Registration in the Register of Advertising Distributors as a Condition for Providing Advertising Services
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Important! On July 12, 2024, amendments to the Law of the Republic of Belarus "On Advertising" will come into effect. According to these amendments, as a general rule, only advertising distributors included in the Register of Advertising Distributors are authorized to provide advertising placement (distribution) services, including Online.
Considering the provisions of the tax legislation, advertising placement (distribution) services can be provided by:
• Legal entities;
• Citizens registered as individual entrepreneurs;
• Citizens with the status of persons conducting activities using the professional income tax.
Reference: An advertising distributor is an organization or citizen that places (distributes) advertisements in any form using any means.
Principle of Registration in the Register: Notification-based.
Method and Form of Notification: The notification is sent by the advertising distributor to the Ministry of Antimonopoly Regulation and Trade (MART) on paper either in person via the MART mailbox (located on the 1st floor at 8/1 Kirov Street, Minsk) or by mail (220030, Minsk, 8/1 Kirov Street).
The notification form and application are available on the MART website.
Exceptions: Registration in the Register is not required for services related to the placement (distribution) of:• Outdoor advertising;
• Advertising on vehicles and inside their salons;
• Advertising via telephone, telex, facsimile, cellular mobile communication, and email;
• Advertising in buildings (structures) and at cultural, educational, sports, mass sports, tourism events, competitions, contests, exhibitions, seminars, conferences, and similar events;
• Advertising on paper that is not part of printed media;
• Other types of advertising as determined by the Council of Ministers of the Republic of Belarus.
The Register is published on the official MART website.
Legal Consequences: Providing advertising placement (distribution) services by an advertising distributor not included in the Register is illegal and prohibited.
Advertising placed (distributed) in violation of the legislation is considered improper.
Liability:
• For the advertising distributor: Administrative liability under part 3 of article 13.3 of the Code of Administrative Offenses (CAO) for an offense expressed in conducting entrepreneurial activities when such activities are illegal and/or prohibited under legislative acts (a fine of up to 500 base units with confiscation of up to 100% of the income received from providing services or without confiscation);
• For the advertiser: If improper advertising is not withdrawn at the time the protocol is drawn up, administrative liability under part 1 of article 13.9 of the CAO for an offense expressed in violating advertising legislation, with a fine of up to 50 base units.