Edict of the President of the Republic of Belarus

(Unofficial translation)

 

Edict of the President of the Republic of Belarus

No.168 of March 21, 2008

[Amended as of June 27, 2011]

 

On Some Measures on Realization of Investment Projects Financed at the Expense of External State Loans and External Loans Attracted against Guarantees of the Government of the Republic of Belarus

For the purposes of ensuring more active realization of investment projects financed at the expense of external state loans and external loans attracted against guarantees of the government of the Republic of Belarus, aimed at the innovative development of the economy of the Republic of Belarus:

1. to establish that legal persons – residents of the Republic of Belarus which realize investment projects financed at the expense of external state loans and external loans attracted against guarantees of the government of the Republic of Belarus, included in the list of such projects approved by the Council of Ministers of the Republic of Belarus:

1.1. are entitled, when holding procurement of goods (works, services) for the realization of the given investments projects, not to hold competitive biddings (other procedure for procurement) if the a treaty, interbank agreement, individual credit agreement or another document containing terms and conditions of crediting when attracting external state loans (credits) stipulate special requirements of the creditor for the choice of the supplier (contractor, executor);

1.2. when importing technological equipment and spare parts thereto to the territory of the Republic of Belarus, intended for the realization of such investment projects, are exempted from customs duties and value added tax.

The list of technological equipment of spare parts thereto with indication of investments projects for the realization of which they are being imported to the territory of the Republic of Belarus is approved by the Council of Ministers of the Republic of Belarus.

In the event of use of that equipment of spare parts thereto outside the intended purpose, the customs duties and value added tax are to levied in accordance with the legislation;

1.3. are exempted from the payment for being granted guarantees of the Government of the Republic of Belarus on external state loans attracted against guarantees of the government of the Republic of Belarus.

2. The legal persons – residents of the Republic of Belarus mentioned in indent one of clause one of this Edict are reimbursed for the monetary funds in the amount of 50 per cent of the sum of interest payments on external state loans and external loans attracted against guarantees of the government of the Republic of Belarus.

The said reimbursement is made out of the republican budget through remittance of monetary funds to the current (settlement) accounts of such legal persons by the Ministry of Finance (its territorial bodies) on the basis of the data, agreed with the bank-agent, on amounts of accrued and paid interest for using the given loans, remittance order and copies of payment documents for repayment of interest for using those loans.

The reimbursement of monetary funds mentioned in part one of this clause is made in Belarusian rubles at the official rate of the National Bank on the date of the reimbursement.

3. When banks-agents service external state loans and external loans attracted against guarantees of the government of the Republic of Belarus for the realization of investment projects included in the list of such projects, stipulated in indent one of clause one of this Edict, the commission fee and margin of performing operation on attracting and repaying those loans are charged by the bank-agents in aggregate not exceeding 0,2 per cent of the amount of the loan.

The service of external state loans (credits) repaid at the expense of means of the republican budget provided for servicing of the external state debt are carried out by the banks authorized by the Government of the Republic of Belarus to service external state loans, subject to payment to them of a remuneration from each payment in the amount established by the law on the republican budget for the forthcoming financial year.

4. The Council of Ministers of the Republic of Belarus shall, within three-month period, ensure the bringing acts of legislation in compliance with this Edict and take other measures for its implementation.

5. The control over the compliance with this Edict is entrusted to republican bodies of state administration, other state organizations subordinated to the Government of the Republic of Belarus, in the subordination of which are (which include) legal persons which realized investment projects attracting external state loans and external loans attracted against guarantees of the government of the Republic of Belarus, regional and Minsk city executive committees (in relation to legal persons which are subordinated to them and have not departmental subordination), Committee of State Control.

6. This Edict enters into force from the day of its official publication.

 

President of the Republic of Belarus  

A.Lukashenko

 

* unofficial translation *