Edict of the President of the Re

Edict of the President of the Republic of Belarus

No. 460 of October 22, 2003

[Amended as of August 17, 2005]

On International Technical Assistance Rendered to the Republic of Belarus

1. Determine that:

1.1. the notions used for the purpose of this Edict have the following meaning:

international technical assistance – one of the kinds of the assistance to be rendered gratis to the Republic of Belarus by the donors of the international technical assistance for providing the support in social and economic transformations, environment protection, liquidation of the consequences of the accident at the Chernobyl Nuclear Power Plant; development of the infrastructure by performing the research work, training, exchange of specialists and students including the post-graduate ones, transfer of the experience and technologies, monetary means, delivery of the equipment and other goods (property) under the approved projects (programmes) of the international technical assistance as well as in the form of organization and/or holding of workshops, conferences and other public discussions;

project (programme) of the international technical assistance – document providing for a complex of coordinated organizational and technical measures united by the common aim and to be ensured partially or fully at the cost of provision за счет предоставления by the donors of the international technical assistance of monetary means (including those in foreign currency), goods (property), works and services;

donors of the international technical assistance – foreign state (its administrative-territorial unit), international organization, their representatives or subjects of law authorized by this state or organization, who renders the international technical assistance;

recipient of the international technical assistance – Republic of Belarus or its administrative-territorial unit in the person of the state authorities, legal entities and citizens of the Republic of Belarus, who receive the international technical assistance or for whose favour the projects (programmes) of the international technical assistance are to be implemented;

1.2. The recipients of the international technical assistance shall submit the projects (programmes) of the international technical assistance as well as the lists of goods (property including the monetary means), works and services to be provided for implementing the projects (programmes) of the international technical assistance to the Commission for the Issues of the International Technical Cooperation at the Council of Ministers of the Republic of Belarus;

The information of the organization and/or holding of the workshops, conferences and other public discussions within the framework of the international technical assistance shall be submitted to the Commission for the Issues of the International Technical Cooperation at the Council of Ministers of the Republic of Belarus by the recipients of the international technical assistance being organizers of such workshops, conferences and other public discussions;

1.2-1. It is not permitted to use the international technical assistance for:

- carrying out the activities aimed at the change of the constitution order of the Republic of Belarus, usurpation or overthrow of the governmental authorities, intervention into the internal affairs of the Republic of Belarus, stimulation of committing such actions; for propaganda or war or violence for the political purposes, rousing the social, national, religious and racial enmity and/or other acts forbidden by the legislation;

- preparing and holding elections, referenda, recalling the deputy or member of the Council of Republic, organizing and holding of the meetings, street processions, demonstrations, vigils, strikes, producing and distributing the agitation materials and/or carrying out other forms of the political mass-agitation work among the population;

1.3. The following objects received within the framework of the international technical assistance shall not be recognized to be taxable ones:

- goods imported to the customs territory of the Republic of Belarus as international technical assistance, – as regards the value-added tax, excises and customs duties;

- monetary means, including those in foreign currency, other property (including that related to the basic assets, inventory holdings and intangible assets), полученные as international technical assistance, – as regards the profit tax;

- turnovers from selling the goods (works, services) acquired (performed, rendered) on the territory of the Republic of Belarus for implementing the international technical assistance, - as regards the value-added tax, deductions and dues to be charged from the earnings from selling the goods (works, services) to the state budget and off-budget funds-in-trust, local taxes and dues;

- property acquired at the cost of or received as the international technical assistance for implementing directly such assistance, – as regards the real estate tax for the term of its use for this purpose;

- Incomes earned by the individuals from the means of the international technical assistance, – as regards the income tax from the individuals;

1.4. In case of use of the international technical assistance for another purpose, the subclause 1.3 of this clause shall not cover the monetary means, including those in foreign currency, goods (works, services) as well as other property being received (performed, rendered) within the framework of this assistance. In this case, the taxes, duties, dues and deductions shall be paid (collected) с with charging the fine and/or penalties in accordance with the legislation;

1.5. On the basis of the decision of the Commission for Issues of the International Technical Assistance at the Council of Ministers of the Republic of Belarus, the Ministry of Economy shall provide:

- the State Customs Committee with the confirmation concerning the goods imported to the customs territory of the Republic of Belarus in accordance with the second paragraph of subclause 1.3 of this clause;

- the Ministry for Taxes and Dues with the confirmation concerning the monetary means including those in foreign currency, goods (works, services) and property in accordance with the third to sixth paragraphs of subclause 1.3 of this clause;

- the regional executive committee (Minsk City Executive Committee) with the confirmation concerning the organization and/or holding, conferences and other public discussions within the framework of the international technical assistance on the territory of the respective region (city of Minsk) in the established order of workshops;

1.6. Should the norms of the international treaties, to which the Republic of Belarus is a party, establish the rules other than those contained in this Edict, the rules of the international treaties shall be applied;

1.7. The State Control Committee, Ministry for Taxes and Dues, State Customs Committee and other state authorities in accordance with their competence shall exercise the control of the intended use of the monetary means (including those in foreign currency), goods (property), works and services provided for within the framework of the international technical assistance projects (programmes) and exempted from the taxation, duties, dues and deductions to be collected to the state budget and off-budget funds-in-trust;

1.8. Совет Министров of the Republic of Belarus and the State Control Committee shall provide the President of the Republic of Belarus the joint annual report on the progress of implementing the international technical assistance projects (programmes) and their efficiency as well as on the results of the control of intended use of the international technical assistance.

2. Charge the Council of Ministers of the Republic of Belarus with:

- approving the procedure of preparing, considering and approving the international technical assistance projects (programmes) as well as lists of goods (property including monetary means), works and services to be provided for implementing these projects (programmes);

- ensuring within three months that the legislative acts be brought in line with this Edict;

- taking other measures for enforcing this Edict.

3. This Edict shall come into force from the date of its official publication.

President of the Republic of Belarus A.Lukashenko

* unofficial translation *

Decision of the Council of Ministers of the Republic of Belarus

No. 1522 of November 21, 2003

[Amended as of February 19, 2007]

On Some Measures for Implementing the Edict of the President

of the Republic of Belarus no. 460 of October 22, 2003

In accordance with the Edict of the President of the Republic of Belarus No. 460 dated October 22, 2003 “On the International Technical Assistance to Be Rendered to the Republic of Belarus”, the Council of Ministers of the Republic of Belarus has decided:

1. To stipulate that:

1.1. The National Programme of the International Technical Cooperation or Projects (Programmes) of the International Technical Assistance shall be approved by the decision of the Council of Ministers of the Republic of Belarus on the basis of the proposals of the Commission for the Issues of the International Technical Cooperation at the Council of Ministers of the Republic of Belarus.

The effect of the first part of this subclause does not cover the international technical assistance projects (programmes) included in the National Programme of the International Technical Cooperation for 2001-2005 approved by the Decision of the Council of Ministers of the Republic of Belarus No. 51 dated January 17, 2002 (National Register of Legal Acts of the Republic of Belarus, 2002, No. 12, 5/9792);

1.2. The Lists of Goods (Property Including Monetary Means), Works and Services to Be Provided for Implementing the International Technical Assistance Projects (Programmes) shall be approved by the decisions of the Commission for the Issues of the International Technical Cooperation at the Council of Ministers of the Republic of Belarus;

1.3. The implementation of the international technical assistance projects (programmes) on the territory of the Republic of Belarus is only allowed after registering them with the Ministry of Economy;

1.4. The Ministry of Economy shall:

- register the international technical assistance projects (programmes), perform the general coordination of the management of the international technical assistance projects (programmes) as well as control of the progress of their implementation;

- ensure the coordination of preparing the National Programme of the International Technical Cooperation and control of its implementation;

- on the basis of the decisions of the Commission for the Issues of the International Technical Cooperation at the Council of Ministers of the Republic of Belarus provides the Ministry for Taxes and Dues and the State Customs Committee with confirmations for the List of the goods (property including monetary means), works and services to be provided for implementing the international technical assistance projects (programmes);

- ensure the coordination of preparing the annual reports on the progress of implementing the international technical assistance projects (programmes) and their efficiency as well as submit them to the Commission for the Issues of the International Technical Cooperation at the Council of Ministers of the Republic of Belarus for consideration;

- register the information about the organization and/or holding of workshops, conferences and other public discussions within the framework of the international technical assistance;

1.5. The Ministry of Foreign Affairs shall:

- carry out the activities for attracting the international technical assistance in the priority directions determined by the National Programme of the International Technical Cooperation;

- coordinate the activities of the republican state and public authorities, legal entities of the Republic of Belarus in the part of ensuring the unified policy of the Republic of Belarus as regards rendering the international technical assistance by the foreign states and their administrative and territorial units;

- ensures the preparation of the conclusions on compliance of the international technical assistance projects (programmes) prepared by the foreign states or their administrative and territorial units with the national interests of the Republic of Belarus;

- ensures the confirmation of the effect of the norms of the international treaties, to which the Republic of Belarus is a party if they establish the rules different from those contained in the Edict of the President of the Republic of Belarus No. 460 dated October 22, 2003 “On the International Technical Assistance to Be Rendered to the Republic of Belarus” (National Register of Legal Acts of the Republic of Belarus, 2003, No. 119, 1/5020);

1.6. The Ministry of Finances shall:

- consider the proposals of the republican state and public authorities and coordinate the possibility of co-financing of the international technical assistance projects (programmes);

- on the basis of the applications from the republican state and public authorities, provide for allocating the funds in the state budget for co-financing the international technical assistance projects (programmes) approved in accordance with the legislation;

1.7. The republican public and state authorities as well as other state organizations subordinated to the Government of the Republic of Belarus determined as the head ones for cooperation of the Republic of Belarus with the international organizations shall:

- develop the directions of attracting the international technical assistance, long-tern projects (programmes) of the international technical assistance and submit them to the Ministry of Economy and the Ministry of Foreign Affairs;

- ensure the preparation of the conclusion on the compliance of the international technical assistance projects (programmes) with the national interests of the Republic of Belarus;

1.8. The republican public and state authorities as well as other state organizations subordinated to the Government of the Republic of Belarus mentioned in subclauses 1.5-1.7 of this clause shall provide the Ministry of Economy with the information about attracting the international technical assistance, co-financing of the international technical assistance projects (programmes) as well as about the effectiveness of such assistance for the Republic of Belarus by the 1st of February of the year following the reporting one.

2. Approve the following documents enclosed:

- Regulations of the Commission for the Issues of the International Technical Cooperation at the Council of Ministers of the Republic of Belarus and staff of the Commission for the Issues of the International Technical Cooperation at the Council of Ministers of the Republic of Belarus;

- Regulations of the procedure of preparing, considering and approving the international technical assistance projects (programmes) as well as Lists of the goods (property including monetary means), works and services to be provided for implementing these projects (programmes);

- Regulations of co-financing the international technical assistance projects (programmes) to be implemented in the Republic of Belarus.

4. Recognize the decisions of the Government of the Republic of Belarus according to the List enclosed [not presented] to become invalid.

5. Charge the Ministry of Economy, Ministry of Foreign Affairs, Ministry for Taxes and Dues and the State Customs Committee with bringing their decisions in line with this decision.

6. This Decision becomes valid from the date of its official publishing.

Deputy Prime Minister of the Republic of Belarus –

Minister of Economy of the Republic of Belarus A.Kobyakov

APPROVED

Decision of the Council of Ministers

of the Republic of Belarus

No. 1522 dated November 21, 2003

REGULATIONS

on the Commission for the Issues of the International Technical Cooperation at the Council of Ministers of the Republic of Belarus

1. The Commission for the Issues of the International Technical Cooperation at the Council of Ministers of the Republic of Belarus (hereinafter referred to as the Commission) has been founded for the purpose of coordination and efficient use of the international technical assistance, which is rendered to the Republic of Belarus by the donors of the international technical assistance.

2. While carrying out its activities, the Commission is governed by the legislation of the Republic of Belarus, international treaties of the Republic of Belarus on the issues of the International Technical Cooperation and these Regulations.

3. The main tasks of the Commission consist in:

- determining the priority directions of rendering the international technical assistance to the Republic of Belarus of;

- coordination of the activities of the republican state and public authorities as well as other state organizations subordinated to the Government of the Republic of Belarus for attracting the international technical assistance to the Republic of Belarus and evaluating the efficiency of the international technical assistance projects (programmes);

- formation of the National Programme of the International Technical Cooperation;

- considering the international technical assistance projects (programmes) and making proposals for approving them by the Council of Ministers of the Republic of Belarus in accordance with these Regulations;

- participation in the development of the legislative acts on the issues of the international technical assistance and assigning the means for co-financing the international technical assistance projects (programmes);

- approving the Lists of the goods (property including monetary means), works and services to be provided for implementing the international technical assistance projects (programmes) to be exempted from the taxation in accordance with the legislative acts;

- formation of the annual summary report to the President of the Republic of Belarus on the progress of implementing the international technical assistance projects (programmes), their efficiency as well as on the results of the control of the intended use of the international technical assistance;

- considering the materials on the organization and/or holding of the workshops, conferences and/or other public discussions within the framework of the international technical assistance and making the decision on them.

4. In accordance with its tasks, the Commission shall:

- participate in the development and implementation of the state policy on the issues of the international technical assistance;

- organize the development of the National Programme of the International Technical Cooperation with the account of the priorities of the social and economic development of the Republic of Belarus and state programmes;

- approve the Lists of the goods (property including monetary means), works and services to be provided for implementing the international technical assistance projects (programmes) to be exempted from the taxation in accordance with the legislation;

- consider the progress of implementation of the international technical assistance projects (programmes) and their efficiency;

- consider the draft international treaties of the Republic of Belarus on the issues of the international technical assistance;

- hear the report and messages of the republican state and public authorities on the issues of the international technical assistance at its meetings;

- consider the materials concerning the organization and/or holding of the workshops, conferences and/or other public discussions within the framework of the international technical assistance;

- make the following proposals to the Council of Ministers of the Republic of Belarus in the established order:

- on the approval of the National Programme of the International Technical Cooperation;

- on the approval of the international technical assistance projects (programmes);

- on the summary annual report to the President of the Republic of Belarus on the progress of implementing the international technical assistance projects (programmes), their efficiency as well as on the results of the control of the intended use of the international technical assistance.

5. The meetings of the Commission shall be held as necessary, but, at least once a month. The Commission shall carry out its activities in accordance with the plans approved by its Chairman.

The members of the Commission shall participate in the meetings without the substitution right.

The Commission is competent for making the decisions by simple majority of votes if more than half of its members are present at the meeting. In case of equality of votes, the decision, for which the person being a chairman at the meeting of the Commission has voted, shall be passed.

The Commission’s decisions shall be documented by the minutes to be signed by the person being the chairman at the meeting of the Commission and the Secretary.

The Commission’s proposals concerning the approval of the National Programme of the International Technical Cooperation, of the international technical assistance projects (programmes) with the draft decisions of the Council of Ministers of the Republic of Belarus on these issues as well as the summary annual report to the President of the Republic of Belarus on the progress of implementing the international technical assistance projects (programmes), their efficiency as well as on the results of the control of the intended use of the international technical assistance shall be put forward to the Council of Ministers of the Republic of Belarus for consideration.

The Commission’s decisions concerning the approval of the Lists of the goods (property including monetary means), works and services to be provided for implementing the international technical assistance projects (programmes) to be exempted from the taxation in accordance with the legislation shall be brought to the notice of the Ministry for Taxes and Dues and State Customs Committee as well as of the receivers of the international technical assistance by the Ministry of Economy in the form of the extracts from the minutes of the Commission’s meetings. The Commission’s decisions concerning the approval Lists of the goods (property including monetary means), works and services to be provided for implementing the international technical assistance projects (programmes) shall be brought to the notice of the receivers of the international technical assistance by the Ministry of Economy in the form of the extract from the Commission’s decisions signed by the Deputy Chairman of the Commission with enclosing one copy of the List bearing the stamp and signature of the Commission’s Secretary.

The Commission’s decisions concerning the organization and/or holding of the workshops, conferences and/or other public discussions within the framework of the international technical assistance shall be brought to the notice of the Ministry for Taxes and Dues and State Customs Committee and regional executive committees (Minsk City Executive Committee) by the Ministry of Economy in the form of the extracts from the minutes of the Commission’s meetings with enclosing one copy of the application for organizing and/or holding the workshops, conferences and/or other public discussions within the framework of the international technical assistance registered with the Ministry of Economy. On the basis of the Commission’s decisions, the application for organizing and/or holding the workshops, conferences and/or other public discussions within the framework of the international technical assistance is registered by the Ministry of Economy and issued to the receivers of the international technical assistance – organizers of such workshops, conferences and/or other public discussions.

The leaders of the republican state and public authorities as well as other state organizations subordinated to the Government of the Republic of Belarus determined as the head ones for cooperation of the Republic of Belarus with the international organizations, representatives of the receivers and donors of the international technical assistance as well as mass media may be invited to the Commission’s meetings.

6. The Commission may create the workgroups for individual directions of the international technical assistance.

7. The Ministry of Economy shall prepare the materials for the meetings and office work of the Commission.

APPROVED

Decision of the Council of Ministers

of the Republic of Belarus

No. 1522 dated November 21, 2003

REGULATIONS

of the Procedure of Preparing, Considering and Approving the International Technical Assistance Projects (Programmes)

as well as Lists of the Goods (Property Including Monetary Means), Works and Services to be Provided for Implementing These Projects (Programmes)

General Provisions

1. These Regulations determine the procedure of preparing, considering and approving the international technical assistance projects (programmes) as well as Lists of the goods (property including monetary means), works and services to be provided for implementing these projects (programmes).

2. The international technical assistance shall be rendered to the Republic of Belarus on the basis of the of the international technical assistance projects (programmes) developed by the authorized republican state and public authorities, legal entities and citizens of the Republic of Belarus in accordance with the national priorities and project proposals to be determined by the National Programme of the International Technical Cooperation (hereinafter referred to as the National Programme) as well as of the projects (programmes) initiated and developed by the donors of the international technical assistance approved by the Council of Ministers of the Republic of Belarus.

3. The draft version of the National Programme shall be developed by the Ministry of Economy on the basis of the proposals of the republican state and public authorities concerned on the basis of the programme of the social and economic development of the Republic of Belarus as well as other state programmes.

4. The National Programme determines the main directions of the state policy of the Republic of Belarus on the issues of attracting the international technical assistance and includes the following:

- principles of the national policy in the field of the international technical assistance;

- national priorities of the International Technical Cooperation of the Republic of Belarus;

- List of forms of the project proposals, on the basis of which the projects (programmes) of the international technical assistance corresponding to the state programs are developed;

- current and long-term needs of the Republic of Belarus for international technical cooperation.

Preparing, considering and approving the National Programme as well as the international technical assistance projects (programmes) to be implemented in accordance with the project proposals included in this programme

5. The republican public and state authorities as well as other state organizations subordinated to the Government of the Republic of Belarus shall provide the Ministry of Economy with the proposals in the priority directions of attracting the international technical assistance to the Republic of Belarus as well as the project proposals according to the forms established by the Ministry of Economy (in Russian and English), which shall contain the title of the project proposal, its brief description including the description of the state programmes, on the basis of which the project proposals are developed, List of receivers of the international technical assistance, aims and tasks of the project as well as international technical assistance (financing, advisory assistance, training, probation, equipment, materials and other technical assistance).

6. The Ministry of Economy shall analyze and summarize the proposals from the concerned persons with the account of the national interests, programmes of the social and economic development of the Republic of Belarus and other state programmes, develop the draft versions of the National Programme and decisions of the Council of Ministers of the Republic of Belarus concerning its approval and, after agreeing them in the established order, submit them to the Commission for the Issues of the International Technical Cooperation at the Council of Ministers of the Republic of Belarus for consideration (hereinafter referred to as the Commission).

7. The National Programme approved by the decision of the Council of Ministers of the Republic of Belarus shall be sent to the concerned persons including the donors of the international technical assistance.

8. The projects (programmes) of the international technical assistance included as project proposals in the National Programme are considered to be approved if they do neither make amendments to the project proposals in respects of the aims, tasks and List of receivers of the international technical assistance nor provide for attracting the national co-financing. In other cases, the projects (programmes) of the international technical assistance shall be approved by the decisions of the Council of Ministers of the Republic of Belarus.

9. The projects (programmes) of the international technical assistance included as project proposals in the National Programme or approved by the decisions of the Council of Ministers of the Republic of Belarus shall be subjected to the procedure of registration with the Ministry of Economy prior to beginning their implementation.

Considering and approving the projects (programmes) of the international technical assistance initiated and developed by the donors and receivers of the international technical assistance

10. The donors of the international technical assistance jointly with the receivers of the international technical assistance may initiate the implementation of specific international technical assistance projects (programmes) in the Republic of Belarus.

11. The projects (programmes) of the international technical assistance developed by the receivers of the international technical assistance jointly with the donors of the international technical assistance on the basis of the programmes of cooperation of the donors of the international technical assistance with the Republic of Belarus, which are not included in the National Programme shall be approved by the decisions of the Council of Ministers of the Republic of Belarus.

12. After confirming the intents of assigning the funds for financing the international technical assistance projects (programmes) by the donors of the international technical assistance, the receiver of such assistance shall have a conclusion of the republican state and public authorities as well as other state organizations subordinated to the Government of the Republic of Belarus determined to be the head ones for cooperation of the Republic of Belarus with the international organizations or conclusion of the Ministry of Foreign Affairs for the projects initiated by the foreign states or their administrative and territorial units on the compliance of the international technical assistance projects (programmes) with the national interests of the Republic of Belarus.

13. In case of positive conclusion, the receivers of the international technical assistance being subject of the norm-creating initiative shall ensure the preparation of the project (programme) of the international technical assistance as well as the draft decision of the Council of Ministers of the Republic of Belarus on its approval and submission of them to the Commission in the established order.

The receivers of the international technical assistance being not subjects of norm-creating initiative, if they are public legal entities of the Republic of Belarus shall submit the proposal to the higher republican state or public authority and other state organizations subordinated to the Government of the Republic of Belarus, and the private legal entities and citizens of the Republic of Belarus – to the regional executive committees and Minsk City Executive Committee at the place of their state registration. The republican public and state authorities, regional executive committees and Minsk City Executive Committee ensure the preparation of the draft decision of the Council of Ministers of the Republic of Belarus on this matter and submit it together with the project (programme) of the international technical assistance in the established order to the Commission for consideration.

The subjects of norm-creating initiative ensure, in the established order, preparation and submission to the Commission:

of the draft decision of the Council of Ministers of the Republic of Belarus on approval of the project (programme) of the international technical assistance;

of the explanation of the necessity of the adoption of the decision;

of the feasibility study of the adoption of the decision;

of the statement on the endorsement of the draft;

of the conclusion of a republic's body of state administration on the conformity of the project (programme) of the international technical assistance with the national interests of the Republic of Belarus;

of the completed form of the project proposal in the form approved by the MInistry of Economy;

of the original of the project of the project (programme) of the international technical assistance or its copy verified by the head of the legal person, as well as of the translation of the original into Belarusian or Russian.

14. The project (programme) of the international technical assistance approved by the decision of the Council of Ministers of the Republic of Belarus shall be submitted by the receiver of the international technical assistance in the established order to the Ministry of Economy for registration.

Considering and approving the Lists of Goods (Property Including Monetary Means), Works and Services to Be Provided for Implementing the International Technical Assistance Projects (Programmes)

15. The reason for accepting the Lists of Goods (Property Including Monetary Means), Works and Services to Be Provided for Implementing the International Technical Assistance Projects (Programmes) and approving them by the Commission is official address of the receivers of the international technical assistance to the Ministry of Economy (drawn-up in arbitrary form) with submitting the following documents:

- four copies of the List, which shall contain the description of the goods (property including monetary means), works and services (including the units of measurement, quantity and cost) as well as the names of the receivers of the international technical assistance. The List shall be certifies with the signature and seal of the receiver of the international technical assistance;

- copies of the document of assigning the Taxpayer’s Identification Number to the receiver of the international technical assistance;

- original and copy of the deed of conveyance, agreement (contract) for receiving the monetary means including those in foreign currency, goods (property), performing the works and rendering the services within the framework of the project (programme) of the international technical assistance provided the documents confirming the delivery of the goods (property including monetary means), works and services are available at that stage. The deed of conveyance and/or agreement (contract) shall contain the reference to the project (programme) of the international technical assistance registered in the established order.

16. The copies of the documents are certified with the signature and seal of the receiver of the international technical assistance and, if the receivers are citizens of the Republic of Belarus, with the notarized signature. The responsibility for the reliability of the submitted documents and information contained in them shall be born by the receiver of the international technical assistance.

17. The expert examination of the List shall be performed by the work group including the specialists of the republican state and public authorities, whose representatives are included in the staff of the Commission, as well as the representative of the National Coordination Bureau of the TACIS programme in the Republic of Belarus. The Ministry of Economy shall ensure the preparation of the materials to the meetings and office work of the workgroup. The workgroup is headed by the Commission’s Secretary.

18. The workgroup shall perform the expert examination of the compliance of the List with the purposes and tasks of the project (programme) of the international technical assistance within 10 days after submitting the documents to the Ministry of Economy with attracting the specialists of other republican state and public authorities, if necessary, and prepare the Expert’s Report to be submitted to the Commission for consideration together with the List.

Should there be fundamental lack of compliance of the purpose of the goods (property including monetary means), works and services included in the List with the aims and tasks of the project (programme) of the international technical assistance, the Ministry of Economy shall be entitled to request the additional reasons of compliance of the List with the aims and tasks of this project (programme) from the receivers of the international technical assistance with prolonging the terms of preparing the Expert’s Report until such documents are submitted to the Ministry or make a proposal for refusing the approval of the List to the Commission.

19. The Commission’s decision on the approval of the List and one copy of the List shall be submitted by the Ministry of Economy to the Ministry for Taxes and Dues and State Customs Committee.

The Ministry of Economy shall provide the receiver of the international technical assistance with the extract from the Commission’s decision signed by the Deputy Chairman of the Commission, and one copy of the List with the seal and signature of the Commission’s Secretary, which shall be kept by the receiver of the technical assistance.

Terms of consideration and refusing the approval of the project (programme) of the international technical assistance and the List

20. The term of approval of the project (programme) of the international technical assistance shall not exceed 30 days from the date of holding the meetings of the Commission. The refusal of approval of the project (programme) of the international technical assistance shall be motivated and submitted to the receiver of the international technical assistance by the Ministry of Economy in writing within a week from the date of making such decision by the Commission.

21. The approval of the project (programme) of the international technical assistance may be refused in the following cases:

- if the project (programme) of the international technical assistance does not conform to the national interests of the Republic of Belarus;

- if it is impossible to confirm the obligations for assigning the national co-financing for the project (programme) of the international technical assistance;

- if the project (programme) of the international technical assistance contains the provisions and/or obligations contradicting to the legislation of the Republic of Belarus and/or not complying with or contradicting one another.

16. The List and Expert’s Report of the workgroup are considered at the regular meeting of the Commission.

17. The approval of the List provided the documents are submitted in full may be refused in the following cases:

- if the List is drawn up incorrectly or contains invalid data;

- if the project (programme) of the international technical assistance has not been registered;

- if the agreement (contract) contain the provisions and or obligations not complying with or contradicting one another;

- if the reports on the implementation of the international technical assistance projects (programmes) have not been submitted within the terms specified;

- if the deed of conveyance and/or agreement (contract) do not contain the reference to the project (programme) of the International Technical Cooperation.

APPROVED

Decision of the Council of Ministers

of the Republic of Belarus

No. 1522 dated November 21, 2003

REGULATIONS

of Co-financing of the Projects (Programmes) of the International Technical Assistance to be Implemented in the Republic of Belarus

1. These Regulations determine the sources and mechanism of co-financing the international technical assistance projects (programmes) to be implemented in the Republic of Belarus.

2. The co-financing of the international technical assistance projects (programmes) to be implemented in the Republic of Belarus shall be effected for the purposes of:

- attracting the foreign and international financial, material and human resources to the Republic of Belarus;

- increasing the efficiency of the international technical assistance projects (programmes) to be implemented in the Republic of Belarus at the cost of integration of the resources to be used.

3. The following definitions are used for the purposes of these Regulations:

- co-financing of the international technical assistance projects (programmes) (hereinafter referred to as the co-financing) – assigning the financial, material and human resources by the receiver of the international technical assistance for the purpose of coordinated use of them jointly with the resources of the donor of the international technical assistance when implementing the international technical assistance projects (programmes);

- direct co-financing – integration of the financial means intended for implementing the international technical assistance projects (programmes) assigned by the receiver of the international technical assistance on a single account of these projects (programmes).

4. The subjects of co-financing can be the Council of Ministers of the Republic of Belarus or the republican public and state authorities authorized by the Council of Ministers of the Republic of Belarus, or local administrative and executive authorities and/or legal entities of the Republic of Belarus.

5. The sources of the funds for co-financing may be:

- republican and local budgets;

- innovation funds of the republican state and public authorities;

- own resources of the legal entities and citizens of the Republic of Belarus;

- other sources of the funds for co-financing, the use of which does not contradict to the legislation of the Republic of Belarus.

6. The objects of co-financing from the sources specified in the second and third paragraphs of clause 5 of these Regulations may be projects (programmes) of the international technical assistance initiated by the Government of the Republic of Belarus, republican state and public authorities authorized by the Government of the Republic of Belarus, local Councils of Deputies and/or executive and administrative authorities as well as the projects (programmes) initiated by the donors of the international technical assistance approved by the Government of the Republic of Belarus, for which the receivers of the international technical assistance are republican public and state authorities, local Councils of Deputies and/or executive and administrative authorities.

7. The objects of co-financing at the cost of own resources of the legal entities of the Republic of Belarus or other sources, the use of which does not contradict to the legislation the Republic of Belarus can be any projects (programmes) of the international technical assistance approved by the Government of the Republic of Belarus, in the implementation of which the respective legal entities are concerned except for the projects (programmes) related by the legislation to the exclusive competence of the public legal entities (defence, national security) as well as the projects, the implementation of which could cause damage to the environment or population’s health. In the cases provided for by the legislation of the Republic of Belarus, the appropriate special permits (licenses) and other permits for individual kinds of activities shall be obtained as well as other conditions established by the legislation shall be met.

8. The co-financing may be effected in both Belarusian roubles and foreign currency or in other form (depending on the specifics and requirements of the international technical assistance projects (programmes) to be implemented). The transactions with the above funds shall be performed in the order established by the legislation of the Republic of Belarus.

9. The proposals of the authorized republican state and public authorities for direct co-financing from the republican budget shall be submitted to the Ministry of Finances for preparing the conclusion on the possibility of such co-financing of the international technical assistance projects (programmes), in the implementation of which the republican public and state authorities are interest.

10. For the projects (programmes) of the international technical assistance approved by the Council of Ministers of the Republic of Belarus, the authorized republican public and state authorities shall submit the proposals concerning the amounts and terms of direct co-financing from the republican budget for the next financial (budget) year to the Ministry of Finances in the established order.

11. The decisions on the co-financing from the innovation funds of the republican state and public authorities as well as from the local budgets shall be made by the leaders of the republican state and public authorities and local executive and administrative ones.

12. The public legal entities of the Republic of Belarus shall effect the direct co-financing at the cost of own resources in coordination with the republican state and public authorities and other organizations subordinated to the Government of the Republic of Belarus, only provided they are receivers of the international technical assistance.

13. The decision on the direct co-financing by the state-owned legal entities of the Republic of Belarus shall be documented by the order of the manager of the respective legal entity.

14. The private legal entities of the Republic of Belarus shall effect the co-financing of the international technical assistance projects (programmes), in the implementation of which they participate, with the account of the legislative norms of the Republic of Belarus.

15. Registering the funds allocated for co-financing and reflecting them in the business accounting shall be performed in accordance with the legislation of the Republic of Belarus.

* unofficial translation *