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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of March 27, 2008 No. 178

About procedure for carrying out and control of the foreign trade transactions

(The last edition from 22-12-2018)

For the purpose of enhancement of procedure of foreign trade activity by legal entities and individual entrepreneurs:

1. Determine that:

1.1. for the purposes of this Decree terms and concepts are used in the following values:

the agreement in foreign trade - the contract between the resident and the nonresident providing paid transfer of goods, the protected information, exclusive rights on results of intellectual activities, performance of works, rendering services;

foreign trade transaction:

each export shipment of goods according to the separate customs declaration within one agreement in foreign trade (set of the specified shipments performed within one agreement in foreign trade within one day according to the corresponding customs declarations which are drawn up by one customs authority and in case making of customs transactions is not made, - according to the separate shipping document (documents) which shall be completed by the cash receipt or different ways provided in subitem 1.7 of this Item;

each stage of performance of works, rendering services, transfers of the protected information, exclusive rights on results of intellectual activities within one agreement in foreign trade (set of the specified stages performed within one agreement in foreign trade within one day) which is drawn up by the act of priyemkesdacha of the performed works the rendered services, the obtained protected information, exclusive rights on results of intellectual activities or other document (other documents), stipulated by the legislation the Republic of Belarus or the state which is the location (permanent address) of the nonresident partner who shall be completed by the cash receipt or different ways provided in subitem 1.7 of this Item;

each registered payment within one agreement in foreign trade (set of the payments registered within one agreement in foreign trade by one bank within one operational day) which shall be completed by goods receipt (the protected information, exclusive rights on results of intellectual activities), the performance of works, rendering services or different ways provided in subitem 1.9 of this Item;

date of performance of works (rendering services, obtaining or transfer of the protected information, exclusive rights on results of intellectual activities) - signature date the parties of the act of acceptance of the performed works (the rendered services, the obtained protected information, exclusive rights on results of intellectual activities) or other document, stipulated by the legislation the Republic of Belarus or the state which is the location (permanent address) of the nonresident partner, confirming the obligation fulfillment fact on the foreign trade transaction (in cases when signing of the specified documents is not provided, - the date determined by National Bank), and also:

when implementing international carriages - the date of receipt of load by the consignee celebrated by it in shipping documents;

when rendering services in conversion of raw materials of the customer - shipping date (receipts) of the finished goods made from these raw materials;

import - receipt of goods by the resident (including according to the transactions which are not connected with movement of goods through Frontier of the Republic of Belarus), the protected information, exclusive rights on results of intellectual activities, the performed works, the rendered services on paid basis from the nonresident;

nonresidents:

physical persons - foreign citizens and stateless persons, except for the foreign citizens and stateless persons having the residence permit in the Republic of Belarus;

the legal entities created according to the legislation of foreign states with the location outside the Republic of Belarus, and also their branches and representations which are in the Republic of Belarus and beyond its limits;

the organizations, not being legal entities, created according to the legislation of foreign states, with the location outside the Republic of Belarus, and also their branches and representations which are in the Republic of Belarus and beyond its limits;

the diplomatic and other official representations, consular establishments of foreign states which are in the Republic of Belarus and beyond its limits;

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