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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 20-01-2022)

Based on Item part two 2, of Item 3 of Article 108, of part two of Item 1 of Article 139, of Article 140, of Item 3 of article 142 of the Law of the Republic of Belarus of January 10, 2014 No. 129-Z "About customs regulation in the Republic of Belarus", the Customs code of the Eurasian Economic Union the Council of Ministers of the Republic of Belarus DECIDES:

1. Approve:

The regulations on procedure for expense recovery on storage of the detained goods demanded before the expiration of fixed terms of their storage, return of the detained goods which were not demanded at the scheduled time of their storage, compensation for expenses of the republican budget for transportation, storage and other expenses connected with realization of these goods, and return of the amounts received from realization of detainees of goods (are applied);

The regulations on conditions and procedure for recognition of legal entities and individual entrepreneurs as the guarantor before customs authorities (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 (further – providing) 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 establishment of the amount of providing it is impossible to determine precisely the amount of the customs duties which are subject to payment, taxes owing to non-presentation in customs authority of exact data on the goods placed under customs procedure of customs transit, calculation of the amount of 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;

total weight of the goods with all types of the packaging materials and container ensuring its safety in the course of transportation 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. Establish the fixed amount of ensuring discharge of duty on payment of customs duties, taxes concerning separate types of goods according to appendix.

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

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