PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of February 28, 2017 No. 49

About state regulation in the field of export control

For the purpose of realization of provisions of the Law of the Republic of Belarus of May 11, 2016 "About export control" and enhancement of system of export control I decide No. 363-Z:

1. Approve:

The regulations on procedure for provision to legal entities of the right to implementation of the foreign or intermediary trade activity concerning specific goods (works, services) (are applied);

The regulations on procedure for state regulation of import of specific goods (works, services), export of objects of export control, implementation of intermediary activities concerning objects of export control (are applied);

The regulations on procedure for carrying out identification (are applied);

The regulations on procedure for execution of obligations on use of the imported specific goods (works, services) (are applied);

The regulations on procedure for the organization of the state control over the implementation of obligations for use of the imported (exported) specific goods (works, services) in stated purposes (are applied).

2. Determine that:

2.1. powers in the field of export control perform:

The interdepartmental commission on military technically cooperation and export control under the Security Council of the Republic of Belarus;

State secretariat of the Security Council of the Republic of Belarus;

State military-industrial committee;

State Customs Committee;

Committee for State Security;

Ministry of Foreign Affairs;

Ministry of Defence;

Ministry of Economics;

National academy of Sciences of Belarus;

Operational analytical center in case of the President of the Republic of Belarus;

2.2. The interdepartmental commission on military technically cooperation and export control under the Security Council of the Republic of Belarus performs powers of interdepartmental body for export control;

2.3. The state secretariat of the Security Council of the Republic of Belarus performs:

approval of the documents concerning issue to the organizations of the Republic of Belarus of export permits of specific goods (works, services) and import of separate categories of these goods (works, services);

according to decisions of the President of the Republic of Belarus and legal acts other powers in the field of export control;

2.4. State military-industrial committee:

performs powers of specially authorized state body in the field of export control;

enables the realization of state policy in the field of export control;

provides interdepartmental interaction;

makes in accordance with the established procedure offers on enhancement of procedure for licensing of import (export) of specific goods (works, services);

develops offers on the main directions of state policy in the field of export control and realizes actions in the specified area;

adopts regulatory legal acts within the competence, develops drafts of international treaties of the Republic of Belarus in the field of export control;

performs within the competence interaction with foreign states and the international organizations for the purpose of strengthening of the international security and stability, prevention of distribution of weapons of mass destruction, delivery systems, technologies of creation of weapons of mass destruction and delivery systems, and also prevention of illegal distribution of arms and military equipment;

controls accomplishment by the organizations of the Republic of Belarus performing foreign trade activity concerning specific goods (works, services) of obligations assumed by the Republic of Belarus in the field of export control;

will organize carrying out identification of goods, information, works, services, results of intellectual activities as specific goods (works, services);

performs registration, issue, accounting of certificates on the right of implementation of foreign trade activity concerning specific goods (works, services);

performs registration, issue, accounting of export permits of specific goods (works, services) and import of separate categories of these goods (works, services), and also control of execution of the issued import permits or export;

provides within the competence observance of requirements of the legislation in the field of export control;

participates in implementation of the state control over the implementation of obligations on use of the imported (exported) specific goods (works, services) in stated purposes;

submits for consideration to the President of the Republic of Belarus offers on introduction of prohibitions on implementation of the foreign or intermediary trade activity concerning objects of export control with the international organizations, foreign states (territories), persons and the organizations;

performs within the competence information support of state bodies and other organizations of the Republic of Belarus in the field of export control;

will organize information and methodical ensuring functioning of intra-corporate systems of export control of the organizations;

performs other powers in the field of export control;

2.5. State Customs Committee:

provides within the competence observance of requirements of the legislation in the field of export control;

participates in information and methodical ensuring functioning of intra-corporate systems of export control of the organizations;

performs other powers in the field of export control;

2.6. Committee for State Security:

performs identification and assessment of threats of homeland security of the Republic of Belarus in the field of export control;

provides within the competence observance of requirements of the legislation in the field of export control;

participates in implementation of the state control over the implementation of obligations on use of the imported (exported) specific goods (works, services) in stated purposes;

issues the omission on import and export of specific goods (works, services);

issues the conclusions about feasibility (inexpediency) of provision to the organizations of the Republic of Belarus of the right to implementation of the foreign or intermediary trade activity concerning specific goods (works, services);

approves the documents concerning issue to the organizations of the Republic of Belarus of export permits of specific goods (works, services) and import of separate categories of these goods (works, services);

carries out within the competence identification of goods, information, works, services, results of intellectual activities;

sends to the State military-industrial committee of the offer on introduction of prohibitions on implementation of the foreign or intermediary trade activity concerning objects of export control with the international organizations, foreign states (territories), persons and the organizations;

performs within the competence information support of state bodies and other organizations of the Republic of Belarus in the field of export control;

participates in information and methodical ensuring functioning of intra-corporate systems of export control of the organizations;

performs other powers in the field of export control;

2.7. Ministry of Foreign Affairs:

exercises within the competence control of respect for foreign policy interests of the Republic of Belarus when implementing export control;

performs within the competence interaction with foreign states and the international organizations for the purpose of strengthening of the international security and stability, prevention of distribution of weapons of mass destruction, delivery systems, technologies of creation of weapons of mass destruction and delivery systems, and also prevention of illegal distribution of arms and military equipment;

provides within the competence observance of requirements of the legislation in the field of export control;

approves the documents concerning issue to the organizations of the Republic of Belarus of export permits of specific goods (works, services) and import of separate categories of these goods (works, services);

informs foreign states official declarations and initiatives of the President of the Republic of Belarus and Council of Ministers of the Republic of Belarus concerning export control;

sends to the State military-industrial committee of the offer on introduction of prohibitions on implementation of the foreign or intermediary trade activity concerning objects of export control with the international organizations, foreign states (territories), persons and the organizations;

performs information support of the questions connected with the organization of control over the implementation by foreign importers of obligations for use of the specific goods (works, services) exported from the Republic of Belarus;

performs information exchange with the international organizations for export control, including movement of military products, within the international obligations assumed by the Republic of Belarus;

performs within the competence information support of state bodies and other organizations of the Republic of Belarus in the field of export control;

participates in information and methodical ensuring functioning of intra-corporate systems of export control of the organizations;

performs other powers in the field of export control;

2.8. Ministry of Defence:

provides within the competence observance of requirements of the legislation in the field of export control;

carries out within the competence identification of goods, information, works, services, results of intellectual activities;

approves the documents concerning issue to the organizations of the Republic of Belarus of export permits of specific goods (works, services) and import of separate categories of these goods (works, services);

issues the omission on import and export of specific goods (works, services);

performs within the competence information support of state bodies and other organizations of the Republic of Belarus in the field of export control;

participates in information and methodical ensuring functioning of intra-corporate systems of export control of the organizations;

performs other powers in the field of export control;

2.9. Ministry of Economics:

within the competence approves the residual cost of the military products which are in operational management of state bodies calculated in accordance with the established procedure;

performs other powers in the field of export control;

2.10. National academy of Sciences of Belarus:

carries out within the competence identification of goods, information, works, services, results of intellectual activities;

performs other powers in the field of export control;

2.11. Operational analytical center in case of the President of the Republic of Belarus:

carries out within the competence identification of goods, information, works, services, results of intellectual activities;

performs other powers in the field of export control;

2.12. the following functions are assigned to workers of the legal entity who acquired the right to implementation of foreign trade activity concerning specific goods (works, services) providing functioning of intra-corporate systems of export control:

implementation of organizational and technical and information support of work of intra-corporate system of export control;

participation in preparation of drafts of contracts in foreign trade;

organization of complex verification of the foreign trade transactions;

ensuring fulfillment of requirements in the field of export control when implementing the activities connected with participation in the international exhibitions, conferences or seminars;

organization of training of other employees of the organization for export control;

preparation and document creation for obtaining in accordance with the established procedure allowing documents for the purpose of conducting the foreign and (or) intermediary trade activity concerning specific goods (works, services);

maintaining documentation on export control;

2.13. lists of specific goods (works, services) are developed and affirm the State military-industrial committee together with the State Customs Committee and are applied to determination of need of receipt of import permits or export of specific goods (works, services), and also to representation of these permissions in customs authorities in the cases established by this Decree. The inventory (works, services) controlled for the benefit of homeland security of the Republic of Belarus is subject to approval of Committee for State Security.

In case of representation to customs authority of the license for import * military products and (or) goods (works, services) controlled for the benefit of homeland security of the Republic of Belarus, or the omission on import (export) of specific goods (works, services) or the document provided by international treaties of the Republic of Belarus, the military products and (or) goods (works, services) controlled for the benefit of homeland security of the Republic of Belarus are located under the following customs procedures:

release for internal consumption;

reimport;

conversion on customs area;

conversion for internal consumption;

temporary import (admission);

destruction;

refusal for benefit of the state;

free customs zone;

free warehouse;

customs transit from the place of arrival on customs area of the Eurasian Economic Union to the location of internal customs authority;

special customs procedure.

In case of representation to customs authority of the license for export ** specific goods (works, services), or the omission on import (export) of specific goods (works, services), or the document provided by international treaties of the Republic of Belarus, specific goods (works, services) are located under the following customs procedures:

export;

re-export;

outward processing;

temporary export;

special customs procedure.

The room of specific goods under customs procedure of duty-free trade is not allowed;

______________________________

* Import licenses, reimport, import to conversion, temporary import.

** Export licenses, re-export, export for conversion, temporary export, including in case of leasing (without provision to the lessee of repurchase right of leased property).

2.14. procedure for issue of omissions on import (export) of specific goods (works, services) and form of the omission are established by the Ministry of Defence together with the Ministry of Internal Affairs, Committee for State Security, the State boundary committee and the State Customs Committee;

2.15. the procedure for import and export of the chemicals falling under verification regime of the Convention on prohibition of the development, production, accumulating and use of chemical weapon and about its destruction signed in Paris on January 13, 1993, transit of specific goods through the territory of the Republic of Belarus and also export of reactive fuel is determined by other acts of the legislation of the Republic of Belarus if other is not established by the President of the Republic of Belarus;

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