RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of December 22, 2023 No. 931

About licensing of export of separate types of goods

Based on articles 29 and 47 of the Agreement on the Eurasian Economic Union of May 29, 2014 and subitem 1.5 of Item 1 of the Presidential decree of the Republic of Belarus of April 5, 2016 "About state regulation of foreign trade activity" the Council of Ministers of the Republic of Belarus DECIDES: No. 124

1. Determine that under the one-time licenses granted by the Ministry of anti-monopoly regulation and trade (further – licenses) in coordination with regional (Minsk city) executive committees according to the procedure, similar the established Rules of issue of licenses and import permits and (or) commodity import provided by appendix to 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), perform export:

out of limits of the Republic of Belarus in state members of the Eurasian Economic Union (further – EEU) goods according to appendix regardless of their origin (further – goods);

out of limits of customs area of EEU in the Republic of Belarus to the states which are not state members of EEU, goods in case of their room under customs procedures of export, temporary export, outward processing and re-export (further – customs procedures).

2. The interested person (his representative) for receipt of approval of licensing for commodity exportation addresses in regional (The Minsk city) executive committee with submission of the following documents:

the letter in any form to approve licensing for commodity exportation with reasonable request;

the application (in duplicate) issued according to the Instruction about execution of the statement on licensing for export and (or) import of separate types of goods and about execution of such license approved by the Decision of Board of the Eurasian economic commission of November 6, 2014 No. 199;

the document certifying the right to representation of interests of the interested person.

3. Regional (The Minsk city) the executive committee within three working days from the date of receipt of documents for receipt of approval of licensing performs check of completeness of the submitted documents and data containing in them by results of which sends documents to the Ministry of Agriculture and Food (further – Ministry of Agriculture and Food Production) for review commodity exportation with use of system of interdepartmental electronic document management of state bodies or refuses adoption of documents in cases of non-presentation of documents (data) in full, their discrepancies to the requirements provided in Item 2 of this resolution.

4. Ministry of Agriculture and Food Production within five working days from the date of receipt of documents by results of their consideration directs in regional (The Minsk city) executive committee approval of commodity exportation or refusal in such approval.

The bases for refusal in approval of commodity exportation are:

non-presentation of the documents specified in Item 2 of this resolution;

non-compliance for date of submission to Ministry of Agriculture and Food Production of the documents specified in Item 2 of this resolution, ratio of free resources in the Republic of Belarus and need of the Republic of Belarus on onion other – at least 80 percent, to apples – at least 30 percent.

Approval of commodity exportation is performed by Ministry of Agriculture and Food Production by putting down on the statement, the specified in paragraph three of Item 2 of this resolution, signature of person authorized on approval and impress of a seal of Ministry of Agriculture and Food Production.

5. Approval of licensing for commodity exportation is performed regional (To the Minsk city) by executive committee free of charge within 10 working days.

The bases for refusal in approval of licensing for commodity exportation are:

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";

non-compliance for date of giving in regional (The Minsk city) executive committee of the documents specified in Item 2 of this resolution, ratio of free resources in the area Minsk) and need of the area (Minsk) on onion other – at least 80 percent, to apples – at least 30 percent;

lack of approval of Ministry of Agriculture and Food Production.

Approval of licensing for commodity exportation is performed regional (To the Minsk city) by executive committee by putting down on the statement, the specified in paragraph three of Item 2 of this resolution, signature of person authorized on approval and impress of a seal regional (The Minsk city) executive committee.

Effective period of approval of licensing for commodity exportation – before date of issue of the license.

6. The public institution "Main state inspectorate for seed farming, quarantine and protection of plants" and its territorial organizations in areas perform issue of phytosanitary certificates to the Republic of Belarus which is exported out of limits goods in the presence of the license for their export.

7. The measure of non-tariff regulation specified in Item 1 of this resolution extends also to goods which are placed under customs procedures in the Republic of Belarus before entry into force of this resolution and whose actual evacuation out of limits of the Republic of Belarus according to customs procedures is performed after entry into force of this resolution.

8. Action of Items 1 and 7 of this resolution does not extend to goods:

the Republic of Belarus which is exported out of limits in the state members of EEU and state which are not state members of EEU for rendering the international humanitarian assistance to foreign states based on decisions of the Government of the Republic of Belarus, and also as supplies;

moved within the international transit carriages which are beginning and coming to an end outside customs area of EEU;

placed under the customs procedures in the state member of EEU other than the Republic of Belarus moved with transit through the territory of the Republic of Belarus;

moved within the international transit carriages which are beginning outside customs area of EEU and coming to an end in state member of EEU.

9. To the State Customs Committee provide control of commodity exportation according to the paragraph to third Item 1 of this resolution.

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