PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of April 27, 2023 No. 126

About change of presidential decrees of the Republic of Belarus

For the purpose of enhancement of state regulation of the security market I decide:

1. Make changes to presidential decrees of the Republic of Belarus (appendix).

2. Determine that:

provisions of paragraphs of thirty fifth, eighty third - the eighty seventh, ninety ninth, hundred first - the hundred sixth, hundred twenty first, hundred twenty second Item of 1 appendix are not applied to the bond issues registered till July 23, 2023;

the address and bond redemption which releases are registered till July 23, 2023 are performed according to the legislation on securities existing for July 22, 2023.

3. To provide to Council of Ministers of the Republic of Belarus till July 23, 2023 reduction of acts of the legislation in compliance with this Decree and to take other measures for its realization.

4. This Decree becomes effective in the following procedure:

paragraphs third - the hundred sixty sixth and hundred sixty ninth Item 1, appendix Items 2 and 3 - since July 23, 2023;

other provisions of this Decree - after its official publication.

Appendix

to the Presidential decree of the Republic of Belarus of April 27, 2023 No. 126

The list of the changes made to presidential decrees of the Republic of Belarus

1. In the Presidential decree of the Republic of Belarus of April 28, 2006 No. 277 "About some questions of regulation of the security market":

state Item 1 in the following edition:

"1. Determine that:

1.1. the procedure for issue (issue), the address and repayment of securities is determined:

Council of Ministers of the Republic of Belarus or the republican state body authorized by it by all types of securities, including features of issue (issue), the address and repayment of government securities, securities of local executive and administrative organs, except for securities of National Bank, the bank savings book to bearer, deposit and savings certificates;

National Bank in coordination with the republican state body performing state regulation of the security market (further - regulating authority), on securities of National Bank, the bank savings book to bearer, to deposit and savings certificates;

1.2. the regulating authority stops making and (or) execution of security transactions, including with the issued securities of nonresident issuers allowed to placement and (or) the address in the territory of the Republic of Belarus (further, unless otherwise specified, - securities), in trade system of the organizer of the securities trading or placement and (or) security circulation in the unorganized market by pronouncement of the instruction about suspension of the biddings by certain release (part of release) of securities or all securities of the issuer or suspension of placement and (or) security circulation of certain release (part of release) or all securities of the issuer (further - suspension):

in case of recognition in the procedure for issue of issued securities established by the legislation unfair, release (additional release) of issued securities invalid, and also suspensions or prohibitions of issue of issued securities;

in case of violation of the requirements established in subitems 1.7 and 1.8 of this Item;

in cases of making of the actions (failure to act) specified in part one of article 63 of the Law of the Republic of Belarus of January 5, 2015 to No. 231-Z "About the security market", identifications of other violations of the law about securities in case of control of issue (issue), the address and repayment of issued securities, including when conducting cameral checks;

in other cases established by legal acts.

The decision on renewal of the biddings or renewal of placement and (or) security circulation of certain release (part of release) or all securities of the issuer is accepted by certain release (part of release) of securities or all securities of the issuer after elimination of the violations which entailed suspension.

The regulating authority stops making and (or) execution of security transactions in trade system of the organizer of the securities trading and (or) in the unorganized market by pronouncement of the instruction about discharge from participation in the biddings by securities or participations in placement and (or) security circulation:

in cases of making of the actions (failure to act) specified in part one of article 63 of the Law of the Republic of Belarus "About the security market", identifications of other violations of the law about securities in case of control of issue (issue), the address and repayment of issued securities, including when conducting cameral checks;

in other cases established by legal acts.

The authorized structural division of regulating authority performing executive, the control, coordinating and regulating functions regarding state regulation of the security market, control of issue (issue), the address and repayment of securities (further - authorized structural division of regulating authority), performs the actions specified in parts of first or third of this subitem in case of identification of violations of the law about securities not during conducting check.

Territorial authorities of regulating authority perform the actions specified in parts of the first or fourth of this subitem in the territory of the corresponding administrative and territorial units.

Regulating authority for realization of the powers provided in the paragraph the second part four of article 8 of the Law of the Republic of Belarus "About the security market", this Decree and other legal acts having the right to obtain on a grant basis information from the state digital platforms, information systems and resources, bases and databanks including by remote access with observance of requirements of the legislation on information, informatization and information security, the bank law and the legislation on the state secrets.

The regulating authority establishes the list of securities transactions with which in the organized market of the professional participants of the security market having the right without mediation (further - professional participants) to make persons who are not professional participants;

1.3. the republican unitary enterprise "Republican Central Securities Depository" is Central Securities Depository in the Republic of Belarus (further - the central depositary);

1.4. disclosure of information on bond emission outside the Republic of Belarus according to the legislation of foreign states (further in this subitem - the bond) by submission to regulating authority of data in the form established by it in ten-day time from start date of placement of bonds in the territory of foreign state is performed:

the bond issuing institution who is resident of the Republic of Belarus;

the legal entity of the Republic of Belarus who is the receiver of means in type of loan, loans - in case of placement of the bonds emitted by the nonresident issuer outside the Republic of Belarus for the purpose of the direction of such means to legal entities of the Republic of Belarus in type of loan, loans;

1.5. banks, the non-bank credit and financial organizations, "Development Bank of the Republic of Belarus" open joint stock company (further - Development bank) have the right to perform with bonds of issuers - legal entities whom they service professional and exchange activity on securities;

1.6. issue strip bonds is performed without the provisions provided in subitem 1.7 of this Item.

Carrying out is not allowed:

procedures of stripovaniye during implementation by the issuer strip bonds of early repayment (the early redemption) of this release strip bonds;

early repayment (the early redemption) of release strip bonds during the procedure of stripovaniye of this release strip bonds;

early repayment of strips, except as specified, the specified in paragraphs three of part four and the paragraph third part five of subitem 1.8 of this Item;

1.7. obligation fulfillment on bonds is provided with pledge, and (or) the guarantee, and (or) liability insurance for non-execution (improper execution) of obligations of bond issuing institution, and (or) right to claim on the credits issued by banks on construction, reconstruction or acquisition of housing on the security of the real estate, or the bank guarantee, except as specified, specified in subitems 1. 6, 1.8, 1.10 and 1.15 these Items.

Can be pledge subject of bonds:

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