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09.10.2007

Could you specify the legal acts setting forth the procedure for opening a representative office of a foreign entity in Belarus? Can we open a representative office without registering a legal entity? How many employees can be hired? Can a Belarusian national act as head of office?

1. A representative office of a foreign entity in Belarus is deemed operational once the Foreign Ministry issues a permit in line with the procedure stipulated in the council of Ministers’ Edict N929 dated 22 July 1997.

To secure a permit to establish a representative office, a foreign company should pay the following fees:
for foreign entities:

a fee for the issuance of a permit- 2,000 dollars;
a fee for the issuance of a permit to extend the activities of a representative office: 1,000 dollars;
for legal entities resident in the CIS:
a fee for the issuance of a permit- 1,000 dollars;
a fee for the issuance of a permit to extend the activities of a representative office: 500 dollars;

2. A representative office of a foreign entity is a separate subdivision of a foreign entity which does not enjoy the status of a legal entity, is based in Belarus, represents the interests of a foreign entity and is engaged in activities which do not contravene applicable legislation. (Article 51-1  of the Civil Code of Belarus).

3. A representative office can employ up to three foreign nationals and an unlimited number of Belarusians.

4. A Belarusian national can act as head of office.

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