(Unofficial
translation)
Law of the
Republic of Belarus
No. 213-Z of December 7, 1998
[Amended as of December 10, 2020]
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. Legal regulation in the sphere of
creation, functioning and liquidation of free economic zones
Legal regulation in the field of creation, functioning and liquidation of
free economic zones is carried out in accordance with the legislation on the
creation, functioning and liquidation of free economic zones (hereinafter –
legislation on free economic zones), as well as the law of the Eurasian
Economic Union and treaties of the Republic of Belarus that do not constitute
the law of the Eurasian Economic Union.
The legislation on free economic zones is based on the Constitution of the
Republic of Belarus and consists of this Law, other laws, normative legal acts
of the President of the Republic of Belarus and other acts of legislation of
the Republic of Belarus adopted in accordance therewith.
If a treaty of the Republic of Belarus establishes other rules than those
contained in this Law, the rules of the treaty are applied.
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 Eurasian Economic Union
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 Eurasian Economic Union;
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 Republic of Belarus, the Committee of
State Control, and respective regional (Minsk City) executive committees.
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 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 Eurasian Economic Union.
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 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 Eurasian Economic Union.
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 defense
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 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 Eurasian Economic Union.
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.
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;
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 Eurasian Economic Union.
The administration of the
free economic zone shall, within two 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, the
Ministry of Justice, relevant inspectorate of the Ministry on Taxes and Dues 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 shall, within five working days 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 Eurasian
Economic Union.
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 two 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 shall, within
five working days from the day of loss of the free economic zone resident
status, inform thereabout the authorized body of the Eurasian Economic Union.
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 Republic of Belarus, other laws and/or acts of the President of
the Republic of Belarus, treaties of the Republic of Belarus.
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 *