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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of July 17, 2015 No. 325

About the national guarantor of ensuring discharge of duty on payment of customs duties, taxes, the special, anti-dumping, compensatory duties

(as amended on 20-08-2021)

For the purpose of development of the guarantee as method of ensuring discharge of duty on payment of customs duties, taxes, the special, anti-dumping, compensatory duties on customs area of the Eurasian Economic Union when placing goods under customs procedure of customs transit:

1. Determine that:

1.1. recognized as the national guarantor of ensuring discharge of duty on payment of customs duties, taxes, the special, anti-dumping, compensatory duties (further - the national guarantor) the guarantor before customs authorities (further - the guarantor) has rights of participation in functioning of the single warranty system of ensuring the payment of customs duties, taxes used when placing goods under customs procedure of customs transit created on customs area of the Eurasian Economic Union;

1.2. as the national guarantor the guarantor on condition of compliance to at the same time following criteria can be recognized:

is the organization which property is in state-owned property;

it is included in the register of customs representatives and has work experience in quality of the guarantor at least ten years;

provided guarantees of proper execution of the obligations to customs authorities the bank guarantee conforming to requirements of the legislation on customs regulation in the Republic of Belarus and (or) money a minimum of 50 million Belarusian rubles.

2. The State Customs Committee performs check of the guarantor who submitted the application on compliance to the criteria called in subitem 1.2 of Item 1 of this Decree and no later than 30 calendar days from the date of filing of application:

develops and in accordance with the established procedure introduces to Council of Ministers of the Republic of Belarus the draft of the resolution of Council of Ministers of the Republic of Belarus on recognition of the guarantor by the national guarantor - if the guarantor corresponds to such criteria;

informs the guarantor who submitted the application on its discrepancy to the established criteria - if the guarantor does not correspond to such criteria.

3. The Council of Ministers of the Republic of Belarus in coordination with the President of the Republic of Belarus recognizes guarantors as national guarantors.

4. The national guarantor has the right to provide ensuring discharge of duty on payment of customs duties, taxes, the special, anti-dumping, compensatory duties in transit of goods according to customs procedure of customs transit on the amount exceeding the amount of the guarantee provided according to the paragraph to the fourth subitem 1.2 of Item 1 of this Decree for 100 percent.

5. The decision on recognition of the guarantor by the national guarantor continues to be effective during action of the decision of customs authority on suspension of the decision on recognition of face by the guarantor made in the cases established by Council of Ministers of the Republic of Belarus.

6. The decision on recognition of the guarantor by the national guarantor is cancelled by Council of Ministers of the Republic of Belarus in case of the termination within the civil legislation of the guarantee agreement signed between the customs authority and the guarantor recognized as the national guarantor and (or) in case the national guarantor ceases to correspond to the criteria specified in paragraphs the second or fourth subitem 1.2 of Item 1 of this Decree.

7. The State Customs Committee no later than 30 calendar days from the date of receipt of information on approach of the circumstances specified in Item 6 of this Decree develops and in accordance with the established procedure introduces the draft of the resolution of Council of Ministers of the Republic of Belarus on cancellation of the decision on recognition of the guarantor by the national guarantor to Council of Ministers of the Republic of Belarus.

8. This Decree becomes effective after its official publication.

President of the Republic of Belarus

A. Lukashenko

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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