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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of June 20, 2019 No. 406

About measures for implementation of the Agreement on the Customs code of the Eurasian Economic Union

(as amended on 15-02-2021)

Based on Item 5, Item parts one 12, Item 20, Item parts three 21, Items 23 and 26 of the Regulations on the free customs zones created in the territories free (special, special) economic zones, No. approved by the Presidential decree of the Republic of Belarus of January 31, 2006 66, Items 50-1, 51-2 and 51-3 of the Regulations on free warehouses approved by the Presidential decree of the Republic of Belarus of February 9, 2012 No. 55, of subitem 1 part five. 1, subitem 1.19 of Item 1 of the Presidential decree of the Republic of Belarus of July 21, 2014 No. 360 "About movement of goods for private use", paragraphs of the second or ninth, eleventh or fifteenth item 4 of the Presidential decree of the Republic of Belarus of December 22, 2018 No. 490 "About customs regulation", Item parts three 6, of Item part four 11, of Item part one 12, of parts one and third Item 19, of parts three and the seventh Item 27, of Item 30 of appendix 1 to this Decree, and also for the purpose of implementation of the Agreement on the Customs code of the Eurasian Economic Union of April 11, 2017 DECIDES: Council of Ministers of the Republic of Belarus

1. Determine:

1.1. the list of the types of goods which are exposed to bystry spoil concerning which according to Article 81 of the Customs code of the Eurasian Economic Union customs transactions are made in first-priority procedure, according to appendix 1;

1.2. the inventory concerning which delay or payment by installments of payment of import customs duties according to the subitem 4 of Item 2 of Article 59 of the Customs code of the Eurasian Economic Union, according to appendix 2 can be granted;

1.3. form of the decision on collection of customs payments, the special, anti-dumping, compensatory duties, percent, penalty fee according to appendix 3;

1.4. the inventory of medical appointment and the specialized food products of dietary clinical nutrition imported on customs area of the Eurasian Economic Union in the Republic of Belarus in the international mailings and (or) delivered by carrier to the physical persons included in the list created by the Ministry of Health, having separate incurable diseases to which action of part one of subitem 1.1 of Item 1 of the Presidential decree of the Republic of Belarus of July 21, 2014 No. 360, according to appendix 4 does not extend;

1.5. the list of separate incurable diseases of the physical persons included in the list created by the Ministry of Health to which on customs area of the Eurasian Economic Union in the Republic of Belarus are imported in the international mailings and (or) goods of medical appointment and specialized food products of dietary clinical nutrition to which action of part one of subitem 1.1 of Item 1 of the Presidential decree of the Republic of Belarus of July 21, 2014 No. 360, according to appendix 5 does not extend are delivered by carrier.

2. Determine that:

2.1. the goods placed on temporary storage in the place of arrival can be stored in the places of temporary storage which are not in the place of arrival, in the following cases:

goods are transported by rail transport to the places of temporary storage placed at railway stations;

documents for goods placement, transported by road transport, on temporary storage in the place of arrival are provided by the warehouse keeper of temporary storage on which the goods placed on temporary storage in such place of arrival can be stored. The list of warehouses of temporary storage in which the goods transported by road transport, placed on temporary storage in places of arrival can be stored and the places of arrival corresponding to them is established by the State Customs Committee;

2.2. change of the place of temporary storage of goods before their release is allowed in cases if goods:

Authorized Economic Operators placements (part of rooms) and (or) on the open areas (parts of the open areas) of the Authorized Economic Operator having the certificate on inclusion in the register of Authorized Economic Operators of the second or third type are transported for temporary storage in constructions;

are transported for temporary storage on warehouse of temporary storage;

the owner of duty-free shop or free warehouse are transported for temporary storage respectively in duty-free shop or on free warehouse;

resident free (special, special) economic zone (further - SEZ) are transported for temporary storage on SEZ territory;

are transported for temporary storage to the room, on warehouse, the open area or other territory of the receiver of goods;

are transported by rail transport to the places of temporary storage placed at railway stations;

2.3. permission to making with the goods which are on temporary storage, the transactions specified in Item 2 of Article 102 of the Customs code of the Eurasian Economic Union (further - shopping Mall EEU), is issued by customs authority based on the statement of the person having powers concerning goods (further for the purposes of this subitem - the statement), constituted in writing.

The application is submitted in duplicate to departmental Item of customs clearance of customs authority in which region of activities making of the transactions specified in Item 2 of article 102 of shopping Mall EEU is provided and shall contain list of such transactions and reasons for need of their making.

The decision on issue of permission to making with the goods which are on temporary storage of the transactions specified in Item 2 of article 102 of shopping Mall EEU or about refusal in issue of such permission is accepted by customs authority no later than one hour from the moment of registration of a statement and if the statement is registered less than in one hour prior to completion of work of customs authority, - within one hour from the moment of the beginning of working hours of this customs authority by introduction of the resolution of the authorized officer of customs authority on two copies of the application, the witnessed signature and print of personal number seal.

The decision on issue of permission to making with the goods which are on temporary storage of the transactions specified in Item 2 of article 102 of shopping Mall EEU or about refusal in issue of such permission shall contain essence of the made decision, date and time of its acceptance, and also cause of failure in case of decision making about refusal in issue of permission.

One copy of the application with the resolution of the authorized officer of customs authority returns to person who submitted the application;

2.4. goods concerning which preliminary customs declaring is performed can be placed (to be) in the customs control zone which is in the region of activities of the customs authority other than the customs authority which registered the declaration on goods:

if such goods are placed on temporary storage in the place of arrival and are stored in the place of temporary storage which is not in the place of arrival according to subitem 2.1 of this Item;

in case of use by the Authorized Economic Operator having the certificate on inclusion in the register of Authorized Economic Operators of the second or third type, special simplification provided in the subitem 5 of Item 3 of article 437 of shopping Mall EEU;

2.5. provision of ensuring discharge of duty on payment of customs duties, taxes is not required:

in cases if concerning the foreign goods determined according to Item 3 of article 219 of shopping Mall EEU the following conditions are at the same time satisfied:

goods are located under customs procedure of temporary import (admission) without payment of customs duties, taxes, the special, anti-dumping, compensatory duties;

goods are intended for temporary stay and use in the territory of the Republic of Belarus in the cultural, research purposes, for holding sports competitions or preparation for them, natural disaster response, accidents, catastrophic crashes, ensuring defense capability and the state (national) security, retrofitting of armed forces, protection of frontier, use by state bodies;

the State Customs Committee is informed on import of such goods by the interested republican state body;

in other cases determined by Council of Ministers of the Republic of Belarus;

2.6. to fields of activity of works in case of receipt of permission to which in the Republic of Belarus the foreign physical person can import on customs area of the Eurasian Economic Union in the Republic of Belarus in the accompanied and (or) unaccompanied baggage for the stay in such territory with exemption of customs duties, taxes the goods for private use which were in the use, the activities which are priority type of activity (the sector of economy) for implementation of investments, certain Council of Ministers of the Republic of Belarus according to part two of subitem 1.1 of Item 1 of the Decree of the President of the Republic of Belarus of August 6, 2009 No. 10 "About creation of additional terms for implementation of investments in the Republic of Belarus" belong.

Work of the foreign physical person in the spheres specified in part one of this subitem is confirmed by the conclusion of republican state body, the state organization subordinated to the Government of the Republic of Belarus, Administration of the President of the Republic of Belarus, regional executive committee (Minsk Gorispolkom) signed the investment contract with the investor (investors) or representatives on coordination of works on the investment project. The conclusion shall contain the information about such foreign physical person, its position, the place and the period of its work in the territory of the Republic of Belarus;

2.7. customs declaration of goods according to article 116 of shopping Mall EEU can be performed in case of accomplishment of the following additional terms:

customs declaring is performed when placing goods under customs procedures of export, release for internal consumption, customs warehouse, duty-free trade, free customs zone, free warehouse or concerning supplies;

in case of customs declaring the declaration on goods is used;

goods, except for supplies, are declared as one goods;

customs applicant of goods is the Authorized Economic Operator, resident of SEZ, the owner of customs warehouse, the owner of free warehouse or the owner of duty-free shop;

goods concerning which customs declaring according to article 116 of shopping Mall EEU is performed except for of the goods moved with pipeline transport or on power lines after their import to customs area of the Eurasian Economic Union will be shown to the customs authority which performed release of such goods.

Customs declaration of goods according to article 116 of shopping Mall EEU is not applied to goods:

the placed under customs procedure using privileges on customs payment and (or) tariff preferences;

subject to marking if availability of such marking is condition of release of goods;

assessed by export customs duties, placed under customs procedure of export;

during which period of delivery the rate of customs payment, the special, anti-dumping, compensatory duty is changed or entered or prohibitions and restrictions are established;

containing the intellectual property items included in the national customs register of intellectual property items and (or) the unified customs register of intellectual property items of state members of the Eurasian Economic Union;

2.8. in case of customs declaration of goods according to article 116 of shopping Mall EEU customs control concerning the goods declared in the declaration on goods is carried out during the entire period of delivery, including for the purpose of non-admission of import to customs area of the Eurasian Economic Union in the Republic of Belarus or export from such territory of goods in the quantity exceeding the quantity declared in the declaration on goods, except as specified, when according to the acts constituting the right of the Eurasian Economic Union import to customs area of the Eurasian Economic Union in the Republic of Belarus or export from such territory of goods in the quantity exceeding the quantity declared in the declaration on goods is allowed.

Customs control is carried out with the features specified in part one of this subitem concerning goods:

imported on customs area of the Eurasian Economic Union in the Republic of Belarus, - in case of their presentation to the customs authority which performed release of goods;

exported from customs area of the Eurasian Economic Union in the Republic of Belarus, - in case of their presentation to customs authority in the place of departure if other is not determined within use of risk management system.

The customs authority which performed release of the goods imported on customs area of the Eurasian Economic Union in the Republic of Belarus concerning which customs declaring according to article 116 of shopping Mall EEU is performed informs in written or electronic form of the customs applicant on identification of exceeding of the goods quantity declared in case of such customs declaring in the declaration on goods;

2.9. storage in constructions, rooms (parts of rooms) and (or) on the open areas (parts of the open areas) of the Authorized Economic Operator having the certificate on inclusion in the register of Authorized Economic Operators of the second or third type together with the goods which are on temporary storage, other goods of the Authorized Economic Operators including placed under customs procedures is allowed on condition of their separate placement which is provided with designation of the goods which are on temporary storage, the corresponding plates, labels, labels, texts or use of protective tapes, partitions, creation of the technological passes allowing to distinguish visually the goods which are on temporary storage from other goods and also application of any other method acceptable for Authorized Economic Operator.

Storage in constructions, rooms (parts of rooms) and (or) on the open areas (parts of the open areas) of the Authorized Economic Operator having the certificate on inclusion in the register of Authorized Economic Operators of the second or third type, the bulk, bulk goods which are on temporary storage together with other goods of such Authorized Economic Operator of the same type and quality including placed under customs procedures is allowed without their separate placement on condition of separate accounting;

2.10. when using as the declaration on goods of the documents provided by acts of Universal Postal Union and accompanying the international mailings, submission of such customs declaration is followed by representation of its electronic type in case of declaration of goods according to customs procedures of export and reimport.

When using as the passenger customs declaration of the documents provided by acts of Universal Postal Union and accompanying the international mailings, submission of such customs declaration is followed by representation of its electronic type in case of transfer of goods in the registered international mailings to physical persons, constantly or temporarily living, temporarily staying in the territory of the Republic of Belarus if:

the cost of the goods sent in one international mailing exceeds the amount equivalent of 22 euros, and weight exceeds 10 kilograms;

in the documents provided by acts of Universal Postal Union and accompanying the international mailing there are no data which are subject to specifying in such documents;

2.11. the physical person, constantly or temporarily living, temporarily staying in the territory of the Republic of Belarus, being the receiver of the goods for private use sent to its address in the registered international mailings if declaring of such goods is performed with use as the passenger customs declaration of the documents provided by acts of Universal Postal Union and accompanying the registered international mailings in the cases specified in part two of subitem 2.10 of this Item represents to the appointed operator of mail service of the Republic of Belarus in Russian or Belarusian of the data:

about surname, own name, middle name (if that is available);

about the place of permanent or temporary residence or temporary stay in the Republic of Belarus of such person;

about the name and goods quantity;

about the cost of goods;

about the passport, other identity document of the receiver of goods (number and date of issue, identification number (in the presence).

The data specified in part one of this subitem are represented by the physical person - the receiver of the goods for private use sent in the registered international mailings through the official site of the appointed operator of mail service of the Republic of Belarus on the global computer Internet or in writing by means of the registered mailing to the appointed operator of mail service of the Republic of Belarus.

In case of non-presentation by the physical person - the receiver of the goods for private use sent in the registered international mailings of the data specified in part one of this subitem within ten calendar days from the date of the placement of such goods on temporary storage in the place of post exchange in the Republic of Belarus the appointed operator of mail service of the Republic of Belarus in writing or electronically informs such person on need of the direction of such data according to part two of this subitem;

2.12. capital structures (buildings, constructions, the isolated rooms, their parts) (further - real estate objects), construction and which equipping was made (are made) by resident of SEZ with use of the goods placed under customs procedure of free customs zone which without prejudice to implementation of the investment project of this resident of SEZ can be transferred to other resident of SEZ for implementation of its investment project, determined by administration of SEZ based on the address of resident of SEZ which placed the specified goods under customs procedure of free customs zone with application of a copy of the agreement signed between it and resident of SEZ to which these real estate objects, and reasons for need of such transfer are transferred.

Administration of SEZ within five working days from the date of receipt of the address specified in part one of this subitem:

makes the decision on possibility of transfer of real estate objects or impossibility of their transfer;

informs on the made decision on the form of the letter of administration of SEZ signed by the head of administration of SEZ or its authorized deputy:

person which provided the address specified in part one of this subitem;

customs authority in which the goods specified in part one of this subitem were placed under customs procedure of free customs zone, in case of decision making about possibility of transfer of real estate objects;

2.13. in case of declaration of goods in case of their room under customs procedure of free customs zone and absence in the declaration for goods of data on free customs zone (further - STZ) in which it is placed or plans to placement goods, by the notification on commodity importation, placed under customs procedure of free customs zone, for STZ territory, including for the territory of port STZ or logistic STZ, are presented in the form of the electronic document by the customs applicant of customs procedure of free customs zone in customs authority in which region of activities STZ, the notification on placement of goods in the customs control zone, except for the case specified in part two of this subitem is located.

In case of declaration of goods in case of their room under customs procedure of free customs zone and availability in the declaration on goods of data on STZ in which it is placed or the goods, by the notification on commodity importation, placed under customs procedure of free customs zone, are planned for STZ territory, including for the territory of port STZ or logistic STZ to placement, such declaration on goods is.

When importing to the territory of port STZ, logistic STZ or territorial STZ of goods which are considered placed under customs procedure of free customs zone from the date of their import to such territory the notification on import of such goods to the territory of port STZ, logistic STZ or territorial STZ is presented in the form of the electronic document by the customs applicant of customs procedure of free customs zone in customs authority in which region of activities STZ, the notification on placement of goods in the customs control zone is located.

The notification on placement of goods in the customs control zone is submitted in the case specified:

in part one of this subitem, in case of commodity importation, placed under customs procedure of free customs zone, on STZ territory, including on the territory of port STZ or logistic STZ, but no later than three working days from the date of the room of such goods under customs procedure of free customs zone;

in part three of this subitem, no later than the next working day from the date of commodity importation on the territory of port STZ, logistic STZ or territorial STZ, but no later than day of export of such goods out of limits of port STZ, logistic STZ or territorial STZ respectively.

Features of filling of the notification on placement of goods in the customs control zone in the cases specified in parts one and third this subitem are determined by the State Customs Committee;

2.14. the export permit of the goods placed under customs procedure of free customs zone, and (or) the goods made (received) of the goods placed under customs procedure of free customs zone from STZ territory including from the territory of port STZ or the logistic STZ, except as specified, specified in parts two, the third and sixth this subitem is release of goods according to the declared customs procedure for the purpose of their export from STZ territory.

In case of commodity exportation from STZ territory according to item 4 of article 205 of shopping Mall EEU the export permit of such goods from the territory of STZ is the permission allowing commodity exportation, placed under customs procedure of free customs zone, and (or) the goods made (received) of the goods placed under customs procedure of free customs zone from STZ territory without completion of action of customs procedure of free customs zone.

The decision on issue of the export permit of goods from STZ territory in the case specified in the subitem 1 of Item 10 of article 207 of shopping Mall EEU or about refusal in issue of such permission is accepted by the customs authority which performed release of goods according to customs procedure of free customs zone:

within two working days from the date of giving by the customs applicant of customs procedure of free customs zone of the notification specified in part two of Item 21 of the Regulations on the free customs zones created in the territories free (special, special) economic zones (further for the purposes of this subitem - the notification);

in case of submission of the notification:

in writing by introduction of the resolution of the authorized officer of customs authority on the notification, the witnessed signature and print of personal number seal;

electronically by the direction of the electronic message to person which submitted the notification.

The decision on issue of the export permit of goods from STZ territory in the case specified in the subitem 1 of Item 10 of article 207 of shopping Mall EEU or about refusal in issue of such permission shall contain essence of the made decision, date and time of its acceptance, and also cause of failure in case of decision making about refusal in issue of permission.

The copy of the notification with the resolution of the authorized officer of customs authority goes to the person who submitted the notification.

In case of commodity exportation from STZ territory according to the subitem 4 of Item 10 of article 207 of shopping Mall EEU the export permit of such goods from the territory of STZ is permission of customs authority to departure of goods from customs area of the Eurasian Economic Union;

2.15. in the notification submitted by customs applicants of customs procedures of conversion on customs area of conversion for internal consumption, destruction according to part three of Item 27 of appendix 1 to the Presidential decree of the Republic of Belarus of December 22, 2018 No. 490, are specified:

the name, the number of the waste formed as a result of making of transactions on conversion on customs area of the Eurasian Economic Union of the foreign goods placed under customs procedure of conversion on customs area, conversions for internal consumption or as a result of destruction of the goods placed under customs procedure of destruction (further for the purposes of application of this subitem - conversion waste), sequence number of such waste in the document on conditions of conversion of goods on customs area, the document on conditions of conversion of goods for internal consumption;

term of transfer of waste of conversion;

the name of the legal entity or surname, own name, middle name (if that is available) the individual entrepreneur, performing operation of the object for use of waste included in the register of objects for use of waste to which waste of conversion was transferred, or the term of use of waste of conversion by the customs applicant of customs procedure of conversion on customs area, conversions for internal consumption or destruction or person who is directly making transactions on conversion on customs area or on conversion for internal consumption on the operated object for use of waste included in the register of objects for use of waste.

In the cover letter represented by customs applicants of customs procedures of conversion on customs area of conversion for internal consumption or destruction according to part seven of Item 27 of appendix 1 to the Presidential decree of the Republic of Belarus of December 22, 2018 No. 490, are specified:

name, number of waste of conversion;

the term of burial, neutralization, utilization or destruction of waste of conversion different way by the legal entity or individual entrepreneur, having special permission (license) for implementation of the activities connected with impact on the environment, constituting works and (or) services of which are neutralization and (or) waste disposal (further for the purposes of this subitem - special permission (license), or term of transfer of waste of conversion for making of such transactions to the legal entity or the individual entrepreneur having special permission (license);

the name of the legal entity or surname, own name, middle name (if that is available) the individual entrepreneur having special permission (license), who performed burial, neutralization, utilization or destruction of waste of conversion different way or to which waste of conversion is transferred for making of such transactions.

3. Approve:

Regulations on procedure for issue of confirmation of availability of the separate bases for provision of delay or payment by installments of payment of import customs duties, taxes (are applied);

The regulations on procedure for recognition by customs authorities of the fact of destruction and (or) irretrievable loss of the foreign goods which are under customs control owing to accident or force majeure or the fact of irretrievable loss of these goods as a result of natural wastage under normal conditions of transportation (transportation) and (or) storage (are applied);

The regulations on procedure for conducting verification of customs, other papers and (or) data concerning the declaration on goods submitted concerning goods which release is made before its giving, the documents confirming the data declared in the specified declaration, and data declared in this declaration and (or) containing in the documents submitted to customs authorities (are applied);

The regulations on procedure and terms of the direction to the payer, and also person (persons) bearing (performing) with the payer solidary duty on customs payment, the special, anti-dumping, compensatory duties, the decision on collection of customs payments, the special, anti-dumping, compensatory duties, percent, penalty fee procedure and terms of accomplishment of the requirements provided in this decision (are applied);

The regulations on arrangement and hardware of the elements of customs infrastructure located in locations of the customs authorities and organizations which are a part of the system of customs authorities and in other places in the territory of which customs transactions can be made and are carried out customs control (are applied).

4. Make changes to resolutions of Council of Ministers of the Republic of Belarus according to appendix 6.

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