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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of February 16, 2012 No. 71

About procedure for licensing of the types of activity connected with specific goods (works, services)

(as amended on 18-06-2021)

For the purpose of enhancement of state regulation of licensing of the types of activity connected with specific goods (works, services) for the benefit of ensuring national security I decide:

1. Approve Regulations on procedure for licensing of the types of activity connected with specific goods (works, services) it (is applied).

2. Determine that:

2.1. The state military-industrial committee (concerning military products) and Committee for State Security (concerning cryptographic information security and means of secret receipt of information) based on the decision of the Interdepartmental commission on military technically cooperation and export control under the Security Council of the Republic of Belarus make issue of special permissions (licenses) for implementation of the types of activity connected with specific goods (works, services) (further - licenses), prolongation of term of their action, introduction of changes in them and (or) the amendments (concerning change and (or) amendment of the list of works and (or) services, the list of specific goods specified in the license concerning which works are performed and (or) services), suspension, the termination, renewal of their action, their cancellation according to Regulations on procedure for licensing of types of activity are rendered, connected with specific goods (works, services), the approved this Decree;

2.2. the legal entities of the Republic of Belarus having licenses (further - legal entities), till July 1, 2012 shall provide accomplishment of the licensed requirements and conditions provided by this Decree if such requirements and conditions change in relation to the licensed requirements and conditions determined by the acts of the legislation existing till May 1, 2012 and to submit within licensing authorities within the specified term written information on ensuring accomplishment of licensed requirements and conditions.

In case of non-compliance with the requirements and conditions provided in part one of this subitem, licenses since July 1, 2012 are terminated and their originals (duplicates) till July 15, 2012 are subject to delivery in licensing authorities;

2.3. legal entities shall address to the relevant licensing organ for modification and (or) amendments of licenses according to this Decree:

2.3.1. till July 1, 2012 - in case of intention to perform works and (or) to render services concerning specific goods which till May 1, 2012 did not constitute the licensed types of activity connected with specific goods (works, services) which are subject to licensing according to this Decree. At the same time legal entities have the right to perform such works and to render services without modification and (or) amendments of licenses till June 30, 2012;

2.3.2. for exception of licenses of the works and (or) services which are not subject to licensing since May 1, 2012 according to subitem 2.7 of this Item;

2.3.3. for reduction in compliance with this Decree of data on the works and (or) services constituting the licensed type of activity, on the special licensed requirements and conditions specified in licenses;

2.4. legal entities have the right:

2.4.1. not prolong during the period from the date of official publication of this Decree before its entry into force effective period of the licenses including only those constituting types of activity of work and (or) service which are not subject to licensing according to subitem 2.7 of this Item;

2.4.2. perform activities based on the licenses granted till May 1, 2012 on condition of observance of the requirements provided in part one of subitem 2.2 of this Item before the expiration of their action. Modification and (or) the amendments specified in subitems 2.3.2 and 2.3.3 of this Item in the license is made when entering into them of other changes and (or) amendments, and also in case of prolongation of term of their action after May 1, 2012.

If in case of prolongation of effective period of the licenses specified in part one of this subitem introduction of changes in them and (or) amendments according to this Decree at the same time is performed, and also in case of modification and (or) the amendments specified in subitem 2.3.1 of this Item, the state fee for introduction of such changes and (or) amendments is not levied;

2.5. the legal entities performing works and (or) rendering services concerning specific goods which on the date of entry into force of this Decree did not constitute the licensed types of activity connected with specific goods (works, services) and accomplishment (rendering) of which according to this Decree since May 1, 2012 it can be performed only after receipt of licenses, have the right to perform these works and (or) to render services without licenses till June 30, 2012. In case of intention further to perform such works and to render services these legal entities shall obtain till July 1, 2012 licenses according to this Decree;

2.6. the licenses which are drawn up on the forms made before entry into force of this Decree in case of prolongation of effective period or introduction of changes in them and (or) amendments are subject to replacement by the licenses which are drawn up on the forms made in form according to appendix 1 to the Regulations on procedure for licensing of the types of activity connected with specific goods (works, services), approved by this Decree;

2.7. since May 1, 2012 without receipt of licenses are performed:

performance of works and (or) rendering services concerning military uniform of clothes and its attributes;

operation of cryptographic remedies of the state secrets.

Legal entities shall return till July 1, 2012 to the State military-industrial committee and Committee for State Security originals (duplicates) of licenses for performance of works and (or) rendering the services called in part one of this subitem or to make changes and (or) additions in the license according to subitem 2.3 of this Item.

3. Before reduction of acts of the legislation in compliance with this Decree they are applied in the part which is not contradicting this Decree.

4. Recognize invalid:

Item 5 of the Presidential decree of the Republic of Belarus of June 4, 2004 No. 269 "About some questions of licensing of the activities connected with military products and entering of amendments and changes into separate presidential decrees of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2004, No. 90, 1/5582);

The presidential decree of the Republic of Belarus of January 28, 2008 No. 45 "About entering of amendments and changes into the Presidential decree of the Republic of Belarus of October 21, 2003 No. 459" (The national register of legal acts of the Republic of Belarus, 2008, No. 29, 1/9395);

subitem 1.9 of Item 1 of the Presidential decree of the Republic of Belarus of January 23, 2009 No. 52 "About modification and amendments in some presidential decrees of the Republic of Belarus concerning documentation of the population of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2009, No. 27, 1/10431);

The presidential decree of the Republic of Belarus of August 6, 2010 No. 409 "About modification of the Presidential decree of the Republic of Belarus of October 21, 2003 No. 459" (The national register of legal acts of the Republic of Belarus, 2010, No. 188, 1/11859).

5. To Council of Ministers of the Republic of Belarus till May 1, 2012:

provide reduction of acts of the legislation in compliance with this Decree;

take other measures for implementation of this Decree.

6. To impose control over the implementation of this Decree on the State secretariat of the Security Council of the Republic of Belarus.

7. This Decree becomes effective since May 1, 2012, except for subitem 2.4.1 of Item 2, of Items 3, 5 and this Item, becoming effective from the date of official publication of this Decree.

President of the Republic of Belarus

A. Lukashenko

 

Approved by the Presidential decree of the Republic of Belarus of February 16, 2012 No. 71

Regulations on procedure for licensing of the types of activity connected with specific goods (works, services)

Section I. General questions of licensing

Chapter 1. General provisions

1. This Provision governs the relations on licensing of the types of activity connected with specific goods (works, services) on which implementation special permission (license) is required.

Action of this provision does not extend to activities, connected:

with specific goods (works, services), performed by state bodies within their competence determined in accordance with the established procedure, military units (organizations) of Armed Forces and other military forming, the Investigative Committee, State committee of judicial examinations, law-enforcement bodies, bodies and divisions by emergency situations of the Republic of Belarus according to the tasks assigned to them by the legislation;

with repair, maintenance, installation (assembly, adjustment) of systems of technical means for ensuring investigation and search operations on the networks of telecommunication and mail service relating to means of secret receipt of information, performed by operators of telecommunication and mail service according to the legislation determining order of interaction of operators of telecommunication and mail service with the bodies performing operational search activities.

2. For the purposes of this provision terms are used in the following values:

the activities connected with specific goods (works, services), the activities connected with military products, cryptographic information security and means of secret receipt of information;

the licensee - the legal entity of the Republic of Belarus having special permission (license) for the corresponding type of activity connected with specific goods (works, services) (further, unless otherwise specified, - the license);

licensed requirements and conditions - set of the requirements and conditions shown to the license applicant in case of its issue and to the licensee when implementing to them the corresponding type of activity connected with specific goods (works, services) on which the license is granted established by this Provision;

licensing - complex of the measures realized by the state connected with issue of licenses, their duplicates, prolongation of effective period of licenses, entering into licenses of changes and (or) amendments, suspension, the termination, renewal of their action, cancellation of licenses, control of observance by licensees when implementing the activities connected with specific goods (works, services), legislations on licensing, the relevant licensed requirements and conditions, special licensed requirements and conditions;

the licensing body - the State military-industrial committee (further - Goskomvoyenprom) and Committee for State Security (further - KGB), authorized according to this Provision to perform licensing;

the license - the special operating authority issued by the licensing body to the license applicant, connected with specific goods (works, services), in case of obligatory compliance with law about licensing, the relevant licensed requirements and conditions, special licensed requirements and conditions;

The interdepartmental commission - the Interdepartmental commission on military technically cooperation and export control under the Security Council of the Republic of Belarus authorized according to legal acts to make decisions concerning licensing;

special licensed requirements and conditions - requirements and conditions which are determined by the Interdepartmental commission on the offer of the licensing body and are specified in the license;

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