(Unofficial translation)

 

Resolution of the Council of Ministers of the Republic of Belarus

No 1189 of December 31, 2013

[Amended as of August 11, 2017]

On Approval of the Regulations on the order of opening and activity in the Republic of Belarus of representative offices of foreign organizations
 and on introduction of changes and additions into Resolution of the Council of Ministers of the Republic of Belarus of February 17, 2012 No. 156
and recognition as ineffective of some resolutions of the Council of Ministers of the Republic of Belarus and their certain structural elements

The Council of Ministers of the Republic of Belarus has resolved:

1. To approve the annexed Regulations on the order of opening and activity in the Republic of Belarus of representative offices of foreign organizations.

2.  [Translation not provided]

3. To recognize as ineffective resolutions of the Council of Ministers of the Republic of Belarus and their certain structural elements according to the Annex [translation not provided].

4. Republican bodies of state administration shall, within a one-month period, bring their normative legal acts in compliance with this Resolution and take other measures for its implementation.

5. 4. This Resolution enters into force from January 1, 2014.

The effect of this Resolution does not expand to administrative procedures on issuance (extension of the validity period) of authorizations to open representative offices of foreign organizations in the Republic of Belarus, which have begun prior to the entry into force of this Resolution.  Such administrative procedures shall be carried out in accordance with the legislation being in effect prior to the entry into force of this Resolution.

Authorizations to open representative offices of foreign organizations in the Republic of Belarus issued prior to the entry into force of this Resolution on the basis of decisions on administrative procedures specified in part two of this clause shall be in effect until the expiration of the period for which they have been issued, with the exception of cases of termination of activity of representative offices of foreign organizations on grounds provided by this Resolution.

 

Prime Minister of the Republic of Belarus

M.Miasnikovich

 

 

APPROVED

Resolution of the Council of Ministers of the Republic of Belarus of December 31, 2013 No. 1189

Regulations
on the order of opening and activity in the Republic of Belarus of representative offices of foreign organizations

1. These Regulations are prepared in accordance with clause 2 of Article 511 of the Civil Code of the Republic of Belarus and establish the order opening and activity in the Republic of Belarus of representative offices of foreign organizations.

2. Legal persons and other organizations registered in the established order in a foreign state, administration bodies of administrative and territorial units of foreign states (hereinafter - foreign organizations) are entitled to open in the territory of the Republic of Belarus their representative offices (hereinafter – representative office of the foreign organization, representative office) on the basis of authorizations being issued by the Ministry of Foreign Affairs, unless otherwise established by the legislation acts.

A representative office of the foreign organization is its separate division located in the territory of the Republic of Belarus, carrying out protection and representation of interests of the foreign organization and other functions not contradicting the legislation.

A representative office of the foreign organization is not a legal person.

3. A representative office of a non-commercial foreign organization may be opened only for purposes of carrying out by the representative office in the name and on behalf of the foreign organization being represented thereby of:

3.1. social support and protection of citizens, including improvement of material situation of low-income persons, social rehabilitation of unemployed, disabled persons and other persons who because of their physical and intellectual specific features, other circumstances are not capable to realized by their own their rights and legitimate interests;

3.2. preparation of the population for prevention of accidents, industrial accident, another dangerous situation of a technogenic nature, catastrophe, dangerous natural phenomena, natural or other disaster, social, ethnic, religious conflicts and rendering aid in overcoming their consequences, and also to victims of repressions, refugees and forced migrants;

3.3. facilitation of:

strengthening of peace and concord among peoples, prevention of social, ethnic and religious conflicts;

strengthening the prestige of the family in society;

protection of motherhood, paternity and childhood;

activity in the sphere of education, science, culture, art, enlightenment, spiritual development of personality;

activity in the sphere of prevention and protection of public health, as well as encouraging a healthy lifestyle, improvement of the moral and psychological state of citizens;

activity in the sphere of physical culture and mass sports;

3.4. environmental protection and animal protection;

3.5. protection and proper maintenance of buildings, structures, other objects and territories having historic, cultural, cultic or environmental significance and places of burial;

3.6. other socially useful activity.

For purposes of facilitation of carrying out international cooperation in the educational sphere, including of conclusion of contracts on cooperation between organizations of the education system of the Republic of Belarus, study of operational experience of organizations of the education system of  the Republic of Belarus, promoting exchange of experience and information in the sphere of education and science, carrying out of advertising and information work on covering educational activities of foreign education organisations, representative offices of foreign education organization may be opened.

Issuance of an authorization to open a representation of a non-commercial foreign organization for purposes of carrying out other socially useful activity than specified in sub-clauses 3.1 – 3.5 of part one of this clause shall be carried out by the Ministry of Foreign Affairs upon consent of interested state bodies of the Republic of Belarus.

4. A representative office of a commercial foreign organization may be opened unless otherwise established by treaties concluded by the Republic of Belarus or by legislative acts of the Republic of Belarus only for purposes of carrying out by the representative office in the name and on behalf of the foreign organization represented thereby activity of  preparatory and auxiliary character, including on:

effective facilitation of implementation of treaties of the Republic of Belarus on cooperation in the sphere of trade, economy, finances, science and technology, transport, search for opportunities for its further development, improvement of forms of this cooperation, establishing and expanding of the exchange of economic, commercial and scientific and technical information;

study of commodity markets of the Republic of Belarus;

study of opportunities for carrying out investments in the territory of the Republic of Belarus;

creation of commercial organizations with participation of foreign investors;

sale of tickets and reservation of places  of companies of aviation, railway, motor and sea transport;

other socially useful activity.

Issuance of an authorization to open a representation of a commercial foreign organization for purposes of carrying out other socially useful activity than specified in indents two – six of part one of this clause shall be carried out by the Ministry of Foreign Affairs upon consent of interested state bodies of the Republic of Belarus.

5. It is not allowed to create representative offices of foreign organizations the activity of which is aimed at overthrowing or forcible alteration of the constitutional order, violation of the integrity and security of the state, propaganda of war, violence, incitement of national, religious and racial hostility, as well as activity of which may cause damage to rights and legitimate interests of citizens.

6. A representative office is deemed to be created and has the right to carry out in the territory of the Republic of Belarus activity aimed at achieving goals for which it has been opened from the date of obtaining the authorization for its opening. That date shall be indicated on the reverse side of the authorization for opening the representative office and be fixed in the ledger of representative offices created in the territory of the Republic of Belarus, which shall be maintained in the order determined by the Ministry of Foreign Affairs.

7. Representation of interests of a foreign organization by persons sent to the Republic of Belarus on an official journey for holding talks may be carried out without opening a representative office.

8. For obtaining an authorization to open a representative office, the foreign organization shall submit to the Ministry of Foreign Affairs the following documents:

1) application which shall indicate:

goal (goals) of opening of the representative office;

full name of the foreign organization;

date of creation of the foreign organization;

place of location of the headquarters of the foreign organization;

description of activities of the foreign organization;

data about persons authorized to conduct business on behalf of the foreign organization in the Republic of Belarus;

2) copy of a document confirming the state representation of the foreign organization in an authorized body of the country of foundation of the organization, issued not later than three months to the day of submission to the Ministry of Foreign Affairs of the documents for issuance of the authorization to open the representative office;

3) regulations about the representative office approved by the foreign organization, which shall indicate the goal (goals) of opening of the representative office, its postal address, organizational structure, competence of the head of the representative office, order of closing of the representative office;

4) program (project) – a complex of arrangements aimed at solving specific tasks that correspond to the goals of opening of the representative office, providing time limits and resources for their implementation, approved by the foreign organization and corresponding to the priority directions of its activity (for foreign organizations that plan to carry out socially useful activity in the Republic of Belarus);

5) power of attorney for the head of the representative office;

6) power of attorney for a person authorized to carry out actions connected with the opening of the representative office;

7) document confirming the payment of the state duty for issuance of the authorization to open the representative office;.

Documents specified in clauses 2 – 6 of part one of this clause, drawn up in a foreign language must be accompanied by a translation in Byelorussian or Russian language (accuracy of the translation or authenticity of the signature of the interpreter must be certified by a notary), documents issued or attested (certified) by a competent body of the foreign state – legalized, unless otherwise provided by treaties of the Republic of Belarus.

9. An authorization to open the representative office shall be issued for three years with a possibility of extension of its validity for the same period. For extension of the validity period of the authorization to open the representative office, the foreign organization must, not later than ten days prior to the date of its expiration, submit to the Ministry of Foreign Affairs an application and a document confirming the payment of the state duty for extension of the validity period of the authorization to open the representative office.

10. Issuance (extension of the validity period) of the authorization to open the representative office of the foreign organization shall be carried out by the Ministry of Foreign Affairs within ten days from the date of submission by the applicant of documents specified in clauses 8 and 9 of these Regulations, accordingly. In case of necessity of sending by the Ministry of Foreign Affairs a request to other state bodies, organizations, the given period is extended to one month.

11. The authorization to open a representative office of the foreign organization shall indicate:

name of the foreign organization;

name of the representative office (with indication of the name and organizational and legal form of the foreign organization, and also of the state in which the foreign organization is founded);

date of issuance and number of the authorization;

period for which the authorization is issued;

number of foreign citizens and stateless persons – workers of the representative office (must not exceed five persons).

12. In case of change of the name or organizational and legal form of the foreign organization that opened the representative office, the head of that representative office must apply within one-month period to the Ministry of Foreign Affairs for obtaining the authorization to open the representative office in the order established by clause 8 of these Regulations.

In case of loss (theft), unfitness to use of the authorization to open the representative office, its duplicate may be issued upon the application of that organization. The application must indicate the circumstances of the loss (theft) of the authorization issued earlier. Issuance of the duplicate of an authorization issued earlier shall be carried out by the Ministry of Foreign Affairs within ten days from the date of submission of a corresponding application.

13. The foreign organization that opened a representative office is obliged, within the period and in the order determined by legislation of the Republic of Belarus, to be put on record in the tax and other bodies of the Republic of Belarus, and also to open accounts in banks of the Republic of Belarus in the instances and in the order provided for by the legislation.

14. Within the framework of implementation of programs (projects) approved by the foreign organization, representative offices of foreign organization may, on a competitive basis, allocate financial, material and other resources (grants) to social organizations (associations) and natural persons. Allocation of resources (grants) outside programs and projects being implemented is prohibited.

15. The head of the representative office shall:

within one month from the date of obtaining the authorization to open the representative office, send to the Ministry of Foreign Affairs written information on staff list, numbers of phones, faxes of the representative office of the foreign organization, and also on putting of the foreign organization on record in tax and other bodies of the Republic of Belarus;

in case of change of the location of the representative office within ten days, notify the Ministry of Foreign Affairs and other interested state bodies about the new location with indication of its postal address, numbers of phones, faxes, ensure introduction in the regulations on the representative office of corresponding changes and submission thereof to the Ministry of Foreign Affairs in the form of annexes to the given regulations formalized in accordance with requirements established by part tow of clause 8 of these Regulations;

once a year (from 1 to 10 January), submit to the Ministry of Foreign Affairs a written report on activities of the representative office, which shall include data about the location, staff list, numbers of phones, faxes of the representative office, accounts opened by the foreign organization, projects (programs) being implemented by the representative office, periods and resources for their implementation, amount of resources (grants) allocated to social organizations (associations) and citizens and recipients thereof, and also description of activity of the representative office for the expired period;

ensure submission within a ten-day period to the Ministry of Foreign Affairs of a new power of attorney in case of expiration of the validity period of the previous one;

fulfill other duties in accordance with these Regulations and other acts of legislation.

The head of the representative office of the foreign education organization (institution) shall submit a report to the Ministry of Education within the period established in indent four of part one of this clause, which in addition to the information specified in the given indent shall include data about the number of contracts on cooperation with organizations of the education system of the Republic of Belarus, contracts with natural persons for training, concluded with participation of the representative office, about other activity of the representative office according to goals of its opening determined by part one of clause 3 of these Regulations.

In case of non-fulfillment by the head of the representative office of duties established in parts one and two of this clause, the Ministry of Foreign Affairs shall send him a written warning about the necessity to eliminate committed violations in one-month period from the date of sending the warning.

16. The Ministry of Foreign Affairs shall issue a service card to the head of the representative office.

For obtaining a service card the head of the representative office must submit to the Ministry of Foreign Affairs an application and two colour photos corresponding to his age, having the size of 30 x 40 mm.

The issuance of the service card shall be carried out by the Ministry of Foreign Affairs within ten-day period from the date of submission by the applicant of the documents specified in part two of this clause.

In case of termination of powers of the head  of the representative office must return the original of the service card to the Ministry of Foreign Affairs within two working days.

17. Employment in representative offices of foreign organizations shall be carried out in accordance with the legislation of the Republic of Belarus.

18. Activity of the representative office is terminated:

in case of liquidation of the foreign organization that opened the representative office;

in case of termination of the treaty of the Republic of Belarus on the basis of which the representative office has been opened, unless otherwise provided by that treaty;

according to a decision of the foreign organization that opened the representative office;

according to a decision of the Ministry of Foreign Affairs in case of failure of the representative office to carry out activities for which it is opened within six consecutive months from the date of creation of the representative office and also in case of non-fulfillment by the head of the representative office of the requirement established in part three of clause 15 of these Regulations. The notification about the adopted decision shall be sent by the Ministry of Foreign Affairs within 10 working days at the last known postal address of the foreign organization and its representative office;

according to a court judgement in case of other violations of the legislation of the Republic of Belarus;

in case of expiration of the validity period of the authorization to open the representative office, unless it has been extended in the order established by clauses 9 and 10 of these Regulations.

19. The Ministry of Foreign Affairs shall inform monthly the Ministry on Taxes and Dues, the State Customs Committee, the Ministry of Internal Affairs and the Belarus Republic Unitary Insurance Enterprise “Belgosstrakh” about representative offices of foreign organizations, opened and having terminated their activities in the territory of the Republic of Belarus.

20. A foreign organization is obliged to close representative office in the order established by regulations on that representative office and within one-month period thereafter to submit to the Ministry of Foreign Affairs the following documents:

copy of the statement of the bank on closing the current (settlement) account;

extract from the recording data of the tax bodies on computed and paid sums of taxes, dues (duties), penalty interest;

copy of the statement on absence (availability) of non-paid customs payments, penalty interest, interest, and also of non-terminated obligations before customs bodies, issued by the customs bodies;

copy of a document confirming the transfer of documents on the staff personnel of the representative office that terminated its activities to the territorial (city or district one) archive;

original of the authorization to open the representative office.

Copies of documents specified in part one of this clause shall be certified by the stamp of the foreign organization or by the signature of a person authorized to perform actions connected with the termination of activities of the representative office.