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Edict of the President of the Republic of Belarus No. 262 of June 9, 2005 [Amended As of July 17, 2014]

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Edict of the President of the Republic of Belarus No. 262 of June 9, 2005 [Amended As of July 17, 2014] Edict of the President of the Republic of Belarus No. 262 of June 9, 2005 [Amended as of July 17, 2014] 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, after April 1, 2008, an amount equivalent to not less than 1 Mln. euro; 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. 1.2. The legislation of the Republic of Belarus shall apply within the FEZ territory having regard to the peculiarities provided in the Agreement on issues of free (special) economic zones in the territory of the Customs Union and the customs procedure of free economic zone of June 18, 2010 (hereinafter – the Agreement), 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 ofFEZs; 1.3. [Excluded] 1.4. The FEZ Administration independently takes decision concerning the registration of legal persons and individual entrepreners as the FEZ residents , when their investment projects comply with the condition set forth in subclause 1.11 of this clause; 1.5. [Excluded] 1.6. [Excluded] 1.7. [Excluded] 1.8. [Excluded] 1.81 Waste arising as a result of operations with goods placed under the customs procedure of free customs zone, established in sub-clauses 5 and 6 of clause 1 of Article 13 of the Agreement 1 is considered as being processed into a state unfit for their further commercial use subject to their: transfer for deactivation and/or burial to a legal person or individual entrepreneur (hereinafter – organization) having a special permit (license) for the activity affecting the environment, integral works and services of which are deactivation and/or burial of waste (hereinafter – special permit (license)); deactivation and/or burial by the FEZ resident on its own objects for deactivation and/or burial of waste if it has a special permit (license); transfer to an organization carrying out, under the procedure established by the legislation, operation of an object for use of waste for their subsequent use as secondary raw materials; use by the FEZ resident on an object operated by the latter for use of waste. The information about objects included in the register of objects for use of waste and about organizations which obtained a special permit (license) shall be placed and updated on the official site of the Ministry of Natural Resources and Environmental Protection in the global computer network Internet and must contain accordingly: name of the object for use of waste, description and code of waste to be used in accordance with the Classifier of wastes generated in the Republic of Belarus, and also name, legal address, means of communication (phone, electronic mail) – for a legal person, surname, own name, patronymic (if available), place of residence, means of communication (phone, electronic mail) – for an individual entrepreneur, having the ownership to objects for use of wastes and operating them; data about licensee (name and location of the legal person, surname, own name, patronymic (if available), place of residence of the individual entrepreneur, description of the licenses activity with indication of works and services which it comprises for carrying out of which the special permit (license) is issued (deactivation and/or burial of waste), number of the special permit (license), date of issuance and validity term. Actualization of the information on the site specified in indent one of part two of this sub-clause shall be carried out within 14 working days after: registration of an object for use of waste or exclusion of such an object from the register of objects for use of waste; receipt of a special permit (license) or adoption of a decision about its annulment, termination, suspension, restoration of validity of the special permit (license); change of the data specified in indents two and three of part two of this sub-clause. Removal of waste specified in indent one of part one of this sub-clause from a free customs zone created in the FEZ territory, within the limits of which the customs procedure of free customs zone is applied, for transfer to organizations operating an object for use of waste and/or having a special permit (license) is carried out on the basis of a written request of the declarant of the customs procedure of free customs zone to the customs body with indication of the data about the waste (description, weight netto) and about the time limit for its transfer, and also the name of the legal person or surname, own name, patronymic (if available) of the individual entrepreneur, which accept the waste for its use, deactivation, burial, with enclosure of a copy of the contract certified by the declarantbetween the latter and the mentioned legal person or individual entrepreneur. IF necessary the official of the customs body is entitled to request the presentation of the original of the mentioned contract. 2 The quantity of goods placed under the customs procedure of free economic zone in the part corresponding to the quantity of waste unfit to its further commercial use, for the purposes of recognition of such goods as not being under the customs control is determined by the declarant of the mentioned customs procedure in the order established by the Council of Ministers of the Republic of Belarus. ______________________ * For the purposes of application of this Edict, the operation “consumption of goods” specified in sub-clause 6 of clause 1 of Article 13 of the Agreement is understood to be performance of operations with goods placed under the customs procedure of free customs zone as a result of which such goods are fully destroyed in relation to ensuring of the technological process for processing (treatment), fabrication or reparr of other goods, unless otherwise determined by the customs legislation of the Customs Union. 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. [Excluded] 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. when a contractor performs works on construction and/or reconstruction of immovable property objects and infrastructure objects within the FEZ boundaries, being made within the framework of an investment project implemented by a FEZ resident with use of goods place under the customs procedure of free customs zone, it is not required to complete the customs procedure of free customs zone in relation to such goods and/or to pay import customs duties, value added tax provided that these goods are not removed beyond the boundaries of FEZ in which the customs procedure of free customs zone is being applied and are used for the purposes of implementation of the mentioned investment project; 1.17. the quantity of goods placed under the customs procedure of free economic zone, in the part corresponding to the quantity of manufacturing losses, lost irreparably as a result of performance with goods of operations established in sub-clauses 5) and 6) of clause 1 Article 13 of the Agreement for the purposes of recognition of such goods as not being under the customs control is determined by the declarant of the mentioned customs procedure in the order established by the Council of Ministers of the Republic of Belarus. 2. [Not given] 3. To establish, that: 3.1. After enactment of the present Edict, registration as FEZ residents shall not be made: 3 - in the FEZ "Brest" – in section No. 5, the borders of which have been set in Appendix to the Edict of the President of the Republic of Belarus of March 20, 1996, No. 114; - in the FEZ "Minsk" – in section No. 3, the borders of which have been set in Appendix 1 to the Edict of the President of the Republic of Belarus of March 2, 1998, No.
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