ON THE PROCEDURES FOR OPENING AND FUNCTIONING OF THE REPRESENTATIONS OF FOREIGN FIRMS AND ORGANIZATIONS AND THEIR BRANCHES /SUBSIDIARIES/ IN THE REPUBLIC OF BELARUS *
Regulations 1. Foreign firms and organizations**, which are interested to establish their representations on the territory of the Republic of Belarus, may open them only with permission of the Republic of Belarus State Committee on Foreign Economic Relations (the accrediting body). The Republic of Belarus State Committee on Foreign Economic Relations: shall enquire ministries, state committees, departments of the Republic of Belarus, trade and other organizations concerned about the expediency and conditions for opening representations of foreign firms and their functioning, and take an appropriate decision with due account of opinions received; may consult foreign firms at their request and on contractual terms and arrange all the documents necessary to open their representations in the Republic; shall maintain a central register of all representations of foreign firms opened in the Republic; publish in the press the annual register of these representations as it is on the first of January; shall notify within 15 days the Ministry of Finance of the Republic of Belarus of the issue of a permit to open or extent the term of operation of the representation of a foreign firms, as well as of termination of its operation.
2. Permits to open representations may be given to foreign firms, with which the Republic of Belarus is interested to develop and deepen its relations, and, above all, to firms, which are: well-known both in their own country and on the international market; have the reputation of being reliable partners in diverse spheres of cooperation with Soviet organizations; have concluded with relevant organizations of the Republic large-scale commercial transactions or other kinds of transactions of great importance for the national economy; have a large trade turnover and a long-standing experience in implementing large-scale projects; able to alleviate and minimize the consequences of the Chernobyl nuclear power plant accident; developing industrial cooperation with enterprises and organizations of the Republic of Belarus, as well as with chambers of commerce, association and unions of entrepreneurs, which are willing to develop commercial and economic links with the Republic of Belarus. Hereinafter referred to as representations of foreign firms. ** Hereinafter referred to as foreign firms. Permits may also be issued in accordance with intergovernmental agreements, signed by the Republic of Belarus with foreign states.
3. Several foreign firms may open one joint representation.
4. Representations of foreign firms may be opened for the purpose of: effective assistance in implementing agreements on cooperation in the sphere of trade, economy, finances, science and technology, transport, tourism and other spheres; finding of opportunities for developing investment operations, organizing joint ventures, intensifying exchanges of economic, commercial, scientific, technical and other information, for deepening and perfecting forms of these relationship; insuring implementation of commercial and other transactions, as well as rendering all-round assistance to organizations of the Republic in the development of exports of machinery, equipment and other goods and services, in obtaining access to the latest achievements of the world-wide technology, in importing up-to-date machinery and equipment and their technical services.
5. Representations of foreign firms shall be opened for a period, necessary to achieve the goals mentioned in paragraph 4 of these Regulations, but, as a rule, for a period of three years maximum with the right to extend a work period of representations in the Republic of Belarus in case a foreign firms has informed in advance the Republic of Belarus State Committee on Foreign Economic Relations (not later than within one month before a permit expires), and if the goal of a representation opened has not been fully achieved, and if such an extension would be deemed necessary.
6. A foreign firm, that is interested to open its representation in the Republic of Belarus shall submit to the Republic of Belarus State Committee on Foreign Economic Relations a written application, stating a goal of its representation, a full name of the firm, date of its foundation, a domicile of its head office, a date and a place of its statute registration. Such an application shall also include a separate description of activities of the firm, data about its managerial bodies and persons authorized to manage its operations on its behalf in the Republic of Belarus, details on its business activities in the Republic of Belarus and in the USSR, on its agreements and commercial transactions concluded, showing a subject matter, an amount and terms of an agreement or a transaction, as well as prospects for developing cooperation. An application shall be submitted with copies of official documents (the statute of the firms, a copy of its trade register), certified in the established manner by the USSR consular institutions abroad and translated into Russian. If under the legislation of a foreign firm resident country the opening of its representation requires a special permit of state bodies of this country, then a copy of such a permit, certified in the established manner shall also be appended to the application. In addition to the above data and documents and if requested by the Republic of Belarus State Committee on Foreign Economic Relations, a foreign firm shall submit other data and documents, related to its activities (data on ownership capital of a foreign firm, letters of recommendations of a bank servicing the firm, etc.). An application and documents appended to it shall be submitted in the language of the applicant and in Russian. Prior to the receipt of a permit to open its representation or extend the terms of its activities in the Republic of Belarus a foreign firm shall pay the established dues to the Republic of Belarus State Committee on Foreign Economic Relations.
7. A representative of a foreign firm, entrusted by the firm to hold negotiations on opening its representation in the Republic of Belarus, shall submit to the Republic of Belarus State Committee on Foreign Economic Relations a duly certified warranty.
8. A permit to open a representation of a foreign firm, issued by the Republic of Belarus State Committee on Foreign Economic Relations according to the procedures, established by the Committee, shall specify: - the goal of a representation, being opened; - the terms and conditions for a foreign firm to open its representation; - the duration of a permit; - a number of foreign citizens, employed by the representation.
9. A representation shall be considered to be opened in the Republic of Belarus as of the date a permit was issued. A permit shall be considered invalid, if a foreign firm has not used its right to open a representation within six months from the date, the permit was issued.
10. Relevant executive committees of city (town) Soviets of People's Deputies upon coordination with the Republic of Belarus State Committee on Foreign Economic Relations shall provide foreign firms' representations with offices and other rooms, telephone and telex communications, and other management and household facilities, as well as shall tackle questions, related to the employment of Soviet citizens by these representations.
11. Offices and living rooms shall be allotted to foreign firms' representations on the basis of a permit of the Republic of Belarus State Committee on Foreign Economic Relations to open a representation within a time, specified in a contract concluded between a representative of a foreign firm and an executive committee of a city (town) Soviet of People's Deputies, on the territory of which the representation would locate. A contract shall also specify amounts of economic, household and other services, procedures for their rendering, and terms of payment. Services rendered shall be paid in accordance with a price list, approved by the State Economic Planning Committee of the Republic of Belarus (Goseconomplan of the Republic of Belarus).
12. A foreign firm's representation shall act in the name and on behalf of its represented firm or firms, whose name is shown in a permit to open a representation, as well as shall perform its activities in accordance with the laws of the Republic of Belarus. In so doing, a representation may perform functions, related to the fulfillment of agent services of other firms in the Republic of Belarus with the consent of the Republic of Belarus State Committee on Foreign Economic Relations. The representation shall inform in the established manner the Ministry of Finance of the Republic of Belarus about financial results of such agent services.
13. Accreditation of staff of a foreign firm's representation shall be exercised by the Republic of Belarus State Committee on Foreign Economic Relations, which issued a permit to open a representation, within the agreed number of its staff.
14. The head of a foreign firm's representation: shall act according to a warrant, issued and duly certified by a foreign firm; shall provide timely information to the Republic of Belarus State Committee on Foreign Economic Relations about a number of the representation's staff and its changes; shall submit once in six months a written information on activities of the representation to the Republic of Belarus State Committee on Foreign Economic Relations; within a month time from the day the representation commenced its activities shall inform the Ministry of Finance of the Republic of Belarus of this fact, as well as of a location of the representation and of foreigners employed.
15. A representation of a foreign firm in the Republic of Belarus shall terminate its activities: 15.1. when the duration of a permit expires; 15.2. in case a foreign firm is liquidated; 15.3. in case an intergovernmental agreement concluded by the Republic of Belarus with a foreign state, which served as a basis for opening a representation, terminates, if such is stipulated in the provisions of this agreement; 15.4. according to a decision, taken by the Republic of Belarus State Committee on Foreign Economic Relations if a representation violates the terms under which the representation of the foreign firm was opened and exercised its activities or the terms of the Soviet laws; 15.5. according to a decision of a foreign firm, that opened its representation.
16. The Republic of Belarus State Committee on Foreign Economic Relations or a foreign firm shall inform the party concerned about a decision taken in cases, stipulated in paragraph 15 of the present Regulations. Termination of activities of a representation of a foreign firm in the Republic of Belarus and vacation of all occupied offices and living rooms shall be completed not later than within three months from the date of notification.
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