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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of April 5, 2016 No. 124

About state regulation of foreign trade activity

For the purpose of realization of separate provisions of the Agreement on the Eurasian Economic Union of May 29, 2014:

1. Determine that:

1.1. the procedure and method of distribution of amount of the tariff quota allocated by the Euroasian economic commission (further - ECE) for the Republic of Belarus, concerning the separate types of the agricultural goods coming from the third countries and imported on customs area of the Eurasian Economic Union (further - EEU), are established by Council of Ministers of the Republic of Belarus if such procedure and method are not determined by ECE;

1.2. distribution of shares of export or import quotas in case of introduction of ECE of quantitative restrictions of export or commodity import * is performed according to the procedure, established by Council of Ministers of the Republic of Belarus, on the basis of the method determined by ECE.

______________________________

* For the purposes of this Decree commodity export is understood as commodity exportation from customs area of EEU on the territory of the third countries without obligations about the return import, as import - commodity importation on customs area of EEU from the third countries without obligations about the return export.

The procedure for distribution of shares of the import or special quotas introduced by ECE as special protective measure is established by Council of Ministers of the Republic of Belarus if such procedure is not determined by ECE;

1.3. determination of participants of foreign trade activity of the Republic of Belarus to which the exclusive export right and (or) commodity import is provided is performed by the President of the Republic of Belarus;

1.4. issue of licenses, permissions and the conclusions (allowing documents) confirming observance of measures of non-tariff regulation, observance of measures of protection of the domestic market in the form of the import quota or special quota entered by ECE as special protective measure is performed according to the international legal acts constituting the regulatory legal base of the Customs union and the Common economic space and (or) the right of the Eurasian Economic Union and also regulatory legal acts of Council of Ministers of the Republic of Belarus;

1.5. By Council of Ministers of the Republic of Belarus according to Item 50 of appendix No. 7 to the Agreement on the Eurasian Economic Union of May 29, 2014 concerning the goods imported on customs area of EEU in the Republic of Belarus and (or) exported from customs area of EEU in the Republic of Belarus for the term of no more than 6 months the following measures of non-tariff regulation can be entered:

prohibition of import and (or) commodity exportation;

quantitative restrictions of import and (or) commodity exportation;

exclusive export right and (or) commodity import;

automatic licensing (observation) of export and (or) commodity import;

allowing procedure for import and (or) commodity exportation.

In case of introduction of the measures of non-tariff regulation specified in part one of this subitem, the Council of Ministers of the Republic of Belarus determines customs procedures under which when placing concerning goods such measures shall be observed.

Introduction concerning the same goods of two and more measures specified in part one of this subitem which application does not exclude each other is allowed.

The notification of ECE on introduction of the measures specified in part one of this subitem is performed by the Ministry of Foreign Affairs according to the procedure, established according to international treaties of the Republic of Belarus.

Issue of licenses, permissions and the conclusions (allowing documents) confirming observance of the measures of non-tariff regulation specified in part one of this subitem is performed according to the international legal acts constituting the regulatory legal base of the Customs union and the Common economic space and (or) the right of the Eurasian Economic Union and also regulatory legal acts of Council of Ministers of the Republic of Belarus;

1.6. the measures of non-tariff regulation specified in part one of subitem 1.5 of this Item can be entered if these measures:

treat export and (or) import of gold or silver;

are applied to protection of cultural values and cultural heritage;

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