A stricter decree replaces decree #8

[Dec 5]:

The new Decree #24 changes the procedure of getting foreign grants. For the infringement of a new decree public associations and political parties, foundations and representations of foreign organizations can be liquidated, and foreign citizens can be deported.

On November 28, 2003 president of the Republic of Belarus signed the Decree #24 “About the receipt and use of foreign free assistance”. The Decree changes the procedure of getting foreign grants (i.e. financing of programs and projects, provision of equipment and other property for possession) by juridical and physical persons of the Republic of Belarus.

The new Decree significantly extends the powers of the Administration of President Affairs in the following fields: control for the use of foreign grants, getting customs and tax privileges for separate projects, designating of minimal amount, which is not liable to registration. At the same time the main organ, which regulates the process of getting foreign grants, is the Department for Humanitarian Activities at the Administration of President Affairs. This organ issues certificates about the registration of foreign grants and is provided by other powers.

In accordance with the Decree #24 the Administration of President Affairs must regulate the procedure of the registration of foreign grants. It means that instead of the present instruction, confirmed by the head of the Department for Humanitarian Activities, in the next two months there will be worked out a new normative document concerning the registration and use of foreign grants.

Item 4 of the Decree #24 points out the activities, which are subject to the use of foreign grants. This list is open, but it is stated that the use of foreign grants for other goals is realized in agreement with President of the Republic of Belarus. Different forms of political work with the population supplement the list of activities, which cannot be supported in frames of foreign grants (in Decree #8 it was only mass agitation work).

The press-service of the President Administration points out, that the Decree #24 aims “to provide transparency in the use of foreign assistance”. In this connection the state bodies (Administration of President Affairs, Committee of State Control, KGB, the Ministry of Taxes, etc.) should control the process of the use of foreign grants. The procedure of state control is regulated by the Edict #537, which was also confirmed by President on November 28, 2003.

The new Decree designates sanctions to be undertaken against physical and juridical persons for the infringement of the Decree procedure. Along with administrative responsibility of physical persons and economic responsibility of juridical persons, the Decree foresees the liquidation of political parties, trade unions, foundations, public associations and their organizational structures, branches of foreign organizations even for one-time infringement of the Decree procedure. Foreign citizens, who violated the Decree, will be deported from the Republic of Belarus.

The Decree does not extend its power on the programs of international technical assistance and other kinds of foreign assistance, which are realized in agreement with President or in accordance with the contracts approved by government. These programs (TACIS, Counterpart, the program for the Development of small and medium business realized in frames of International Financial Corporation, and some other kinds of support) are regulated by Edict #460 dated October 22, 2003 “About international technical assistance, granted to the Republic of Belarus”.

Thus, new normative legal documents do not change the concept of the use of foreign grants in Belarus, but they do create a stricter control over this process, they set stricter sanctions against infringers of the regulated procedure of the use of foreign free assistance.

As a result of a new Decree legal use of foreign grants in Belarus is becoming practically impossible firstly, because of strict tax and administrative restrictions with regard to grant-takers, and secondly, for the reason of juridical liquidation of non-governmental organizations in Belarus.

www.belngo.info