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 Eurasian 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.

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* 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;

are connected with restriction of commodity export, coming from the Republic of Belarus, for providing with enough such goods of processing industry of the Republic of Belarus during the periods when internal price on such goods remains at lower level, than the world price, as a result of the performed plan of stabilization;

are necessary for:

respect for public morals or law and order;

protection of life and health of the person, environment, animals and plants;

prevention of exhaustion of irreplaceable natural resources are also carried out along with restriction of internal production or the consumption connected with use of irreplaceable natural resources;

acquisitions or distributions of goods in case of general or their local deficit;

accomplishment of the international obligations of the Republic of Belarus;

ensuring national security of the Republic of Belarus;

ensuring compliance with the regulatory legal acts which are not contradicting the international obligations of the Republic of Belarus in the field of customs regulation, environmental protection, protection of intellectual property and other regulatory legal acts;

protection of external financial position and ensuring balance of paying balance of the Republic of Belarus;

1.7. documents and data for implementation of foreign trade activity can be represented to authorized state bodies and other organizations and be issued by them in the form of electronic documents according to the procedure, established by regulatory legal acts of Council of Ministers of the Republic of Belarus if such procedure is not determined by 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.

2. Bring in subitem 5.1 of Item 5 of the Presidential decree of the Republic of Belarus of April 12, 2013 No. 168 "About some measures for optimization of system of state bodies and other state organizations, and also the number of their workers" (The national legal Internet portal of the Republic of Belarus, 13.04. 2013, 1/14193) following change and amendment:

2.1. the fifth to state the paragraph in the following edition:

"issue of export licenses and (or) commodity import, termination or suspension, renewal of action of export licenses and (or) commodity import, issue of their duplicates;";

2.2. add the subitem with paragraphs the sixth and seventh the following content:

"issue of import permits and (or) commodity import in case of introduction of automatic licensing (observation), issue of their duplicates;

maintaining the database of the granted licenses and import permits and (or) commodity import;".

3. Recognize invalid:

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