THE DEGREE OF THE CABINET OF MINISTERS RESPUBLIC OF BELARUS
December 1, 1994. N 213 Minsk
ON MEASURES TO IMPROVE GOODS EXPORT AND IMPORT
REGULATION
In order to create favourable conditions for subjects of managing of
the Republic conducting foreign economic activities and ensure control
over the international obligations fulfilment by the republic of Belarus,
the Cabinet Council of the Republic of Belarus resolves:
1. Foreign trade operations with commodities stated in enclosures 1-6
will be regulated by this resolution. It applies to the commodities being
placed on the customs territory of the Republic of Belarus in accordance
with the customs free circulation conditions, as well as commodities being
placed beyond that territory in accordance with the customs export shipment
conditions. The licensing order established by this resolution also applies
to the export of goods listed in enclosure 2, as well as waste and scrap
of non-ferrous metals listed in enclosure 1; bypassive imrpovement conditions.
2. To determine that: a list of commodities being exported within the
established quotas with licenses of the Ministry of Foreign Economic Affairs
will be composed in order to secure ecological safety of the Republic of
Belarus. It will also submit to the international obligations of the Republic
of Belarus and include products manufactured in the Republic of Belarus;
draft resolutions of the Cabinet Council of the Republic of Belarus touching
upon foreign trade will be considered by the Cabinet Council of the Republic
of Belarus only after they have been approved by the Ministry of Foreign
Economic Affairs; export and import order of specific commodities ( military
items, items that can be used for manufacturing of armament and materiel,
including mass destruction weapons and their means of delivery; but are
used for civic purposes ) is regulated by specific legislation acts; subjects
of managing of the Republic of Belarus can conduct foreign economic activities
since the moment of their state registration; commodities export and import
licensing order is determined by the Ministry of Foreign Economic Affairs
in concordance with the State Customs Commitee; licenses covering products
within the established quotas do not require permission from the republican
regulating bodies; in case export of goods stated in enclosures 1-6 from
the territory of the Republic of Belarus is a barter operation; an unlimited
counter shipment of grain, vegetable oil, sugar, baby food and products
for children, fish and seafood, medications and medical equipment, pesticides,
herbicides, chemical plants protection substances, veterinary preparations,
and also materials, raw materials, equipment and its spare parts necessary
to providing one's own manufacturing needs is allowed. Value of the counter
shipment of provision and consumer goods other than stated above should
not exceed 25% of the transaction value. Value of the counter shipment
of carpets, alcocholic beverages and beer, cars, cine-, video- and audiotechnic
should not exceed 10% of the transaction value, unless it is provided by
the legislation in force or inter-governmental agrements of the Republic
of Belarus. In order to secure monitoring of export of strategic importance
commodities listed in enclosure 6, corresponding export contracts will
be registered; all kinds of industrial and consumer waste will be imported
only with permission of the Ministry of Natural Resources and Environmental
protection.
3. To ratify: the enclosed Statement of Commodities Export and Import
Order in the Republic of Belarus; list of commodities exported by licenses
of the Ministry of Foreign Economic Affairs issued within the established
quotas, stated in enclosure 1*; list of specific commodities exported by
licenses of the Ministry of Foreign Economic Affairs issued with permission
of the Commitee on Precious Metals of the Ministry of Finance, stated in
enclosure 2*; list of commodities imported by licenses of the Ministry
of Foreign Economic Affairs, stated in enclosure 3*; list of commodities
manufactured in the Republic of Belarus export of which is prohibited,
stated in enclosure 4; list of commodities import of which is prohibited,
stated in enclosure 5; list of commodities that can be exported only on
condition the contracts are registered, stated in enclosure 6*. The above
mentioned commodities lists are exhaustive and can be altered only in exceptional
cases by the Cabinet Council of the Republic of Belarus. Are not available
here. The enclosures are available in Regional Executive Commitees, Minsk
City Executive Commitee, Ministries and concerned Organisations.
4. The Ministry of Economy: should determine, ratify and inform the
Ministries, other central regulatory bodies, concerns on the quotas on
export of commodities manufactured in the Republic of Belarus and stated
in enclosure 1; provide the Ministry of Foreign Economic Affairs with the
quotas for the coming year no later than november 15, in order to secure
control over them; can alter the commodities export quotas during the period
of planning and submitting to all procedures, providing there is a request
of a concerned ministry, another central regulatory body,a concern and
only in case necessary grounds are available. Quotas alterations will not
apply to the previously issued licenses.
5. the Ministry of Foreign Economic Affairs: should provide registration
of foreign trade contracts on export of commodities listed in enclosure
6; together with the Ministry of Justice and in concordance with the State
Customs Commitee within a month's term should work out and ratify a contract
registration order for export of the commodities of strategic importance
listed in enclosure 6; should register barter contracts exporting licensed
commodities; should create a republican data base containing information
on issued licenses and registered contracts; present this information to
the State Customs Commitee in due terms, and also to the Ministry of Economy,
other involved ministries and central regulatory bodies -- on their demand.
6. In order to improve control over foreign trade operations, the State
Customs Commitee should present data on export and import of goods, including
licensed goods, to the Ministry of Statistics and Analysis and the Ministry
of Foreign Economic Affairs submitting to all procedures within 25 days
following the end of the reported month.
7. The Ministry of Statics and Analysis should quarterly report goods
export and import data to the Ministry of Economy, the Ministry of Foreign
Economic Affairs and the Ministry of Finance. the reports should be presented
within 30 days following the end of the quarter.
8. Be it established, that subjects of manajing of the Republic of
Belarus will pay for the following: issuing of a general license -- 15
minimal wages; issuing of a registration certificate for a contract on
export of commodities listed in enclosure 6 -- 10 minimal wages; issuing
of a single use license -- 10 minimal wages; alteration of an already issued
license ( excluding cases when the legislation is altered ) -- 25% of the
issuing charge; issuing of a duplicate license in case of loss of the original
-- 50% of the issuing charge. All the above payments are collected into
the republican budjet. Registration of a barter contract on export of commodities
requiring a license is not paid for.
9. Be it established, that all the licenses and foreign trade contracts
on export of goods listed in enclosure 6, issued before this Resolution
comes in force, are valid and are not subject to re-registration.
10. Consider the following to have come out of force: Resolution of
the Council of Ministers of the Republic of Belarus dated September 14,
1992, N 556: "On Improvement of Foreign Economic Activities"
(published in RB, 1992, N 26, p. 480 ); Resolution of the Council of Minsters
of the Republic of Belarus dated November 24, 1992, N700: "On the
Ratification of the Regulations on the Council of Ministers of the Republic
of Belarus Commision Issuing Permissions for Conducting Barter Operations"
( published in RB, 1992, N 33, p. 596); Resolution of the Council of Ministers
of the Republic of Belarus dated May 25, 1993, N344: "On the Universal
Order of Licensing and Establishing Quotas for Goods (Labour, Services)
Export and Import" ( published in RB, 1993, N15, p. 288); items 2
and 4 of the alterations being made to the resolutions of the Government
of the Republic of Belarus, ratified by the Resolution of the Council of
Ministers of the Republic of Belarus dated August 31, 1993, N590 ( published
in RB, 1993, N 25, p. 487); Resolution of the Council of Ministers of the
Republic of Belarus dated March 31, 1994, N 201: "On Alterations and
Additions to the Resolution of the Council of Ministers of the Republic
of Belarus dated May 25, 1993, N 344" ( published in RB, 1994, N 10,
p. 160); item 1 of the Resolution of the Council of Ministers of the Republic
of Belarus dated April 29, 1994, N 301: "On the Alterations and Additions
to the Resolution of the Council of Ministers of the Republic of Belarus
dated October 16,1991, N 386 and May 25, 1993, N 344" (published in
RB, 1994, N 12, p. 237); Resolution of the Council of Ministers of the
Republic of Belarus dated May 31, 1994, N 406: "On Concordance of
Licensing of Industrial Purpose Commodities" (published in RB, 1994,
N 16, p. 310).
11. This Resolution will come in force in a month after it has been
published. Prime Minister of the Republic of Belarus M. Chigir Ratified
by the Ressolution of the Cabinet of Ministers of the Republic of Belarus
dated December 1, 1994, N 213 REGULATIONS Of Commodities Import and Export
Licensing Order in the Republic of Belarus
1. Present regulations establish export and import licensing order
in the Republic of Belarus and apply to republic subjects of managing of
all types of property and departmental attachment, unless provided otherwise
by the legislation or international obligations of the Republic of Belarus.
Enterprises, statutory fund of which contains over 30% in foreign investments,
can export the goods they manufacture without an export and import license,
in accordance with the legislation, excluding textile commodities exported
under the Agreement between the European Economic Community and the Republic
of Belarus.
2. In order to obtain a license a subject of managing should fill in
a corresponding form, submitting to all the normative acts of the Ministry
of Foreign Economic Affairs and the State Customs Commitee. The goods will
be reffered to ones requiring a license in accordance with the foreign
trade nomenclature code.
3. To apply for a license the Ministry of Foreign Economic Affairs
should be provided with the following documents: 4 license application
forms, filled in and certified in accordance with the instruction of the
Ministry of the Foreign Economic Affairs and the State Customs Commitee
"On the License Applications ( including General and Single Use License
Applications) Filling In and Mailing Order"; the original and a copy
of an export ( import ) agreement (contract ). Providing of a pre- contract
agreement containing all the major contract properties, necessary for issuing
a license, is allowed. In this case the declarant must present the contract
( agreement ) copy to the Ministry of Foreign Economic Affairs within 2
weeks after it has been signed; a warrent of an applicant-organization
to an authorized person to issue a license; a document, certifying the
state registration of the economic subject the authorized organ; document
certifying the origin of the exported commodities; written permission of
an authorized organ of the commodities' origin country for re-export, in
case it is provided by intergovernmental agreements of the R of B; written
certificate of obtaining a quota stating the amount of commodities and
the country of destination; reasoning of a transaction price given in the
form of a competitive price list reasoning of the deviation from the world
level prices (for barter transactions - reasoning of the prices of export
and import parts). Price reasoning must contain information on the custom's
value of exported and imported commodities. If necessity arises the Ministry
of Foreign Economic Affairs can demand additional documents.
4. Agreement (contract) prices are given in the currency officially
used for settling accauds between the R of B. The state, the economic subjects
of which concluded the agreement (contract. In case the agreement (contract)
presupposes advance payments exceeding $ 10000 or the time interval between
shipment and payment exceeds 180 days, the economic subject mast present
a permission to conducting a foreign trade operation issued by the National
Bank.
5. No alternations changing the main conditions of an agreement (contract)
- name of the firm, name of the commodities, amount of goods, its price
- are allowed in an issued license. In case the main conditions of an agreement
(contract) are altered or an agreement (contract) is replared the issued
licenses with be canceled.
6. In case of a loss of an issued license the Ministry of Foreign Economic
Affairs will, after a written reguest has been made by the economic subject,
issue a duplicate license and inform the State Customs Commitee about that.
In case of violation of the established by the legislation export(import)
order when operating with licensed goods,the Ministry of Foreign Economic
Affairs can cancel the issued license or suspend its action.The above mentioned
Ministry should inform the State Customs Commitee about these actions.
8. Concordance of applications for commodities export(import) with
ministries and other central organs is conducted on request of the Ministry
of Foreign Economic Affairs.While conducting the concordance of the applications
ministries and other central regulatory organs will consider the supply
of this goods on the internal consumer market of the republic as well as
fulfilment of the international obligations by the Republic of Belarus.
9. A general license can be issued in the following cases: on decision
of the Cabinet Council of the Republic of Belarus; to realise the established
quotas; to fulfil intergovernmental agreements; to export commodities (requiring
a license) manifactured in the republic(by the exporter). A general license
will be valid for the following periods of time: to realise commodities
within quotas - within the current calendar year; in all other cases -
within 12 months after it has been issued. A single use license is issued
to the applicant to conduct export (import)operations during a single transaction:
for commodities within quotas --within a calendar year; in all other cases--
within 12 months. In case an applicants request is justified, period of
validity of the license can be extended by the Ministry of Foreign Economic
Affairs.
10.Barter agreements (contracts) should be conducted within 120 days
after the license has been issued.As an exception this term can be extended
in concordance with the Ministry of Foreign Economic Affairs,up to 1 year.
Conducting foreign barter operations * using financial settlement is prohibited,unless
it is provided by the legislation of the Republic of Belarus. An subject
of managing ,who obtained a general license for conducting foreign barter
operations must provide the Ministry of Foreign Economic Affairs with 3
copies of the agreement (contract) containing listings of imported goods
in order to get it registered within 2 weeks after the document has been
signed. A barter operation is officially registered by a unified agreement
between Belorusian and foreign economic subjects.2 certified copies of
the agreement(contract)will be returned to the declarant.
11.The Ministry of Foreign Economic Affairs will issue a license within
15 days after all the documents have been presented. In case of additional
expertise of the presented documents is necessary the terms can be extended
up to 10 extra days .
12. The grounds for refusal in issuing of a license are: failure to
fill in an application propertry; failure to provide complete and true
information; unreasonable lowering of agreement(contract)prices on exported
goods; violation by a foreign trade transaction of international obligations
of the Republic of Belarus; availability of the proved evidence of a violation
of the established foreign economic activities order. A decision to refuse
in issuing a license must be justified and will be presented to the declarant
in written form.
13. Economic subjects of the republic of Belarus violating these regulations
will be liable to measures provided by the legislation of the Republic
of Belarus.
14. Documents presented to apply for a license as well as license copies
will be kept in the Ministry of Foreign Economic Affairs for 3 years.When
the term expires the documents will be exterminated in accordance with
the established order. Enclosure 4 to the Cabinet of Ministers of the Republic
of Belarus Resolution N213,December1,1994 LIST of commodities manifactured
in the Republic of Belarus, export of which is prohibitied ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÂÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ¿
Goods nomenclature code ³ ³ of foreign economic activities ³Short designation
of goods ³ ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÁÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÙ
010600990, wild medicinal raw materials,plants and 060299410, animals included
into the Red Book of the 060299510, Republic of Belarus,as well as their
parts 060299590 derivatives(excluding those cultivated or grown by man)
9705,9706 collecting items and antiques(excluding modern art items and
collecting items having no museum value in the Republic of Belarus,export
and sale of which is conducted with special permission from the Ministry
of Culture),goods received as humanitarian help. Enclosure 5 to the Cabinet
Council of the Republic of Belarus resolution N213,December 1,1994 LIST
of commodities, import of which is prohibited Industrial radioactive,toxic
and other waste,that cannot be recycled in the republic.Printed and audio-visual
materials, other information carriers ,containing information harmful to
republican political and economic interests,its national security, health
and morality of its citizens.
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