Companies that want to use the offers of the Belarusian software developer market can hire Belarusian software developers and act as customers. In this case, you need to understand the specifics of the local market, formalize relations with Belarusian companies taking into account the interests of business and the specifics of Belarusian legislation. To do this, foreign companies need the services of experienced lawyers.

Features of IT outsourcing in Belarus

Representing the interests of foreign software customers in Belarus is an important area in the field of IT outsourcing. Belarus is known for its highly qualified IT specialists, innovative environment and favorable conditions for the development of IT business. In this regard, many foreign companies prefer to delegate software development to Belarusian IT companies.

To represent the interests of foreign software customers in Belarus, the outsourcing model is widely used, which allows companies from other countries to entrust the development of their projects to Belarusian IT specialists. Representation of interests can be carried out through international agreements for the provision of services, business partnerships, as well as through the opening of branches or offices of representative offices of foreign companies in Belarus.

As a rule, in the case of cooperation with companies and individual entrepreneurs who are non—residents of the Hi-Tech Park, it will be necessary to sign a physically bilateral agreement. Since non-residents of the Park are subject to the requirements for registration of a currency agreement by the National Bank of the Republic of Belarus and the bank may require a physical agreement. When signing an agreement with a foreign software customer, a resident has a number of obligations related to the timing of receipt of revenue under the agreement and the reflection of the stages of execution of the agreement in the form of registration on a special portal of the National Bank.

In this case, a lawyer who has experience in the field of currency legislation and software contracts should represent the interests of a foreign software customer.

The Belarusian contractor may offer a foreign software customer to conclude a license agreement. The parties to the license agreement are called the Licensor (this is the copyright holder who allows the software to be used by another person) and the Licensee is a foreign customer to whom the developer allows the use of the intellectual property object — the software. Such an agreement is usually concluded with respect to ready-made software that was developed earlier.

In relations with a Belarusian company, you can use the norms of the Civil Code of the Republic of Belarus on the contract. According to the contract, one party (contractor), on the order of the other party (customer), performs the work specified in the contract and delivers it to the customer within a certain period of time. The customer accepts and pays for the work.

The contract stipulates at whose expense and by whose forces the work is performed, whether the contractor has the right to involve subcontractors, the price of the contract, the procedure for checking the progress and quality of work by the customer, the contractor’s obligation to eliminate the shortcomings of the work performed at his own expense, etc. In the contract, it is necessary to use the provisions on the disposal of the exclusive right in relation to the transfer of software to the customer.

When developing software, you can formalize a relationship with the customer with an agreement on the performance of technological work or a mixed agreement that contains provisions on the provision of services (for the software development stage) and the provisions of the license agreement (for the transfer stage of the software to the customer)