(Unofficial translation)

 

Resolution of the Council of Ministers of the Republic of Belarus

May 30, 2018  No 408
[Amended as of August 29, 2019]

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 some resolutions of the Council of Ministers of the Republic of Belarus and recognition as ineffective of some structural elements of resolutions of the Council of Ministers of the Republic of Belarus

On the basis of clause 2 of Article 511 of the Civil Code of the Republic of Belarus, the Council of Ministers of the Republic of Belarus resolves:

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. (Translation not provided)

4. Republican bodies of state administration shall, regional executive committees, the Minsk City Executive Committee shall, within a three-month period, bring their normative legal acts in compliance with this Resolution and take other measures for its implementation.

5. This Resolution enters into force in three months after its official publication, with the exception of clause 4 and 5, which enter into force after the official publication of this Resolution.

This resolution does not apply to administrative procedures for issuing permits for opening representative offices of foreign organizations in the Republic of Belarus (permits for extending the validity period of permits for opening such offices) that began prior to the entry into force of this Resolution. The given administrative procedures shall be carried out in accordance with the legislation being in effect prior to the entry into force of this Resolution.

Permits for the opening of the given representative offices (permits for the extension of the validity periods of permits for opening such offices), issued prior to the entry into force of this Resolution or in accordance with part two of this clause after its entry into force, are valid until the expiry of the period for which they were issued, with the exception of the cases of termination of the activities of the given representative offices on the grounds provided for by this Resolution.

 

Prime Minister of the Republic of Belarus

A. Kobiakov

 

 

APPROVED

Resolution
of the Council of Ministers
of the Republic of Belarus
of May 30, 2018 No. 408

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

1. These Regulations, developed in accordance with clause 2 of Article 511 of the Civil Code of the Republic of Belarus, determine the order of opening and activity in the Republic of Belarus of representative offices of 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).

2. Foreign organizations are entitled to open their representative offices in the territory of the Republic of Belarus (hereinafter - representative offices of foreign organizations) on the basis of decisions on issuing permits for opening representative offices of foreign organizations adopted by a regional executive committee (Minsk City Executive Committee) (hereinafter - executive committees) at the location of the representative office of the foreign organization, unless otherwise established by legislative acts and/or international treaties of the Republic of Belarus.

3. The Ministry of Foreign Affairs shall provide methodological support for the activities of executive committees for issuing permits for opening representative offices of foreign organizations (permits for extending the validity period of permits for opening such representative offices), as well as for terminating the activities of these representative offices.

4. 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.

The number of foreign citizens - employees of the representative office of a foreign organization (including the head) may not exceed five people.

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

5.1. 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;

5.2. 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;

5.3. 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 and on improvement of the moral and psychological state of citizens;

activity in the sphere of physical culture and mass sports;

5.4. environmental protection and animal protection;

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

5.6. other socially useful activity.

6. 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 organizations (institutions) may be opened.

7. The issuance of a permit to open a representative office of a non-profit foreign organization for the implementation of a socially useful activity other than that specified in sub-clauses 5.1-5.5 of clause 5 of this Regulation, shall be effected by the executive committee only after receiving the consent of the interested state bodies of the Republic of Belarus (their territorial bodies).

8. A representative office of a commercial foreign organization may be opened unless otherwise established by the legislative acts or treaties 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 of the activity of  preparatory and auxiliary character, including on:

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 its forms, establishing and expanding of the exchange of economic, commercial and scientific and technical information;

studying the markets for goods and services 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.

The issuance of a permit to open a representative office of a commercial foreign organization for the implementation of a socially useful activity other than that specified in indents two – six of this clause 5 of this Regulation, shall be effected by the executive committee only after receiving the consent of the interested state bodies of the Republic of Belarus (their territorial bodies).

9. 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;

to carry out insurance activities by representative offices of foreign organizations, including the provision of consulting and information services for insurance.

10. A representative office is deemed to be open and has the right to carry out activity in the territory of the Republic of Belarus from the date of adoption by the executive committee of the decision on issuance the permit for its opening. The date of issuing a permit for opening a representative office of a foreign organization is the date when the executive committee has adopted a decision to issue such a permit. The date of receipt of the permit to open a representative office of a foreign organization shall be indicated on the back of the permit and in the journal of representative offices of foreign organizations in the Republic of Belarus in the form according to Annex 1 (English translation not available), which is maintained by the executive committee.

11. 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 of the foreign organization.

12. For obtaining a permit to open a representative office of a foreign organization, the foreign organization shall submit to the executive committee at the place of supposed location of such a representative the following documents:

12.1. application for the issuance of the permit to open a representative office of foreign organization in the form according to Annex 2 (English translation not available) signed by an authorized person of that organization;

12.2. a legalized extract from the commercial register of the country of foundation or another equivalent proof of the legal status of the organization or the governing body of the administrative and territorial unit of the foreign state in accordance with the legislation of the country of its foundation or a copy of the mentioned documents certified by a notary (the extract shall be dated not later than three months before the day of its submission to the executive committee);

12.3. regulations about the representative office of foreign organization, approved by that foreign organization, which shall indicate the goal (goals) of opening of the representative office, its location, organizational structure, competence of the head of that representative office, order of termination of activity of the said representative office;

12.4. the program of activities in the form according to Annex 3 (English translation not available)  (for representative offices of non-commercial foreign organizations) - a set of measures approved by the foreign organization and corresponding to its priority activities for solving specific tasks, corresponding to the goal (goals) of opening of the representative office of a non-commercial foreign organization, providing time limits and resources for implementation of out such measures;

notarized powers of attorney for the head of the representative office of foreign organization and a person authorized to carry out actions related to the opening of the representative office of foreign organization (if such person is available). These documents need not be submitted if the head of the representative office of foreign organization or the person authorized to carry out actions related to the opening of the representative office of foreign organization is the head of the foreign organization and information about this is contained in the document specified in sub-clause 12.2 of this clause;

12.6. document confirming the payment of the state duty for issuance of the authorization to open the representative office of foreign organization.

13. Based on the results of consideration of documents submitted in accordance with clause 12 of these Regulations for obtaining the permit to open a representative office of foreign organization (permit to extend the validity period of a permit to open such a representative office), the respective executive committee shall adopt a decision to issue the permit to open a representative office of foreign organization (permit to extend the validity period of the permit to open such a representative office) or to refuse to issue the permit for the opening of the representative office of foreign organization (permit to extend the validity period of the permit to open such a representative office).

14. The permit to open the representative office of foreign organization shall be issued in the form according to Annex 4 (English translation not available) for three years with a possibility of extension of its validity for the same period.

15. For extension of the validity period of the permit to open the representative office, the foreign organization must, not later than 30 days prior, but not earlier than three months, to the date of its expiration, submit to the executive committee the following documents:

15.1. application for the extension of the validity period of the permit to open a representative office of foreign organization in the form according to Annex 5 (English translation not available) signed by an authorized person of the foreign organization;

15.2. a legalized extract from the commercial register of the country of foundation or another equivalent proof of the legal status of the organization or the governing body of the administrative and territorial unit of the foreign state in accordance with the legislation of the country of its foundation or a copy of the mentioned documents certified by a notary (the extract shall be dated not later than three months before the day of its submission to the executive committee);

15.3. document confirming the payment of the state duty for issuance of the permit for extension of the validity period of the permit to open the representative office of foreign organization;

15.4. document confirming the powers of the person applying for issuance of the permit for extension of the validity period of the permit to open the representative office of foreign organization.

16. The permit for the extension of the validity period of the permit to open a representative office of foreign organization is issued in the form according to Annex 6 (English translation not available).

The validity period of a permit to open a representative office of foreign organization is deemed to be extended from the date of issuance of the permit for its extension by the executive committee.

17. Documents specified in sub-clauses 12.2 – 12.5 of clause 12, sub-clauses 15.2 and 15.4 of clause 15, sub-clause 30.1 of clause 30 and clause 33 of these Regulations, 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.

18. The executive committee shall refuse to accept the application for issuing the permit for opening a representative office of foreign organization (an application for extending the validity period of the permit for opening such a representative office) in the cases provided for in clause1 of Article 17 of the Law of the Republic of Belarus of October 28, 2008 "On the Principles of Administrative Procedures", as well as in the case of the submission of documents and/or data to the improper executive committee.

19. The executive committee shall adopt a decision on the refusal to issue the permit for opening a representative office of foreign organization in the event of:

submission of documents and/or data that does not comply with requirements of the legislation, including forged, fake or invalid documents;

non-compliance of the goal (goals) of the opening of a representative office of foreign organization with the requirements provided for in clauses 5, 6 or 8 of these Regulations;

availability of objections from one or several interested state bodies of the Republic of Belarus (their territorial bodies);

availability of information on the issuance of a permit to the foreign organization to open a representative office of foreign organization, whose termination procedure at the date of submission of documents is not completed in accordance with clause 33 of these Regulations;

violations of other norms of the legislation of the Republic of Belarus.

20. The executive committee shall adopt a decision on the refusal to issue a permit for extension of the validity period of the permit to open a representative office of foreign organization in the event of:

violation of the deadlines for submission of documents specified in clause 15 of these Regulations;

submission of documents and/or data that does not comply with requirements of the legislation, including forged, fake or invalid documents;

availability of objections from one or several interested state bodies of the Republic of Belarus (their territorial bodies);

violations of other norms of the legislation of the Republic of Belarus.

21. In the absence of grounds for refusing to issue a permit for opening the representative office of foreign organization provided for in clause19 of these Regulations, the executive committee shall, within 30 days from the date of submission by the foreign organization of the documents specified in clause 12 or 15 of these Regulations, adopt a decision to issue the permit for opening the representative office of foreign organization (permit to extend the validity period of the permit to open such a representative office). In case of necessity of sending by the executive committee a request to other state bodies, organizations, the given period is extended to two months.

22. In case of loss (theft) of the permit to open a representation of foreign organization (permit to extend the validity period of the permit to open such a representative office) or its unfitness to use, its duplicate may be issued upon the application of that organization. A copy of the publication in the print media about the loss (theft) of the permit or the permit that has become unusable shall be enclosed to the application. Issuance of the duplicate of a permit shall be effected by the executive committee within ten working days from the date of submission of corresponding documents.

23. The foreign organization that opened its representative office is obliged, within the time limits and in the order determined by the legislation of the Republic of Belarus, to be put on record in the tax and other bodies (organizations) 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 of the Republic of Belarus.

24. Within the framework of implementation of programs of activities approved by the foreign organizations, representative offices of non-commercial 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) not provided by the mentioned programs is prohibited.

25. A representative office of foreign organization shall:

within one month from the date of issuance of the permit to open the representative office of foreign organization, forward to the executive committee written information on the staff list, contact information of the representative office of foreign organization, and also on putting of the foreign organization on record in tax and other bodies (organizations) of the Republic of Belarus;

within a month from the date of the change of the full name of the foreign organization, apply to the executive committee to obtain a new permit for opening a representative office of foreign organization and submit documents specified in sub-clauses 12.1-12.5 of clause 12 of these Regulations, as well as the original permit for opening a representative office of foreign organization (permit for the extension of the validity period of the permit to open such a representative office);

within 10 working days from the date of changing the location of the representative office of foreign organization, submit to the executive committee a notice on changing the location of the representative office of foreign organization in the form according  to Annex 7 (English translation not available) and the change in the regulations on the representative office of foreign organization, formalized in the form of an annex to the mentioned regulations, approved by the foreign organization;

once a year (from 1 to 10 January), submit to the executive committee a written report on activities of the representative office, which shall include data about the location, staff list, numbers foreign citizens - employees of the representative office of a foreign organization (including the head), contact information of that representative office, data about the recording number of the payer, accounts opened by such representative office, programs of activities being implemented by the representative office of non-commercial foreign organization, 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 of foreign organization for the expired period;

within 10 working days from the date of expiry of the power of attorney for the head of the representative office of foreign organization or from the date of appointment of the new head of such a representative office, forward to the executive committee a new notarized power of attorney for the head of the representative office of foreign organization or the document specified in sub-clause 12.2 of clause 12 of these Regulations, in case, if the head of the representative office of foreign organization is the head of the foreign organization and information about it is contained in the given document;

fulfill other duties provided for by these Regulations and other acts of legislation of the Republic of Belarus.

26. The representative office of foreign education organization (institution) shall submit a report to the Ministry of Education within the period established in indent five of clause 25 of these Regulations, which in addition to the information specified in the given indent shall include the data about the number of contracts on cooperation with education organizations of the Republic of Belarus, contracts with natural persons for training, concluded with participation of the representative office, about other activity of such representative office according to the goal (goals) of its opening determined in clause 6 of these Regulations.

27. In the event that the representative office of foreign organization fails to fulfill the obligations provided for in clauses 25 and 26 of these Regulations, the relevant executive committee shall issue to the representative office a written warning about the need to eliminate the violations committed. A written warning about the need to eliminate the violations within three days after its issuance shall be given or sent by mail to the representative office of foreign organization, with indication of committed violations and the period for their elimination.

The representative office of foreign organization is obliged to inform the executive committee in writing about the elimination of violations that served as grounds for issuing a written warning about the need to eliminate the violations committed, and submit supporting documents within three days after the expiry of the period for eliminating the violations specified in the written warning about the need to eliminate the violations.

28. In the event of a change in the location of the representative office of foreign organization that entails transfer to another executive committee, the documents specified in indent four of clause 25 of these Regulations shall be submitted to the executive committee at the new location of the representative office.

The executive committee at the place of application shall, within three working days from the date of submission of the documents, inform the executive committee at the previous location of the representative office of foreign organization about the change of its location.

The executive committee at the previous location of the representative office of foreign organization shall, within 10 working days, form the materials (file) of that representative office and send them to the executive committee at the new location of such representative office by registered mail with a list of inventory.

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

30. Termination of activities of the representative office of foreign organization is carried out:

30.1. according to a decision of the foreign organization that opened the representative office/ The decision of the foreign organization about termination of activities of its representative office shall be submitted to the executive committee;

30.2. according to the decision of the executive committee in the event of:

liquidation of the foreign organization that opened its representative office;

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

expiration of the validity period of the permit to open the representative office, unless it has been extended in the order established in clause 15 of these Regulations;

non-implementation by the representative office of foreign organization of activities for the purpose of which it was open, for six consecutive months from the date of opening of that representative office;

introduction to the executive committee of a respective demand of the interested state body of the Republic of Belarus (its territorial body);

exceeding the number of foreign citizens - employees of the representative office of foreign organization established in part three of clause 4 of these Regulations;

non-fulfillment by the representative office of foreign organization of the requirements contained in the written warning of the executive committee on the need to eliminate the violations committed.

31. The notification about the decision taken by the executive committee on the termination of activities of the representative office of foreign organization shall, within 10 working days, be sent by the executive committee to the last known location of the foreign organization and its representative office.

32. Termination of activities of the representative office of foreign organization recognized as extremist is carried out in accordance with Article 13 of the Law of the Republic of Belarus of January 4, 2007 “On Countering Extremism”.

33. A foreign organization activities of the representative office of which in the Republic of Belarus is terminated, must fulfill all obligations to the tax and customs bodies of the Republic of Belarus, the budget of the state non-budgetary fund for social protection of the population of the Republic of Belarus, the Belarusian Republican Unitary Insurance Company "Belgosstrakh", and submit documents on the personnel to the territorial (urban or district) archive of the local executive and administrative body, close accounts in banks of  the Republic of Belarus and submit within one month a letter to the executive committee on the fulfillment of respective duties.

34. The following documents shall be attached to the letter of the foreign organization on the fulfillment of the duties provided for in clause 33 of these Regulations:

34.1. an extract from the accounting data of the tax body on the computed and paid sums of taxes, dues (duties), penalty interest;

34.2. reference statement confirming the absence of non-paid customs payments, penalty interest, interest, and also of non-terminated obligations before customs bodies, issued by the customs bodies;

34.3. reference statement of the bank on closing the current (settlement) account;

34.4. reference statement confirming the absence of indebtedness on compulsory insurance against industrial accidents and occupational diseases issued by separate subdivisions of the Belarusian Republican Unitary Insurance Enterprise "Belgosstrakh";

34.5. document confirming the transfer of documents on the staff personnel of the representative office of foreign organization that terminated its activities to the territorial (city or district) archive of local administrative and executive body;

34.6. original permit to open a representative office of foreign organization (permit to extend the validity period of the permit to open such a representative office).

35. Within 10 working days from the date of submission of the documents specified in clause 34 of these Regulations, the executive committee provides the foreign organization with a written confirmation of the completion of the procedure for terminating the activities of the representative office of foreign organization in the Republic of Belarus. In case of necessity of sending by the executive committee a request to other state bodies, organizations, the said period is extended to two months.

36. The executive committees shall, monthly until the 10th day, inform the Ministry on Taxes and Dues, the State Customs Committee, the Ministry of Internal Affairs, the Belarusian Republican Unitary Insurance Enterprise "Belgosstrakh" and the Fund of Social Protection of the Population of the Ministry of Labour and Social Protection on representative offices of foreign organizations open and terminated their activities in the territory of the Republic of Belarus and place this information on the official website of the executive committee on the global computer network Internet.