The procedure for concluding an investment agreement
The procedure for concluding an investment agreement within the framework of the Decree of the President of the Republic of Belarus dated 06.08.2009 No. 10
The implementation of an investment project on the territory of the Republic of Belarus allows to get benefits and preferences of investment agreement and additional guarantees of the protection of the capital.
The implementation of an investment project on the territory of the Republic of Belarus is directly related to the preparation and submission of documents to the authorized state body in order to conclude an investment agreement.
The procedure for concluding an investment agreement conventionally distinguishes three main stages:
- Preparation of documents by the investor for the conclusion of an investment agreement.
- Submission of documents to the authorized state body.
An investor (investors) applying for the conclusion of an investment agreement, or another person authorized by him in the prescribed manner, applies with an application and attached documents:
to a state body in case of implementation of the investment project in the relevant sphere of the economy;
to the executive committee in case of implementation of the investment project on the territory of the administrative-territorial unit of the corresponding region (Gomel regional executive committee).
- Consideration of documents by the authorized state body and decision-making on the issue of concluding an investment agreement.
After the adoption of the documents, the state body, the executive committee considers the application, including the coordination with the services of the executive committee, as well as with state bodies in the competence of which are issues related to the implementation of the investment agreement. If necessary, the executive committee requests additional information from the investor and makes changes which are necessary to conclude an investment agreement.
Consideration of the application of the investor (investors) to conclude an investment agreement and the adoption of a decision on it are carried out by the state body, the executive committee within 30 days from the date of receipt of such an application.
If it is necessary to amend the draft investment agreement and (or) obtain the conclusion of the state comprehensive examination of the investment project carried out by the Ministry of Economy, the period for considering the application of the investor (investors) to conclude an investment agreement may be increased, but not more than by 30 days. The investor (investors) shall be notified of the extension of the term for consideration of the application before the expiration of 30 days from the date of receipt of the application by the state body, the executive committee.
The issue of concluding an investment agreement is subject to mandatory consideration at a meeting of the collegium (council) of a state body, a meeting of the executive committee, based on the results of which a decision is made:
on the conclusion of an investment agreement;
on submission to the Government of the Republic of Belarus of a draft resolution of the Council of Ministers of the Republic of Belarus on the conclusion of an investment agreement;
on refusal to conclude an investment agreement
A copy of the investment agreement is sent to the Ministry of Economy for its registration in the State Register of Investment Agreements with the Republic of Belarus.
The signed and registered investment agreement is going personally to the investor within one day from the moment the investment agreement is returned from the Ministry of Economy or delivering to the address indicated in the investor's application.