Legal News 31.07.2006

Cases of compulsory selling of foreign currency are limited

President of the Republic of Belarus on July 17, 2006 signed the Edict No.452 on Compulsory Selling of Foreign Currency.

The Edict shortens sufficiently the list of the cases in which compulsory selling of foreign currency is not made. For instance:

cases of receiving profit in foreign currency transferred within 30 days from the day of its receipt according to the contracts of commission with non-residents in the course of intermediate activity realized by legal entities and individual entrepreneurs which is connected directly with the deals in the course of which the profit in foreign currency was received.

cases of credits and lends (including profits) granted to non-residents and banks of the Republic of Belarus, which are used for purchasing objects of lease or property included into permanent assets.

President of the Republic of Belarus on July 17, 2006 by the Edict No.461 approved the Regulations on the Order of Import and Export of Chemicals Stipulated by the Convention on Prohibition of Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction.

The Edict establishes that import and export of such chemicals from the territory of the Republic of Belarus (except transit) is done by Belarusian legal entities, which have special license to import (export) chemicals. State Military and Industrial Committee of the Republic of Belarus is responsible for the issue of these licenses.

Also the Edict establishes the amount of the state fee for the issue of license, procedure of bringing in changes, prolongation, and issuing license duplicate.

President of the Republic of Belarus on July 17, 2006 by the Edict No.460 approved the Regulations On the Order of Licensing Import and Export of Specific Goods (Works, Services) in the Republic of Belarus; Regulations on the Order of Registration of Obligations for Using Imported Specific Goods (Works, Services); Regulations on the Order of Organizing Control over Commitment of Obligations on the Use of Specific Imported (Exported) Goods (Works, Services) for Declared Purposes.

President of the Republic of Belarus on July 13, 2006 signed the Edict No.443 On Customs Duties. This Edict establishes an exhaustive list of customs duties in the Republic of Belarus.

Law of the Republic of Belarus of July 18, 2006 brought in changes and amendments to the Investment Code of the Republic of Belarus.

The clause about applying to the commercial organization with foreign investments created in Belarus of any new laws making its activity worse, except for the laws, which were in force from the date of its registration, is excluded.

The Law also exclude the clause which gives to the associated companies, unitary enterprises the same rights as their foreign commercial organization if such organizations have 20 000 USD in the statutory funds of the associated companies, unitary enterprises.

Law of the Republic of Belarus of July 17, 2006 No.146- brought in changes and amendments into some legal acts of the Republic of Belarus on matters of residence of foreign citizens and stateless persons in Belarus and on matters of prevention human trafficking. For instance:

changes to the Criminal code which increase the responsibility of a deportee for staying in Belarus before the term of interdiction of entrance to Belarus is expired;

changes to the Marriage Code which give to the State Bodies of the Internal Affairs the right to make a claim on nullifying marriage.

The Republic of Belarus by the Laws of July 19, 2006 No.151-3, No.152-3 and No.153-3 with some clauses acceded to three international Conventions:

Convention on the Measurement of Inland Navigation Vessels;

Convention Related to Unification of Certain Rules Concerning Collisions in Inland Navigation;

Convention on Registration of Inland Navigation Vessels.

Ministry of Internal Affairs of the Republic of Belarus on July 4, 2006 by its Decision No.183 approved new wording of the Instruction on Procedure of Recognition Refugees in the Republic of Belarus, Losses and Deprivations of the Refugee Status.

The Instruction defines the order of acceptation and registration of application of foreign citizens and stateless persons for the refugee status, state bodies responsible for revising such applications, cases of loss and deprivation of the refugee status.

The Decision entered into force on July 24, 2006.