(Unofficial translation)
Edict of the
President of the Republic of Belarus
No. 262 of
June 9, 2005
[Amended
as of August 22, 2018]
On Certain Issues of Free Economic Zones in the Territory of the Republic of Belarus
With the aim
to create in the Republic of Belarus equal conditions for development of free
economic zones, compact placement of their residents, attraction of
investments, formation of new workplaces, introduction of high technologies,
and escalation of the export potentials, I hereby decree:
1. To
establish that:
1.1.
[Excluded]
1.11.
declared volume of investments into the implementation of the investment
project of a legal person or an individual entrepreneur, which pretends to be
registered as resident of the free economic zone (hereinafter – FEZ), must make
up a sum equivalent to not less than 1 Mln. Euro,
unless otherwise established by part two this clause.
Declared volume of investments into the implementation of the
investment project of a legal person or an individual entrepreneur, which
pretends to be registered as a FEZ resident may make up a sum equivalent to not
less than 500 thousand Euro, provided that investments in the declared volume
will be carried out within three years from the day of conclusion of the
contract on activity conditions in the FEZ;
1.12.
FEZ residents, with the exception of the instance determined in part two of
this sub-clause, do not make compensating planting and compensating payments of
the value of flora objects being removed or transplanted when constructing with
the limits of FEZ of the objects provided in the investment project with the
right to remove or transplant of flora objects.
FEZ residents registered prior to
January 1, 2012 have the right to apply benefits established in part one of
this sub-clause after January 1, 2017;
1.13. FEZ residents, with the
exception of the instance determined in part two of this sub-clause, are
exempted from the payment for the right to conclude a lease contract of the
land plot allocated for construction and maintenance of immovable property
objects within the FEZ limits.
FEZ residents
registered prior to January 1, 2012 have the right to apply benefits
established in part one of this sub-clause after January 1, 2017;
1.14. goods
manufactured (obtained) with the use of foreign goods placed under the customs
procedure of free customs zone, being placed by FEZ residents under the customs
procedure of release for internal consumption, are exempted from the value
added tax collected by the customs bodies;
1.2. The legislation of the Republic of Belarus shall apply within the
FEZ territory having regard to the peculiarities provided by treaties and acts
constituting the law of the Eurasian Economic Union, the present Edict, the Tax
Code of the Republic of Belarus, the Law of the Republic of Belarus of December
7, 1998 "On Free Economic Zones" and other legislation, which regulates
the activities of FEZs;
1.3.
[Excluded]
1.4. The FEZ
Administration independently takes decision concerning the registration of
legal persons and individual entrepreneurs as the FEZ residents , when their
investment projects comply with the condition set forth in sub-clause 1.11
of this clause;
1.5.
[Excluded]
1.6.
[Excluded]
1.7.
[Excluded]
1.8.
[Excluded]
1.81 [Excluded]
1.82.[Excluded]
1.9.
[Excluded];
1.91.
[Excluded]
1.10.
[Excluded]
1.11.
[Excluded]
1.12.
[Excluded]
1.13.
[Excluded]
1.131.
[Excluded]
1.14. FEZ
Administrations act as ordering customers on designing and construction of
objects of the industrial, engineering, transportation infrastructure within
the FEZ boundaries, unless otherwise established by the President of the
Republic of Belarus;
1.141. financing of expenses on creation of engineering and
transport infrastructure required for the implementation of the investment
project of the resident of the FEZ with declared volume of investments in the
amount equivalent to a sum exceeding 10 Mln. euro, is
carried out at the expense of the funds stipulated in the State Investment
Program and in local budgets for the next financial year for the respective
FEZ, on a priority basis;
1.142.[Excluded]
1.15.
[Excluded]
1.16. [Excluded]
1.17. [Excluded]
2. [Not
given]
3. [Excluded]
3.2.
[Excluded]
4. The
following shall be considered null and void:
- subclauses 1.1-1.10, 1.14 of clause 1 of the Edict of the
President of the Republic
of Belarus of March 20,
1996, No. 114;
- subclauses 2.6-2.8 of clause 2 of the Edict of the
President of the Republic
of Belarus of March 2,
1998, No. 93;
- Edict of
the President of the Republic of Belarus of October, 20, 1998, No. 508,
"On Making Addition to the Edict of the President of the Republic of
Belarus of March 20, 1996, No. 114" (Collection of Edicts and Decrees of
the President and Decisions of the Government of the Republic of Belarus, 1998,
No. 30, item 765);
- subclause 1.3 of clause 1 of the Edict of the President of
the Republic of Belarus of June 8, 1999, No. 317, "On Making Changes
modification in Certain Edicts of the President of the Republic of
Belarus" (National Register of Legal Acts of the Republic of Belarus,
1999, No. 45, 1/409);
- subclauses 2.6-2.10 of clause 2 of the Edict of the
President of the Republic
of Belarus of August 4,
1999, No. 458;
- subclauses 2.2, 2.6-2.9 of clause 2 of the Edict of the
President of the Republic
of Belarus of January 31,
2002, No. 66;
- subclauses 2.2, 2.4-2.7 clauses 2 of the Edict of the
President of the Republic
of Belarus of April 16,
2002, No. 208;
- subclause 2.2 of clause 2 of the Edict of the President of
the Republic of Belarus of January 8, 2003, No. 7, "On Changing the
Borders of the Free Economic Zone "Vitebsk" and On Making Changes and
Additions to the Edict of the President of the Republic of Belarus of August 4,
1999, No. 458" (National Register of Legal Acts of the Republic of
Belarus, 2003, No. 5, 1/4279).
5. The
Council of Ministers of the Republic
of Belarus shall:
5.1. within
six months, develop and bring in, in the established order, a draft Edict of
the President of the Republic of Belarus aimed at ensuring control over the
movement of goods across the borders of free customs zones with the use of the
necessary engineering and technical means;
5.2. determine, upon assent of the President of the Republic of
Belarus, the list of import substituting goods. Goods included in the list of
import substituting goods within the first year are subject to be included in
lists of import substituting goods effective in subsequent two years, which are
to be computed for each good from its inclusion in the list of import
substituting goods. From the list of import substituting goods are subject to
be excluded goods included in this list in 2012 – from January 1, 2015, and
also goods included in the list in 2013 – from January 1, 2016;
5.3. Within
two months:
- develop and
approve the order of documentary confirmation of application of the zero rate
of the value-added tax in relation to the goods, which have been exported out
of the territory of a free customs zone into the Russian Federation, to be
presented to the customs bodies, and the order of reimbursement of the sums of
customs duties and taxes;
- ensure
bringing the acts of legislation into conformity with the present Edict and to
take other measures on implementing the present Edict;
5.4. Explain
the issues of the activity of FEZ
residents with account of the requirements of the present Edict.
6. The
control over fulfilment of the present Edict is imposed on the to assign to
Committee for State Control.
7. The
present Edict shall come into force from the first day of the fourth month,
following the month of its official publication, except for sub-clause 1.15 of
clause 1, clauses 5-6, and the present clause, which shall come into force from
the date of official publication of the present Edict.
President of
the Republic of Belarus A.
Lukashenko
Appendix 1
to the Edict
of the President
of the Republic of Belarus
No. 93 of
March 2, 1998
Boundaries of
the Free Economic Zone "Minsk"
The land plot
No. 1 having area of 1110
hectares is located in the southeast part of Minsk and includes 4 separate sectors:
- Sector 1
having the area of 290
hectares is bordered in the north by Partizanskiy
Avenue, in the east – by the lands of the Transport Republic's Unitary
Enterprise "Minsk Branch of the Belarusian Railways", in the south –
by the lands of the City of Minsk, and in the west – by the lands of the
Republic's Unitary Enterprise of Highways "Magistralavtodor"
(Minsk Ringway);
- Sector 2
having the area of 298
hectares is bordered in the north by the lands of the
City of Minsk, in the east – by the lands of the Transport Republic's Unitary
Enterprise "Minsk Branch of the Belarusian Railways", in the south –
by the lands of the Minsk Regional Unitary Enterprise "DRSU No. 735"
(highway Novy Dvor – Matsevichi), in the west – by the lands of the Novy Dvor Rural Soviet of the
Minsk District, of the Communal Unitary Agricultural Enterprise "State
Farm-Agrarian Company 'Rassvet'" of the Minsk
District, and the lands of the City of Minsk;
- Sector 3
having the area of 372
hectares is bordered in the north by the lands of the
City of Minsk, in the northeast – by Selitskogo
Street, in the east – by the lands of the Communal Unitary Agricultural
Enterprise "State Farm-Agrarian Company 'Rassvet'"
of the Minsk District, in the south – by the lands of the Minsk Regional
Unitary Enterprise "DRSU No. 735" (highway Novy
Dvor – Matsevichi), in the
west – by the lands of the Transport Republic's Unitary Enterprise "Minsk
Branch of the Belarusian Railways";
- Sector 4
having the area of 150
hectares is bordered in the north by the lands of the
Republic's Unitary Enterprise of Highways "Magistralavtodor"
(highway Minsk - Mogilyov), in the east and south –
by the lands of the Communal Unitary Agricultural Enterprise "State
Farm-Agrarian Company 'Rassvet'" of the Minsk
District, in the west – by the lands of the City of Minsk and the Communal
Unitary Agricultural Enterprise "State Farm-Agrarian Company 'Rassvet'" of the Minsk District.
The land plot
No. 2 having total area of 124.54 hectares includes 2 isolated sectors:
- Sector 1
having the area of 69.52
hectares is bordered in the northeast by the lands of
the Republic's Unitary Enterprise "Minsk Tractor Works" (auxiliary
farm), in the southeast – by the lands of the Minsk Regional Unitary Enterprise
"DRSU No. 735", in the southwest – by the lands of the Republic's
Unitary Enterprise of Highways "Magistralavtodor"
(highway Minsk – Mogilyov), the Republic's Unitary
Enterprise "Minsk Tractor Works" (auxiliary farm), in the northwest –
by the lands of the Production Communal Affiliated Unitary Enterprise
"Minsk Forest and Park Enterprise";
- Sector 2
having the area of 55.02
hectares is bordered in the northeast by the lands of
the Republic's Unitary Enterprise of Highways "Magistralavtodor"
(highway Minsk – Mogilyov), in the southeast – by the
lands of the Minsk Regional Unitary Enterprise "DRSU No. 735", in the
south- and northwest – by the lands of the Minsk District Unitary Agricultural
Enterprise "State Farm "Volma".
The land plot
No. 3 having the area of 30
hectares is located in the vicinity of the settlement of
"Sosny" and is bordered in the north, east,
south, and west by the lands of the Production Communal Affiliated Unitary
Enterprise "Minsk
Forest and Park
Enterprise".
The land plot
No. 4 having the area of 252.81 hectares is located in the vicinity of
the Republic's Unitary Enterprise "National Airport Minsk" and
comprises 2 sectors:
- Sector 1
having the area of 54.04
hectares is bordered in the north, east, south and west
by the lands of the Republic's Unitary Enterprise "National Airport
Minsk";
- Sector 2
having the area of 198.77
hectares is bordered in the north by the lands of the
Republic's State Association "Belpochta",
the Republic's Unitary Enterprise "National Airport Minsk", in the
east – by the lands of the State Forestry Enterprise "Smolevichi
Forestry Enterprise", the Foreign Private Unitary Production and Trade
Enterprise "Stotz Agro-Service" of the
Company "Stotz Agro-Service GmbH and Co,
KG", in the south – by the lands of the Republic's Unitary Enterprise
"National Airport Minsk", the State Forestry Enterprise "Smolevichi Forestry Enterprise", in the west – by the
lands of the Republic's Unitary Enterprises "National Airport Minsk"
and "National Airline "Belavia".
Appendix 2
to the Edict of
the President
of the Republic of Belarus
No. 93 of
March 2, 1998
Boundaries of
the Free Economic Zone "Gomel-Raton"
The land plot No. 1 having the area of 3152 hectares is
located in the northern part of the City of Gomel, and is bordered in the north
by the lands of the Collective Farm (Agricultural Production Cooperative)
"Lopatinskiy" of the Gomel District, and
the Communal Agricultural Unitary Enterprise "Khalch"
of the Vetkovskiy District, in the east – by the
lands of the Pokolyubichi Village Soviet of the Gomel
District, and by the Krupskaya Street, in the south – by Malaichuk,
Sovietskaya, Fedyuninskogo
Streets, and Inzhenerny Pereulok,
in the west – by the lands of the City of Gomel, the Private Industrial Unitary
Enterprise "Zapad-Trnasnefteproduct"
(former Mozyr Department of Oil Pipelines), the
Collective Farm (Agricultural Production Cooperative) "Eryominskiy"
of the Gomel District, the Open Joint-Stock Company "Gomel Raiagroservice", the Transport Republic's Unitary
Enterprise "Gomel Branch of the Belarusian Railways".
The land plot
No. 2 having the area of 442
hectares is located in the western part of the City of Gomel and includes five
isolated sectors:
Sector 1 having the area of 60 hectares is bordered in the north by the
lands of Collective Farm (Agricultural Production Cooperative)
"Pobeda" of the Gomel District, in the east – by the lands of the
Transport Republic's Unitary Enterprise "Gomel Branch of the Belarusian
Railways" (railway run Gomel-Northern), the Open Joint-Stock Company
"Belstromremont Trust", the Communal
Affiliated Construction Unitary Enterprise "Gomel DSPMK-51", in the
south – by the lands of the City of Gomel, the Republic's Construction Unitary
Enterprise "SP", in the west – by Dalnaya
Street, and the lands of the Mobile Mechanized Fleet No. 21 of the "Sovkhozstroi" Trust;
Sector 2 having the area of 84 hectares is bordered in the north by the
lands of the Open Joint-Stock Company "Gomeltorgavtotrans",
the Communal Agricultural Unitary Enterprise "Semena
Trav", the Communal Unitary Enterprise
"Gomel Oblagropromenergo", the Open
Joint-Stock Company "Gomel Raiagropromenergo",
in the east – by the lands of the Private Industrial Unitary Enterprise
"Gomel Factory of Trading Equipment", and the Industrial-Trading
Republic's Unitary Enterprise "Gompromtara",
in the south – by the Transport Proezd, and Barykina Street, in the west – by Industrial Proezd;
Sector 3
having the area of 65
hectares is bordered in the north by the lands of the
Republic's Unitary Enterprise " Gomel "Tsentrolit" Foundry, in the east – by Borissenko Street, in the south and the west – by the lands
of the City of Gomel;
Sector 4 having the area of 70 hectares is bordered
in the north, east, south and west by the lands of the State Forestry
Establishment "Gomel Forestry";
Sector 5 having the area of 163 hectares is
bordered in the north by the lands of the Communal Agricultural Unitary
Enterprise "Brilyovo" of the Gomel
District, and the Communal Design-Repair-Construction Unitary Enterprise "Gomelobldorstroi" (highway Gomel-Zhlobin),
in the east – by the lands of the Collective Farm (Agricultural Production
Cooperative) "Pobeda" of the Gomel District, in the south – by the
lands of the Open Joint-Stock Company "Gomel Chemical Plant", in the
west – by the lands of the Republic's Unitary Enterprise of Highways "Magistralavtodor" (Northern detour of the City of
Gomel).
The land plot
No. 3 having the area of 128
hectares is located in the southern part of the City of
Gomel, and is bordered in the north by the lands of the City of Gomel, in the
east – by the lands of the Ministry of Defence
(Military Settlement No. 2), in the south – by Zhemchuzhnaya
and Ilyicha Streets, and the lands of the State
Forestry Establishment "Korenevskaya
Experimental Forestry Base of the Institute of Forest of the National Academy
of Sciences of Belarus", in the west – by Ilyicha
and Tekhnicheskaya Streets, and the Sixth and Eighth Pereuloks Ilyicha.
Appendix
to the Edict
of the President
of the Republic of Belarus
No. 114 of
March 3, 1996
Boundaries of
the Free Economic Zone "Brest"
The land plot No. 1 (vicinity of "Kozlovichi")
having the area of 5873
hectares is bordered in the north and northeast by the
lands of the transport Republic's Unitary Enterprise "Brest Branch of the
Belarusian Railways", and the Republic's Unitary Enterprise "Belavtostrada" (highway Е30/М1), in the southeast – by the
lands of the Transport Republic's Unitary Enterprise "Brest Branch of the
Belarusian Railways", and the City of Brest, in the southwest – by the
Frontier of the Republic of Belarus, in the northwest – by the lands of the
Republic's Unitary Agricultural Enterprise "Selection-Hybrid Centre 'Zapandy'".
The land plot
No. 2 (vicinity "Airport") having the area of 1207 hectares is
bordered in the northwest by the lands of the Republic's Unitary Enterprise
"Belavtostrada" (highway Е30/М1), in the east – by the lands of
the Communal Unitary Agricultural Enterprise "Sovkhoz
Brestskiy", in the south – by the lands of the
Communal Unitary Agricultural Enterprise "Sovkhoz
Brestskiy", and the Republic's Unitary
Enterprise for Aeronavigation Servicing of Air
Traffic "Belaeronavigatsia", in the west –
by the lands of the Communal Unitary Agricultural Enterprise "Sovkhoz Brestskiy", and the
Communal Unitary Agricultural Enterprise "Hothouse Combine 'Berestie'".
The land plot
No. 3 (the lands of the Open Joint-Stock Companies "Brest
Electromechanical Factory" (15.69 hectares), "Brest Radio Engineering
Factory" (15.15
hectares) and "Brest Electric Bulb Factory" (22.4 hectares))
having the area of 53.24
hectares is bordered in the north by the lands of the
Open Joint-Stock Company "Carpets of Brest", and the Brest Republic's
Unitary Enterprise of Electric Power Industry "Brestenergo",
in the east – by Soviet Constitution Street, in the southeast – by Moscovskaya Street, and in the west – by Pionerskaya Street.
The land plot
No. 4 (the lands of the Republic's Unitary Enterprises "Tsvetotron Plant", the Research-and-Production
Association "Integral" (41.83 hectares) and
the "Brest Machine-Building Factory" (26.76 hectares)),
having the area of 68.59
hectares is bordered in the north by Suvorova
Street, in the east – by Kariernaya Street, in the
south – by the lands of the Garage-Construction Cooperative Societies Nos. 9
and 11, and in the west – by the lands of general use of the City of Brest.
The land plot
No. 5 (the lands of the Open Joint-Stock Company "Brest Electromechanical
Factory" (village of Ploska) having the area of 29.65 hectares in the
north and the east is bordered by the lands of the State Forestry Establishment
"Brest Forestry", in the south and southwest – by the lands of the
City of Brest, in the northwest – by the lands of the Road
Design-Repair-Construction Unitary Communal Enterprise " Brest Regional
Department of Local Highways" (highway Cherni-Ploska).
Appendix
to the Edict
of the President
Of the Republic of Belarus
No. 66 of
January 31, 2002,
(In the
wording of the
Edict of the
President
Of the Republic of Belarus
No. 262 of
June 09, 2005 )
Boundaries of
the Free Economic Zone "Mogilyov"
The land plot No. 1 having the area of 212.57 hectares is
bordered in the north by Krupskaya Street, in the east – by Mechnikov
Pereulok, in the south and southwest – by the 4th Mechnikov Pereulok, the lands of
the State Forest Fund and the Establishment of Education "Mogilyov State Technical Training College No. 227 of
Mechanical Engineering", in the west – by the lands of the Transport
Republic's Unitary Enterprise "Mogilyov Branch
of the Belarusian Railways", and in the northwest – by the lands of the
Agricultural Production Cooperative "Polykovichi"
of the Mogilyov District.
The land plot
No. 2 having the area of 55.12
hectares is bordered in the northeast by Kaluzhskaya Street, in the east and south – by Grishina Street, in the southwest and west – by the lands
of the Garage-Construction Cooperative Society "Tekhnopribor",
and in the northwest – by the lands of the Transport Republic's Unitary
Enterprise "Mogilyov Branch of the Belarusian
Railways", and Mira Avenue.
The land plot
No. 3 having the area of 65.69
hectares in the north and the south is limited by the
lands of the City of Mogilyov,
in the east – by the lands of the City of Mogilyov and the Chaussy
highway, in the west – by the lands of the Transport Republic's
Unitary Enterprise "Mogilyov Branch of the
Belarusian Railways".
The land plot
No. 4 having the area of 321.83 hectares is bordered in the north, east,
south, and west by the lands of the Mogilyov
District.
Appendix
to the Edict
of the President
of the Republic of Belarus
No. 208 of
April 16, 2002
(In the
wording of the
Edict of the
President
of the Republic of Belarus
No. 262 of
June 09, 2005)
Boundaries of
the Free Economic Zone "Grodnoinvest"
The land plot No. 1 having the area of 383.26 hectares is
located in the northern suburb of the City of Grodno and in a part of the
adjoining lands of the Grodno District, and is bordered in the north and
northeast by the lands of the State Forest Fund, the Putrishki
Village Soviet, Trial Station in Swine Raising, the Training-Experimental
Agricultural Production Cooperative "Putrishki"
of the Grodno District, and the railway access roads to the enterprises of
northern industrial region of the City of Grodno, in the east – by Dzerzhinskogo Street, in the south – by the access to the
Open Joint-Stock Company "Grodno Combine of Building Materials", the
lands of the Putrishki Village Soviet, the
Garage-Construction Cooperative Societies, and auxiliary accesses and
territories of industrial bases and organizations of the City, and in the west
– by Gorkogo Street, and the lands of the State
Forest Fund.
The land plot
No. 2 having the area of 73.17
hectares is located within the borders of territory of
the former military settlement (village
of Novaya Gozha),
and is bordered in the north, east, south and west by the lands of the
Agricultural Production Cooperative "Gozha",
and the State Forestry Establishment "Grodno Forestry".
The land plot
No. 3 having the area of 373.88 hectares is located in the southern
suburb of the City of Grodno
and on a part of the adjoining lands of the Grodno District and includes three
sectors:
- Sector 1
having the area of 341.59
hectares is bordered in the north by Sokolovskogo
Street, the lands of the Transport Republic's Unitary Enterprise
"Baranovichi Branch of the Belarusian Railways", the Open Joint-Stock
Companies "Grodnooblpchelovodstvo" and
"Grodnotorgstroi", the Garage-Construction
Cooperative Society, and Puchkova Street, in the east
– by Pobedy Pereulok, Pestraka, Fevralskaya and Izdatelskaya Streets, the lands of the Koptevskiy
Village Soviet, the District Unitary Agrarian Enterprise "Grodno Vegetable
factory", in the south – by the lands of the Transport Republic's Unitary
Enterprise "Baranovichi Branch of the Belarusian Railways", the Podlabenskiy Village Soviet (village of Kolbassino),
Suvorova Street, Pervy Pereulok Dalniy, the general
purpose lands of the City of Grodno, and in the west – by the lands of the
Garage-Construction Cooperative Society "Folyush",
and Repina and Industrial Streets.
The land plot
does not include the territory of individual dwelling constructions, which is
bordered by Suvorova, Sokolskaya,
Okulnaya, Puchkova, Usova, Matrossova, Kosmodemyanskaya and Zapadnaya
Streets;
- Sector 2
having the area of 22.39
hectares is bordered in the north, east, south and west
by the lands of the Koptevskiy Village Soviet, the
Unitary Enterprise "Grodnoobldorstroi"
(road Grodno-Odelsk), and the District Unitary Agrarian
Enterprise "Grodno Vegetable Factory";
- Sector 3
having the area of 9.9
hectares is bordered by the lands of the Republic's
Unitary Enterprise of Highways "Magistralavtodor"
(access to the border with the Republic
of Poland (Bruzgi),
the Agricultural Production Cooperative "Grodnenskiy",
and the Podlabenskiy Village Soviet (village of Kolbassino).
The land plot
No. 4 having the area of 215.59 hectares, is located in the eastern
suburb of the City of Grodno, and is bordered in the west and north by the lands
of the Transport Republic's Unitary Enterprise "Baranovichi Branch of the
Belarusian Railways", in the northeast – by the lands of the Republic's
Unitary Enterprise of Highways "Magistralavtodor",
in the east – by the lands of the Training-Experimental Agricultural Production
Cooperative "Putrishki" of the Grodno
District, and in the south – by the lands of the Republic's Unitary Enterprise
of Highways "Magistralavtodor", and access
railways to the enterprises of eastern industrial region.
* unofficial translation *
