ON THE REGULATION OF EXPORT-IMPORT AND CURRENCY OPERATIONS AND INCREASE OF RESPONSIBILITY FOR THE OFFENCE AGAINST LEGISLATION IN FOREIGN ECONOMIC ACTIVITIES
1. Be it resolved ,that economic subjects of all types of property,conducting foreign economic activities on the territory of the Republic of Belarus ,transfer foreign exchange,received for products(services,labour)export,to transit foreign exchange accounts in the banks of the Republic of Belarus or if the legislation allows - to the accounts in foreign banks. An economic subject must provide: entry on his own foreign exchange account earnings from selling goods by export contract within 60 days beginning from the date of its loading by deliverer; delivery in accordance with an import contract within 60 days beginning from the date of payment for the goods; delivery of imported goods in accordance with contract of exchange and barter within 60 days from the date of fulfillment of the export part of this contract. For exporting(importing)manufecturers,permanently operating on the world market,the term of earnings entry and delivery of goods can be extended by the Ministry of Foreign Economic Affairs contract,will be considered. Payment or delivery of goods (labour,services)for a third party or by the third party is made providing the agreement on concession of demands and debt transfer ,concluded in accordance with legislation,are available. The date of loading the goods in accordance with contract is the date of its customs registration.The date of goods delivery is the date of the issuing of the permission for permanent placement on the customs territory of the Republic of Belarus by customs organs.
2. Advise the National Bank within two weeks after the Decree has been signed to adjust the documents regulating foreign exchange operations in conformity with the Decree.
3. State Customs Committee should determine and introduce the order of filling in a "Passport of Transaction" declaration.
4.The Ministry of Foreign Economic Affairs together with the central administration organs involved,should within a month devise and ratify regulations on conducting of barter operations.
5.Ratify the accompanying Regulations on control of foreign economic activities of economic subjects of all types of property on the territory of the Republic of Belarus. Is not available here.Regulations mentioned are available in Regional Executive Committees and Minsk City Executive Committees,as well as in Ministries and involved organizations.
6. Be it determined that the Control Service of Presidential Administration of the Republic of Belarus is an organ of foreign exchange control. The control over conducting foreign economic activities will be implemented by this Service and agents of foreign exchange control.
7. Economic sanctions will be applied against economic subjects of all types of property, conducting foreign economic activities on the territory of the Republic of Belarus in the following cases: for unapproved alterations of the contract conditions or the form of payment after the goods has crossed the State Border of the Republic of Belarus-the sanctions of up to 50 % of contract will be applied; for unapproved extending the term of export-import operations- the sanctions of 5% of unrecovered export earnings (goods) for each day extending the term, sanctions can not exceed the contract value; for failure to provide in due terms to the organs of foreign exchange control the necessary documents -sanctions of 1% of unrecovered export earnings for each day of delay. Sanctions cannot exceed the contract value; for exceeding the value of the transferred foreign exchange as compared with the contract import purchase value-sanctions equal to the difference between them, for providing false information when obtaining a license for import and export of goods(labour,services),filling in customs documents,passport of transaction-sanctions up to 20%of the contract value of goods (labour,services); for import and export of goods (labour,services) without aproper license, when one is necessary -sanctions equal the value of imported and exported goods (labour,services); for export of goods (labour,services),paid for in national currency for a non-resident-sanctions up to 100%of the contract value; for usage of foreign exchange,purchased at the Interbank Currency Exchange,for other than previously stated purposes-sanctions up to 100% of the amount used; for failure to obey the terms for the sale of foreign exchange purchased at the Interbank Currency Exchange-sanctions of 1% of the unsold foreign exchange value for each extra day. Sanctions cannot exceed the amount to be sold; for unauthorized export-import operations, making payment in foreign exchange without receipt of the goods from the recipient of the payment and delivery of goods for foreign exchange without receiving the payment from the recipient of goods-sanctions up to 100% of the payment or delivered goods value; for making unauthorized payments in foreign exchange between residents of the Republic of Belarus-sanctions up to 100 %of the payment amount from both the payer and the recipient; for usage for other than stated previously purposes and failure to recover in due term foreign exchange, given out under personal responsibility, including the usage for covering expenses of business journeys abroad -sanctions up to 10 times the value of this foreign exchange. The Control Service of the Presidential Administration of the Republic of Belarus will be executing these economic sanctions. The Economic sanctions will be recovered into the revenue of the republican budget as a result of checkings conducted by state organs. The Economic sanctions will be recovered from juridical persons directly, and from businessmen operating without a juridical person -through the court. Recovery will be made in foreign exchange, provided by contract conditions.If the foreign exchange is not available, the sanctions will be recovered in the currency of the Republic of Belarusin accordance with the exchange rate of the National Bank on the date of the foreign exchange transfer from an account or fine payment. If the transaction was a barter one -in the currency of the Republic of Belarus in accordance with the exchange rate of the National Bank on the date of the foreign exchange transfer from an account or payment of economic sanctions.
8. The Control Service of the Presidential Administration of the Republic of Belarus will be given the right to suspend in agreement with the National Bank, operations on the accounts of the economic subjects, who violated the regulations of foreign economic activities.
9.The Cabinet of Ministers of the Republic of Belarus during the 1 quarter of 1995 : should work out and provide the President of the Republic of Belarus(for introducing to the Supreme Soviet of the Republic of Belarus )with a draft Law of the Republic of Belarus "On the Foreign Economic Activity"and suggestions on the supplement of the Code of the Republic of Belarus on administrative offences.They should establish defining administrative amenability of officers violating the foreign economic activity nominative legislative acts; should provide the President of the Republic of Belarus with suggestions on establishing utmost minimal prices on exported goods ,manufactured at the enterprises of the Republic of Belarus,as well as imported products; should adjust normative acts regulating foreign economic activity in accordance with this Decree. The Decree comes into force after it has been signed.
On the basis of state regulation of the foreign economic activity in the Republic of Belarus In order to increase the effectiveness of the foreign economic activities BE IT RESOLVED:
1.The Ministry of Foreign Economic Affairs (MFEA)will carry out a unified foreign economic policy of the Republic of Belarus and coordinate foreign economic activities of its state organs ,juridical and physical persons.
2. MFEAs main tasks will be: to work out a foreign economic activities conception and state programs in this field,control of their implementation; to fulfill a set of measures aimed at development and improvement of the goods and capital export and import structure ,making efficient use of foreign financing; participating in preparation of foreign economic forecasts and programs made by other state organs; protecting foreign economic rights and interest of the Republic of Belarus ,its juridical and physical persons; analyzing prices position for main export and import goods,controlling foreign economic activities in order to protect state interests; coordinating of foreign trade ,ensuring favourable conditions for the sale of Belorussian goods and services on the foreign markets; developing state foreign economic activities infrastructure,including opening of trade delegates and increasing the number of advisors on trade and economic issues in the Embassies of the Republic of Belarus(abroad); to organize on the base of tender governmental purchase (from abroad)of goods of strategic importance for ensuring vital activities of the Republic of Belarus,as well as regulating purchases and import of socially significant goods on the basis of flexible market principles; representing the Republic of Belarus within its competence in international ,economic,financial and tourist organizations ,cooperation with such organizations; MFEA performs other tasks in accordance with the legislation of the Republic of Belarus.
3.MFEA has the right of issuing legal acts on questions within its competence .These acts are to be obeyed and fulfilled by Ministries,other central administrative organs ,local executive and administrative organs ,as well as juridical and physical persons of the Republic of Belarus. Ministries and other central administrative organs should submit,connected with foreign economic activities,normative acts they issue to MFEAs approval.
4.Cabinet of Ministers of the Republic of Belarus within a month should perform the following : approve the statement on dependent on MFEA trade delegates of the Republic of Belarus abroad; create a marketing and world market prices juncture centre; found specialized structures,that will expertise import projects involving republican budget ; approve the statement on MFEA ,excluding dubbing its functions by other state organs ,dependent on the Cabinet of Ministers of the Republic of Belarus,as well as its central organs; authorize MFEA to participate representing the government of the Republic of Belarus together with Belorussian and foreign economic subjects in the activities of trade houses, commerce-technical centres and other structures facilitating sale of Belorussian goods and services on foreign markets.
5. This Decree comes into force after it has been signed.
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