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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of January 31, 2006 No. 66

About approval of the Regulations on the free customs zones created in the territories free (special, special) economic zones

(as amended on 11-06-2021)

1. Approve the enclosed Regulations on the free customs zones created in the territories free (special, special) economic zones.

Determine that the territories of free customs zones:

determined in the territories of free economic zones before entry into force of this Decree, shall be brought into accord with requirements of this Provision within year from the effective date of this Decree;

at the scheduled time not brought into accord with requirements of this Decree, are subject to abolition.

2. Grant to Council of Ministers of the Republic of Belarus the right to explain taking into account requirements of this Decree questions of functioning of the free customs zones created in the territories free (special, special) economic zones.

3. To provide to Council of Ministers of the Republic of Belarus reduction of acts of the legislation in compliance with this Decree and to take other measures for its realization.

4. This Decree becomes effective in 30 days from the date of its official publication.

President of the Republic of Belarus

A. Lukashenko

 

Approved by the Presidential decree of the Republic of Belarus of January 31, 2006 No. 66

Regulations on the free customs zones created in the territories free (special, special) economic zones

1. This Provision governs the relations connected with functioning of the free customs zones created in the territories free (special, special) economic zones (further - SEZ), including logistic SEZ and port SEZ.

2. In this Provision terms and their determinations in the values established by the international treaties and acts constituting the right of the Eurasian Economic Union, the legislation of the Republic of Belarus regulating customs legal relationship and also the terms having the following values are used:

territorial SEZ - SEZ which limits fully or partially match with sites of customs border of the Eurasian Economic Union or within which places of movement of goods through customs border of the Eurasian Economic Union are located air transport and in the territory of which according to legal acts of the Republic of Belarus provisions of Article 455 of the Customs code of the Eurasian Economic Union are applied;

free customs zone (further if other is not provided, - STZ) - specially allocated territory in SEZ borders with constructions (rooms) or without them, determined and equipped according to the requirements established by this Provision on which customs procedure of free customs zone is applied;

the owner of STZ - resident of SEZ, including logistic SEZ, port SEZ, territorial SEZ, person who is a part of the system of governing bodies of territorial SEZ for which STZ limits are in accordance with the established procedure determined;

port STZ - STZ created on the site of port SEZ located on part of the territory of the river port open for the international message and calling of foreign water vessels, or part of the territory of the airport open for acceptance and sending the aircrafts which are carrying out the international airborne transportations, and the territories, adjacent to such river port or aeroportu1;

logistic STZ - STZ created on the site of logistic SEZ adjacent to the automobile and (or) railway check point through Frontier of the Republic of Belarus;

territorial STZ - STZ created on the site of territorial SEZ.

3. Limits of STZ can not match with SEZ territory, including logistic SEZ, port SEZ, territorial SEZ, and are determined for the owner of STZ in such territory of SEZ in coordination with customs authority the decision of administration of SEZ or other legal entity authorized according to legal acts to set STZ limits (further – the authorized person).

If STZ cannot represent the single territory, determination of STZ consisting of the separate territories, constructions (rooms) remote from each other is allowed provided that they are in SEZ territory borders, conform to the requirements established by this Provision and have the check mode.

Determination of logistic STZ and (or) port STZ in the territory consisting of the separate territories, constructions (rooms) remote from each other is not allowed.

In the territory of SEZ determination of logistic STZ and (or) port STZ taking into account the requirements established by this Provision is allowed if such SEZ is created on part of the territory adjacent to the automobile and (or) railway check point through Frontier of the Republic of Belarus, and on part of the territory of the river port open for the international message and calling of foreign water vessels, or part of the territory of the airport open for acceptance and sending the aircrafts which are carrying out the international airborne transportations, and the territories, adjacent to such river port or aeroportu1.

In the territory of STZ determined for the owner of STZ STZ limits for residents of SEZ in which borders limits of such STZ are determined can be determined.

STZ limits for residents of SEZ specified in part five of this Item are determined by the decision of administration of SEZ or the authorized person in coordination with customs authority in the presence of the consent of the owner of STZ in the territory of which STZ limits of such STZ are determined.

At the same time the owner of STZ in the territory of which STZ STZ for residents of SEZ are determined performs with such residents of SEZ solidary duty on payment of customs duties, taxes, the special, anti-dumping, compensatory duties concerning the foreign goods placed by these residents of SEZ under customs procedure of free customs zone in case of their use with violation of requirements and conditions of this customs procedure.

The procedure for approval of customs authorities of decisions of administration of SEZ or the authorized person about determination of limits of STZ is established by the State Customs Committee.

______________________________

1 Except for parts of the territories of river port or airport in which the property complexes intended for servicing of passengers are located.

4. Application of customs procedure of free customs zone in the territory of STZ is performed by the owner of STZ if other is not provided by this Provision, legal acts of the Republic of Belarus regulating customs legal relationship by the international treaties and acts constituting the right of the Eurasian Economic Union.

In the logistic STZ, port STZ or territorial STZ determined for the owner of STZ application of customs procedure of free customs zone by residents of SEZ in which borders limits of such STZ, or other persons who can act as customs applicants of the goods placed under customs procedure of free customs zone without determination of limits of STZ for each of such persons, including residents of SEZ are determined is allowed.

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