RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of December 30, 2019 No. 940

About functioning of the mechanism of electronic waybills

Based on subitem 2.1 of Item 2 of the Presidential decree of the Republic of Belarus of October 31, 2019 No. 411 "About the taxation", paragraphs of the fourth and fifth Item 3 of the Presidential decree of the Republic of Belarus of December 29, 2020 "About traceability of goods" the Council of Ministers of the Republic of Belarus DECIDES: No. 496

1. Determine that:

1.1. subjects of the managing having the right, if other is not established by the President of the Republic of Belarus, in the presence at them program and technical means to use electronic waybills, and also in the form of electronic documents the transport (consignment) and (or) other documents confirming movement of goods when implementing mutual trade between state members of the Eurasian Economic Union (further – transport and other documents);

1.2. electronic waybills, and also transport and other documents are created according to requirements of the legislation in the sphere of the circulation of electronic documents and the digital signature (further – the EDS);

1.3. creation, transfer and receipt of electronic waybills, and also transport and other documents are performed through system of electronic data exchange (Electronic Data Interchange (EDI) (further – electronic document management) based on the agreements signed between the operator of electronic document management – resident of the Republic of Belarus (further – EDI provider) and other participants of electronic document management;

1.4. participants of electronic document management the consignor, the consignee and EDI provider are recognized if other is not provided in parts two and third this subitem.

The automobile carrier can act as the participant of electronic document management if between it, the consignor and the consignee reach the contribution agreement in electronic document management. When using the international commodity-transport superimposed CMR in the form of the electronic document (e-CMR) by participants of electronic document management the consignor, the consignee, automobile carrier and EDI provider are recognized.

By transfer of the electronic messages created by the consignor in case of shipment of the goods included in the inventory, data about which turnover are subject of information exchange with state members of the Eurasian Economic Union, and (or) the inventory, data about which turnover are traceability subject (further, if other is not provided, – lists), to the organization which location is not the Republic of Belarus and (or) the foreign citizen, and (or) the stateless person performing business and other economic (economic) activity (further – electronic messages), participants of electronic document management the consignor and EDI provider are recognized;

1.5. the created electronic waybills, except as specified, established in part two of this subitem, shall be:

EDSs of responsible persons of participants of electronic document management are signed (except for the EDI provider(s) developed with use of personal keys which certificates of open keys are published by republican certification center of the State management system open keys of verification of the digital signature of the Republic of Belarus. Confirmation of powers of responsible persons of participants of electronic document management on signing of electronic waybills is performed with use of attribute certificates;

are transferred and received through EDI provider(s).

The created electronic messages shall:

to be signed by the EDS of responsible persons of the consignor developed with use of personal keys which certificates of open keys are published by republican certification center of the State management system open keys of verification of the digital signature of the Republic of Belarus;

to be transferred to EDI provider;

it is successful to undergo control in the program complex "System of Traceability of Goods" (further – the SPT personal computer) the state information system "Software and Hardware Complex on Automation of Settlement Process of the Taxes Which Are Subject to Payment in the Budget, Charges (Duties) and to Submission to Tax Authorities of Tax Declarations (Calculations) in Electronic Form", and on them the notification of EDI provider on successful passing of control to the SPT personal computer shall be received;

1.6. the created transport and other documents shall:

to be signed by the EDS of responsible persons of participants of electronic document management (except for the EDI provider(s) developed according to the national legal system of state member of the Eurasian Economic Union (further – EEU);

to be transferred from the Republic of Belarus and (or) are received in the Republic of Belarus through EDI providers;

undergo the procedure of establishment of trust to the EDS, and also transport and other document the national operator of the confidential third party on recognition of authenticity of electronic documents in case of interstate electronic interaction according to the legislation of the Republic of Belarus.

Provisions of part one of this subitem extend to the international commodity-transport superimposed CMR in the form of the electronic document (e-CMR) which can be applied in case of shipment of goods to the organization which location is not the Republic of Belarus, and also the foreign citizen and the stateless person performing business and other economic (economic) activity;

1.7. information on electronic waybills, and also transport and other documents is provided to tax and customs authorities by means of remote access to information system of electronic document management;

1.7-1. for the purpose of implementation by EDI provider of control of filling of the additional details which are subject to specifying in the electronic waybill and also verifications of presence in the SPT personal computer of data on the goods specified in electronic waybills, EDI provider in the Ministry of Taxes and Tax Collection are transferred data in structure and the terms determined by this Ministry in coordination with the operator of the nation-wide automated information system. The specified data are transferred in type of the electronic document;

1.8. confirmation of integrity and authenticity of electronic waybills is performed by application of the certified means of the EDS with use of certificates of open keys of persons which signed these electronic waybills. Confirmation of powers of responsible persons of participants of electronic document management on signing of electronic waybills is performed with use of attribute certificates;

1.9. identification of participants of electronic document management during creation of the electronic waybill is performed with use of the international identification numbers of participants of economic activity (global numbers of arrangement – Global Location Number (GLN) appropriated by system of automatic identification of GS1 of Belarus;

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