Edict of the President of the Republic of Belarus

(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 DvorMatsevichi), 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 DvorMatsevichi), 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 *