DECREE OF THE PRESIDENT OF THE REPUBLIC OF BELARUS

of October 18, 2007 No. 4

About state regulation of import of tobacco raw materials and tobacco products and modification and amendments in the Decree of the President of the Republic of Belarus of December 17, 2002 No. 28

According to part three of article 101 of the Constitution of the Republic of Belarus:

1. Determine that import to the Republic of Belarus of tobacco raw materials and tobacco products is performed without quantitative restrictions.

2. Reserve for the state exclusive right on implementation of import of tobacco raw materials and the tobacco products classified by codes 2401, 2402 and 2403 single Commodity nomenclatures of foreign economic activity of the Eurasian Economic Union.

The provision of part one of this Item does not extend to import to the Republic of Belarus:

tobacco raw materials and tobacco products organizers and participants of the international exhibitions and fairs as samples and exhibits;

the tobacco products intended for realization in duty-free shops, and also realized in such shops;

cigarettes the organizations - tobacco product manufacturers as the samples intended for quality control and safety, for measurements according to international standards, carrying out interlaboratory, comparative researches, measurements of the normalized parameters according to requirements of technical regulations of the Customs union, Eurasian Economic Union, calibration of the equipment, comparative tests, studying of design in number of no more than 10 thousand pieces of cigarettes in calendar god*.

______________________________

* For the purposes of this Decree calendar year is understood as the period from January 1 to December 31.

3. Realization of exclusive right of the state on implementation of import of tobacco raw materials is made by open joint stock company "The Grodno tobacco factory "Neman" and Tabak-invest limited liability company, tobacco products - the republican production and trade unitary enterprise "Belarustorg" of Administration of the President of the Republic of Belarus.

4. The agreements in foreign trade signed in accordance with the established procedure before entry into force of this Decree for import of tobacco products are performed before the termination of term of their operation, but no later than January 1, 2008, without the right of prolongation, tobacco raw materials - before the termination of term of their action.

5. Bring in the Decree of the President of the Republic of Belarus of December 17, 2002 No. 28 "About state regulation of production, turnover, advertizing and consumption of tobacco raw materials and tobacco products" (The national register of legal acts of the Republic of Belarus, 2002, No. 143, 1/4234; 2004, No. 27, 1/5326) following changes and amendments:

5.1. the fourth and fifth subitem 3.2 of Item 3 to state paragraphs in the following edition:

"wholesale of tobacco raw materials, except for sales of such raw materials by the legal entities exercising exclusive right of the state on implementation of import of tobacco raw materials;

wholesale purchase of tobacco raw materials, except for purchases of these raw materials by the legal entities exercising exclusive right of the state on implementation of import of tobacco raw materials;";

5.2. from Item 5 the word "import" to exclude;

5.3. in Regulations on the state regulation of production, turnover, advertizing and consumption of tobacco raw materials and tobacco products approved by the specified Decree:

to state the name of Chapter "Licensing of production and turnover of tobacco raw materials and tobacco products" in the following edition:

"Licensing of production and turnover (except for import and export) tobacco raw materials and tobacco products";

the second to exclude part from Item 2;

in Item 3:

to add part one after the words "and turnover" with words "(except for import and export)";

in part two of the word "Import of Tobacco Products, Wholesale, Retail Trade by Them" shall be replaced with words "Wholesale, retail trade by tobacco products,";

in word part three "import of tobacco products, wholesale and (or) retail trade by these" shall be replaced with words "wholesale and (or) retail trade tobacco";

in item 4:

in word part one", and also for import of raw materials for its needs" shall be replaced with words "without special permission (license)";

the second to exclude part;

from Item the word "import" to exclude;

the paragraph one of Item 8 to state in the following edition:

"8. Special permissions (licenses) for the activities connected with turnover (except for export and import) tobacco products, are cancelled by the bodies which granted the specified licenses in case of:";

from paragraph one of Item 9 of the word "import licenses of tobacco products," and "licenses" to exclude;

from Item 10 of the word "corresponding licenses", and "these licenses," to exclude;

in Item 13 of the word "and import" to exclude, the word is "performed" to be replaced with the word "is performed";

in Item 18:

state paragraph two in the following edition:

"imported by organizers and participants of the international exhibitions, fairs as samples and exhibits, and also imported as samples for certified testing, control of quality, safety, authenticity of tobacco products in the quantity established by regulating documents;";

to exclude from the paragraph of the fifth word "by the provision of the corresponding guarantees of customs payment according to the procedure specified by the legislation";

in Item 19:

third to state part in the following edition:

"The legal entities performing production and marking of tobacco products and also the legal entity exercising exclusive right of the state on implementation of import of tobacco products (daleeimporter) pay the cost of excise stamps according to the procedure, established by the Ministry of Finance.";

in part four of the word "and to individual entrepreneurs" shall be replaced with words ", performing production and marking of tobacco products, to the importer";

in Item 20:

in part one of the word "and to individual entrepreneurs" shall be replaced with words ", performing production and marking of tobacco products, to the importer";

the second to state part in the following edition:

"The excise stamps intended for marking of the imported tobacco products are implemented by customs authorities to the importer.";

state Item 21 in the following edition:

"21. The acquired legal entities performing production and marking of tobacco products the importer excise stamps are not subject to alienation or transfer in other forms to other persons, except for their transfers in accordance with the established procedure for drawing on tobacco products, and also return of unused excise stamps.";

exclude Item 24;

in Item 26:

in part one:

the paragraph one to state in the following edition:

"26. The importer shall provide fulfillment of requirements on:";

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info