of Belarus

No. 657 of May 21, 2009

 

REGULATIONS

on the Free Economic Zone “Vitebsk”

 

1. These Regulations determine legal grounds for functioning of the Free Economic Zone “Vitebsk” (hereinafter – the FEZ “Vitebsk”).

2. The tasks of the FEZ “Vitebsk” are:

developing industry, expanding volumes of commerce and export, increasing influx of currency, introducing progressive managerial skills and most progressive resources-saving, low-waste and non-waste technologies;

increasing business activity, competiveness and export potential of the domestic economy, performing modernization of operating enterprises, facilitating their reforming using progressive technologies of production organization and management;

developing export-oriented and import-substituting industries based on new and high technologies;

developing mechanisms for creating favourable investment climate, performing structural rebuilding of the national economy and its integration into world economic relations, adaptation for market conditions of economy management with consequent transformation on other territories of the republic;

developing commercial and economic cooperation with other states, expansion of international trade exchange through the Republic of Belarus;

involving non-used property into industrial activity, developing and ensuring effective use of existing engineering and transport infrastructure;

increasing load ratio of existing industrial capacities and population occupation.

3. The management of the FEZ “Vitebsk” for achieving its establishment objectives and solving set tasks is carried out by the Administration of the FEZ “Vitebsk”.

With a view of effective regulation of property relations, the property being into the republic ownership may be transferred to the Administration of the FEZ “Vitebsk” into the operative management.

The disposal of state property objects being into the operative management of the Administration of the FEZ “Vitebsk” is carried out with regard to the restrictions established by the legislation of the Republic of Belarus. Meanwhile, the Administration of the FEZ “Vitebsk” takes the decision about renting state property objects being into the operative management of the Administration to residents of the FEZ “Vitebsk” independently.

4. Investment and entrepreneurial activity in the FEZ “Vitebsk” under the conditions of the special legal status is carried out by residents of the FEZ “Vitebsk”.

5. For consideration of the issue about the registration as the FEZ “Vitebsk” resident of the applicant, legal person or individual entrepreneur (hereinafter – the applicant), the following documents shall be submitted to the administration of the FEZ “Vitebsk”:

application according to the form approved by the administration of the FEZ “Vitebsk”;

copies of constituent documents certified in the established order with presentation of originals of the documents (for legal persons);

copy of the state registration certificate with presentation of the original of the document;

business plan of the investment project according to the form approved by the administration of the FEZ “Vitebsk”. The business plan of a legal persons which is subordinated to or shares of which (stakes in which) are transferred into the management to a republic body of state administration, other state organization subordinated to the Government of the Republic of Belarus or to the Vitebsk Regional Executive Committee shall be agreed by such body of state administration or organization;

payment document confirming the payment of the state duty for the registration as the free economic zone resident in the established amount.

6. The investment project, in accordance with its business projects, shall specify:

volume of investments into the implementation of the investment project in the amount of the sum equivalent to not less than 1 Mln. Euro, unless otherwise established by part two this clause;

creation and/or development of an export-oriented and/or import-substituting production.

The investment project may stipulate, in accordance with its business plan, an amount of investments in a sum a sum equivalent to not less than 500 thousand Euro, provided that investments in the indicated volume will be carried out within three years from the day of conclusion of the contract on activity conditions in the FEZ "Vitebsk".

7. The consideration of the documents submitted by the applicant is carried out by the Administration of the FEZ “Vitebsk” within the term not exceeding 14 working days. The said term may be prolonged in the case of holding a competitive bidding in accordance with clause 11 of these Regulations.

8. According to the results of consideration of the submitted documents, a draft contract on activity conditions in the FEZ “Vitebsk” is sent to the applicant to take decision about the registration as its resident and to conclude such a contract.

The form of the contract on activity conditions in the FEZ “Vitebsk” is approved by its Administration.

This contract shall be concluded within 5 days from the date of receipt of its draft by the applicant, but not later than one month from the date of its sending to the applicant.

The said contract is concluded (prolonged) for the term of implementation of the investment specified in the business plan.

The applicant is registered as resident of the FEZ “Vitebsk” on the day of conclusion of the contract on activity conditions in the FEZ “Vitebsk” for the term of the validity of that contract. The certificate of registration as the FEZ "Vitebsk" resident is formalized in the form according to the annex to the Resolution which approved these Regulations and is sent (given in) to the resident of the FEZ “Vitebsk” within 3 days from the date of its registration as resident.

9. The grounds for taking decision about the refusal of registration as the FEZ “Vitebsk” resident are:

non-submission to the Administration of the FEZ “Vitebsk” of documents specified in clause 5 of these Regulations;

incompliance of the investment project specified in the business plan with the conditions indicated in clause 6 of these Regulations and other acts of legislation;

location of the applicant outside the boundaries of the FEZ “Vitebsk”;

non-conclusion of the contract on activity conditions in the FEZ “Vitebsk” within the time-limits set by these Regulations;

absence of industrial premises and/or land plot in the amount required for the implementation of the investment project within the boundaries of the FEZ “Vitebsk”;

recognition of the applicant as having lost the competitive bidding in accordance with clause 11 of these Regulations.

10. When taking the decision about the refusal of the registration as the FEZ “Vitebsk” resident, its Administration is obliged to notify the applicant in writing about the decision taken with indication of grounds for the refusal, within 3 working days.

In this case the contract on activity conditions in the FEZ “Vitebsk” is not concluded, the state duty paid for the registration as its resident is to be returned in the order established by the legislative acts of the Republic of Belarus, and the decision about the refusal of the registration as the FEZ “Vitebsk” resident may be appealed against in the established order in the court.

11. When there are two and more applicants with investment projects providing for creation and development of similar productions or with investment projects declared for the implementation in the same non-occupied land plot or industrial premises, the Administration of the FEZ "Vitebsk" holds a competitive bidding which is announced in the mass media 14 days prior to its holding.

The subject matter of the competitive bidding, conditions and order of its holding are determined by the FEZ “Vitebsk” Administration in agreement with the Vitebsk Regional Executive Committee.

The contract on activity conditions in the FEZ “Vitebsk” is concluded with the winner of the competitive bidding, which is to be registered as the FEZ “Vitebsk” resident within 5 working days from the day of announcing the results of the competitive bidding.

12.  [Excluded]

13. The FEZ "Vitebsk" residents of all forms of ownership form independently production programs and business plans, ensuring their compliance with conditions of the contracts on activity conditions in the FEZ "Vitebsk", concluded by them.

14. The FEZ "Vitebsk" resident is obliged to send to the FEZ "Vitebsk" Administration a respective notice when changing its location or name of the legal person (last name, first name and patronymic of the individual entrepreneur, with presentation of copies of confirming documents, within 10 working days.

The FEZ "Vitebsk" Administration prepares, if necessary, an additional agreement to the contract on activity conditions in the FEZ “Vitebsk” and formalize a new certificate of registration as the FEZ “Vitebsk” resident, with the exception of the cases, when such changes entails the loss of the resident status.

The new certificate of registration as the FEZ “Vitebsk” resident with preservation of the former term of registration is issued after the return of the certificate which had been issued earlier and the conclusion of the additional agreement to the contract on activity conditions in the FEZ “Vitebsk”.

15. The FEZ "Vitebsk" Administration controls, on the permanent basis, the fulfilment of concluded contracts on activity conditions in the FEZ “Vitebsk” and the course of implementation of investment projects by its residents, including through visiting, if necessary, construction, industrial and other objects of the FEZ “Vitebsk” residents, located in it.

For these purposes the FEZ "Vitebsk" Administration is guided by the data of statistical, accounting and other reports, explanations of  the FEZ “Vitebsk” residents, and also develops and takes, jointly with them, other measures on ensuring the fulfilment of the contract on activity conditions in the FEZ “Vitebsk”.

 

APPROVED

Resolution of the Council of Ministers

 of the Republic of Belarus

No. 657 of May 21, 2009

 

REGULATIONS

on the Free Economic Zone “Gomel-Raton”

 

1. These Regulations determine legal grounds for functioning of the Free Economic Zone “Gomel-Raton” (hereinafter – the FEZ “Gomel-Raton”).

2. The tasks of the FEZ “Gomel-Raton” are:

developing industry, expanding volumes of commerce and export, increasing influx of currency, introducing newest technologies and progressive managerial skills, complex use of state, private domestic and foreign capital;

increasing business activity, competiveness and export potential of the domestic economy, performing modernization of operating enterprises, facilitating their reforming using progressive technologies of production organization and management;

reactivation of non-used industrial capacities in the territory of the FEZ “Gomel-Raton”;

development of export-oriented and import-substituting industries based on new and high technologies;

developing mechanisms for creating favourable investment climate, performing structural rebuilding of the national economy and its integration into world economic relations, adaptation for market conditions of economy management with consequent transformation on other territories of the republic;

introducing into production of domestic and foreign scientific and technical developments and inventions with their consequent use in other organizations of the republic;

development and effective use of transport infrastructure of the zone;

development of commercial and economic cooperation with other states, expansion of international trade exchange through the Republic of Belarus;

involving in productive activity of non-used property, non-traditional natural resources and energy sources, developing and ensuring effective use of existing engineering and transport infrastructure;

performing rehabilitation and restructuring of individual objects, increasing load ratio of existing industrial capacities and population occupation.

3. The management of the FEZ “Gomel-Raton” for achieving its establishment objectives and solving set tasks is carried out by the Administration of the FEZ “Gomel-Raton”.

With a view of effective regulation of property relations, the property being into the republic ownership may be transferred to the Administration of the FEZ “Gomel-Raton” into the operative management.

The disposal of state property objects being into the operative management of the Administration of the FEZ “Gomel-Raton” is carried out with regard to the restrictions established by the legislation of the Republic of Belarus. Meanwhile, the Administration of the FEZ “Gomel-Raton” takes the decision about renting state property objects being into the operative management of the Administration to residents of the FEZ “Gomel-Raton” independently.

4. Investment and entrepreneurial activity in the FEZ “Gomel-Raton” under the conditions of the special legal status is carried out by residents of the FEZ “Gomel-Raton”.

5. For consideration of the issue about the registration as the FEZ “Gomel-Raton” resident of the applicant, legal person or individual entrepreneur (hereinafter – the applicant), the following documents shall be submitted to the administration of the FEZ “Gomel-Raton”:

application according to the form approved by the administration of the FEZ “Gomel-Raton”;

copies of constituent documents certified in the established order with presentation of originals of the documents (for legal persons);

copy of the state registration certificate with presentation of the original of the document;

business plan of the investment project according to the form approved by the administration of the FEZ “Gomel-Raton”. The business plan of a legal persons which is subordinated to or shares of which (stakes in which) are transferred into the management to a republic body of state administration, other state organization subordinated to the Government of the Republic of Belarus or to the Gomel Regional Executive Committee shall be agreed by such body of state administration or organization;

payment document confirming the payment of the state duty for the registration as the free economic zone resident in the established amount.

6. The investment project, in accordance with its business projects, shall specify:

volume of investments into the implementation of the investment project in the amount of the sum equivalent to not less than 1 Mln. Euro, unless otherwise established by part two this clause;

creation and/or development of an export-oriented and/or import-substituting production.

The investment project may stipulate, in accordance with its business plan, an amount of investments in a sum a sum equivalent to not less than 500 thousand Euro, provided that investments in the indicated volume will be carried out within three years from the day of conclusion of the contract on activity conditions in the FEZ "Gomel-Raton".

7. The consideration of the documents submitted by the applicant is carried out by the Administration of the FEZ “Gomel-Raton” within the term not exceeding 14 working days. The said term may be prolonged in the case of holding a competitive bidding in accordance with clause 11 of these Regulations.

8. According to the results of consideration of the submitted documents, a draft contract on activity conditions in the FEZ “Gomel-Raton” is sent to the applicant to take decision about the registration as its resident and to conclude such a contract.

The form of the contract on activity conditions in the FEZ “Gomel-Raton” is approved by its Administration.

This contract shall be concluded within 5 days from the date of receipt of its draft by the applicant, but not later than one month from the date of its sending to the applicant.

The said contract is concluded (prolonged) for the term of implementation of the investment specified in the business plan.

The applicant is registered as the FEZ “Gomel-Raton” resident on the day of conclusion of the contract on activity conditions in the FEZ “Gomel-Raton” for the term of the validity of that contract. The certificate of registration as the FEZ "Gomel-Raton" resident is formalized in the form according to the annex to the Resolution which approved these Regulations and is sent (given in) to the resident of the FEZ “Gomel-Raton” within 3 days from the date of its registration as resident.

9. The grounds for taking decision about the refusal of registration as the FEZ “Gomel-Raton” resident are:

non-submission to the Administration of the FEZ “Gomel-Raton” of documents specified in clause 5 of these Regulations;

incompliance of the investment project specified in the business plan with the conditions indicated in clause 6 of these Regulations and other acts of legislation;

location of the applicant outside the boundaries of the FEZ “Gomel-Raton”;

non-conclusion of the contract on activity conditions in the FEZ “Gomel-Raton” within the time-limits set by these Regulations;

absence of industrial premises and/or land plot in the amount required for the implementation of the investment project within the boundaries of the FEZ “Gomel-Raton”;

recognition of the applicant as having lost the competitive bidding in accordance with clause 11 of these Regulations.

10. When taking the decision about the refusal of the registration as the FEZ “Gomel-Raton” resident, its Administration is obliged to notify the applicant in writing about the decision taken with indication of grounds for the refusal, within 3 working days.

In this case the contract on activity conditions in the FEZ “Gomel-Raton” is not concluded, the state duty paid for the registration as its resident is to be returned in the order established by the legislative acts of the Republic of Belarus, and the decision about the refusal of the registration as the FEZ “Gomel-Raton” resident may be appealed against in the established order in the court.

11. When there are two and more applicants with investment projects providing for creation and development of similar productions or with investment projects declared for the implementation in the same non-occupied land plot or industrial premises, the Administration of the FEZ "Gomel-Raton" holds a competitive bidding which is announced in the mass media 14 days prior to its holding.

The subject matter of the competitive bidding, conditions and order of its holding are determined by the FEZ “Gomel-Raton” Administration in agreement with the Gomel Regional Executive Committee.

The contract on activity conditions in the FEZ “Gomel-Raton” is concluded with the winner of the competitive bidding, which is to be registered as the FEZ “Gomel-Raton” resident within 5 working days from the day of announcing the results of the competitive bidding.

12.  [Excluded]

13. The FEZ "Gomel-Raton" residents of all forms of ownership form independently production programs and business plans, ensuring their compliance with conditions of the contracts on activity conditions in the FEZ "Gomel-Raton", concluded by them.

14. The FEZ "Gomel-Raton" resident is obliged to send to the FEZ "Gomel-Raton" Administration a respective notice when changing its location or name of the legal person (last name, first name and patronymic of the individual entrepreneur) with presentation of copies of confirming documents, within 10 working days.

The FEZ "Gomel-Raton" Administration prepares, if necessary, an additional agreement to the contract on activity conditions in the FEZ “Gomel-Raton” and formalize a new certificate of registration as the FEZ “Gomel-Raton” resident, with the exception of the cases, when such changes entails the loss of the resident status.

The new certificate of registration as the FEZ “Gomel-Raton” resident with preservation of the former term of registration is issued after the return of the certificate which had been issued earlier and the conclusion of the additional agreement to the contract on activity conditions in the FEZ “Gomel-Raton”.

15. The FEZ "Gomel-Raton" Administration controls, on the permanent basis, the fulfilment of concluded contracts on activity conditions in the FEZ “Gomel-Raton” by its residents and the course of implementation of investment projects, including through visiting, if necessary, construction, industrial and other objects of the FEZ “Gomel-Raton” residents, located in it.

For these purposes the FEZ "Gomel-Raton" Administration is guided by the data of statistical, accounting and other reports, explanations of  the FEZ “Gomel-Raton” residents, and also develops and takes, jointly with them, other measures on ensuring the fulfilment of the contract on activity conditions in the FEZ “Gomel-Raton”.

 

APPROVED

Resolution of the Council of Ministers

of the Republic of Belarus

No. 657 of May 21, 2009

 

REGULATIONS

on the Free Economic Zone “Grodnoinvest”

 

1. These Regulations determine legal grounds for functioning of the Free Economic Zone “Grodnoinvest” (hereinafter – the FEZ “Grodnoinvest”).

2. The tasks of the FEZ “Grodnoinvest” are:

creating favourable conditions for attraction of national and foreign investments into the economy of the Grodno region;

developing industry and expanding volume of the export of goods (works, services);

creating and developing new import-substituting industries;

performing restructuring and modernization of operating industries using modern scientific and innovative designs and new progressive and high technologies;

increasing effectiveness of industrial potential, engineering and transport infrastructure;

reactivation of non-used industrial capacities and unfinished construction objects;

introducing progressive resources- and energy-saving technologies into the economy of the region.

3. The management of the FEZ “Grodnoinvest” for achieving its establishment objectives and solving set tasks is carried out by the Administration of the FEZ “Grodnoinvest”.

With a view of effective regulation of property relations, the property being into the republic ownership may be transferred to the Administration of the FEZ “Grodnoinvest” into the operative management.

The disposal of state property objects being into the operative management of the Administration of the FEZ “Grodnoinvest” is carried out with regard to the restrictions established by the legislation of the Republic of Belarus. Meanwhile, the Administration of the FEZ “Brest” takes the decision about renting state property objects being into the operative management of the Administration to residents of the FEZ “Grodnoinvest” independently.

4. Investment and entrepreneurial activity in the FEZ “Grodnoinvest” under the conditions of the special legal status is carried out by residents of the FEZ “Grodnoinvest”.

5. For consideration of the issue about the registration as the FEZ “Grodnoinvest” resident of the applicant, legal person or individual entrepreneur (hereinafter – the applicant), the following documents shall be submitted to the administration of the FEZ “Grodnoinvest”:

application according to the form approved by the administration of the FEZ “Grodnoinvest”;

copies of constituent documents certified in the established order with presentation of originals of the documents (for legal persons);

copy of the state registration certificate with presentation of the original of the document;

business plan of the investment project according to the form approved by the administration of the FEZ “Grodnoinvest”. The business plan of a legal persons which is subordinated to or shares of which (stakes in which) are transferred into the management to a republic body of state administration, other state organization subordinated to the Government of the Republic of Belarus or to the Gomel Regional Executive Committee shall be agreed by such body of state administration or organization;

payment document confirming the payment of the state duty for the registration as free economic zone resident in the established amount.

6. The investment project, in accordance with its business projects, shall specify:

volume of investments into the implementation of the investment project in the amount of the sum equivalent to not less than 1 Mln. Euro, unless otherwise established by part two this clause;

creation and/or development of an export-oriented and/or import-substituting production.

The investment project may stipulate, in accordance with its business plan, an amount of investments in a sum a sum equivalent to not less than 500 thousand Euro, provided that investments in the indicated volume will be carried out within three years from the day of conclusion of the contract on activity conditions in the FEZ "Grodnoinvest".

7. The consideration of the documents submitted by the applicant is carried out by the Administration of the FEZ “Grodnoinvest” within the term not exceeding 14 working days. The said term may be prolonged in the case of holding a competitive bidding in accordance with clause 11 of these Regulations.

8. According to the results of consideration of the submitted documents, a draft contract on activity conditions in the FEZ “Grodnoinvest” is sent to the applicant to take decision about the registration as its resident and to conclude such a contract.

The form of the contract on activity conditions in the FEZ “Grodnoinvest” is approved by its Administration.

This contract shall be concluded within 5 days from the date of receipt of its draft by the applicant, but not later than one month from the date of its sending to the applicant.

The said contract is concluded (prolonged) for the term of implementation of the investment specified in the business plan.

The applicant is registered as resident of the FEZ “Grodnoinvest” on the day of conclusion of the contract on activity conditions in the FEZ “Grodnoinvest” for the term of the validity of that contract. The certificate of registration as the FEZ "Grodnoinvest" resident is formalized in the form according to the annex to the Resolution which approved these Regulations and is sent (given in) to the resident of the FEZ “Grodnoinvest” within 3 days from the date of its registration as resident.

9. The grounds for taking decision about the refusal of registration as the FEZ “Grodnoinvest” resident are:

non-submission to the Administration of the FEZ “Grodnoinvest” of documents specified in clause 5 of these Regulations;

incompliance of the investment project specified in the business plan with the conditions indicated in clause 6 of these Regulations and other acts of legislation;

location of the applicant outside the boundaries of the FEZ “Grodnoinvest”;

non-conclusion of the contract on activity conditions in the FEZ “Grodnoinvest” within the time-limits set by these Regulations;

absence of industrial premises and/or land plot in the amount required for the implementation of the investment project within the boundaries of the FEZ “Grodnoinvest”;

recognition of the applicant as having lost the competitive bidding in accordance with clause 11 of these Regulations.

10. When taking the decision about the refusal of the registration as the FEZ “Grodnoinvest” resident, its Administration is obliged to notify the applicant in writing about the decision taken with indication of grounds for the refusal, within 3 working days.

In this case the contract on activity conditions in the FEZ “Grodnoinvest” is not concluded, the state duty paid for the registration as its resident is to be returned in the order established by the legislative acts of the Republic of Belarus, and the decision about the refusal of the registration as the FEZ “Grodnoinvest” resident may be appealed against in the established order in the court.

11. When there are two and more applicants with investment projects providing for creation and development of similar productions or with investment projects declared for the implementation in the same non-occupied land plot or industrial premises, the Administration of the FEZ "Grodnoinvest" holds a competitive bidding which is announced in the mass media 14 days prior to its holding.

The subject matter of the competitive bidding, conditions and order of its holding are determined by the FEZ “Grodnoinvest” Administration in agreement with the Grodno Regional Executive Committee.

The contract on activity conditions in the FEZ “Grodnoinvest” is concluded with the winner of the competitive bidding, which is registered as the FEZ “Grodnoinvest” resident within 5 working days from the day of announcing the results of the competitive bidding.

12.  [Excluded]

13. The FEZ "Grodnoinvest" residents of all forms of ownership form independently production programs and business plans, ensuring their compliance with the contracts on activity conditions in the FEZ "Grodnoinvest", concluded by them.

14. The FEZ "Grodnoinvest" resident is obliged to send to the FEZ "Grodnoinvest" Administration a respective notice when changing its location or name of the legal person (last name, first name and patronymic of the individual entrepreneur, with presentation of copies of confirming documents, within 10 working days.

The FEZ "Grodnoinvest" Administration prepares, if necessary, an additional agreement to the contract on activity conditions in the FEZ “Grodnoinvest” and formalize a new certificate of registration as the FEZ “Grodnoinvest” resident, with the exception of the cases, when such changes entails the loss of the resident status.

The new certificate of registration as the FEZ “Grodnoinvest” resident with preservation of the former term of registration is issued after the return of the certificate which had been issued earlier and the conclusion of the additional agreement to the contract on activity conditions in the FEZ “Grodnoinvest”.

15. The FEZ "Grodnoinvest" Administration controls, on the permanent basis, the fulfilment of concluded contracts on activity conditions in the FEZ “Grodnoinvest” by its residents, including through visiting, if necessary, construction, industrial and other objects of the FEZ “Grodnoinvest” residents, located in it.

For these purposes the FEZ "Grodnoinvest" Administration is guided by the data of statistical, accounting and other reports, explanations of  the FEZ “Grodnoinvest” residents, and also develops and takes, jointly with them, other measures on ensuring the fulfilment of the contract on activity conditions in the FEZ “Grodnoinvest”.

 

APPROVED

Resolution of the Council of Ministers

of the Republic of Belarus

No. 657 of May 21, 2009

 

REGULATIONS

on the Free Economic Zone “Minsk”

 

1. These Regulations determine legal grounds for functioning of the Free Economic Zone “Minsk” (hereinafter – the FEZ “Minsk”).

2. The tasks of the FEZ “Minsk” are:

developing industry, expanding volumes of commerce and export, increasing influx of currency, introducing newest technologies and progressive managerial skills;

increasing business activity, competiveness and export potential of the domestic economy, performing modernization of operating industries, facilitating their reforming using progressive technologies of production organization and management;

development of export-oriented and import-substituting industries based on new and high technologies;

developing mechanisms for creating favourable investment climate, performing structural rebuilding of the national economy and its integration into world economic relations, adaptation for conditions of market economy management with consequent transformation on other territories of the republic;

development of commercial and economic cooperation with other states, expansion of international trade exchange through the Republic of Belarus;

increasing ratio load of the National airport Minsk, further developing air traffic, creating preconditions for accelerated development of a transnational (automobile, railroad and air) traffic centre

involving in productive activity of non-used property, non-traditional natural resources and energy sources, developing and ensuring effective use of existing engineering and transport infrastructure;

performing rehabilitation and restructuring of individual objects, increasing load ratio of existing industrial capacities and population occupation.

3. The management of the FEZ “Minsk” for achieving its establishment objectives and solving set tasks is carried out by the Administration of the FEZ “Minsk”.

With a view of effective regulation of property relations, the property being into the republic ownership may be transferred to the Administration of the FEZ “Minsk” into the operative management.

The disposal of state property objects being into the operative management of the Administration of the FEZ “Minsk” is carried out with regard to the restrictions established by the legislation of the Republic of Belarus. Meanwhile, the Administration of the FEZ “Minsk” takes the decision about renting state property objects being into the operative management of the Administration to residents of the FEZ “Minsk” independently.

4. Investment and entrepreneurial activity in the FEZ “Minsk” under the conditions of the special legal status is carried out by residents of the FEZ “Minsk”.

5. For consideration of the issue about the registration as the FEZ “Minsk” resident of the applicant, legal person or individual entrepreneur (hereinafter – the applicant), the following documents shall be submitted to the administration of the FEZ “Minsk”:

application according to the form approved by the Administration of the FEZ “Minsk”;

copies of constituent documents certified in the established order with presentation of originals of the documents (for legal persons);

copy of the state registration certificate with presentation of the original of the document;

business plan of the investment project according to the form approved by the administration of the FEZ “Minsk”. The business plan of a legal persons which is subordinated to or shares of which (stakes in which) are transferred into the management to a republic body of state administration, other state organization subordinated to the Government of the Republic of Belarus or to the Minsk Regional Executive Committee (Minsk City Executive Committee) shall be agreed by such body of state administration or organization;

payment document confirming the payment of the state duty for the registration as the free economic zone resident in the established amount.

6. The investment project, in accordance with its business projects, shall specify:

volume of investments into the implementation of the investment project in the amount of the sum equivalent to not less than 1 Mln. Euro, unless otherwise established by part two this clause;

creation and/or development of an export-oriented and/or import-substituting production.

The investment project may stipulate, in accordance with its business plan, an amount of investments in a sum a sum equivalent to not less than 500 thousand Euro, provided that investments in the indicated volume will be carried out within three years from the day of conclusion of the contract on activity conditions in the FEZ "Minsk".

7. The consideration of the documents submitted by the applicant is carried out by the Administration of the FEZ “Minsk” within the term not exceeding 14 working days. The said term may be prolonged in the case of holding a competitive bidding in accordance with clause 11 of these Regulations.

8. According to the results of consideration of the submitted documents, a draft contract on activity conditions in the FEZ “Minsk” is sent to the applicant to take decision about the registration as its resident and to conclude such a contract.

The form of the contract on activity conditions in the FEZ “Minsk” is approved by its Administration.

This contract shall be concluded within 5 days from the date of receipt of its draft by the applicant, but not later than one month from the date of its sending to the applicant.

The said contract is concluded (prolonged) for the term of implementation of the investment specified in the business plan.

The applicant is registered as resident of the FEZ “Minsk” on the day of conclusion of the contract on activity conditions in the FEZ “Minsk” for the term of the validity of that contract. The certificate of registration as the FEZ "Minsk" resident is formalized in the form according to the annex to the Resolution which approved these Regulations and is sent (given in) to the resident of the FEZ “Minsk” within 3 days from the date of its registration as resident.

9. The grounds for taking decision about the refusal of registration as the FEZ “Minsk” resident are:

non-submission to the Administration of the FEZ “Minsk” of documents specified in clause 5 of these Regulations;

incompliance of the investment project specified in the business plan with the conditions indicated in clause 6 of these Regulations and other acts of legislation;

location of the applicant outside the boundaries of the FEZ “Minsk”;

non-conclusion of the contract on activity conditions in the FEZ “Minsk” within the time-limits set by these Regulations;

absence of industrial premises and/or land plot in the amount required for the implementation of the investment project within the boundaries of the FEZ “Minsk”;

recognition of the applicant as having lost the competitive bidding in accordance with clause 11 of these Regulations.

10. When taking the decision about the refusal of the registration as the FEZ “Minsk” resident, its Administration is obliged to notify the applicant in writing about the decision taken with indication of grounds for the refusal, within 3 working days.

In this case the contract on activity conditions in the FEZ “Minsk” is not concluded, the state duty paid for the registration as its resident is to be returned in the order established by the legislative acts of the Republic of Belarus, and the decision about the refusal of the registration as the FEZ “Minsk” resident may be appealed against in the established order in the court.

11. When there are two and more applicants with investment projects providing for creation and development of similar productions or with investment projects declared for the implementation in the same non-occupied land plot or industrial premises, the Administration of the FEZ "Minsk" holds a competitive bidding which is announced in the mass media 14 days prior to its holding.

The subject matter of the competitive bidding, conditions and order of its holding are determined by the FEZ “Minsk” Administration in agreement with the Minsk Regional Executive Committee (Minsk City Executive Committee).

The contract on activity conditions in the FEZ “Minsk” is concluded with the winner of the competitive bidding, which is to be registered as the FEZ “Minsk” resident within 5 working days from the day of announcing the results of the competitive bidding.

12.  [Excluded]

13. The FEZ "Minsk" residents of all forms of ownership form independently production programs and business plans, ensuring their compliance with the contracts on activity conditions in the FEZ "Minsk", concluded by them.

14. The FEZ "Minsk" resident is obliged to send to the FEZ "Minsk" Administration a respective notice when changing its location or name of the legal person (last name, first name and patronymic of the individual entrepreneur, with presentation of copies of confirming documents, within 10 working days.

The FEZ "Minsk" Administration prepares, if necessary, an additional agreement to the contract on activity conditions in the FEZ “Minsk” and formalize a new certificate of registration as the FEZ “Minsk” resident, with the exception of the cases, when such changes entails the loss of the resident status.

The new certificate of registration as the FEZ “Minsk” resident with preservation of the former term of registration is issued after the return of the certificate which had been issued earlier and the conclusion of the additional agreement to the contract on activity conditions in the FEZ “Minsk”.

15. The FEZ "Minsk" Administration controls, on the permanent basis, the fulfilment of concluded contracts on activity conditions in the FEZ “Minsk” by its residents, including through visiting, if necessary, construction, industrial and other objects of the FEZ “Minsk” residents, located in it.

For these purposes the FEZ "Minsk" Administration is guided by the data of statistical, accounting and other reports, explanations of  the FEZ “Minsk” residents, and also develops and takes, jointly with them, other measures on ensuring the fulfilment of the contract on activity conditions in the FEZ “Minsk”.

 

APPROVED

Resolution of the Council of Ministers

of the Republic of Belarus

No. 657 of May 21, 2009

 

REGULATIONS

on the Free Economic Zone “Moguilev”

 

1. These Regulations determine legal grounds for functioning of the Free Economic Zone “Moguilev” (hereinafter – the FEZ “Moguilev”).

2. The tasks of the FEZ “Moguilev” are:

developing industry, expanding volumes of export, introducing progressive managerial skills, producing and realizing import-substituting products according to the list approved by the Council of Ministers of the Republic of Belarus;

developing mechanisms for creating favourable investment climate for structural rebuilding of the national economy, complex use of national and foreign investments;

using effectively existing  industrial capacity, engineering and transport infrastructure, reconstruction of single production objects.

3. The management of the FEZ “Moguilev” for achieving its establishment objectives and solving set tasks is carried out by the Administration of the FEZ “Moguilev”.

With a view of effective regulation of property relations, the property being into the republic ownership may be transferred to the Administration of the FEZ “Moguilev” into the operative management.

The disposal of state property objects being into the operative management of the Administration of the FEZ “Moguilev” is carried out with regard to the restrictions established by the legislation of the Republic of Belarus. Meanwhile, the Administration of the FEZ “Moguilev” takes the decision about renting state property objects being into the operative management of the Administration to residents of the FEZ “Moguilev” independently.

4. Investment and entrepreneurial activity in the FEZ “Moguilev” under the conditions of the special legal status is carried out by residents of the FEZ “Moguilev”.

5. For consideration of the issue about the registration as the FEZ “Moguilev” resident of the applicant, legal person or individual entrepreneur (hereinafter – the applicant), the following documents shall be submitted to the administration of the FEZ “Moguilev”:

application according to the form approved by the administration of the FEZ “Moguilev”;

copies of constituent documents certified in the established order with presentation of originals of the documents (for legal persons);

copy of the state registration certificate with presentation of the original of the document;

business plan of the investment project according to the form approved by the administration of the FEZ “Moguilev”. The business plan of a legal persons which is subordinated to or shares of which (stakes in which) are transferred into the management to a republic body of state administration, other state organization subordinated to the Government of the Republic of Belarus or to the Moguilev Regional Executive Committee shall be agreed by such body of state administration or organization;

payment document confirming the payment of the state duty for the registration as free economic zone resident in the established amount.

6. The investment project, in accordance with its business projects, shall specify:

volume of investments into the implementation of the investment project in the amount of the sum equivalent to not less than 1 Mln. Euro, unless otherwise established by part two this clause;

creation and/or development of an export-oriented and/or import-substituting production.

The investment project may stipulate, in accordance with its business plan, an amount of investments in a sum a sum equivalent to not less than 500 thousand Euro, provided that investments in the indicated volume will be carried out within three years from the day of conclusion of the contract on activity conditions in the FEZ "Moguilev".

7. The consideration of the documents submitted by the applicant is carried out by the Administration of the FEZ “Moguilev” within the term not exceeding 14 working days. The said term may be prolonged in the case of holding a competitive bidding in accordance with clause 11 of these Regulations.

8. According to the results of consideration of the submitted documents, a draft contract on activity conditions in the FEZ “Moguilev” is sent to the applicant to take decision about the registration as its resident and to conclude such a contract.

The form of the contract on activity conditions in the FEZ “Moguilev” is approved by its Administration.

This contract on activity conditions in the FEZ “Moguilev” shall be concluded within 5 days from the date of receipt of its draft by the applicant, but not later than one month from the date of its sending to the applicant.

The said contract is concluded (prolonged) for the term of implementation of the investment specified in the business plan.

The applicant is registered as resident of the FEZ “Moguilev” on the day of conclusion of the contract on activity conditions in the FEZ “Moguilev” for the term of the validity of that contract. The certificate of registration as the FEZ "Moguilev" resident is formalized in the form according to the annex to the Resolution which approved these Regulations and is sent (given in) to the resident of the FEZ “Moguilev” within 3 days from the date of its registration as resident.

9. The grounds for taking decision about the refusal of registration as the FEZ “Moguilev” resident are:

non-submission to the Administration of the FEZ “Moguilev” of documents specified in clause 5 of these Regulations;

incompliance of the investment project specified in the business plan with the conditions indicated in clause 6 of these Regulations and other acts of legislation;

location of the applicant outside the boundaries of the FEZ “Moguilev”;

non-conclusion of the contract on activity conditions in the FEZ “Moguilev” within the time-limits set by these Regulations;

absence of industrial premises and/or land plot in the amount required for the implementation of the investment project within the boundaries of the FEZ “Moguilev”;

recognition of the applicant as having lost the competitive bidding in accordance with clause 11 of these Regulations.

10. When taking the decision about the refusal of the registration as the FEZ “Moguilev” resident, its Administration is obliged to notify the applicant in writing about the decision taken with indication of grounds for the refusal, within 3 working days.

In this case the contract on activity conditions in the FEZ “Moguilev” is not concluded, the state duty paid for the registration as its resident is to be returned in the order established by the legislative acts of the Republic of Belarus, and the decision about the refusal of the registration as the FEZ “Moguilev” resident may be appealed against in the established order in the court.

11. When there are two and more applicants with investment projects providing for creation and development of similar productions or with investment projects declared for the implementation in the same non-occupied land plot or industrial premises, the Administration of the FEZ "Moguilev" holds a competitive bidding which is announced in the mass media 14 days prior to its holding.

The subject matter of the competitive bidding, conditions and order of its holding are determined by the FEZ “Moguilev” Administration in agreement with the Moguilev Regional Executive Committee.

The contract on activity conditions in the FEZ “Moguilev” is concluded with the winner of the competitive bidding, which is registered as the FEZ “Moguilev” resident within 5 working days from the day of announcing the results of the competitive bidding.

12.  [Excluded]

13. The FEZ "Moguilev" residents of all forms of ownership form independently production programs and business plans, ensuring their compliance with the contracts on activity conditions in the FEZ "Moguilev", concluded by them.

14. The FEZ "Moguilev" resident is obliged to send to the FEZ "Moguilev" Administration a respective notice when changing its location or name of the legal person (last name, first name and patronymic of the individual entrepreneur, with presentation of copies of confirming documents, within 10 working days.

The FEZ "Moguilev" Administration prepares, if necessary, an additional agreement to the contract on activity conditions in the FEZ “Moguilev” and formalize a new certificate of registration as the FEZ “Moguilev” resident, with the exception of the cases, when such changes entails the loss of the resident status.

The new certificate of registration as the FEZ “Moguilev” resident with preservation of the former term of registration is issued after the return of the certificate which had been issued earlier and the conclusion of the additional agreement to the contract on activity conditions in the FEZ “Moguilev”.

15. The FEZ "Moguilev" Administration controls, on the permanent basis, the fulfilment of concluded contracts on activity conditions in the FEZ “Moguilev” by its residents, including through visiting, if necessary, construction, industrial and other objects of the FEZ “Moguilev” residents, located in it.

For these purposes the FEZ "Moguilev" Administration is guided by the data of statistical, accounting and other reports, explanations of  the FEZ “Moguilev” residents, and also develops and takes, jointly with them, other measures on ensuring the fulfilment of the contract on activity conditions in the FEZ “Moguilev”.

 

* unofficial translation *