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DECISION OF BOARD OF THE EURASIAN ECONOMIC COMMISSION

of September 28, 2015 No. 123

About the Technique of assessment of condition of development of national mechanisms of "single window"

According to Item 1.3 of the Section XII of the actions plan on realization of the Main directions of development of the mechanism of "single window" in system of the regulation of foreign economic activity approved by the Decision of the Supreme Eurasian economic council of May 8, 2015 No. 19, and for the purpose of implementation of subitem 1.3.4 of the disaggregated plan for 2015 on accomplishment of the actions plan on realization of the Main directions of development of the mechanism of "single window" in system of the regulation of foreign economic activity approved by the Decision of Council of the Eurasian economic commission of February 4, 2015 No. 4, Board of the Eurasian economic commission solved:

1. Approve the enclosed Technique of assessment of condition of development of national mechanisms of "single window".

2. This Decision becomes effective after 30 calendar days from the date of its official publication.

Chairman of Board of Eurasian economic

V. Khristenko

Approved by the Decision of Board of the Eurasian economic commission of September 28, 2015 No. 123

Technique of assessment of condition of development of national mechanisms of "single window"

I. General provisions

1. This Technique is developed according to Item 1.3 of the Section XII of the actions plan on realization of the Main directions of development of the mechanism of "single window" in system of the regulation of foreign economic activity approved by the Decision of the Supreme Eurasian economic council of May 8, 2015 No. 19 (further - the actions plan), and subitem 1.3.4 of the disaggregated plan for 2015 on accomplishment of the actions plan on realization of the Main directions of development of the mechanism of "single window" in system of the regulation of foreign economic activity approved by the Decision of Council of the Eurasian economic commission of February 4, 2015 No. 4 (further - the disaggregated plan), for the purpose of assessment of condition of development of national mechanisms of "single window" and determines procedure for carrying out the analysis of condition of development of national mechanisms of "single window", stipulated in Item 1.4 Sections XII of the actions plan and Item 1.4 of the disaggregated plan.

This Technique is intended for application by the Eurasian economic commission (further - the Commission) and state members of the Eurasian Economic Union (further respectively - state members, the Union) as methodical recommendations when carrying out such analysis.

2. This Technique is based on provisions of recommendations and managements of the organizations and specialized agencies of the United Nations for creation of the mechanism of "single window", Managements of World Customs Organization on research of time of release, the Compendium of World Customs Organization "How to construct environment of "single window", Methodical recommendations about comparative analysis of the legislation of the State Parties of the Commonwealth of Independent States, the Analysis technique, optimization, harmonization and the description of general processes within the Eurasian Economic Union approved by the Decision of Board of the Commission of June 9, 2015 No. 63 (further - the Method of general processes).

In this Technique are considered:

results of the thematic research "About Realization of the Mechanism of " Single Window " in System of Regulation of Foreign Economic Activity" conducted by the Commission;

the report on approaches to modeling and the analysis of the state procedures and business processes connected with foreign economic activity in state members (further - business processes), prepared according to Item 1.2 of the disaggregated plan;

experience and knowledge gained during the international seminars, conferences and consultations with the international experts.

The analysis of opportunities for harmonization and minimization of the data containing in the documents necessary for implementation of foreign economic activity, provided by the subitem

the disaggregated plan, it is carried out based on the technique developed according to Section 3 of the disaggregated plan.

II. Determinations

3. For the purposes of this Technique concepts which mean the following are used:

"acts" - the international agreements and acts constituting the right of the Union, and regulatory legal acts of state members in the field of foreign economic activity;

"the analysis of business processes" - the systematized data collection about the processes made by interested persons, state bodies and (or) authorized organizations of state members for the purpose of their identification, assessment and the subsequent optimization;

"schedules of time and finance costs" - the schedules describing interrelation of business processes with the time and finance costs necessary for their completion;

"the chart of precedents" - the chart displaying the main business processes and the subjects participating in them;

"interested persons" - the legal entity, the organization, not being the legal entity, created according to the legislation of state member, and also the physical person registered as the individual entrepreneur according to the legislation of state member;

"business process card" - the detailed text description of the business process specified in the scheme of actions;

"the directions of movement of goods" - commodity importation on customs area of the Union, commodity exportation from such territory and transit of goods across customs area of the Union;

"the scheme of actions" - the graphical description of the operations performed by interested persons, state bodies and (or) authorized organizations of state members in business process provided in the chart of precedents;

"elements of the national mechanism "of single window" - components of the mechanism of interaction between state bodies, authorized organizations and participants of foreign economic activity of state members which in total form the national mechanism of "single window".

Other concepts used in this Technique are understood in the values determined by the actions plan.

III. Purposes and tasks of the analysis of condition of development of national mechanisms of "single window"

4. The purposes of carrying out the analysis of condition of development of national mechanisms of "single window" are assessment of condition of development of the national mechanism of "single window" in state members and preparation of the conclusion on each state member containing recommendations about further development of the national mechanism of "single window" in system of regulation of foreign economic activity, business process optimization and also determination of the priority directions of rapprochement of national mechanisms of "single window".

5. Within the carried-out analysis the following problems are solved:

a) the analysis of organization-legal basis of development of the national mechanism of "single window" in state members (further - the analysis of organization-legal basis) including:

the analysis of the created institutional basis providing realization of the main directions of development of the mechanism of "single window" in system of regulation of foreign economic activity approved by the Decision of the Supreme Eurasian economic council of May 29, 2014 No. 68 (further - the Main directions), and the actions plan;

the analysis of the acts regulating questions of implementation and development of the mechanism of "single window";

the analysis of the sphere of scope of national mechanisms of "single window" in state members;

the analysis of acts on spheres of state regulation in the field of foreign economic activity regarding identification of the barriers and legal gaps interfering development of the mechanism of "single window";

research of law-enforcement practice of realization of the mechanism of "single window" in state members;

determination of target indicators of the national projects directed to creation of national mechanisms of "single window";

b) the analysis of technological basis of development of the national mechanism of "single window" in state members (further - the analysis of technological basis) including:

determination of the list of priority export, import and transit transactions (further - priority transactions);

the analysis of the existing business processes according to the list of priority transactions, determination of degree and their level

automation;

determination of "bottlenecks" upon transition from paper documents to electronic documents;

c) the analysis of information and technical basis of implementation and development of the national mechanism of "single window" in state members (further - the analysis of information and technical basis) including:

analysis of condition of development of separate elements of the national mechanism of "single window" (express-analysis);

studying of national programs of state members for development of local mechanisms of "single window";

determination of technical capabilities and legal basis for creation in state members of the portal of the national mechanism of "single window";

the analysis of practice of payment of obligatory payments in electronic form and possibility of provision of such service within the national mechanism of "single window";

the analysis of condition of development of systems of the electronic government, interdepartmental information exchange, electronic document management in case of interaction of interested persons with state bodies and (or) authorized organizations of state members;

d) the strengths and weaknesses analysis of national mechanisms of "single window" in state members, opportunities and perspectives of development of these mechanisms including:

identification of questions which need to be settled in state members in case of realization of the Main directions;

determination of the priority areas requiring strengthening of potential and rendering organization-legal technological and information technical assistance for the purpose of development of national mechanisms of "single window";

e) preparation of the offers and recommendations aimed at the further development of national mechanisms of "single window", business process optimization, and also determination of the priority directions of rapprochement of national mechanisms of "single window".

IV. Subjects of the analysis of condition of development of national mechanisms of "single window"

6. When carrying out the analysis of condition of development of national mechanisms of "single window" the following objects are considered:

a) the institutional basis providing implementation and development of the mechanism of "single window", including realization of the Main directions and the actions plan;

b) the acts regulating questions of implementation and development of the mechanism of "single window";

c) judicial and executive decisions;

d) the sphere of scope of national mechanisms of "single window" in state members;

e) acts on spheres of state regulation in the field of foreign economic activity regarding identification of the barriers and legal gaps interfering development of the mechanism of "single window";

e) law-enforcement practice of realization of the mechanism of "single window" in state members;

g) target indicators of the national projects directed to creation of national mechanisms of "single window";

h) business processes within priority transactions, including the acts establishing them;

i) national programs of state members for development of local mechanisms of "single window";

j) the portal of the national mechanism of "single window" regarding determination of technical capability and legal basis of its creation in state members;

k) practice of payment of obligatory payments in electronic form and possibility of provision of such service within the national mechanism of "single window";

l) systems of the electronic government, interdepartmental information exchange, electronic document management in case of interaction of interested persons with state bodies and (or) authorized organizations of state members.

7. The analysis of condition of development of national mechanisms of "single window" is carried out in the following directions:

a) analysis of organization-legal basis;

b) analysis of technological basis;

c) analysis of information and technical basis.

8. Assessment of condition of development of national mechanisms of "single window" is performed according to the recommendations and managements of the United Nations specified in Item 2 of this Technique and management of World Customs Organization based on the closing statements which arrived from state members.

V. Spheres of regulation and types of the researched activities

9. The analysis of condition of development of national mechanisms of "single window" covers:

a) the spheres of state regulation affecting foreign economic activity: customs, currency, fiscal, customs and tariff, non-tariff, technical regulation, application of sanitary, veterinary and sanitary, quarantine phytosanitary measures, regulation of financial services (bank, insurance), transport and transportations, intellectual property, etc.;

b) types of activity: foreign trade, provision of transport and logistics services, financial services (bank, insurance), customs affairs.

VI. Information sources

10. When carrying out the analysis of condition of development of national mechanisms of "single window" the following sources of information are used:

a) primary: acts, including decrees, national (state) programs, resolutions, actions plans ("road maps"), etc.;

b) secondary:  comments  to the legislation of state members, regulations, letters, instructions, orders, departmental orders, reports of state bodies and (or) authorized organizations of state members in the field of foreign economic activity, the reports of independent experts custom-made state bodies of state members (for example, "Regulating and procedural barriers in trade in Belarus", "Regulating and procedural barriers in trade in Kazakhstan", "Research of readiness of legislative system of the Russian Federation for implementation of the principle of "single window" for foreign trade"), judicial and executive decisions, analytical materials, etc.

11. When carrying out the analysis of condition of development of national mechanisms of "single window" as additional sources of information Articles according to the overview of the legislation of state members, reports and recommendations of different conferences and seminars, the international comments and other open sources of information are also used.

VII. Recommendations about the organization of carrying out the analysis of condition of development of national mechanisms of "single window"

12. The analysis of condition of development of national mechanisms of "single window" is carried out by state members and the Commission according to this Technique and to terms, stipulated in Item 1.4 Sections XII of the actions plan.

For the purpose of optimal resource allocation and observance of fixed terms the analysis of organization-legal basis, the analysis of technological basis and the analysis of information and technical basis can be carried out in parallel.

13. State members determine state body, responsible for the organization of carrying out the analysis of condition of development of national mechanisms of "single window" (create working group) (further - responsible body of state member). 

14. The responsible body of state member determines the state bodies, authorized organizations and representatives of business community of state member participating in carrying out the analysis of condition of development of national mechanisms of "single window" (further - participants of the analysis).

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