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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of June 23, 2016 No. 486

About some questions of licensing and application of other administrative measures of regulation of foreign trade activity when implementing trade in goods with the third countries and in case of introduction of measures of non-tariff regulation unilaterally

(as amended on 10-05-2023)

Council of Ministers of the Republic of Belarus DECIDES:

1. Determine that:

1.1. for the purposes of this resolution the following main terms and their determinations are used:

commodity importation to the Republic of Belarus - commodity importation on the territory of the Republic of Belarus because of limits of customs area of the Eurasian Economic Union (further - EEU) without obligation about the return export;

commodity exportation from the Republic of Belarus - commodity exportation from the territory of the Republic of Belarus out of limits of customs area of EEU without obligation about the return import;

the third country - the state which is not state member of EEU or interstate education;

physical persons - citizens of the Republic of Belarus, foreign citizens and stateless persons, constantly or temporarily living or temporarily staying in the Republic of Belarus;

participants of foreign trade activity - the legal entities and the organizations who are not legal entities, registered in the Republic of Belarus and created according to the legislation of the Republic of Belarus, the physical persons registered as individual entrepreneurs according to the legislation of the Republic of Belarus.

The terms which are not determined in this resolution are used in the values 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 EEU (further - the right of EEU), the international treaties of the Republic of Belarus which are not entering the right of EEU (further - the international agreements of the Republic of Belarus).

Other terms are used in this resolution in the values determined by the tax, civil legislation, the legislation on customs regulation and other legislation of the Republic of Belarus;

1.2. licensing when implementing trade with the third countries and application of other administrative measures of regulation of foreign trade activity are performed according to the right of EEU, and in the cases provided by the right of EEU or in the part which is not settled by it and not contradicting it - the legislation of the Republic of Belarus if other is not established by international treaties of the Republic of Belarus;

1.3. licensing when implementing trade with the third countries is performed by issue:

1.3.1. export licenses and (or) commodity import, included in the Single inventory to which measures of non-tariff regulation in trade with the third countries are applied (further - the Single inventory) provided in item 4 of the Protocol on measures of non-tariff regulation concerning the third countries to the Agreement on the Eurasian Economic Union of May 29, 2014 (further - the Protocol) and concerning which are entered by the Eurasian economic commission:

quantitative restrictions of commodity importation on customs area of EEU and (or) commodity exportation from customs area of EEU;

exclusive export right and (or) commodity import;

allowing procedure for commodity importation on customs area of EEU and (or) commodity exportation from customs area of EEU;

tariff quota;

import or special quota as special protective measure;

1.3.2. export licenses and (or) commodity import, included in the Single inventory to which prohibitions or import restrictions or the export by state members of the Customs union within Eurasian economic community in trade with the third countries approved by the Decision of Board of the Eurasian economic commission of August 16, 2012 No. 134 "About regulatory legal acts in the field of non-tariff regulation" are applied (further - the Single inventory to which prohibitions or restrictions are applied);

1.3.3. import permits and (or) commodity import, included in the Single inventory and concerning which the Eurasian economic commission enters automatic licensing (observation) of export and (or) commodity import;

1.4. application by republican state bodies and other organizations of other administrative measures of regulation of foreign trade activity in trade with the third countries is performed in the way:

issues filled in the form approved by the Decision of Board of the Eurasian economic commission of May 16, 2012 No. 45 "About single form of the conclusion (the allowing document) for import, export and transit of the separate goods included in the Single inventory to which prohibitions or import restrictions or export by state members of the Customs union within Eurasian economic community in trade with the third countries and methodical instructions for its filling", the conclusions (the allowing document) for import to customs area of EEU and (or) export from customs area of EEU of the goods included in the Single inventory or in the Single inventory to which prohibitions or restrictions (further - the conclusion (the allowing document) are applied, in cases are applied provided by decisions of the Eurasian economic commission on introduction of allowing procedure for commodity importation on customs area of EEU and (or) commodity exportation from customs area of EEU;

maintaining registers, issue of the documents provided by decisions of the Eurasian economic commission on introduction of allowing procedure for commodity importation on customs area of EEU and (or) the commodity exportation from customs area of EEU included in the Single inventory or inclusions of data in such registers;

1.5. the export license and (or) commodity import, the import permit and (or) commodity import are issued by the Ministry of anti-monopoly regulation and trade to the participant of foreign trade activity according to the Rules of issue of licenses and import permits and (or) commodity import provided by appendix to the Protocol, and this resolution. Issue of export licenses and (or) commodity import is performed in coordination with other republican state bodies and other organizations according to appendix 1;

1.6. the conclusion (the allowing document) is issued by republican state bodies and other organizations to the participant of foreign trade activity or physical person according to the right of EEU and the legislation of the Republic of Belarus;

1.7. the general license grants the right of export and (or) import of separate type of the licensed goods in the quantity determined by this license and is issued in cases:

export and (or) commodity import within the established quotas;

export of the licensed self-produced goods;

import of the licensed goods for ensuring own production;

in other cases according to the decision of Council of Ministers of the Republic of Belarus approved with the President of the Republic of Belarus;

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