of April 10, 2024 No. 263
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 in coordination with regional executive committees (The Minsk Gorispolkom) according to the procedure, similar the established Rules of issue of licenses and import permits and (or) commodity import provided in 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 procedure of export.
2. The legal entity, the individual entrepreneur (further – the interested person) for receipt of approval of licensing for commodity exportation (further, unless otherwise specified, – the license) address to regional executive committee (The Minsk Gorispolkom) with submission of the following documents:
the statement in any form to approve licensing with reasonable request;
the application for licensing (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 certificate of self-produced products issued by the Belarusian Chamber of Commerce and Industry or its unitary enterprises or its copy or the certificate of origin confirming goods origin, issued by authorized organizations;
the copy of the contract in foreign trade (contract) for delivery of goods for export containing information on amounts and the prices of the delivered goods including appendices to it, specifications (in case of their availability).
3. The documents specified in Item 2 of this resolution are represented to regional executive committee (The Minsk Gorispolkom) during acceptance of the interested person, or by means of mail service, or the courier (courier).
4. Copies of the documents specified in Item 2 of this resolution within three working days from the date of their receipt in regional executive committee (The Minsk Gorispolkom) go to the Ministry of Agriculture and Food (further – Ministry of Agriculture and Food Production) with use of system of interdepartmental electronic document management of state bodies for review of commodity exportation.
5. Ministry of Agriculture and Food Production within five working days from the date of receipt of the documents specified in Item 2 of this resolution by results of their consideration sends to regional executive committee (The Minsk Gorispolkom) the letter on approval or on refusal in commodity exportation approval.
The bases for refusal in approval of commodity exportation are:
need of satisfaction (providing) of requirement of the domestic market of the Republic of Belarus for the goods declared to export;
availability of information that the interested person is not producer of goods.
6. The regional executive committee (The Minsk Gorispolkom) within 10 working days considers the documents which arrived from the interested person and in the presence of approval of commodity exportation of Ministry of Agriculture and Food Production makes the decision on approval or on refusal in licensing approval.
The bases for refusal in approval of licensing are:
liquidation (activities termination), death of the interested person;
submission of the documents and (or) data which are not conforming to requirements of the legislation, including false, forgery or invalid documents;
need of satisfaction (providing) of requirement of the domestic market of the Republic of Belarus for the goods declared to export;
availability of information that the interested person is not producer of goods;
lack of approval of commodity exportation of Ministry of Agriculture and Food Production.
7. Approval of licensing is performed by regional executive committee (The Minsk Gorispolkom) freely 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 regional executive committee (The Minsk Gorispolkom).
8. Licensing approval effective period – before date of issue of the license.
9. 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.
10. 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 Item 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.
11. Action of Items 1 and 10 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;
moved within the international transit carriages which are beginning outside customs area of EEU and coming to an end in state member 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.
12. Regional executive committees (The Minsk Gorispolkom) in coordination with Ministry of Agriculture and Food Production have the right to address to the Ministry of anti-monopoly regulation and trade with offers on suspension or cancellation of licenses.
13. Ministry of anti-monopoly regulation and trade:
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