Электронная коммерция и законы » Статьи по электронной коммерции » Decree of the President of the Republic of Belarus On Development of Digital Economy

Decree of the President of the Republic of Belarus On Development of Digital Economy

Decree
of the President of the Republic of Belarus

December 21, 2017 No. 8

 

On Development of Digital Economy

 

With a view of development of the Park of High Technologies, innovative sphere and building a modern digital economy in the Republic of Belarus, I decree:

1. To extend till January 1, 2049 the validity period of the special legal regime of the Park of High Technologies with preservation of the principle of exterritoriality, additionally granting to residents of this Park the right to carry out in the established order:

educational activity in the sphere of information and communication technologies;

activities in the sphere of cybersport, including preparation of cybersport teams, organization and holding of competitions, organization of their broadcasting;

activity in the sphere of artificial intellect, creation of systems of unmanned vehicle control;

other activities specified in the Regulations on the Park of High Technologies approved by Decree of the President of the Republic of Belarus of September 22, 2005 No. 12.

2. To create conditions for introduction in the economy of the Republic of Belarus of the technology of transaction block ledger (blockchain)* other technologies based on principles of distribution, decentralization and security of operations being performed using them. Taking into account that prior to the adoption of this Decree the circulation of digital signs (tokens) (hereinafter - token) has not been regulated by the legislation and, accordingly, they have not been object of legal relationships, to establish that:

2.1. legal persons are entitled to possess tokens and, having regard to specific features established by this Decree, to perform the following operations:

through a resident of the Park of High Technologies carrying out a respective activity, to create and place own tokens in the Republic of Belarus of abroad;

to store tokens in virtual wallets;

through cryptographic platform operators, cryptocurrency exchange operators, other residents of the Park of High Technologies carrying out a respective activity, to acquire, alienate tokens, to perform other transactions (operations) with them.

Legal persons–residents of the Park of High Technologies are entitled to exercise powers specified in part one of this sub-clause, and other activity with use of tokens in the order established by Regulations on the Park of High Technologies;

__________________

* For the purposes of this Decree, terms are used in the meanings determined according to Annex 1.

 

2.2. natural persons are entitled to possess tokens and, having regard to specific features established by this Decree, to perform the following operations: mining, storing of tokens in virtual wallets, exchange of tokens for other tokens, their acquisition, alienation for Belarusian rubles, foreign currency, electronic money, and also to donate and bequeath tokens.

Activity on mining, acquisition, alienation of tokens, carried out by natural persons themselves without engagement of other natural persons under labour and/or civil-law contracts, does not constitute entrepreneurial activity. Tokens are not subject to declaration.

Individual entrepreneurs – residents of the Park of High Technologies are entitled:

to exercise powers specified in part one of this sub-clause;

through a resident of the Park of High Technologies carrying out a respective activity, to create and place own tokens in the Republic of Belarus of abroad;

to carry out other activity with use of tokens in the order established by Regulations on the Park of High Technologies;

2.3. cryptographic platform operators, cryptocurrency exchange operators are obliged to ensure availability on accounts in the banks of the Republic of Belarus of monetary means in the amount of not less than 1 Mln Belarusian rubles for a cryptographic platform operator, not less than 200 thousand Belarusian rubles for a cryptocurrency exchange operator.

A cryptographic platform operator is entitled:

to open accounts in banks, non-bank credit-and-finance organizations in the Republic of Belarus and abroad for making settlements on trading and operations being carried out by him;

to receive remuneration for services being rendered, including in tokens, to establish its amount and the order of collection from trading participants (customers);

to perform (organize) transactions with residents and non-residents of the Republic of Belarus, aimed at placement of tokens, including abroad, acquisition and/or alienation of tokens for Belarusian rubles, foreign currency, electronic money, exchange of tokens for other tokens in the interests of customers or in own interests;

to perform (organize) other transactions (operations) with tokens, with the exception of operations on exchange of tokens for civil right objects other than Belarusian rubles, foreign currency, electronic money, tokens;

2.4. for transfer of rights certified by tokens to another person, it is enough to transfer the token to this person, with the exception of the transfer of a right requiring the state registration.

Transfer of a token is deemed to be completed in the moment of reflection of the confirmed operation on transfer of the token in the transaction block ledger (blockchain), another distributed information system according to rules (protocols) effective for them.

It is allowed to use tokens as a remuneration for verification, performance of other operations in the transaction block ledger (blockchain), another distributed information system;

2.5. realization of projects in the sphere of information and communication technologies, including with use of the technology of transaction block ledger (blockchain), another distributed information system may be carried out on the basis of public-private partnership agreements.

3. To grant privileges and preferences to participants of relationships related to application of modern technologies. For this purpose to determine that:

3.1. till January 1 2023 shall not be deemed as taxation objects:

with the value added tax and the tax on profit (personal income tax) – turnovers, profit (incomes) of residents of the Park of High Technologies from activities on mining, creation, acquisition, alienation of tokens. In this instance revenue and costs (expenses) from such activity and operations shall not be taken into account for purposes of computation and payment of the tax on profit, and sums of the value added tax presented upon acquisition (paid upon importation) of goods (works, services), property rights, related to carrying out such activity and operations are not subject to deduction;

with the personal income tax – incomes of natural persons from activity on mining, acquisition (including in the form of donation), alienation of tokens for Belarusian rubles, foreign currency, electronic money and/or exchange for other tokens. In this instance expenses of natural persons – individual entrepreneurs from such activity and operations shall not be taken into account for taxation of incomes received from carrying out the entrepreneurial activity;

with the value added tax – turnovers on alienation of tokens, including turnovers on alienation thereof by foreign organisations not carrying out activity in the Republic of Belarus through a permanent representation and not being in this connection put on record in the tax bodies of the Republic of Belarus. In this instance sums of the value added tax presented upon acquisition (paid upon importation) of goods (works, services), property rights, related to carrying out activity and/or operations on acquisition (creation) and/or alienation of tokens;

with the tax under the simplified taxation system – revenue from alienation of tokens by means of their exchange for other tokens;

with the tax on profit – profit from alienation of tokens by means of their exchange for other tokens. In this instance, revenue and costs (expenses) on such operations shall not be taken into account for purposes of computation and payment of the tax on profit.

For purposes of taxation, alienation of tokens, including by means of their exchange for other tokens, shall be considered as realization of property rights.

Tokens, monetary means, electronic money, received as investments by legal persons as a result of creation and placement through residents of the Park of High Technologies of own tokens or exchange of received tokens for monetary means, electronic money shall not be considered as revenue for taxation purposes;

3.2. effect of the currency legislation does not expand to:

natural persons and legal persons (except for banks and non-bank credit-and-finance organizations) that are residents of the Republic of Belarus, while they performed permitted activities specified in sub-clauses 2.1 and 2.2 of clause 2 of this Decree being carried out with use of tokens;

residents of the Park of High Technologies while they perform operations with use of tokens.

In this instance it is not allowed to use foreign currency in settlements between residents of the Republic of Belarus, with the exception of operations (settlements) being performed by such residents among them in systems of cryptographic platform operators or with said operators, and also on foreign trading floors;

3.3. legislation on securities, securitization, requirements on licensing of professional and exchange activity on securities shall not expand to relationships (activity, operations) of residents of the Park of High Technologies with the use of tokens, including on those identical (similar) with relationships (activity, operations) regulated with the said legislation.

Mining, activity of a cryptographic platform operator, cryptocurrency exchange operator, other activity with the use of tokens shall not be recognized as banking activity;

3.4. for purpose of accounting:

tokens arisen (generated) in the process of mining or acquired otherwise shall be recognized as assets;

placement by legal persons of tokens created by them leads to arising of obligations before the owners of those tokens.

Cryptographic platform operators, cryptocurrency exchange operators, other organizations carrying out activity with the use of tokens shall reflect in accounting operations being performed by them, and also to draw up accounting and/or financial reports in the order established by the Ministry of Finance.

Legal status established by this Decree shall expand to tokens acquired (generated) prior to the entry into force of this Decree;

3.5. it is not required to obtain a special permit (license) for carrying out activity on technical and/or cryptographic protection of the information or other authorization documents related to protection of the information, to confirm conformity, to pass state expert examination of means of technical and cryptographic protection of information, other authorization procedures related to the protection of information*, to use information networks, systems and resources of the national segment of the global computer network Internet, placed in the territory of the Republic of Belarus, their state registration for:

residents of the Park of High Technologies – while they carry out activity in accordance with clause 3 of the Regulations on the Park of High Technologies, which is connected with development and/or application of the technology of transaction block ledger (blockchain);

natural persons – while they carry out mining, storage, acquisition, alienation of tokens;

legal persons – while they store, acquire, alienate tokens, perform other transactions (operations) with them.

Information for protection of which it is not required to obtain authorization documents and to pass authorization procedures may be processed in information systems without observance of the order established by the legislation for technical and/or cryptographic protection of the information in information systems and with application of information protection systems without holding their attestation provided that such information systems and/or information protection systems have been created with participation of resident of the Park of High Technologies or created by third persons and used by a resident of the Park of High Technologies while carrying out activity provided for in indent two of part one of this sub-clause;

__________________

* For the purposes of this sub-clause, information for protection of which it is not required to obtain authorization documents and to pass authorization procedures is understood information about the private life of a natural person, personal data and also information constituting commercial, bank secret (with the exception of commercial, bank secret of state bodies, other state organizations, economic companies, in the statutory funds of which 50 and more percent of shares (stakes) belong to the state).

 

3.6. in case of economic insolvency (bankruptcy) of a resident of the Park of High Technologies, subsidiary liability on obligations of such a legal person may not be imposed on the owner of its property, founders (participants) or other persons, including the head, having the right to give instructions mandatory for the legal person or a possibility to determine its actions otherwise, with the exception of cases when economic insolvency (bankruptcy) is caused by the actions of such persons that entailed their bringing to criminal liability.

4. To take measures aimed at increasing the legal protection of the participants in relationships connected with application of modern financial technologies. For realization of these measures, to establish that:

4.1. functions on control over activity of cryptographic platform operators, cryptocurrency exchange operators in respect of their compliance with legislation on prevention of legalization of profits received from crime, financing of terrorist activity and financing the proliferation of weapons of mass destruction are imposed on state bodies in accordance with their competence;

4.2. tokens shall not be referred to means in the meaning determined by the legislation on prevention of legalization of profits received from crime, financing of terrorist activity and financing the proliferation of weapons of mass destruction;

4.3. a cryptographic platform operator shall develop local normative legal acts in accordance with which it carries out its activity, including:

rules regulating the order of trade in tokens;

order of admission of participants for trading and exclusion from the trading participants;

rules of admission of tokens for trading;

4.4. a legal person that created and placed an own token through a resident of the Park of High Technologies is obliged to satisfy demands of the owner of the token, defined upon its creation and placement. Refusal to satisfy demands of the owner of the token with reference to the absence of a ground for the obligation or to its invalidity shall not be allowed;

4.5. activity of legal, natural persons on organizing and/or holding conferences, seminars, lectures, training and other similar events on matters of creation and/or use of the technology of transaction block ledger (blockchain), other technologies based on principles of distribution, decentralization and security of operations being performed using them shall be carried out upon obtaining consent of the state institution "Administration of the Park of High Technologies";

4.6. performance within the framework of control (supervisory) activities in the Republic of Belarus of inspections or residents of the Park of High Technologies without obtaining prior consent of the state institution "Administration of the Park of High Technologies" shall not be allowed.

5. To hold a legal experiment within the Park of High Technologies for approbation of new legal institutions for the possibility of their implementation in the civil legislation of the Republic of Belarus. For this purpose to grant to residents of the Park of High Technologies the right:

5.1. to conclude among them and/or with third persons a convertible loan contract.

Under the convertible loan contract, one party (lender) transfers money to the other party (borrower) into ownership, and the borrower shall, upon occurrence of a circumstance defined by the contract, including that depending on the will of the borrower and/or lender, or upon performance of actions defined by the contract by the borrower or third persons, shall transfer to the lender shares, stake (part of the stake) in the statutory fund of the borrower, being on the balance sheet of the borrower, or increase the statutory fund by the sum of the convertible loan with transfer to the lender of shares issuer of which is the borrower or of a stake (part of the stake) in the statutory fund of the borrower.

The period of such a transfer (increase of the statutory fund), price of the shares, stake (part of the stake) in the statutory fund or the order for its determining, amount and order of payment of interest for using the loan (if they are available) shall be stipulated by the parties in the convertible loan contract.

The borrower is obliged to return to the lender of the granted sum of money (sum of the loan) instead of the transfer of the mentioned shares, stake (part of the stake), to pay interest for using the loan, only if the return of the sum of loan is stipulated by the contract.

Within the validity period of the convertible loan contract, the borrower (its body) shall not bear the duty established by the legislation to decrease the statutory fund by the amount of the value of the stake (part of the stake) in its statutory fund, acquired by the borrower itself (by the sum of nominal values of shares transferred in disposal of the borrower) concerning which the convertible loan contract has been concluded and is not entitled to alienate such stake (part of the stake, share) to other person, unless otherwise established by the contract.

Relationships of the parties arising out of the convertible loan contract are not covered by provisions of the legislation:

on the preemptive right to purchase shares, stakes (parts of the stakes) in the statutory fund of an economic company, on the right of acquisition by the economic company of shares, stakes (parts of stakes) in its statutory fund and on the right of a close joint-stock company to offer to a third person to acquire shares of the given company not claimed as a result of exercise of its shareholders' preemptive right to acquire them;

on formation of the statutory fund of the economic company in part of the inadmissibility of the exemption of the founder (participant) of the economic company from the duty to make a contribution to the statutory fund (payment of shares) by means of a setoff of demands toward the economic company.

Incomes (profit) arising upon conversion of a demand of the lender under the convertible loan contract into shares, stake (part of the stake) in the statutory fund, including incomes in the form of an excess of the price of shares, stake (part of the stake) in the statutory fund on the date of conversion (i.e. on the date of satisfying such a demand) over their initial amount (nominal value) shall not be taxation object for the tax on profit;

5.2. to conclude among them and/or with third persons an agreement on providing option to conclude the contract (hereinafter – option to conclude the contract) and option contract.

In virtue of the option to conclude the contract, one party shall, through an irrevocable offer, grant to the other party a right to conclude one or several contracts on conditions stipulated by the option to conclude the contract.

Option to conclude the contract may be granted for payment and/or another consideration.

The other party is entitled to conclude the contract by means of acceptance of the mentioned offer in the order, time limits and on conditions, stipulated by the option to conclude the contract.

Option to conclude the contract may stipulate that acceptance is possible only upon occurrence of a conditions determined by such an option, including that depending on the will of one of the parties.

Option to conclude the contract must contain conditions that allow to determine the subject matter and other material conditions of the contract to be concluded.

The subject matter of the contract to be concluded may be described by any means that allow to identify it on the moment of acceptance of the irrevocable offer.

Option to conclude the contract shall be concluded in the form established for the contract to be concluded.

Under the option contract, one party, according to conditions stipulated by this contract, is entitled to demand within the period established by the contract from the other party to commit actions determined by the option contract (including to pay monetary means, transfer, provide or accept property, exclusive rights to intellectual activity results). Unless the entitled party declares the demand within the indicated period, the option contract shall terminate.

Within the validity period of the option to conclude the contract and/or option contract, the economic company (its body) shall not bear the duty established by the legislation to decrease the statutory fund by the amount of the value of the stake (part of the stake) in its statutory fund acquired by the company itself (by the sum of nominal values of shares transferred in disposal of the joint-stock company) concerning which the respective contracts have been concluded and is not entitled to alienate such stake (part of the stake, share) to other person, unless otherwise established by the contract.

5.3. to carry out performance and/or execution of transactions by means of a smart contract. A person that performed a transaction with the use of a smart contract is deemed to be duly informed on its conditions, including those expressed by the program code, unless proved otherwise;

5.4. to conclude among themselves and/or with third persons an agreement on reimbursement of property losses that stipulates a duty of one party to reimburse property losses incurred by the other party or a third person, arisen in the event of occurrence of circumstances determined in such agreement and not related to a breach of duties by a party that commits to reimburse them (including expenses caused by the impossibility to execute obligations, by demands by third parties or state bodies, other organizations toward the party of a third person specified in the agreement etc.).

The agreement may determine a limit of reimbursement of property losses or the order of its determination.

The amount of reimbursement of property losses may be decreased by the court in cases when it is proven that a party that incurred the property losses intentionally or due to a gross negligence contributed to increase of the amount of property losses and/or did not take reasonable measures for minimization of the amount of such losses.

A resident of the Park of High Technologies, owner of the property, founder (participant) of a resident of the Park of High Technologies, which provided, upon conclusion of the contract, inaccurate assurances in circumstances having importance for conclusion of the contract, its execution or termination (including those referring to the subject matter, powers to its conclusion, compliance of the contract with the applicable law, availability of necessary special permits (licenses), its financial status, availability of rights to material or intangible assets or referring to a third person, and other), are obliged to reimburse to the other party, upon its demand, property losses caused by the inaccuracy of such assurances and pay penalty fee if such is stipulated by the contract.

Recognition of the contract as not concluded or invalid, establishing the fact of its being null and void shall not exempt from the execution of the mentioned duty. A party that relied on inaccurate assurances in circumstances having material significance for it is entitled, along with the demand for reimbursement of losses, to repudiate the contract, unless otherwise established by an agreement of the parties. In this instance consequences of such repudiation may be determined by an agreement of the parties;

5.5. to conclude among them and/or with third parties an agreement stipulating the duty of one party to reimburse to the other party, upon its demand, losses and/or to pay penalty fee stipulated by such agreement in the event of committing by one party or by its affiliated person of actions resulting in cessation of labour relationships between the other party and its worker (workers) and establishing labour relationships between such worker (such workers) and the former party or its affiliated person;

5.6. to conclude an agreement with a worker in accordance with which the worker voluntarily accept commitment not to conclude within the period determined by such agreement labour and/or civil-law contracts with third persons being competitors of this resident of the Park of High Technologies and also to obligates not to carry out competitive entrepreneurial activity without formation of a legal person, not to act as a founder (participant) of an organization being a competitor of this resident of the Park of High Technologies, not to fulfill functions of its head, not to act as a member of its collegiate governing body.

In this instance, conclusion of the mentioned agreement between a resident of the Park of High Technologies and its worker is allowed in the event if the resident of the Park of High Technologies provided payment for compliance with the said circumstance in the amount of not less than one third of the average monthly salary of that worker for the last labour year, payable for each month of compliance with such commitment after the termination of labour relationships, and the time limit of such commitment does not exceed one year after the termination of the labour relationships between the resident of the Park of High Technologies and its worker. The agreement must determine territorial boundaries of such commitment, specific activity in relation of which it is accepted, liability for the breach of the agreement;

5.7. upon agreement of the parties, to stipulate in contracts between them and/or with third persons, any amount of penalty fee, including one that is greater in comparison with that established by the legislation. In this instance, the amount of penalty fee agreed upon by the parties may not be decreased by the court, with the exception of the event when a clearly disproportionate penalty fee has been unscrupulously imposed on the party of the contract that did not have real possibility to influence the content of the contract.

6. Residents of the Park of High Technologies are entitled to act as founders (participants, shareholders) of organizations being created (created) abroad, to participate in their governing, including from the territory of the Republic of Belarus, in the order provided by the legislation of respective foreign states. The given right shall also expand to participants (shareholders) of residents of the Park of High Technologies.

7. Upon exercise of any of the entitlements provided in sub-clauses 5.1 – 5.4 of clause 5 of this Decree, to grant to residents of the Park of High Technologies and also to their participants (shareholders) and other third persons being parties of civil-law contract with the mentioned persons a right to issue irrevocable powers of attorney, i.e. powers of attorney that may not be abolished prior to the termination of their validity period or may be abolished only in the instances provided in these powers of attorney. Such power of attorney may be issued for a period exceeding three years from the day of issuance.

8. Subjects of small entrepreneurship being organizations carrying out activity in the sphere of technologies of V and VI technological stages are entitled to conclude with non-residents of the Republic of Belarus convertible loan contracts in the order and on the conditions specified in sub-clause 5.1 of clause 5 of this Decree.

9. Legal persons, individual entrepreneurs, registered as residents of the Park of High Technologies prior to the entry into force of this Decree shall:

carry out activity in accordance with this Decree;

bear the duty established in indent seven of clause 19 of the Regulations on the Park of High Technologies only in relation to activities not carried out by them earlier and planned for carrying out after the entry into force of this Decree.

10. Parts one and two of sub-clause 2.2 of clause 2, indent three of part one of this sub-clause 3.1, indent two of part one of sub-clause 3.2 and indent three of part one of sub-clause 3.5 of clause 3 of this Decree expand their effect to relationships arisen prior to the entry into force of this Decree.

11. To introduce changes in the normative legal acts according to Annex 2.

12. To grant the right:

to the Council of Ministers of the Republic of Belarus jointly with the state institution "Administration of the Park of High Technologies" to explain issues of application of this Decree in part of use in the civil circulation of tokens and carrying out activity with the use of the technology of transaction block ledger (blockchain);

to the state institution "Administration of the Park of High Technologies" to explain issues of application of the Regulations on the Park of High Technologies.

13. The Council of Ministers of the Republic of Belarus shall, within a three-month period:

ensure the bringing of acts of legislation in compliance with this Decree;

take other measures on its realization.

14. The Ministry of Finance shall, within a three-month period, determine the order of accounting of tokens and operations with using them.

15. Until the bringing of acts of legislation in compliance with this Decree, they shall be applied in the part not contradicting it.

16. This Decree enters into force in the following order:

clauses 13, 14 and 17 – after its official publication;

other provisions of this Decree – in three months after its official publication.

17. This Decree is temporary and according to part 3 of Article 101 of the Constitution of the Republic of Belarus shall be presented for consideration of the National Assembly of the Republic of Belarus.

 

 

President of the Republic of Belarus                                                                                                                                                                                                                                                                                          A.Lukashenko

 

Annex 1

to Decree of the President of the Republic of Belarus

of December 21, .2017 No.8

 

LIST

of used terms and their definitions

 

 

1. A cryptographic platform operator – resident of the Park of High Technologies that provides with the use of an information system to natural and/or legal persons, including non-residents of the Republic of Belarus, with a possibility to perform between them and/or with the cryptographic platform operator the following transactions (operations):

alienation, acquisition of digital signs (tokens) for Belarusian rubles, foreign currency, electronic money;

exchange of digital signs (tokens) of one kind for digital signs (tokens) of another kind;

other transactions (operations) in accordance with the requirements of this Decree.

2. Virtual wallet – a software or soft- and hardware means intended for storage of digital signs (tokens) that makes it possible for its owner to carry out operations with them.

3. Owner of a digital sign (token) – subject of the civil law to which a digital sign (token) belongs on the right of ownership or another real right.

4. Cryptocurrency – bitcoin, another digital sign (token) used in international circulation as a universal means of exchange.

5. Mining – activity different from the creation of own digital signs (tokens), aimed at ensuring the functioning of the transaction block ledger (blockchain) by means of creating in such ledger of new blocks with information about performed operations. A person carrying out mining becomes the owner of digital signs (tokens) arisen (mined) as a result of his activity on mining and can receive digital signs (tokens) as remuneration for verification of the performance of operations in the transaction block ledger (blockchain).

6. A cryptocurrency exchange operator – resident of the Park of High Technologies carrying out, with the use of information systems and/or soft- and hardware complexes working in self-service mode (cryptomats) in the own name and in the own interest, exchange of digital signs (tokens) of one kind for digital signs (tokens) of another kind, purchase thereof and sale for Belarusian rubles, foreign currency, electronic money. Transactions (operations) on purchase and sale of digital signs (tokens) with residents of the Republic of Belarus shall be performed in Belarusian rubles.

7. Placement of digital signs (tokens) – performance of civil-law transactions or other legally significant actions aimed at the transfer of digital signs (tokens) to their first owners on conditions determined by the person that created through a resident of the Park of High Technologies such digital signs (tokens), including for purposes of attraction from the first owners of Belarusian rubles, foreign currency, electronic money, digital signs (tokens) of another kind.

8. Transaction block ledger (blockchain) – a sequence of blocks with information about operations performed in such a system built on the basis of given algorithms in a distributed decentralized information system using cryptographic methods of information protection.

9. A smart contract – program code intended for functioning in the transaction block ledger (blockchain), another distributed information system for purposes of automated performance and/or execution of transactions or performance of other legally significant actions.

10. Terms "resident of the Republic of Belarus" and "non-resident of the Republic of Belarus" are used in the meaning determined in Article 1 of the Law of the Republic of Belarus of July 22, 2003 “On Currency Regulation and Currency Control”.

11. Technological stage - a complex of technologically coupled industries, characteristic of a certain level of the development of social production (core of the technological stage), the key factor in the formation of which is the development of certain technological areas. V technological stage includes information and communication technologies, biotechnologies, technologies in the field of micro and radio electronics, technologies in the field of robotics and instrument engineering, technologies in the field of computing, fiber-optic equipment and office equipment, technologies for the production of medical equipment and providing high-tech medical care, technologies for production of pharmaceutical products, technologies for the production of new materials with specified properties, aerospace technologies, technologies in the field of nuclear energy and renewable energy sources. VI technological stage includes nanotechnology, genetic-engineering and cellular technologies, artificial intelligence technologies, additive technologies.

12. Digital sign (token) – a record in transaction block ledger (blockchain), another distributed information system which verifies that the owner of a digital sign (token) has rights to civil-law objects and/or is cryptocurrency.

 

 

Annex 2

to the Decree of the President of the Republic of Belarus

of December 21, 2017 No.8

 

 

LIST

of changes being introduced into normative legal acts

 

1. To introduce in Decree of the President of the Republic of Belarus of September 22, 2005 No. 12 "On the Park of High Technologies" the following changes:

in clause 2:

in indent two:

the words ”50 hectares“ are replaced by the words ”55.8 hectares“;

the words ", validity term of which is 15 years from the day of entry in the force of this Decree“ are replaced by words ”validity period till January 1, 2049";

after indent two the clause is added with the indent of the following content:

"the Park of High Technologies is not a free (special, separate) economic zone;";

clause 3 is laid down in the following wording:

3. To approve the Regulations of the Park of High Technologies (annexed)."

sub-clause 7.2 of clause 7 is added with the  part of the following content:

"Allocation of land plots for construction in the territory of the Park of High Technologies shall be carried out upon obtaining consent of the Administration of the Park of High Technologies.";

Annex to that Decree is laid down in the new wording (annexed);

Regulations on the Park of High Technologies, approved by this Decree, is laid down in the new editions (annexed).

2. In clause 3 of the Regulations on the order of sending to business trips abroad approved by Edict of the President of the Republic of Belarus of June 13, 2005 No. 274:

from sub-clause 3.7 words ” director of the state institution "Administration of the Park of High Technologies" are deleted;

to add the clause with sub-clause 3.322 of the following content:

”3.322. of the director of the state institution "Administration of the Park of High Technologies" – according to a decision of the mentioned official and with consent of the Deputy Head of the Administration of the President of the Republic of Belarus;".

 

 

Annex

to the Decree of the President of the Republic of Belarus

of September 22, 2005 No 12

(as edited by Decree of the President of the Republic of Belarus

of December 21, 2017 No.8)

 

 

Boundaries of the Park of High Technologies

 

 

The southern boundary of the landscape-recreational zones 88 LR2 and 228 LR4 (in accordance with the General Plan of the City of Minsk, approved by the Edict of the President of the Republic of Belarus No.165 of April 23, 2003 "On the Approval of the General Plan of the City of Minsk and Some Matters of Its Implementation" - from the red line of Minsk ring highway (external side) up to the red line of Akademika Kuprevicha Street (even side).

The red line of Akademika Kuprevicha Street (even side) - from the boundary of the landscape-recreational zone 228 LR4 up to the red line of Rusijanova Street (odd side).

The red line of Rusijanova Street (odd side) - from the red line of Akademika Kuprevicha Street (even side) up to the red line of Frantsiska Skoriny Street (odd side).

The red line of Frantsiska Skoriny Street (odd side) – from the red line of Rusijanova Street (odd side) to the red line of Programmistov Street (odd side).

The red line of Programmistov Street (odd side) - from the red line of Frantsiska Skoriny Street (odd side) up to the red line of Akademika Kuprevicha Street (odd side).

The red line of Akademika Kuprevicha Street (odd side) – from the red line of Programmistov Street (odd side) up to the western boundary of the land plot of the state scientific institution "Institute of Microbiology of the National Academy of Sciences of Belarus" (2 Akademika Kuprevicha Street).

The western boundary of the land plot of the state scientific institution “Institute of Microbiology of the National Academy of Sciences of Belarus" (2 Akademika Kuprevicha Street) – from the red line of Akademika Kuprevicha Street (odd side) up to the red line of Frantsiska Skoriny Street (odd side).

The red line of Frantsiska Skoriny Street (odd side) – from the western boundary of the land plot of the state scientific institution “Institute of Microbiology of the National Academy of Sciences of Belarus" (2 Akademika Kuprevicha Street) up to the red line of Akademika Kuprevicha Street (odd side).

The red line of Minsk ring highway (external side) – from the red line of recreational zone 88 LR2.

 

 

APPROVED

Decree of the President of the Republic of Belarus

of September 22, 2005 No 12

(as edited by Decree of the President of the Republic of Belarus

of December 21, 2017 No.8)

 

 

REGULATIONS

on the Park of High Technologies

 

HAPTER 1

GENERAL PROVISIONS

1. These Regulations determine legal grounds for activities of the Park of High Technologies, including functions and working procedures of the Supervisory Council of the Park of High Technologies (hereinafter – Supervisory Council), the competence of the state institution "Administration of the Park of High Technologies" (hereinafter – the Park Administration), the order of registration of residents of the Park of High Technologies, requirements to their activities, measures of state support to its residents.

2. Directions of activity of the Park of High Technologies are:

export of information and communication technologies and other new and high technologies, exclusive rights to intellectual activity results in the sphere of new and high technologies;

assistance in attraction of domestic and foreign investments in the development of the sphere of new and high technologies;

development and introduction of information and communication technologies and other new and high technologies in the Republic of Belarus;

assistance in personnel support of the innovative development of the national economy, development of education in the sphere of information and communication technologies;

formation of an institutional environment that stimulates innovation activity, including assistance in the development of a venture capital financing system, development of a start-up movement;

other directions coordinated with the President of the Republic of Belarus.

 

CHAPTER 2

RESIDENTS OF THE PARK OF HIGH TECHNOLOGIES.

APPLICATION FOR REGISTRATION AS RESIDENT OF THE PARK OF HIGH TECHNOLOGIES

 

3. As residents of the Park of High Technologies may be registered the legal persons and individual entrepreneurs of the Republic of Belarus, which have submitted the documents provided for in clause 4 of these Regulations to the Park Administration and which carry out or plan to carry out one or several of the following kinds of activity:

analysis, design and software for information systems*;

__________________

*Within the framework of this kind of activity the following is performed:

design, development, implementation (including granting authorization to use the software, assignment (transfer) of the exclusive right to the software) and documentation of information systems, software, including computer games, for any platform;

production of software programs according to the specification of the customer;

design, development and introduction into practice of automated management systems;

rendering of services on introduction or implementation of individual stages of implementation, support, maintenance, operation of information systems, software or information systems produced with the participation of a resident of the Park of High Technologies or of information systems software of third persons, including on training (advanced training) for work with these information systems or software. Within the framework of introduction, project is prepared, conceptual project is developed (description of business processes and their analysis, development of design solutions), implementation of the prototype system (setting up the system, developing test scenarios, developing system functionality extensions, functional testing of the system), preparing the system for trial operation (development of project and operational documentation, download of reference information, download of historical data, training in working with the system, integration testing), provision of support at the stages of experimental and pilot operation;

separate works (stages of work) that make up the process of developing the software (software tools), testing, modification, modification of software (software tools);

creation of databases by the resident of the Park of High Technologies in the process of developing information systems and software, preparing records for these databases in a given format, providing access to them, support and maintenance thereof.

 

activity on processing of data with application of a third person's software or own software;

fundamental and applied research, experimental developments in the sphere of natural and engineering sciences (research and science-and-research, design-and-experiment, and experiment-and-technology works related to the directions of activity of the Park of High Technologies, including in the field of development of the information society) and implementation of results of such research and developments;

development or individual stages of development (research, design (constructing), testing, technical testing) of materials, technologies, devices and systems of micro-, opto- and nanoelectronics, microelectromechanics and implementation of the results of such developments, and realization of materials, technologies, devices and systems of micro-, opto- and nanoelectronics, microelectromechanics and compative firmware, developed by the resident of the Park of High Technologies;

development or separate stages of the development (research, design (constructing), testing, technical trials) of technologies, devices and systems of mechatronics, embedded systems, software and hardware, software and hardware systems, components and computing machinery means and the implementation of the results of such developments with rendering of services for their mastering in production or without rendering of these services;

development (research, design (constructing), testing, technical trials) of data transmission systems, technologies, devices and systems of radiolocation, radio navigation, radio communication, radio control, radio frequency identification and the implementation of the results of such developments with rendering of services for their development in production or without rendering these services;

development or individual stages of the development (research, design (constructing), prototyping, testing, technical trials), production of high-tech materials, technologies, high-tech devices and systems, embedded systems, soft- and hardware tools, soft- and hardware complexes and compatible software, as well as realization of products and/or results of developments with rendering of services for their mastering in production and/or services accompanying the use of them or without rendering of these services;

activity on technical and/or cryptographic protection of information, including the use of electronic digital signature *;

activity on design, development, realization, implementation or execution of individual stages of implementation, support, maintenance, operation of software and/or soft- and hardware tools, soft=- and hardware systems based on and/or with the use of cloud computing technologies**;

_____________________

*Within the framework of this kind of activity the following is performed:

development, production, realization, installation, adjustment, service maintenance (or a selection from the specified list of works) of technical, software means of information processing in the protected execution, of technical, software, hard - and software means of information protection and control of its security, means of cryptographic protection of information (or a selection from the specified list of means);

holding technical tests, special research (or a selection from the specified list of works) of technical, software means for information processing, technical, software, soft- and hardware means for information protection and control of its security, means forcryptographic protection of information (or a selection from the specified list of means) information;

design, creation (or a selection from the specified list of works) of information protection systems in information systems;

attestation of informatization objects;

attestation of information protection systems in information systems;

performance of works on detection of special technical means intended for secretly obtaining information;

certification of the form of external representation of an electronic document on paper-based carrier;

rendering of services for distribution of public keys for signature verification.

** For the purposes of these Regulations, technologies of cloud computing are understood technologies on providing the user with computing resources and software as a service through telecommunication networks and by means of automating the processes of allocating computing resources, deploying and developing applications.

 

advising organizations on business and management issues in order to improve their effectiveness with rendering services for integrated management of the development and implementation processes of integrated information systems and technologies;

analysis of information needs of legal persons and individual entrepreneurs (system analysis, business analysis), advising on the use of information technologies for the purpose of innovation (reengineering) of business processes with the development of technical requirements for information systems and software;

audit of information systems and software in the process of their development, introduction and operation for compliance with technical requirements and/or information needs of users;

provision of services for the system-technical maintenance of computer equipment and local computer networks of state information systems;

rendering of automated services for search, selection, processing and sorting the data on the requests of third persons and providing them with information using the global computer network Internet;

activity on design, development, maintenance, realization, operation of software and/or soft- and hardware on the basis of or using the transaction block ledger (blockchain), other distributed decentralized information systems, including those using cryptographic information protection means;

development, maintenance, operation and realization of systems of unmanned vehicle control;

development, maintenance and realization of hardware and software technologies for the financial sector (contactless technologies for non-cash payments, mobile payments, electronic trading and other), financial information technologies;

creation, training of neural networks and other algorithms in specialized sections of artificial intelligence and realization of the results of this activity;

development or separate stages of the development of medical technologies, biotechnologies and realization of the results of such developments;

development or separate stages of the development of aerospace technologies and realization of the results of such developments;

activity on rendering of services to non-residents of the Republic of Belarus using software developed with participation of a resident of the Park of High Technologies (soft- and hardware means) for managing (carrying out) auxiliary production, administrative and business processes of organizations (business process outsourcing);

activity on rendering of services on providing through the global computer network Internet of software and technical possibilities to establish contacts and perform transactions between sellers and buyers (including provision of a trading floor operating in the global computer network Internet in real time) using software developed with the participation of a resident of the Park of High Technologies. For the purposes of this activity, if the seller and the buyer are residents of the Republic of Belarus, acceptance of payments, conducting of settlement servicing and other operations upon performance of transactions between them in the territory of the Republic of Belarus shall be carried out in accordance with legislation of the Republic of Belarus;

activity on rendering advertising, intermediary services, with the exception of bank operations, being carried out in the global computer network Internet with the use of software developed with participation of a resident of the Park of High Technologies;

activities related to development, introduction, realization of the concept of the computational and communication network of physical items equipped with built-in technologies for interaction between themselves and the external environment (Internet of Things);

educational activity in the sphere of information and communication technologies, including through the global computer network Internet, according to programs approved by the Park Administration;

software publishing activities*;

_________________

* Software publishing is understood as use by a person (publisher) of software developed by another person (developer) on the basis of a licensing or another contract concluded between them, stipulating that the publisher is granted with proprietary rights in respect to the software for commercialization by the publisher in any way, including its changing (adaptation), promotion, distribution.

 

rendering of services related to creation and placemen of digital signs (tokens) using the global computer network Internet, including services on promotion digital signs (tokens), consulting and other related services;

activity of the cryptographic platform operator;

activity of the cryptocurrency exchange operator;

mining;

other activities using digital signs (tokens), including those containing signs of professional and exchange activities on securities, investment fund activities, securitization, as well as operations on creation and placement of own digital signs (tokens);

activity on promoting software, including computer games, for any platforms, including marketing, advertising, consulting services using the global computer network Internet;

services of data processing centers*;

__________________

*Within the framework of carrying out this activity using data processing equipment, information and / or telecommunications infrastructure objects, belonging to a resident of the Park of High Technologies on the basis of the right of ownership, economic management, operative administration or being in its possession, use and/or disposal, such resident of the Park of High Technologies shall render services:

of hosting (services for placement, storage of an information resource of the user of telecommunication services), on providing users with access to such a resource, connecting them to the global computer network Internet, backup copying, archiving, data recovery, as well as telematic services using third-persons' software or the own software;

on organization and carrying out in the remote-access mode of distributed computing, remote use of software (software tools);

on building of distributed networks for delivery and distribution of the digital content (CDN);

based on the cloud computing technologies;

based on the technology "Internet of Things".

 

rendering of services on the basis of cloud computing technologies using software and/or soft- and hardware means (systems) developed with participation of a resident of the Park of High Technologies;

activity on creation of audiovisual, musical works using software developed with the participation of a resident of the Park of High Technologies, creation of static materials and video materials using computer graphics;

activities in the field of cybersports, including preparation of cybersport teams, organization and holding of competitions, organization of their broadcasts, rendering of advertising services while carrying out such activity;

other activities in the sphere of new and high technologies according to a decision of the Supervisory Council.

4. For registration as the resident of the Park of High Technologies, the legal person or the individual entrepreneur shall submit to the Park Administration the application completed in accordance with the form approved by the Council of Ministers of the Republic of Belarus, with the following documents enclosed:

copies of the statute (constituent contract – for a commercial organization which operates only on the basis of the constituent contract) and the certificate of the registration of the legal person certified by its head, copy of the certificate of state registration of the individual entrepreneur, alongside with presentation of originals of the mentioned documents;

business project intended for implementation as the resident of the Park of High Technologies. The said business plan shall specify one or

several activities listed in clause 3 of these Regulations, specific arrangements for their implementation, kinds and volumes of goods (works, services), property rights, intended for realization, substantiation of the necessity of their realization, planned results of financial and economic activity. The business project shall be submitted in accordance with the form approved by the Council of Ministers of the Republic of Belarus.

 

CHAPTER 3

ORDER OF ADOPTION OF DECISION ON REGISTRATION

(ON REFUSAL IN REGISTRATION) 
OF LEGAL PERSON OR INDIVIDUAL ENTREPRENEUR AS THE RESIDENT OF THE PARK OF HIGH TECHNOLOGIES

 

5. Documents submitted by the legal person or the individual entrepreneur to the Park Administration for registration as residents shall be accepted with recording in the list, a copy of which with a notice about date of documents acceptance shall be handed over to the applicant.

6. The Park Administration shall consider the submitted documents and send them together with the conclusion about the expediency or inexpediency of registration of the applicant as the resident of the Park of High Technologies to the Supervisory Council for consideration.

In case of submission of documents unduly formalized or of an incomplete set of documents, they shall be returned by the Park Administration to the applicant with indication of the causes of return within 5 working days from the day of submission of such documents by the applicant.

7. The Supervisory Council shall make a decision about registration or refusal in registration of the legal person or the individual entrepreneur as the resident of the Park of High Technologies, taking into consideration the importance and significance of the business project submitted by the legal person or the individual entrepreneur in accordance with indent 3 of clause 4 of these Regulations for the development of sphere of new and high technologies.

8. The total time limit of consideration of the documents submitted for registration of the legal person or the individual entrepreneur as the resident of the Park of High Technologies by the Park Administration and making the decision by the Supervisory Council may not exceed one month from the date of submission of such documents by the applicant.

9. Prior to adoption of the decision on registration of the applicant as the resident of the Park of High Technologies, the Supervisory Council may give an order to the Park Administration to hold a scientific and technical expert examination (examinations) of the documents submitted by the applicant, including with participation of experts (scientific and other organizations, scientists and specialists). In this case the term of consideration of documents and decision-making is prolonged for the period of carrying out of expert examination (examinations), but not more than for 10 days.

Concerning projects stipulating the use of digital signs (tokens), an external audit's report may be requested, including the juridical one.

10. The grounds for refusal in registration of the applicant as the resident of the Park of High Technologies are the following:

a negative conclusion of scientific and technical expert examination (examinations) of the documents submitted by the applicant for registration as the resident of the Park of High Technologies;

adoption of a decision by the Supervisory Council about absence of importance and significance of the business project offered by the applicant for implementation as the resident of the Park of High Technologies for the development of sphere of new and high technologies.

11. When the Supervisory Council has adopted the decision about the registration of the applicant as the resident of the Park of High Technologies, the Park Administration shall enter appropriate data in the Register of Residents of the Park of High Technologies (including cryptographic platform operators, cryptocurrency exchange operators) (hereinafter referred to as the Register of the Park Residents), issue the Certificate of registration of the resident of the Park of High Technologies to the applicant and notify in writing, within five days, respective bodies of state statistics, of the Fund of Social Protection of Population of the Ministry of Labour and Social Protection, the inspectorate of the Ministry on Taxes and Dues at the place of putting on record of the resident of the Park of High Technologies.

12. Forms of the Register of the Park Residents and Certificate of registration of the resident of the Park of High Technologies are to be approved by the Council of Ministers of the Republic of Belarus.

13. The Certificate of registration of the resident of the Park of High Technologies or the decision on refusal in registration of the legal person or the individual entrepreneur as residents of the Park of High Technologies shall be handed over to the applicant by the Park Administration within 5 working days from the day of the decision of the Supervisory Council on registration (refusal in registration).

14. In the event of damage or loss of the certificate of registration of the resident of the Park of High Technologies, the Park Administration shall issue the duplicate of this certificate upon a written application of the resident of the Park of High Technologies within 5 working days from the day of registration of the application.

Upon loss of the certificate of registration of the resident of the Park of High Technologies, a written application of the resident of the Park of High Technologies shall be enclosed a copy of the announcement about the loss of such certificate placed in one of the printed mass medium.

15. The decision about refusal in registration of a legal person or individual entrepreneur as residents of the Park of High Technologies must contain reasons of such refusal and may be appealed in the court.

 

CHAPTER 4

PRINCIPLES OF ACTIVITY OF THE RESIDENTS OF THE PARK OF HIGH TECHNOLOGIES

 

16. A contract on conditions of the activity of the resident of the Park of High Technologies the model form of which is determined by the Supervisory Council shall be concluded between the resident of the Park of High Technologies and the administration of the Park Administration.

17. Resident of the Park of High Technologies is obliged to:

carry out the activity in accordance with the directions of activity of the Park of High Technologies;

make deductions to the Park Administration in the amount of 1 percent of the revenue (income)* received for the preceding quarter when carrying out activities specified in clause 3 of these Regulations and activities in accordance with indents four – six of clause 19 of these Regulations, from alienation of digital signs (tokens) for Belarusian rubles, foreign currency, electronic money;

_____________________

* When determining the amount of deductions according to indent three of clause 17 of these Regulation:

the sum of revenue (income) shall be decreased by sums:

of expenses on purchasing digital signs (tokens) for Belarusian rubles, foreign currency, electronic money, other digital signs (tokens);

remunerations paid to banks, non-bank credit-and-finance organizations of the Republic of Belarus, banks and other credit-and-finance organizations created in accordance with legislation of a foreign state with location outside the Republic of Belarus, including on operations with electronic money;

commission (agency) remunerations, remunerations to an agent or another person acting on the basis of a civil-law contract and rendering services on distribution of software developed with the participation of the resident of the Park of High Technologies, advertisements placed by the resident of the Park of High Technologies in such software, its additional functional capabilities;

taxes (dues), duties, other obligatory payments retained and/or paid to the budget or to non-budgetary funds of foreign states in accordance with their legislation;

the sum of revenue shall not include:

when carrying activities provided in indents twenty-three, twenty-four, twenty-seven – thirty-two of clause 3 of these Regulations – monetary means, electronic money received, accordingly, to bank accounts, to electronic wallets of the resident of the Park of High Technologies in the interests of its customers (third persons);

digital signs (tokens) created, mined, acquired by the resident of the Park of High Technologies or received by him otherwise.

 

at the request of the Park Administration, submit to the Administration copies of statistical reports, tax declarations (calculations) on taxes and dues (duties) the payer of which it is;

Quarterly, not later than on the 10th day of the month following the reporting quarter, inform the Park Administration and the tax body at the place of putting on record on movement of money on accounts opened by this resident of the Park of High Technologies in banks and other credit and finance organizations created in accordance with legislation of a foreign state, with location outside the Republic of Belarus, and also on movement of electronic money on electronic wallets;

annually carry out mandatory audit of the annual accounting (financial) reports and submit, not later than on July 1 of the year following the reporting year, the auditor’s report on results of the audit of these reports to the Park Administration;

annually, till February 1 of the year following the reporting year, submit to the Park Administration a report on activity carried out by the resident of the Park of High Technologies according to the form determined by the Park Administration;

within 10 working days from the day of reorganization or state registration of changes and/or additions introduced into the statute (constituent contract for a commercial organization which operates only on the basis of the constituent contract) of the legal person, changes introduced into the certificate of state registration of the individual entrepreneur, of the decision on liquidation (termination of activities), to notify the Park Administration thereabout with submission of confirming documents;

keep separate records of revenues (incomes) and costs (expenses) related to each of the categories of activity (operations), the turnovers (profit, incomes) from which in accordance with the Decree that approved these Regulations, are exempt from taxation, are taxed at a reduced tax rate or are not taxation object;

receive external audit's report, including the juridical one, concerning projects stipulating creation and placement of digital signs (tokens) or their other use.

18. Residents of the Park of High Technologies are not entitled to receive revenue (income) from realization of goods (works, services), property rights, from allocation of property and objects of the intellectual property in use, occurrence of which is not cause by activity (actions) permitted for carrying out by residents of the Park of High Technologies in accordance with clauses 3 and 19 of these Regulations.

19. The resident of the Park of High Technologies is entitled to:

carry out activity on giving for lease immovable property (a part thereof) belonging to it on the right of ownership or on the right of economic management, operative administration, provided that the total sum of rent (with account of the value added tax) for a calendar year does not make more than 10 percent of the revenue (income) received by the resident of the Park of High Technologies for the period from January 1 till December 31 of the year preceding the year in which such activity has been carried out. For the purposes of this indent revenue (income) shall include revenue (income) from realization of goods (works, services), property rights, recognized as such in accordance with the legislation on accounting and accounting (financial) reports (for residents of the Park of High Technologies – individual entrepreneurs – income recognized as such in accordance with the tax legislation) and shall not include the rent;

grant loans to the persons being in labour relationships with this resident at the expense of profit remaining at his disposal after payment of taxes, dues (duties) and other obligatory payments to the republican and local budgets, including to state special-purpose budgetary funds and state non-budgetary funds, remittance of a part of the profit in accordance with the legislation. Decisions on the amount of loans, determining the interest for loans, method of security of the fulfillment of the obligations on repayment of loans shall be taken by the resident of the Park of High Technologies independently;

create legal persons (including abroad), acquire shares, stakes (parts of stakes) in statutory funds, stocks (parts of stocks) in the property of legal persons (including those registered abroad), alienated such shares, stakes (parts of stakes) in statutory funds, stocks (parts of stocks) in the property of legal persons (including those registered abroad) and dispose of them otherwise, and also to receive dividends posted to the participant (shareholder) on shares, stakes (parts of stakes) in statutory funds, stocks (parts of stocks) in the property of legal persons (including those registered abroad), belonging to the given participant (shareholder). At the same time, residents of the Park of High Technologies are entitled to act as owners of property (founders, participants) of commercial organizations, regardless of whether they are owners of property (founders, participants), managers of other commercial organizations in respect of which a decision has been made to liquidate, but the liquidation process is not completed, or in respect of which the economic court has issued a ruling to open a bankruptcy proceeding and prepare the case on economic insolvency (bankruptcy) for the court proceedings, or were the owners (founders, participants), managers of legal persons declared economically insolvent (bankrupt) and excluded in this connection from the Unified State Register of Legal Persons and Individual Entrepreneurs;

receive revenue (income) from the use, in any way, of software developed with the participation of the resident of the Park of High Technologies or distributed when carrying out software publishing activity, including from the placement of advertising in such software, paid subscription to it, payment for its additional functional capabilities, collection and/or systematization of the data, carried out due to the use of software by users;

prepare, systematize training sets (datasets) for the subsequent training of neural networks, necessary for carrying out the activity specified in clause 3 of these Regulations and in this clause;

to carry out activities specified in clause 3 of these Regulations that were not registered at the time of registration as a resident of the Park of High Technologies, only after the Supervisory Council has taken a decision to approve a new (additional) business project in the order established by these Regulations for adoption of a decision on registration (on refusal in registration) of a legal person, individual entrepreneur as residents of the Park of High Technologies. In this instance it is not required to submit documents provided in indent two of clause 4 of these Regulations.

A new (additional) business-project shall specify one or several activities listed in clause 3 of these Regulations, specific arrangements for their implementation, kinds and volumes of goods (works, services), property rights, intended for realization, substantiation of the necessity of their realization, planned results of financial and economic activity. A new (additional) business-project shall be submitted according to the form approved by the Council of Ministers of the Republic of Belarus for business projects to be submitted for registration as residents of the Park of High Technologies;

alienate property (including immovable property) that was in its use upon expiration of at least 12 months from the date of its acquisition (emergence of rights thereto) by the resident of the Park of High Technologies;

within the framework of activity provided in clause 3 of these Regulations, indents five and six of this clause, carry out performance and/or execution of transactions by means of smart contracts, acquire, receive and remit electronic money issued by residents of the Republic of Belarus, and also electronic money issued by non-residents of the Republic of Belarus, with obligatory conclusion of a contract with bank, non-bank credit-and-finance organization of the Republic of Belarus, distributing and/or paying off electronic money issued by a non-resident of the Republic of Belarus. A smart contract may be concluded in the order provided in clause 21 of these Regulations;

carry out within the framework of the activity specified in clause 3 of these Regulations, indents five and six of this clause, exchange of electronic money of one settlements system for electronic money of another settlements system with the use of electronic money as well as exchange of electronic money denominated in different currencies and issued within one settlements system with the use of electronic money;

redeem electronic money received into electronic wallets as a result of the activities provided for in clause 3 of these Regulations, indents five and six of this clause, in the order and terms determined by the resident of the Park of High Technologies;

open within the framework of the activities provided for in clause 3 of these Regulations, indents five and six of this clause, electronic wallets in the settlement systems using electronic money issued by non-residents of the Republic of Belarus without compulsory conclusion of an agreement with the bank of the Republic of Belarus, which distributes and/or redeems electronic money issued by a non-resident of the Republic of Belarus;

without the permission of the National Bank, to open accounts in foreign currency and Belarusian rubles in banks and other credit and financial organizations established in accordance with the legislation of a foreign country with a location outside the Republic of Belarus, as well as credit funds to them and make settlements using these accounts with the sending no later than 30 working days to the tax body at the place of registration and the Park Administration of the information on the opening of such accounts;

in order to carry out the kinds of activities mentioned in indents twenty third, twenty fourth, twenty seventh – thirty two of clause 3 of these Regulations, to receive money, electronic money and digital signs (tokens) on their current (settlement) bank accounts, electronic and/or virtual wallets in the interests of their clients (third persons), use them to make any deals with the third persons necessary for carrying out of such kinds of activities, and transfer (pass) them to the customers (third persons);

buy foreign currency in the domestic foreign exchange market without restrictions on the purposes of its use;

conduct in the notification order the currency operations connected with the capital flow, carried out in accordance with the legislation on the basis of the permission of the National Bank;

engage third persons for carrying out of activities specified in clause 3 of these Regulations. If special permits (licenses) and other permission documents are required to carry out such kinds of activities, the third parties must have such special permits (licenses) and other permission documents. When developing (producing, creating) goods (works, services), property rights, the share of participation of persons engaged by a resident of the Park of High Technologies may not be 100 percent;

provide gratuitous (sponsorship) assistance to educational institutions of the Republic of Belarus for the purposes determined by the parties themselves in the contract for provision of such assistance;

act as a customer (builder) in construction activities in respect of capital structures (buildings, constructions) for their own needs and/or the needs of their employees.

20. Requirements for the form, content and procedure of formalization of primary accounting documents established by the legislation on accounting and accounting (financial) reporting (for individual entrepreneurs – in accounting for incomes and expenses), do not apply to economic operations of the residents of the Park of High Technologies that they conduct with non-residents of the Republic of Belarus.

When conducting economic operations with non-residents of the Republic of Belarus, residents of the Park of High Technologies are entitled to:

solely draw up a primary accounting document (accounting reference (reference-calculation), on the basis of which the economic operation is reflected in the accounts of accounting (in the accounting of incomes and expenses of the individual entrepreneur). At this, the accounting reference (reference-calculation) shall contain the name of the document, the date of its drawing up, the name of the organization, the name and initials of the individual entrepreneur who are the participants of economic operations, the position of the person responsible for conducting of the economic operation and (or) the correctness of its formalization by the resident of the Park of High Technologies, his/her last name, initials and signature, the grounds for conducting and the contents of the economic operation, their overall assessment in natural and (or) cost indicators;

draw up two or more homogeneous economic operations, conducted in one calendar month, with one primary accounting document, including the one drawn up solely;

use as a primary accounting document the document (information) issued by a non-resident of the Republic of Belarus and drawn up in a foreign language, including received through electronic communication channels, provided that it contains at least the data about the content of the economic operation, its general assessment in natural and (or) cost indicators and the date of conduct of the operation. At this, economicoperations on accounts of accounting (in accounting of incomes and expenses of an individual entrepreneur) shall be reflected by a resident of the Park of High Technologies on the basis of the above document (information) with enclosing to it of a translation of this document (information) certified by the resident of the Park of High Technologies into Belarusian or Russian for each economic operation.

The primary accounting documents provided in indent three of part two of this clause shall be drawn up no later than on the 20th day of the month following the month in which two or more homogeneous economic operations were conducted with a non-resident of the Republic of Belarus, indicating the date of their conducting.

When registering primary accounting documents by the residents of the Park of High Technologies there is allowed to use facsimile reproduction of the signature by means of mechanical or other copying, electronic digital signature or other analogue of the handwritten signature.

21. Legislation on the procedure for conducting and control of foreign trade operations, including the requirements for the terms and methods of completing of foreign trade operations, does not apply to foreign trade operations with participation of the residents of the Park of High Technologies.

Within the framework of carrying out of foreign trade activities, the residents of the Park of High Technologies shall ensure the receipt of revenue to the accounts and completion of each foreign trade operation in accordance with the concluded contracts

Residents of the Park of High Technologies on foreign trade operations at writing off and (or) receiving funds to their accounts shall represent to the bank, non-bank credit-and-finance organization of the Republic of Belarus in which these accounts are opened, the documents (information) on such foreign trade operations, drawn up in the order stipulated by these Regulations.

A simple written form of the transaction, including foreign economic transactions, made with the participation of a resident of the Park of High Technologies, is considered to be complied with if the proposal to conclude an agreement, including in the form of program code, electronic or other message, made with using electronic or other communication, information systems or information networks, was received in accordance with clause 3 of Article 408 of the Civil Code of the Republic of Belarus or by other means, established by the acts of legislation or by an offer to conclude the contract, regardless of the presence in such an offer of a signature, including an electronic digital signature, if the circumstances of the conclusion of the contract make it possible to determine that it comes from a party to the contract.

For the purposes of these Regulations, a public offer made in a simple written form includes the user agreement, the general terms of cooperation and other documents (information), the program code placed in the public domain in the global network Internet, containing essential terms of the contract and the offer to conclude a contract on the specified conditions with anyone who responds, regardless of the presence in such documents (information) of the signature, electronic digital signature.

22. Parties to shareholder agreements (contracts) on the exercise of the rights of participants in the limited (additional) liability companies may be simultaneously all participants of the resident of the Park of High Technologies, as well as a resident of the Park of High Technologies, which is an economic entity.

The agreements (contracts) mentioned in part one of this clause may contain provisions:

on the application of foreign law to them, regardless of the presence of a foreign element in the transaction (including from the citizenship (place of residence) of natural persons or the place of establishment (registration, place of activity) of legal persons);

on the refusal of the preemptive right to purchase shares, stakes (parts of stakes) in the statutory fund of the economic company by persons who have such a preemptive right, the right to purchasing by the economic company of shares, stakes (parts of stakes) in its statutory fund and the right of a closed joint stock company to offer a third person to purchase shares of this company that are not claimed as a result of the realization by its shareholders of the preemptive right to acquire them, as well as on the exercising of these rights in another way than it is determined in the legislation.

Disputes from such agreements (contracts) may be transferred, by the agreement of the parties to these deals, to foreign courts or arbitrations (arbitration courts), regardless of the citizenship (place of residence) of natural persons or the place of establishment (registration, place of activity) of legal persons that are such parties.

23. Retention or transfer of the status of the resident of the Park of High Technologies upon reorganization of a legal person registered as the resident of the Park of High Technologies is allowed when it has been reorganized only in the form of affiliation of another legal person or splitting off one or several legal persons from it, or its transformation.

When a legal person registered as the resident of the Park of High Technologies has been reorganized in the form of affiliation of another legal person or splitting off one or several legal persons from it, the status of resident of the Park of High Technologies is retained by the reorganized legal person.

When a legal person registered as the resident of the Park of High Technologies has been reorganized in the form of transformation, the status of resident of the Park of High Technologies is transferred to the newly created legal person from the date of its state registration.

24. The change of the owner of property or change of founders (participants) of the legal person registered as the resident of the Park of High Technologies, not related to its reorganization, does not entail the change of the legal status of the legal person as the resident of the Park of High Technologies.

25. When the name of the legal person (name, first name, patronymic (if available) of the individual entrepreneur) registered as the resident of the Park of High Technologies has been changed or it has been reorganized in the form of transformation, such legal person (individual entrepreneur) is obliged, within ten-day period from the date of state registration of respective changes in the statute ((constituent contract for a commercial organization which operates only on the basis of the constituent contract), changes introduced into the certificate of state registration of the individual entrepreneur or from the date of state registration of the newly created legal person, to return the certificate of registration of the resident of the Park of High Technologies (its duplicate) to the Park Administration. The Park Administration shall enter respective data into the Register of the Park Residents and, within 5 working days after the return of certificate to registration of the resident of the Park of High Technologies (its duplicate) issued earlier, shall issue a new certificate.

26. When the status of the resident of the Park of High Technologies has been retained (transferred), and also when the name of the legal person (name, first name, patronymic (if available) of the individual entrepreneur) has been changed, such legal person (individual entrepreneur) retain the former registration number in the Register of the Park Residents.

 

CHAPTER 5

STATE SUPPORT OF RESIDENTS OF THE PARK OF HIGH TECHNOLOGIES

 

27. Residents of the Park of High Technologies are exempted from:

income tax (with the exception of the income tax to be computed, deducted and remitted while fulfilling the duties of the tax agent), unless otherwise established in clause 28 of these Regulations;

value-added tax for turnovers related to realization of goods (works, services), property rights in the territory of the Republic of Belarus, unless otherwise established in clause 28 of these Regulations;

offshore duty in respect of objects of taxation with offshore duty at the settlements for advertising, marketing, intermediary services, as well as at the payment (transfer) of dividends to their founders (participants), part of income accrued to the owner of their property.

28. The tax privilege provided in indent 3 of clause 27 of these Regulations does not cover turnovers on realization of goods placed under the customs procedure of export, and also exported (without thecommitment to return importation in the territory of the Republic of Belarus) to the member states of the Eurasian Economic Union.

In the event of failure to confirm the fact of exportation of such goods outside the Republic of Belarus in accordance with the tax legislation and treaties of the Republic of Belarus, the residents of the Park of High Technologies shall calculate and pay the value added tax under the procedure established by the tax legislation and treaties of the Republic of Belarus.

The tax privilege provided in indent 3 of clause 27 of these Regulations is not granted to the residents of the Park of High Technologies in relation to the rent from the lease of immovable property (a part thereof) belonging to them on the right of ownership or on the right of economic management or operative administration.

Residents of the Park of High Technologies are entitled to refuse using the tax benefit provided in indent 3 of clause 27 of these Regulations for the period of not less than one calendar year, having filed a respective notice with the tax body.

Irrespective of the tax privilege provided for in indent two of clause 27 of these Regulations, the following of the residents of the Park of High Technologies are subject to an income tax at the rate of 9 percent:

profit from alienation by a participant of a stake (part of the stake) in the statutory fund (stock (part of the stock)) of an organization;

profit from the sale of the enterprise as a property complex;

profit obtained from the realization (redemption) of securities;

incomes in the form of interest for the provision of funds for use, as well as income indicated in sub-clauses 3.1, 3.2, 3.4 and 3.13 of clause 3 of Article 128 of the Tax Code of the Republic of Belarus.

Privileges for income tax and value added tax provided for in indents two and three of clause 27 of these Regulations are not applied by the residents of the Park of High Technologies in relation to turnover, profit from the sale of the property, indicated in indent eight of clause 19 of these Regulations.

29. The land plots within the boundaries of the Park of High Technologies are exempt from the land tax for the period of construction, on these plots by the residents of the Park of High Technologies, of capital constructions (buildings, structures) intended for realization of their activities, but not more than for three years.

30. Objects subject to tax on immovable property situated in the territory of the Park of High Technologies and whose payers are the residents of the Park of High Technologies, are exempted from this tax, with the exception of such objects given by them in lease.

31. Incomes of natural persons (except for the workers who are carrying out maintenance and guarding of buildings, premises, land plots), received within a calendar year from the residents of the Park of High Technologies under the labour agreements (contracts), and also incomes of the residents of the Park – individual entrepreneurs, being the payers of the income tax from natural persons, the income in the form of dividends received from the resident of the Park of High Technologies by the participant (shareholder) of such a resident of the Park on the stakes (stocks, shares) belonging to this participant (shareholder), stake (part of stakes) in the statutory funds, stocks (part of stocks) in the property of legal persons (including those registered abroad) are taxed with the personal income tax at the rate of 9 percent.

There are exempted from the personal income tax the incomes of payers from the realization of stakes in the statutory fund of residents of the Park of High Technologies belonging to a natural person uninterruptedly for at least 365 calendar days, shares of the residents of the Park of High Technologies, alienated not earlier than 365 calendar days from the date of acquisition.

32. There are exempted from the value added tax the turnovers from realization in the territory of the Republic of Belarus to the residents of the Park of High Technologies by foreign organizations that do not carry out the activities in the Republic of Belarus through a permanent representation and are not therefore put on record in the tax bodies of the Republic of Belarus:

of property of rights to intellectual property objects;

advertising, marketing, consulting services;

information processing services;

works (services) on development of software for electronic data processing machines and databanks (software and information products for computing machinery), their adaptation and modification, on support of such software and databases;

services on providing the disk space for placing information on a server and/or services for its technical maintenance, works (services) for design, development, graphic design and modification of web pages, database development, access to them;

services with the assistance of which the information about potential buyers (consumers) is searched and/or provided by the ordering customer.

33. The rate of tax on incomes of foreign organizations not carrying out the activities in the Republic of Belarus through a permanent representation, in the amount of 0 (zero) percent is applied to incomes from:

alienation of stakes in the statutory fund (stocks, shares) of an organization – resident of the Park of High Technologies or a part thereof;

activity on data processing and information hosting (data processing services, web hosting (including complex services on hosting and managing websites);

providing complex data processing services provided by the client, and drawing up specialized reports based on these data;

providing services on data input and processing (including services on database management, data storage, providing access to databases);

providing place and time for advertising in the global computer network Internet;

activity of web portals on the functioning of websites that use search systems to create and maintain extensive databases of Internet addresses and content in a format that provides easy information retrieval;

providing disk space and/or a communications channel for placing information on a server and/or services for its technical maintenance;

debt obligations of any kind, regardless of the way they are issued, royalties;

intermediary services, advertising services.

The tax rate in the amount of 0 (zero) percent is applied to the incomes specified in part one of this clause in the case if the source of payment of these incomes is a resident of the Park of High Technologies, and in respect of the income mentioned in indent two of part one of this clause, – also provided that the recipient of income is a foreign organization that, on the day of computing income determined in accordance with clause 2 of Article 148 of the Tax Code of the Republic of Belarus, for at least 365 calendar days continuously actually owns on the right of ownership of the stakes in the statutory fund (stocks, shares) of an organization – resident of the Park of High Technologies, whose stakes in the statutory fund (stocks, shares) or parts thereof are alienated.

34. Workers of the residents of the Park of High Technologies and residents of the Park of High Technologies - individual entrepreneurs are subject to compulsory state social insurance in accordance with existing procedure.

In this instance, compulsory insurance payments are not levied on a part of the income (outpayments) of the worker of the resident of the Park of High Technologies (except for the workers who are carrying out maintenance and guarding of buildings, premises, land plots), which is the object for levying of such payments, exceeding the average wages of the employees in the Republic of Belarus for the month prior to the month for which the above-mentioned compulsory insurance payments shall be paid.

When applying the benefit provided by part two of this clause, pensions for the employees of the residents of the Park of High Technologies and for the residents of the Park of High Technologies - individual entrepreneurs are computed for the appropriate period in accordance to actually paid sums of compulsory insurance payments.

Workers of the residents of the Park of High Technologies are entitled to refuse and the residents of the Park - individual entrepreneurs are entitled not to use the privilege provided in part two of this clause.

35. Residents of the Park of High Technologies are exempted from the import customs duties (with regard to international commitments of the Republic of Belarus) and the value added tax levied by customs bodies at the importation of the goods into the territory of the Republic of Belarus of technological equipment, components and (or) spare parts thereto, intended for use exclusively in the territory of the Republic of Belarus for implementation of investment projects within the framework of carrying out of kinds of activities specified in clause 3 of these Regulations.

Grounds for exemption from the duties and the tax, indicated in part one of this clause, are:

conclusion of the Park Administration about the intended use of technological equipment, components and (or) spare parts thereto, being imported by a resident of the Park of High Technologies to the territory of the Republic of Belarus, for the purposes of exemption from the import customs duties;

conclusion of the Park Administration about the intended use of technological equipment, components and (or) spare parts thereto, being imported by a resident of the Park of High Technologies to the territory of the Republic of Belarus, for the purposes of exemption from the value added tax collected by the customs bodies.

The list of technological equipment, components and (or) spare parts thereto, indicated in part one of this clause, and also the procedure for issue of conclusions being the ground for exemption from import customs duties and value added tax, indicated in part two of this clause is approved by the President of the Republic of Belarus, unless otherwise determined by international commitments of the Republic of Belarus.

Use within two years from the date of release of technological equipment, components and (or) spare parts thereto, in relation to which there have been granted the privileges on payment of import customs duties and value added tax levied by customs bodies, by the residents of the Park of High Technologies for other purposes than those determined in part one of this clause and also transfer of these goods into the ownership or into possession, usage and (or) disposal to legal or natural persons on the basis of civil-law transactions within two years from their release are permitted only subject to payment of the mentioned customs payments and fulfilling of other requirements provided by the legislation.

The requirements established by the legislation of the Republic of Belarus in respect of foreign gratuitous assistance, are not applied to the import by the residents of the Park of High Technologies of the goods intended for temporary use in the territory of the Republic of Belarus for the purpose of carrying out the kinds of activities specified in clause 3 of these Regulations and placed under the customs regime of temporary importation.

36. The rate of the tax on incomes of foreign organizations not carrying out the activity in the territory of the Republic of Belarus through permanent representation as dividends, if the source of payment of such incomes is a resident of the Park of High Technologies, shall be equal to 5 percent, unless a more favourable regime stipulated by treaties of the Republic of Belarus.

37. When calculating the rate of the rent in respect of the capital constructions (buildings, structures), isolated premises, parts thereof, being in the state ownership and also in the ownership of economic entities in statutory funds of which more than 50 percent of shares (stakes in the statutory funds) are in the ownership of the Republic of Belarus and (or) its administrative and territorial units, located in the territory of the Park of High Technologies and leased by the residents of the Park of High Technologies, the reducing coefficient equal to 0.5 shall be applied to the base rate.

38. The foreign currency received by the residents of the Park of High Technologies is not subject to the compulsory sale.

39. In the event of retention or transfer of the status of the resident of the Park of High Technologies in accordance with clause 23 of these Regulations, the measures of state support provided in clauses 27 – 38 of these Regulations and also other privileges established in accordance with sub-clause 9.1 of clause 9 of the Decree approving these Regulations are effective in relation to:

a legal person newly created as a result of transformation of the legal person registered as the resident of the Park of High Technologies into a legal person of another kind (change of its organizational and legal form);

a legal person registered as the resident of the Park of High Technologies reorganized in the form of affiliation of another legal person or splitting off one or several legal persons from it.

40. The consent of the antimonopoly body for the reorganization of legal persons registered as residents of the Park of High Technologies, conducting transactions with shares, stakes (parts of stakes) in the statutory funds of the residents of the Park of High Technologies is not required.

 

CHAPTER 6

DEPRIVATION AND LOSS OF THE STATUS OF RESIDENT OF THE PARK OF HIGH TECHNOLOGIES

 

41. Deprivation of the status of resident of the Park of High Technologies may be carried out:

on the basis of the application of the resident of the Park of High Technologies;

in case of refusal of the resident of the Park of High Technologies to conclude the agreement with the Park Administration on the terms of the activities of the resident of the Park of High Technologies or agreement on amending (supplementing) this agreement, approved by the Supervisory Council;

in the case of non-fulfilment or improper fulfillment by the resident of the Park of High Technologies of provisions of the agreement on the terms of activities of this resident and/or norms of these Regulations;

at non-fulfillment of the conditions of the business project submitted for registration as a resident of the Park of High Technologies, and at taking the decision by the Supervisory Council on further inexpediency of implementing the business project and the activities of this resident in the Park of High Technologies.

42. In the events of reorganization of a legal person registered as the resident of the Park of High Technologies in the form of merging, affiliation, splitting-up, accession to another legal person, liquidation of the legal person (termination of activities of the individual entrepreneur), such legal person (individual entrepreneur) loses the status of the resident of the Park of High Technologies.

43. In case of violation by the resident of the Park of High Technologies of the prohibition established in clause 18 of these Regulations and/or non-observance of one or several conditions contained in indents two and three of clause 19 of these Regulations (hereinafter in this clause – violation), Supervisory Council under the submission of the Park Administration takes one of the following decisions:

on deprivation of the status of the resident of the Park of High Technologies indicating as the grounds for the decision taken an committed violation and the year in which the violation was committed;

on the loss by the resident of the Park of High Technologies the right to privileges indicating the committed violation and the year in which the violation was committed.

The notification of the decision taken indicated in indent two of part one of this clause shall be made by the Park Administration with indication of the violation committed and the year in which the violation was committed, in the order established in clause 45 of these Regulations. In the case the Supervisory Council takes a decision on the loss by the resident of the Park of High Technologies of the right to privileges the Park Administration shall notify the legal person or individual entrepreneur, as well as the inspectorate of the Ministry of Taxes and Dues at the place of putting on record of the resident of the Park of High Technologies, in writing within three days from the date of such decision with indication of the violation committed and the year in which the violation was committed.

At taking any of the decisions indicated in part one of this clause the legal person or individual entrepreneur loses the right to the privileges established in clause 27, part four of clause 28, clauses 29 – 31 (in the part of personal income tax with which the incomes of individual entrepreneurs were taxable) and also privileges established in accordance with sub-clause 9.1 of clause 9 of the Decree approving these Regulations from January 1 to December 31 of the year in which the violation has been committed and must pay for this period the taxes, dues and other compulsory payments in the budget without applying the privileges, the right for which is lost according to this clause, with application of the sanctions for non-payment or incomplete payment of the sums of taxes, dues (duties), violation of the established time period for submission of the tax declaration (calculation) to the tax body and with imposing a penalty interest according to the tax legislation.

44. The decision on deprivation of the status of the resident of the Park of High Technologies is made by the Supervisory Council and may be appealed in the court.

45. The Park Administration within three days since the day of the decision by the Supervisory Council on deprivation of the status of the resident of the Park of High Technologies, shall notify, in writing, the legalperson or individual entrepreneur about this decision and also respective bodies of state statistics, of the Fund of Social Protection of Population of the Ministry of Labour and Social Protection, the inspectorate of the Ministry on Taxes and Dues at the place of putting on record of the resident of the Park of High Technologies with indication of grounds for the decision taken and enters an appropriate record in the register of the Park Residents.

Upon loss of the status of the resident of the Park of High Technologies, the Park Administration shall enter the record about loss of the status of the resident of the Park of High Technologies in the Register of the Park Residents and, within three-day period inform in writing and respective bodies of state statistics, of the Fund of Social Protection of Population of the Ministry of Labour and Social Protection, the inspectorate of the Ministry on Taxes and Dues at the place of putting on record of the legal person or individual entrepreneur, registered earlier as the resident of the Park of High Technologies.

The deprivation (loss) of the status of the resident of the Park of High Technologies shall be a ground for termination of the contract on conditions of activity of the resident of the Park of High Technologies.

46. In case of deprivation (loss) of the status of the resident of the Park of High Technologies, the legal person or the individual entrepreneur is obliged to return to the Park Administration, within five days, the certificate of the resident of the Park of High Technologies (its duplicate).

 

CHAPTER 7

PECULIARITIES OF STAYING OF FOREIGN CITIZENS AND STATELESS PERSONS IN THE TERRITORY OF THE REPUBLIC OF BELARUS IN CONNECTION WITH THE ACTIVITY OF THE PARK OF HIGH TECHNOLOGIES

 

47. It is not necessary for the resident of the Park of High Technologies to obtain special permits for the right to be engaged in labour activity in the Republic of Belarus in respect of foreign citizens and stateless persons who do not have the permits for permanent residence in the Republic of Belarus, who have concluded a labour agreement (contract) with a resident of the Park of High Technologies.

To use labour of foreign citizens and stateless persons who do not have permits for permanent residence in the Republic of Belarus, the permission to attract foreign labour to the Republic of Belarus for the residents of the Park of High Technologies is not required.

Resident of the Park of High Technologies within 3 working days from the date of conclusion of the labour agreement (contract) with a foreign citizen or stateless person who does not have a permit for permanent residence in the Republic of Belarus, must notify the citizenship and migration subdivision of the departments, divisions of internal affairs of the city, regional executive committee (local administration) at the place of residence (staying) of this employee on the conclusion of such labour agreement (contract) with enclosing of its copy.

Permission for temporary residence for a foreign citizen and a stateless person who has concluded a labour agreement (contract) with the resident of the Park of High Technologies, is issued for the term of the concluded labour agreement (contract), including taking into account the extension of its validity, and 2 months after its termination.

The resident of the Park of High Technologies is obliged to notify the citizenship and migration subdivision specified in part three of this clause about the extension of the term of such labour agreement (contract) within 3 working days from the date of the extension of the term of the labour agreement (contract) with enclosing a copy of the relevant agreement on extension.

48. Visa-free procedure of entry to the Republic of Belarus, departure from the Republic of Belarus is established on the basis of the lists indicated in part two of this clause, for foreign citizens and stateless persons who have a valid passport or other document substituting it, and which is intended for travel abroad and issued by the relevant body of the state of nationality or the usual place of residence of the foreign citizen or the stateless person or by an international organization (further – the documents for travelling abroad):

engaged by the residents of the Park of High Technologies for carrying out labour activity on the basis of a labour agreement (contract);

being the owners of property, founders (participants) of the residents of the Park of High Technologies or employees of property owners, founders (participants) of the residents of the Park of High Technologies.

Submitting to the State Border Committee of lists of persons whose transferring across the State Border of the Republic of Belarus is allowed in a visa-free regime is carried out by the Park administration on the basis of applications of the residents of the Park of High Technologies containing information on these persons, with enclosing the copies of valid documents of such persons for travel abroad (with indicating the status of these persons in accordance with indents two and three of part one of this clause, their names, proper names, patronymics (if available), the number and series (if available) of the documents for travelling abroad, the dates of issue of such documents, the terms of their validity, the bodies that issued them).

For foreign citizens and stateless persons indicated in part one of this clause, which do not have the permits for temporary residence in the Republic of Belarus, the right to stay in the territory of the Republic of Belarus for 180 days in a calendar year is granted.

 

CHAPTER 8

SUPERVISORY COUNCIL ITS TASKS AND FUNCTIONS

 

49. The Supervisory Council is established for implementation of general coordination of functioning of the Park of High Technologies, management and control over the activity of the Park.

50. The personal composition of the Supervisory Council is approved by the President of the Republic of Belarus.

51. The primary tasks of the Supervisory Council are:

assistance in establishing and development of productions based on new and high technologies;

ensuring of interaction of the republic bodies of state administration, local executive and administrative bodies according to directions of the activity of the Park of High Technologies;

coordination of activities of the residents of the Park of High Technologies;

protection of the rights and legitimate interests of the residents of the Park of High Technologies;

facilitation to creation in the Republic of Belarus of favourable conditions for attraction of domestic and foreign investments, and to the attraction of highly-qualified specialists in the sphere of new and high technologies according to the directions of activity of the Park of High Technologies;

facilitation to increasing of export of goods (works, services), property rights by the residents of the Park of High Technologies.

52. For the purposes of implementation of its primary tasks, the Supervisory Council shall:

coordinate the proposals of the Park Administration concerning the extension of directions of activity of the Park of High Technologies;

upon representation of the Park Administration, take decisions about registration (or about refusal in registration) of legal persons and individual entrepreneurs as residents of the Park, about cancellation of the status of the resident of the Park of High Technologies, about registration of the business projects in the sphere of new and high technologies;

take decisions on carrying out by the Park Administration, in accordance with these Regulations, of the scientific and technical expert examination (examinations) of the documents and business projects submitted by the legal persons and individual entrepreneurs, including expert examinations with participation of experts (scientific and other organizations, scientists and specialists);

consider proposals of residents of the Park of High Technologies concerning their activity, and the information submitted by the supervising bodies and by the Park Administration;

invite officials of the state bodies, managers, representatives of other organizations, including representatives of the Park Administration, residents of the Park of High Technologies, other natural persons;

request and receive documents and information, necessary for its functioning, from the state bodies (officials), other organization, including residents of the Park of High Technologies;

participate in drafting of programs of development of and support to the Park of High Technologies;

coordinate the financing by the Park Administration of the arrangements to support, develop and popularize education, educational activities, implement educational programs on the directions of activity of the Park of High Technologies at the expense of the Park Administration and other sources of funding in accordance with the legislation;

carry out other functions related to the development of the Park of High Technologies.

 

CHAPTER 9

ORGANIZATION OF FUNCTIONING OF THE SUPERVISORY COUNCIL

 

53. The direction of activity of the Supervisory Council is carried out by the Chairman of the Supervisory Council (in absence of the Chairman – by his deputy).

The Chairman and the deputy chairman of the Supervisory Council are nominated by the President of the Republic of Belarus.

54. The Chairman of the Supervisory Council shall:

represent the Supervisory Council in its relations with state bodies, other organizations and natural persons;

approve the plans of functioning of the Supervisory Council;

convoke emergency meetings of the Supervisory Council, affirm the agenda of such meetings;

bear personal responsibility for implementation of functions of the Supervisory Council;

carry out other tasks and functions in accordance with decisions of the Supervisory Council made within the limits of competence of this council.

55. The Supervisory Council takes decisions on the matters within its competence, at the meetings which are held as required.

An emergency meeting of the Supervisory Council can be convoked on the initiative of the Chairman of the Supervisory Council, other its members, and also on the proposal of the President of the Republic of Belarus and the Park Administration.

56. A meeting of the Supervisory Council is presided by the Chairman of the Supervisory Council (in absence of the Chairman – by his deputy).

57. Decisions of the Supervisory Council shall be taken by a simple majority of voices from the number members of the Council present at the meeting. In the case of equal number of voices, the voice of the Chairman (in absence of the Chairman – of his deputy) is considered as decisive.

Decisions of the Supervisory Council are formalized in a protocol which is signed by the Chairman of the Supervisory Council (in absence of the Chairman – by his deputy) and are obligatory for fulfilment by the residents of the Park of High Technologies and the Park Administration.

58. Organizational and technical, informational and procedural support of functioning of the Supervisory Council is carried out by the Park Administration.

 

CHAPTER 10

PARK ADMINISTRATION

 

59. Direct management of activity of the Park of High Technologies is carried out by the Park Administration.

60. The Park Administration acts in accordance with these Regulations and other legislation on the basis of the Statute approved by the President of the Republic of Belarus.

61. The Park Administration is headed by the Director to be appointed to and released from the office by the President of the Republic of Belarus.

Powers of the Director are determined by the Statute of the Park Administration.

The director bears personal responsibility for implementation of functions of the Park Administration and shall annually submit to the President of the Republic of Belarus the report on activity of the Park of High Technologies.

62. The Park Administration, in accordance with these Regulations and its Statute, shall:

submit proposals to the Council of Ministers of the Republic of Belarus related to perfection of activity of the Park of High Technologies, including for their submission to the President of the Republic of Belarus in accordance with existing procedure;

carry out the development, coordination with the interested state bodies (organizations), as well as with the Administration of the President of the Republic of Belarus and the introduction to the Council of Ministers of the Republic of Belarus in the order established by the legislation of draft normative legal acts, other documents on the issues of the activities of the Park of High Technologies;

submit to the Supervisory Council the materials necessary for making the decisions about registration of legal persons and individual entrepreneurs as the residents of the Park of High Technologies, about deprivation them of the status of the resident of the Park of High Technologies;

on the basis of decisions of the Supervisory Council about registration of legal persons and individual entrepreneurs as the residents of the Park of High Technologies enter respective data in the Register of the Park Residents;

keep the Register of the Park Residents;

issue certificates for the legal persons and individual entrepreneurs about their registration as the residents of the Park of High Technologies;

in accordance with the orders of the Supervisory Council, carry out the scientific and technical expert examination (examinations) of the documents and business projects, including expert examinations with participation of experts (scientific and other organizations, scientists and specialists), submitted by the legal persons and individual entrepreneurs in accordance with these Regulations, perform analysis of the activity carried out by the residents of the Park of High Technologies for their compliance with the activities specified in clause 3 of these Regulations;

provide buildings, constructions, premises and other property in the territory of the Park of High Technologies in lease for the residents of the Park of High Technologies and other organizations supporting their activity, carry out the control over the intended use of the mentioned property;

provide covering the activity of the Park of High Technologies and its residents in mass media;

prepare and publish information materials within the limits of its competence;

perform other functions determined by its Statue, these Regulations and other legislation.

63. The Park Administration is entitled to obtain the information and documents necessary for implementation of functions assigned to it from the state bodies, other organizations and officials.

64. Financing of activity of the Administration of the Park shall be carried out at the expense of:

quarterly deductions made by the residents of the Park of High Technologies at the rate of one percent of the revenue (income) obtained in the previous quarter as a result of realization of the kinds of activities specified in clause 3 and the activity in accordance with indents four – six of clause 19 of these Regulations;

other incomes and revenue not prohibited by the legislation.

The rights and privileges provided in indents two and three of clause 27, parts one and three of clause 28, clauses 29, 30 of these Regulations are applied to the Park Administration and its activity.

65. Means of the Park Administration shall be used for the purposes defined in its Statute and these Regulations.

66. The Park Administration annually, in the first quarter of the calendar year, shall submit the annual report on its activity for the last calendar year to the Supervisory Council.

ДЕКРЕТ ПРЕЗИДЕНТА РЕСПУБЛИКИ БЕЛАРУСЬ 21 декабря 2017 г. № 8 О развитии цифровой экономики

ПОЛОЖЕНИЕ о Парке высоких технологий /Декрет Президента Республики Беларусь 22.09.2005 № 12 (в редакции Декрета Президента Республики Беларусь 21.12.2017 № 8)

Налог на майнинг / Е.С. Ульянова

Помочь сайту:

Добавить комментарий

CAPTCHA
Ответьте на этот вопрос, чтобы мы убедились что вы не робот
7 + 4 =
Solve this simple math problem and enter the result. E.g. for 1+3, enter 4.