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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of May 8, 2024 No. 341

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 legal entity, the individual entrepreneur (further – the interested person) for receipt of approval of licensing for commodity exportation addresses in regional (The Minsk city) executive committee with submission of the following documents:

the statement in any form of approval of licensing for commodity exportation;

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.

3. The documents specified in Item 2 of this resolution (further – documents), are represented in regional (Minsk city) executive committee during acceptance of the interested person, or by means of mail service, or the courier (courier).

The bases for refusal in adoption of documents are:

the cases provided in Item 1 of article 17 of the Law of the Republic of Belarus of October 28, 2008 No. 433-Z "About bases of ministerial procedures";

discrepancy of the submitted documents to the requirements provided in Item 2 of this resolution.

4. Regional (The Minsk city) the executive committee within three working days from the date of receipt of documents sends them to the copy to the Ministry of Agriculture and Food (further – Ministry of Agriculture and Food Production) for review commodity exportation.

5. 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 or refusal in commodity exportation approval.

The basis for refusal in approval of commodity exportation is non-compliance for date of submission to Ministry of Agriculture and Food Production of documents of ratio of free resources in the Republic of Belarus and need of the Republic of Belarus on carrots – at least 80 percent, dining room beet – at least 80 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.

6. Regional (The Minsk city) the executive committee 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 approval of licensing for commodity exportation.

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 "About bases of ministerial procedures";

non-compliance for date of submission of documents in regional (The Minsk city) executive committee of ratio of free resources in the area Minsk) and need of the area (Minsk) on carrots – at least 80 percent, dining room beet – at least 80 percent;

lack of approval of commodity exportation by Ministry of Agriculture and Food Production.

7. 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.

8. 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.

9. 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 Item.

10. Operation of this resolution does not extend to goods:

the Republic of Belarus which is exported out of limits 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 the territory of the Republic of Belarus.

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

12. To the Ministry of Foreign Affairs to notify the Eurasian economic commission on introduction of the measure of non-tariff regulation specified in Item 1 of this resolution.

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