RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of February 19, 2016 No. 140

About modification and amendments in the resolution of Council of Ministers of the Republic of Belarus of February 17, 2012 No. 156

According to Item 3 of the Decree of the President of the Republic of Belarus of August 31, 2015 "About foreign free aid" the Council of Ministers of the Republic of Belarus DECIDES: No. 5

1. Bring in the single list of the ministerial procedures performed by state bodies and other organizations concerning legal entities and individual entrepreneurs, No. 156 approved by the resolution of Council of Ministers of the Republic of Belarus of February 17, 2012 "About approval of the single list of the ministerial procedures performed by state bodies and other organizations concerning legal entities and individual entrepreneurs, entering of amendment into the resolution of Council of Ministers of the Republic of Belarus of February 14, 2009 No. 193 and recognition voided some resolutions of Council of Ministers of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2012, No. 35, 5/35330; No. 67, 5/35810), following changes and amendments:

1.1. state Items 2.35 and 2.36 in the following edition:

"2.35. Registration of the foreign free aid which arrived in the form of money	Department on humanitarian activities of Administration of the President of the Republic of Belarus	statement the plan of target use (distribution) of foreign free aid in duplicate in the established form the document confirming introduction (transfer, receipt) of foreign free aid in the form of money including in foreign currency, on the charitable bank account of the Republic of Belarus, and its copy the copy of the agreement, the donative letter or other document containing data on conditions and the purposes of use of foreign free aid	5 working days following behind day of approval by the President of the Republic of Belarus of the purpose of use of the help and (or) its tax exemption, charges (duties) – in case of registration of the help for the purposes determined by Administration of the President of the Republic of Belarus in coordination with the President of the Republic of Belarus and (or) release it from taxes, charges (duties)	it is termless	free of charge
		the conclusion of competent authority about approval is more whole than use of foreign free aid and (or) feasibility of its tax exemption, charges (duties) in the established form – in case of the request for release of foreign free aid from taxes, charges (duties) copy of the certificate on state registration of the legal entity, individual entrepreneur	10 working days following behind day of giving in Department on humanitarian activities of Administration of the President of the Republic of Belarus of the statement for help registration – in other cases
2.36. Registration of the foreign free aid which arrived (arriving) in the form of goods (property)	Department on humanitarian activities of Administration of the President of the Republic of Belarus	statement the plan of target use (distribution) of foreign free aid in duplicate in the established form the copy of the document confirming departure (provision) of goods (property) to the receiver with indication of their name, quantity and cost and also the copy of this document translated to one of state languages of the Republic of Belarus – in case of creation of this document in foreign language. In the absence of such document the explanatory note of the receiver with indication of the name of goods (property), their quantity, cost and the information about the sender is attached the letter of the sender of foreign free aid explaining the reasons of discrepancy of the data specified in transport (transportation) and other documents according to which goods (property) were imported (were acquired), to the actual data on goods (property), – in case of detection of such discrepancy the acceptance act of foreign free aid in the form of goods (property), except for registration of the help in the cases provided in Item 21 of the Regulations on procedure for obtaining, accounting, registration, use of foreign free aid, the control of its obtaining and target use, and also registration of humanitarian programs approved by the Decree of the President of the Republic of Belarus of  August 31, 2015 No. 5 "About foreign free aid" (The national legal Internet portal of the Republic of Belarus, 03.09. 2015, 1/15998), – for legal entities the document containing data on expiration dates (service life, warranty periods) of the goods (property) specified in the paragraph the second Item 5 of the Regulations on procedure for obtaining, accounting, registration, use of foreign free aid, control of its obtaining and target use imported as foreign free aid and also registration of humanitarian programs the copy of the agreement, the donative letter or other document containing data on conditions and the purposes of use of foreign free aid the conclusion of competent authority about approval is more whole than use of foreign free aid and (or) feasibility of its tax exemption, charges (duties) in the established form – in case of the request for release of foreign free aid from taxes, charges (duties) copy of the certificate on state registration of the legal entity, individual entrepreneur	5 working days following behind day of approval by the President of the Republic of Belarus of the purpose of use of the help and (or) its tax exemption, charges (duties) – in case of registration of the help for the purposes determined by Administration of the President of the Republic of Belarus in coordination with the President of the Republic of Belarus and (or) release it from taxes, charges (duties) 10 working days following behind day of giving in Department on humanitarian activities of Administration of the President of the Republic of Belarus of the statement for help registration – in other cases	it is termless	free of charge";

 

1.2. add the single list with Item 2.36-1 of the following content:

 

"2.36-1. Registration of the foreign free aid which arrived for the purpose of implementation of humanitarian programs

Department on humanitarian activities of Administration of the President of the Republic of Belarus

statement the plan of target use (distribution) of foreign free aid in duplicate in the established form the document confirming introduction (transfer, receipt) of foreign free aid in the form of money including in foreign currency, on the charitable bank account of the Republic of Belarus, and its copy the copy of the document confirming departure (provision) of goods (property) to the receiver with indication of their name, quantity and cost and also the copy of this document translated to one of state languages of the Republic of Belarus – in case of creation of this document in foreign language. In the absence of such document the explanatory note of the receiver with indication of the name of goods (property), their quantity, cost and the information about the sender is attached the letter of the sender of foreign free aid explaining the reasons of discrepancy of the data specified in transport (transportation) and other documents according to which goods (property) were imported (were acquired), to the actual data on goods (property), – in case of detection of such discrepancy the acceptance act of foreign free aid in the form of goods (property), except for registration of the help in the cases provided in Item 21 of the Regulations on procedure for obtaining, accounting, registration, use of foreign free aid, control of its obtaining and target use and also registration of humanitarian programs, – for legal entities the document containing data on expiration dates (service life, warranty periods) of the goods (property) specified in the paragraph the second Item 5 of the Regulations on procedure for obtaining, accounting, registration, use of foreign free aid, control of its obtaining and target use imported as foreign free aid and also registration of humanitarian programs

10 working days

it is termless

free of charge";

 

1.3. in the column "The List of the Documents and (or) Data Represented by Interested Persons to Authorized Body for Implementation of Ministerial Procedure" of Item 17.26:

after the paragraph of the seventeenth to add the column with the paragraph of the following content:

"written approval by Department on humanitarian activities of Administration of the President of the Republic of Belarus of the new purpose of use of foreign free aid - in case of state registration of creation of capital structure, except the apartment apartment house, or the change of the incomplete preserved capital structure transferred under the agreement on provision of real estate as foreign free aid";

the eighteenth to consider the paragraph the paragraph the nineteenth;

1.4. in the column "The List of the Documents and (or) Data Represented by Interested Persons to Authorized Body for Implementation of Ministerial Procedure" of Item 17.30:

after the paragraph of the fifteenth to add the column with the paragraph of the following content:

"written approval by Department on humanitarian activities of Administration of the President of the Republic of Belarus of the new purpose of use of foreign free aid - in case of state registration of change of the incomplete preserved capital structure transferred under the agreement on provision of real estate as foreign free aid, or the termination of existence of earlier registered capital structure, the isolated room or the parking place as a result of preservation of the capital structure transferred under the agreement on provision of real estate as foreign free aid";

the sixteenth to consider the paragraph the paragraph the seventeenth;

1.5. in the column "The List of the Documents and (or) Data Represented by Interested Persons to Authorized Body for Implementation of Ministerial Procedure" of Item 17.31:

after the paragraph of the nineteenth to add the column with the paragraph of the following content:

"written approval by Department on humanitarian activities of Administration of the President of the Republic of Belarus of the new purpose of use of foreign free aid - in case of state registration of change of capital structure, the incomplete preserved capital structure isolated rooms, the parking places transferred under the agreement on provision of real estate as foreign free aid";

the twentieth to consider the paragraph the paragraph the twenty first;

1.6. in the column "The List of the Documents and (or) Data Represented by Interested Persons to Authorized Body for Implementation of Ministerial Procedure" of Item 17.32:

after the paragraph of the seventh to add the column with the paragraph of the following content:

"written approval by Department on humanitarian activities of Administration of the President of the Republic of Belarus of the new purpose of use of foreign free aid - in case of state registration of change of the capital structure isolated rooms, the parking places transferred under the agreement on provision of real estate as foreign free aid";

to consider the paragraph of the eighth the paragraph the ninth;

1.7. in the column "The List of the Documents and (or) Data Represented by Interested Persons to Authorized Body for Implementation of Ministerial Procedure" of Item 17.34:

after the paragraph of the fifth to add the column with the paragraph of the following content:

"written approval by Department on humanitarian activities of Administration of the President of the Republic of Belarus of the new purpose of use of foreign free aid - in case of state registration of the termination of existence of capital structure, the incomplete preserved capital structure isolated rooms or the parking places transferred under the agreement on provision of real estate as foreign free aid";

to consider the paragraph of the sixth the paragraph the seventh;

1.8. in the column "The List of the Documents and (or) Data Represented by Interested Persons to Authorized Body for Implementation of Ministerial Procedure" of Item 17.35:

after the paragraph of the eighth to add the column with the paragraph of the following content:

"written approval by Department on humanitarian activities of Administration of the President of the Republic of Belarus of the new purpose of use of foreign free aid - in case of state registration of creation, change, the termination of existence of capital structure, the incomplete preserved capital structure isolated rooms or the parking places transferred under the agreement on provision of real estate as foreign free aid";

the ninth to consider the paragraph the paragraph the tenth;

1.9. in the column "The List of the Documents and (or) Data Represented by Interested Persons to Authorized Body for Implementation of Ministerial Procedure" of Item 17.46:

after the paragraph of the tenth to add the column with the paragraph of the following content:

"written approval by Department on humanitarian activities of Administration of the President of the Republic of Belarus of the new purpose of use of foreign free aid - in case of state registration of the agreement on the Section or merge of capital structures or the isolated rooms, parking places transferred under the agreement on provision of real estate as foreign free aid (it is not represented if the agreement is certified by the registrar)";

the eleventh to consider the paragraph the paragraph the twelfth;

1.10. in the column "The List of the Documents and (or) Data Represented by Interested Persons to Authorized Body for Implementation of Ministerial Procedure" of Item 17.47:

after the paragraph of the eleventh to add the column with the paragraph of the following content:

"written approval by Department on humanitarian activities of Administration of the President of the Republic of Belarus of the new purpose of use of foreign free aid - in case of state registration of the termination of existence of capital structure or the isolated room, the parking places transferred under the agreement on provision of real estate as foreign free aid, in case of the Section or merge of capital structures or the isolated rooms, parking places according to the decision of the owner of capital structure or the isolated room, the parking place or the owner of the right of economic maintaining or operational management on it";

the twelfth to consider the paragraph the paragraph the thirteenth;

1.11. in the column "The List of the Documents and (or) Data Represented by Interested Persons to Authorized Body for Implementation of Ministerial Procedure" of Item 17.50:

after the paragraph of the eighteenth to add the column with paragraphs of the following content:

"the certificate of registration of foreign free aid - in case of the certificate of the agreement on provision of real estate as foreign free aid

written approval by Department on humanitarian activities of Administration of the President of the Republic of Belarus of the new purpose of use of foreign free aid - in case of state registration of the contract or agreement concerning the real estate transferred under the agreement on provision of real estate as foreign free aid (it is not represented if the agreement is certified by the registrar)";

the nineteenth to consider the paragraph the paragraph the twenty first;

1.12. in the column "The List of the Documents and (or) Data Represented by Interested Persons to Authorized Body for Implementation of Ministerial Procedure" of Item 17.55:

after the paragraph of the twelfth to add the column with the paragraph of the following content:

"written approval by Department on humanitarian activities of Administration of the President of the Republic of Belarus of the new purpose of use of foreign free aid - in case of state registration of the agreement of transfer of title into capital structure, the incomplete preserved capital structure or the isolated room, parking place transferred under the agreement on provision of real estate as foreign free aid (it is not represented if the agreement is certified by the registrar)";

the thirteenth to consider the paragraph the paragraph the fourteenth;

1.13. in the column "The List of the Documents and (or) Data Represented by Interested Persons to Authorized Body for Implementation of Ministerial Procedure" of Item 17.59:

after the paragraph of the seventh to add the column with the paragraph of the following content:

"written approval by Department on humanitarian activities of Administration of the President of the Republic of Belarus of the new purpose of use of foreign free aid - in case of state registration of the agreement on mortgage or about pledge of share in the right to the object transferred under the agreement on provision of real estate as foreign free aid (it is not represented if the agreement is certified by the registrar)";

to consider the paragraph of the eighth the paragraph the ninth;

1.14. in the column "The List of the Documents and (or) Data Represented by Interested Persons to Authorized Body for Implementation of Ministerial Procedure" of Item 17.61:

after the paragraph of the sixth to add the column with the paragraph of the following content:

"written approval by Department on humanitarian activities of Administration of the President of the Republic of Belarus of the new purpose of use of foreign free aid - in case of state registration of the agreement on change of the agreement on mortgage or about pledge of share in the right to the object transferred under the agreement on provision of real estate as foreign free aid (it is not represented if the agreement is certified by the registrar)";

to consider the paragraph of the seventh the paragraph the eighth;

1.15. in the column "The List of the Documents and (or) Data Represented by Interested Persons to Authorized Body for Implementation of Ministerial Procedure" of Item 17.71:

after the paragraph of the fifteenth to add the column with the paragraph of the following content:

"written approval by Department on humanitarian activities of Administration of the President of the Republic of Belarus of the new purpose of use of foreign free aid - in case of state registration of the transaction or the agreement on change of the transaction providing possibility of transition of the rights to the real estate transferred under the agreement on provision of real estate as foreign free aid to other persons (it is not represented if the agreement is certified by the registrar)";

the sixteenth to consider the paragraph the paragraph the seventeenth;

1.16. in the column "The List of the Documents and (or) Data Represented by Interested Persons to Authorized Body for Implementation of Ministerial Procedure" of Item 17.76:

after the paragraph of the fourth to add the column with paragraphs of the following content:

"the certificate of registration of foreign free aid - in case of the certificate of the agreement on provision of real estate as foreign free aid

written approval by Department on humanitarian activities of Administration of the President of the Republic of Belarus of the new purpose of use of foreign free aid - in case of the certificate of the document which is the basis for state registration of the transaction attracting transition of the rights, restrictions (encumbrances) of the rights to capital structure, the incomplete preserved capital structure, the isolated room, the parking place transferred under the agreement on provision of real estate as foreign free aid";

to consider paragraphs of the fifth and sixth respectively paragraphs the seventh and eighth.

2. This resolution becomes effective since March 4, 2016.

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