Emergency laws passed
The beginning of the year was marked by the adoption of three emergency laws as a "response to existing threats to the national interests of the Republic of Belarus in the regime of special restrictive measures." Effective January 17, 2023.
1) Law of the Republic of Belarus dated January 3, 2023 No. 240-З “On seizure of property”.
The law allows to withdraw into the ownership of the Republic of Belarus any property (things, including money and securities, other property, including property rights located on the territory of the Republic of Belarus) from the ownership of any legal entities and individuals directly or indirectly under the influence of persons from foreign states committing unfriendly acts.
The respective decision is made by the Economic Court of the city of Minsk. Withdrawal may be committed without any compensation at the discretion of the court.
2) Law of the Republic of Belarus dated January 3, 2023 No. 239-З “On issues concerning transfer under temporary external control”.
The law allows establishing temporary external management in legal entities of the Republic of Belarus - commercial organizations whose property owners (participants (shareholders)) are persons from foreign states (for a period of up to 18 months from the date of the decision on temporary external management).
The goals of temporary external management are called "the exclusion of unjustified termination of the activities of commercial organizations, causing damage to their labor collectives and ensuring the normal break-even operation of commercial organizations."
The powers of the executive body of the commercial organization are transferred to the temporary manager. It may also be delegated the powers of other management bodies of a commercial organization, with the exception of the powers to make a decision on the reorganization or liquidation of a commercial organization.
The execution of major transactions and transactions in which there is an interest of affiliated persons, the issue (issuance) of securities of a commercial organization are carried out by the manager with the prior written consent of the regional, Minsk city executive committees.
3) Law of the Republic of Belarus dated January 3, 2023 No. 241-З “On the limitation of exclusive rights to intellectual property objects”.
The law legalizes the so-called “parallel import”, i.e. allows to import goods (in which intellectual property objects are applied (contained, included)) into the territory of the Republic of Belarus and put them into civil circulation without the consent of right holders from foreign states, including those committing unfriendly actions, if such goods are included in the lists of goods (product groups) that are essential for the domestic market. The lists are to be approved by state bodies authorized by the Council of Ministers.
After being included in the specified list, the corresponding intellectual property object is excluded from the national customs register of intellectual property objects by decision of the State Customs Committee.
For use without the consent of the right holders, it is sufficient to legally put these goods (groups of goods) into civil circulation on the territory of any state directly by the right holders or other persons with their consent.