of June 3, 2023 No. 365
About procedure for forming and maintaining inventories
1. Approve Regulations on procedure for forming and maintaining inventories (groups of goods), import to the territory of the Republic of Belarus and introduction in which civil circulation are allowed without consent (permission) of owners from foreign states it (is applied).
2. This resolution becomes effective after its official publication.
Prime Minister of the Republic of Belarus R. Golovchenko
Approved by the Resolution of Council of Ministers of the Republic of Belarus of June 3, 2023 No. 365
1. This Provision determines procedure for forming and maintaining inventories (groups of goods), import to the territory of the Republic of Belarus and introduction in which civil circulation are allowed without consent (permission) of owners from foreign states (further - goods), and also information which is subject to reflection in them.
3. Forming of preliminary inventories is performed by the republican state bodies realizing state policy and exercising legal regulation and control in certain industry (field of activity) and other organizations subordinated to the Government of the Republic of Belarus (further - authorized bodies (organizations), depending on goods type.
4. Inclusion of goods in the preliminary inventory is performed by authorized bodies (organizations) on condition of need of import to the territory of the Republic of Belarus and introduction in civil circulation of goods in which are applied (contain, are included) intellectual property items, without consent (permission) of owners from the foreign states including making unfriendly actions for the purpose of creation of conditions for increase in internal stability of economy.
5. State bodies (organizations), the Republic of Belarus subordinate and (or) accountable to the President, the National academy of Sciences of Belarus, republican state bodies and other organizations subordinated to the Government of the Republic of Belarus, regional (The Minsk city) executive committees (further - the interested bodies (organizations) send to authorized bodies (organizations) of the offer on inclusion of goods in the preliminary inventory (further - offers).
By the interested bodies (organizations) offers based on the analysis of addresses of citizens and legal entities can be prepared.
6. Reasons for need of inclusion of goods in the inventory shall be applied to offers of the interested bodies (organizations).
Reasons for need of inclusion of goods in the inventory shall contain:
information on observance of condition of inclusion of the goods in the inventory specified in item 4 of this provision;
the reasons of need of import to the territory of the Republic of Belarus and introduction in civil circulation of goods in which it is applied (contains, it is included) intellectual property item;
information on absence or insufficiency of the interchangeable (similar) goods made in the territory of the Republic of Belarus, or lack of the confirmed possibility of use of interchangeable (similar) goods in the corresponding field of activity.
Reasons for need of inclusion of goods in the inventory also may contain:
amounts and dynamics of commodity import in absolute and relative measures to total production or consumption in the Republic of Belarus of such goods;
the expected effect of inclusion of goods in the inventory.
7. Authorized bodies (organizations) based on the analysis of situation in domestic market in the corresponding field of activity and taking into account offers of the interested bodies (organizations) make the decision on inclusion of goods in the preliminary inventory by adoption (edition) of the decision of board (order).
8. The decision of board (order) on inclusion of goods in the preliminary inventory (further - the decision of board (order) shall (shall) contain the following information:
description of goods;
commodity code according to the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union (there are at least the first four signs of classification code).
The decision of board (order) if necessary may contain:
the trademark, geographical specifying applied in goods;
numbers of registration (certificates) of the trademark, the geographical specifying applied in goods;
information about the owner of the trademark, the geographical specifying applied in goods (surname, own name, middle name (if that is available) physical person, the country of its residence, the name of the organization, the country of its location).
The data provided in part two of this Item are specified in case of their availability in databases of the objects of the right of industrial property posted on the global computer Internet on the official sites of public institution "National center of intellectual property" or World Intellectual Property Organization.
The draft decision of board (order) containing the data provided in part two of this Item is approved by authorized body (organization) with the State committee on science and technologies, and also if necessary with other interested.
9. The copy of the decision of board (order) within three working days from the date of its acceptance (edition) goes authorized body (organization) to the Ministry of anti-monopoly regulation and trade (further - MART). The reasons for need of inclusion of goods in the inventory prepared by authorized body (organization) with observance of the requirements established in Item 6 of this provision shall be applied to the copy of the decision of board (order).
10. MARCH generalizes the documents submitted by authorized bodies (organizations) and sends them to the Ministry of Economics for submitting for examination of the Commission on questions of the industrial policy formed according to the resolution of Council of Ministers of the Republic of Belarus of June 22, 2015 No. 525 "About the Commission on questions of industrial policy" (further - the Commission).
11. Within accomplishment of the tasks provided in subitems 3. 6, 3.7 and 3.9 Items 3 of the Regulations on the Commission on questions of industrial policy approved by the resolution of Council of Ministers of the Republic of Belarus of June 22, 2015 No. 525, the Commission is estimated by feasibility of inclusion of goods in the inventory, including taking into account possibility of satisfaction of demand for consumer goods, policy of import substitution and risks for national production.
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