RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of March 19, 2008 No. 419

About approval of the Regulations on risk management system and some questions of interaction of customs authorities and republican state bodies within use of this system

According to Article 276 of the Customs code of the Republic of Belarus the Council of Ministers of the Republic of Belarus DECIDES:

1. Approve the enclosed Regulations on risk management system and some questions of interaction of customs authorities and republican state bodies within use of this system.

2. To the State Customs Committee to take necessary measures for implementation of this resolution.

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

Approved by the Resolution of Council of Ministers of the Republic of Belarus of March 19, 2008 No. 419

Regulations on risk management system and some questions of interaction of customs authorities and republican state bodies within use of this system

1. This Provision governs the relations connected with the organization of risk management system (further - RMS) in customs authorities, are determined powers of the State Customs Committee and customs on the organizations of risk management, and also some questions of interaction of customs authorities and republican state bodies or the organizations subordinated to them within use of the RMS.

2. The basic concepts used in the RMS:

risk analysis - systematic use of information which is available for customs authorities for identification of risks, the reasons and conditions of their origin;

risk indicators - the criteria determined by the State Customs Committee from which variation or their availability demands application concerning the goods moved (moved) through customs border of the Republic of Belarus, the corresponding transactions of customs control;

area of risk - the objects of risk or their set important for the customs purposes which can have among themselves certain communication, giving the grounds to assume that the customs legislation when moving goods through customs border of the Republic of Belarus can be violated or their room under customs regime or the procedure;

risk objects - goods of risk (goods of cover) or transport (transportation), business and customs papers or activities of persons in which actual possession there are goods of risk;

risk profile (orientation) - set of indicators of risk, and also the instruction on carrying out transactions of customs control by officials of customs authorities directed to prevention or risk minimization;

the strategy of risk management - the planned activities of the State Customs Committee directed to suppression of violation of the customs legislation, increase in efficiency of customs control and reducing time of its carrying out;

risk management tactics - set of actions taken by officials of customs authorities for identification of risks and acceptance of the adequate measures directed to suppression of violation of the customs legislation;

goods of risk - goods, including the vehicles moved (moved) through customs border the Republic of Belarus concerning which there are risks;

goods of cover - goods under the guise of which through customs border of the Republic of Belarus other goods move;

risk management - the systematic work on development and practical implementation of measures for prevention and risk minimization, efficiency evaluation of their application providing continuous collection and the analysis of information which is available for customs authorities.

3. The RMS purpose - creation of the modern system of customs administration providing implementation of effective customs control proceeding from the principle of optionality, optimal resource allocation of customs authorities on the most important and priority areas of work for the purpose of the prevention, identification and suppression of violations of the customs legislation:

having socially dangerous nature;

the customs duties connected with evasion from payment, taxes, and also from observance of prohibitions and import restrictions of the goods to the Republic of Belarus and their export from the Republic of Belarus established by the legislation and (or) international treaties of the Republic of Belarus on the bases of economic and not economic nature;

capable to do harm to the environment, life and health of citizens or the existing procedure for customs regulation.

4. Main objectives of the RMS:

identification of the reasons and conditions promoting making of customs offenses;

creation of the common information space providing functioning of the RMS;

development of techniques (programs) for identification of risks;

development and application of techniques of efficiency evaluation of the applied measures;

development and deployment of new software for information processing when using risk management system;

determination of possibility of prevention or risk minimization, and also determination of required resources and development of offers on their optimum distribution;

development and practical implementation of measures for prevention or risk minimization;

control of practical implementation of measures for prevention or risk minimization;

accumulating and information analysis about results of application of separate transactions of customs control or their set, and also about the reasons and conditions promoting making of customs offenses;

efficiency evaluation of the applied measures for risk management and in case of need implementation of adjustment of earlier made decisions.

5. The RMS is based on the principles providing the solution of the main objectives of customs authorities:

the target orientation consisting in subordination of all tasks of customs authorities and methods of their decision to the purposes of ensuring compliance with the customs legislation;

the integrity consisting in development and use by the State Customs Committee and customs of functional subsystems of risk management as elements of single system of customs authorities;

the information unity consisting in compatibility of information sources and single approaches to procedures of their processing and the analysis, and also interrelation of information both down, and across at all levels of customs administration (The State Customs Committee, customs);

the legality consisting in compliance of the taken measures for prevention or risk minimization to the current legislation;

unities of the risk management consisting in determination of single approaches to decision making on the taken measures for prevention or risk minimization.

6. The RMS includes the following elements:

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