| Legal conditions favourable for investors’ activities
have been formed in Belarus. In the opinion of the International Financial
Corporation involved in investment climate analysis in different countries,
the Belarusian investment legislation is worthy of appreciation and
is among the best in CIS member-states.
The Investment Code, which purpose is to encourage
investment activities and protection of investors’ rightsin
Belarus is a fundamental document that specifies general conditions
of investment activities in Belarus.
Any investors, in the course of their investment activities (in
particular, aimed at investment project implementation), are entitled
to the governmental supportn the form of centralized
investment resources or guarantees granted by the Belarusian Government.
Moreover, the investment agreement, may be signed
with any investor when implementing the projects which are of importance
for our country. Such agreement establishes additional legal guarantees
of the Republic of Belarus for the period of the agreement validity.
Together with such support, any foreign investors are granted a
number of governmental guarantees: the proprietary right
and other proprietary interests, as well as interests legally
acquired. And above all, equal non-discriminative protection of
investors’ rights and lawful interests is ensured.
According to the Belarusian legislation, the investors may independently
carry out any actions arising from possession, use and disposal
of any objects and outcomes of their investment activities, including
disposal of any received profit, in particular, reinvest the same
in the territory of Belarus or freely transfer overseas (after payment
of all taxes and any other mandatory payments).
The fact that any investments may not be nationalized or confiscated
without compensation is of no small importance. Such processes may
be possible only subject to prompt and full compensation for both
the value of such investment property and any other caused damages.
The Investment Code also stipulates for he investors’ right
to appeal in legal form against any actions (inaction)
of the governmental bodies and their acts that violate the investors’
rights and/or inflict losses upon them.
Any additional guarantees o the foreign investments
are granted within bilateral agreements between the Republic of
Belarus and other countries. By today 52 agreements on double
taxation avoidance, have been signed, in particular, with
Russia, Hungary, Czechia, Belgium, Austria, the Netherlands, Egypt,
Iran. 59 agreements on assistance in making and protection
of investments, have been signed, in particular, with Italy,
Denmark, Spain, USA, Canada.
The Republic of Belarus is also a member of certain multilateral treaties.
The Convention for Settlement of Investment Disputes between the
States and Citizens of any Foreign States, dated March 18 1965,
has been applied to the Republic since 1992, as well as the Convention
for Establishing a Multilateral Investment Guarantee Agency dated
October 11, 1985.
With a view to creating favourable investment environment and free capital
flow within the territory of the Common Free Market Zone (CFMZ)
member-states a draft agreement on investment activities and free
market flow in the territory of CFMZ member-states has been elaborated
by today.
A draft agreement on encouragement and mutual defense of
investments in the Eurasian Economic Community (EurAsEC) member-states
has been signed by EurAsEC member-states. Accordingly, the Belarusian
legislation provides for adequate guarantee of secure foreign investments
in the national economy.
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