of June 30, 2007 No. 860
About approval of the Regulations on procedure for transfer to state bodies of information obtained by customs authorities
Based on Item 2 of article 6 of the Law of the Republic of Belarus of January 10, 2014 "About customs regulation in the Republic of Belarus" the Council of Ministers of the Republic of Belarus DECIDES: No. 129-Z
1. Approve Regulations on procedure for transfer to state bodies of information obtained by customs authorities it (is applied).
2. To republican state bodies to bring the regulatory legal acts into accord with this resolution.
Prime Minister of the Republic of Belarus
Approved by the Resolution of Council of Ministers of the Republic of Belarus of June 30, 2007 No. 860
1. This Provision determines procedure for transfer of information obtained by customs authorities, except for data of customs statistics of foreign trade in goods of the Republic of Belarus with the states which are not members of the Eurasian Economic Union, and statistics of mutual trade in goods of the Republic of Belarus with state members of the Eurasian Economic Union, to state bodies if such information is necessary for them for the solution of the tasks assigned to them by the laws and (or) acts of the President of the Republic of Belarus.
2. The Item is excluded according to the Resolution of Council of Ministers of the Republic of Belarus of 02.06.2021 No. 302
3. Customs authorities transfer to the interested state bodies information free of charge.
4. For single receipt of information the interested state body sends the written request to customs authority.
5. The request shall be signed by the head of the interested state body (his deputy) or the other person having according to legal acts rights to request information, and to contain the following data:
the name of the interested state body, its stays this about the place;
list of required information;
information transfer method;
in need of information transfer to person authorized by the interested state body – surname, own name, middle name (if that is available), position of such person;
the reference to structural element of the law and (or) the act of the President of the Republic of Belarus according to whom the task for which solution required information or according to which the interested state body or its official is granted the right to request is necessary is assigned to the interested state body or the obligation is established to transfer it information.
In case of need transfers of information to state body till 30 days for the purpose of execution of orders of the President of the Republic of Belarus or the Government of the Republic of Belarus in request reference to the order of the President of the Republic of Belarus or the Government of the Republic of Belarus is made and the term of transfer of such information is specified.
6. By results of consideration of request the customs authority transfers information:
within 30 days from the date of receipt of request;
in time, specified in request of court, the body conducting administrative process, the body performing operational search activities, body of inquiry, person making inquiry, the investigator, the prosecutor and also in the case determined by part two of Item 5 of this provision;
in time, established by the law and (or) the act of the President of the Republic of Belarus.
7. The request of the interested state body is denied by customs authority in the following cases:
if the request does not conform to the requirements specified in Item 5 of this provision;
if information requested by the interested state body is transferred according to Item 8 of this provision;
if the customs authority has no information requested by the interested state body.
The customs authority sends to the interested state body the notification on request variation with indication of the reasons of information transfer, specified in request in time, and in case of its absence within 10 working days from the date of receipt of request.
8. In need of receipt of information by state body from customs authorities on permanent basis or during the certain period the list, format of information and terms of its transfer are determined by agreements between the State Customs Committee and state body, and in case of reclamation of information, distribution and (or) provision of which is limited, transferred with observance of requirements of the legislation on information, informatization and information security, – the joint local legal act.
9. The type and format transferred to the interested state body of information is determined by customs authority in coordination with the interested state body taking into account features of its storage and amount.
In case of transfer of information in electronic form by customs authority the material data carrier is provided by the interested state body.
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