3.1.2. Algorithm for concluding an investment agreement with the Republic of Belarus when an investor claims a land plot
Procedure for submitting documents
Documents are submitted to the state agency / executive committee indicated in the list of plots intended for investment projects
I. List of documents
1. A statement in which information is indicated:
- about the location and area of the land plot included in the list of plots for the implementation of investment projects;
- about the available experience (if any) in the implementation of investment projects
2. Draft investment agreemen signed by the investor (investors) and its electronic copy
3. A copy of the certificate of state registration of the investor (investors) - for residents of the Republic of Belarus, an extract from the trade register of the country of location of the investor (investors) - for non-residents of the Republic of Belarus, a copy of the identity document of the investor - for individuals
4. Copies of documents confirming the intentions of the investor (investors) to conclude an investment agreement, as well as documents confirming the authority of the person (s) who signed the draft investment agreement to sign it
5. Copies of constituent documents of investor (investors)
6. Copies of the audit report, or the conclusion of the financial Due Diligence, or the audit report of the international standard ISA 700. Provided for 2 years preceding the date of application, or for the entire period of the investor, if it is less than two years. The documents must contain: an assessment of the financial condition of the investor, his ability to make the declared investments, a bank statement on the balance of funds in the bank account, letters from banks confirming the intentions of the lenders to provide funds for the implementation of the investment project in the form of loans, loans, loans with indicative amounts and terms of their provision
7. The financial and economic justification of the investment project. The financial and economic justification of the investment project. The document should contain information about the investment object, the duration of the investment project and the expected socio-economic effect, etc. Compiled in accordance with the standard form approved by the Ministry of Economy
Copies of documents are certified by the applicant in accordance with the established procedure without notarization.
Documents drawn up in a foreign language must be translated into Russian / Belarusian, the accuracy of the translation and the authenticity of the signature of the translator is notarized.
Documents issued in the territory of another state must be legalized, unless otherwise provided by international treaties of the Republic of Belarus.
When concluding an investment agreement by two or more investors, an application may be submitted by one of them. In this case, the documents referred to in paragraphs 3 - 6, 9 are submitted in relation to each investor
II. Terms of consideration of the application
60 calendar days from the date of registration of the application.
Of these, 30 calendar days other applications are accumulated for the same land plot; if such applications are received, the state agency / executive committee holds a competition
The term for consideration of an application may be extended once by no more than 30 calendar days with a notification to the investor
III. Procedure for reviewing the application
State agency / executive committee:
- entrusts its legal service with a mandatory legal review of the draft investment contract;
- entrusts the consideration of the draft investment contract to its structural divisions;
- approves the draft investment agreement with state authorities, if required (term - 10 business days from the date of receipt of the request);
- interacts with other state bodies / executive committees in order to obtain the necessary information (term - 10 working days from the date of receipt of the request)
IV. Results of the application review
The state agency / executive committee makes a decision on the conclusion or on the inappropriateness of concluding an investment agreement
The investor is sent (personally handed) a notice of the decision
V. Signing an investment agreement and its entry into force
The investment agreement is signed by the head (authorized deputy head) and the authorized person of the investor after the decision by the state agency / executive committee on the conclusion of the investment agreement
An investment agreement shall enter into force upon its state registration in the State Register of Investment Agreements with the Republic of Belarus