(Unofficial translation)
Law of the Republic of Belarus
No. 213-Z
of December 7, 1998
[Amended as of July 17, 2018]
Adopted by the Chamber of
Representatives on November 11, 1998
Approved by the Council of the
Republic on November 19, 1998
On Free Economic Zones
CHAPTER 1
GENERAL PROVISIONS
Article 1. Main Terms Used in this Law and their Definitions
The following main terms and their
definitions are used in this Law:
“free
economic zone” is a part of the territory of the Republic of Belarus with
determined boundaries, within which a special legal regime in relation to the
residents of that free economic zone is established and effective for their
carrying out investment and entrepreneurial activity;
“resident of
the free economic zones” is a legal person of the Republic of Belarus or an
individual entrepreneur of the Republic of Belarus, registered by the
administration of the free economic zone as resident of the free economic zone
in the order established by the legislation on free economic zones;
“special legal regime of the free economic zone” is the
aggregation of legal norms providing for more favourable,
than those generally established, conditions for carrying out investment and
entrepreneurial activity;
“administration of the free economic zone” is a body of
management of the free economic zone, created in the order and the form,
provided for by this Law.
Article 2. Legislation on Free
Economic Zones
The legislation on free
economic zones is based on the Constitution of the Republic of Belarus and
includes this Law, normative legal acts of the President of the Republic of
Belarus and other acts of legislation, including treaties of the Republic of
Belarus regulating the issues of creation, functioning and liquidation of free
economic zones.
If a treaty
of the
Article 3. Objectives of Creation
of Free Economic Zones
Free economic
zones are created with a view of facilitating the social and economic
development of the Republic of Belarus and individual administrative and
territorial units, attracting investments in creation and development of
export-oriented and import-substituting industries based on new and high technologies
and/or for other purposes determined at creation of the free economic zone.
Article 4. Types of Free Economic
Zones
In the it may
be created free economic zones of a function type with is determined by the
purposes for which the free economic zone is being created and by the nature of
activity to be carries out in the zone, as well as complex free economic zones
for realization of objectives and carrying out activity, appropriate for
different function-type free economic zones.
Article 5. Activities Prohibited
in Free Economic Zones
Activity prohibited in
the territory of the Republic of Belarus by the legislative acts, and also
activity prohibited in the territory of free (special) economic zones of the
states – members of the Customs Union and the Single Economic Space in
accordance with treaties of the Republic of Belarus, is not allowed in free
economic zones.
For the
residents of a free economic zone are also prohibited the following activities
within that free economic zone:
production, storage,
realization, repair of arms, their integral parts and components, ammunition
for arms, explosive devices, and also production, storage, realization of
explosive substances;
production, processing,
storage, decontamination, and realization of radioactive and other dangerous
materials;
turnover of narcotic drugs, psychotropic substances and their precursors;
seeding,
cultivation, processing, storage, and realization of cultures containing
poisonous substances;
production of alcohol
beverages, with the exception of champagne, wines, and beer;
production of tobacco
articles;
production of
securities, money banknotes and coins, postal stamps;
lottery activity;
preparation and broadcasting of audio and TV programs, with the exception of
technical maintenance of radio and television;
treatment of persons
suffering of illnesses constituting danger for health of the population;
treatment of animals
with particularly dangerous diseases;
activity connected
with employment of citizens of the
CHAPTER 2
STATE REGULATION AND CONTROL IN FREE ECONOMIC ZONES
Article 6. State Bodies Exercising
the State Regulation in the Sphere of Creation, Functioning and Liquidation of
Free Economic Zones
State
regulation in the sphere of creation, functioning and liquidation of free
economic zones is carried out by the President of the
Article 7.
Powers of the President of the
The President
of the
determines state
policy;
takes decisions
about creation, prolongation of the term of functioning and premature
liquidation of a free economic zone, change of its boundaries;
exercises other powers
in accordance with this law and other legislative acts.
Article 8.
Powers of the Council of Ministers of the
The Council
of Ministers of the
ensures
implementation of the state policy;
coordinates work on ensuring functioning and development of free economic zones;
advances the
initiative about creation, prolongation of the term of functioning and
premature liquidation of a free economic zone, change of its boundaries;
takes decision on
creation of the administration of a free economic zones and approves the
statute of the administration of a free economic zone;
upon proposal of
a respective regional (
approves regulations
on a free economic zone, development programs of free economic zones;
establishes the form of the certificate of registration of a legal person or
individual entrepreneur as resident of a free economic zone, unless another form is established by an authorized body of
the Customs Union and the Single Economic Space;
upon proposal of
the administration of a free economic zone approves regulations on development
fund of the free economic zone;
takes decision
about creation of the supervisory board of free economic zones and approves its
personal composition and regulations on it;
at liquidation
of a free economic zones, creates the liquidation commission, determines its
personal composition and competence and also approves the order of liquidation
of a free economic zone at its premature liquidation;
considers proposals of
the administration of a free economic zone about preparation of normative legal
acts on issues of functioning of the free economic zone, including improvement
of the special legal regime of the free economic zone;
establishes the procedure
of maintenance of the register of residents of the free economic zone;
exercises other powers
in accordance with this Law and other legislative acts.
Article 9. Powers of Local Councils of Deputies and Local Executive and
Administrative Bodies of Respective Administrative and Territorial Units in a
Free Economic Zone
Local
councils of deputies and local executive and administrative bodies of
respective administrative and territorial units exercise, in a free economic
zone, powers provided for by this Law and other legislative acts, with the
exception of cases when such powers are exercised by the administration of the
free economic zone in accordance with this Law and other legislative acts.
Local
executive and administrative bodies may delegate their certain powers to the
administration of the free economic zone for the whole period of its operation
or for a
shorter time, with the exception of cases provided for by legislative acts.
Article 10. General Control over
Functioning and Efficiency of Activity of Free Economic Zones
General
control over functioning and efficiency of activity of free economic zones is
exercised by the Council of Ministers of the
CHAPTER 3
CREATION,
PROLONGATION OF THE TERM OF FUNCTIONING AND LIQUIDATION OF A FREE ECONOMIC
ZONE, CHANGE OF ITS BOUNDARIES
Article 11. Creation of a Free
Economic Zone
A free
economic zone is created upon a decision of the President of the
The Council
of Ministers of the
The proposal
of a respective regional (Minsk City) executive committee about the creation of
a free economic zone shall be submitted to the Council of Ministers of the
Republic of Belarus with enclosure of the documents specified in part 4 of this
Article.
The documents
submitted for the consideration of the issue about the creation of a free
economic zone shall include:
a draft Edict
of the President of the Republic of Belarus on creation of the free economic
zone in which shall be indicated the name of the free economic zone, the term
for which it is being created, objectives of creation and type of the free
economic zone, specific features of its special legal regime, total area and
description of boundaries of the free economic zone, measures on ensuring its
creation and development;
draft Regulations
on the free economic zone;
a draft
statute of the administration of the free economic zone;
a draft
program of development of the free economic zone with indication of definite
measures, and persons and organizations, responsible for holding them, of
sources of financing of the works on development of the free economic zone;
a copy of the
land-cadastral plan with indication of supposed boundaries of the free economic
zone;
land composition,
list of owners, possessors, users and leaseholders of land plots located within
the supposed boundaries of the free economic zone;
list of legal
persons and individual entrepreneurs, acting in territories located within the
supposes boundaries of the free economic zone;
a feasibility
study of the necessity and possibility of creation of the free economic zone,
its type, worked out based on the analysis of social, ecological and economic
conditions on the respective territory, availability of material and labour resources for it, of communication utilities, as
well as feasibility study for the special legal regime of the free economic
zone.
The Council
of Ministers of the
In accordance
with the edict of the President of the Republic of Belarus on creation of the
free economic zone and this law, the Council of Minister of the Republic of
Belarus shall approve the development program of the free economic zone,
regulations on the free economic zone, take decision on creation of the
administration of the free economic zone and approve the statute of the
administration of the free economic zone.
The Ministry of Economy
of the Republic of Belarus shall within a thirty-day period from the day of
creation of the free economic zone forward information thereabout to the
authorized body of the Customs Union and the Single Economic Space.
Article 12. Change of Boundaries
of a Free Economic Zone
Changing
boundaries of a free economic zone is made upon a decision of the President of
the
The Council
of Ministers of the
The proposal
of a respective regional (Minsk City) executive committee about the changing
boundaries of a free economic zone shall be submitted to the Council of
Ministers of the Republic of Belarus with enclosure of the documents specified
in part 4 of this Article. The proposal of the administration of a free
economic zone on this issue shall be submitted to the Council of Ministers of
the Republic of Belarus through a respective regional (Minsk City) executive
committee with enclosure of the documents specified in part 4 of this Article.
The documents
submitted for the consideration of the issue about changing boundaries of a
free economic zone shall include:
a draft Edict
of the President of the
a copy of the
land-cadastral plan with indication of supposed boundaries of the free economic
zone with regard to the supposed changing of its boundaries;
land
composition, list of owners, possessors, users and leaseholders of land plots
located in the territory proposed for inclusion into the boundaries of the free
economic zone;
list of legal persons
and individual entrepreneurs, acting in territories proposed for inclusion into
the boundaries of the free economic zone;
list of free
economic zone residents acting in territories proposed for exclusion from the
boundaries of the free economic zone;
substantiation of the necessity and possibility of changing boundaries of the free
economic zone, including feasibility study.
The Council
of Ministers of the
Article 13. Prolongation of Term
of Functioning of a Free Economic Zone
Prolongation
of the term of functioning of a free economic zone is made upon a decision of
the President of the
The Council
of Ministers of the
The proposal
of a respective regional (Minsk City) executive committee about the
prolongation of the term of functioning of a free economic zone shall be
submitted to the Council of Ministers of the Republic of Belarus with enclosure
of the documents specified in part 4 of this Article. The proposal of the
administration of a free economic zone on this issue shall be submitted to the
Council of Ministers of the Republic of Belarus through a respective regional
(Minsk City) executive committee with enclosure of the documents specified in
part 4 of this Article.
The documents
submitted for the consideration of the issue about the prolongation of the term
of functioning of a free economic zone shall include:
a draft Edict
of the President of the
feasibility study of the necessity to prolong the term of functioning of a free
economic zone.
The Council
of Ministers of the
The Ministry of
Economy of the Republic of Belarus shall within a thirty-day period from the
day of extension of the period of functioning of the free economic zone forward
information thereabout to the authorized body of the Customs Union and the
Single Economic Space.
Article 14. Liquidation of a Free
Economic Zone
A free
economic zone shall be considered liquidated upon termination of the term for
which it has been established, unless it will be extended by a decision of the
President of the
Prior to the
termination of this term the free economic zone may be liquidated by a decision
of the President of the
it is due to
the necessity of protection of life and health of people, protection of the
environment and cultural valuables, ensuring the national security and defence of the state;
within one year
from the day of creation of the free economic zone, no legal person or
individual entrepreneur has been registered as resident of that free economic
zone;
for twelve consecutive
months, its all residents have not carried out activities on implementation of
the investment projects proposed by them;
the free
economic zone has no residents because of loss of the free economic zone
resident status and within one year from the day of deprivation or loss of such
status by the last resident of that free economic zone, no legal person or
individual entrepreneur has been registered as resident;
achievement of the objectives of creation of the free economic zone, determined by
the edict of the President of the
In the event
of premature liquidation of a free economic zone on grounds specified by
indents 2 and 6 of part 2 of this article, the residents of that free economic
zone may be given, upon a decision of the President of the
The Council
of Ministers of the
The proposal
of a respective regional (Minsk City) executive committee about the premature
liquidation of a free economic zone shall be submitted to the Council of
Ministers of the Republic of Belarus with enclosure of the documents specified
in part 6 of this Article.
The documents
submitted for the consideration of the issue about the premature liquidation of
a free economic zone shall include:
a draft Edict
of the President of the Republic of Belarus on premature liquidation of the
free economic zone providing for a
complex of organizational and other measures on ensuring the liquidation
of the free economic zone, and, if necessary, guarantees and/or compensations
to its residents;
a draft
resolution of the Council of Ministers of the Republic of Belarus determining
the personal composition and competence of the liquidation commission, and also
the order of liquidation of the free economic zone;
list of free
economic zone residents with indication of investment projects being
implemented by them in the event of liquidation of the free economic zone on
grounds specified by indents 2 and 6 of part 2 of this article;
a feasibility
study of the necessity and possibility of premature liquidation of the free
economic zone with indication of reasons and possible consequences of its
premature liquidation for respective administrative and territorial units and
the Republic of Belarus as a whole, free economic zone residents based on the
analysis of social, ecological, economic, and other conditions on the
respective territory, and also of indicators of functioning and efficiency of
the activity of the free economic zone being liquidated.
The Council
of Ministers of the
For solution
of material and other issues connected with liquidation of the free economic
zone, regulation of relations between the administration of the free economic
zone and its residents, other organizations and natural person, the Council of
Minister of the Republic of Belarus shall create the liquidation commission,
determine its personal composition and competence, and also approve the order
of liquidation of the free economic zone at its premature liquidation.
The Ministry of Economy
of the Republic of Belarus shall within a thirty-day period from the day of
liquidation of the free economic zone forward information thereabout to the
authorized body of the Customs Union and the Single Economic Space.
CHAPTER 4
MANAGEMENT
AND FINANCING OF FREE ECONOMIC ZONE
Article 15. Administration of a
Free Economic Zone
The
administration of a free economic zone is a republic legal person which is
created by the Council of Ministers in the form of an institution.
The
administration of a free economic zone shall:
operate in accordance
with the legislation on the basis on the statute approved by the Council of
Ministers of the
report in its
activity to the Council of Ministers of the
Powers of the
administration of a free economic zone are determined by this Law, the statute
of the administration of the free economic zone and other legislation.
The
administration of a free economic zone is lead by the head of the
administration of the free economic zone appointed to the office (dismissed
from the office) by the Council of Ministers of the
Deputy heads
of the administration of a free economic zone are appointed to the office
(dismissed from the office) by the head of the administration of the free
economic zone upon agreement with the respective regional (
For
consideration of issues being in the competence of the administration of the
free economic zone, the head of the administration of the free economic zone
may create the council of the administration of the free economic zone. Powers
and order of work of the council of the administration of the free economic
zone are determined by the statute of the free economic zone.
Salary rates
for the workers of the administration of the free economic zone, including the
head of the administration of the free economic zone, shall be determined by
the Council of Ministers of the
Article 16. Powers of the
Administration of a Free Economic Zone
The
administration of a free economic zone shall:
take part in
designing and implementing programs of economic and social development of the
respective administrative and territorial units and submit proposal in the
process of preparation of the drafts of local budgets;
jointly with the
respective regional (
submit proposals
about preparation of normative legal acts on issues of functioning of the free
economic zone, including improvement of the special legal regime of the free
economic zone;
advance the
initiative about changing boundaries of the free economic zone, prolongation fo the term of its functioning;
act as principal
in designing and building of objects of industrial, transport, and other
infrastructure within the boundaries of the free economic zone;
carry out
promotional, information activity in the Republic of Belarus and abroad with a
view to promote conditions for investment and entrepreneurial activity in the
free economic zone and attracting foreign and national investors;
in the established
order, consider investment projects proposed for implementation in the free
economic zone;
perform state
registration of legal persons and individual entrepreneurs in the free economic
zone, with the exception of banks, non-bank credit and finance organizations,
insurance organizations, insurance brokers, associations of insurers;
approve a model
contract on conditions of activity in the free economic zone;
conclude (prolong)
contracts on conditions of activity in the free economic zone and control its
fulfilment;
register legal
persons and individual entrepreneurs of the
obtain from
the free economic zone residents primary statistical data about their activity,
established by the legislation and the contract on conditions of activity in
the free economic zone, and also other information connected with their
activity as free economic zone residents;
represent interests of
the free economic zone in relations with state bodies and other organizations;
upon obtaining consent
of the customs body, takes a decision about determining the limits of the free
customs zone, abolition of the free customs zone for a specific resident of the
free economic zone;
issue conclusions
about results of implementation of an investment project of a resident of the
free economic zone;
take a decision about
loss by a legal person or individual entrepreneur of the free economic zone
resident status (hereinafter – decision about status loss);
seize and
give to lease, in the established order, land plots within the boundaries of
the free economic zone to free economic zone residents, perform, if necessary,
the transfer of land plots from one category into other, if such rights have
been delegated to it by a respective regional (Minsk City), city (of
region-subordinated cities) executive committees and/or otherwise has not been
provided for by the President of the Republic of Belarus;
dispose, in
accordance with the legislation, of property transferred to it in operative
administration, including acting as a lessor in relation to the said property;
work out the
draft regulation on the development fund of the free economic zone and dispose,
in accordance with the legislation, of means of that fund;
provide assistance,
within the competence, to work of customs, controlling (supervising) and
law-enforcement bodies of the Republic of Belarus;
carries out the conducting of the register of residents of
the free economic zone;
ensures placement and
timely actualization of the register of residents of the free economic zone on
the official site of the administration of the
free economic zone in the global computer network Internet;
exercise other powers
provided for by this Law, the statute of the administration of the free
economic zone, and by other legislation.
Article 17. Supervisory Council of
Free Economic Zones
With a view
of ensuring harmonious combination of republic and local interests and
interests of residents of free economic zones and other organizations and
individual entrepreneurs, the Council of Minister of the Republic of Belarus
may create the Supervisory Council of Free Economic Zones, which include heads
of free economic zones, representatives of the Council of
Minister of the Republic of Belarus, respective regional (Minsk City) executive
committees, and other organizations and individual entrepreneurs.
The personal
composition and regulations on the Supervisory Council of Free Economic Zones
are approved by the Council of Minister of the
Article 18. Financing of a Free
Economic Zone Development Fund of a Free Economic Zone
Financing of
creation and development of a free economic zone, inclusive of industrial,
engineering, transport and other infrastructure, of maintenance of property
being in the republic ownership and transferred into operative administration
to the administration of the free economic zone, of other expenses connected
with functioning of the free economic zone, including maintenance of its
administration, is made from the republic budget and other sources in
accordance with the legislation.
For financing
of the infrastructure of a free economic zone, of promotional and publishing
activity, of material stimulation of workers of the administration of the free
economic zone and for other purposes, the development fund of the free economic
zone shall be formed.
Disposal of
means of the development fund of a free economic zone is performed by the
administration of the free economic zone, which shall create the fund council
for the rational use of received means.
Specific
sources of formation of the development fund of a free economic zone, spending
directions of its means, composition and powers of the fund council are determined
by the regulations on the development fund of the free economic zone, which
shall be approved by the Council of Ministers of the Republic of Belarus upon
proposal of the administration of the free economic zone.
CHAPTER 5
RESIDENTS OF
FREE ECONOMIC ZONE
Article 19. Registration as
Resident of a Free Economic Zone
Registration
as resident of the free economic zone is performed by the administration of the
free economic zone in the order established by the legislation on free economic
zone with regard to requirements of this article.
The state
duty is charged, in accordance with legislative acts, for the registration as
resident of the free economic zone.
Only legal
persons of the
Registration of a legal
person or individual entrepreneur as free economic zone resident is carried out
by means of entering the date about it into the register of residents of the
free economic zone on the day of conclusion of the contracts
on activity conditions in the free economic zone for the validity term
of such a contract. Within three days from the day of registration, the
administration of the free economic zone shall issue the certificate about
registration of the legal person or individual entrepreneur as free economic
zone resident according to the form established by the Council of Ministers of
the Republic of Belarus, unless another form established by authorized body of
the Customs Union and the Single Economic Space.
The
administration of the free economic zone shall, within 10 working days from the
day of registration of the legal person or individual entrepreneur as resident
of the free economic zone, forward information
thereabout to the Ministry of Economy of the Republic of Belarus, the Ministry of Justice of the
Republic of Belarus, relevant inspectorate of the Ministry on Taxes and Dues of
the Republic of Belarus and the body of state statistics, and also inform other
state bodies in the cases and order provided for by the legislative acts.
The Ministry of Economy
of the Republic of Belarus shall, within thirty-day period from the day of
inclusion of residents of free economic zones into the register of a respective
free economic zone, inform thereabout the authorized body of the Customs Union
and the Single Economic Space.
In the event
of refusal of registration as resident of the free economic zone, the
administration of the free economic zone is obliged to notify, in a written
form, the legal person or individual entrepreneur about the decision taken
within 3 working days.
The refusal of registration as resident of the free economic zone may
be appealed against by the legal person and individual entrepreneur to the court considering economic
cases within a month period from the day of taking the corresponding decision.
Article 20.
General Conditions of Activity of Residents of a Free Economic Zone Contract on
Conditions of Activity in the Free Economic Zone
A resident of
a free economic zone carries out its activity in accordance with this Law,
regulations on the free economic zone and other legislation, and also with the
contract on conditions of activity in the free economic zone.
The contract
on conditions of activity in the free economic zone is concluded between the
legal person or individual entrepreneur and the administration of the free
economic zone and determines the order and conditions of implementation by the
resident of the free economic zone of the investment project proposed by it.
The contract
on conditions of activity in the free economic zone shall be concluded for the
period of implementation of the investment project. The model contract on
conditions of activity in the free economic zone shall be approved by the
administration of the free economic zone.
The
delegation by the resident of the free economic zone of its rights and duties
on the contract on conditions of activity in the free economic to another legal
person or individual entrepreneur is not allowed with the exception of the case
specified in part 3 of article 21 of this Law.
The contract
on conditions of activity in the free economic zone may be prolonged by an
agreement of the parties upon an application of its resident, which shall be
submitted to the administration of the free economic zone not later than a
month prior to the termination of the validity period of the said contract. The
application shall be accompanied by the business plan of the investment project
being implemented in the free economic zone, which shall contain substantiation
of the necessity and possibility of continuation of its implementation.
The
administration of the free economic zone shall consider the submitted documents
within 10 working days from the day of their submission, take decision about
prolongation of refusal of prolongation of the contract on conditions of
activity in the free economic zone, and within 3 working days, notify, in a
written form, the resident of the free economic zone about the decision taken.
In the event
of prolongation of the contract on conditions of activity in the free economic
zone, the term of registration as resident of the free economic zone shall be
prolonged simultaneously.
The
administration of the free economic zone shall, within 10 working days from the
day of prolongation of the contract on conditions of activity in the free
economic zone, inform the state bodies indicated in part five of Article 19 of
this Law about the prolongation of the term of registration as resident of the
free economic zone.
The decision
about refusal of prolongation of the contract on conditions of activity in the
free economic zone may be appealed against by the
resident of the free economic zone to the court considering economic cases within a month period from the day of its taking.
The resident
of the free economic zone is entitled to be engaged in investment and
entrepreneurial activity outside the free economic zone in compliance with
general rules established by the legislation. And in this case such activity is
not covered by the special legal regime of the free economic zone.
Certain
activities, list of which is established by the legislative acts of the
The state
bears no responsibility on obligations of free economic zone residents, and the
residents of free economic zones bear no responsibility on obligations of the
state, with the exceptions of the cases provided for by the legislative acts.
Article 21. Reorganization of a
Legal Person Registered as Resident of a Free Economic Zone
Preservation
or transfer of the resident status of a free economic zone in the process of
reorganization of the legal person registered as resident of the free economic
zone is allowed when it is reorganized only in the form of affiliation of
another legal person or splitting-off of one or several legal person or of its
transformation.
At
reorganization of the legal person registered as resident of the free economic
zone in the form of affiliation of another legal person or splitting-off of one
or several legal person, the resident status of the free economic zone is
preserved for the reorganized legal person.
At
reorganization of the legal person registered as resident of the free economic
zone in the form of transformation, the resident status of the free economic
zone passes to the newly created legal person from the moment of the state
registration of the newly created legal person.
Article 22. Loss of Free Economic Zone Resident Status
A legal person or individual entrepreneur loses the free
economic zone resident status on following grounds:
liquidation of the free economic zone;
exclusion from the boundaries of the free economic zone of
territories with the place of location of this legal person or individual
entrepreneur;
liquidation (termination of activities) of this legal person
(individual entrepreneur);
reorganization of the
legal person in the form of merging, affiliation, splitting-up, its accession
to another legal person;
change of the place of location of this legal person or
individual entrepreneur in the case if the new place of location is situated
outside the territory of the respective free economic zone;
termination of the contract on conditions of activity in the
free economic zone;
decision about status loss taken by the administration of the
free economic zone:
upon application of the resident of free economic zone;
in relation to non-fulfillment or improper fulfillment by the
resident of free economic zone of conditions of the contract on conditions of
activity in the free economic zone;
in relation to non-observance by a legal person being the
resident of free economic zone of time limit for formation of the statutory
fund;
in other instances provided for by the legislative acts.
The administration of the free economic zone is obliged, not
later than one month prior to taking a decision about status loss on the
grounds set forth in indents ten – twelve of part one of this Article, to
notify in writing the resident of free economic zone about the forthcoming
decision with indication of the grounds for its taking.
In case of taking a decision about status loss on the grounds
set forth in indents ten – twelve of part one of this Article, the
administration of the free economic zone is obliged to notify the legal person
or individual entrepreneur about the decision taken within three working days
from the day of its taking.
A decision about status loss taken on the grounds set forth
in indents ten – twelve of part one of this Article may be appealed by the
legal person or individual entrepreneur to the court
considering economic cases
within one-month time limit from the day of
its taking.
The data about the resident of free economic zone are subject
to be excluded from the respective register of residents of the free economic
zone:
as of the date of arising of grounds for loss of the free
economic zone resident status, set forth in indents two, three, six and seven
of part one of this Article;
as of the date of taking decision about entering into the
Unified State Register of Legal Persons and Individual Entrepreneurs the record
about exclusion of the legal person or individual entrepreneur from this
register in case of loss of the free economic zone resident status on a ground
set forth in indent four of part one of this Article;
as of the date of entering into the Unified State Register of
Legal Persons and Individual Entrepreneurs the record about termination of
activity of the legal person in case of loss of the free economic zone resident
status on a ground set forth in indent five of part one of this Article;
as of the date of the decision of the administration of the
free economic zone about status loss on the grounds set forth in indents
nine-twelve of part one of this Article, unless another date indicated in the
application of the free economic zone resident in case of loss of the free
economic zone resident status on a ground set forth in indent nine of part one
of this Article.
The legal person or individual entrepreneur is deemed to be
deprived of the free economic zone resident status after exclusion of the data
about them from the register of residents of the respective free economic zone. In this instance the
date from which the legal person or individual entrepreneur is deemed to be
deprived of the free economic zone resident status is determined in accordance
with part five of this Article.
The administration of the free economic zone shall, within
ten working days from the day of exclusion the data about the free economic
zone resident from the register of residents of the respective free economic
zone, forward the information thereabout to state bodies listed in part five of
Article 19 of this Law with indication of the date and the ground of loss of
the free economic zone resident status.
The Ministry of Economy of the Republic of Belarus shall,
within thirty-day period from the day of loss of the free economic zone
resident status, inform thereabout the authorized body of the Customs Union and
the Single Economic Space.
Loss of the free economic zone resident status entails the
termination of obligation under the contract on conditions of activity in the
free economic zone and other contracts the conclusion of which is motivated by
the fact that the legal person or individual entrepreneur possesses the free
economic zone resident status.
The legal person or individual entrepreneur is not entitled,
from the day of loss of the free economic zone resident status, to use special
legal regime of free economic zone, and also to use state guarantees to free
economic zone residents.
The certificate about registration of the legal person or
individual entrepreneur as free economic zone resident is deemed to be invalid
from the day of loss of the free economic zone resident status. The said certificate is
subject to be returned to the administration of free economic zone not later
than ten working days from the day of loss of the free economic zone resident
status. In case of absence of the original of this certificate, the
administration of free economic zone shall be presented a statement about its
loss with enclosing the data about the publication of a notification about the
loss of the certificate about registration of the legal person or individual
entrepreneur as free economic zone resident, place in one of the printed mass
media.
Upon loss of the free economic zone resident status, the
legal person or individual entrepreneur may be liquidated (terminate its
activity) or continue its activity on common terms in the order provided by the
legislation without additional state registration (re-registration).
In case of continuing
activity on common terms by the legal person or individual entrepreneur, which
was deprived of the free economic zone resident status on the grounds set forth
in indents two and three of part one of this Article, contracts of lease of
allocated land plots, capital constructions (buildings, structures), isolated
premises, car parking spaces, parts thereof, other immovable property being in
the state ownership, the obligations under which are terminated in accordance
with part nine of this Article, at the option of this legal person or
individual entrepreneur must be re-concluded with them for a period of not less
than remaining periods of lease by state bodies and other organizations
authorized to dispose of this property.
In this instance such contracts, with the
exception of contracts of lease of land plots shall be re-concluded on old
conditions.
CHAPTER 6
SPECIAL LEGAL
REGIME OF FREE ECONOMIC ZONE. STATE GUARANTEES TO FREE ECONOMIC ZONE RESIDENTS
Article 23. Taxation in a Free
Economic Zone
Special
features of taxation in the free economic zone are established in accordance
with the Tax Code of the
Article 24. Free Customs Zones
In the
territory of a free economic zone, free customs zones are created for its
residents within the limits of which the
customs procedure of free customs zone is applied in the prescribed manner.
The order of
creation and termination of functioning of free customs zones, requirements to
their facilities and equipment, duties of holders of free customs zones are
determined by legislative acts.
Article 25. Regulation of Land
Relations in a Free Economic Zone
Land
relations in a free economic zone are regulated by the legislation on
protection and use of lands.
Relations
concerning establishing, charging, and using the rent for land in the free
economic zone are regulated by legislative acts with regard to peculiarities
established by the legislation on free economic zones.
Article 26. Regulation of Labour and Connected Relations in a Free Economic Zone
Labour and
connected relations in a free economic zone are regulated by the labour legislation.
Provision of
a free economic zone with labour resources is carried
out via attraction of primarily local labour
resources, and also, at the wish of the employer, of labour
resources from other areas of the Republic of Belarus, employment of foreign
citizens and stateless persons in accordance with the legislation.
Article 27. State Guarantees to
Free Economic Zone Residents
The
legislation on the free economic zone and other legislation establish
guarantees to free economic zone residents.
Guarantees of
rights of investors and protection of investments, provided for by the
legislation in the sphere of investments, cover free economic zone residents.
President of
the Republic of Belarus А.Lukashenko
* unofficial translation *