Opening of representations of foreign organizations

  

Registered in the National register of Legal Acts

of the Republic of Belarus on August 21, 2001, No. 5/7253
 
 

REGULATION OF THE COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

June 22, 1997, No. 929

 

ON PROCEDURES OF OPENING AND OPERATING OF REPRESENTATIVE OFFICES OF FOREIGN ORGANIZATIONS IN THE REPUBLIC OF BELARUS

(the title as amended in the Regulation of the Council of Ministers of March 12, 2001 No. 325)

 

(as amended in the Regulations of the Council of Ministers of May 25, 1998 No. 817, of June 11, 1999 No. 882, of March 12, 2001 No. 325, of July 23, 2001 No. 1086, of February 28, 2002 No. 288, of September 29, 2003 No. 1235, of May 22, 2004 No. 599)

 

The Council of Ministers of the Republic of Belarus has provided the following:

1. To approve the attached Resolution on Procedure of Opening and Operating of Representative Offices of Foreign Organizations in the Republic of Belarus.

(clause 1 as amended in the Regulation of the Council of Ministers of March 12, 2001 No. 325)

2. To establish the following:

2.1. in the Republic of Belarus the registration fee is paid (if the other is not provided by international treaties of the Republic of Belarus):

by foreign organizations:

(paragraph 2 of subclause 2.1 as amended in the Regulation of the Council of Ministers of March 12, 2001 No. 325)

for issuance of a permit to open a representative office in the amount of 2 thousand US dollars;

for issuance of a permit to prolong the term of operating of the representative office in the amount of 1 thousand US dollars;

by legal entities – residents of the CIS countries:

for issuance of a permit to open a representative office in the amount of 1 thousand US dollars;

for issuance of a permit to prolong the term of operating of the representative office in the amount of 500 US dollars;

2.2. issuance of permits for opening and prolonging of the terms of operating of the representative offices of not-for-profit foreign organizations as well as representative offices of foreign organizations that perform only charitable activities on the territory of the Republic of Belarus is carried out without paying a registration fee.

(subclause 2.2 as amended in the Regulation of the Council of Ministers of March 12, 2001 No. 325)

2.3. legal entities of the countries participants of the Treaty on Cooperation in the field of Investment Activity signed in Ashkhabad on December 24, 1993 as to perform their activities in the Republic of Belarus shall be obliged to register on the territory of the Republic of Belarus either an enterprise with the rights of a legal entity at the executive committee at the location of such an enterprise, or a representative office by accreditation in the Ministry of Foreign Affairs; (paragraph 1 of subclause 2.3 as amended in the Regulation of the Council of Ministers of June 11, 1999 No. 882)

branches of legal entities of the countries-participants of the indicated Treaty that prior to issuance of the present Regulation acquired at executive committees permits for their location on the territory of the Republic of Belarus without registration on its territory an enterprise with the rights of a legal entity or without accreditation of a representative office of a foreign legal entity in the Ministry of Foreign Affairs, shall till August 1, 1998 pass a registration in the executive committee at the location as an enterprise with the rights of a legal entity of the Republic of Belarus or in the Ministry of Foreign Economic Relations as a representative office;  

(paragraph 2 of subclause 2.3 as amended in the Regulation of the Council of Ministers of June 11, 1999 No. 882)

activity of legal entities of the countries participating in the Treaty in other legal organizational forms on the territory of the Republic of Belarus shall be prohibited. 

(subclause 2.3 is introduced by the Regulation of the Council of Ministers of May 25, 1998 No. 817)

3. To consider the Regulation of the Council of Ministers of the BSSR of June 21, 1991 No. 242 “On Approval of the Resolution on Procedure of Opening and Operating Representative Offices of Foreign Companies and Organizations, their Branches (Subsidiaries) in Belarusian SSR” invalid (CR of BSSR, 1991, No. 18, article 217).

 

The First Deputy Prime-Minister

of the Republic of Belarus

P.Prokopovich

APPROVED
The Regulation

of the Council of Ministers

of the Republic of Belarus

July 22, 1997 No. 929

 
The RESOLUTION

on OPENING AND OPERATING OF REPRESENTATIVE OFFICES OF FOREIGN ORGANIZATIONS IN THE REPUBLIC OF BELARUS

 

(as amended in the Regulations of the Council of Ministers of March 12, 2001 No. 325, of July 23, 2001 No. 1086, of February 28, 2002 No. 288, of September 29, 2003 No. 1235, of May 22, 2004 No. 599)

 

1. Foreign organizations (further – organizations if other is not established by the present Resolution) shall open their representative offices on the territory of the Republic of Belarus with the permit from the Ministry of Foreign Affairs.

Permits for opening may be issued on the basis of international treaties concluded by the Republic of Belarus and foreign countries.

Accreditation of the representative offices of regions, territories, other administrative units, institutions and agencies of foreign countries that are interested in representing of their interests on the territory of the Republic of Belarus is carried out by the Ministry of Foreign Affairs.

2. A representative office of an organization is a separate unit located on the territory of the Republic of Belarus, advocating and representing interests of the organizations and performing other functions that are not in conflict with counter to legislation

(part 1 of clause 2 as amended in the Regulation of the Council of Ministers of July 23, 2001 No. 1086)

A representative office of an organization shall not be a legal entity.

Representative offices of the organizations the activity of which are regulated by the present Resolution, shall be entitled to run entrepreneur activity on the territory of the Republic of Belarus only on behalf and under instructions of the organization represented.

Activities that require obtaining of a special permit (license) may be performed by a representative office only on the basis of such a special permit (license) acquired by the organization in the order prescribed by the legislation

3. Representative offices of the organizations may be opened as to perform their activities on behalf of and under instructions of the organizations represented by them, the name of which is indicated in a permit for opening a representative office, including for the following purposes:

3.1. for a representative office of a commercial institution:

for effective assistance to implementation of international treaties of the Republic of Belarus on cooperation in the field of trade, economy, finance, science and technology, transport, search of possibilities for their further development, improvement of the forms of such cooperation, establishing and expanding volumes of economic, commercial, scientific and technical information;

for study of commodity markets of the Republic of Belarus;

for study of possibilities for investment activity in the Republic of Belarus;
for establishing foreign and joint enterprises;

for assistance to the development of trade and economic relations between countries;

for representing and advocacy of the interests of a commercial organization;  

for booking tickets and seat reservation in companies of air, railway, automobile and sea transportation;

for performance of activity with other, including those valuable for community, purposes that are not prohibited for such representative offices by the legislation of the Republic of Belarus;

3.2. for a representative office of a not-for-profit organization:

for social support and protection of citizens including improvement of material standing of people with low income, social rehabilitation of the unemployed, people with special needs and other people that in virtue of their physical and intellectual peculiarities as well as other circumstances are not able to exercise their rights and legal interests independently;

for preparing the population to overcome consequences of natural disasters, ecological, industrial or any other catastrophes, and to prevent accidents;

for rendering help to people that suffered from natural disasters, ecological, industrial and other catastrophes, social, ethnic, religious conflicts, to victims of repressions, refugees and forced migrants;

for assistance to strengthening of peace, friendship and consent between nations, to prevention of social, ethnic and religious conflicts;

for assistance to strengthening of family image in public;
for assistance to motherhood, childhood and fatherhood protection;

for assistance to activities in the field of education, science, culture, art, enlightment, spiritual development of an individual

for assistance to activities in the field of prevention and protection of health care of citizens as well as of propaganda of a healthy way of life, improvement of moral and psychological state of citizens;

for assistance to activities in the field of physical training and mass sports;

for environmental protection and wildlife protection;

for protection and due maintenance of buildings, other objects and territories that have historical, cultural, cultic and environmental importance as well as burial places;

for other valuable for community purposes.

As to perform ad-campaigns, to study work experience of educational institutions of the Republic of Belarus, to assist to concluding agreements on cooperation between educational institutions, to assist to exchange of experience and information in the field of education and science, representative offices of educational institutions can be opened.

(part 2 of clause 3 is introduced by the Regulation of the Council of Ministers of May 22, 2004 No. 599)

Issuance of a permit for opening of a representative office with other valuable for community purposes is carried out by the Ministry of Foreign Affairs upon agreement with the interested state bodies.

4. Activity of a representative office of a not-for-profit as well as a commercial institution with purposes prescribed in subclause 3.2 of clause 3 of the present Resolution is carried out on the basis of programs and projects that correspond to activity priorities of the organization, approved by its higher management body.  

A program or project of a representative office of an organization is a set of events directed at fulfillment of concrete tasks that correspond to the goals of opening of a representative office and prescribing terms and sources for their implementation.

Within the framework of implementation of programs and projects by representative offices of organizations financial, material and other sources (grants) may be issued on a competitive basis to public associations (organizations) and citizens.

The issue of grants out of the framework of implemented programs and projects of a representative office shall be prohibited

5. To obtaina permit for opening arepresentative office the organization shall submit the following documents to the Ministry of Foreign Affairs:
5.1. an application, in which the following shall be indicated:
a goal (goals) of opening a representative office;
a full name of the organization;
the date of organization establishment;
the location of the main office;
a description of organization activities;

data about the people authorized to run business on behalf of the organization in the Republic of Belarus;

5.2. copies of statutory documents of the organization legalized in the prescribed order;

5.3. a copy of the document confirming the state registration of the organization in the authorized body in the country of an applicant (excerpt from trade register, certificate on registration of the organization, etc.) legalized in the prescribed order;

5.4. a letter of attorney for a manager of a representative office, legalized in the prescribed order;

5.5. a reference supplied by a bank that provides services to the organization;

5.6. a copy of a special permit of the state bodies of the country, where the organization is located, if it is required by the legislation of the country of an applicant;

5.7. a statement about a representative office, in which the goal (goals) of opening a representative office in the Republic of Belarus, its address, organizational structure, competence of a manager of a representative office and the procedure of closing a representative office shall be indicated;

5.8. a legalized in the prescribed order letter of attorney for a person, authorized to perform actions connected with opening of a representative office.

6. The documents indicated in subclauses 5.2-5.6 of clause 5 of the present Resolution shall be submitted in one of the official languages of the Republic of Belarus. Translation of the documents shall be certified in the prescribed order by a notary public or diplomatic or consular institutions of the Republic of Belarus abroad.  

7. Accreditation of representative offices of regions, territories and other administrative units, institutions and agencies of foreign states can be carried out on the basis of international treaties without submitting a generic set of documents prescribed by subclauses 5.1-5.6 of clause 5 of the present Resolution.

8. A commercial organization prior to obtaining a permit for opening and prolongation of activity of its representative office in the Republic of Belarus shall pay a fixed charge to the Ministry of Foreign Affairs if other is not prescribed by international treaties of the Republic of Belarus and the present Resolution.

By obtaining a permit for opening or prolongation of the terms of activity of a representative office the document confirming the payment of a fixed charge shall be submitted, if other is not provided in international treaties of the Republic of Belarus and the present Resolution.

9. Representative offices of organizations are opened for the period up to three years with the possibility to the following prolongation of the activity for the same period under the condition that the Ministry of Foreign Affairs is applied to not later than one month till expiry date of a permit for opening a representative office. The Ministry of Foreign Affairs shall have the right to take a decision about prolongation of the term of accreditation of a representative office if there is a well-founded application from the organization during three months from the date of expiration of validity terms of a permit for opening a representative office.

The term of accreditation of representative offices of regions, territories, other administrative units, institutions and organizations of the foreign countries that are opened on the basis of international treaties of the Republic of Belarus shall not be limited.

10. A representative office shall be considered established on the territory of the Republic of Belarus from the moment of obtaining a permit for its opening in the Ministry of Foreign Affairs with indication therein of the following information:

(paragraph 1 of clause 10 as amended in the Regulation of the Council of Ministers of July 23, 2001 No. 1086)

the name of the organization;
the goal of opening a representative office;

conditions under which the organization is allowed to open a representative office;

date of issue and number;
term of permit validity;
the number of foreign citizens – employees of the representative office.

11. A representative office of an organization shall be entitled to perform its activity directed at achievement of the goals due to which it is opened from the moment of obtaining a permit for opening a representative office.

(part 1 of clause 11 as amended in the Regulation of the Council of Ministers of July 23, 2001 No. 1086)

Activity of foreign organizations on the territory of the Republic of Belarus without opening a representative office shall be prohibited. A permit for opening a representative office serves as a ground for the following:

11.1. application:

to diplomatic representations and consular institutions of the Republic of Belarus abroad for getting a visa for arrival in the Republic of Belarus of foreign citizens – employees of a representative office, members of their families and officers of the organizations that have their representative offices on the territory of the Republic of Belarus if a visa support of the Ministry of Foreign Affairs is available;

to authorized bodies of the Republic of Belarus for getting a permit for employment of foreign employees of a representative office for the period of its functioning;

to an authorized body of the Republic of Belarus for registration of passports and getting visas by foreign employees of a representative office and members of their families;

to an authorized body of the Ministry of Internal Affairs for obtaining a permit to produce a seal of a representative office;

11.2. opening accounts in banks of he Republic of Belarus;

11.3. registration and obtaining in the bodies of the State Traffic Inspection of the Ministry of Internal Affairs of the number plates for vehicles that are at disposal of a representative office;

11.4. customs clearance of imported goods that are necessary for a representative office functioning;

11.5. registration at a taxation body.

(subclause 11.5 as amended in the Regulation of the Council of Ministers of September 29, 2003 No. 1235)

12. A permit for opening a representative office may be denied in case if

necessary documents are not submitted;
data indicated are incorrect;
activity of the organization contradicts to the legislation of the Republic of Belarus.

13. The permit becomes void if the organization has not used the right to open a representative office during six months from the date of the record in the Register of opened representative offices on the territory of the Republic of Belarus

14. The decision of the Ministry of Foreign Affairs about denial in a permit for opening a representative office as well as the decision about cessation of activities of a representative office may be challenged in a judicial procedure.

15. The organization:

authorizes a representative to perform necessary actions that are connected with opening a representative office on the territory of the Republic of Belarus;

pays a fixed charge for opening a representative office till the moment of obtaining a permit for opening a representative office, if other is not prescribed by international treaties of the Republic of Belarus and the present Resolution;

(paragraph 3 of clause 15 as amended in the Regulation of the Council of Ministers of July 23, 2001 No. 1086)

draws up and approves a statement about a representative office regulating the activity of a representative office on the territory of the Republic of Belarus;

no later than a month prior to expiry of the validity term of a permit for opening a representative office informs in writing the Ministry of Foreign Affairs about the desire prolong terms of activity of a representative office on the territory of the Republic of Belarus;

prior to expiration of the term for which a permit is issued, pays a fixed charge for prolongation of the terms of activity of a representative office, if other is not prescribed by international treaties of the Republic of Belarus and the present Resolution;

in case of taking a decision about closure of a representative office informs in writing the Ministry of Foreign Affairs about the decision taken;

authorizes a representative to perform necessary actions connected with closing a representative office.

16. A representative office during the period established by the legislation of the Republic of Belarus shall register as a tax-payer at taxation as well as other bodies of the Republic of Belarus in compliance with the procedure in effect.  

A representative office is guided by regulatory acts of the Republic of Belarus in the field of accounting and reporting, pays taxes, duties and other compulsory payments in compliance with the legislation of the Republic of Belarus.

17. The Ministry of Foreign Affairs:

takes a decision about the issue or denial in the issue of a permit for opening a representative office within one month;

monthly informs in writing the Ministry of Taxation about opened representative offices of organizations as well as about those that terminated their activity;

(paragraph 3 of clause 17 as amended in the Regulation of the Council of Ministers of February 28, 2002 No. 288)

maintains centralized records of the representative offices opened in the Republic of Belarus;

issues for publication in mass media lists of opened representative offices in the Republic of Belarus and those that terminated their activity;

in case of taking a decision about closure of a representative office, informs in writing the organization or any other body that opened a representation about the decision taken;

if required requests additional information from republican bodies of state administration as well as from diplomatic legations about the activity of an organization;

conducts supervision over the compliance of activity of a representative office with the requirements of the present Resolution;

issues a written warning in case of detection of facts about violation by a representative office of an organization of the requirements of the present Resolution.

18. A head of a representative office:

acts on the basis of a legalized in the prescribed order letter of attorney;

informs within the terms determined by the legislation of the Republic of Belarus, interested state bodies about the location of a representative office with indication of a mailing address, telephone numbers, a fax number and supplies a staff schedule;

informs in due time the Ministry of Foreign Affairs about changes that occur in activity of a representative office;

once in half a year (from the 1st till the 10th of July and from the 1st till the 10th of January) submits a written report on activity of a representative office to the Ministry of Foreign Affairs.

A head of a representative office of an educational institution shall additionally indicate in the report submitted to the Ministry of Foreign Affairs the data about the number of agreements with physical entities on education, concluded with a representative office participation, about the number of employees in a representative office, including those working by time, about the list of services rendered including those for fees. These data shall also be submitted to the Ministry of Education in terms, prescribed by the present Resolution.

(part 2 of clause 18 is introduced by the Regulation of the Council of Ministers of May 22, 2004 No. 599)

The data included in a report on activity of a representative office of an organization shall comprise the data about the location of a representative office, its employees, programs and projects being implemented, terms and sources for their implementation, size of grants issued to public associations and individuals and data about them, as well as any other data prescribed by the Ministry of Foreign Affairs under agreement with the interested state bodies. 

19. Representative offices are obliged to open accounts at authorized banks of the receiving state.

20. Legal and physical entities of the Republic of Belarus, activities of which regarding foreign legal entities are regulated by subclause “b”, clause 3, article 7 of the Law of the Republic of Belarus “On Taxes on Incomes and Profit”, shall be registered by way of putting in a register at taxation bodies at the place of location of a permanent representative office of an organization. By that the accreditation in the Ministry of Foreign Affairs is not required.

21. Accreditation of employees of a representative office of an organization from the number of foreign citizens is carried out by the Ministry of Foreign Affairs within limits on number of employees indicated in a permit for opening a representative office.

Accreditation of the head of a representative office of an organization is carried out on the basis of a letter of attorney issued by the organization and legalized in a prescribed order.

The accredited employees of representative offices of organizations shall be issued a corporate card of a standard pattern.

A corporate card is given to an authorized body in case of cessation of activity of its owner in a representative office.

22. Employment of citizens of the Republic of Belarus in representative offices of organizations shall be carried out on the basis of employment agreements (contracts) in compliance with the legislation of the Republic of Belarus.

23. State bodies after the detection of violations of the legislation of the Republic of Belarus by representative offices of foreign organizations shall send to the Ministry of Foreign Affairs the correspondent information within a month after their detection.

For violations by representative offices of organizations of the requirements of the present Resolution the Ministry of Foreign Affairs may issue a warning in writing about elimination of violations done. A written warning is issued or sent to the head of a representative office no later than three days after its appearance.

(clause 23 as amended in the Regulation of he Council of Ministers of May 22, 2004 No. 599)

24. Activity of a representative office of an organization shall be terminated:

in case of liquidation of the organization;

in case of termination of validity of a concluded international treaty, on the basis of which a representative office is opened, if it is provided in the treaty;

under the decision of the organization that opened a representative office;

under the court decision in case of violation of the legislation of the Republic of Belarus;

under the decision of the Ministry of Foreign Affairs in case of violation by a representative office of he activity procedure prescribed by the present Resolution.

25. In case of a closure of a representative office the organization that opened it submits the following to the Ministry of Foreign Affairs:

a application for closing a representative office;
a bank reference about closure of a current account;

a reference from a state tax inspection bout settlements with the budget;

a receipt of the bodies of internal affairs about elimination of seals;
an original permit for opening a representative office;
corporate cards.
 
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