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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of March 25, 2022 No. 172

About issue of the conclusion about possibility of destruction of the goods intended for the room under customs procedure of destruction

Based on part two of Item 2 of article 175 of the Law of the Republic of Belarus of January 10, 2014 "About customs regulation in the Republic of Belarus" and for the purpose of implementation of the Agreement on the Customs code of the Eurasian Economic Union of April 11, 2017 the Council of Ministers of the Republic of Belarus DECIDES: No. 129-Z

1. Approve Regulations on procedure for issue of the conclusion about possibility of destruction of the goods intended for the room under customs procedure of destruction it (is applied).

2. Recognize to invalid:

the resolution of Council of Ministers of the Republic of Belarus of May 21, 2007 No. 651 "About determination of the state body authorized on issue of the conclusion about possibility of destruction of the goods intended for the room under customs procedure of destruction and entering of amendment into the resolution of Council of Ministers of the Republic of Belarus of July 29, 2006 No. 962";

subitem 4.4 of item 4 of the resolution of Council of Ministers of the Republic of Belarus of October 14, 2011 No. 1374 "About the detained goods and ensuring discharge of duty on payment of customs duties, taxes, the special, anti-dumping, compensatory duties".

3. This resolution becomes effective since July 25, 2022.

Prime Minister of the Republic of Belarus

R. Golovchenko

Approved by the Resolution of Council of Ministers of the Republic of Belarus of March 25, 2022 No. 172

Regulations on procedure for issue of the conclusion about possibility of destruction of the goods intended for the room under customs procedure of destruction

1. This Provision determines procedure for issue of the conclusion about possibility of destruction of the goods intended for the room under customs procedure of destruction (further, unless otherwise specified, - the conclusion).

2. Issue of the conclusion is performed by territorial authority of the Ministry of Natural Resources and Environmental Protection in the place of destruction of the goods intended for the room under customs procedure of destruction (further - body of issue of the conclusion).

3. The conclusion is issued to the legal entity, physical person, including the individual entrepreneur interested in destruction of the goods intended for the room under customs procedure of destruction, according to customs procedure of destruction and having right to act as the customs applicant of this customs procedure according to the international treaties and acts constituting the right of the Eurasian Economic Union regulating customs legal relationship and the legislation on customs regulation (further - the interested person).

4. For receipt of the conclusion the interested person represents to body of issue of the conclusion:

the statement in form according to appendix 1;

the document confirming loss with goods of consumer properties in the territory of the Republic of Belarus;

copies of usage agreements, burial and (or) neutralization of the waste formed as a result of destruction of goods with the organizations operating objects for use of waste, the subjects to burial and (or) subjects to neutralization included respectively in the register of objects for use of waste and the register of objects of storage, burial and neutralization of waste.

5. The body of issue of the conclusion within 10 working days considers the documents submitted by the interested person and makes the decision on issue of the conclusion or on refusal in issue of the conclusion.

6. The decision on refusal in issue of the conclusion by body of issue of the conclusion is made in the cases provided in article 25 of the Law of the Republic of Belarus of October 28, 2008 No. 433-Z "About bases of ministerial procedures" and also in case of transfer of the waste which is formed as a result of destruction of the goods intended for the room under customs procedure of destruction on the objects which are not included in the register of objects for use of waste and (or) the register of objects of storage, burial and neutralization of waste.

7. The conclusion about possibility of destruction of the goods intended for the room under customs procedure of destruction is drawn up in form according to appendix 2 in duplicate. The conclusion is signed by the head of body of issue of the conclusion or its deputy and certified by official stamp. One copy is issued to the interested person, the second - is stored in body of issue of the conclusion with the documents submitted by the interested person.

8. The conclusion is issued for the term of destruction of the goods intended for the room under customs procedure of destruction.

The conclusion is issued:

to the head of the legal entity - in case of presentation of the document confirming his official position and also the document proving his identity;

to physical person, including the individual entrepreneur, - in case of presentation of the document proving his identity;

to the authorized representative of person specified in paragraphs second and third to this part - in case of presentation of the warrant for receipt of the conclusion, and also the document proving his identity.

9. The conclusion is terminated:

9.1. in connection with the expiration of its action specified in part one of Item 8 of this provision;

9.2. from the date of decision making about its cancellation:

in case of identification after issue of the conclusion of false information in the documents submitted for its obtaining;

if the interested person did not address for receipt of the conclusion within one month from the date of decision making about its issue.

10. The decision on cancellation of the conclusion is made by body of issue of the conclusion within three working days after establishment of the facts specified in paragraphs second and third subitem 9.2 of Item 9 of this provision.

11. The decision on cancellation made by body of issue of the conclusion can be appealed in the Ministry of Natural Resources and Environmental Protection.

12. Registration of the conclusions is performed by body of issue of the conclusions in the magazine of registration of the conclusions about possibility of destruction of the goods intended for the room under customs procedure of destruction in form according to appendix 3.

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