УКАЗ ПРЕЗИДЕНТА РЕСПУБЛИКИ БЕЛАРУСЬ

(Unofficial translation)

 

Edict of the President of the Republic of Belarus

No 255 of May 21, 2009
[Amended as of January 15, 2016]

 

On Some Measures of State Support to Small Entrepreneurship

 

With a view of further developing small entrepreneurship and increasing the efficiency of rendering state support thereto:

1. To establish that small entrepreneurship entities are:

individual entrepreneurs registered in the Republic of Belarus;

micro-organizations – commercial organizations registered in the Republic of Belarus with an average number of employees of up to 15 persons inclusively for a calendar year;

small organizations – commercial organizations registered in the Republic of Belarus with an average number of employees of 16 to 100 persons inclusively for a calendar year.

The average number of employees of small entrepreneurship entities is determined in the order specified in accordance with parts three and four of clause 4 of Regulations on rendering state financial support to small entrepreneurship entities and entities of the infrastructure supporting small and middle entrepreneurship at the expense of means provided in programs of state support to small and middle entrepreneurship, being approved by this Edict.

Special registration of individual entrepreneurs and legal persons as small entrepreneurship entities or other confirmation of the mentioned status from the state bodies is not required.

2. State financial support at the expense of means stipulated in state programs of state support to small and middle entrepreneurship is provided to:

2.1. small entrepreneurship entities via rendering by:

2.1.1. the Belarusian Fund of Financial Support to Entrepreneurs:

financial means on a repayable compensatory or gratuitous basis;

property on the conditions of a financial lease (leasing );

guarantees on preferential credits, including microcredits, granted by banks of the Republic of Belarus in accordance with sub-clause 2.1.3 of this clause;

2.1.2. regional executive committees and the Minsk City Executive Committee (according to a decision by a regional executive committee or the Minsk City Executive Committee – by city, district executive committees and/or local administration, institutions for financial support to entrepreneurs created in regions (city of Minsk):

financial means on a repayable compensatory or gratuitous basis;

subsidies for the compensation of a part of the interest for using bank credit;

subsidies for the reimbursement of a part of the expenses for the repayment of leasing payments according to financial lease contracts (leasing contracts) in the part of the payment of the sum of the compensation (income) of the lessor;

subsidies for the compensation of a part of expenses related to participating in exhibition-fair events or to organizing them;

2.1.3. banks of the Republic of Belarus preferential credits, including microcredits, at the expense of means of local budgets, stipulated in state programs of support to small and middle entrepreneurship and placed into deposits of these banks;

2.2. entities of the infrastructure supporting small entrepreneurship (centers supporting small entrepreneurship, incubators of small entrepreneurship) by the assignment of subsidies by regional executive committees and the Minsk City Executive Committee.

3. Financing of the measures of programs of state support to small and middle entrepreneurship (conducting competitions, publishing textbooks of methodology, developing information resources and other measures), which are not related to the state financial support specified in clause 2 of this Edict, is carried out at the expense of means of the republican budget by the Ministry of Economy, local budgets – by regional executive committees and the Minsk City Executive Committee according to the legislation on public procurement.

4. To approve the enclosed Regulations on rendering state financial support to small and middle entrepreneurship entities and entities of the infrastructure supporting small entrepreneurship at the expense of means provided for in programs on state support to small entrepreneurship.

5. [Not given]

6. The Council of Ministers of the Republic of Belarus shall:

beginning from the year 2010, develop and approve for the term of 3 years programs of state support to small and middle entrepreneurship;

annually, provide in the project of the republican budget expenses for the financing of state programs of support to small and middle entrepreneurship in accordance with this Edict;

within a six-month period, ensure the bringing of acts of legislation in accordance with this Edict and take other measures on its implementation.

7. Regional executive committees and the Minsk City Executive Committee shall:

beginning from the year 2010, ensure the development and approval of regional programs for state support to small and middle entrepreneurship for the term of 3 years;

in a two-month period, develop and approve a procedure of conducting competitions of investment projects of small entrepreneurship entities for their financing at the expense of means provided in regional programs of state support to small and middle entrepreneurship.

8. Regional and the Minsk City Councils of Deputies shall develop and approve the regulations on rendering state financial support to small and middle entrepreneurship entities and entities of the infrastructure supporting small entrepreneurship at the expense of means stipulated in regional programs of state support to small entrepreneurship in accordance with this Edict.

9. This Edict does not cover decisions on rendering state financial support to small entrepreneurship entities that were adopted prior to the entry into force of this Edict.

10. This Edict enters into force from 1 July 2009 with the exception of this clause and clauses 6-8, that enter into force from the date of the official publication of this Edict.

 

President of the Republic of Belarus                                                                                            A.Lukashenko

APPROVED

Edict of the President
of the Republic of Belarus
No 255 of May 21, 2009

 

 

REGULATIONS

on rendering state financial support to small entrepreneurship entities and entities of the infrastructure supporting small and middle entrepreneurship at the expense of means provided for in programs of state support to small and middle entrepreneurship

 

CHAPTER 1

GENERAL PROVISIONS

 

1. These Regulations determine the procedure for rendering state financial support to small entrepreneurship entities and entities of the infrastructure supporting small and middle entrepreneurship at the expense of means provided in programs of state support to small entrepreneurship (hereinafter – programs).

2. The means appropriated for programs implementation are republican budget means, including those provided to the Belarusian Fund of Financial Support of Entrepreneurs (hereinafter – the Fund), local budget means, including those placed in deposits of banks, as well as those appropriated to the institutions of financial support to small entrepreneurs which are created in regions (the city of Minsk) and accumulated on their accounts.

Upon decisions of regional executive committees or the Minsk City Executive Committee state financial support may be granted by city, district executive committees and/or local administrations and also through institutions for financial support to entrepreneurs created in regions (city of Minsk). Financial means provided to small entrepreneurship entities on a repayable compensatory or gratuitous basis and payment for using these means are accumulated on accounts of institutions for financial support to entrepreneurs and used for financing programs arrangements.

3. State financial support is provided to small entrepreneurship entities on a competitive basis, with the exception of the cases specified in part four of this clause, when they implement investment projects or business projects in the following areas:

creation, development and expansion of the production of goods (works, services);

organization, development of the production, and realization of export-oriented, import-replacing products;

production of products oriented at the efficient use of resources and energy;

adoption of new technologies.

Other areas of investment projects, for implementation of which small entrepreneurship entities are provided with state financial support on a competitive basis, may be determined by the Council of Ministers of the Republic of Belarus – when rendering such support from the means of the republican budget, and by regional executive committees and the Minsk City Executive Committee – at the expense of the means of local budgets.

State financial support is provided to small entrepreneurship entities, implementing investment projects or business projects for constructing or purchasing of capital constructions (buildings, structures), isolated premises and/or their repairing and reconstructing, purchasing of equipment, transportation means, special devices and appliances, procuring components, raw materials and materials for own production and service rendering.

The competitive selection of investment projects or business projects is not held:

for provision by the Fund of guarantees to banks on preferential credits, including microcredits, being granted to small entrepreneurship entities, for granting by regional executive committees and the Minsk City Executive Committee of subsidies for reimbursement of a part of expenses related to participation in (organization of) in exhibitions or fairs, subsidies to entities of the infrastructure supporting small and middle entrepreneurship, and also when small entrepreneurship entities are being credited, including microcrediting, on favourable terms;

in other cases established by the legislative acts.

An obligatory condition of rendering state financial support on a competitive basis to small entrepreneurship entities shall be the creation of new workplaces.

4. State financial support may not be granted at the expense of means allocated in programs to small entrepreneurship entities:

average number of workers of which for a calendar year, on the date of applying for such support, exceeds the numbers established in indents 3 and 5 of part one of clause one of the Edict which approves these Regulations;

proceeds of which from realization of goods (performance of works, rendering of services), exclusive of value-added tax for a calendar year, exceeds the established limits;

in the statutory fund of which the stake of the Republic of Belarus, its administrative and territorial units, foreign legal persons, foreign citizens and stateless persons, public associations, (with the exception of public associations of invalids), unions (associations), funds, one or several legal persons not being small entrepreneurship entities, exceeds 49 percent (with the exception of entities of the infrastructure supporting small and middle entrepreneurship);

which are banks, non-bank credit and financial organizations, insurance organizations, professional participants in the securities market or pawnshops;

which are participants of concession contracts (agreements) on production sharing, concluded with foreign investors under the procedure determined by the legislation;

which are conducting activities in the gambling industry, lottery activity, electronic interactive games, manufacture and realization of excisable goods, extraction of minerals, except for commonly available mineral resources.

State financial support is not granted to a small entrepreneurship entity if:

this entity is in the process of reorganization, liquidation (termination of activity), or economic insolvency (bankruptcy);

it has not submitted documents specified in these Regulations, necessary for making a decision for rendering state financial support, or inaccurate information is contained in the documents which have been submitted;

three years have not elapsed from the day of violation of conditions for rendering state financial support by this entity;

it has indebtedness on payments to the budget and to state not-budgetary funds;

this entity has losses according to results of actually working hours in the current year on the date of applying for state financial support.

The average number of employees of small entrepreneurship entities – legal persons for a calendar year is determined in the established order as: the listed number of employees on average for the year (with the exception of employees that are on maternity leave, on leave in connection with the adoption of a child up to three months of age, or on leave for caring for a child until that child has reached the age of three years); the average number of part-time employees whose primary employment is with other employers; the average number of persons which have been carrying out works on civil-law contracts (including those concluded with legal persons when the subject matter of the contract is rendering services on providing or employment of workers).

This number of employees is determined in a whole for the legal person, including affiliates, representations and its other separate subdivisions.

The limits of proceeds from realization of goods (performance of works, rendering of services), specified in indent 3 of part one of this clause, are established annually by the Council of Ministers of the Republic of Belarus in coordination with the President of the Republic of Belarus.

Small entrepreneurship entities, when applying for state financial support, submit to corresponding state bodies and other organizations, which render such support, the data on the average number of employees (for legal persons) and proceeds from realization of goods (performance of works, rendering of services), without account of value-added tax for a calendar year preceding the year of applying, certified by the signature of the head and by the stamp of the legal person or by the signature of the individual entrepreneur and the stamp, if available.

Regional executive committees, the Minsk City Executive Committee, the Fund are entitled, for taking decisions about granting state support, to request the data about the profit received by an individual entrepreneur in the expired year and also for actual working hours in the current year at the tax body at the place of putting on record of the individual entrepreneur.

5. The means assigned within the framework of programs on rendering state financial support to small entrepreneurship entities, entities of the infrastructure supporting small and middle entrepreneurship and used by them not for the designated purpose, are subject to reimbursement (recovery) with application of measures according to legislative acts.

6. The control over the designated use of the means assigned within the framework of programs on rendering state financial support to small entrepreneurship entities, entities of the infrastructure supporting small and middle entrepreneurship from the republican budget is carried out by the Ministry of Economy, of those assigned from local budgets – by regional executive committees and the Minsk City Executive Committee.

 

CHAPTER 2

PROCEDURE FOR CONDUCTING A COMPETITION OF INVESTMENT PROJECTS OF SMALL ENTREPRENEURSHIP ENTITIES

 

7. A competition of investment projects (hereinafter – competition) of small entrepreneurship entities which are applicants to receive state financial support (hereinafter – applicants), at the expense of the means of programs, allocated from the republican budget, is conducted by the Fund in accordance with these Regulations and the rules approved by the board of the Fund.

8. The main principles for conducting a competition of applicants’ investment projects are the transparency of procedures of conducting a competition, openness of information about its conducting, and competition of investment projects.

9. The basic criteria for the selection of investment projects when conducting a competition are:

conformity of the investment project with the areas specified in part one of clause 3 of these Regulations or determined in accordance with part 2 of this clause;

relevance and perspective of the investment project, its final result;

planned attraction of means for the implementation of the investment project from other sources;

supposed number of new workplaces and the substantiation of their creation.

10. The Fund ensures:

the publication in official mass media of the conditions of conducting the competition and the requirements for its applicants;

the collection of applications for participation in the competition;

the selection of investment projects of small entrepreneurship entities for providing state financial support for their implementation.

11. Applicants shall direct the following documents to the Fund:

an application for participation in the competition indicating the requested type and amount of state support, and also the supposed number of new workplaces;

a copy of the certificate of state registration of the legal person, of the statute of the legal person (constituent contract for legal persons organizations which operate on the basis of the constituent contract), of the certificates of state registration of individual entrepreneur;

documents specified in part 6 of clause 4 of these Regulations;

a feasibility study (including financial aspects) of the investment project;

balance sheet and enclosures thereto for the previous year, and also for actual working hours in the current year (for small entrepreneurship entities applying the simplified taxation system – a tax declaration for the preceding year and also for actual working hours in the current year);

a letter (statement) from the bank about accounts opened with the indication of persons having the right for the first and second signature of financial documents, the amount of debit and credit turnovers on accounts opened in the bank for the last month, the availability of claims on unpaid bills, and overdue credit indebtedness;

data on providing security of the return of requested state support.

12. Applicants are not allowed to participate in the competition in the cases stipulated in parts one and two of clause 4 of these Regulations.

13. On the basis of documents submitted by participants in the competition, the Fund, within 15 calendar days from the end of the application period conducts an inspection of their conformance with the requirements of these Regulations and makes a decision on providing state financial support to the entity of small entrepreneurship or on refusing such support. The applicant is to be notified in writing about the taken decision within 3 calendar days.

In the case of taking a decision to render state financial support, the Fund concludes a contract with the small entrepreneurship entity, in which the type of state financial support being rendered, the conditions of its rendering, and the procedure of its use are specified.

In the case of a decision refusing state financial support, the reasons for refusal are to be specified in the notification.

14. The competition is deemed not to be held in the case, when:

by the end of the period established for its conducting, no application has been submitted or only one application to participate in the competition has been submitted;

all submitted applications do not correspond to the requirements of the competition documents.

 

CHAPTER 3

GRANTING OF FINANCIAL MEANS ON A REPAYABLE COMPENSATORY OR GRATUITOUS BASIS

15. To receive financial means on a repayable compensatory or gratuitous basis, small entrepreneurship entities shall participate in the competitive selection of investment projects and submit the documents to the Fund that are specified in clause 11 of these Regulations.

These means are provided by the Fund for a term of up to 5 years.

16. The interest rate for the use of financial means on a repayable compensatory basis is set in the amount of the refinancing rate of the National Bank. With regard to the social and economic importance of the investment project, the amount of the interest rate can be set below the refinancing rate of the National Bank, but not less then 0.5 of that rate.

17. The fulfilment of obligations on the return of provided financial means and the interest shall be secured by the small entrepreneurship entity by the pledge of property, guarantee, surety, and by other ways provided for by the legislation.

18. Upon violation by the recipient of financial means of established terms of their return, a penalty interest is charged on the means that have been received on a repayable compensatory basis in the amount of the interest rate specified in the contract increased 1.5 times, and on those received on a repayable gratuitous basis in the amount of the refinancing rate of the National Bank effective on the day when the indebtedness has arisen.

19. In the case of violation by the recipient of the terms established for the return of financial means, the charging of the penalty interest is made from the day following the day when the obligation to return those means becomes due.

 

CHAPTER 4

PROVISION OF PROPERTY UNDER A FINANCIAL LEASE CONTRACT (LEASING CONTRACT)

 

20. To receive property under a financial lease contract (leasing contract), small entrepreneurship entities shall participate in the competitive selection of investment projects and submit to the Fund the documents specified in clause 11 of these Regulations.

21. The property under a financial lease contract (leasing contract) is provided to the small entrepreneurship entity after the financial lease contract (leasing contract) has been concluded with the Fund.

Such a contract is concluded for a term from one to five years.

22. The cost of the property transferred under a financial lease contract (leasing contract) must not exceed 8000 base units.

23. The compensation (income) of the Fund on the financial lease contract (leasing contract) is set at the amount of the refinancing rate of the National Bank from the sum of monetary means which are directed by the Fund for purchase of the leasing object. With regard to the social and economic importance of the investment project, the amount of the Fund compensation (income) may be set below the refinancing rate of the National Bank from the sum of monetary means directed by the Fund for purchase of the leasing object, but not less then 0.5 of that rate.

24. The fulfillment of obligations on repayment of leasing payments is secured by the pledge of property, guarantee, suretyship, and by other ways provided for by the legislation.

25. Upon violation by the small entrepreneurship entity of the established terms of making leasing payments, a penalty interest is charged in the amount of 0.1 percent of the sum that has not been paid for each overdue day.

In the case of violation by that entity of the established terms of making of leasing payments, the charging of the penalty interest is made from the day following the day when the obligation to return those means becomes due.

 

CHAPTER 5

GUARANTEES ON PREFERENTIAL CREDITS, INCLUDING MICROCRDITS, EXTENDED BY BANKS OF THE REPUBLIC OF BELARUS

 

26. In order to secure the fulfilment of obligations on preferential credits, including the microcredits, extended by banks of the Republic of Belarus (hereinafter – banks) to small entrepreneurship entities, under the procedure in accordance with Chapter 6 of these Regulations, the Fund may provide guarantees to the banks.

27. The amount of a guarantee for one small entrepreneurship entity may not exceed 70 percent of the preferential credit sum, including the microcredit, and 30 percent of the means assigned to the Fund for provision of guarantees within the financial year. The guarantee does not apply to the interest for the use of the preferential credit, including the microcredit, in accordance with the credit contract, other obligations out of the credit contract, and also expenses incurred by the bank in order to obtain the fulfilment of the obligation.

28. The guarantee is provided for the preferential credit, including the microcredit, extended for the realization of an investment project or business project in which the share of the borrower’s own means is not less than 30 percent of the preferential credit sum (including the microcredit).

29. To receive a guarantee for a preferential credit, including the microcredit, the small entrepreneurship entity, being the borrower, submits to the Fund an application and a draft of the credit contract of the small entrepreneurship entity with the creditor bank or a written preliminary consent of the creditor bank with indication of the amount and conditions of the credit, including the microcredit, and also the documents specified in indents 3 – 7 of clause 11 of these Regulations.

The Fund is entitled to request other documents concerning the financial and economic activity of the small entrepreneurship entity that has applied for a guarantee.

30. The decision on granting a guarantee or its refusal is to be taken by the Fund within 15 calendar days from the date of submission of the necessary documents by the small entrepreneurship entity. Within 3 calendar days, the small entrepreneurship entity is notified in writing of the decision that has been taken. In the event of a decision refusing the guarantee, the grounds for the refusal are specified in the notification.

31. The small entrepreneurship entity, being the borrower, transfers to the Fund a payment for granting the guarantee in the amount of 5 percent of the sum of the provided guarantee.

32. In order to secure the fulfilment of the guarantee contract, concluded between the Fund and the small entrepreneurship entity, the Fund places the monetary means in deposits in the creditor bank for the validity term of the credit contract.

33. In the event of failure of the small entrepreneurship entity, being the borrower, to fulfill obligations on repayment of the preferential credit, including the microcredit, the bank, upon the expiry of 5 banking days from the day when the payment on the preferential credit, including the microcredit, becomes due, sends to the Fund the documents necessary for executing the Fund guarantee and the copies of the documents confirming the making of the demand to the borrower. In this instance, payments in accordance with the Fund guarantee are recovered by the bank in an indisputable order from the Fund’s accounts.

The payments made by the Fund in accordance with the guarantee, are recovered from the small entrepreneurship entity that did not fulfil obligation on the preferential credit repayment, including the microcredit, through the court.

34. The small entrepreneurship entity, being the borrower, bears the responsibilities for the intended use of the preferential credit, including the microcredit, and its timely repayment in accordance with the concluded credit contract.

 

CHAPTER 6

PREFERENTIAL CREDITING, INCLUDING MICROCREDITING

 

35. Regional executive committees and the Minsk City Executive Committee are entitled to place the means of local budgets, assigned for rendering state financial support to small entrepreneurship entities within the framework of the programs, in bank deposits on the basis of concluded contracts (agreements) between banks and regional executive committees, the Minsk City Executive Committee for the subsequent granting of preferential credits, including microcredits, to small entrepreneurship entities by banks with a view of their implementing investment projects or business projects in the areas specified in part one of clause 3 of these Regulations or specified in accordance with part 2 of the said clause. Contracts (agreements) of banking deposit between regional executive committees, the Minsk City Executive Committee and banks shall be concluded for a term of up to seven years irrespective of the effective period of the programs.

A business project submitted by a small entrepreneurship entity for receiving a preferential microcredit must contain concrete information about the purposed of crediting, carrying out and development of respective directions of activities, kinds and amounts of goods (works, services) supposed for realization, expected proceeds from this realization.

36. The amount of the interest rate on the means of the local budgets, placed in bank deposits, is 0.5 of the refinancing rate of the National Bank on the date of conclusion of the contract on placing the mentioned means in deposits.

In case of an increase of the refinancing rate established by the National Bank, the amount of the interest rate on means of the local budgets placed in deposits in banks shall be changed from the day of entry into force of a respective resolution of the Board of the National Bank. In case of a decrease of the refinancing rate established by the National Bank, the amount of the interest rate on means of the local budgets placed in deposits in banks shall be changed upon expiration of at least one month from the day of the preliminary notification of the depositor.

37. Banks, with the participation of representatives of regional executive committees and the Minsk City Executive Committee, carry out the selection and examination of investment projects of small entrepreneurship entities for providing them preferential bank credits, including microcredits, within the limits of monetary means placed by regional executive committees and the Minsk City Executive Committee.

38. The amount of the interest rate under a preferential credit, including a microcredit, is determined by bank at the amount not exceeding the refinancing rate established by the National Bank on the day when the bank has taken decision on providing a preferential credit (including the microcredit).

In case of a change of the refinancing rate established by the National Bank, the amount of the interest rate on means on beneficiary credit, including a microcredit, shall be changed from the day of entry into force of a respective resolution of the Board of the National Bank.

39. Banks are entitled to determine on their own the list of documents necessary for receiving preferential credits, including microcredits, by small entrepreneurship entities.

40. Banks exercise control over the timely and full fulfilment of obligations by small entrepreneurship entities.

 

CHAPTER 7

PROVISION OF SUBSIDIES TO SMALL ENTREPRENEURSHIP ENTITIES

 

41. Subsidies are provided to small entrepreneurship entities by regional executive committees and the Minsk City Executive Committee for the reimbursement of:

a part of interest for using bank credits;

expenses for the repayment of a part of leasing payments according to financial lease contracts (leasing contracts) in the part of the payment of the sum of the compensation (income) of the lessor;

a part of expenses related to participating in exhibition-fair events or to organizing them;

42. To receive state financial support in the form of reimbursement of a part of interest for using bank credits, small entrepreneurship entities shall participate in the competition of investment projects and provide to regional executive committees, the Minsk City Executive Committee, documents specified in indents 2 – 6 of clause 11 of these Regulations, and also:

a copy of the credit contract;

statement from the credit account;

the schedule of credit repayment and payment of interest on that credit;

copies of the payment orders confirming the intended use of the credit;

copies of the payment orders confirming the payment of interest on the credit;

the calculation of the amount of the subsidy for the payment of interest on the credit.

The decision on granting state financial support in the form of reimbursement of a part of the interest for using bank credits or its refusal is made by regional executive committees, the Minsk City Executive Committee on the basis of the documents presented by participants in the competition within 15 calendar days from the date the their submission by all applications. Within 3 calendar days, the small entrepreneurship entity is notified in writing of the decision that has been taken. In the event of a decision refusing state financial support in the form of reimbursement of a part of the interest for using bank credits, the grounds of the refusal are indicated in the notification.

The reimbursement of a part of the interest for using bank credits to small entrepreneurship entities is made within validity terms of credit contracts.

The reimbursement of a part of the interest for using a bank credit received:

in Belarusian rubles, is carried out in the amount not exceeding 0.5 of the refinancing rate of the National Bank, established on the date of interest reimbursement;

in foreign currency, – in the amount not exceeding 0.5 of the interest rate on the credit.

The reimbursement is made in Belarusian rubles at the official rate of the National Bank on the date of adoption of the decision on reimbursing the interest.

43. For granting state financial support in the form of reimbursement of a part of the expenses for making leasing payments according to the financial lease leasing contracts in the part of payment of the sum of the compensation (income) of the lessor, small entrepreneurship entities shall participate in the competition of investment projects and submit to regional executive committees, the Minsk City Executive Committee, documents specified in indents 2 – 6 of clause 11 of these Regulations, and also:

a copy of the financial lease leasing contract

copies of documents confirming the transfer of the leasing object to the small entrepreneurship entity;

calculation of the amount of the subsidy for payment of the sum of the compensation (income) of the lessor;

copies of documents confirming the payment of the sum of the compensation (income) of the lessor.

The decision on granting state financial support in the form of the compensation of a part of the expenses for making leasing payments according to the financial lease leasing contracts in the part of payment of the sum of compensation (income) of the lessor or its refusal is taken by regional executive committees, the Minsk City Executive Committee on the basis of the documents submitted by participants in the competition within 15 calendar days from the date of their submission by all applicants. Within 3 calendar days, the small entrepreneurship entity is notified in writing of the decision that has been taken. In the event of a decision on refusing state financial support in the form of the compensation of a part of the expenses for making leasing payments according to the financial lease leasing contracts in the part of payment of the sum of compensation (income) of the lessor, the grounds for the refusal shall be specified in the notification.

To be reimbursed to the small entrepreneurship entities shall be a part of the expenses for making leasing payments according to a leasing contract (financial lease) in the part of payment of the sum of remuneration (income) of the lessor beginning from the month following the month in which regional executive committees, Minsk City Executive Committee took decision about such compensation and till the end of validity terms of the financial lease (leasing) contracts in the amount not exceeding 0.5 of the lessor’s compensation (income) amount.

In the event of purchasing leasing objects with foreign currency, the reimbursement of a part of the expenses for making leasing payments is made in Belarusian rubles at the official rate of the National Bank on the date of the adoption of the decision on reimbursing a part of the expenses for those payments.

44. The reimbursement of a part of expenses related to participating in exhibitions and fairs or to organizing them, is carried out concerning applicants – small entrepreneurship entities which are participants or organizers of exhibitions and fairs (hereinafter – applicants), in the amount not exceeding 50 percent of expenses incurred by the applicant in the part of payment for the lease of exhibition areas and exhibition equipment, publication of printed materials about participants of exhibitions and fairs, production and distribution of advertisements of the exhibitions and fairs being organized in the mass media.

Subsidies for the reimbursement of a part of expenses related to participating in exhibitions and fairs or to organizing them are granted to applicants in relation to contracts the obligation under which have been fulfilled and paid.

In case the applicant incurred the expenses related to participating in exhibitions and fairs or to organizing them in foreign currency, reimbursement of a part of these expenses shall be performed in Belarusian rubles at the official rate of the National Bank on the date of the adoption of the decision on granting such form of state financial support.

For providing state financial support in the form of reimbursement of a part of expenses related to participating in exhibitions and fairs or to organizing them, applicants shall submit to regional executive committees, the Minsk City Executive Committee the following documents:

an application containing brief information concerning participation in exhibitions and fairs or organization thereof, with indication of the amount of expenses related to the lease of exhibition areas and exhibition equipment, publication of printed materials about participants of exhibitions and fairs, production and distribution of advertisements of the exhibitions and fairs being organized in the mass media;

a copy of the certificate of state registration;

documents specified in part six of clause 4 of these Regulations;

exhibits plan;

the protocol of agreement of the price on provided services;

copies certified by the applicant of payment orders and the acceptance act of works and/or services, confirming the payment of expenses concerning participation in exhibitions and fairs or organization thereof.

Small entrepreneurship entities which are organizers of exhibitions and fairs shall additionally present copies of contracts with organizations providing into lease exhibition areas and exhibition equipment for holding the exhibition or fair, copies of the contract with organizations carrying out publication of printed materials about participants of exhibitions and fairs, placement (distribution) of advertisements of exhibitions and fairs being organized in the mass media.

The decision on granting state financial support in the form of reimbursement of a part of expenses related to participating in exhibitions or fairs or to organizing them or on its refusal shall be taken by regional executive committees, the Minsk City Executive Committee within 15 calendar days from the date of submission by the applicant of necessary documents. The applicant shall be notified in writing about the taken decision within 3 calendar days. In the event of a decision to refuse state financial support in the form of reimbursement of a part of expenses related to participating in exhibitions or fairs or to organizing them, the grounds for the refusal shall be specified in the notification.

 

CHAPTER 8

PROVISION OF SUBSIDIES TO ENTITIES OF THE INFRASTRUCTURE
SUPPORTING SMALL AND MIDDLE ENTREPRENEURSHIP

 

45. Subsidies are provided to entities of the infrastructure supporting small and middle entrepreneurship (to centers supporting entrepreneurship, incubators of small entrepreneurship) by regional executive committees and the Minsk City Executive Committee with a view of implementing the tasks on support and development of small and middle entrepreneurship entities for:

constructing or purchasing of capital constructions (buildings, structures), isolated premises and/or their repairing and reconstructing, and also constructing (including reconstruction, major repairs) of engineering infrastructure objects;

development of designing documentation for constructing (including reconstruction, major repairs) of capital constructions (buildings, structures), isolated premises;

organizing access to telecommunications networks and/or the global computer network Internet;

purchasing of office furniture, computer and copying-duplicating equipment, software;

reimbursement of a part of expenses related to participating in exhibitions or fairs or to organizing them in accordance with the procedure specified in clause 44 of these Regulations;

compensation of expenses for holding of and/or participating in events directed at support and development of small entrepreneurship (conferences, marketing research, training courses (lycea, thematic seminars, case studies, trainings, and others types of training courses).

Subsidies are provided to entities of the infrastructure supporting small and middle entrepreneurship on the conditions of:

shared financing of events;

ensuring volume increase of the services provided to small and middle entrepreneurship entities.

46. To receive subsidies for the purposes specified in indent 6 of part one of clause 45 of these Regulations, entities of the infrastructure supporting small and middle entrepreneurship shall provide to regional executive committees, the Minsk City Executive Committee the documents specified in indents two, three, five – seven of part four of clause 44 of these Regulations, and for the purposes specified in indents two – five and sevent of part one of clause 45 of these Regulations:

the application;

a copy original of the certificate of state registration;

substantiation of the expediency of realization of the project, the term of its realization, costs of the project, the information on the amount of its own contribution and the requested sum, and the volume increase of services provided to small entrepreneurship entities;

the balance sheet for the preceding year, and also for last reported date of the current year.

At the request of a regional executive committee or the Minsk City Executive Committee, which has provided the subsidy, entities of the infrastructure supporting small and middle entrepreneurship submit documents confirming the intended use of the subsidy.

47. The decision on granting a subsidy to the entity of the infrastructure supporting small and middle entrepreneurship or its refusal is taken by regional executive committees, the Minsk City Executive Committee within 15 calendar days from the date of submission of necessary documents by the entity of the infrastructure supporting small and middle entrepreneurship. Within 3 calendar days, the entity of the infrastructure supporting small and middle entrepreneurship is notified in writing of the decision that has been taken. In the event of a decision refusing the subsidy provision, the grounds for the refusal shall be specified in the notification.

48. In the event of taking a decision on the expediency of provision of the subsidy under the established procedure, a regional executive committee, the Minsk City Executive Committee concludes a contract on the subsidy provision with the entity of the infrastructure supporting small and middle entrepreneurship.

 

* unofficial translation *