The agreement on rules of licensing in the field of foreign trade in goods

of June 9, 2009

The government of the Republic of Belarus, the Government of the Republic of Kazakhstan and the Government of the Russian Federation which are hereinafter referred to as with the Parties

for the purpose of implementation of the Agreement on single measures of non-tariff regulation concerning the third countries of January 25, 2008,

in view of intentions of the Parties on establishment of single trade regime concerning the third countries,

agreed as follows:

Article 1. Coverage

This agreement determines procedure for issue of the licenses and import permits and (or) commodity import included in the single inventory to which prohibitions or import restrictions or export by the State Parties of custom union within Eurasian economic community in trade with the third countries are applied (further - the single list).

Action of this agreement does not extend to export and (or) commodity import, subject to export control, for export and import of arms and military equipment, and also other military products.

Article 2. Basic concepts

In this agreement the concepts determined by article 1 of the Agreement on single measures of non-tariff regulation concerning the third countries of January 25, 2008 and also the following concepts are used:

the general license - the license granted to the participant of foreign trade activity based on the decision of the Party and granting the right to export and (or) import of separate type of the licensed goods in the quantity determined by the license;

the exclusive license - the license providing to the participant of foreign trade activity exclusive export right and (or) import of separate type of goods;

the one-time license - the license granted to the participant of foreign trade activity based on the foreign trade transaction which subject are the licensed goods, and granting the right to export and (or) import of these goods in certain quantity;

permission - the allowing document issued to the participant of foreign trade activity based on the foreign trade transaction which subject are the goods concerning which observation of export and (or) import in certain quantity is established;

the applicant - the participant of foreign trade activity representing to authorized state body of the executive authority of the state of the Party documents for the purpose of execution of the license or permission;

execution of the license - the actual commodity importation on customs areas of the states of the Parties from the third countries or commodity exportation from customs areas of the states of the Parties to the third countries concerning which the customs clearance based on the granted license is made.

Article 3. Conditions and procedure for issue of licenses

1. Authorized state bodies of the executive authority of the states of the Parties (further - authorized bodies) issue the following license types:

one-time;

general;

exclusive.

Issue of general and exclusive licenses by authorized body is performed in the cases provided by the decision of the Commission of custom union (further - the Commission).

2. The period of operation of the one-time license cannot exceed 1 years from start date of its action. Effective period of the one-time license can be limited by effective period of the contract in foreign trade (agreement) or effective period of the document which is the basis for licensing.

For goods concerning which quantitative restrictions are introduced the period of action of the license comes to an end in calendar year on which the quota is established.

Effective period of the general license cannot exceed one year from start date of its action, and for goods concerning which quantitative restrictions are introduced, comes to an end in calendar year on which the quota is established if other is not stipulated by the decision of the Commission.

Effective period of the exclusive license is established by the decision of the Commission in each case.

3. For execution of the license by the applicant the following documents are submitted to authorized body:

the application form for licensing which is filled in and drawn up according to the instruction about execution of the statement for licensing for export and (or) import of separate types of goods and execution of such license (further - the statement), according to appendix 1;

the electronic copy of the application in the format approved by the Commission created by means of the software developed by the Commission and transferred to participants of foreign trade activity on a grant basis. The participant of foreign trade activity can use own software which creates the electronic copy of the application in strict accordance with the format approved by the Commission;

the copy of the agreement in foreign trade (contract), appendix and (or) amendment to it (for the one-time license), and in case of lack of the agreement in foreign trade (contract) - the copy of other document confirming intentions of the Parties;

the copy of the document on registration in tax authority;

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