Regulation on the register of partners BelCCI

APPROVED
Order of the BelCCI
No. 91 of December 30, 2019
(as amended by BelCCI Order No. 98
of December 10, 2020)

REGULATION
30.12.2019
Minsk
 On the register of Bona Fide Partners 

CHAPTER 1

General Provisions


1. The Regulation determines the procedure for creating and maintaining a Register of business entities of the Republic of Belarus, the available official information about which testifies to their bona fide as partners in entrepreneurial activities both in the Republic of Belarus and abroad (hereinafter referred to as the Register of Bona Fide Partners).

2.  The objectives of the Register of Bona Fide Partners are:

creation of a database of business entities of the Republic of Belarus participating in entrepreneurial activities and declaring themselves as Bona Fide Partners;

promoting entrepreneurial activity, including foreign economic cooperation, by providing Belarusian and foreign organizations with the necessary information, which helps them to select partners from among the economic entities of the Republic of Belarus;

assistance in increasing the competitiveness of domestic goods, works, services and intellectual property items;

improving credibility of business entities of the Republic of Belarus in the domestic market and abroad;

expanding the range of opportunities for the BelCCI members.

3.  The Register of Bona Fide Partners is maintained by the Belarusian Chamber of Commerce and Industry (hereinafter - the BelCCI) in electronic form in Russian and English and is open to the public free of charge.

4.  The Register of Bona Fide Partners is posted on the official website of the BelCCI (https://www.cci.by/) and contains the following information about a business entity:

name of the legal entity (full name of an individual entrepreneur);

TIN;

legal address, telephone number, e-mail address, as well as fax number and the official website address on the Internet (if any);

main types of economic activities; /p>

validity period of the certificate of inclusion of a business entity in the Register of Bona Fide Partners.

5.  The BelCCI is not responsible and does not act as a guarantor to third parties for the performance or non-performance by a business entity included in the Register of Bona Fide Partners of its obligations under contracts and other forms of cooperation with third parties.

6. .  A mandatory requirement applied when maintaining the Register of Bona Fide Partners is compliance with the norms of Law of the Republic of Belarus  5 16-Z of January 5, 2013  г. № 16-З "On Commercial Secrets”.

 

CHAPTER 2

CONDITIONS FOR INCLUSION OF BUSINESS ENTITIES IN THE REGISTER OF BONA FIDE PARTNERS

 

7. The following business entities of the Republic of Belarus are included in the Register of Bona Fide Partners:

The BelCCI members having no arrears in payment of their membership fee, or those having submitted documents to become the BelCCI members and have paid the admission fee;

entities providing accurate, up-to-date, complete, and reliable information about their activities to the extent stipulated by the Regulation;

entities, which have been carrying out entrepreneurial activity for at least 3 (three) years;

entities having a fully formed statutory fund  (if applicable to a certain category of business entities);

entities not being in the process of reorganization, liquidation (termination of activity) or bankruptcy;

entities having no arrears in taxes, fees and payments to the budget and extra-budgetary funds of the Republic of Belarus;

entities not included in the list of suppliers (contractors, performers), who temporarily are not allowed to participate in public procurement procedures.

 

CHAPTER 3

PROCEDURE FOR INCLUDING BUSINESS ENTITIES IN THE REGISTER OF BONA FIDE PARTNERS

 

8. To be included in the Register of Bona Fide Partners, a business entity submits to the BelCCI:

application in accordance with the form provided in Appendix 1 to the Regulation in paper and electronic form in .pdf format;

a questionnaire in accordance with the form provided in Appendix 2 to the Regulation in paper and electronic form in .pdf format, as well as in one of the following formats: .doc, .docx or .rtf.

9.  Copies of documents submitted to the BelCCI must be certified (approved) by an authorized official of a business entity (individual entrepreneur) and sealed (if available).

The business entity is responsible for the accuracy, relevance, completeness and reliability of the information and documents provided.

10.  The BelCCI may request other documents and information from a business entity, do additional checks of databases, registers and other sources of information.

11.  Consideration of documents and information provided by a business entity, making a decision on the inclusion of a business entity in the Register of Bona Fide Partners, extending the validity of the certificate, as well as excluding a business entity from the Register of Bona Fide Partners is carried out by a commission, which is created by an order of the Chairman of the BelCCI (hereinafter - the Commission).

The decision to include a business entity in the Register of Bona Fide Partners is made by the Commission within 30 (thirty) business days from the date of registration of a corresponding application. 

If the documents specified in clause 8 of the Regulation are not provided or if the business entity is asked for additional information and (or) documents, the period for making a decision on the inclusion of the business entity in the Register of Bona Fide Partners may be extended.

The Commission has the right to include in the Register of Bona Fide Partners a business entity of the Republic of Belarus, which has been carrying out entrepreneurial activity for less than 3 (three) years.

12.  A business entity is considered to be included in the Register of Bona Fide Partners from the date of the decision on its inclusion in the Register of Bona Fide Partners.

13.  A business entity included in the Register of Bona Fide Partners is issued a certificate that is valid for 2 (two) years from the date of its inclusion in the Register of Bona Fide Partners. The extension of the validity period of the certificate is carried out in the manner prescribed by clause 15 of the Regulation.

The Certificate is signed by the Chairman of the BelCCI or a person authorized by him, certified by a seal and issued to an authorized representative of a business entity.

The business entity to whom the Certificate has been issued has the right to use the special sign "Register of Bona Fide Partners" on its products, in its advertising and presentation materials, as well as on its official website.

14.  A business entity included in the Register of Bona Fide Partners, within 10 (ten) working days from the date of the decision on reorganization and (or) changing its name (full name of an individual entrepreneur), TIN, legal address, telephone number, fax numbers, e-mail addresses, addresses of the official Internet website, main types of economic activities, as well as other information contained in the questionnaire, must notify the BelCCI in writing.

15.  A business entity included in the Register of Bona Fide Partners, in order to extend the validity of the certificate for each subsequent 2 (two) year period, has to send to the BelCCI no later than 15 (fifteen) working days before the expiration of the certificate:

application for the extension of the validity period of the certificate in accordance with the form in Appendix 3 to the Regulation on paper and in electronic .pdf format;

updated questionnaire in accordance with the form Appendix 2 to the Regulation on paper and in electronic .pdf format, as well as in one of the following formats: .doc, .docx or .rtf.

The decision to extend the period of certificate validity is made by the Commission within 15 (fifteen) working days from the date of registration of the application for the certificate validity period extension.

When extending the validity of the certificate, the business entity retains the number of the previous certificate.

CHAPTER 4

GROUNDS FOR EXCLUSION OF A BUSINESS ENTITY FROM THE REGISTER OF BONA FIDE PARTNERS

 

16.  The grounds for excluding a business entity from the Register of Bona Fide Partners are:

certificate expiry;

arrears in taxes, fees and payments to the budget and extra-budgetary funds of the Republic of Belarus, which are systemic by nature;

bankruptcy or liquidation (termination of activities) of a business entity;

provision of inaccurate and (or) irrelevant information and (or) documents;

other grounds indicating non-compliance by the business entity with the provisions of the Regulation.