1. Investment Agreement with the Republic of Belarus
Implementation of investment projects on the territory of the Republic of Belarus can be done by concluding an investment agreement between the investor or investors and the Republic of Belarus (hereinafter - the Investment Agreement) on such terms and conditions determined by The Law of the Republic of Belarus On Investments, this Decree and other acts of legislation (Decree of the President of the Republic of Belarus of 06.08.2009 No. 10 (as amended on 06.06.2011) "The development of additional conditions for investment activities in the Republic of Belarus").
In order to implement the Decree the "Investor" means "the investor and (or) organization, founded in the established order in the Republic of Belarus by this investor or his participation".
The mechanism of investment contracts minimize the costs of investors in the initial phase of the project to create a comfortable working environment regardless of the territory, in which the project is implemented, allows the investor to establish additional safeguards to protect their capital and also get preferential treatment and incentives for the investment project.
There are two levels of investment contract:
1. The investment agreement is concluded on the basis of the decision of the republican body of state administration, other state organizations subordinated to the Government of the Republic of Belarus, the Office of the President of the Republic of Belarus (hereinafter - the state agency), regional (Minsk City) executive committee (hereinafter - the government body), if such investment agreement is not provide the investor, additional benefits and privileges, except for in this Ordinance, other decisions of the President of the Republic of Belarus and the acts of legislation;
2. The investment agreement is concluded on the basis of the decision of the Council of Ministers in consultation with the President of the Republic of Belarus, if this contract involves the provision of investment investor, privileges and preferences, not by legislative acts, this Decree and other decisions of the President of the Republic of Belarus.
The decision of the Council of Ministers determined the order of confirmation of the use of these privileges and preferences, as well as the state agency authorized to sign an investment agreement and coordination of its implementation.
For the conclusion of investment agreements:
The business plan of the investment project and conduct a comprehensive examination of public investment projects are only required in case of providing the investor and (or) organization, created in the established order in the Republic of Belarus this investor or with his participation, additional benefits and privileges, not by legislative acts, the present Decree and other decisions of the President of the Republic of Belarus.
Projects of investment contracts are subject to mandatory legal review, legal services carried out by the relevant government bodies and executive committees, the decision on the conclusion of investment agreements, and Ministry of Justice, if the decision on the conclusion of investment treaties adopted by the Council of Ministers.
Concluded investment contracts are subject to state registration in the state register of investment agreements with the Republic of Belarus, which is determined by the conduct of the "Regulations for conducting the State register of investment agreements with the Republic of Belarus", approved by the Council of Ministers of the Republic of Belarus of 06.08.2011 No. 1058 "On Measures of the Implementation of the Decree of the president of the Republic of Belarus of June 6, 2011 No. 4".
The investment contract as mandatory conditions must be defined:
On investment attraction, investment agreements conclusion and implementation of investment projects, the investor can interact with government agencies and executive committees, the state agency "National Agency for Investment and Privatization," either by natural or legal persons authorized to represent the interests of the Republic of Belarus in attracting investments to the Republic of Belarus.
Changing the investment agreement and its termination by agreement of the parties shall be carried out in accordance with "Regulations on the conclusion, amendment and termination of investment agreements with the Republic of Belarus", approved by the Council of Ministers of the Republic of Belarus of 06.08.2011 No. 1058 "On measures on realization of Decree of the President of the Republic of Belarus of June 6, 2011 No. 4".
The investor after the investment agreement for the investment project shall be entitled to:
The investment agreement may be entered with both national and foreign investors to the country's institutions, without limitation investor.
The investor after the investment agreement for the investment project shall be entitled to:
This list, unless otherwise established by the President of the Republic of Belarus, to be agreed concluded an investment agreement or a state agency or authorized by the executive committee of the Council of Ministers on approval of his government body (organization). Procedure for approval of this list of defined "Regulations on the harmonization of the list of goods (works, services), property rights acquired (imported into the territory of the Republic of Belarus) and used for the design, construction (reconstruction), equipment facilities provided for in an investment project, implemented in accordance with an investment agreement with the Republic of Belarus", approved by the Council of Ministers of 06.08.2011 No. 1058" on measures to implement the Decree of the President of the Republic of Belarus of June 6, 2011 No. 4";
In the case of misuse of the goods imported to the provision of incentives, customs duties and value added tax are levied in accordance with law:
2. High-Tech Park
High-Tech Park (HTP) is the name of a special tax and legal regime, which aims to create favorable conditions for development in the Republic of Belarus, software, information and communication technologies to enhance national competitiveness.
Validity of a special tax and legal regime set up to 2020.
Residents of the High Technologies Park are exempted from all corporate taxes including value added tax and income tax.
Individual income tax for employees, residents of the Park has a fixed rate of 9%.
Residents of the High Technologies Park are exempt from import duties and VAT for the hardware and software and hardware systems that are required to carry out their activities.
The first resident companies were registered in the Park in June 2006. As of January 1, 2012 106 companies operates in HTP. More than half of the companies in HTP are foreign companies or joint ventures.
In 2011, six companies in HTP are included in hundreds of the world's best providers of IT services, according to one of the largest IT publication "Global Services", publishes an annual list of the leading providers of IT outsourcing and business process outsourcing.
Fifth consecutive year, the company - HTP resident on the list of the largest developers and software vendors, "Software 500", published by the influential publication of the global IT industry, Software Magazine.
According to Software 500 "EPAM Systems” leads in the Central and Eastern Europe among the world's largest companies of software developers and suppliers of IT services.
The share of exports in total production of High-Tech Park is more than 80 percent. HTP resident companies successfully compete in the high-tech markets in North America and Western Europe. Today, customers are companies of the Park from 52 countries worldwide.
Belarusian consumers of software, created by residents of the HTP, are well-known global corporations such as Microsoft, Coca-Cola, Colgate-Palmolive, Citibank, MTV, Expedia, Google, British Petroleum, Reuters, British Telecom, London Stock Exchange, the World Bank and other.
3. Free Trade Zones
There are six free economic zones (FEZ) in the Republic of Belarus: "Brest", "Vitebsk", "Gomel-Raton", "Grodnoinvest", "Minsk" and "Mogilev", providing residents with significant benefits for the organization of its own production. As of September 1, 2016 there are 419 registered residents.
3.1. FEZ "Brest"
FEZ "Brest" (operates since 1996, 78 residents).
3.2. FEZ "Vitebsk"
FEZ "Vitebsk" (operates since 1999, 38 residents).
3.3. FEZ "Gomel-Raton"
FEZ "Gomel-Raton" (operates since 1998, 78 residents).
3.4. FEZ "Grodnoinvest"
FEZ "Grodnoinvest" (operates since 2002, 73 residents).
3.5. FEZ "Minsk"
FEZ "Minsk" (operates since 1998, 113 residents).
3.6. FEZ "Mogilev"
FEZ "Mogilev" (operates since 2002, 39 residents).
4. The territory of medium-sized and small towns, rural areas
Commercial organizations/individual entrepreneurs which/who are registered since July 1, 2012 and located in medium and small towns, rural areas and carrying out activities on the production of goods (works, services) on their territory are exempted within seven calendar years since the date of state registration from:
Commercial organizations of the Republic of Belarus may not calculate and pay within seven calendar years since the date of the decision on setting up a separate division on the territory of medium-sized and small towns, rural areas:
Such commercial organizations are exempted from the obligatory sale of foreign currency received from the sale of goods (works, services) of own production, produced by the separate division from transactions with non-resident legal entities and non-resident natural persons.
Such commercial organizations and individual entrepreneurs are exempted from levied by the customs authorities payment of import customs duties and value added tax on technical equipment, components and spare parts imported into the territory of the Republic of Belarus as a contribution to the authorized capital.
Investors who are willing to conduct investment activities on the territory of medium-sized and small towns, rural areas may determine independently the terms, volumes and types of raw materials, components and materials, and the terms, volumes and types of realization of products, goods (works, services); have the ability to determine independently the suppliers or buyers of products, goods (works, services) as well as to insure their property interests in insurance companies, insurance brokers, established outside the Republic of Belarus.
Also such commercial organizations and individual entrepreneurs are exempted from compulsory exchange transactions in the "Belarusian Universal Commodity Exchange" when acquiring raw materials, components and materials for own production, and when conducting foreign trade in own-produced goods.
In addition, local budgets can finance expenditures for the construction of engineer and (or) transport infrastructure for the service of real estate, created by investors on the territory of medium-sized and small towns, rural areas.
5. Development of roadside service
Attract investment to create service infrastructure facilities on the roads of the republic attaches great importance.
The priority is to provide roadside service, combining a range of services to road users:
At the sites of the second and third levels it is possible an additional placement of hotels, tourist offices, service stations, guarded parking, washers and other objects.
In addition to general benefits, established by the Government of the Republic of Belarus for investment projects of foreign partners in the territory of the republic, it is necessary to allocate preferences regarding the construction of new roadside service at national highways. Since the Decree of the President of the Republic of Belarus of May 15, 2008 No. 270 "On measures on development of roadside service" contained the following benefits:
- Construction and reconstruction of roadside service and engineering infrastructure to them are carried out without compensation of losses of agricultural and forestry production, caused by the seizure of farmland and forest land for purposes not connected with agriculture and forestry;
- Commercial banks, authorized to serve state programs are invited to provide loans to organizations and individual entrepreneurs for building and reconstruction of roadside service and engineering infrastructure for them for up to five years at the following rates:
Roadside service facilities shall be exempt from taxation on real estate within two years from the date of their commissioning (Tax Code of the Republic of Belarus (Special Section), December 29, 2009 No. 71-3, Article 186 Paragraph 1.16.)
- From the profits tax exempt profits earned from the sale of goods (works, services) on the objects of roadside service - within five years from the date of commissioning of these facilities. The objects of roadside service are located on the roadside of national highway capital structures (buildings) and intended to service road on the route (motels, hotels, campgrounds, service stations, the objects of trade and public catering, cleaning) (Tax Code of the Republic of Belarus (Special Section), December 29, 2009 No. 71-3, Article 140 Paragraph 1.12.)
Exempt from income tax on individuals income taxpayers - individual entrepreneurs received from the sale of goods (works, services) in the objects of roadside service for five years from the date of commissioning of such objects (Tax Code of the Republic of Belarus (Special Section), December 29, 2009 No. 71-3, Article 163 Paragraph 1.47.).
For investors, favorable conditions are created in terms of possible use of existing rest areas as driveways and parking facilities near the planned service items. The location of such item is on the lands adjacent to the areas and allocated by the local executive committees on the rights of long-term lease.
On the official websites of the regional executive committees and the State Property Committee formed and continually updated lists of pre-identified land for the placement of roadside service.
The owners of highways set billboards "There can be constructed your object of roadside service" in order to inform road users of the proposed locations for the placement of roadside service objects.
Comprehensive information, including regulatory, for roadside service is available on the official website of the Department "Belavtodor". We present typical construction projects service facilities. Given contact details and email addresses of owners of national highways, regional executive committees, the State Property Committee. The website contains general scheme of development of roadside service until 2015 with visual maps of existing and proposed for construction services.