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LAW OF THE REPUBLIC OF BELARUS

of May 11, 2016 No. 363-Z

About export control

It is accepted by the House of Representatives on April 4, 2016

Approved by Council of the Republic on April 21, 2016

Chapter 1. General provisions

Article 1. The main terms applied in this Law and their determinations

For the purposes of this Law the following main terms and their determinations are applied:

import - making of the actions connected with crossing of Frontier of the Republic of Belarus as a result of which objects of export control arrived to the territory of the Republic of Belarus in any manner;

foreign trade activity - implementation of import and (or) export of objects of export control within agreements in foreign trade;

intra-corporate system of export control - package of measures of organizational, administrative, information and other nature, the international obligations of the Republic of Belarus and the legislation on export control performed by legal entities and directed to observance;

arms and military equipment - complexes of different types of weapon and means of ensuring of its fighting application, including delivery systems, systems of targeting, start-up, management, and also other special technical means intended for equipment of armed forces or other troops and military forming, ammunition and their components, spare parts, components, devices, components and components of firearms, educational property (prototypes, exercise machines and simulators of different types of arms and military equipment);

export - making of the actions connected with crossing of Frontier of the Republic of Belarus as a result of which objects of export control decreased from the territory of the Republic of Belarus in any manner;

identification - establishment of accessory (identity) of goods, information, works, services, results of intellectual activities to specific goods (works, services);

import - import of objects of export control for permanent placement in the territory of the Republic of Belarus;

objects of export control - specific goods (works, services), and also goods, information, works, services, results of intellectual activities which are not included in lists of specific goods (works, services) with which legal entities and physical persons shall get for implementation of the foreign or intermediary trade activity according to part two of article 21 of this Law permission of interdepartmental body for export control;

weapons of mass destruction - nuclear, chemical, bacteriological (biological) and toxin weapon;

intermediary activities - the organization of movement of objects of export control from one foreign state in other foreign state or assistance to such movement, including by provision for a fee information services of rather these objects or persons performing such movement;

the import permit or export - the document granting the right to implementation of import or export of objects of export control, issued to legal entity or physical person in the form of the license (one-time or general), the omission, other document confirming the right to implementation of import or export of objects of export control including according to international treaties of the Republic of Belarus;

re-export - export out of limits of any state of specific goods (works, services) which are earlier imported to this state and did not undergo to conversion;

specific goods (works, services) - military products, goods (works, services) double application, and also the goods (works, services) controlled for the benefit of homeland security of the Republic of Belarus, included in lists of specific goods (works, services);

delivery systems - the rockets and unmanned aerial vehicles capable to deliver weapons of mass destruction;

technology - scientific and technical information, including know-how (know-how) and other results of intellectual activities (the right to them) which is expressed in the form of models, prototypes, drawings, charts, projects, instructions, software products or in intangible form - training, technical supply (servicing) and which is required for development, production or use of goods;

goods (works, services) double application - raw materials, materials, the equipment, technologies, works, services which are used (are carried out, appear) in the civil purposes, but owing to the features and properties can be used (are executed, rendered) for the purpose of creation of weapons of mass destruction, delivery systems, other types of arms and military equipment;

the goods (works, services) controlled for the benefit of homeland security of the Republic of Belarus - raw materials, materials, the equipment, technologies, works, services which are used (are carried out, appear) in the civil purposes, but owing to the features and properties can be used (are executed, rendered) for the purpose of creation of products which in case of its use by preparation and (or) making of acts of terrorism create real threat of life or to human health, causings significant property damage or approach of other heavy effects, including comparable to effects of use of weapons of mass defeat, and also other products, implementation of import and (or) evacuation of whom requires the import permit or export proceeding from interests of homeland security of the Republic of Belarus;

transit - movement of specific goods through the territory of the Republic of Belarus, transportation (transportation) of which began and shall end outside the territory of the Republic of Belarus (except for the international transit flights of aircrafts without landing to the territories of the Republic of Belarus);

physical persons - the citizens of the Republic of Belarus, foreign citizens and persons without citizenship who are constantly living in the territory of the Republic of Belarus, including registered in the Republic of Belarus as individual entrepreneurs;

export - export of objects of export control for permanent placement outside the territory of the Republic of Belarus;

export control - package of measures, providing accomplishment of allowing procedure for import, export, transit, use of objects of export control and implementation of intermediary activities concerning them;

legal entities - the organizations with the location in the Republic of Belarus created according to the legislation of the Republic of Belarus.

Article 2. Legislation on export control

The legislation on export control is based on the Constitution of the Republic of Belarus and international treaties of the Republic of Belarus and consists of this Law, acts of the President of the Republic of Belarus and other acts of the legislation governing the relations in the field of export control.

The relations arising in connection with import, export, transit and use of objects of export control, which are not settled by the legislation on export control are regulated by regulations of the legislation on customs regulation, civil and other legislation.

If the international treaty of the Republic of Belarus establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

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