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Decree of
the President of the Republic of Belarus’ No.8. Regarding
certain measures aimed at improving the arrangement of
receiving and using foreign gratuitous aid.
In order to improve the
arrangement of receiving and using by persons and
organisations of the Republic of Belarus’ of gratuitous aid
supplied by foreign governments, international organisations,
foreign organisations and persons, as well as by persons
without determined nationality and anonymous donors, and in
accordance with part 3 of article 101 of the Constitution of
the Republic of Belarus’, I decree
1. To establish, that
1.1. foreign gratuitous aid
constitutes money, including money in foreign currency, and
goods (property), which are given free of charge by foreign
governments, international organisations, foreign
organisations and persons, as well as by persons without
determined nationality and anonymous donors, for the purpose
of using, owning and disposing of by persons and organisations
of the Republic of Belarus’ (subsequently – recipients)
The effectiveness of the
present Decree
: does not affect technical
help and other forms of foreign gratuitous help offered
through the projects and programmes approved by the President
or the Government of the Republic of Belarus’ and in
accordance with the international agreements signed by the
Republic of Belarus’;
does not affect the rights
of foreign citizens, who, according to the norms of
international agreements entered into by the Republic of
Belarus’, are entitled to the same rights as Belorussian
citizens in the area of civilian relations;
1.2. foreign gratuitous aid
is registered at the Department of Humanitarian Affairs under
the President of the Republic of Belarus’ at the request of
aid recipients.
Minimal amounts of money,
costs of goods (property) and forms of foreign gratuitous aid
not required to be registered are determined by the Department
of Humanitarian Affairs under the President of the Republic of
Belarus’ taking into account the character and purpose of
the aid.
The document which affirms
the registration of foreign gratuitous aid is a certificate
issued by the Department of Humanitarian Affairs under the
President of the Republic of Belarus’
The use of foreign
gratuitous aid prior to the receipt of the certificate is
forbidden.
The procedure for
registering foreign gratuitous aid is determined by the
Department of Humanitarian Affairs under the President of the
Republic of Belarus`.
2. Foreign gratuitous aid
received in the form of money, including in foreign currency,
must be deposited into accounts at any bank of the Republic of
Belarus’ in the course of 5 working days from the date the
money was received or brought into the territory of the
Republic of Belarus’.
Cash, including in foreign
currency, brought into the territory of the Republic of
Belarus’, if it is to be used as a form of foreign
gratuitous aid, with the exception of coming from the
participant countries of the Customs Union, must be declared
at the Customs in written form by the persons transporting the
indicated moneys through the borders of the Republic of
Belarus’.
3. Tax concessions and
customs duties benefits for the recipients of foreign
gratuitous aid are granted by the President of the Republic of
Belarus’ upon the presentation of the Department of
Humanitarian Affairs under the President of the Republic of
Belarus` of the written statements of the recipients.
4. Foreign gratuitous aid is
used for the purposes of
: eliminating the
consequences of natural and human-caused disasters;
carrying out scientific
research, technical elaboration, training, as well as
implementing research-and-development programmes;
assisting in the protection,
restoration and creation of historical-cultural values, and in
the development of nature protecting reserves;
rendering medical assistance;
rendering social assistance
to the insufficiently provided for and socially unprotected
citizens;
other aims, determined by
the Department of Humanitarian Affairs under the President of
the Republic of Belarus` in agreement with the President of
the Republic of Belarus`.
Foreign gratuitous aid
cannot be used to towards the realisation of changes in the
constitutional system of the Republic of Belarus’, seizure
or overthrow of state power, as well as towards inciting
behaviour aimed at such actions, propagating war or violence
towards political ends, igniting of social, national,
religious or racial hatred, as well as other actions forbidden
by the legislation.
Foreign gratuitous aid in
any form cannot be used towards the preparation and carrying
out of elections, referenda; summoning a Deputy, a member of
Republic Council; for carrying out public meetings, rallies,
street processions, demonstrations, pickets, strikes,
designing and disseminating campaigning materials, as well as
running seminars and other forms of mass campaigning among the
population.
State control over the
appropriate (designated) use of foreign gratuitous aid by its
recipients is carried out by the Committee of State Control (KGK),
Ministry of Internal Affairs (MVD), State Tax Committee (GNK),
State Customs Committee (GTK), State Committee for Financial
Investigations (GKFR) and their territorial bodies, as well as
by the Department of Humanitarian Affairs under the President
of the Republic of Belarus` and other state bodies in
accordance with the legislation.
5. To establish that
: 5.1. in case the
recipients violate the requirements stipulated by parts one
– three of article 4 of the present Decree, they will have
to pay taxes, levies, fees and deductions in accordance with
the legislation.
Those recipient
organisations using foreign gratuitous aid (fully or in part)
in disagreement with the designation will be fined up to 100
percent of the cost of the received foreign gratuitous aid or
their goods (property) may be confiscated. The amount of the
fine and the amount of money received from the sale of
confiscated goods will be added to the Republic’s budget.
Violation of requirements
stipulated in parts one – three of article 4 of the present
Decree by the trade unions and other public associations,
funds other non-profit organisations, as well as the receipt
of foreign gratuitous aid by political parties and their
organisational structures can result in the elimination (termination
of activities) of such recipients in accordance with the
established order, including for a single incident of such
violations.
Provision of foreign
gratuitous aid by representative bodies of foreign
organisations and international non-governmental organisations
on the territory of the Republic of Belarus’ for the
purposes prohibited by parts two and three of article 4 of the
present Decree can result in the termination of activities of
the specified representative bodies in accordance with the
established order.
Foreign citizens and persons
without determined nationality who provided foreign gratuitous
aid for the purposes prohibited by parts two and three of
article 4 of the present Decree may be deported outside the
territory of the Republic of Belarus’ in accordance with the
established order.
Those found responsible for
infringements indicated in parts 2 and 3 of the present
sub-article will be brought to account in court according to
the legislation;
5.2. the use of foreign
gratuitous aid by recipients prior to receiving the
certificate entails a fine ranging from 50 to 200 minimal
wages for heads of organisations, and from 50 to 100 minimal
wages for individuals;
5.3. undesignated use of
received foreign gratuitous aid, as well as its use for the
purposes forbidden by parts two and three of article 4 of the
present Decree entails a fine ranging from 100 to 300 minimal
wages for heads of organisations, and from 20 to 200 minimal
wages for individuals, with the confiscation of received
foreign gratuitous aid;
5.4 failure to deposit the
foreign gratuitous aid received in the form of cash, including
in foreign currency, into accounts at Banks of the Republic of
Belarus’ in the course of 5 working days from the date the
money was received or brought into the territory of the
Republic of Belarus’ entails a fine ranging from 100 to 300
minimal wages for heads of organisations, and from 20 to 200
minimal wages for individuals;
5.5 the right to compile
protocols about administrative offences stipulated by
sub-articles 5.2 and 5.3 of the present article is granted to
the authorised personnel from the Committee of State Control (KGK),
Ministry of Internal Affairs (MVD), State Tax Committee (GNK),
State Customs Committee (GTK), State Committee for Financial
Investigations (GKFR) and their territorial bodies, as well as
by the Department of Humanitarian Affairs under the President
of the Republic of Belarus`; the right to compile protocols
about administrative offences stipulated by sub-article 5.4 of
the present article is granted to the authorised personnel
from the Ministry of Internal Affairs (MVD), State Committee
for Financial Investigations (GKFR) and their territorial
bodies. Cases concerning the specified offences will be
handled in court.
6. The Council of Ministers
of the Republic of Belarus’ shall undertake all necessary
measures to bring the legislation in accord with the present
Decree.
7. The present Decree is
effective in one month following its official publication, is
temporary and, in accordance with part 3 of Article 101 of the
Constitution of the Republic of Belarus’, is offered for
consideration to the National Assembly of the Republic of
Belarus’.
President of the Republic of
Belarus’ A. LUKASHENKO.
12 March 2001
Minsk
Commentary
The Decree of the President
is issued with the aim of improving the order of receiving and
using of foreign gratuitous aid offered by foreign governments,
international organisations, foreign organisations and persons,
as well as persons without determined nationality and
anonymous donors to persons and organisations of the Republic
of Belarus’.
In order to create effective
mechanisms of control over the receipt and use of foreign
gratuitous aid, the decree in particular anticipates the
registration of the received foreign gratuitous aid at the
Department of Humanitarian Affairs under the President,
deposit of the received money into accounts at banks of the
Republic of Belarus’, obligatory customs declaration of
money brought into the Republic for the purposes of foreign
gratuitous aid, with the exception of money brought from the
participant-countries of the Customs Union, use of foreign
gratuitous aid only for designated purposes (for the purpose
of eliminating the consequences of natural and human-caused
disasters, carrying out scientific research, assisting in the
protection of historical-cultural values, rendering medical
assistance, rendering social assistance to the insufficiently
provided for and socially unprotected citizens, and other aims).
The Decree establishes that
undesignated use of foreign gratuitous aid by the recipient
persons and organisations of the Republic of Belarus’
entails economic and administrative sanctions with the
confiscation of such aid. Even a single violation can bring
about the elimination of a public association, fund or other
non-profit organisations.
The Decree establishes, in
addition, the responsibility borne by the representatives of
foreign organisations, international non-governmental
organisations on the territory of the Republic of Belarus’,
foreign citizens and persons without determined nationality
for the provision of foreign gratuitous aid aimed at changing
the constitutional system, igniting of social, national or
racial hatred, violating electoral laws, carrying out strikes,
rallies, mass campaigning among the population and other forms
of campaigning. For such infringements the activity of the
indicated representative bodies on the territory of the
Republic may be stopped, while foreign citizens and persons
without determined nationality may be deported outside the
territory of the Republic of Belarus’.
The Decree is prepared taking into account
the experience of the Russian Federation, Ukraine and other
countries whose persons and organisations receive and use
foreign gratuitous aid.
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