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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 컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴쩡컴컴컴컴컴컴컴컴컴컴컴컴컴컴 Goods nomenclature code of foreign economic activities 쿞hort designation of goods 컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴좔컴컴컴컴컴컴컴컴컴컴컴컴컴컴 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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