Regulation of export and import operations

Export control in the Republic of Belarus means establishment and performance of administrative procedure of import on the customs territory of the Republic of Belarus, use, transit and export out of its territory of the objects of export control (specific goods).

The basis of legislation in the field of export control is the Law of the Republic of Belarus “On Export Control” dated January 6, 1998 that determines legal grounds, responsibilities and authorities of the state bodies, legal and physical entities of the Republic of Belarus in the field of export control as well as goals, principles and notions of the system of export control and specific goods (works, services).

The objects of export control (specific goods (works, services) are the following:

•    nuclear materials, equipment, special non-nuclear materials and the correspondent technologies connected with a nuclear fuel cycle and production of nuclear materials that can be used in production of nuclear weapons;

•    chemicals, equipment and technologies that have peaceful purposes but can be used in production of chemical weapons;

•    causal agents (pathogens) of people, animals and plants, their genetically modified forms, fragments of genetic material and equipment that can be used in production of bacteriological (biological) and toxic weapons;

•    equipment, materials and technologies used in production of missile weapons and other means of nuclear, chemical, bacteriological (biological) and toxic weapon delivery;

•    military-oriented products (goods);

•    goods and technologies of co-existence;

•    cryptographic means (works, services) including cryptographic equipment as well as special technical goods for clandestine information acquisition.

Lists of specific goods (works, services) at present are approved by the Regulation of the Ministry of Foreign Affairs of the Republic of Belarus and the State Customs Committee of the Republic of Belarus dated April 4, 2003 No. 4/27 “On Approval of the Lists of Specific Goods (Works, Services)”.

Identification of the goods (works, services) as specific goods (works, services) is the obligation of a legal entity of the Republic of Belarus. In case of impossibility of unambiguous identification of goods (works, services) as specific goods (works, services) the legal entity send a request about carrying out such identification to the State Committee on Military Industry.

By the Edict of the President of the Republic of Belarus dated December 30, 2003 No. 599 there was the State Military and Industrial Committee of the Republic of Belarus established, which is a “licensing body” in the field of export control.

Under licenses of the State Committee on Military Industry the following, in particular, is carried out:

•    EXPORT of all types of specific goods (works, services);

•    IMPORT:

o    of military-oriented products (goods);

o    of cryptographic means (works, services) including cryptographic equipment as well as special technical goods for clandestine information acquisition;

o    chemicals that are subject to the regime of control under the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction.

Licenses for import (export) of specific goods (works, services) are issued only to legal entities of the Republic of Belarus that obtained in the prescribed order a certificate for entitlement of performance of foreign trade activity regarding specific goods (works, services) in compliance with the Resolution on Procedure of Providing Legal Entities of the Republic of Belarus with the Right to Perform Foreign Trade Activity Regarding Specific Goods (Works, Services), approved by the Edict of the President of the Republic of Belarus dated May 11, 1999 No. 265.

In connection with the establishment of the Committee on Military Industry as well as with the purpose of improvement of the system of state control over import and export of specific goods (works, services) in 2004 modifications and amendments were introduced in regulatory legal acts of the Republic of Belarus, regulating the correspondent fields of activities. You can get acquainted with the texts of these documents, with modifications and amendments in them, below:  

1.       The Regulation of the Council of Ministers “On Performance of Measures of State Regulations for Import and Export of Specific Goods (Works, Services)” dated February 4, 2003 No. 133 (with taking into considerations amendments and modifications introduced by the Regulation of the Council of Ministers of the Republic of Belarus of May 28, 2004 No. 636).

2.       The Regulation of the Council of Ministers of the Republic of Belarus dated March 29, 2000 No. 422 “On Improvement of Control over Import (Export) of Chemicals that Are Subject to the Regime of Control under the Convention of the Prohibition of Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction” (with the account of modifications and amendments introduced in compliance with the Regulation of the Council of Ministers of the Republic of Belarus of May 25, 2004 No. 615).

3.       The Regulation of the Council of Ministers of the Republic of Belarus dated April 24, 2002 No. 522 “On Approval of the Resolution on Transit of Military-Oriented Commodities” (with account of modifications and amendments introduced according to the Regulation of the Council of Ministers of April 27, 2004 No. 476).

Clearance of applications for issue of licenses, licenses for import (export) of specific goods (works, services) is carried out in compliance with the Instruction on Procedure of License Issue for Import (Export) of Specific Goods (Works, Services) as well as registrations of agreements under general license approved by the regulation of the Ministry of Foreign Affairs and the State Customs Committee of the Republic of Belarus dated April 11, 2003 No. 3/31.

Identification of the goods (works, services) as specific goods (works, services) is the obligation of a legal entity of the Republic of Belarus. In case of impossibility of unambiguous identification of goods (works, services) as specific goods (works, services) the legal entity send a request about carrying out such identification to the State Committee on Military Industry.

 The Law of the Republic of Belarus dated November 25, 2004 (came into force from June 16, 2005) “On State Regulations of Foreign Trade Activity”;

The Customs Code of the Republic of Belarus dated January 6, 1998;

The Taxation Code of the Republic of Belarus dated December 19, 2002;

the Edict of the President of the Republic of Belarus dated August 23, 2005 No. 391 “On Deferral of Customs Duty and Value-Added Tax Payment”;

The Edict of the President of the Republic of Belarus dated January 4, 2000 No. 7 “On Improvement of the Procedure of Performance and Control of Foreign Trade Operations”;

the Regulation of the State Customs Committee of the Republic of Belarus of July 7, 2001 No. 32 “On Procedure of Performance of Currency Control by Customs Bodies”;

the Regulation of the State Customs Committee of July 10, 2001 No. 33 “On Statistical Declaration of Goods”;

the order of the State Customs Committee of the Republic of Belarus dated July 9, 1998 No. 246-OD “On Approval of “The Resolution on Customs Document “Cargo Customs Declaration” and “The Instruction on Procedure of Filling-In a Customs Declaration for the Purpose of Customs Declaration of Goods”;

the Edict of the President of the Republic of Belarus dated May 4, 2004 No. 211 “On Peculiarities of Legal Regulations in the Customs Regime of Temporary Import of Goods”;

the Law of the Republic of Belarus dated February 3, 1993 “On Customs Tariff”;

the Regulation of the Council of Ministers of the Republic of Belarus dated June 17, 2002 No. 791 “On Commodity Classification Used by Performance of Foreign Trade Activity”;

the Regulation of the Council of Ministers of the Republic of Belarus of December 16, 2002 No. 1743 “On Identification of the Country of Origin for Goods Being Replaced through the Customs Border of the Republic of Belarus”;

the Regulation of the State Customs Committee of the Republic of Belarus dated March 28, 2003 No. 24 “On Clarification of the Procedure of Identification of the Country of Origin for Goods Being Replaced through the Customs Border of the Republic of Belarus”;

the Regulation of the Council of Ministers of the Republic of Belarus of June 28, 2002 No. 864 “On Approval of the Rates of Export Customs Duties”;

the Regulation of the Council of Ministers of the Republic of Belarus dated June 28, 1998 No. 865 “On Approval of the Rates of Import Customs Duties”;

the Regulation of the State Customs Committee of the Republic of Belarus dated March 29, 2005 No. 17 “On the Rates of Customs Duties for the Customs Filling-In”;

the Regulation of the Council of Ministers of the Republic of Belarus of June 9, 1998 No. 908 “On Approval of the Procedure of Determining of Customs Value of the Goods Exported from the Customs Territory of the Republic of Belarus”;

the Decree of the President of the Republic of Belarus dated April 18, 2003 No. 14 “On Establishment of Tariff Preferences”;

the Decree of the President of the Republic of Belarus of June 13, 2001 No. 16 “On Providing Payment in Installments of the Value-Added Tax by Import to the Customs Territory of the Republic of Belarus of Technological Equipment and Spare Parts to It”;

the Edict of the President of the Republic of Belarus of June 18, 2005 No. 285 “On Some Measures of Regulation of Entrepreneur Activity”;

the Law of the Republic of Belarus dated December 19, 1991 “On Value-Added Tax”;

the Law of the Republic of Belarus of December 19, 1991 No. 1321-XII “On Excise Tax”;

the Regulation of the Council of Ministers of the Republic of Belarus of February 17, 2000 No. 213 “On Approval of the Procedure of Use of a Zero Rate for a Value-Added Tax by Performance of Works (Services)”;

the Law of the Republic of Belarus dated December 7, 1998 “On Free Economic Zones”;

the Edict of the President of the Republic of Belarus of January 31, 2006 No. 66 “On Approval of the Resolution on Free Customs Zones Established on the Territory of Free Economic Zones”;

the Edict of the President of the Republic of Belarus of June 9, 2005 No. 262 “On Some Issues of Activity of Free Economic Zones on the Territory of the Republic of Belarus”;

the Edict of the President of the Republic of Belarus dated January 8, 2003 No. 7 “On Changing Borders of the Free Economic Zone “Vitebsk” and on Amendments and Modifications to the Edict of the President of the Republic of Belarus dated August 4, 1999 No. 458”;

the Edict of the President of the Republic of Belarus of April 16, 2002 No. 208 “On Establishment of the Free Economic Zone “Grodnoinvest”;

the Edict of the President of the Republic of Belarus of January 31, 2002 No. 66 “On Establishment of the Free Economic Zone “Mogilev”;

the Edict of the President of the Republic of Belarus dated August 4, 1999 No. 458 “On Establishment of the Free Economic Zone “Vitebsk”;

the Edict of the President of the Republic of Belarus of March 2, 1998 No. 93 “On Establishment of the Free Economic Zones “Minsk” and “Gomel-Raton”;

the Edict of the President of the Republic of Belarus of March 20, 1996 “On Free Economic Zones on the Territory of the Republic of Belarus”;

the Law of the Republic of Belarus of November 25, 2004 No. 346-3 “On Measures for Protection of Economic Interests of the Republic of Belarus by Performance of Foreign Trade of Goods”;

the Regulation of the Council of Ministers oа the Republic of Belarus dated June 9, 2005 No. 612 “On Approval of the Resolution on Procedure of Investigation as to Apply Special Protective, Ant0Dumping or Compensational Measures and Considering Void the Regulation of the Council of Ministers of the Republic of Belarus of June 5, 2000 No. 800 and the Regulation of the Council of Ministers of the Republic of Belarus of June 26, 2002 No. 859”;

the Regulation of the Council of Ministers of the Republic of Belarus of April 8, 2002 No. 440 “On Measures of Improvement of Export and Imports of Goods”;

the Edict of the President of the Republic of Belarus of April 23, 2003 No. 164 “On State Regulation of Import, Processing and Selling of Fish and Seafood and on Amendments to the Edict of the President of the Republic of Belarus of February 29, 2000 No. 97”;

the Edict of the President of the Republic of Belarus of December 17, 2002 No. 28 “On State Regulation of Production, Turnover, Advertising and Use of Tobacco Raw Products and Tobacco Products”;

the Decree of the President of the Republic of Belarus dated September 9, 2005 No. 11 “On Improvement of State Regulation of Production, Turnover and Advertising of Alcohol, Non-Food, Spirit-Based Products and Nonedible Ethanol”;

the Decree of the President of the Republic of Belarus of July 12, 2005 No. 9 “On Additional Measures for Struggle with Illegal Turnover of Liquid Petroleum Fuel Oil in the Republic of Belarus”;

the Edict of the President of the Republic of Belarus dated January 28, 2006 No. 57 “On Some Measures for Improvement of State Regulation of Foreign Trade Activity”;

the order of the State Customs Committee of the Republic of Belarus of March 30, 2004 No. 28 “On Approval of the Instruction on Procedure Giving the Status “Conscientious Participant of Foreign Trade Activity” and the Instruction on Peculiarities of Customs Clearance and Customs Regime of the Release for Free Circulation of Goods Imported to the Customs Territory of the Republic of Belarus by Conscientious Participants of Foreign Trade Activity”.  


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