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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 "About the taxation" the Council of Ministers of the Republic of Belarus DECIDES: No. 411

1. Determine that:

1.1. subjects of managing of the program and technical means having the right in the presence at them 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);

______________________________

* For the purposes of this resolution the term "electronic waybills" is used in the value determined in subitem 2.1 of Item 2 of the Presidential decree of the Republic of Belarus of October 31, 2019 No. 411.

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 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, the participant of electronic document management the consignor and EDI provider are recognized;

1.5. electronic waybills are considered as created and acquire legal force, except as specified, established in part two of this subitem if they:

are signed by the EDS of responsible persons of participants of electronic document management 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 electronic messages created by the consignor 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 are considered as created and acquire legal force if they are 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 and are transferred to EDI provider;

1.6. transport and other documents are considered as created and acquire legal force if:

they are signed by the EDS of responsible persons of participants of electronic document management developed according to the national legal system of state member of the Eurasian Economic Union (further - EEU);

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

the trust to the EDS, and also transport and other document by 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 is established.

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;

1.8. 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;

1.10. information on electronic waybills, and also transport and other documents which is stored by EDI providers in information system of electronic document management is confidential.

Distribution and (or) provision by EDI providers of information specified in part one of this subitem without the consent of its owner, except for its provisions to tax and customs authorities according to subitem 1.7 of this Item, attracts responsibility, stipulated by the legislation.

Information specified in part one of this subitem can be provided based on the written request (other document constituted according to the legislation) no later than seven working days from the date of its obtaining if other term is not stipulated by the legislation:

to the involved expert, the specialist, the controlling (supervising) bodies when conducting checks;

to court;

to law enforcement agencies, bodies of forced execution, and also officials of these bodies in case of execution of the service duties by them;

to other bodies and their officials according to legal acts.

The certificate of the copy of the electronic waybill is made (if necessary) on requests of the bodies and officials specified in part three of this subitem, on a grant basis;

1.11. requirements imposed to EDI provider are:

compliance with law in the sphere of the circulation of electronic documents and EDS;

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