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RESOLUTION OF THE MINISTRY OF TRADE OF THE REPUBLIC OF BELARUS

of September 24, 2013 No. 23

About approval of the Instruction about procedure for test of authenticity of excise stamps of the Republic of Belarus and (or) special brands on alcoholic beverages and (or) tobacco products, implementable (stored) by legal entities and individual entrepreneurs, and recognition voided some resolutions of the Ministry of Trade of the Republic of Belarus

(as amended of the Resolution of the Ministry of Trade of the Republic of Belarus of 14.04.2015 No. 13)

Based on Item 2 of the resolution of Council of Ministers of the Republic of Belarus of January 18, 2007 No. 65 "About modification and amendments in resolutions of Council of Ministers of the Republic of Belarus of February 17, 2003 No. 193 and of November 2, 2005 No. 1221", subitem 5.6 of Item 5 of the Regulations on the Ministry of Trade of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of June 25, 2013 No. 527 "Questions of the Ministry of Trade of the Republic of Belarus", the Ministry of Trade of the Republic of Belarus DECIDES:

1. Approve the enclosed Instruction about procedure for test of authenticity of excise stamps of the Republic of Belarus and (or) special brands on alcoholic beverages and (or) tobacco products, implementable (stored) by legal entities and individual entrepreneurs.

2. Recognize invalid:

the resolution of the Ministry of Trade of the Republic of Belarus of October 15, 2008 No. 41 "About modification and amendments in the resolution of the Ministry of Trade of the Republic of Belarus of February 1, 2007 No. 8" (The national register of legal acts of the Republic of Belarus, 2008, No. 276, 8/19763);

the resolution of the Ministry of Trade of the Republic of Belarus of April 28, 2011 No. 20 "About modification of the resolution of the Ministry of Trade of the Republic of Belarus of February 1, 2007 No. 8" (The national register of legal acts of the Republic of Belarus, 2011, No. 56, 8/23629).

3. This resolution becomes effective since December 30, 2013.

Minister

V. S. Chekanov

It is approved

Minister of Taxes and Tax Collection of the Republic of Belarus

of September 23, 2013

 

V. N. Poluyan

 

Approved by the Resolution of the Ministry of Trade of the Republic of Belarus of September 24, 2013 No. 23

The instruction about procedure for test of authenticity of excise stamps of the Republic of Belarus and (or) special brands on alcoholic beverages and (or) tobacco products, implementable (stored) by legal entities and individual entrepreneurs

1. This Instruction determines procedure for test of authenticity of excise stamps of the Republic of Belarus (further - excise stamps) and (or) special brands on alcoholic beverages and (or) tobacco products, implementable (stored) by legal entities and individual entrepreneurs, and extends on:

the legal entities performing import, storage (as type of business activity) alcoholic beverages and (or) tobacco products, wholesale, retail trade by these drinks and (or) products;

the individual entrepreneurs performing retail trade by alcoholic beverages in objects of public catering in pouring, retail trade by tobacco products.

2. Check of authenticity of excise stamps and (or) special brands is performed with use of operational devices for check of authenticity of the excise stamps and (or) special brands entered in the State register of devices for control of authenticity of forms of securities and documents with certain degree of protection and also documents with certain degree of protection.

3. Check of authenticity of excise stamps and (or) special brands is performed:

after the room of alcoholic beverages and (or) tobacco products under customs procedure of release for internal consumption - the legal entity performing import of these drinks and (or) tobacco products;

in case of acceptance of alcoholic beverages and (or) tobacco products at the legal entity performing production, import, wholesale trade by the specified drinks and (or) products - the legal entity or the individual entrepreneur who are buyers of alcoholic beverages and (or) tobacco products;

in case of acceptance on storage (as type of business activity) alcoholic beverages and (or) tobacco products at the legal entity performing production, import, wholesale, retail trade by the specified drinks and (or) products, the individual entrepreneur performing retail trade by tobacco products and (or) retail trade by alcoholic beverages in objects of public catering in pouring - the legal entity who is the keeper of alcoholic beverages and (or) tobacco products;

by transfer by the legal entity performing wholesale, retail trade by alcoholic beverages and (or) tobacco products, the individual entrepreneur performing retail trade by tobacco products, retail trade by alcoholic beverages in objects of public catering in pouring to the shopping facilities belonging to them, objects of public catering - this legal entity or the individual entrepreneur.

4. Check of authenticity of excise stamps and (or) special brands on alcoholic beverages and (or) tobacco products is performed by the official of the legal entity or the individual entrepreneur in the place determined in the delivery agreement or storages of alcoholic beverages and (or) tobacco products, and by transfer to shopping facilities, objects of public catering - in the storage location of these drinks and (or) products.

5. In case of wholesale trade by alcoholic beverages and (or) tobacco products check of authenticity of excise stamps and (or) special brands is performed before realization of these drinks and (or) products, and in case of storage (as type of business activity) alcoholic beverages and (or) tobacco products - before their acceptance on storage.

In case of retail trade by alcoholic beverages and (or) tobacco products check of authenticity of excise stamps and (or) special brands is performed directly before their transfer to shopping facilities, objects of public catering.

6. In cases of establishment of signs of counterfeit of excise stamp and (or) special brand or availability of excise and (or) special stamp of unspecified sample the legal entity, the individual entrepreneur who elicited such facts having the right to refuse acceptance of such drinks and (or) products according to the procedure, established by the legislation.

7. By transfer by the legal entity, individual entrepreneur of alcoholic beverages and (or) tobacco products to the shopping facilities belonging to them, objects of public catering on the face of the documents confirming leave of these drinks and (or) products to places of realization the stamp is put down or record is made: "Authenticity of excise (special) stamp is verified" which are certified by the signature of the official of the legal entity, the representative to perform authenticity of excise and (or) special stamps, or the individual entrepreneur. At the same time the position, surname, own name, middle name (if that is available) the official of the legal entity performing authenticity of excise and (or) special stamps or surname, own name, middle name (if that is available) the individual entrepreneur, and also date of check is also specified.

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