PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of July 31, 2024 No. 306

About carrying out tenders on the right of implementation of import of alcoholic products

Based on part three of Item 2 of article 5 of the Law of the Republic of Belarus of August 27, 2008 "About state regulation of production and turnover of alcoholic, non-food alcohol-containing products and non-food ethyl alcohol" I decide No. 429-Z:

1. Approve Regulations on procedure for the organization and carrying out tenders on determination of the legal entities providing realization of exclusive right of the state on implementation of import of alcoholic products it (is applied).

2. Determine that the legal entities providing realization of exclusive right of the state on implementation of import of alcoholic products shall represent monthly no later than the 10th following reporting to the Ministry of anti-monopoly regulation and trade information on import amounts to the Republic of Belarus to alcoholic products, its realization and remaining balance in form, certain this Ministry.

3. This Decree becomes effective from the date of its official publication.

Approved the Presidential decree of the Republic of Belarus of July 31, 2024 No. 306

Regulations on procedure for the organization and carrying out tenders on determination of the legal entities providing realization of exclusive right of the state on implementation of import of alcoholic products

Chapter 1. General provisions

1. This Provision determines procedure for the organization and carrying out tenders on determination of the legal entities providing realization of exclusive right of the state on implementation of import of alcoholic products (further - tenders).

2. For the purposes of this provision terms and their determinations in the values established in the laws of the Republic of Belarus "About state regulation of production and turnover of alcoholic, non-food alcohol-containing products and non-food ethyl alcohol" and of October 14, 2022 No. 213-Z "About licensing are used".

3. Only legal entities of the Republic of Belarus can participate in tender (further, unless otherwise specified, - participants).

4. Subject of tender is provision of the right to implementation of import of alcoholic products in the calendar year following after year in which competition was held.

5. Tenders are open and are carried out at least once a year.

6. The organization and carrying out tenders are performed by the Interdepartmental commission on the organization and carrying out tenders on determination of the legal entities providing realization of exclusive right of the state on implementation of import of alcoholic products (further - the Interdepartmental commission).

7. The interdepartmental commission is permanent collegiate organ which part representatives of Administration of the President of the Republic of Belarus, Committee for State Security, Ministry of anti-monopoly regulation and trade, the Ministry of Internal Affairs, Ministry of Health, Ministry of Taxes and Tax Collection, Ministry of Finance, Ministry of Economics, State committee on standardization, the State Customs Committee, the Belarusian state concern of the food industry Belgospishcheprom, the Belarusian republican union of consumer societies are.

The chairman of the Interdepartmental commission is the Minister of anti-monopoly regulation and trade.

The staff of the Interdepartmental commission affirms the President of the Republic of Belarus.

8. Interdepartmental commission:

performs preparation and placement on the global computer Internet of the notice on carrying out tender (further - the notice);

registers the arriving competitive proposals of participants for participation in tender (further - competitive offers);

before opening of envelopes with competitive offers establishes at meeting criteria of determination of the participants who won competition (further - winners of tender), and methods of assessment of competitive offers;

performs opening of envelopes with competitive offers;

considers and estimates competitive offers, determines winners of tender or recognizes tender cancelled;

notifies participants on results of carrying out tender;

performs other functions according to this Provision.

9. Work of the Interdepartmental commission will be organized in the form of meetings.

Meetings of the Interdepartmental commission are held as required and are considered competent if at them there are at least two thirds of its structure.

Members of the Interdepartmental commission shall perform the powers personally (without the replacement right).

10. The decision of the Interdepartmental commission is made by open voting by a simple majority vote of members of this commission from number of attendees at meeting. In case of equal distribution of voices the decision for which the chairman of the Interdepartmental commission or his deputy voted is deemed accepted (in case of absence of the chairman).

The decision of the Interdepartmental commission is drawn up by the minutes of the Interdepartmental commission which are constituted by her secretary, vised by the members of the Interdepartmental commission who were present at meeting and signed by its chairman or his deputy (in case of absence of the chairman) and the secretary.

If the member of the Interdepartmental commission has special opinion according to the made decision, then such opinion is reflected in the minutes of the Interdepartmental commission or is applied in the form of the separate document to this protocol.

Decisions of the Interdepartmental commission are final and obligatory for all participants.

11. Organizational technical supply of work of the Interdepartmental commission is carried out by the Ministry of anti-monopoly regulation and trade.

Chapter 2. Organization of tender

12. The interdepartmental commission performs preparation of the notice which no later than 30 calendar days before start date of acceptance of competitive offers is posted in open access on the official site of the Ministry of anti-monopoly regulation and trade on the global computer Internet.

13. The notice shall contain the following data:

tender subject, including the list of types of alcoholic products with indication of their codes according to the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union (further - the CN FEA EEU), the right to implementation of which import is tender subject;

requirements imposed to participants, content and procedure for submission of competitive offers;

date, time and place of the beginning and end of acceptance of competitive offers;

name of the Interdepartmental commission, its location, numbers of contact telephone numbers and e-mail address (in the presence);

procedure, terms of response or change by participants of the competitive offers;

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