What you need to set up a representation office of a foreign company in Belarus

Our Foreign Representations Coordination Department (FRCD) deals with the setting up procedures and regular activities of foreign companies representation offices in Belarus.

In particular, The FRCD:

The formal procedure (pdf-file, 83 kb) whereby a representation office of a foreign company is opened in Belarus is set out in the Decision of the Council of Ministers of the Republic of Belarus No. 929 of July 22, 1997 “On the Procedure of Opening and Operation of Representative Offices of Foreign Organizations in the Republic of Belarus” (with changes and additions).

A representation office may be set up upon authorization of the Foreign Ministry.

A representation office of a foreign company is not a legal entity thus it can conduct commercial activities only on behalf of the company it represents. Those activities that are subject to a formal license can be conducted upon the receipt of that formal license.

A representation office can be set up to do, inter alia, the following things:

A representation office of a non-commercial organisation can be set up to, inter alia:

A representation office of a foreign education organisation can be set up to, inter alia:

A representation office on a non-commercial organisation shall do its business in accordance with its programmes and projects that are endorsed by its supreme management body. These instruments shall include information about the concrete events contemplated to deliver concrete goals and about the terms and resources envisaged to implement those programmes and projects.

Within the implementation of those programmes and projects, a representation office may issue grants for both organisations and individuals. Grants beyond the programmes or projects are not permitted.

To obtain an authorisation on the setting up of a representation office, the following documents shall be sent to the Foreign Ministry:

1. application, that shall indicate:

There is no printed form of the application. The application shall be sent to the Foreign Ministry with the signature of either the organisations’ head or the authorised individual.

2. copies of constituent instruments, formally legalised, of the organisation

3. copy of the registration certificate, formally legalised, that proves the organisation is registered in the hosting country

4. letter of authority, formally legalised, for the head of the representation office;

5. copy of special authorisation of the state agencies of the hosting country if that is required by its legislation

6. letter of authority, formally legalised, for the individual authorised to conduct activities related to setting up a representation office;

7. memorandum of association setting out purposes of setting up a representation office, address, organisation structure, competences of the head of a representation office, and the way the office should be dissolved;

8. original document certifying a state fee payment (for the authorisation on setting up a representation office).

Documents under numbers 2–6 shall be formulated in one of the official languages of Belarus. The translation of these documents shall be notarised or certified by a diplomatic or consular posts of Belarus abroad.

The state fee for issuing the authorisation on the setting up of or prolongation of activities of a representation office shall be paid before the receipt of the authorisation. According to Belarus legislation, there are the following fees:

 

State Duty rates for permissions delivery
To open and extend the term of the activity of the representations of foreign organizations in the Republic of Belarus
For every one year
65 basic values
To open and extend the term of activity of the representations of non-commercial foreign organizations, and also the representations of foreign organizations carrying out exclusively charity activities on the territory of the Republic of Belarus, for a period of one year
20 basic values

 

A representation office is set up on the moment of the receipt of the authorisation in the Foreign Ministry and hence it may start operating. Without a representation office in Belarus, foreign organisations may not operate in Belarus.

An authorisation may be refused in case:

A representation office shall register in Belarus tax and other agencies.

In each six-month period, a representation office shall send a report to the Foreign Ministry.

The report shall contain information about the location, telephone and fax numbers, staff, activities of the office, with indication of goods or services or market research that the representation office made for the main office, ongoing projects, their terms and resources, grants and their recipients.

A representation of a non-commercial organisation shall send to the Foreign Ministry programmes and projects, endorsed by the supreme managing body, that the organisation conducts its business on the basis of.

A representation office shall be dissolved in case or under:

In case a representation office is dissolved, the organization that set it up shall send to the Foreign Ministry the following documents: