DECISION OF COUNCIL OF THE EURASIAN ECONOMIC COMMISSION

of November 24, 2023 No. 125

About approval of rules of issue of the licenses and import permits and (or) commodity import included in the single inventory to which measures of non-tariff regulation in trade with the third countries are applied

According to Item 48 of the Protocol on measures of non-tariff regulation concerning the third countries (appendix No. 7 to the Agreement on the Eurasian Economic Union of May 29, 2014) and Item 19 (1) solved appendices No. 1 to the Regulations of work of the Eurasian economic commission approved by the Decision of the Supreme Eurasian economic council of December 23, 2014 No. 98, Council of the Eurasian economic commission:

1. Approve the enclosed Rules of issue of the licenses and import permits and (or) commodity import included in the single inventory to which measures of non-tariff regulation in trade with the third countries are applied.

2. This Decision becomes effective after 60 calendar days from the effective date of the Protocol on introduction of amendments to the Agreement on the Eurasian Economic Union of the May 29, 2014 signed on May 25, 2023.

Members of council of the Eurasian economic commission:

Approved by the Decision of Council of the Eurasian economic commission of November 24, 2023 No. 125

Rules of issue of the licenses and import permits and (or) commodity import included in the single inventory to which measures of non-tariff regulation in trade with the third countries are applied

I. General provisions

1. These rules are developed for the purpose of implementation of the Protocol on measures of non-tariff regulation concerning the third countries (appendix No. 7 to the Agreement on the Eurasian Economic Union of May 29, 2014) and determine procedure for issue of the licenses and import permits and (or) commodity import included in the single inventory to which measures of non-tariff regulation in trade with the third countries are applied, stipulated in Item 4 specified the Protocol.

2. For the purposes of these rules concepts which mean the following are used:

"the automatic mode" - the mode of issue (registration) of the license, permission in electronic form without participation of officials of authorized body;

"applicant" - the participant of foreign trade activity who submits to authorized body documents (data) for the purpose of execution of the license or permission;

"execution of the license" - the actual import to customs area of the Eurasian Economic Union or export from customs area of the Eurasian Economic Union of goods concerning which release by customs authorities based on the granted (drawn-up) license is made.

Other concepts used in these rules are applied in the values determined by the Protocol on measures of non-tariff regulation concerning the third countries (appendix No. 7 to the Agreement on the Eurasian Economic Union of May 29, 2014).

3. For issue (registration) of the license and duplicate of the license by authorized body the state fee (license fee) according to the procedure and the size, stipulated by the legislation state member of the Eurasian Economic Union is collected (further - state member).

4. Licenses and permissions are issued drawn up) on each goods classified according to the CN FEA EEU to whom licensing or automatic licensing (observation) is applied.

5. The information about the officials of authorized body given right to sign of licenses and permissions, specimen signatures of such officials and also samples of prints of seals of authorized bodies goes to the Eurasian economic commission (further - the Commission) for the notification of customs authorities of state members.

6. The documents (data) submitted for issue (registration) of the license or permission and also the documents confirming execution of the license are subject to storage in authorized bodies within 3 years from expiry date of the license or permission or from decision date about cancellation of the license.

After the specified term documents are destroyed according to the procedure, established by the legislation of state member in which were issued the license or permission (are drawn up).

7. Authorized bodies perform maintaining the database of the granted licenses and permissions and represent to customs authorities of other state members at the request of data on the granted (drawn-up) licenses and permissions.

II. Procedure for issue of licenses

8. The statement on licensing and the license are drawn up according to the Instruction according to appendix No. 1.

If the legislation of state member provides issue (registration) of the license in electronic form, issue (registration) of such license or refusal in its issue (registration) can be performed by authorized body of this state member in the automatic mode if it is stipulated by the legislation state member.

9. Effective period of the one-time license cannot exceed 1 year from start date of its action and can be limited by effective period of the agreement in foreign trade (contract), and in case of lack of the agreement in foreign trade (contract) - other document confirming intentions of the parties (further - the agreement (contract)), or effective period of the document which is the basis for issue (registration) of the license.

For goods concerning which quantitative restrictions of export and (or) import in the form of export and (or) import quotas are introduced either the import quota or special quota as special protective measure, or the tariff quotas, effective period of the one-time license comes to an end in calendar year on which the quota is established.

Effective period of the general license cannot exceed 1 year from start date of its action, and for goods concerning which quantitative restrictions of export and (or) import in the form of export and (or) import quotas or the tariff quotas are introduced, comes to an end in calendar year on which the quota is established if other is not established by the decision of the Commission which enters adequate measure.

Effective period of the exclusive license is established by the Commission in each case.

10. For execution of the license by the applicant or his representative having confirmation of appropriate authority on paper (in case of filing of application on paper) or electronically (further - the representative), the following documents and (or) data are submitted to authorized body:

a) the application on licensing issued according to the Instruction provided by appendix No. 1 to these rules (further - the statement on licensing);

b) the electronic copy of the application on licensing in the format determined by the legislation of state member in case of filing of application on paper;

c) copies of the agreement (contract), appendices and (or) amendments to it (for the one-time license).

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