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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of October 5, 2024 No. 736

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 established by 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 approved by the Decision of Council of the Eurasian economic commission of November 24, 2023 No. 125 are applied (further – Rules) export is performed:

out of limits of the Republic of Belarus in state members of the Eurasian Economic Union (further – EEU) the goods according to appendix occurring from the territory of the Republic of Belarus (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 (in duplicate) issued according to appendix No. 1 to Rules;

the certificate of self-produced products issued by the Belarusian Chamber of Commerce and Industry or its unitary enterprises or its copy;

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:

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";

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. Approval of licensing is performed before date of its issue.

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 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:

makes decisions on suspension or cancellation of licenses in the cases specified in Rules and also in case of receipt from regional executive committees (The Minsk Gorispolkom) of relevant proposals;

monthly to the 5th informs Ministry of Agriculture and Food Production on the licenses and amounts of the goods which are subject to export out of limits of the Republic of Belarus granted to participants of foreign trade activity.

14. 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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