The procedure of entering into investment agreements
is governed by the Investment Code of the Republic of Belarus.
As is provided by the above Code, an investment agreement may be
signed between any national or foreign investor on the one part,
and the Government of RB on the other part, with a view to rendering
governmental support to implementation of any investment projects
which are of importance to the economy of the Republic of Belarus.
This is mandatory requirement that such investment agreement
shall include the following information:
- the period of validity of the investment agreement;
- the object and scope of investment activity;
- rights and obligations of the investor, in particular, concerning
compliance with the legislation in the field of environment protection
and efficient use of natural resources, as well as labour legislation
and safety measures;
- additional legal guarantees granted by the Republic of Belarus
within the project, agreed for the term of such agreement and
related to taxation and customs mode, ecologic standards and any
other requirements that are sufficient for the investor and are
in force as of the time of signing such investment agreement;
- as well as any obligations related to issue of any licensing
documents required by the investor for implementation of such
investment project;
- responsibility of the parties for non-compliance with the terms
of such investment agreement;
• procedure of settlement any disputes arising from such investment
agreement, and the body into which such dispute shall be brought
(in particular, an international arbitration for any foreign investor).
Any investment agreement signed with any foreign investor may provide
for waiver by the Government from jurisdictional immunity or immunity
from interim remedy of any claim and execution of any court and/or
arbitral award.
The investor’s proposals concerning the context of such investment
agreement shall be considered by the Government of the Republic
of Belarus or by any authorized republican governmental body (state-owned
institution subordinated to the Government of the Republic of Belarus)
in accordance with the procedure established by the Government of
the Republic of Belarus.
The terms of such investment agreements remain in force within the
term of validity of such agreements. The terms of such investment
agreements may be only changed upon mutual consent of the parties,
save as otherwise is provided for in such investment agreement.
|