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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of October 14, 2011 No. 1374

About the detained goods and ensuring discharge of duty on payment of customs duties, taxes, the special, anti-dumping, compensatory duties

(as amended on 25-07-2023)

Based on Item 2 of Article 46, of Item 5 of Article 51, of Item 5 of Article 52, of Item 2 of Article 53, 1, of Items 2 and 3 of Article 54, of Item 9 of Article 190, of Item 3 of Article 285, Articles 286, of Item 3 of article 288 of the Law of the Republic of Belarus of January 10, 2014 No. 129-Z "About customs regulation in the Republic of Belarus" the Council of Ministers of the Republic of Belarus DECIDES: Item parts two

1. Approve:

The regulations on the goods detained by customs authorities (are applied);

The regulations on conditions and procedure for recognition of legal entities and individual entrepreneurs as the guarantor before customs authorities (are applied);

The regulations on application of general ensuring discharge of duty on payment of customs duties, taxes, the special, anti-dumping, compensatory duties (are applied);

The regulations on procedure for use of the certificate on the provided providing (are applied);

The regulations on procedure for filling of calculation of the amount of ensuring discharge of duty for payment of customs duties, taxes concerning goods for private use (are applied).

2. Determine that:

2.1. provision of ensuring discharge of duty on payment of customs duties, taxes and ensuring discharge of duty on payment of the special, anti-dumping, compensatory duties concerning the foreign goods placed under customs procedure of customs transit is not required if customs authority of departure and customs authority of appointment is the customs authority of the Republic of Belarus and these goods:

are the raw materials, materials, component parts, the equipment intended for production (works, services) of own production, products of their conversion, remaining balance of the goods formed as a result of making of transactions on conversion and placed in customs procedures of conversion on customs area or conversions for internal consumption, by the waste formed as a result of such conversion and also the reusable tare used for transportation of the specified goods; about receivers (senders – when exporting of the specified type of goods), names and codes of such goods at the level at least first six signs according to the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union the State Customs Committee is informed by the interested republican state body or other state organization subordinated to the Government of the Republic of Belarus, and their customs declaring when placing under customs procedure of customs transit is performed by the legal entity (or the individual entrepreneur) registered according to the legislation of the Republic of Belarus;

have nature of foreign free aid and (senders – when exporting of the specified type of goods) the State Customs Committee is informed by Department on humanitarian activities of Administration of the President of the Republic of Belarus on their receivers.

Provisions of part one of this subitem are not applied if the receiver (the sender – when exporting) or carrier of the foreign goods placed under customs procedure of customs transit has obligation unexecuted at the scheduled time on customs payment, the special, anti-dumping, compensatory duties, penalty fee, percent;

2.2. excluded

2.3. if in case of determination of the amount of ensuring discharge of duty or ensuring discharge of duty on payment of the special, anti-dumping, compensatory duties it is impossible to determine by payment of customs duties, taxes precisely the amount of the customs duties which are subject to payment, taxes, the special, anti-dumping, compensatory duties in connection with non-presentation in customs authority of exact data on the goods placed under customs procedure of customs transit, calculation of the amount of such providing is made proceeding from:

the largest size of rates of the import customs duties established concerning goods proceeding from their classification code according to the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union at the level of the first six signs if the customs applicant does not declare classification code with large number of signs;

the largest size of rates of taxes which are established in state members of the Eurasian Economic Union;

the goods weight gross specified in the transit declaration if concerning such goods the specific rate of import customs duty determined for unit of measure of leviable goods in kind is established.

3. Determine:

the list of separate types of goods concerning which the fixed amount of ensuring discharge of duty on payment of customs duties, taxes, according to appendix 1 is established;

form of calculation of the amount of ensuring discharge of duty for payment of customs duties, taxes concerning goods for private use according to appendix 2.

4. Make changes and additions to the following resolutions of Council of Ministers of the Republic of Belarus:

4.1. Item 1 of the resolution of Council of Ministers of the Republic of Belarus of June 27, 2003 No. 869 "About some measures for streamlining of customs clearance of the goods imported from the Russian Federation" (The national register of legal acts of the Republic of Belarus, 2003, No. 74, 5/12702; 2005, No. 145, 5/16529; 2007, No. 68, 5/24867; 2008, No. 40, 5/26758; 2009, 44, 5/29299) to exclude No.;

4.2. in the resolution of Council of Ministers of the Republic of Belarus of July 4, 2006 No. 829 "About establishment of rates for services in maintenance (obligatory maintenance) of the goods and vehicles including which are under customs control, moved on the territory of the Republic of Belarus automobile and by rail (except for services in customs escort)" (The national register of legal acts of the Republic of Belarus, 2006, No. 108, 5/22544):

4.2.1. state the name in the following edition:

"About establishment of rates for services in maintenance (the customs escort obligatory for maintenance) of the goods and (or) vehicles moved on the territory of the Republic of Belarus automobile and by rail";

4.2.2. in Item 1 of the word" (to obligatory maintenance) the goods and vehicles including which are under customs control, moved on the territory of the Republic of Belarus automobile and by rail (except for services in customs escort)" shall be replaced with words "(to the customs escort obligatory for maintenance) the goods and (or) vehicles moved on the territory of the Republic of Belarus automobile and by rail";

4.2.3. to state the name of appendix to this resolution in the following edition:

"Rates for services in maintenance (the customs escort obligatory for maintenance) of the goods and (or) vehicles moved on the territory of the Republic of Belarus automobile and by rail";

4.3. Ceased to be valid according to the Resolution of Council of Ministers of the Republic of Belarus of 20.06.2013 No. 503

4.4. ceased to be valid according to the Resolution of Council of Ministers of the Republic of Belarus of 25.03.2022 No. 172

4.5. in Regulations on the procedure for creation and designation of customs control zones and requirements to them approved by the resolution of Council of Ministers of the Republic of Belarus of May 24, 2007 No. 674 (The national register of legal acts of the Republic of Belarus, 2007, No. 131, 5/25262; 2008, No. 15, 5/26598):

4.5.1. in Item 5:

in paragraph three of the word "and customs clearance" shall be replaced with words ", customs declaring and release";

the fourth to state the paragraph in the following edition:

"the territories of warehouses of temporary storage, customs warehouses, free warehouses and duty-free shops determined by their owners in coordination with customs authorities;";

4.5.2. in Item 6 of the word "liquidation of warehouse of temporary storage, customs warehouse, free warehouse and duty-free shop or the termination of functioning of free customs zone" shall be replaced with words "the termination of functioning of warehouse of temporary storage, customs warehouse, free warehouse, duty-free shop or free customs zone";

4.5.3. add Item 7 with the paragraph the fifth the following content:

"for the purposes of storage of the goods placed under customs procedure of customs warehouse which because of the big dimensions cannot be placed under customs locks, in other places, than customs warehouses.";

4.5.4. in Item 8:

the fourth to state the paragraph in the following edition:

"warehouse keeper of temporary storage, customs warehouse, free warehouse, duty-free shop or free customs zone.";

the fifth to exclude the paragraph;

4.5.5. add Item 9 with the paragraph the fourth the following content:

"on motivated request of person having the right to act as the customs applicant of goods which because of the big dimensions cannot be placed under customs locks, of the customs warehouse interested in storage of such goods according to customs procedure in being at this person in property (economic maintaining, operational management) or lease places, others, than customs warehouses.";

4.5.6. to exclude from part two of Item 10 of the word "in scale 1:500" and "in scale 1:1000";

4.5.7. to exclude from Item 11 of the word "in scale 1:500";

4.5.8. the fourth to state the paragraph to part one of Item 13 in the following edition:

"the term for which the customs control zone, and the information about persons, the specified in paragraphs three and the fourth Item 9 of this provision respectively is created;";

4.5.9. third to state the paragraph to part two of Item 14 in the following edition:

"goes to the persons specified in paragraphs three and the fourth Item 9 of this provision respectively.";

4.5.10. state Item 17 in the following edition:

"17. In case of creation of the temporary customs control zone on motivated request of persons, the specified in paragraphs three and the fourth Item 9 of this provision respectively, it can be equipped with barrier and check system.

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