of June 20, 2019 го da No. 406
About measures for implementation of the Agreement on the Customs code of the Eurasian Economic Union
Based on Items 2 and 3 of Article 40, of Item 6 of Article 42, of parts five and the seventh Item 2 of Article 61, of Article 71, of Item 2 of Article 72, of part one of Item 3 of Article 76, of part two of Item 1 of Article 87, of Article paragraph two 96, of Items 3 and 4 of Article 98, of Item part two 2, of Item 8 and part four of Item 10 of Article 147, of part one of Item 5 of Article 150, of Item 3 of Article 190, of Item 2 of Article 198, of parts one and third Item 7, of subitem 8.2 of Item 8 of Article 199, of Item 2 of article 254 of the Law of the Republic of Belarus of January 10, 2014 No. 129-Z "About customs regulation in the Republic of Belarus", No. 360 "About movement of goods for private use" and for the purpose of implementation of the Agreement on the Customs code of the Eurasian Economic Union of April 11, 2017 the Council of Ministers of the Republic of Belarus DECIDES: parts two of subitem 1.1 of Item 1 of the Presidential decree of the Republic of Belarus of July 21, 2014
1. Determine:
1.1. the list of the types of goods which are exposed to bystry spoil concerning which according to Article 81 of the Customs code of the Eurasian Economic Union customs transactions are made in first-priority procedure, according to appendix 1;
1.2. the inventory concerning which delay or payment by installments of payment of import customs duties according to the subitem 2 of Item 1 of Article 448 of the Customs code of the Eurasian Economic Union, according to appendix 2 can be granted;
1.3. notification form of the amounts of customs payments, other payments which are not paid at the scheduled time which collection is assigned to customs authorities according to appendix 3;
1.4. the inventory of medical appointment and the specialized food products of dietary clinical nutrition imported on customs area of the Eurasian Economic Union in the Republic of Belarus in the international mailings and (or) delivered by carrier to the physical persons included in the list created by the Ministry of Health, having separate incurable diseases on which action of subitem 8.2 of Item 8 of article 199 of the Law of the Republic of Belarus "On customs regulation in the Republic of Belarus" according to appendix 4 expatiates;
1.5. the list of separate incurable diseases of the physical persons included in the list created by the Ministry of Health to which on customs area of the Eurasian Economic Union in the Republic of Belarus are imported in the international mailings and (or) goods of medical appointment and specialized food products of dietary clinical nutrition on which action of subitem 8.2 of Item 8 of article 199 of the Law of the Republic of Belarus "On customs regulation in the Republic of Belarus" according to appendix 5 expatiates are delivered by carrier.
2. Determine that:
2.1. the goods placed on temporary storage in the place of arrival can be stored in the places of temporary storage which are not in the place of arrival, in the following cases:
goods are transported by rail transport to the places of temporary storage placed at railway stations;
documents for goods placement, transported by road transport, on temporary storage in the place of arrival are provided by the warehouse keeper of temporary storage on which the goods placed on temporary storage in such place of arrival can be stored. The list of warehouses of temporary storage in which the goods transported by road transport, placed on temporary storage in places of arrival can be stored and the places of arrival corresponding to them is established by the State Customs Committee;
2.2. in case of identification of mistakes in the notification on the amounts of customs payments, other payments which are not paid at the scheduled time which collection is assigned to customs authorities (further – the notification), except the notification specified in part six of Item 2 of article 61 of the Law of the Republic of Belarus "About customs regulation in the Republic of Belarus" changes, except for are made to it:
mistakes in the name (surname, initials) of the payer or person performing with the payer solidary duty on customs payment, penalty fee, percent, other payments which collection is assigned to customs authorities;
mistakes in the amount of customs payments, other payments which collection is assigned to customs authorities, and also the penalty fee added on such payments if the mistake entailed reduction of such amount;
absence case in the notification of the subject to customs payment, other payments which collection is assigned to customs authorities, and (or) the penalty fee added on such payments, data on which as a result of mistake were not specified in the notification.
Modification of the notification is performed:
according to the decision of the chief (deputy chief) of the customs which constituted such notification;
in time no later than three working days from the date of detection of mistake and no later than three years from the date of creation of the notification.
Modification of the notification is drawn up on the form of the letter of customs. At the same time in the letter of customs the data which are subject to change from the notification and the changes made to the notification are specified.
Changes in the notification go to the address of the payer and person performing solidary duty on customs payment, penalty fee, percent, other payments which collection is assigned to customs authorities, in terms and according to the procedure, the notifications determined for the direction (delivery);
2.3. permission to making with the goods which are on temporary storage of the transactions specified in part one of Item 1 of article 87 of the Law of the Republic of Belarus "About customs regulation in the Republic of Belarus" except for of unloading of goods concerning which action of customs procedure of customs transit is complete (further – permission to making of transactions) is issued by customs authority based on the statement of the person having powers concerning goods (further – the statement on making of transactions), constituted electronically or written form in duplicate in case of impossibility for technical reasons of its giving electronically.
Unloading permit of goods concerning which action of customs procedure of customs transit is complete is the registration document number, provided for goods placement on temporary storage, appropriated by customs authority in case of the placement of such goods on temporary storage.
The statement on making of transactions:
moves in customs authority in which region of activities making of the transactions specified in Item 2 of article 102 of shopping Mall EEU including marking of the goods which are on temporary storage in warehouse of temporary storage and in duty-free shop, unloading, overload (transfer) of goods is provided;
shall contain list of transactions and reasons for need of their making.
The application is electronically submitted for making of transactions through the single portal of electronic services or by means of system of interdepartmental electronic document management of state bodies.
Permission to making of transactions or refusal in issue of such permission:
are issued by customs authority no later than one hour from the moment of registration of a statement on making of transactions and if such statement is registered less than in one hour prior to completion of work of customs authority, – within one hour from the moment of the beginning of working hours of this customs authority;
shall contain date and time of their issue.
Permission to making of transactions in case of filing of application on making of transactions is issued:
in writing by imposing of the resolution of the authorized officer of customs authority on two copies of such statement, the witnessed signature and print of personal number seal;
electronically by the direction to person who submitted such application, letters electronically through the single portal of electronic services or by means of system of interdepartmental electronic document management of state bodies.
The refusal shall contain the reasons of such refusal in issue of permission to making of transactions.
The customs authority refuses issue of permission to making of transactions in cases:
if the statement on making of transactions contains incomplete or false information;
non-compliance with the requirements specified in parts one, the third and fourth this subitem.
One copy of the application on making of transactions, given in writing, with the resolution of the authorized officer of customs authority returns to person who submitted such application;
2.4. goods concerning which preliminary customs declaring is performed can be placed (to be) in the customs control zone which is in the region of activities of the customs authority other than the customs authority which registered the declaration on goods:
if such goods are placed on temporary storage in the place of arrival and are stored in the place of temporary storage which is not in the place of arrival according to subitem 2.1 of this Item;
in case of use by the Authorized Economic Operator having the certificate on inclusion in the register of Authorized Economic Operators of the second or third type, special simplification provided in the subitem 5 of Item 3 of article 437 of shopping Mall EEU;
2.5. No. 307 is excluded according to the Resolution of Council of Ministers of the Republic of Belarus of 14.05.2022
2.6. to fields of activity in case of receipt of the work permit in which the foreign physical person can import on customs area of the Eurasian Economic Union in the Republic of Belarus in the accompanied and (or) unaccompanied baggage for the stay in such territory with exemption of customs duties, taxes the goods for private use which were in the use, the activities which are priority type of activity (the sector of economy) for implementation of investments, certain Council of Ministers of the Republic of Belarus according to Item 1 of article 6 of the Law of the Republic of Belarus of July 12, 2013 No. 53-Z "About investments" belong.
Work of the foreign physical person in the spheres specified in part one of this subitem is confirmed by the conclusion:
republican state body, other organization subordinated to Council of Ministers of the Republic of Belarus, regional executive committee, Minsk city executive committee (further respectively – regional executive committee, the Minsk Gorispolkom), Administration of the President of the Republic of Belarus, the Operational analytical center in case of the President of the Republic of Belarus which signed on behalf of the Republic of Belarus the investment agreement or representatives on coordination of works on the investment project;
regional executive committee or executive committee of the basic territorial level which made the decision on inclusion of the investment project in the list of preferential investment projects.
The conclusion specified in part two of this subitem shall contain the information about such foreign physical person, its position of the employee (the worker's profession), the place and the period of its work in the territory of the Republic of Belarus;
2.7. customs declaration of goods according to article 116 of shopping Mall EEU can be performed in case of accomplishment of the following additional terms:
customs declaring is performed when placing goods under customs procedures of export, release for internal consumption, customs warehouse, duty-free trade, free customs zone, free warehouse or concerning supplies;
in case of customs declaring the declaration on goods is used;
goods, except for supplies, are declared as one goods;
customs applicant of goods is the Authorized Economic Operator, resident free (special, special) economic zone (further – SEZ), the owner of customs warehouse, the owner of free warehouse or the owner of duty-free shop;
goods concerning which customs declaring according to article 116 of shopping Mall EEU is performed except for of the goods moved with pipeline transport or on power lines after their import to customs area of the Eurasian Economic Union will be shown to the customs authority which performed release of such goods.
Customs declaration of goods according to article 116 of shopping Mall EEU is not applied to goods:
the placed under customs procedure using privileges on customs payment and (or) tariff preferences;
subject to marking if availability of such marking is condition of release of goods;
assessed by export customs duties, placed under customs procedure of export;
during which period of delivery the rate of customs payment, the special, anti-dumping, compensatory duty is changed or entered or prohibitions and restrictions are established;
containing the intellectual property items included in the national customs register of intellectual property items and (or) the unified customs register of intellectual property items of state members of the Eurasian Economic Union;
2.8. in case of customs declaration of goods according to article 116 of shopping Mall EEU customs control concerning the goods declared in the declaration on goods is carried out during the entire period of delivery, including for the purpose of non-admission of import to customs area of the Eurasian Economic Union in the Republic of Belarus or export from such territory of goods in the quantity exceeding the quantity declared in the declaration on goods, except as specified, when according to the acts constituting the right of the Eurasian Economic Union import to customs area of the Eurasian Economic Union in the Republic of Belarus or export from such territory of goods in the quantity exceeding the quantity declared in the declaration on goods is allowed.
Customs control is carried out with the features specified in part one of this subitem concerning goods:
imported on customs area of the Eurasian Economic Union in the Republic of Belarus, - in case of their presentation to the customs authority which performed release of goods;
exported from customs area of the Eurasian Economic Union in the Republic of Belarus, - in case of their presentation to customs authority in the place of departure if other is not determined within use of risk management system.
The customs authority which performed release of the goods imported on customs area of the Eurasian Economic Union in the Republic of Belarus concerning which customs declaring according to article 116 of shopping Mall EEU is performed informs in written or electronic form of the customs applicant on identification of exceeding of the goods quantity declared in case of such customs declaring in the declaration on goods;
2.9. No. 307 is excluded according to the Resolution of Council of Ministers of the Republic of Belarus of 14.05.2022
2.10. when using as the declaration on goods of the documents provided by acts of Universal Postal Union and accompanying the international mailings, submission of such customs declaration is followed by representation of its electronic type in case of declaration of goods according to customs procedures of export and reimport.
When using as the passenger customs declaration of the documents provided by acts of Universal Postal Union and accompanying the international mailings, submission of such customs declaration is followed by representation of its electronic type in case of transfer of goods in the registered international mailings to physical persons, constantly or temporarily living, temporarily staying in the territory of the Republic of Belarus if:
the cost, weight and (or) goods quantity, sent in one international mailing, exceed the legislations established by acts in the field of customs regulation or decisions of the Eurasian economic commission cost, weight and (or) quantitative regulations of import to customs area of the Eurasian Economic Union in the Republic of Belarus of goods for private use without payment of customs duties, taxes;
in the documents provided by acts of Universal Postal Union and accompanying the international mailing there are no data which are subject to specifying in such documents;
2.10-1. in the cases determined by part two of subitem 2.10 of this Item, the appointed operator of mail service provides in customs authority information electronically on identity documents of the physical person – the receiver of the goods for private use sent in the international mailings;
2.11. the physical person, constantly or temporarily living, temporarily staying in the territory of the Republic of Belarus, being the receiver of the goods for private use sent to its address in the registered international mailings if declaring of such goods is performed with use as the passenger customs declaration of the documents provided by acts of Universal Postal Union and accompanying the registered international mailings in the cases specified in part two of subitem 2.10 of this Item represents to the appointed operator of mail service of the Republic of Belarus in Russian or Belarusian of the data:
about surname, own name, middle name (if that is available);
about the place of permanent or temporary residence or temporary stay in the Republic of Belarus of such person;
about the name and goods quantity;
about the cost of goods;
about the passport, other identity document of the receiver of goods (number and date of issue, identification number (in the presence).
The data specified in part one of this subitem are represented by the physical person – the receiver of the goods for private use sent in the registered international mailings through the official site of the appointed operator of mail service of the Republic of Belarus on the global computer Internet or in writing by means of mail service, including with use of national post electronic system, to the appointed operator of mail service of the Republic of Belarus.
2.12. capital structures (buildings, constructions), their parts, the isolated rooms, their parts (further – real estate objects), construction and (or) equipment of which were made made) by the owner of free customs zone (further – STZ) with use of the goods placed under customs procedure of free customs zone which without prejudice to implementation of the investment project of this owner of STZ can be transferred to resident of SEZ for implementation of its investment project, are determined by administration of SEZ or the authorized person based on the address of the owner of STZ which placed the specified goods under customs procedure of free customs zone with application of a copy of the agreement signed between it and resident of SEZ to which these real estate objects, and reasons for need of such transfer are transferred.
Administration of SEZ or the authorized person within five working days from the date of receipt of the address specified in part one of this subitem:
makes the decision on possibility of transfer of real estate objects or impossibility of their transfer;
informs on the made decision on the form of the letter of administration of SEZ signed by the head of administration of SEZ, the head of the authorized person or their deputies:
person which provided the address specified in part one of this subitem;
customs authority in which the goods specified in part one of this subitem were placed under customs procedure of free customs zone, in case of decision making about possibility of transfer of real estate objects.
For the purposes of this subitem the owner of STZ is understood as resident of SEZ, including logistic SEZ, port SEZ, territorial SEZ, and also person who is a part of the system of governing bodies of territorial SEZ for which STZ limits are determined;
2.13. in case of declaration of goods in case of their room under customs procedure of free customs zone and absence in the declaration on goods of data on STZ in which it is placed or the goods, by the notification on commodity importation, placed under customs procedure of free customs zone, are planned for STZ territory, including for the territory of port STZ or logistic STZ to placement, are presented in the form of the electronic document by the customs applicant of customs procedure of free customs zone in customs authority in which region of activities STZ, the notification on placement of goods in the customs control zone is located.
In case of declaration of goods in case of their room under customs procedure of free customs zone and availability in the declaration on goods of data on STZ in which it is placed or the goods, by the notification on commodity importation, placed under customs procedure of free customs zone, are planned for STZ territory, including for the territory of port STZ or logistic STZ to placement, such declaration on goods is.
When importing to the territory of port STZ, logistic STZ or territorial STZ of goods which are considered placed under customs procedure of free customs zone from the date of their import to such territory the notification on import of such goods to the territory of port STZ, logistic STZ or territorial STZ is presented in the form of the electronic document by the customs applicant of customs procedure of free customs zone in customs authority in which region of activities STZ, the notification on placement of goods in the customs control zone is located.
In case of the return import to STZ territory, including to the territory of port STZ or logistic STZ, the goods specified in subitems 1, of 2, of the 4 and 5 item 4 of article 205 of shopping Mall EEU, the notification on import of such goods to SEZ territory including to the territory of port STZ or logistic STZ, is presented in the form of the electronic document by the customs applicant of customs procedure of free customs zone in customs authority in which region of activities STZ, the notification on placement of goods in the customs control zone is located.
The notification on placement of goods in the customs control zone is submitted in the case specified:
in part one of this subitem, in case of commodity importation, placed under customs procedure of free customs zone, on STZ territory, including on the territory of port STZ or logistic STZ, but no later than three working days from the date of the room of such goods under customs procedure of free customs zone;
in part three of this subitem, no later than the next working day from the date of commodity importation on the territory of port STZ, logistic STZ or territorial STZ, but no later than day of export of such goods out of limits of port STZ, logistic STZ or territorial STZ respectively;
in part four of this subitem – in day of commodity importation on STZ territory, including on the territory of port STZ or logistic STZ.
Features of filling of the notification on placement of goods in the customs control zone in the cases specified in parts one, the third and fourth this subitem are determined by the State Customs Committee;
2.14. the export permit of the goods placed under customs procedure of free customs zone, and (or) the goods made (received) of the goods placed under customs procedure of free customs zone from STZ territory including from the territory of port STZ or the logistic STZ, except as specified, specified in parts two, the third and sixth this subitem is release of goods according to the declared customs procedure for the purpose of their export from STZ territory.
In case of commodity exportation from STZ territory according to item 4 of article 205 of shopping Mall EEU the export permit of such goods from the territory of STZ is the permission allowing commodity exportation, placed under customs procedure of free customs zone, and (or) the goods made (received) of the goods placed under customs procedure of free customs zone from STZ territory without completion of action of customs procedure of free customs zone.
The decision on issue of the export permit of goods from STZ territory in the case specified in the subitem 1 of Item 10 of article 207 of shopping Mall EEU or about refusal in issue of such permission is accepted by the customs authority which performed release of goods according to customs procedure of free customs zone:
within two working days from the date of giving by the customs applicant of customs procedure of free customs zone of the notification specified in part two of Item 21 of the Regulations on the free customs zones created in the territories free (special, special) economic zones (further for the purposes of this subitem - the notification);
in case of submission of the notification:
in writing by introduction of the resolution of the authorized officer of customs authority on the notification, the witnessed signature and print of personal number seal;
electronically by the direction of the electronic message to person which submitted the notification.
The decision on issue of the export permit of goods from STZ territory in the case specified in the subitem 1 of Item 10 of article 207 of shopping Mall EEU or about refusal in issue of such permission shall contain essence of the made decision, date and time of its acceptance, and also cause of failure in case of decision making about refusal in issue of permission.
The copy of the notification with the resolution of the authorized officer of customs authority goes to the person who submitted the notification.
In case of commodity exportation from STZ territory according to the subitem 4 of Item 10 of article 207 of shopping Mall EEU the export permit of such goods from the territory of STZ is permission of customs authority to departure of goods from customs area of the Eurasian Economic Union;
2.15. No. 48 is excluded according to the Resolution of Council of Ministers of the Republic of Belarus of 27.01.2025
The regulations on approval of customs authorities of decisions (are applied).
4. Make changes to resolutions of Council of Ministers of the Republic of Belarus according to appendix 6.
5. Declare invalid the resolution of Council of Ministers of the Republic of Belarus of April 29, 2015 No. 366 "About the single questions of commodity importation moved according to customs procedure of customs transit from the Kaliningrad region of the Russian Federation on customs area of the Eurasian Economic Union through the Republic of Belarus".
6. To republican state bodies in four-months time to bring the regulatory legal acts into accord with this resolution and to take other measures for its realization.
7. This resolution becomes effective in the following procedure:
subitems 2.10 and 2.11 of Item 2 - since January 1, 2020;
the paragraph of the sixth of Item 3 - in six months after official publication of this resolution;
other provisions of this resolution - in ten days after its official publication.
8. Provisions of subitems 1.1 and 1.2 of Item 1 of this resolution are effective before entry into force of the decision of the Eurasian economic commission regulating the corresponding legal relationship.
Informing persons on entry into force of such decisions of the Eurasian economic commission is performed by the State Customs Committee through the single Internet portal of customs authorities of the Republic of Belarus.
Prime Minister of the Republic of Belarus
S. Rumas
Appendix 1
to the Resolution of Council of Ministers of the Republic of Belarus of June 20, 2019 No. 406
|
Description of goods * |
Commodity code according to the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union |
|
1. Meat of cattle, fresh or cooled |
0201 |
|
2. Meat and food offal, fresh or cooled ** |
from 0203–0208 |
|
3. The pork fats separated lean meat, and the fat of poultry which are not melted or not extracted in a different way, fresh, cooled ** |
from 0209 |
|
4. Live fish |
0301 |
|
5. Fish fresh or cooled |
0302 |
|
6. Fillet fish and other meat of fish (including forcemeat), fresh or cooled ** |
from 0304 |
|
7. Crustacea, mollusks, water invertebrates live, fresh or cooled ** |
from 0306–0308 |
|
8. Milk and cream |
0401–0402 |
|
9. Yogurt; buttermilk, the turned milks and cream, kefir and other fermented or skvashenny the milks and cream condensed or not condensed with addition or without addition of sugar or other edulcorant substances, with vkusoaromatichesky additives or without them, with addition or without addition of fruit, nuts or cocoa ** |
0403 |
|
10. The whey condensed or not condensed with addition or without addition of sugar or other edulcorant substances; products from natural components of milk, with addition or without addition of sugar or other edulcorant substances |
0404 |
|
11. Cheeses and cottage cheese |
0406 |
|
12. Egg |
0407–0408 |
|
13. Live trees and other plants; bulbs, roots and other similar parts of plants; cut flowers and decorative greens |
group 06, except for 0603 90 000 0, 0604 90 |
|
14. Tomatoes fresh or cooled |
0702 00 000 |
|
15. Onion, onions shallot, garlic, leek and other bulbous vegetables, fresh or cooled |
0703 |
|
16. Cabbage headed, cauliflower, kohlrabi, cabbage sheet and similar edible vegetables from the sort Brassica, fresh or cooled |
0704 |
|
17. Lettuce |
0705 11 000 0, 0705 19 000 0 |
|
18. Cucumbers and gherkins, fresh or cooled |
0707 00 |
|
19. Mushrooms fresh ** |
from 0709 |
|
20. Eggplants |
0709 30 000 0 |
|
21. Celery |
0709 40 000 0 |
|
22. Pepper siliculose sweet |
0709 60 100 |
|
23. Spinach |
0709 70 000 0 |
|
24. Beet sheet ** |
from 0709 99 200 0 |
|
25. Bananas fresh |
0803 90 100 0 |
|
26. Pineapples fresh |
0804 30 000 1 |
|
27. Avocado fresh ** |
from 0804 40 000 0 |
|
28. Oranges sweet, fresh |
0805 10 200 0 |
|
29. Tangerines fresh ** |
from 0805 21 000 0 |
|
30. Clementines fresh ** |
from 0805 22 000 0 |
|
31. Pomelo and grapefruits, fresh ** |
from 0805 40 000 0 |
|
32. Lemons and limes, fresh ** |
from 0805 50 |
|
33. Grapes fresh |
0806 10 |
|
34. Melons, water-melons and papaya, fresh |
0807 |
|
35. Pears are fresh, other |
0808 30 900 0 |
|
36. Apricots fresh |
0809 10 000 0 |
|
37. Cherry and sweet cherry, fresh |
0809 21 000 0–0809 29 000 0 |
|
38. Peaches and nectarines, fresh |
0809 30 |
|
39. Plums fresh |
0809 40 050 0 |
|
40. Berries fresh |
0810 10 000 0–0810 40 900 0 |
|
41. Kiwi fresh |
0810 50 000 0 |
|
42. Persimmon fresh |
0810 70 000 0 |
|
43. Garnet fresh ** |
from 0810 90 750 0 |
|
44. Fresh greens ** |
from 1211 90 |
|
45. Juice and plant extracts ** |
from 1302 |
|
46. Juice fruit or nut (including grape must and coconut water) and juice vegetable, unfermented and not containing alcohol additives, with addition or without addition of sugar or other edulcorant substances |
2009 |
|
47. Yeast ** |
from 2102 |
|
48. The ice cream and other types of food ice which are not containing or containing cocoa |
2105 00 |
|
49. Nucleic acids and their salts, certain or uncertain chemical composition; heterocyclic compounds other |
2934 |
|
50. Bodies and tissues of the person, samples of biological materials of the person ** |
from 3001 |
|
51. Blood human; the blood of animals prepared for use in the therapeutic, preventive or diagnostic purposes; serums immune, fractions of blood the other and immunological products modified or the unmodified, including received by methods biotechnologies; vaccines, toxins, cultures of microorganisms (except yeast) and similar products ** |
from 3002 |
|
52. Albumine (including concentrates of two or more serumal proteins containing more than 80 Mas. % of serumal proteins in terms of solid), albuminates and other derivatives of albumine |
3502 |
______________________________
* For the purposes of this list the goods are determined only by its code of the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union, the description of goods is given only for convenience of use.
** For the purposes of this list goods of this line item are determined as their code of the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union, and the name.
Appendix 2
to the Resolution of Council of Ministers of the Republic of Belarus of June 20, 2019 No. 406
|
Description of goods * |
Commodity code according to the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union |
|
1. Sweet corn (Zea mays var. saccharata) hybrid for crops |
0712 90 110 0 |
|
2. Pisum sativum for crops |
0713 10 100 0 |
|
3. Haricot ordinary, including white melkosemenny beans (Phaseolus vulgaris), for crops |
0713 33 100 0 |
|
4. Seeds, fruits and disputes for crops |
1209 |
|
5. Insecticides, fungicides, herbicides, plant growth inhibitors and regulators of growth of plants, rodenticides |
3808 91, the 3808th 92, the 3808th 93, 3808 99 |
______________________________
* For the purposes of this list the goods are determined only by its code of the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union, the description of goods is given only for convenience of use.
Appendix 3
to the Resolution of Council of Ministers of the Republic of Belarus of June 20, 2019 No. 406
Form
__________________ №________
_______________________________________
(name (surname, initials),
_______________________________________
location (residence) of person)
_____________________________________________________________________________
(name of customs)
based on Item 2 of article 61 of the Law of the Republic of Belarus of January 10, 2014 No. 129-Z "In the Republic of Belarus" notifies on customs regulation ___________________
(name (surname,
_____________________________________________________________________________
initials), accounting number of the payer (in the presence) (data of the identity document),
_____________________________________________________________________________
location (residence) of the payer 1)
about not paid in time, established ___________________________________________
(references to Items (Articles) of regulating
_____________________________________________________________________________
customs legal relationship of international treaties, the acts constituting the right
_____________________________________________________________________________
The Eurasian Economic Union, and (or) acts of the legislation, on the basis
_____________________________________________________________________________
which there came the payment due date of customs payments, other payments, collection
____________________________________________________________________________,
which it is assigned to customs authorities)
summakh2:
|
№ |
The name of the payment which is subject uplate3 |
Amount (payment currency) |
|
1. |
||
|
2. |
||
|
… |
||
|
Total |
The obligation on customs payment 4, of penalty fee, percent, other payments levied by customs authorities is subject to execution solidary with _______________
(name
_____________________________________________________________________________
(surname, initials), accounting number of the payer (in the presence) (data of the document,
_____________________________________________________________________________
proving the identity), the location (residence) of the payer)
Within ten working days from the date of receipt of this notification it is required:
make customs payment, penalty fee, percent, other payments which collection is assigned to customs authorities, specified in the table, into the account _____________________________________________________________________________
(account number, bank name,
____________________________________________________________________________;
bank identification code, accounting number of the payer of customs)
to inform in writing ________________________________________________
(name of customs)
about effected payment of the amounts of customs payments, penalty fee, percent, other payments which collection is assigned to customs authorities, specified in the table, with indication of data on the documents confirming their payment;
give adjustment of the declaration on goods in case of adoption by customs authority of the decision on modification and (or) amendments to the data declared in the customs declaration;
make payment of penalty fee according to the procedure, determined in article 55 of the Tax Code of the Republic of Belarus.
The penalty fee which is subject to payment can be paid along with payment of the amounts of customs payments, other payments which collection is assigned to customs authorities, or after such payment.
On __________________ the amount of penalty fee is subject to payment:
(date)
|
№ |
The name of payment on which penalty fee is added |
Amount of penalty fee (payment currency) |
|
1. |
||
|
2. |
||
|
… |
||
|
Total |
In addition we inform that in case of payment of the amounts of customs payments, other payments which collection is assigned to customs authorities and also the penalty fee added on such payments before the expiration of ten working days from the date of receipt of this notification payment of penalty fee is made in the amount of, calculated according to item 4 of article 55 of the Tax Code of the Republic of Belarus, reduced twice.
In case of non-execution or improper execution of obligation on customs payment, penalty fee, percent, other payments which collection is assigned to customs authorities, specified in this notification, within ten working days from the date of receipt of this notification ___________________________________
(name of customs authority)
measures for collection of the specified payments according to Article 68 of the Customs code of the Eurasian Economic Union will be taken.
In case of lack of money (electronic money) or their insufficiency _____________________________________________________________________________
(name (surname, initials) of the payer 1)
it is necessary no later than five working days from the date of receipt of this notification to provide the list of debtors with indication of receivables amount, and also the copy of the documents confirming availability debit zadolzhennosti5.
This notification can be appealed according to the procedure, established in articles 261-270 of the Law of the Republic of Belarus "About customs regulation in the Republic of Belarus".
Appendix:
the decision on modification and (or) amendments in the data declared in the declaration on goods 6, from _____ to No. ______ or the customs paper specified in Item 3 of Article 52, paragraph one of Item 26 of Article 266 of the Customs code of the Eurasian Economic Union 7, on ____ to l.;
the notification on the amounts of customs payments, other payments which are not paid at the scheduled time which collection is assigned to customs authorities 8, on ______ by l.
|
Chief (deputy chief) |
|||
|
(signature) |
(surname, initials) |
______________________________
1 The information about the payer concerning which the notification on the amounts of customs payments which are not paid at the scheduled time, other payments which collection is assigned to customs authorities (further – the notification) is constituted is specified. In case of creation of the notification concerning persons performing with the payer solidary duty on customs payment, penalty fee, percent, other payments which collection is assigned to customs authorities instead of the payer person performing solidary duty with the payer is specified.
2 If the payer pays customs payments, percent, other payments which collection is assigned to customs authorities, and only penalty fee is subject to payment, the table is not filled in.
3 Customs payments, percent, other payments which collection is assigned to customs authorities are subject to specifying.
4 It is filled in the notifications constituted concerning persons performing with the payer solidary duty on customs payment, penalty fee, percent, other payments which collection is assigned to customs authorities.
5 It is specified in the notifications accepted concerning legal entities and individual entrepreneurs.
6 It is applied to the notification constituted concerning persons which performed customs declaration of goods for the purpose of their room under the customs procedures provided by the Customs code of the Eurasian Economic Union, except for customs procedure of customs transit.
7 It is applied to the notification constituted concerning the persons which did not perform customs declaration of goods for the purpose of their room under the customs procedures provided by the Customs code of the Eurasian Economic Union, or placed goods under customs procedure of customs transit and also concerning the physical persons moving goods for private use.
8 The copy of the notification constituted concerning the payer is attached to the notification constituted concerning person performing with the payer solidary duty on customs payment, penalty fee, percent, other payments which collection is assigned to customs authorities.
Appendix 4
to the Resolution of Council of Ministers of the Republic of Belarus of June 20, 2019 No. 406
1. Goods of medical appointment:
1.1. needles to injektor (syringe handles) for insulin introduction;
1.2. systems of continuous monitoring of glucose in blood;
1.3. consumable materials to systems of continuous monitoring of glucose in blood;
1.4. consumable materials to pompa insulin;
1.5. pomp insulin;
1.6. wireless noninvasive glucose meter;
1.7. consumable materials to the wireless noninvasive glucose meter;
1.8. the syringe handle for insulin introduction;
1.9. syringes insulin;
1.10. plaster for insulin pomp and system of long monitoring of glycemia;
1.11. lancets one-time;
1.12. handles-prokalyvateli;
1.13. glucose meters;
1.14. test strips to the glucose meter;
1.15. the medical dressing including absorbing, film, with soft silicone covering, atraumatic ointment, the elastic fixing, elastic tubular, sterile nonwoven.
2. Specialized food products of dietary clinical nutrition:
2.1. reduced-protein (protein-free) sausages;
2.2. reduced-protein (protein-free) paste;
2.3. reduced-protein (protein-free) cheese;
2.4. reduced-protein (protein-free) rice;
2.5. reduced-protein (protein-free) macaroni;
2.6. reduced-protein (protein-free) flour;
2.7. reduced-protein (protein-free) cookies;
2.8. reduced-protein (protein-free) substitute of milk (milk drink);
2.9. reduced-protein (protein-free) porridge;
2.10. reduced-protein (protein-free) powdered milk;
2.11. reduced-protein (protein-free) buckwheat;
2.12. reduced-protein (protein-free) mix for pastries;
2.13. reduced-protein substitute of egg;
2.14. reduced-protein mashed potatoes;
2.15. dry mix on the basis of mix of amino acids without phenylalanine;
2.16. dry mix on the basis of mix of amino acids without isoleucine, leucine and valine;
2.17. dry mix on the basis of mix of amino acids without methionine;
2.18. dry mix on the basis of mix of amino acids without lysine, with absence or low content of tryptophane;
2.19. dry mix on the basis of mix of amino acids without methionine, threonine and valine;
2.20. dry mix on the basis of mix of amino acids without tyrosine and phenylalanine;
2.21. dry mix with the high content of srednetsepochechny triglycerides (MST);
2.22. oil (emulsion) of srednetsepochechny triglycerides (MST);
2.23. the specialized food products without gluten designated by the logo containing the crossed-out ear.
Appendix 5
to the Resolution of Council of Ministers of the Republic of Belarus of June 20, 2019 No. 406
1. Bullous эпидермолиз.
2. Diabetes.
3. Fenilketonuriya.
4. Tyrosine exchange violations (tirozinemiya).
5. Disease of "maple syrup" (лейциноз).
6. Other types of metabolic disorder of amino acids with branched chain (methyl-malonic acidemia and propionic acidemia).
7. Violations of exchange of sulfur-containing amino acids (gomotsistinuriya).
8. Violations of exchange of lysine and hydroxylysine (glutaric acidemia type 1).
9. Violations of exchange of fatty acids.
10. Tseliakiya.
Appendix 6
to the Resolution of Council of Ministers of the Republic of Belarus of June 20, 2019 No. 406
1. In the resolution of Council of Ministers of the Republic of Belarus of May 24, 2007 No. 674 "About approval of the Regulations on procedure for creation and designation of customs control zones and legal regime of the customs control zone":
state preamble in the following edition:
"Based on part two of Item 3 of article 122 of the Law of the Republic of Belarus of January 10, 2014 "About customs regulation in the Republic of Belarus" and Item 5 of the Regulations on the free customs zones created in the territories free (special, special) economic zones, No. approved by the Presidential decree of the Republic of Belarus of January 31, 2006 66, the Council of Ministers of the Republic of Belarus DECIDES: No. 129-Z";
state Item 1 in the following edition:
"1. Approve Regulations on procedure for creation and designation of customs control zones and legal regime of the customs control zone it (is applied).";
in Regulations on procedure for creation and designation of customs control zones and the legal regime of the customs control zone approved by this resolution:
in Item 2:
"the customs legislation of the Customs union" shall be replaced with words words "the international treaties and acts constituting the right of the Eurasian Economic Union regulating customs legal relationship";
exclude the words "Republic of Belarus";
from Item 3 of the word", except for the temporary customs control zone created for the purposes of temporary storage of goods for private use at the place of residence of person moving on the permanent residence to the Republic of Belarus" to exclude;
to exclude from Item 6 of the word "in accordance with the established procedure";
in Item 8:
in part two "(person)" shall be replaced with words the word "(special, special)";
add Item with part of the following content:
"The permanent customs control zone in the territory of duty-free shop is considered created from acceptance date by the State Customs Committee of the decision on inclusion of the legal entity in the register of owners of duty-free shops or the decision on modification of the register of owners of duty-free shops in connection with change of the territory and (or) shop area of duty-free trade.";
state Item 9 in the following edition:
"9. The temporary customs control zone is created according to the decision of the chief of the customs authority or person replacing it. The decision on creation of the temporary customs control zone is made at the initiative of customs authority or based on motivated request in written or electronic form of person having powers concerning goods on creation of the temporary customs control zone.
Documents, stipulated by the legislation about ministerial procedures are attached to motivated request of person having powers concerning goods.
In case of representation of request in writing the enclosed documents can be presented in the form of the originals, notarially attested copies or copies certified by the legal entity.
In case of representation of request electronically the enclosed documents are subject to electronic submission, corresponding original of the submitted document or its notarially attested copy.";
in paragraph one of part one of Item 10 of the word "specified in part two" shall be replaced with words "specified in parts two and third";
in Item 13:
from paragraph one of part one of the word", except for the case specified in part three of this Item" to exclude;
the third and fourth to exclude parts;
state Item 15 in the following edition:
"15. The equipment of the permanent customs control zone according to requirements, stipulated in Item the 16th this provision, and providing the check mode in it shall be performed to the publication of the order on creation of the customs control zone, except for the customs control zones specified in parts two and third Item 8 of this provision.
The equipment of the permanent customs control zone specified in part two of Item 8 of this provision according to requirements, stipulated in Item the 16th this provision, and providing the check mode in it shall be performed within two months following after month of approval by customs authority of the decision of administration free (special, special) economic zone about determination of limits of free customs zone.
Before the expiration specified in part two of this Item, the owner of free customs zone shall inform in writing customs authority on the equipment of the permanent customs control zone specified in part two of Item 8 of this provision according to requirements, stipulated in Item the 16th this provision, and also providing the check mode in it.
Designation of the customs control zone is performed within ten working days after the publication of the order on creation of the customs control zone, except for the customs control zones specified in parts two and third Item 8 of this provision.
Designation of the permanent customs control zone specified in part two of Item 8 of this provision is performed within two months following after month of approval by customs authority of the decision of administration free (special, special) economic zone about determination of limits of free customs zone.
If in the territory of the free customs zone determined for one resident free (special, special) economic zone, limits of free customs zone for other resident free (special, special) economic zone, the equipment, designation of the customs control zone created in the territory of the free customs zone determined for other resident free are determined (special, special) the economic zone, is not required when providing the check mode with resident free (special, special) economic zone in the territory of which limits of free customs zone for other resident free (special, special) economic zone are determined.
If in borders of the territory of free customs zone there are sites which are not entering limits of this free customs zone, the equipment of internal border of the customs control zone specified in part two of Item 8 of this provision it is not required when providing the check mode with the owner of this free customs zone.
The equipment of the permanent customs control zone specified in part three of Item 8 of this provision according to requirements, stipulated in Item the 16th this provision, and providing the check mode in it, and also designation of such customs control zone shall be performed within ten working days from the date of adoption by the State Customs Committee of the decision on inclusion of the legal entity in the register of owners of duty-free shops or the decision on modification of the register of owners of duty-free shops in connection with change of the territory and (or) shop area of duty-free trade.";
in Item 16:
state part one in the following edition:
"16. The permanent customs control zone is equipped:
barrier, check system;
the system of video surveillance providing observation of all territory in which goods are stored and also makes customs, cargo and other operations with goods;
the platform for placement of the vehicles which are under customs control having the strengthened asphalt or asphalt concrete covering with obligatory marking of parking places, except for the customs control zone specified in part two of Item 8 of this provision.";
after part two to add Item with part of the following content:
"The equipment of the permanent customs control zone in the territory of port free customs zone or logistic free customs zone is made taking into account technological features of functioning of river, rail and (or) air transport.";
from part one of Item 17 of the word "except for persons moving on the permanent residence to the Republic of Belarus" to exclude;
exclude Item 19;
from part two of Item 22 of the word "About Measures for Increase in Traffic Safety" (2005, No. 189, 1/6961)" to exclude the national register of legal acts of the Republic of Belarus;
in Item 25:
paragraphs the third and fourth parts one after the word of "control" to add with the words "or owner of free customs zone";
add Item with part of the following content:
"Access for persons, except for officials of customs authorities, on the territory of the customs control zone specified in part two of Item 8 of this provision is performed with the permission of resident free (special, special) economic zone for which limits of free customs zone are determined.".
2. In the resolution of Council of Ministers of the Republic of Belarus of October 13, 2011 No. 1373 "About some questions of goods placement under customs procedures of conversion on customs area, conversions for internal consumption, outward processing and recognition voided some resolutions and structural elements of resolutions of Council of Ministers of the Republic of Belarus":
to state the name of the resolution in the following edition:
"About goods placement under customs procedures of conversion on customs area, conversions for internal consumption, outward processing";
state preamble in the following edition:
"Based on Chapters 24-26 of the Customs code of the Eurasian Economic Union, Item 2 of Article 202, 203, parts two of Item 1 of Article 204, of Item 2 of Article 205, of Item 2 of Article 209, Articles 210, of Item 3 of Article 211, of Item 2 of Article 213, of article 216 of the Law of the Republic of Belarus of January 10, 2014 No. 129-Z "About customs regulation in the Republic of Belarus" the Council of Ministers of the Republic of Belarus DECIDES: Articles";
state Items 1 and 2 in the following edition:
"1. Approve Regulations on goods placement under customs procedures of conversion on customs area, conversions for internal consumption, outward processings it (is applied).
2. Determine that under customs procedure of conversion for internal consumption any goods, except for the goods included in the inventory to which customs procedure of conversion on customs area, No. 203 approved by the Decision of Board of the Eurasian economic commission of December 11, 2018 is not applied can be located.";
to be reworded as follows appendix to this resolution it (is applied);
To be reworded as follows the regulations on goods placement under customs procedures of conversion on customs area, conversions for internal consumption, outward processing approved by this resolution it (is applied).
3. In the resolution of Council of Ministers of the Republic of Belarus of October 14, 2011 No. 1374 "About some questions of customs regulation, modification and amendments in some resolutions of Council of Ministers of the Republic of Belarus and recognition voided some resolutions of Council of Ministers of the Republic of Belarus":
to state the name of the resolution in the following edition:
"About the detained goods and ensuring discharge of duty on payment of customs duties, taxes, the special, anti-dumping, compensatory duties";
state preamble in the following edition:
"Based on Item part two 2, of Item 3 of Article 108, of part two of Item 1 of Article 139, of Article 140, of Item 3 of article 142 of the Law of the Republic of Belarus of January 10, 2014 No. 129-Z "About customs regulation in the Republic of Belarus", the Customs code of the Eurasian Economic Union the Council of Ministers of the Republic of Belarus DECIDES:";
state Item 1 in the following edition:
"1. Approve:
The regulations on procedure for expense recovery on storage of the detained goods demanded before the expiration of fixed terms of their storage, return of the detained goods which were not demanded at the scheduled time of their storage, compensation for expenses of the republican budget for transportation, storage and other expenses connected with realization of these goods, and return of the amounts received from realization of detainees of goods (are applied);
The regulations on conditions and procedure for recognition of legal entities and individual entrepreneurs as the guarantor before customs authorities (are applied).";
in Item 2:
in subitem 2.1:
in part one:
word in paragraph one of "ensuring payment of customs duties, taxes" shall be replaced with words "ensuring discharge of duty on payment of customs duties, taxes and ensuring discharge of duty on payment of the special, anti-dumping, compensatory duties (further – providing)";
exclude paragraph two;
in word part two of "percent and penalty fee" shall be replaced with words "the special, anti-dumping, compensatory duties, penalty fee, percent";
exclude subitem 2.2;
in paragraph one of subitem 2.3 of the word of "ensuring payment of customs duties, taxes" to replace with the word "providing";
in Item 3 of the word "fixed amount of ensuring payment" shall be replaced with words "the fixed amount of ensuring discharge of duty on payment";
to be reworded as follows appendix to this resolution it (is applied);
in Regulations on the procedure for expense recovery on storage of the detained goods demanded before the expiration of fixed terms of their storage, return of the detained goods which were not demanded at the scheduled time of their storage, compensation for expenses of the republican budget for transportation, storage and other expenses connected with realization of these goods, and return of the amounts received from realization of detainees of goods approved by this resolution:
in Item 2:
in subitem 2.1 of the word "Articles 170," shall be replaced with words 192 and 231 Customs Code of the Customs Union "Item 3 of Article 101 and Items 5 and 6 of Article 161 of the Customs code of the Eurasian Economic Union";
in paragraph one of subitem 2.2 of the word of Customs union shall be replaced with words Eurasian Economic Union;
in Item 5 of the word of Customs union shall be replaced with words Eurasian Economic Union;
in part one of Item 8 of the word of Customs union and "Article 147" to replace respectively with words of Eurasian Economic Union and "Article 381";
in Item 11 "delivery" to replace the word with the word "obtaining";
in Item 15:
to exclude from part one of the word "in the procedure established by the legislation";
third to state part in the following edition:
"The repeated address on the issue of return of these goods is considered by customs if the term specified in Item 12 of this provision is passed on reasonable excuses which are documented or if such address is performed concerning processing equipment, component parts, spare parts to it, raw materials and materials.";
in Item 20 part one:
word in paragraph one "Item 2 of article 149 of the Customs Code of the Customs Union" shall be replaced with words "Item 1 of Article 381 of the Customs code of the Eurasian Economic Union";
in the paragraph the second shall be replaced with words words of "article 149 of the Customs Code of the Customs Union" "Article 383 of the Customs code of the Eurasian Economic Union";
in paragraph three "delivery" to replace the word with the word "obtaining";
in part one of Item 21 of the word "the terms established by the legislation" shall be replaced with words "the term established in Item 3 of Article 383 of the Customs code of the Eurasian Economic Union";
in Regulations on conditions and the procedure for recognition of legal entities and individual entrepreneurs as the guarantor before customs authorities approved by this resolution:
in subitem 2.3 of Item 2 of the word of "percent and penalty fee" shall be replaced with words "the special, anti-dumping, compensatory duties, penalty fee, percent";
in Item 3:
in paragraph one "any" shall be replaced with words the word "written or electronic";
add Item with part of the following content:
"In case of submission of the statement electronically the documents specified in part one of this Item are subject to electronic submission, corresponding original of the submitted document or its notarially attested copy.";
from part two of Item 6 of the word", and impress of a seal of the guarantor in case of its availability" to exclude;
in Item 8:
in the paragraph the second the words "percent, penalty fee" shall be replaced with words "the special, anti-dumping, compensatory duties, penalty fee, percent";
word in paragraph three of "percent and penalty fee" shall be replaced with words "the special, anti-dumping, compensatory duties, penalty fee, percent".
4. In the resolution of Council of Ministers of the Republic of Belarus of January 20, 2012 No. 64 "About the body authorized on issue of confirmations about non-realization on customs area of the Customs union of production of products of conversion":
in the name of the word of Customs union shall be replaced with words Eurasian Economic Union;
state Item 1 in the following edition:
"1. Authorize the Industry ministry on:
issue of the conclusion confirming non-realization on customs area of the Eurasian Economic Union of production of products of conversion from the goods specified in Items 15-17, 19 of the inventory prohibited to the room under customs procedure of outward processing, the Customs union approved by the Decision of the Commission of September 20, 2010 to No. 375 (further – the list);
issue of the conclusion confirming non-realization in the territory of the Republic of Belarus of production of products of conversion from the goods specified in Items 15-17, 19 of the list.";
in subitem 2.1 of Item 2:
in the paragraph the second "15, 16, 25–27, 29, 30" to replace figures with figures "15-17, 19";
in paragraph three:
shall be replaced with words words of Customs union Eurasian Economic Union;
replace figures "15-30" with figures "15-17, 19";
in Item 3:
shall be replaced with words words of Customs union Eurasian Economic Union;
replace figures "15-30" with figures "15-17, 19".
5. In the resolution of Council of Ministers of the Republic of Belarus of March 21, 2014 No. 241 "About some questions connected with completion of customs procedure of free customs zone (free warehouse)":
to state the name of the resolution in the following edition:
"About customs procedure of free customs zone (free warehouse)";
state preamble in the following edition:
"Based on part three of Item 21 and Item 26 of the Regulations on the free customs zones created in the territories free (special, special) economic zones, No. approved by the Presidential decree of the Republic of Belarus of the January 31, 2006 66, Items 501, 512 and 513 Regulations on free warehouses approved by the Presidential decree of the Republic of Belarus of February 9, 2012 No. 55, Council of Ministers of the Republic of Belarus DECIDES:";
state Item 1 in the following edition:
"1. Approve:
The regulations on completion of action of customs procedure of free customs zone (free warehouse) (are applied);
The regulations on procedure for issue by customs authority of the permission allowing commodity exportation (are applied).";
add the resolution with Item 11 of the following content:
"11. In this resolution terms and their determinations in the values established by the international treaties and acts constituting the right of the Eurasian Economic Union, the legislation, including Regulations on the free customs zones created in the territories free regulating customs legal relationship (special, special) economic zones are used.";
Regulations on procedure for determination by the customs applicant of customs procedure of free customs zone (free warehouse) of goods quantity, placed under customs procedure of free customs zone (free warehouse), and also in the part corresponding to the number of irretrievable lost production losses, for the purpose of recognition of such goods not being under customs control to be reworded as follows the part corresponding to the number of the waste unsuitable for their further commercial use it (is applied);
add the resolution with Regulations on procedure for issue by customs authority of the permission allowing commodity exportation it (is applied).
6. In the resolution of Council of Ministers of the Republic of Belarus of May 27, 2014 No. 509 "About measures for implementation of the Law of the Republic of Belarus "About customs regulation in the Republic of Belarus":
state preamble in the following edition:
"Based on Item 2 of Article 6, parts two of item 4 of Article 8, parts two of item 4 of Article 21, item 4 of Article 73, parts four and heel of item 4 of Article 74, Item 3 of Article 89, Item 7 of Article 91, Item 6 of Article 93, Item 3 of Article 103, parts two of Item 2 of Article 108, parts one of Item 1 of Article 121, parts two of Item 3 of Article 122, Articles 125, Item 3 of Article 126, Items 7 and 10 of Article 128, Item 3 of Article 149, parts two of Item 1 of Article 162, item 4 of Article 166, parts two of item 4 of Article 186, parts three of Item 2 of Article 187, parts two of Item 1 of Article 204, articles 217 and 237 of the Law of the Republic of Belarus of January 10, 2014 No. 129-Z "About customs regulation in the Republic of Belarus", Item 20 of the Regulations on the free customs zones created in the territories free (special, special) economic zones, No. approved by the Presidential decree of the Republic of Belarus of January 31, 2006 66, and Item 512 of the Regulations on free warehouses approved by the Presidential decree of the Republic of Belarus of February 9, 2012 No. 55, Council of Ministers of the Republic of Belarus DECIDES:";
in Item 2:
exclude subitem 2.1;
in subitem 2.2:
exclude part one;
in part two:
the paragraph one to state in the following edition:
"Conditions of issue of permission for placement of goods for the purpose of temporary storage in other places, than warehouses of temporary storage, except for temporary storage of goods for private use at the place of residence of person moving on the permanent residence to the Republic of Belarus are:";
from word paragraph two", created in the procedure established by the legislation" to exclude;
in subitem 2.31:
from paragraph two of the word "About Approval of the Regulations on Goods Distribution Network of the Belarusian Organizations Abroad, the Qualifier of Delivery Types of the Goods Which Are Subject to Accounting when Implementing Export Transactions, and Recognition Voided Some Resolutions of Council of Ministers of the Republic of Belarus" (2012, No. 28, 5/35331)" to exclude the national register of legal acts of the Republic of Belarus;
in the paragraph the twelfth shall be replaced with words the words "for codes of document types "07011" and "07012" according to the qualifier" "for codes of the document types specified in the Section 7 of the qualifier";
paragraphs the fifteenth, eighteenth or twentieth to exclude;
the twenty fourth to state the paragraph in the following edition:
"if the declared goods made (received) of the foreign goods placed under customs procedure of free customs zone or free warehouse are located under customs procedure according to Item 2 of Article 209 of the Customs code of the Eurasian Economic Union or according to Item 2 of Article 217 of the Customs code of the Eurasian Economic Union and:";
in the paragraph the twenty fifth shall be replaced with words the words "with use of foreign goods, according to article 20 of the Agreement on free customs zones or article 17 of the Agreement on free warehouses" "from foreign goods, according to Article 206 or Article 214 of the Customs code of the Eurasian Economic Union";
in the paragraph the twenty sixth shall be replaced with words the words "with use of foreign goods, performed according to article 20 of the Agreement on free customs zones or article 17 of the Agreement on free warehouses" "from foreign goods, according to Article 206 or Article 214 of the Customs code of the Eurasian Economic Union";
add the subitem with the paragraph of the following content:
"in case of customs declaring imported (imported) on customs area of the Eurasian Economic Union of the vehicles exempted from utilization collection under code of document type "10021" according to the qualifier of documents number of the subitem of Item 1 of article 302 of the Tax Code of the Republic of Belarus is specified, and in case of provision of privileges on utilization collection according to subitem 1.9 of Item 1 of article 302 of the Tax Code of the Republic of Belarus number and date of the decision of the President of the Republic of Belarus are in addition specified;";
in subitem 2.5:
in word part three "the customs which made identification of advance payments, the report on which expenditure is required to the payer" shall be replaced with words "The Minsk central customs";
in part four to replace figure "3" with figure "2";
to exclude from part five of the word "also are certified by seal in case of its availability";
in subitem 2.6 of the word of Customs union shall be replaced with words Eurasian Economic Union;
in subitem 2.7:
the fourth to state the paragraph to part one in the following edition:
"participants of the transaction are the interconnected persons, and it affected transactions price. In case of determination of concept of the interconnected persons it is necessary to be guided by Article 37 of the Customs code of the Eurasian Economic Union;";
from part three of the word "of January 10, 2014" and "(National legal Internet portal of the Republic of Belarus, 22.01. 2/2127)" to exclude 2014,;
the fourth subitem 2.8 to state part in the following edition:
"Documents and data at the request of customs authority are represented by bank in writing and are certified by the signature of the authorized representative of bank.";
state Item 3 in the following edition:
"3. Approve:
The regulations on procedure for receipt by persons of information and the data containing in the information resources which are under authority of customs authorities (are applied);
The regulations on procedure for data presentation of customs statistics of foreign trade of the Republic of Belarus and statistics of mutual trade of the Republic of Belarus with state members of the Eurasian Economic Union to persons interested in receipt of such data (are applied);
The regulations on procedure for test (verification) of certificates of origin and declarations on goods origin (are applied);
The regulations on strategy and tactics of application of risk management system (are applied);
The regulations on procedure for use water and aircrafts of customs authorities for the purposes of customs control (are applied);
The regulations on procedure for sampling and samples of goods for conducting customs examination (are applied);
The regulations on procedure of customs escort (are applied).";
in appendix 1 to this resolution:
state Item 5 in the following edition:
"5. Minsk regional customs
Minsk, Minsk region";
exclude Item 6;
in Item 7 of the word "documents and data, accounting of the goods which are under customs control" shall be replaced with words "customs, other papers and (or) data, cameral customs inspection, and also using such measures providing carrying out customs control as request, the requirement and receipt of the documents and (or) data necessary for carrying out customs control, and accounting of the goods which are under customs control, made with them customs transactions";
in appendix 3 to this resolution:
in appendix signature stamp to replace figure "3" with figure "2";
from the interlinear note "*" words" (2009, No. 45, 8/20467)" to exclude the national register of legal acts of the Republic of Belarus;
in Regulations on procedure for receipt by persons of information and the data containing in the information resources which are under authority of customs authorities approved by this resolution:
state Item 1 in the following edition:
"1. This Provision determines procedure for obtaining from the information resources which are under authority of customs authorities:
persons specified as the customs applicant in declarations goods and (or) as the exporter (importer) in statistical declarations and periodic statistical declarations (further - the customs applicant), information and data on the foreign trade activity;
legal successors of the customs applicant of information and data on foreign trade activity of the customs applicant;
the interim (anti-recessionary) managers appointed by economic court for implementation of the powers in procedures of economic insolvency (bankruptcy), information and data on foreign trade activity of the customs applicant;
persons specified as the customs representative in declarations goods in statistical declarations and periodic statistical declarations (further - the customs representative), information on such declarations.";
exclude Item 2;
in Item 3:
the paragraph one of subitem 3.1 to state in the following edition:
"3.1. to persons specified in paragraphs the second or fourth Item of 1 this provision from declarations on goods on the following details:";
the paragraph one of subitem 3.2 to state in the following edition:
"3.2. to persons specified in paragraphs the second or fourth Item of 1 this provision from statistical declarations and periodic statistical declarations on the following details:";
add Item with subitem 3.3 of the following content:
"3.3. to customs representatives about declarations on goods, statistical declarations and periodic statistical declarations on the following details:
the period (any number of complete months for the last three years);
registration number of the declaration on goods, number of registration of the statistical declaration or the periodic statistical declaration;
declaration type ("DT" or "SD");
document number, person, testimonial of inclusion, in the register of customs representatives;
number of the competence certificate of the specialist in customs declaring (in the presence).";
in item 4:
in part one:
the paragraph one after the word "carrier" to add with the words "or by means of system of interdepartmental electronic document management of state bodies";
add part with the paragraph of the following content:
"the document numbers testimonial of inclusion of person in the register of customs representatives (for customs representatives).";
add Item with parts of the following content:
"The legal successor of the customs applicant attaches the copy of the title document confirming transition of the rights and obligations from the customs applicant to the legal successor certified by the head (deputy manager) to the request.
The interim (anti-recessionary) manager attaches the verified copy of determination of economic court according to which he is appointed the interim (anti-recessionary) manager of the customs applicant to the request.";
to exclude from Item 5 of the word "also it is certified by seal (in case of its availability)";
"in the information resource "Database of Customs Statistics of Foreign Trade" to exclude from part two of Item 6 of the word;
in Item 2 of the Regulations on procedure for data presentation of customs statistics of foreign trade of the Republic of Belarus and statistics of mutual trade of the Republic of Belarus with state members of the Eurasian Economic Union to persons interested in receipt of such data approved by this resolution:
in word part one "to form or in the form of the electronic document" shall be replaced with words "or electronic form";
the second to state part in the following edition:
"The letter request goes the courier (courier) or by mail. The request electronically goes through the single portal of electronic services.";
add Item with part of the following content:
"If the request is signed by the authorized person and it is represented:
in writing, the original, either notarially attested copy, or the copy certified by the head (deputy manager) of the organization (the individual entrepreneur, the physical person who is not the individual entrepreneur), the document confirming powers of such person is attached to it;
electronically, the document confirming powers of such person, electronically (in the .pdf or .tif format), to corresponding original or its notarially attested copy is attached to it.";
in the Regulations on strategy and tactics of application of risk management system approved by this resolution:
in paragraphs three and the fourth Item 2, Item 3, the paragraph the fourth subitem 6.1 of Item 6 of the word of "the customs legislation of the Customs union and the legislation of the Republic of Belarus" shall be replaced with words "the international treaties and acts constituting the right of the Eurasian Economic Union and the legislation regulating customs legal relationship";
to exclude from paragraphs of the fourth and fifth item 4 of the word "according to the procedure, established by the legislation";
in Regulations on procedure for use water and aircrafts of customs authorities for the purposes of customs control, approved by this resolution:
to exclude from Item 2 of the word "Republic of Belarus";
in Item 3:
to exclude from the paragraph of the third word "according to the legislation";
in paragraph nine:
"the customs legislation of the Customs union" shall be replaced with words words "the international treaties and acts constituting the right of the Eurasian Economic Union regulating customs legal relationship";
exclude the words "Republic of Belarus";
from Item 11 of appendix 1 to the Regulations on procedure for sampling and samples of goods for conducting customs examination approved by this resolution, words "according to GOST 2517-85 "Oil and oil products." To exclude sampling methods;
to exclude the words "Republic of Belarus" from part two of Item 6 of the Regulations on procedure of the customs escort approved by this resolution.
7. Ceased to be valid according to the Resolution of Council of Ministers of the Republic of Belarus of 06.05.2020 No. 271
8. Ceased to be valid according to the Resolution of Council of Ministers of the Republic of Belarus of 18.10.2021 No. 588
Appendix
to the Resolution of Council of Ministers of the Republic of Belarus of October 13, 2011 No. 1373
The list of the republican state bodies and other state organizations subordinated to the Government of the Republic of Belarus, authorized on approval of conversion conditions
|
Name of state body and organization |
Type of economic activity |
|
Republican state bodies | |
|
1. Ministry of Architecture |
construction, production of construction materials and nonmetallic mineral products |
|
2. Ministry of Health |
production of pharmaceutical products, medical equipment and products of medical appointment |
|
3. Ministry of information |
printing activities |
|
4. Industry ministry |
metallurgical production (except powder metallurgy), metal working, mechanical engineering |
|
5. Ministry of Communications and Informatization |
communication |
|
6. Ministry of Agriculture and Food |
production and conversion of agricultural products; conversion, conservation of fish and seafood |
|
7. Ministry of Transport and Communications |
transport |
|
8. Ministry of Finance |
conversion of the goods containing precious metals and (or) gemstones, relating to values of the State fund of precious metals and gemstones of the Republic of Belarus; production of jewelry from precious metals; processing of gemstones; processing of synthetic diamonds |
|
9. Department of Energy |
power (except nuclear power) |
|
The state organizations subordinated to the Government of the Republic of Belarus | |
|
10. The Belarusian state concern on oil and chemistry |
chemical and petrochemical production, oil refining and oil products |
|
11. Belarusian state concern of the food industry Belgospishcheprom |
oil and fat, confectionery, canning production, production of sugar, yeast, starches, food concentrates and other food production referred to the nomenclature of concern |
|
12. The Belarusian state concern on production and sales of goods of light industry |
textile, sewing, tanning, fur, shoe and other production of light industry |
|
13. Belarusian production and trade concern forest, woodworking and pulp and paper industry |
logging, woodworking, pulp and paper industry |
Approved by the Resolution of Council of Ministers of the Republic of Belarus of October 13, 2011 No. 1373
Regulations on goods placement under customs procedures of conversion on customs area, conversions for internal consumption, outward processing
Chapter 1 General provisions
1. Are determined by this Provision:
form, procedure for issue, withdrawal of the document on conditions of conversion of goods on customs area, the document on conditions of conversion of goods for internal consumption, the document on conditions of conversion of goods out of customs area (further, unless otherwise specified, - documents on conditions of conversion of goods) and introduction of changes in them and (or) amendments;
bodies, authorized to approve conversion conditions, and procedure for such approval;
replacement procedure of foreign goods equivalent goods or conversion products equivalent foreign goods;
rules of filling of the statement for conversion of goods (further - the statement), conditions of conversion and documents on conditions of conversion of goods.
2. In this Provision the main terms and their determinations in the values established by the Customs code of the Eurasian Economic Union (further - shopping Mall EEU), and also the following terms and their determinations are used:
goods for conversion - the foreign goods used (assumed to use) for making of transactions on conversion in customs procedures of conversion on customs area and conversions for internal consumption, and also the goods of the Eurasian Economic Union which are exported (assumed to export) from customs area of the Eurasian Economic Union for the purpose of making of transactions on conversion in customs procedure of outward processing;
conversion products - goods which main objective of obtaining are transactions on conversion of the goods placed under customs procedures of conversion on customs area, conversions for internal consumption, outward processing, except for remaining balance, waste and production losses;
remaining balance - part of the foreign goods which remained not used when making transactions on conversion of foreign goods for production of product of conversion according to regulations of exit of products of conversion (consumption rates of goods for conversion per piece of conversion);
waste - the goods which are inevitably formed when making transactions on conversion of foreign goods, except for remaining balance, products of conversion and production losses;
authorized body - the republican state bodies and other state organizations subordinated to the Government of the Republic of Belarus the national production and trade association of Belkhudozhpromysla of Administration of the President of the Republic of Belarus, National academy of Sciences of Belarus authorized according to Item 3 of the resolution which approved this Provision to approve conversion conditions.
Chapter 2 Procedure for receipt of documents on conditions of conversion of goods
3. For receipt of documents on conditions of conversion of goods of person, Articles specified in Item 1 168, Item 1 of Article 181, Item 1 of article 193 of shopping Mall EEU respectively (further - person interested in conversion of goods), represent in written or electronic form to customs (one of customs) in which region of activities (which) goods placement under customs procedures of conversion on customs area, conversions for internal consumption, outward processing and completion of these customs procedures is supposed:
the statement in form according to appendix 1;
conversion conditions on form according to appendix 2.
In case of submission of the statement and conditions of conversion in writing such documents are submitted in duplicate with appendix of their copies in electronic form (in the .rtf format).
4. The documents confirming the data specified in Item of 41 this provision and also other documents necessary for receipt of documents on conditions of conversion of goods are attached to the statement and conditions of conversion:
4.1. copies of the documents confirming making of the external economic transaction, or copy of other documents confirming right of possession, uses and (or) orders with goods not within the external economic transaction according to which implementation of transactions on conversion is planned;
4.2. copies of documents, stipulated by the legislation about export control, concerning military products, goods controlled for the benefit of homeland security which are supposed to be represented to the room under customs procedure of conversion on customs area and customs procedure of conversion for internal consumption, or concerning specific goods which are supposed to be represented to the room under customs procedure of outward processing:
the copy of the license granted by the State military-industrial committee;
the copy of the omission issued by the Ministry of Defence, the Ministry of Internal Affairs, Committee for State Security, the State boundary committee on the decision of the Interdepartmental commission on military technically cooperation and export control under the Security Council of the Republic of Belarus;
copies of the documents provided by international treaties of the Republic of Belarus;
4.3. copies of the documents constituted by person interested in conversion of goods and (or) the partner according to the transaction (for example, damage, defective or to that similar acts, expert, technical or to that the similar conclusions), the replacements of foreign goods with equivalent goods proving need according to article 172 of shopping Mall EEU or replacement of products of conversion with foreign goods according to article 183 of shopping Mall EEU (in case of need of replacement of goods);
4.4. the copies of the documents confirming respect for the criteria of replacement established in Item 1 of Article 172 and Item 1 of article 183 of shopping Mall EEU respectively (in case of need of replacement of goods), including constituted by persons specified in subitem 4.3 of this Item;
4.5. copies of documents on conditions of conversion of goods (in case of need entering into such documents of changes and (or) amendments);
4.6. the copy of the declaration on goods on goods placement under customs procedure of conversion on customs area or under customs procedure of outward processing (if earlier as the document on conditions of conversion of goods on customs area or the document on conditions of conversion of goods out of customs area the declaration on goods was used);
4.7. the copy of the declaration on goods (declarations on goods) about goods placement, assumed to the room under customs procedure of outward processing, under customs procedure of release for internal consumption if such release was performed with provision of privileges on payment of customs duties, the taxes integrated to restrictions on use and (or) the order with goods;
4.8. the feasibility statement on feasibility of conversion of goods out of customs area (for customs procedure of outward processing);
4.9. the copy of the agreement signed with territorial subdivision of the Belarusian national association on procurement, conversion and delivery of scrap and waste of ferrous and non-ferrous metals on delivery of scrap and waste of ferrous and non-ferrous metals (in case of their education as a result of transactions on conversion of goods in customs procedures of conversion for internal consumption or conversion on customs area and leaving in the Republic of Belarus);
4.10. extraction (statement) from scientific and technical (project, design, technological, scientific, patent or other) documentation containing data on compliance of the used engineering procedure of conversion of goods and (or) regulations of exit of products of conversion to technical regulatory legal acts, and in case of specifying in the conditions of conversion of data on consumption rates of goods for conversion per piece conversions also extraction (statement) from scientific and technical (project, design, technological, scientific, patent or other) documentation containing data on compliance of consumption rates of goods for conversion per piece of conversion to technical regulatory legal acts (are represented for medical equipment and products of medical appointment);
4.11. the confirmation of conformity of data on regulations of exit of products of conversion of synthetic diamonds to technical regulatory legal acts and (or) the actual process of conversion of these diamonds issued by authorized organization - open joint stock company "The Gomel production association "Kristall" - managing company of KRISTALL-HOLDING holding (it is represented for synthetic diamonds);
4.12. extraction (statement) from engineering procedure of conversion of goods with indication of regulations of exit of products of conversion, and in case of specifying in the conditions of conversion of data on consumption rates of goods for conversion per piece conversions also extraction (statement) from engineering procedure of conversion of goods with indication of consumption rates of goods for conversion per piece conversions, names and quantities of remaining balance, waste and production losses (are represented concerning the goods carried to competence of the Belarusian state concern of the food industry Belgospishcheprom).
In case of submission of the statement and conditions of conversion in writing copies of the documents specified in subitems 4 are also represented. 1, 4.8-4.12 presents of Item, in electronic form (in the .pdf format).
In case of submission of the statement and conditions of conversion electronically the documents specified in part one of this Item are represented electronically, to corresponding original of the submitted document or its notarially attested copy.
5. In need of modification and (or) amendments of documents on conditions of conversion of goods person interested in conversion of goods for confirmation of the declared data submits to customs the documents specified in item 4 of this provision which contain the changed and (or) added data and also which are subject to change and (or) amendment.
6. The documents specified in item 4 of this provision, presented in the form of copies shall be attested notarially or certified by the body which issued such documents or person interested in conversion of goods. In case of submission of copies of the called documents the customs in case of need checks compliance of copies of these documents to their originals then originals of such documents return to person which provided them.
Copies of documents are signed by person interested in conversion of goods or his authorized worker with disaggregation of the signature.
7. For the purpose of approval of conditions of conversion by authorized body the customs considering the application no later than two working days after representation by person interested in conversion of goods, the statement directs this application in electronic form, conditions of conversion and documents specified in subitems 4. 1, 4.5, 4.6, 4.8-4.12 of item 4 of this provision, in authorized body for consideration according to the procedure, determined in Chapter 3 this provision.
The direction of the documents specified in part one of this Item, for review in authorized body in the cases established in Item of 21 this provision is not required.
8. The customs considers the application, the conversion conditions enclosed to the application documents and issues documents (refuses issue of documents) on conditions of conversion of goods within seven working days from the date of their acceptance, and in case of need the directions of conditions of conversion for review in authorized body - within five working days after receipt of the conversion conditions approved by authorized body.
During the term of consideration of the application, the conditions of conversion enclosed to the application of documents customs checks observance of the requirements and conditions established in Chapters 24-26 of shopping Mall EEU depending on type of the required document on conversion conditions, makes the decision on approval of the goods declared the term of conversion and method (methods) of identification of goods for conversion in products of their conversion, and also makes the decision on approval of Item (Items) of customs clearance specified in the statement.
In case of disagreement of customs with specified in the statement for conversions of goods and (or) the method (methods) of identification of goods for conversion in products of their conversion specified (specified) in the conditions of conversion, the customs determines others the term and (or) method (methods) of identification of goods for conversion in products of their conversion, including taking into account the conversion conditions approved by authorized body, and informs on it the applicant in writing. At the same time the term of consideration of the application is prolonged for seven working days. In case of receipt of the written answer from the face interested in conversion of goods about its consent with offered by customs for conversions of goods and (or) method (methods) of identification of goods for conversion in products of their conversion the term of consideration of the application is prolonged for three working days from the date of receipt of such answer.
Person interested in conversion of goods, within two working days from the date of receipt of the offer of customs on determination of others, than specified in the statement and conditions of conversion, term and (or) method (methods) of identification of goods for conversion in products of their conversion in writing expresses the consent or disagreement with offered by customs authority the term and (or) by method (methods) of identification of goods for conversion in products of their conversion.
In case of nonagreement of Item (Items) of the customs clearance specified in the statement, the customs independently determines such Item (such Items) of customs clearance, having specified it in the relevant document on conditions of conversion of goods, without notice person interested in conversion of goods.
9. The customs refuses issue of documents on conditions of conversion of goods on customs area in cases:
9.1. non-compliance in case of filing of application and conditions of conversion by person interested in conversion of the goods, requirements and conditions established in Chapters 24-26 of shopping Mall EEU depending on type of the required document on conditions of conversion of goods;
9.2. disagreements of person interested in conversion with offered by customs for conversions and (or) method (methods) of identification of goods for conversion in products of their conversion or not informing customs on consent (disagreement) with the offer of customs before the expiration of the terms of consideration of the application established in Item 8 of this provision;
9.3. non-presentations of the documents and data specified in Items 3 and 4 of this provision, or discrepancy of the data specified in the statement and conditions of conversion, to the data specified in the submitted documents;
9.4. refusal of authorized body in approval of conditions of conversion.
10. The refusal of customs in issue of documents on conditions of conversion of goods shall be reasonable and motivated. The decision on refusal shall contain the detailed information about the reason (reasons) which formed the basis for such refusal in issue of documents on conditions of conversion of goods and goes to the person interested in conversion of goods no later than the working day following behind day of adoption by customs of the decision on such refusal.
In case of submission of the statement and conditions of conversion in writing the decision on refusal in issue of documents on conditions of conversion of goods is drawn up on the form of the letter of customs, signed by the chief of customs or the deputy authorized by it. At the same time to person interested in conversion of goods all enclosed documents, except for the statement and conditions of conversion go.
In case of submission of the statement and conditions of conversion electronically the decision on refusal in issue of the document on conditions of conversion goes to the person interested in conversion of goods, electronically.
11. In the absence of the bases for refusal specified in Item 9 of this provision, the document on conditions of conversion goes to the person interested in conversion of goods no later than the working day following behind day of adoption of such document.
In case of submission of the statement and conditions of conversion in writing the document on conditions of conversion of goods is processed on the form of the letter of customs in form according to appendix 3.
The statement and conditions of conversion, and also the decision of authorized body on approval of conditions of conversion are integral part of documents on conditions of conversion of goods.
Copies of the issued documents on conditions of conversion of goods are subject to storage in cases of customs jointly with all documents which formed the basis for their issue (with storage duration - five years after the termination of term of conversion of goods).
The documents specified in part four of this Item go also to the customs (customs) specified in documents on conditions of conversion in which goods placement under the corresponding customs procedure will be performed.
In case of submission of the statement and conditions of conversion electronically the document on conditions of conversion goes to the person interested in conversion of goods, electronically.
12. Person interested in conversion of goods shall address to customs for entering of corresponding changes and (or) amendments into documents on conditions of conversion of goods in case of change or need of amendment of one of the following data specified in earlier issued document:
12.1. about person (persons) who (which) will be transactions on conversion (will) directly make (except for changes of data in case of reorganization of person in the form of transformation, allocation from its list of one or several legal entities, joining to it of other legal entity) and the place (places) of finding of production capacities with which use transactions on conversion are made;
12.2. about the name, classification of goods for conversion and products of their conversion according to the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union (further - the CN FEA EEU) (at the level there are at least first four signs of classification code), their quantity;
12.3. about the name, classification of the goods of the Eurasian Economic Union assumed to use for product receipt of conversion in the territory of the Republic of Belarus according to the CN FEA EEU (at the level there are at least first four signs of classification code), their quantity (for customs procedure of conversion on customs area and customs procedure of conversion for internal consumption);
12.4. about regulations of exit of products of conversion in case of their reduction in comparison with specified in earlier issued documents on conditions of conversion of goods, and also on consumption rates of goods for conversion per piece of conversion - in case of their increase in comparison with specified in documents on conditions of conversion of goods;
12.5. about the name, classification of remaining balance and waste according to the CN FEA EEU (at the level there are at least first four signs of classification code), their quantity;
12.6. about increase in goods quantity for conversion, transactions used for making on conversion, and the corresponding increase in quantity of products of conversion, remaining balance, waste, irretrievable losses in case of invariable regulations of exit of products of conversion, and in case of specifying in the conditions of conversion of data on consumption rates of goods for conversion per piece conversions also in case of invariable consumption rates of goods for conversion per piece conversions;
12.7. about change of term of conversion of goods.
13. Person interested in conversion of the goods having the right to address to customs for modification and (or) amendments of documents on conditions of conversion of goods in other cases which are not provided in Item 12 of this provision.
14. For the purpose of modification and (or) amendments of documents on conditions of conversion of goods person interested in conversion of goods shall address to customs in the following terms:
14.1. in case of change and (or) amendment of the data specified in subitem 12.1 of Item 12 of this provision - prior to making of transaction on conversion by the other person (other persons) and before movement of the goods placed under customs procedures of conversion on customs area, conversions for internal consumption, outward processing to other place (other places) where there are production capacities with which use transactions on conversion are made;
14.2. in case of change and (or) amendment of the data specified in subitems 12.2-12.7 of Item 12 of this provision, and also change and (or) amendment of data according to Item 13 of this provision - before expiration of customs procedures of conversion on customs area, conversions for internal consumption, outward processing.
Completion of action of the customs procedures specified in part one of this Item is allowed in case of representation by person interested in conversion of goods, documents on conditions of conversion of goods with the made changes and (or) additions.
15. For modification and (or) amendments person interested in conversion of goods submits to the relevant customs the documents determined in Items 3 and 4 of this provision, conforming to the requirement established in Item 5 of this provision.
Modification and (or) amendments (refusal in modification and (or) amendments) in documents on conditions of conversion of goods is performed according to the procedure and the terms provided in Items 7-11 of this provision.
16. The document on conditions of conversion of goods on customs area and the document on conditions of conversion of goods out of customs area respond customs if the goods (goods) for conversion specified in such document are included in the inventory to which customs procedure of conversion on customs area is not applied, or in the inventory, prohibited to the room under customs procedure of outward processing, No. 375 approved by the Decision of the Commission of the Customs union of September 20, 2010.
The document on conditions of conversion of goods for internal consumption responds customs if the goods (goods) for conversion are included in the inventory to which customs procedure of conversion on customs area is not applied, and also is recognized the goods (goods) prohibited to import (for import) on customs area of the Eurasian Economic Union according to the international treaties and acts constituting the right of the Eurasian Economic Union regulating customs legal relationship.
The decision on withdrawal of documents on conditions of conversion of goods is drawn up on the form of the letter of customs, signed by the chief of customs or the deputy authorized by it and shall contain the detailed information about the reason of recall of these documents and date of their response.
17. In case of withdrawal of documents on conditions of conversion of goods goods placement respectively under customs procedures of conversion on customs area, conversion for internal consumption, outward processing is not allowed, and concerning the goods placed under customs procedures of conversion on customs area, conversions for internal consumption, outward processing to withdrawal of documents on conditions of conversion of goods it is allowed to complete the specified customs procedures according to Chapters 24-26 of shopping Mall EEU.
Chapter 3 Procedure for approval of conversion conditions by authorized body
18. The decision on approval of conditions of conversion or on refusal in approval of conditions of conversion is accepted by authorized body no later than seven working days from the date of receipt of the documents transferred by customs.
19. The authorized body approves the data on regulations of exit of products of conversion specified in the conditions of conversion (consumption rates of goods for conversion per piece of conversion), remaining balance, waste and losses of production regarding their compliance to technical regulatory legal acts and (or) the actual process of conversion, and also data on methods of identification of goods. In case of disagreement with specified in the conditions of conversion by methods of identification of goods authorized body makes recommendations about identification methods, possible for use. At the same time are not subject to approval of the data on cost and classification of foreign goods and products of their conversion according to the CN FEA EEU (at the level at least first four signs of classification code), about the cost and classification of goods of the Eurasian Economic Union and products of their conversion according to the CN FEA EEU (at the level there are at least first four signs of classification code), and also about the cost of remaining balance and waste.
The decision on approval of conditions of conversion is the document reflecting compliance of the data on regulations of exit of products of conversion specified in the conditions of conversion (consumption rates of goods for conversion per piece of conversion), remaining balance, waste, losses of production to technical regulatory legal acts and (or) the actual process of conversion.
20. In case of need the authorized body has the right to request in addition at person interested in conversion of goods, representation:
extraction (statements) from scientific and technical (project, design, technological, scientific, patent or other) documentation containing data on compliance of regulations of exit of products of conversion to technical regulatory legal acts, and in case of specifying in the conditions of conversion of data on consumption rates of goods for conversion per piece conversions also extraction (statements) from scientific and technical (project, design, technological, scientific, patent or other) documentation containing data on compliance of consumption rates of goods for conversion per piece of conversion to technical regulatory legal acts, and (or) from other documents confirming reliability of the data specified in the statement and other documents which approval is assigned to authorized body;
conversion conditions with indication of in them data on consumption rates of goods for conversion per piece conversions in case of lack of such data in the conditions of conversion.
The authorized body informs the customs considering the application on reclamation at person interested in conversion of goods, additional documents by the direction in electronic form of the copy of such request in customs.
Person interested in conversion of goods within ten working days from the date of receipt of request of authorized body shall:
submit the required documents specified in part one of this Item, in authorized body or inform authorized body on impossibility of their representation;
send the copy of the document specified in paragraph three of part one of this Item to the customs considering the application in case of reclamation of such document by authorized body.
In case of reclamation of additional documents by authorized body the term of approval of conditions of conversion and the notification of customs authority on the made decision is estimated from the date of receipt of necessary documents.
21. Approval of conditions of conversion in the following cases is not required:
21.1. in case of conversion of specific goods which movement through customs border of the Eurasian Economic Union is regulated by the legislation on export control;
21.2. when replacing foreign goods with equivalent goods according to article 172 of shopping Mall EEU;
21.3. when replacing products of conversion with foreign goods according to article 183 of shopping Mall EEU;
21.4. in case of modification and (or) amendments in earlier issued documents on conditions of conversion of goods when data are subject to change and (or) amendment:
about the cost and classification of goods for conversion and products of their conversion according to the CN FEA EEU (at the level there are at least first four signs of classification code), and also their quantity in case of invariable regulations of exit of products of conversion or consumption rates of goods for conversion per piece conversions;
about the number, cost and classification of goods of the Eurasian Economic Union according to the CN FEA EEU (at the level there are at least first four signs of classification code) (for customs procedures of conversion on customs area and conversions for internal consumption);
about the cost and classification according to the CN FEA EEU of remaining balance and waste;
about the name of goods for conversion, products of their conversion, goods of the Eurasian Economic Union (for customs procedures of conversion on customs area and conversions for internal consumption), remaining balance and waste (if their classification according to the CN FEA EEU does not change at the level at least first four signs of classification code);
about the place (places) of finding of production capacities with which use transactions on conversion are made;
about change of term of conversion of goods;
about person who will directly perform transactions on conversion;
21.5. in cases of conversion of the goods carried to the types of economic activity specified in Items 1, 3-6, 9, 11-13 appendices to the resolution which approved this Provision, conversions of goods by the legal entities who are part of the national production and trade association of Belkhudozhpromysla of Administration of the President of the Republic of Belarus, the legal entities who are under supervision of National academy of Sciences of Belarus, except for the case specified in part two of this subitem.
In the cases specified in part one of this subitem approval of conditions of conversion is required if the document on conditions of conversion of goods issued to person interested in conversion of goods responded customs and from the date of such response about day of the address with the statement twelve-monthly term did not expire;
21.6. in other cases determined by the Government of the Republic of Belarus if other is not determined by the President of the Republic of Belarus.
22. For the purpose of decision making about approval of conditions of conversion authorized body:
checks availability of the documents and data necessary for decision making about possibility of approval of conditions of conversion;
analyzes the provided data regarding their compliance to technical regulatory legal acts;
checks data on remaining balance and waste, and also proceeding from the actual conditions under which conversion of goods is performed, checks data on regulations of exit of products of conversion, and in case of availability in the conditions of conversion of data on consumption rates of goods for conversion per piece of conversion also of data on consumption rates of goods for conversion per piece of conversion;
checks other data specified in the conditions of conversion which approval is assigned to authorized body according to Item 19 of this provision.
23. In case of disagreement of authorized body with the regulations of exit of products of conversion specified in the conditions of conversion per piece of conversion (consumption rates of goods for conversion per piece of conversion) the authorized body determines other regulations of exit of products of conversion (consumption rate of goods for conversion per piece of conversion) (including if the authorized body establishes standard regulations of exit of products of conversion and consumption rate of goods for conversion per piece of conversion) and in writing informs on it person interested in conversion of goods and also directs in electronic form the copy of such letter to the customs considering the application. At the same time the term of approval of conditions of conversion and the notification of customs on the made decision is prolonged for seven working days.
Person interested in conversion of goods, within three working days from the date of receipt of the offer of authorized body on determination of others, than specified in the conditions of conversion, regulations of exit of products of conversion (consumption rates of goods for conversion per piece of conversion) shall express in writing the consent or disagreement with the regulations offered by authorized body.
24. The authorized body can make the decision on refusal in approval of conditions of conversion on one of the following bases:
non-presentation by person interested in conversion of goods, the documents requested according to part one of Item 20 of this provision or informing on impossibility of their representation before the expiration established in part three of Item 20 of this provision;
disagreement of person interested in conversion of goods with the regulations of exit of products of conversion offered by authorized body (consumption rates of goods for conversion per piece conversions) or not informing authorized body on consent (disagreement) with the offer of authorized body before the expiration of the approval of conditions of conversion established in Item part two 23 this provision;
discrepancy of the data specified in the conditions of conversion, to the data specified in the submitted documents.
25. The decision of authorized body on approval (refusal in approval) conditions of conversion has the form of the letter of authorized body which shall contain data on approval of conditions of conversion or on refusal in approval of conditions of conversion with indication of in it the reasons which formed the basis for such refusal.
In case of approval by authorized body of data on impossibility of further commercial use of the waste specified by person interested in conversion in the conditions of conversion of goods, data on impossibility of further commercial use of waste are specified by authorized body in the decision on approval of conditions of conversion by separate record.
In case of informing by authorized body person interested in conversion of goods on determination of other regulations of exit of products of conversion (consumption rates of goods for conversion per piece of conversion) and obtaining at the scheduled time of the consent of person interested in conversion of goods with such regulations the authorized body specifies data on such regulations in the decision on approval of conditions of conversion in the form established for filling of similar Items of conditions of conversion.
The notification of customs on the decision made by authorized body is made by the direction in electronic form of the letter of authorized body to customs in the terms established in Item 18 of this provision.
26. Exchange between customs and authorized bodies of documents in electronic form is performed through system of interdepartmental electronic document management of state bodies of the Republic of Belarus.
27. The authorized body has the right to perform checks of observance by person interested in conversion of goods, conditions of their conversion regarding compliance to the data specified in the conditions of conversion of goods and documents based on which conversion conditions were approved. In case of identification of violations of observance by person interested in conversion of goods, conditions of their conversion authorized body sends such information to customs in which region of activities there is person interested in conversion of goods.
28. The payment for approval of conditions of conversion by authorized body is not levied.
29. The customs sends to the authorized body of condition of conversion and documents specified in subitems 4. 1, 4.5, 4.8-4.12 of item 4 of this provision by results of which consideration documents on conditions of conversion of goods, in the cases specified in part one of subitem 21.5 of Item of 21 this provision are issued.
The direction is performed by customs of the documents specified in part one of this Item quarterly to the tenth following quarter during which documents on conditions of conversion of goods are issued.
30. Exchange between customs and authorized bodies of documents in electronic form is performed according to the procedure, provided in Item 26 of this provision.
31. In case of detection of discrepancy of the regulations of exit of products of conversion specified in the conditions of conversion (consumption rates of goods for conversion per piece of conversion), remaining balance, waste, production losses to technical regulatory legal acts and (or) the actual process of conversion the authorized body informs on it customs authority within ten working days from the date of detection of such discrepancy.
32. In case of need the authorized body has the right to request in addition at person interested in conversion of goods, representation:
extraction (statements) from scientific and technical (project, design, technological, scientific, patent or other) documentation containing data on compliance of regulations of exit of products of conversion to technical regulatory legal acts, and in case of specifying in the conditions of conversion of data on consumption rates of goods for conversion per piece conversions also extraction (statements) from scientific and technical (project, design, technological, scientific, patent or other) documentation containing data on compliance of consumption rates of goods for conversion per piece of conversion to technical regulatory legal acts and (or) from other documents confirming reliability of data;
conversion conditions with indication of in them data on consumption rates of goods for conversion per piece conversions in case of lack of such data in the conditions of conversion.
Person interested in conversion of goods within three working days from the date of receipt of request of authorized body shall submit the required documents specified in part one of this Item, in authorized body or inform authorized body on impossibility of their representation.
33. Within two working days after receipt of information of authorized body on the discrepancies specified in Item of 31 this provision, the customs authority withdraws the document on conditions of conversion of goods according to the procedure, provided in Items 16 and 17 of this provision.
Chapter 4 Replacement procedure of foreign goods equivalent goods and conversion products foreign goods
34. Replacement of foreign goods with equivalent goods is made according to article 172 of shopping Mall EEU, and conversion products equivalent foreign goods - according to article 183 of shopping Mall EEU.
35. Permission of customs authority to replacement of foreign goods with equivalent goods and conversion products equivalent foreign goods is the document on conditions of conversion of goods on customs area or the document on conditions of conversion of goods out of customs area issued according to this Provision with indication of in it about possibility of implementation of such replacement.
36. Permission to replacement of foreign goods with equivalent goods and information on export of the products of conversion received from equivalent goods before import of foreign goods to customs area of the Eurasian Economic Union are specified in the document on conditions of conversion of goods on customs area. At the same time approximate term for import of foreign goods is determined by person receiving the document on conditions of conversion of goods on customs area. Export of the products of conversion received from equivalent goods is allowed only after receipt of the document on conditions of conversion of goods on customs area.
37. Permission to replacement of products of conversion with equivalent foreign goods and admissibility of import of these foreign goods before export from customs area of the Eurasian Economic Union of goods of the Eurasian Economic Union are specified in the document on conditions of conversion of goods out of customs area. At the same time import of equivalent foreign goods can be performed both to, and after receipt of the document on conditions of conversion of goods out of customs area.
Chapter 5 of the Rule of filling of the statement, conditions of conversion and documents on conditions of conversion of goods
38. In the statement and conditions of conversion Items which contain the data necessary for specifying in the statement and conditions of conversion according to Item of 41 this provision, depending on type of the required document on conditions of conversion of goods are subject to filling.
If Items of the statement and (or) conditions of conversion are not subject to filling for required document type about conditions of conversion of goods, then in such Items the record "It Is Not Filled" is made. At the same time the tables containing in Items of conditions of conversion can not be specified. Change of numbering of Items of the statement and conditions of conversion is not allowed.
39. Data are entered in the statement, conditions of conversion and documents on conditions of conversion of goods proceeding from the name of the paragraph of the document, names of columns of the tables which are subject to filling and also interlinear comments. At the same time filling of separate Items of documents is performed according to the procedure, determined in Items 40-56 of this provision.
40. The statement addressed in customs (one of customs) in which region of activities (which) goods placement under customs procedures of conversion on customs area is supposed of conversion for internal consumption, outward processing and completion of these customs procedures, is drawn up on the form of person interested in conversion of goods used for correspondence and is printed out on the computer printer (in this case the information about person interested in conversion of goods, provided in part three of this Item is not specified).
In case of need modification and (or) amendments of earlier issued documents on conditions of conversion of goods the statement is addressed in the customs which earlier issued such documents.
In case of absence at person interested in conversion of goods, the forms specified in parts one of this Item, the main information about such person (the name of the organization or surname and initials of the individual entrepreneur, the location of the organization or the residence of the individual entrepreneur, accounting number of the payer (further - UNP), one or several contact phone numbers and (or) the fax) are specified when filling the statement.
41. For receipt of documents on conditions of conversion of goods by person interested in conversion of goods in the statement and conditions of conversion data are specified:
41.1. about person interested in conversion of goods;
41.2. about person (persons) who (which) will be transactions on conversion (will) directly make, and the place (places) of finding of production capacities with which use these transactions are made (when placing under customs procedure of outward processing enough to specify the country of implementation of transactions of conversion);
41.3. about the name, classification of goods for conversion and products of their conversion according to the CN FEA EEU (at the level there are at least first four signs of classification code), their quantity, and also cost (when placing goods under customs procedure of conversion for internal consumption);
41.4. about the documents confirming making of the external economic transaction or other documents confirming right of possession, uses and (or) orders with goods not within the external economic transaction;
41.5. about regulations of exit of products of conversion, and also at the discretion of person interested in conversion, consumption rates of goods for conversion per piece conversions (except for the case specified in subitem 41.6 of this Item). Also the name and the number of production losses in case of their education in case of production of products of conversion are specified;
41.6. about regulations of exit of products of conversion and consumption rates of goods for conversion per piece conversions (concerning the goods carried to competence of the Belarusian state concern on production and sales of goods of light industry). Also the name and the number of production losses in case of their education in case of production of products of conversion are specified;
41.7. about transactions on conversion of goods, methods of their making;
41.8. about methods of identification of goods;
41.9. about the name, classification of remaining balance and waste according to the CN FEA EEU (at the level there are at least first four signs of classification code), their quantity;
41.10. about the name, classification of goods of the Eurasian Economic Union according to the CN FEA EEU (at the level there are at least first four signs of classification code), their quantity;
41.11. about the term of conversion of goods and term of production process of conversion of goods;
41.12. about replacement of foreign goods with equivalent goods and export of the products of conversion received as a result of conversion of equivalent goods before import of foreign goods (it is specified when placing under customs procedure of conversion on customs area);
41.13. about replacement of products of conversion with equivalent foreign goods and import of foreign goods before commodity exportation of the Eurasian Economic Union (it is specified when placing under customs procedure of outward processing);
41.14. about possibility of further commercial use of waste (it is specified when placing under customs procedures of conversion on customs area or conversions for internal consumption);
41.15. about customs authority (customs authorities) in which, (which) goods placement under the corresponding customs procedure and completion of this customs procedure is supposed.
42. In need of modification and (or) amendments of earlier issued documents on conditions of conversion of goods in the statement and conditions of conversion only Items which change and supplemented with new data are filled. At the same time in Items of the statement and conditions of conversion which do not change and (or) are not supplemented, the record "Without Changes" is made.
In case of use of the declaration on goods as the document on conversion conditions in which modification and (or) amendments is supposed Items of the statement and conditions of conversion are filled according to Item of 41 this provision without the features provided in part one of this Item.
43. In item 4 of the statement data on need of replacement of foreign goods with equivalent goods for customs procedure of conversion on customs area or replacements of products of conversion with equivalent foreign goods in customs procedure of outward processing by specifying of sequence numbers of the goods for conversion specified in Item of 2 conditions of conversion, or sequence numbers of the products of conversion specified in Item of 3 conditions of conversion are specified.
44. In Item 5 of the statement data on export of products of conversion before import of foreign goods or import of foreign goods before commodity exportation of the Eurasian Economic Union by putting down of the sign "X" or "V" in the corresponding square are specified.
45. In Item of 2 conditions of conversion in tabular style data on goods for conversion which are supposed to be placed under customs procedure of conversion on customs area, customs procedure of conversion for internal consumption or customs procedure of outward processing are line-by-line specified. At the same time are specified:
in column 1 - sequence numbers of the goods specified in the table;
in column 2 - the name of goods sufficient for their classification according to the CN FEA EEU;
in column 5 - goods quantity in the additional units of measure established for these goods of the CN FEA EEU or in the units of measure provided for these goods by the external economic agreement (if the additional unit of measure for these goods of the CN FEA EEU is not established), and the short name of such unit of measure.
46. In Item of 3 conditions of conversion in tabular style data on conversion products are line-by-line specified. At the same time are specified:
in column 1 - sequence numbers of the goods specified in the table;
in column 2 - the name of goods sufficient for their classification according to the CN FEA EEU;
in column 5 - goods quantity in the additional units of measure established for these goods of the CN FEA EEU or in the units of measure provided for these goods by the external economic agreement (if the additional unit of measure for these goods of the CN FEA EEU is not established), and the short name of such unit of measure.
47. In Item of 5 conditions of conversion in tabular style data on remaining balance are line-by-line specified. At the same time are specified:
in column 1 - sequence numbers of the goods specified in the table;
in column 2 - the name of goods sufficient for their classification according to the CN FEA EEU;
in column 5 - goods quantity in the additional units of measure established for these goods of the CN FEA EEU or in the units of measure provided for these goods by the external economic agreement (if the additional unit of measure for these goods of the CN FEA EEU is not established), and the short name of such unit of measure;
in column 7 - sequence numbers of the goods specified in Item of 2 conditions of conversion of which the remaining balance called in this Item of conditions of conversion are formed;
in column 8 - quantity of foreign goods of which remaining balance, percentage of goods quantity for conversion and in one of the units of measure specified in Item of 2 conditions of conversion and the short name of such unit of measure are formed.
48. In Item of 6 conditions of conversion in tabular style data on waste are line-by-line specified. At the same time are specified:
in column 1 - sequence numbers of the goods specified in the table;
in column 2 - the name of goods sufficient for their classification according to the CN FEA EEU;
in column 4 - goods quantity in the additional units of measure established for these goods of the CN FEA EEU or in the units of measure provided for these goods by the external economic agreement (if the additional unit of measure for these goods of the CN FEA EEU is not established), and the short name of such unit of measure;
in column 6 - opportunity or impossibility of further commercial use of goods of the corresponding name by specifying of words "perhaps" or "is impossible";
in column 7 - sequence numbers of the goods specified in Item of 2 conditions of conversion of which the waste called in this Item of conditions of conversion are formed;
in column 8 - quantity of foreign goods of which waste which will be present at the goods specified in this Item of conditions of conversion percentage of quantity of the imported goods for conversion of which waste, and in one of the units of measure specified in Item of 2 conditions of conversion and also the short name of such unit of measure was formed are formed.
49. In Item of 7 conditions of conversion in tabular style data on regulations of exit of products of conversion are specified, and also at the discretion of person interested in conversion about consumption rates of goods for conversion per piece conversions proceeding from the actual conditions in case of which implementation of transactions on conversion is supposed (if the specified regulations depend on chemical composition of goods for conversion or on the components which are part of such goods, their calculation can be made proceeding from average values of structure of goods with reflection of the upper and (or) lower bound of error of measurement in value relative (as a percentage)). At the same time are specified:
in column 1 of table 1 - line-by-line sequence numbers of the goods specified in Item of 2 conditions of conversion which are supposed to be used for receipt of the corresponding product of conversion called in Item of 3 conditions of conversion;
in column 2 of table 1 - the quantity of products of conversion in kilograms which is supposed to be received from one kilogram of the corresponding goods called in column 1 of table 1 is line-by-line;
in column 3 of table 1 - the quantity of products of conversion which is supposed to be received from unit of quantity of the corresponding goods called in column 1 of the table 1, as a percentage is line-by-line;
in column 1 of table 2 - line-by-line sequence numbers of the goods specified in Item of 2 conditions of conversion which are supposed to be used for receipt of unit of product of conversion of the corresponding name;
in column 2 of table 2 - goods quantity, 2 conditions of conversion specified in Item which are supposed to be spent for receipt of unit of product of conversion of the corresponding name, and the short name of one of the units of measure specified in Item of 2 conditions of conversion is line-by-line.
50. In Item of 8 conditions of conversion names of goods which belong to the losses of production received in the course of conversion (including goods which are destroyed are specified or disappear by evaporation, drying, exit in the form of gases, industrial sewage and to that similar), their approximate quantity according to each name in the units of measure allowing to perform most precisely accounting of these goods (if necessary with reflection of the upper and (or) lower bound of error of measurement), and the short name of such unit of measure.
51. The data specified in the statement and conditions of conversion are certified by the signature of the head (deputy manager) or the individual entrepreneur.
52. Filling with officials of customs of Items of documents on conditions of conversion of goods is made according to the procedure, established for filling of similar Items of the statement and conditions of conversion.
53. If the data which are subject to specifying in documents on conditions of conversion of goods are similar to data, the specified person interested in their conversion in the statement and (or) conditions of conversion, then in the paragraphs of the document about conditions of conversion it is allowed to make record "See Item... statements" and (or) "See Item... conversion conditions" with indication of in such record of number of the corresponding Item of the statement and (or) conditions of conversion. At the same time the tables containing in such Items of documents on conditions of conversion of goods can not be specified.
54. Data on number of the statement in cases of person interested in conversion of goods, and its entering number in cases of customs and also on date of creation of the statement and date of its registration in cases of customs are subject to specifying in Item 1 of the list of the enclosed documents to the document on conditions of conversion of goods.
55. Data on the decision of authorized body on approval of conditions of conversion are subject to specifying in Item 2 of the list of the enclosed documents to the document on conditions of conversion of goods.
56. After modification and (or) amendments of earlier issued document on conditions of conversion of goods in writing the official of customs on the original of the changed and (or) added document on conditions of conversion of goods and its copy which is stored in cases of customs makes record "Changes (amendments) are made: the document from _________________ No. ________". At the same time date of issue and registration number of again issued document on conditions of conversion of goods are specified.
Appendix 1
to Regulations on goods placement under customs procedures of conversion on customs area, conversions for internal consumption, outward processing
Form
_____________________________________
(name of customs)
__________________ №______________
_____________________________________
(name of the organization (surname and
_____________________________________
initials of the individual entrepreneur),
_____________________________________
location (residence), UNP (in the presence), phone, fax)
The statement for conversion of goods
1. I ask to issue (to make changes and (or) additions in earlier issued) the document on conditions of conversion of goods:
on customs area;
for internal consumption;
out of customs area.
(unnecessary to cross out)
2. Person (persons) who (which) will be will be directly performed by transactions on conversion:
_____________________________________________________________________________
(name of the organization (surname, own name,
_____________________________________________________________________________
middle name (if that is available) the individual entrepreneur),
_____________________________________________________________________________
place (places) of finding of production capacities)
3. The documents confirming making of the external economic transaction, or other documents confirming right of possession, uses and (or) orders with goods not within the external economic transaction:
_____________________________________________________________________________
(name of the document, its number and date)
4. Replacement of foreign goods or products of conversion:
goods ¹_______________________________________________________________
(number of line item in the conditions of conversion, goods quantity)
equivalent goods or foreign goods: _____________________________________________________________________________
(short description of goods)
based on documents: _________________________________________________
(name of the author of the document,
_____________________________________________________________________________
name of the document, its number and date of creation)
5. Export of products of conversion before import of foreign goods or import of foreign goods before commodity exportation of the Eurasian Economic Union:
well
6. The term of conversion of goods on _____________________________________________
(end date of term)
7. Expected space of goods placement for customs procedures:
_____________________________________________________________________________
(code and name of Item (Items) of customs clearance)
8. The reasons which formed the basis for modification and (or) amendments in earlier issued document on conversion conditions on customs area, the document on conversion conditions for internal consumption, the document on conditions of outward processing:
____________________________________________________________________________________
(number and date of earlier issued document on conversion conditions on
customs area, the document on conversion conditions for
internal consumption, document on conditions of outward processing)
____________________________________________________________________________________
(description of the reasons)
Appendix: on ___ l., including:
1. _______________________________________________________ on _____ l.
(name of the document, number, date of issue or signings)
2....
3....
____________________________
(date of creation of the statement)
______________________________________________________________________________________ ______________________________________
(signature of the head (deputy manager) or individual entrepreneur) (employee's position, surname and initials)
Appendix 2
to Regulations on goods placement under customs procedures of conversion on customs area, conversions for internal consumption, outward processing
Form
Conversion conditions
1. These conditions of conversion are provided together with the statement of person interested in conversion of goods: ____________________________________________________________
(reference number and date of the statement of person,
_____________________________________________________________________________
interested in conversion)
2. Goods for conversion:
|
№ |
Description of goods |
Code |
Quantity, kg |
Quantity in additional units of measure |
Cost in currency under the contract, the name of currency |
|
1 |
2 |
3 |
4 |
5 |
6 |
|
2.1 |
|
|
|
|
|
|
2.2 |
|
|
|
|
|
|
... |
|
|
|
|
|
3. Conversion products:
|
№ |
Description of goods |
Code |
Quantity, kg |
Quantity in additional units of measure |
Cost in currency under the contract, the name of currency |
|
1 |
2 |
3 |
4 |
5 |
6 |
|
3.1 |
|
|
|
|
|
|
3.2 |
|
|
|
|
|
|
... |
|
|
|
|
|
4. The goods of the Eurasian Economic Union assumed to use for conversion product receipt (for customs procedure of conversion on customs area and customs procedure of conversion for internal consumption):
|
№ |
Description of goods |
Code of the CN FEA EEU |
Quantity, kg |
Cost, Belarusian rubles |
|
1 |
2 |
3 |
4 |
5 |
|
4.1 |
|
|
|
|
|
4.2 |
|
|
|
|
|
... |
|
|
|
|
5. Data on remaining balance:
|
№ |
Description of goods |
Code of the CN FEA EEU |
Quantity, kg |
Quantity in additional units of measure |
Cost, Belarusian rubles (or in currency under the contract) |
Foreign goods of which remaining balance are formed | |
|
name |
quantity, unit of measure | ||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
5.1 |
|
|
|
|
|
goods No. 2.1 |
|
|
5.2 |
|
|
|
|
|
goods No. 2.2 |
|
|
... |
|
|
|
|
|
goods No. |
|
______________________________
(1) concerning goods for conversion in the form of precious metals and (or) gemstones specifying of the range of regulations of exit of products of conversion, consumption rates of goods for conversion per piece of conversion and (or) production losses is admissible.
(2) It is filled at the discretion of person interested in conversion of goods.
6. Data on waste:
|
№ |
Description of goods |
Quantity, kg |
Quantity in additional units of measure |
Cost in currency under the contract, the name of currency |
Possibility of commercial use |
Foreign goods of which waste are formed | |
|
name |
quantity, unit of measure | ||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
6.1 |
|
|
|
|
|
goods No. 2.1 |
|
|
6.2 |
|
|
|
|
|
goods No. 2.2 |
|
|
… |
|
|
|
|
|
goods No. |
|
7. Regulations of exit of products of conversion:
Table 1
|
Goods for conversion from 1 unit of measure |
Conversion products | |
|
quantity, unit izmereniya1 |
quantity, protsentov1 | |
|
1 |
2 |
3 |
|
|
Conversion No. 3.1 product | |
|
Goods No. 2.1 – from 1 (unit of measure) |
|
|
|
Goods No. – from 1 (unit of measure) |
|
|
|
|
Product of conversion No. | |
|
Goods No. – from 1 (unit of measure) |
|
|
Table 2
Consumption rates of goods for conversion per piece conversions (2):
|
Goods for conversion |
Quantity, unit izmereniya1 |
|
1 |
2 |
|
Product of conversion No. 3.1 on 1 (unit of measure): | |
|
Goods No. 2.1 |
|
|
Goods No. |
|
|
Product of conversion No. on 1 (unit of measure): | |
|
Goods No. |
|
8. Losses of production (1):
_____________________________________________________________________________
(names of goods, goods quantity
________________________________________________________________________________
according to each name, unit of measure)
9. Transactions on conversion of goods, methods of their making:
____________________________________________________________________________
(name of transaction, main methods of its making)
10. Methods of identification of goods:
_____________________________________________________________________________
|
|
|
|
|
(signature of the head (deputy manager) |
|
(employee's position, surname and initials) |
______________________________
(1) concerning goods for conversion in the form of precious metals and (or) gemstones specifying of the range of regulations of exit of products of conversion, consumption rates of goods for conversion per piece of conversion and (or) production losses is admissible.
(2) It is filled at the discretion of person interested in conversion of goods.
Appendix 3
to Regulations on goods placement under customs procedures of conversion on customs area, conversions for internal consumption, outward processing
Form
Form of the letter of customs
______________ №______________
____________________________________________________
(name (surname and initials), location
____________________________________________________
(residence), UNP (in the presence) persons,
____________________________________________________
interested in conversion of goods)
The document on conditions of conversion of goods (on customs area, for internal consumption, out of customs area)
(necessary to emphasize)
1. Person (persons) who (which) will be will be directly performed by transactions on conversion:
_____________________________________________________________________________
(name of the organization (surname, own name,
_____________________________________________________________________________
middle name (if that is available) the individual entrepreneur),
_____________________________________________________________________________
place (places) of finding of production capacities)
2. Goods for conversion:
|
№ |
Description of goods |
Code |
Quantity, kg |
Quantity in additional units of measure |
Cost in currency under the contract |
|
1 |
2 |
3 |
4 |
5 |
6 |
|
2.1 |
|
|
|
|
|
|
2.2 |
|
|
|
|
|
|
… |
|
|
|
|
|
3. Conversion products:
|
№ |
Description of goods |
Code |
Quantity, kg |
Quantity in additional units of measure |
Cost in currency under the contract |
|
1 |
2 |
3 |
4 |
5 |
6 |
|
3.1 |
|
|
|
|
|
|
3.2 |
|
|
|
|
|
|
… |
|
|
|
|
|
5. Data on remaining balance (1):
|
№ |
Description of goods |
Code of the CN FEA EEU |
Quantity, kg |
Quantity in additional units of measure |
Cost in currency under the contract |
Foreign goods of which remaining balance are formed | |
|
name |
quantity, unit of measure | ||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
5.1 |
|
|
|
|
|
goods No. 2.1 |
|
|
5.2 |
|
|
|
|
|
goods No. 2.2 |
|
|
… |
|
|
|
|
|
goods No. |
|
6. Data on waste (1):
|
№ |
Description of goods |
Code of the CN FEA EEU |
Quantity, kg |
Quantity in additional units of measure |
Possibility of commercial use |
Foreign goods of which waste are formed | |
|
name |
quantity, unit of measure | ||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
6.1 |
|
|
|
|
|
goods No. 2.1 |
|
|
6.2 |
|
|
|
|
|
goods No. 2.2 |
|
|
… |
|
|
|
|
|
goods No. |
|
7. Regulations of exit of products of conversion:
Table 1
|
Goods for conversion from? 1? kg |
Conversion products | |
|
quantity, kg2 |
quantity, protsentov2 | |
|
1 |
2 |
3 |
|
? |
Product of conversion No. 3.1 | |
|
Goods No. 2.1 – from 1 (unit of measure) |
|
|
|
Goods No. – from 1 (unit of measure) |
|
|
|
? |
Product of conversion No. | |
|
Goods No. – from 1 (unit of measure) |
|
|
Table 2
Consumption rates of goods for conversion per piece conversions (it is filled in case of availability in the conditions of conversion of data on consumption rates of goods for conversion per piece of conversion):
|
Goods for conversion |
Quantity, unit izmereniya2 |
|
1 |
2 |
|
Conversion No. 3.1 product on 1 (unit of measure): | |
|
Goods No. 2.1 |
|
|
Goods No. |
|
|
Product of conversion No. on 1 (unit of measure): | |
|
Goods No. |
|
8. Losses of production (1, 2):
_____________________________________________________________________________
(names of goods, goods quantity
_____________________________________________________________________________
according to each name, unit of measure)
9. Transactions on conversion of goods, methods of their making:
_____________________________________________________________________________
(name of transaction, main methods of its making)
10. Methods of identification of goods:
_____________________________________________________________________________
_____________________________________________________________________________
11. Replacement of foreign goods (goods for conversion) of conversion (3)/products foreign tovarami4 is allowed:
goods for pererabotki3/product conversions (4) ¹_________________________________________________
(number of line item in the statement, goods quantity)
equivalent goods (3)/foreign goods (4): ___________________________________________
(short description of goods)
based on documents: _________________________________________________
(name of the author of the document,
_____________________________________________________________________________
name of the document, its number and date of creation)
12. Export of products of conversion before import of foreign goods (3):
well
Import of foreign goods before commodity exportation of the Eurasian Economic Union (4):
well
13. The documents confirming making of the external economic transaction, or other documents confirming right of possession, uses and (or) orders with goods not within the external economic transaction:
_______________________________________________________________________________
(name of the document, its number and date)
14. The term of conversion of goods to ____________________________________________
(end date of term)
15. Space of goods placement for customs procedures:
____________________________________________________________________________
(code and name of Item (Items) of customs clearance)
16. This document is effective to _______ inclusive.
(date)
This document is issued in change (amendment) of the document on conditions of conversion of goods (on customs area, for internal consumption, out of customs area) (necessary to emphasize) from ___________________ to No. ___________ / to the declaration on goods according to which goods were issued in customs procedure of conversion on customs area (out of customs area) (necessary to emphasize), from ________________ No. ___________
It is necessary for prolongation of effective period of this document in advance (taking into account the term of consideration of the application) to address to the customs which issued it.
For prolongation of the effective period of customs procedure of conversion of goods (on customs area, for internal consumption, out of customs area) (necessary to emphasize) which is earlier established proceeding from this document effective period the interested person after prolongation of effective period of this document and before expiration of the specified customs procedure should address in Item of customs clearance ________________________________________________
(code and name of Item of customs clearance)
The enclosed documents: on ___ l., including:
1. ________________________________________________ on __ l.
(the statement, reference number and date, the entering number and date)
2. ________________________________________________ on __ l.
(name of authorized body, number and date of the decision on approval of conditions of conversion)
3. ________________________________________________ on __ l.
(other enclosed documents: name of the document, its number and date)
4....
|
Chief (deputy |
|
|
|
|
|
(signature) |
|
(surname, initials) |
______________________________
1 It is filled for documents on conditions of conversion of goods on customs area and for internal consumption.
2 Concerning goods for conversion in the form of precious metals and (or) gemstones specifying of the range of regulations of exit of products of conversion, consumption rates of goods for conversion per piece of conversion and (or) production losses is admissible.
3 It is filled for the document on conditions of conversion of goods on customs area.
4 It is filled for the document on conditions of conversion of goods out of customs area.
Appendix
to the Resolution of Council of Ministers of the Republic of Belarus of October 14, 2011 No. 1374
The fixed amount of ensuring discharge of duty on payment of customs duties, taxes concerning separate types of goods the Description of goods *
|
Description of goods * |
Commodity code according to the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union |
The fixed amount of ensuring discharge of duty on payment of customs duties, taxes concerning separate types of goods |
|
1. The fixed amount of ensuring discharge of duty on payment of customs duties, taxes applied in case of release of imported goods before submission of the declaration on goods | ||
|
1.1. meat of cattle, fresh or cooled |
0201 |
1, 71 euros for kg |
|
1.2. meat and food offal fresh or cooled ** |
from 0203–0208 |
1, 64 euros for kg |
|
1.3. fish live |
0301 |
7, 34 euros for kg |
|
1.4. fish fresh or cooled |
0302 |
0, 69 euros for kg |
|
1.5. fillet fish and other meat of fish (including forcemeat), fresh or cooled ** |
from 0304 |
2, 77 euros for kg |
|
1.6. Crustacea, mollusks, water invertebrates live, fresh or cooled ** |
from 0306–0308 |
2, 75 euros for kg |
|
1.7. milk and dairy products |
0401–0402 |
0, 35 euros for kg |
|
1.8. cheeses ** |
from 0406 |
1, 93 euros for kg |
|
1.9. egg |
0407–0408 |
0, 72 euros for kg |
|
1.10. bulbs, tubers, tuberiform roots, corms, rhizomes; plants and roots of chicory, except roots of goods item 1212 |
0601 |
1, 80 euros for kg |
|
1.11. other live plants (including their roots), shanks and layers; mycelium |
0602 |
1, 44 euros for kg |
|
1.12. the cut flowers and buds suitable for creation of bouquets or for the decorative purposes |
0603, except for 0603 90 000 0 |
3, 78 euros for kg |
|
1.13. leaves, branches and other parts of plants without flowers or buds, grass, the mosses and lichens suitable for creation of bouquets or for the decorative purposes |
0604, except for 0604 90 |
1, 37 euros for kg |
|
1.14. tomatoes |
0702 00 000 |
0, 38 euros for kg |
|
1.15. cabbage Beijing ** |
from 0704 90 900 0 |
0, 18 euros for kg |
|
1.16. lettuce |
0705 11 000 0 |
0, 24 euros for kg |
|
1.17. cucumbers and gherkins |
0707 00 |
0, 41 euros for kg |
|
1.18. mushrooms fresh ** |
from 0709 |
0, 42 euros for kg |
|
1.19. eggplants |
0709 30 000 0 |
0, 51 euros for kg |
|
1.20. celery |
0709 40 000 0 |
0, 30 euros for kg |
|
1.21. pepper sweet |
0709 60 100 |
0, 53 euros for kg |
|
1.22. spinach |
0709 70 000 0 |
0, 12 euros for kg |
|
1.23. beet sheet ** |
from 0709 99 200 0 |
0, 68 euros for kg |
|
1.24. bananas fresh |
0803 90 100 0 |
0, 17 euros for kg |
|
1.25. pineapples fresh |
0804 30 000 1 |
0, 25 euros for kg |
|
1.26. avocado |
0804 40 000 0 |
0, 74 euros for kg |
|
1.27. oranges sweet, fresh |
0805 10 200 0 |
0, 22 euros for kg |
|
1.28. tangerines |
0805 21 000 0 |
0, 24 euros for kg |
|
1.29. clementines |
0805 22 000 0 |
0, 31 euros for kg |
|
1.30. pomelo, grapefruits |
0805 40 000 0 |
0, 22 euros for kg |
|
1.31. lemons, limes |
0805 50 |
0, 26 euros for kg |
|
1.32. grapes fresh |
0806 10 |
0, 39 euros for kg |
|
1.33. melons, water-melons, papaya |
0807 |
0, 29 euros for kg |
|
1.34. pears |
0808 30 900 0 |
0, 32 euros for kg |
|
1.35. apricots |
0809 10 000 0 |
0, 30 euros for kg |
|
1.36. cherry and sweet cherry fresh |
0809 21 000 0–0809 29 000 0 |
0, 47 euros for kg |
|
1.37. peaches and nectarines |
0809 30 |
0, 26 euros for kg |
|
1.38. plums |
0809 40 050 0 |
0, 34 euros for kg |
|
1.39. berries fresh |
0810 10 000 0–0810 40 900 0 |
0, 52 euros for kg |
|
1.40. kiwi |
0810 50 000 0 |
0, 23 euros for kg |
|
1.41. persimmon |
0810 70 000 0 |
0, 34 euros for kg |
|
1.42. garnet ** |
from 0810 90 750 0 |
0, 21 euros for kg |
|
1.43. fresh greens ** |
from 1211 90 |
0, 33 euros for kg |
|
1.44. yeast |
2102 |
0, 11 euros for kg |
|
2. The fixed amount of ensuring discharge of duty on payment of customs duties, taxes applied in case of release of imported goods according to customs procedure of customs transit and also in case of acquisition of the excise stamps intended for marking of the alcoholic beverages and tobacco products imported on the territory of the Republic of Belarus | ||
|
2.1. grape wines, except for sparkling ** |
from 2204 |
2 euros for liter |
|
2.2. natural grape wines sparkling ** |
from 2204 |
5 euros for liter |
|
2.3. Vermouths and grape natural wines other with addition of vegetable or aromatic substances |
2205 |
2 euros for liter |
|
2.4. the drinks other fermented mixes from the fermented drinks and mix of the fermented and soft drinks with volume fraction of ethyl alcohol 7 and more percent ** |
from 2206 00 |
3 euros for liter |
|
2.5. ethyl alcohol from food raw materials, including the ethyl alcohol rectified technical ** |
from 2207 10 000 0, from 2208 90 910 0, from 2208 90 990 0 |
15 euros for liter |
|
2.6. the ethyl alcohol denatured ** |
from 2207 20 000 0 |
15 euros for liter |
|
2.7. spirit tinctures, liqueurs and other alcoholic drinks with volume fraction of ethyl alcohol 7 and more percent ** |
from 2208 |
10 euros for liter |
|
2.8. the cigarettes containing tobacco |
2402 20 |
35 euros for 1000 pieces |
______________________________
* For the purposes of this list the goods are determined only by its code of the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union, the description of goods is given only for convenience of use.
** For the purposes of this list goods of this line item are determined by code of the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union, and also their name.
Approved by the Resolution of Council of Ministers of the Republic of Belarus of March 21, 2014 No. 241
Regulations on completion of action of customs procedure of free customs zone (free warehouse)
1. This Provision establishes procedure for determination by the customs applicant of customs procedure of free customs zone (free warehouse) of goods quantity, placed under customs procedure of free customs zone (free warehouse) concerning which action of customs procedure of free customs zone (free warehouse) comes to the end without room under customs procedure, in the part corresponding to goods quantity, placed under customs procedure of free customs zone (free warehouse), and (or) the goods made (received) of the goods placed under customs procedure of free customs zone (free warehouse), buried, neutralized, utilized and (or) destroyed by different way and completion of action of customs procedure of free customs zone in cases 2 both 4 Items specified in subitems 1, 10, Items 12-14 of Article 207 and Item 3 of Article 455 of the Customs code of the Eurasian Economic Union (further - shopping Mall EEU), and customs procedure of free warehouse in the cases specified in Items 9 and 11 of article 215 of shopping Mall EEU and also are determined:
the goods spent according to Item 23 of the Regulations on the free customs zones created in the territories free (special, special) economic zones, in objects of public catering;
data which shall be specified in the application for the completion of action of customs procedure of free customs zone submitted to customs authority in the cases determined by the Decision of Council of the Eurasian economic commission of December 20, 2017 No. 88 "About some questions of application of customs procedure of free customs zone" (further - the statement), in addition to the data determined by the Decision of Council of the Eurasian economic commission of December 20, 2017 No. 88;
the list of the documents confirming the data specified in the statement, and attached to it and also form and procedure for filling of the statement;
the term during which the customs authority considers the application and documents attached to it.
2. For the purposes of this provision under the act constituting the right of the Eurasian Economic Union (further - EEU), it is understood:
The decision of the Commission of the Customs union of May 20, 2010 No. 257 "About Instructions for filling of customs declarations and forms of customs declarations";
The decision of Board of the Eurasian economic commission of January 16, 2018 No. 2 "About structure and format of the declaration on goods and the transit declaration".
3. Determination of goods quantity, placed under customs procedure of free customs zone (free warehouse) concerning which action of customs procedure of free customs zone (free warehouse) comes to the end without room under customs procedure, in the part corresponding to goods quantity, placed under customs procedure of free customs zone (free warehouse), and (or) the goods made (received) of the goods placed under customs procedure of free customs zone (free warehouse), buried, neutralized, utilized and (or) destroyed by different way is performed by the customs applicant according to technical requirements and (or) engineering procedure, approved as the customs applicant at whom such goods were formed.
4. Goods quantity, placed under customs procedure of free customs zone (free warehouse), in the part corresponding to goods quantity, placed under customs procedure of free customs zone (free warehouse), and (or) the goods made (received) of the goods placed under customs procedure of free customs zone (free warehouse), buried, neutralized, utilized and (or) destroyed by different way is determined in kilograms (net weight) and additional units of measure according to the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union (further - the CN FEA EEU) or the units of measure other than the main and additional units of measure according to which goods were placed under customs procedure, separately concerning the goods which are exported from the territory of free customs zone (free warehouse) for burial, neutralization utilizations and (or) destructions different way:
the legal entity or the individual entrepreneur (further - the organization) operating the objects included in the register of objects for use of waste (further - the register), or the organization having special permission (license) for the activities connected with impact on the environment, the constituting works and (or) services of which are neutralization and (or) waste disposal (further - special permission (license);
the customs applicant on own object included in the register, or on own subject to neutralization and (or) waste disposal, having special permission (license).
5. About the results of determination of goods quantity placed under customs procedure of free customs zone (free warehouse), in the part corresponding to goods quantity, placed under customs procedure of free customs zone (free warehouse), and (or) the goods made (received) of the goods placed under customs procedure of free customs zone (free warehouse), buried, neutralized, utilized and (or) destroyed by different way, the customs applicant informs customs authority by submission of the notification in the form of the declaration on goods (further - the notification on waste) which form, the structure and format are established by the act, constituting the right of EEU, taking into account the features of filling determined by the State Customs Committee, on paper with representation of its electronic type or in the form of the electronic document no later than the last number of the third month the commodity exportation following after month from the territory of free customs zone (free warehouse).
6. Are applied to the notification on waste by the customs applicant:
the report on the results of determination of goods quantity placed under customs procedure of free customs zone (free warehouse), in the part corresponding to goods quantity, placed under customs procedure of free customs zone (free warehouse), and (or) the goods made (received) of the goods placed under customs procedure of free customs zone (free warehouse), buried, neutralized, utilized and (or) destroyed by different way with indication of the data determined by the State Customs Committee;
the contract of the customs applicant with the organization operating the objects included in the register or the organization having special permission (license) for burial, neutralization, utilization and (or) destruction by different way of the goods placed under customs procedure of free customs zone (free warehouse) and (or) the goods made (received) of the goods placed under customs procedure of free customs zone (free warehouse) - in the case specified in the paragraph the second item 4 of this provision;
the documents confirming the fact of acceptance of the goods placed under customs procedure of free customs zone (free warehouse) and (or) the goods made (received) of the goods placed under customs procedure of free customs zone (free warehouse) for burial, neutralization utilizations and (or) destructions by different way, the organization operating the objects included in the register or the organization having special permission (license) - in the case specified in the paragraph the second item 4 of this provision;
the documents confirming the fact of burial, neutralization, utilization and (or) destruction different way by the customs applicant on own object included in the register, or on own subject to neutralization and (or) waste disposal having special permission (license) - in case, the specified in paragraph three of item 4 of this provision.
In case of submission of the notification on waste on paper the report specified in the paragraph the second to part one of this Item is submitted on paper in the form determined by the State Customs Committee with simultaneous representation of its electronic type. The electronic type of this Item of the report specified in the paragraph the second to part one is represented with observance of structure and the format determined by the State Customs Committee for submission of such report in the form of the electronic document.
In case of submission of the notification on waste in the form of the electronic document the report specified in the paragraph the second to part one of this Item is presented in the form of the electronic document with observance of structure and the format determined by the State Customs Committee.
The documents specified in paragraphs the third or fifth to part one of this Item are attached in case of submission of the notification on waste on paper.
The customs authority if necessary has the right to demand representation:
documents, the specified in paragraphs three - the fifth part one of this Item, in case of submission of the notification on waste in the form of the electronic document;
other documents confirming the data specified in the notification on waste.
7. Action of customs procedure of free customs zone comes to the end without goods placement under customs procedures in the case specified in the subitem 2 of Item 10 of article 207 of shopping Mall EEU, way of introduction of the corresponding data to information system of customs authorities in day of recognition by customs authority of the fact of destruction and (or) irretrievable loss of the goods placed under customs procedure of free customs zone owing to accident or force majeure or the fact of irretrievable loss of the goods placed under customs procedure of free customs zone as a result of natural wastage under normal conditions of transportation (transportation) and (or) storage.
8. For completion of action of customs procedure of free customs zone without goods placement under customs procedures in the case specified in the subitem 4 of Item 10 of article 207 of shopping Mall EEU, except for the case specified in part three of this Item, person specified in Item 2 of article 207 of shopping Mall EEU represents to the customs authority located in the place of departure which such port free customs zone adjoins (further - STZ) or logistic STZ concerning the foreign goods placed under customs procedure of free customs zone in the territory of port STZ or logistic STZ which remained in steady-state condition, except changes owing to natural wear, and also changes owing to natural wastage under normal conditions of transportation (transportation) and (or) storage, in the form of the electronic document the notification on placement of goods in the customs control zone taking into account features of filling determined by the State Customs Committee.
Action of customs procedure of free customs zone concerning the goods specified in part one of this Item comes to the end without goods placement under customs procedures by introduction in day of issue of permission of customs authority to departure from customs area of EEU of goods of data on such permission:
in information system of customs authorities;
in the notification on the placement of goods in the customs control zone according to the procedure determined by the State Customs Committee.
In case the notification on commodity importation, placed under customs procedure of free customs zone, on the territory of port STZ and logistic STZ moved in the customs authority located in the place of departure which port STZ or logistic STZ, action of customs procedure of free customs zone concerning the goods specified in part one of this Item adjoins comes to the end without goods placement under customs procedures by introduction in day of issue of permission of customs authority to departure from customs area of EEU of these goods of data on such permission:
in information system of customs authorities;
in the notification on the placement of goods in the customs control zone according to the procedure determined by the State Customs Committee.
9. For completion of action of customs procedure of free customs zone without goods placement under customs procedures in the cases specified in Items 12 and 13 of article 207 of shopping Mall EEU, the customs applicant who placed the equipment put into operation and used by resident free (special, special) economic zone (further - SEZ) for implementation of the agreement on activities conditions in SEZ, or the goods used for creation of real estate objects in the territory of SEZ and which are component of such real estate objects put into operation under customs procedure of free customs zone the customs authority in which such equipment or goods were placed under customs procedure of free customs zone, informs on approach of the circumstances specified in Items 12 or 13 of article 207 of shopping Mall EEU, way of submission of the notification in the form of the declaration goods (further - the notification on the equipment and (or) real estate objects in the territory of SEZ), form, which structure and format are established by the act constituting the right of EEU taking into account the features of filling determined by the State Customs Committee, on paper with representation of its electronic type or in the form of the electronic document.
In the territory of SEZ are applied by the customs applicant to the notification on the equipment and (or) real estate objects:
the report on the goods which are the equipment put into operation and used by resident of SEZ for implementation of the agreement on activities conditions in SEZ, and (or) the goods used for creation of real estate objects in the territory of SEZ and which are component of such real estate objects (further - the report of resident of SEZ), with indication of the data determined by the State Customs Committee;
the short description of the investment project realized by resident of SEZ according to the agreement on activities conditions in the SEZ signed by the head of administration of SEZ or its authorized deputy, containing information on the resident of SEZ (accounting number of the payer, the full and abbreviated name, registration date as resident of SEZ, the location, information on the activities performed within STZ determined for such resident of SEZ, terms of implementation of the investment project);
the audit opinion issued by auditing organization or the auditor performing activities as the individual entrepreneur, confirming commissioning and use by the resident of SEZ for implementation of the agreement on activities conditions in SEZ of the equipment placed under customs procedure of free customs zone, or use of the goods placed under customs procedure of free customs zone for creation of real estate objects in the territory of SEZ and such real estate objects which are component specified in the report of resident of SEZ;
the design estimates on object (objects) of the real estate, for which creation (which) the goods placed under customs procedure of free customs zone, which component (which) they are are used;
the document on the termination of functioning of SEZ or phase-out of customs procedure of free customs zone in the territory of SEZ - in case of completion of action of customs procedure of free customs zone in the case specified in Item 12 of article 207 of shopping Mall EEU;
the document confirming loss by person of resident status of SEZ in connection with expiration of the contract about activities conditions in SEZ - in the case specified in Item 13 of article 207 of shopping Mall EEU;
the document confirming accomplishment by the resident of SEZ of terms of the contract about activities conditions in SEZ - in the case specified in Item 13 of article 207 of shopping Mall EEU;
acceptance acts (input) by the resident of SEZ in operation of the equipment placed under customs procedure of free customs zone and used by resident of SEZ for implementation of the agreement on activities conditions in SEZ and (or) real estate objects for which creation in the territory of SEZ the goods placed under customs procedure of free customs zone and which are component of such real estate objects are used;
certificates (certificate) of state registration of the real estate objects registered for the customs applicant of customs procedure of free customs zone;
documents, confirmatory rights of possession, uses and orders of the customs applicant of customs procedure of free customs zone concerning the equipment put into operation;
other documents confirming the data specified in the notification on the equipment and (or) real estate objects in the territory of SEZ.
In case of submission of the notification on the equipment and (or) real estate objects in the territory of SEZ on paper:
the report of resident of SEZ is submitted on paper in the form determined by the State Customs Committee with simultaneous representation of its electronic type;
the documents specified in paragraphs the third or eleventh to part two of this Item can be presented in the form of originals, notarially attested copies or copies of the documents certified by the customs applicant.
The electronic report type of resident of SEZ is represented with observance of structure and the format determined by the State Customs Committee for submission of such report in the form of the electronic document.
In case of submission of the notification on the equipment and (or) real estate objects in the territory of SEZ in the form of the electronic document:
the report of resident of SEZ is presented in the form of the electronic document with observance of structure and the format determined by the State Customs Committee;
the documents specified in paragraphs the third or eleventh to part two of this Item are represented electronically, to corresponding original of the submitted document or its notarially attested copy.
Submission of the notification on the equipment and (or) real estate objects in the territory of SEZ and the report of resident of SEZ in the form of the electronic document is performed by their direction in information system of customs authority. At the same time the documents specified in paragraphs the third or eleventh to part two of this Item are represented by means of system of interdepartmental electronic document management of state bodies or through the single portal of electronic services within one working day following behind day of submission of the notification on the equipment and (or) real estate objects in the territory of SEZ and the report of resident of SEZ.
If necessary the customs authority has the right to demand submission of originals of the documents specified in paragraphs the third or eleventh to part two of this Item for check of their compliance to the submitted documents.
10. In case of liquidation (the activities termination) of person which is resident of SEZ, or liquidation of the owner of free warehouse action of customs procedure of free customs zone (free warehouse) comes to the end with goods placement, placed under customs procedure of free customs zone (free warehouse), and (or) the goods made (received) of the goods placed under customs procedure of free customs zone (free warehouse), under customs procedures according to the procedure, the determined shopping Mall EEU.
Customs procedure of free customs zone (free warehouse) in the case specified in part one of this Item shall be complete before liquidation completion of the procedure (the activities termination) of person which is resident of SEZ (the owner of free warehouse).
11. For completion of action of customs procedure of free warehouse without goods placement under customs procedures in the case specified in Item 9 of article 215 of shopping Mall EEU, the customs applicant who placed the equipment put into operation and used by the owner of free warehouse or the goods used for creation of real estate objects in the territory of free warehouse and which are component of such real estate objects put into operation under customs procedure of free warehouse informs customs authority in which such equipment or goods were placed under customs procedure of free warehouse, on approach of the circumstances specified in Item 9 of article 215 of shopping Mall EEU, way of submission of the notification in the form of the declaration goods (further - the notification on the equipment and (or) real estate objects in the territory of free warehouse) which form, structure and format are established by the act constituting the right of EEU taking into account features of filling, determined by the State Customs Committee, on paper with representation of its electronic type or in the form of the electronic document.
In the territory of free warehouse are applied by the customs applicant to the notification on the equipment and (or) real estate objects:
the report on the goods which are the equipment put into operation and used by the owner of free warehouse and (or) the goods used for creation of real estate objects in the territory of free warehouse and which are component of such real estate objects (further - the report of the owner of free warehouse), with indication of the data determined by the State Customs Committee;
the audit opinion issued by auditing organization or the auditor performing activities as the individual entrepreneur, confirming commissioning and use by the owner of free warehouse of the equipment placed under customs procedure of free warehouse, or use of the goods placed under customs procedure of free warehouse for creation of real estate objects in the territory of the free warehouse and such real estate objects which are component specified in the report of the owner of free warehouse;
the design estimates on object (objects) of the real estate, for which creation (which) the goods placed under customs procedure of free warehouse, which component (which) they are are used;
acceptance acts (input) by the customs applicant in operation of the equipment placed under customs procedure of free warehouse and used by the owner of free warehouse, and (or) real estate objects for which creation in the territory of free warehouse the goods placed under customs procedure of free warehouse and which are component of such real estate objects are used;
certificates (certificate) of state registration of the real estate objects registered for the customs applicant of customs procedure of free warehouse;
document on the termination of functioning of free warehouse;
other documents confirming the data specified in the notification on the equipment and (or) real estate objects in the territory of free warehouse.
In case of submission of the notification on the equipment and (or) real estate objects in the territory of free warehouse on paper:
the report of the owner of free warehouse is submitted on paper in the form determined by the State Customs Committee with simultaneous representation of its electronic type;
the documents specified in paragraphs the third or eighth to part two of this Item can be presented in the form of originals, notarially attested copies or copies of the documents certified by the customs applicant.
The electronic report type of the owner of free warehouse is represented with observance of structure and the format determined by the State Customs Committee for submission of such report in the form of the electronic document.
In case of submission of the notification on the equipment and (or) real estate objects in the territory of free warehouse in the form of the electronic document:
the report of the owner of free warehouse is presented in the form of the electronic document with observance of structure and the format determined by the State Customs Committee;
the documents specified in paragraphs the third or eighth to part two of this Item are represented electronically, to corresponding original of the submitted document or its notarially attested copy.
Submission of the notification on the equipment and (or) real estate objects in the territory of free warehouse and the report of the owner of free warehouse in the form of the electronic document is performed by their direction in information system of customs authority. At the same time the documents specified in paragraphs the third or eighth to part two of this Item are represented by means of system of interdepartmental electronic document management of state bodies or through the single portal of electronic services within one working day following behind day of submission of the notification on the equipment and (or) real estate objects in the territory of free warehouse and the report of the owner of free warehouse.
If necessary the customs authority has the right to demand submission of originals of the documents specified in paragraphs the third or eighth to part two of this Item for check of their compliance to the submitted documents.
12. To the goods spent according to Item 23 of the Regulations on the free customs zones created in the territories free (special, special) economic zones, in the objects of public catering located in territorial STZ foodstuff *, placed under customs procedure of free customs zone, and (or) the foodstuff made (received) of the goods placed under customs procedure of free customs zone, except for excise goods belongs.
For completion of action of customs procedure of free customs zone without goods placement under customs procedures in the case specified in part one of this Item, the customs applicant who placed the goods consumed according to part one of this Item under customs procedure of free customs zone informs customs authority in which such goods were placed under customs procedure of free customs zone, on consumption of goods according to part one of this Item by submission of the notification in the form of the declaration on goods (further - the notification on consumption of goods) which form, structure and format are established by the act constituting the right of EEU taking into account the features of filling determined by the State Customs Committee, on paper with representation of its electronic type or in the form of the electronic document.
Are applied to the notification on consumption of goods by the customs applicant:
the report on expenditure of goods according to Item 23 of the Regulations on the free customs zones created in the territories free (special, special) economic zones, in the objects of public catering located in territorial STZ (further - the report on expenditure of goods), with indication of the data determined by the State Customs Committee;
the short description of the investment project realized by resident of SEZ according to the agreement on activities conditions in the SEZ signed by the head of administration of SEZ or its authorized deputy, containing information on the resident of SEZ (accounting number of the payer, the full and abbreviated name, registration date as resident of SEZ, the location, information on the activities performed within STZ determined for such resident of SEZ, terms of implementation of the investment project);
the audit opinion issued by auditing organization or the auditor performing activities as the individual entrepreneur, confirmatory expenditure in the objects of public catering located in territorial STZ, the goods placed under customs procedure of free customs zone and (or) made (received) of the goods placed under customs procedure of free customs zone, and specified in the report on expenditure of goods;
other documents confirming the data specified in the notification on consumption of goods.
In case of submission of the notification on consumption of goods on paper:
the report on expenditure of goods is submitted on paper in the form determined by the State Customs Committee with simultaneous representation of its electronic type;
the documents specified in paragraphs the third or fifth to part three of this Item can be presented in the form of originals, notarially attested copies or copies of the documents certified by the customs applicant.
The electronic report type about expenditure of goods is represented with observance of structure and the format determined by the State Customs Committee for submission of such report in the form of the electronic document.
In case of submission of the notification on consumption of goods in the form of the electronic document:
the report on expenditure of goods is presented in the form of the electronic document with observance of structure and the format determined by the State Customs Committee;
the documents specified in paragraphs the third or fifth to part three of this Item are represented electronically, to corresponding original of the submitted document or its notarially attested copy.
Submission of the notification on consumption of goods and the report on expenditure of goods in the form of the electronic document is performed by their direction in information system of customs authority. At the same time the documents specified in paragraphs the third or fifth to part three of this Item are represented by means of system of interdepartmental electronic document management of state bodies or through the single portal of electronic services within one working day following behind day of submission of the notification on consumption of goods and the report on expenditure of goods.
If necessary the customs authority has the right to demand submission of originals of the documents specified in paragraphs the third or fifth to part three of this Item for check of their compliance to the submitted documents.
______________________________
* For the purposes of this Item the term "foodstuff" is used in the value determined by the Law of the Republic of Belarus of June 29, 2003 No. 217-Z "About quality and safety of food staples and foodstuff for life and health of the person".
13. The submitted notifications on waste, the notification on commodity exportation, the notification on the equipment and (or) real estate objects in the territory of SEZ, the notification on the equipment and (or) real estate objects in the territory of free warehouse and the notification on consumption of goods are registered customs authority according to the procedure, determined by the State Customs Committee.
14. Customs authority within 15 working days following behind day of registration of the notification on waste, notifications on commodity exportation, notifications on the equipment and (or) real estate objects in the territory of SEZ, notifications on the equipment and (or) real estate objects in the territory of free warehouse or the notification on consumption of goods:
accepts the adequate notice according to the procedure, determined by the State Customs Committee, and completes action of customs procedure of free customs zone or free warehouse without goods placement under customs procedures by entering of the corresponding data into information system of customs authorities;
refuses adoption of the adequate notice in the cases and procedure determined by the State Customs Committee.
15. The application is submitted in the form of the declaration for goods which form, the structure and format are established by the act constituting the right of EEU taking into account the features of filling determined by the State Customs Committee, on paper with representation of its electronic type or in the form of the electronic document.
16. In the statement in addition to the data determined by the Decision of Council of the Eurasian economic commission of December 20, 2017 No. 88, the following data are specified:
16.1. about case of other consumption of goods, than provided in the subitem 4 of Item 1 of article 205 of shopping Mall EEU specified in appendix 1 to the Decision of Council of the Eurasian economic commission of December 20, 2017 No. 88;
16.2. about goods quantity, specified in the statement;
16.3. about the location of the goods specified in the statement;
16.4. about customs value of the goods specified in the statement;
16.5. about the statistical cost of the goods specified in the statement;
16.6. about person which constituted the statement and also the document certifying the power of the person which made the statement;
16.7. about details of the documents confirming the data specified in the statement;
16.8. if the goods placed under customs procedure of free customs zone, and (or) the goods made (received) of the goods placed under customs procedure of free customs zone are consumed according to Item 1 of appendix 1 to the Decision of Council of the Eurasian economic commission of December 20, 2017 No. 88:
about the name and the location of real estate objects;
about the name and details of the agreement on activities conditions in SEZ for the purpose of which realization creation (construction) of the real estate objects which are in the territory of STZ was performed;
about resident of SEZ (the full or abbreviated name of the legal entity or surname, own name, middle name (if that is available) physical person, accounting number of the payer of person (in the presence), being the customs applicant of the goods placed under customs procedure of free customs zone, and using such goods during creation in the territory of SEZ of real estate objects for the purpose of implementation by it of the agreement on activities conditions in SEZ which became compound and integral part of the real estate objects put into operation, registered on the property right behind such resident of SEZ - if the application is submitted by person who is not the customs applicant of the goods placed under customs procedure of free customs zone;
about details of the documents confirming rights of possession of use and (or) the order of person who submitted the application, such goods;
16.9. if the goods placed under customs procedure of free customs zone, and (or) the goods made (received) of the goods placed under customs procedure of free customs zone are consumed according to Item 2 of appendix 1 to the Decision of Council of the Eurasian economic commission of December 20, 2017 No. 88:
about the name and the location of real estate objects;
about the name and details of the agreement on activities conditions in SEZ for the purpose of which realization operation, (content), repair, reconstruction of the real estate objects which are in the territory of STZ were performed;
about details of the documents confirming rights of possession of use and (or) the order of person who submitted the application, such goods;
16:10. if the goods placed under customs procedure of free customs zone, and (or) the goods made (received) of the goods placed under customs procedure of free customs zone are consumed according to Item 3 of appendix 1 to the Decision of Council of the Eurasian economic commission of December 20, 2017 No. 88:
about the equipment, machines and aggregates placed under customs procedure of free customs zone and used in the territory of STZ by resident of SEZ for which STZ limits according to the agreement on conditions of activities of SEZ are determined in case of operation and (or) maintenance of which goods are consumed;
about the name and details of the agreement on activities conditions in SEZ for the purpose of which realization operation and (or) maintenance of the equipment, the machines and aggregates placed under customs procedure of free customs zone and used in the territory of STZ were performed;
16:11. if the goods placed under customs procedure of free customs zone, and (or) the goods made (received) of the goods placed under customs procedure of free customs zone are consumed according to item 4 of appendix 1 to the Decision of Council of the Eurasian economic commission of December 20, 2017 No. 88:
about researches, testing, testings, checks, experiences or experiments when which carrying out goods are considered as consumed;
about the name and details of the agreement on activities conditions in SEZ for the purpose of which realization carrying out researches, testing, testings, checks, experiences or experiments was performed.
17. For confirmation of the data specified in the statement are applied to it:
17.1. the report on consumption of goods according to appendix 1 to the Decision of Council of the Eurasian economic commission of December 20, 2017 No. 88 with indication of the data determined by the State Customs Committee (further - the report on consumption of goods);
17.2. the short description of the investment project realized by resident of SEZ according to the agreement on activities conditions in the SEZ signed by the head of administration of SEZ or its authorized deputy, containing information on the resident of SEZ (accounting number of the payer, the full and abbreviated name, registration date as resident of SEZ, the location, information on the activities performed within STZ determined for such resident of SEZ, terms of implementation of the investment project);
17.3. in case of consumption of the goods placed under customs procedure of free customs zone, and (or) the goods made (received) of the goods placed under customs procedure of free customs zone (further - goods) according to Item 1 of appendix 1 to the Decision of Council of the Eurasian economic commission of December 20, 2017 No. 88:
the audit opinion issued by auditing organization or the auditor performing activities as the individual entrepreneur, confirmatory use of the goods specified in the report on consumption of goods for creation of real estate objects in the territory of SEZ and such real estate objects which are component for the purpose of implementation of the agreement on activities conditions in SEZ;
the written confirmation of resident of SEZ certified by his head about consumption of the goods specified in the report on consumption of goods during creation of the real estate objects in the territory of STZ determined for such resident of SEZ and which are component of such real estate objects for the purpose of implementation of the investment project;
acceptance acts (input) in operation of real estate objects for which creation the goods specified in paragraph one of this subitem are used;
certificates (certificate) of state registration of the real estate objects registered behind resident of SEZ;
the documents confirming concerning the real estate object of right of possession, use and the order of person who submitted the application put into operation;
17.4. in case of consumption of goods according to Item 2 of appendix 1 to the Decision of Council of the Eurasian economic commission of December 20, 2017 No. 88:
the audit opinion issued by auditing organization or the auditor performing activities as the individual entrepreneur, confirmatory use of the goods specified in the report on consumption of goods in case of operation (content), repair, the reconstruction of the real estate objects which are in the territory of STZ determined for resident of SEZ, and operated for the purpose of implementation of the agreement on activities conditions in SEZ;
the written confirmation of resident of SEZ certified by the head of such person about consumption of the goods specified in the report on consumption of goods in case of operation (content), repair, reconstruction of the real estate objects which are in the territory of STZ determined for such resident of SEZ for the purpose of implementation of the investment project;
17.5. in case of consumption of goods according to Item 3 of appendix 1 to the Decision of Council of the Eurasian economic commission of December 20, 2017 No. 88:
the audit opinion issued by auditing organization or the auditor performing activities as the individual entrepreneur, confirmatory use of the goods specified in the report on consumption of goods in case of the operation of the equipment, machines and aggregates placed under customs procedure of free customs zone and used by resident of SEZ for implementation of the agreement on activities conditions in SEZ;
the written confirmation of resident of SEZ certified by his head about consumption (elimination, use without remaining balance) the goods specified in the report on consumption of goods in case of the operation and (or) maintenance of the equipment, machines and aggregates placed under customs procedure of free customs zone and used in the territory of SEZ which are in the territory of STZ for the purpose of implementation of the investment project;
17.6. in case of consumption of goods according to item 4 of appendix 1 to the Decision of Council of the Eurasian economic commission of December 20, 2017 No. 88:
the audit opinion issued by auditing organization or the auditor performing activities as the individual entrepreneur, confirmatory use of the goods specified in the report on consumption of goods when carrying out in the territory of STZ by the resident of SEZ of researches, testing, testings, checks, experiences or experiments for the purpose of implementation of the agreement on implementation of activities in SEZ;
the written confirmation of resident of SEZ certified by his head about consumption (elimination, use without remaining balance) the goods specified in the report on consumption of goods when carrying out in the territory of SEZ of researches, testing, testings, checks, experiences or experiments for the purpose of implementation of the investment project.
18. If necessary the customs authority has the right to demand submission of other documents confirming the data specified in the statement. At the same time the decision making term about completion of action of customs procedure of free customs zone determined in Item 20 of this provision stops from the date of the direction customs authority of request about provision of the documents confirming the data specified in such statement about day of receipt of required documents by customs authority.
19. In case of submission of the statement on paper:
the report on consumption of goods is submitted on paper in the form determined by the State Customs Committee with simultaneous representation of its electronic type;
the documents specified in subitems 17.2-17.6 of Item 17 of this provision can be presented in the form of originals, notarially attested copies or copies of the documents certified by the customs applicant.
The electronic report type about consumption of goods is represented with observance of structure and the format determined by the State Customs Committee for submission of such report in the form of the electronic document.
In case of submission of the statement in the form of the electronic document:
the report on consumption of goods is presented in the form of the electronic document with observance of structure and the format determined by the State Customs Committee;
the documents specified in subitems 17.2-17.6 of Item 17 of this provision are represented electronically, to corresponding original of the submitted document or its notarially attested copy.
Submission of the statement and report on consumption of goods in the form of the electronic document is performed by their direction in information system of customs authority. At the same time the documents specified in subitems 17.2-17.6 of Item 17 of this provision are represented by means of system of interdepartmental electronic document management of state bodies or through the single portal of electronic services within one working day following behind day of submission of the statement and report on consumption of goods.
If necessary the customs authority has the right to demand submission of originals of the documents specified in subitems 17.2-17.6 of Item 17 of this provision for check of their compliance to the submitted documents.
20. The customs authority within fifteen working days following behind day of registration of a statement makes the decision on completion of action of customs procedure of free customs zone or in the cases determined by the State Customs Committee - the decision on refusal in completion of action of customs procedure.
21. The decision on completion of action of customs procedure of free customs zone or on refusal in completion of action of such customs procedure is issued by customs authority in case of filing of application:
in writing - by putting down of the corresponding mark in the statement according to the procedure determined by the State Customs Committee;
in the form of the electronic document - by the direction of the electronic message to person who submitted the application.
Approved by the Resolution of Council of Ministers of the Republic of Belarus of March 21, 2014 No. 241
Regulations on procedure for issue by customs authority of the permission allowing commodity exportation
1. This Provision establishes procedure for issue by customs authority of the permission allowing commodity exportation, placed under customs procedure of free customs zone, and (or) the goods made (received) of the goods placed under customs procedure of free customs zone from the territory of free customs zone (further - STZ) without completion of action of customs procedure of free customs zone according to item 4 of Article 205 of the Customs code of the Eurasian Economic Union (further - permission).
2. For receipt of permission the customs applicant who placed goods under customs procedure of free customs zone submits the application before the actual commodity exportation, placed under customs procedure of free customs zone, and (or) the goods made (received) of the goods placed under customs procedure of free customs zone from STZ territory in customs authority in which goods were placed under customs procedure of free customs zone.
The application is submitted in the form of the declaration for goods which form, the structure and format are established by the act constituting the right of EEU taking into account the features of filling determined by the State Customs Committee, on paper with representation of its electronic type or in the form of the electronic document.
For the purposes of this Item as the act constituting the right of the Eurasian Economic Union it is understood:
The decision of the Commission of the Customs union of May 20, 2010 No. 257 "About Instructions for filling of customs declarations and forms of customs declarations";
The decision of Board of the Eurasian economic commission of January 16, 2018 No. 2 "About structure and format of the declaration on goods and the transit declaration".
3. The following data are specified in the statement:
3.1. about case of commodity exportation, placed under customs procedure of free customs zone, and (or) the goods made (received) of the goods placed under customs procedure of free customs zone, from STZ territory without completion of action of customs procedure of free customs zone, specified in item 4 of Article 205 of the Customs code of the Eurasian Economic Union (further - shopping Mall EEU);
3.2. about person submitting the application (the full or abbreviated name of the legal entity or surname, own name, middle name (if that is available) physical person, accounting number of the payer (in the presence);
3.3. about the goods placed under customs procedure of free customs zone and (or) the goods made (received) of the goods placed under customs procedure of free customs zone, which are exported from STZ territory (the name, code according to the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union, quantity in the main and additional units of measure and also in the units of measure other than the main and additional units of measure according to which goods are delivered on control, the price of goods, their customs and statistical value);
3.4. registration numbers of declarations on goods according to which goods were placed under customs procedure of free customs zone, sequence numbers of goods in declarations on goods, goods quantity (according to each declaration on goods and on each sequence number in declarations on goods), STZ which is exported from the territory;
3.5. about observance of the conditions of commodity exportation placed under customs procedure of free customs zone, and (or) the goods made (received) of the goods placed under customs procedure of free customs zone from STZ territory;
3.6. about the documents confirming the data specified in the statement;
3.7. about identification in the goods which are exported from the territory of STZ, foreign goods placed under customs procedure of free customs zone, or about identification of the goods which are exported from STZ territory, in case of their return import to this territory or when importing to such territory of goods, the made (received) from these goods as a result of making transactions on conversion (processing) of goods, production of goods, including assembly, installation, adjustment;
3.8. about commodity exportation term;
3.9. about goods quantity, STZ which are exported from the territory;
3.10. about quantity of cargo pieces of the goods which are exported from STZ territory;
3.11. about the country of goods' origin, STZ which are exported from the territory;
3.12. about the country of destination of the goods which are exported from STZ territory;
3.13. about vehicles on which are there (will) be goods which are exported from STZ territory;
3.14. about the location of the goods which are exported from STZ territory;
3.15. about person which constituted the statement and also about the document certifying the power of the person which made the statement;
3.16. in the case specified in the subitem 1 of item 4 of article 205 of shopping Mall EEU:
data on acceptance (input) in operation of the equipment, other main production means used by resident of SEZ;
data on transactions on repair (except for capital repairs, upgrade), to maintenance or other transactions necessary for maintenance of the goods which are exported from STZ territory in normal (worker) condition which will be made concerning the goods which are exported from STZ territory;
about the legal entity or the individual entrepreneur (the full or abbreviated name of the legal entity or surname, own name, middle name (if that is available) physical person, accounting number of the payer (in the presence) which will make the transactions specified in paragraph three of this subitem;
3.17. in the case specified in the subitem 2 of item 4 of article 205 of shopping Mall EEU:
data on the transactions on technical testing, research, testing, check including provided by production process which will be made concerning the goods which are exported from STZ territory and (or) about demonstration for which such goods are exported as samples;
about the legal entity or the individual entrepreneur (the full or abbreviated name of the legal entity or surname, own name, middle name (if that is available) physical person, accounting number of the payer (in the presence) which will make the transactions specified in the paragraph the second this subitem and (or) will be the organizer of the demonstration specified in the paragraph the second this subitem;
3.18. in the case specified in the subitem 3 of item 4 of article 205 of shopping Mall EEU:
data on customs transactions on completion of action of customs procedure of free customs zone which will be made concerning the goods which are exported from STZ territory;
data on customs authority which will make concerning the goods which are exported about STZ territories, customs transactions on completion of action of customs procedure of free customs zone;
3.19. in the case specified in the subitem 4 of item 4 of article 205 of shopping Mall EEU:
data on production and (or) technological operations which will be made concerning the goods which are exported from STZ territory;
3.20. in the case specified in the subitem 5 of item 4 of article 205 of shopping Mall EEU:
data on transactions on conversion (processing) of goods, production of goods, including assembly, installation, adjustment which will be made concerning the goods which are exported from STZ territory;
about the legal entity or the individual entrepreneur (the full or abbreviated name of the legal entity or surname, own name, middle name (if that is available) physical person, accounting number of the payer (in the presence) which will make transactions on conversion (processing) of goods, production of goods, including assembly, installation, adjustment.
4. Are enclosed to the application:
the agreement of resident free (special, special) economic zone with the other person on making by such person with the goods placed under customs procedure of free customs zone and (or) with the goods made of the goods placed under customs procedure of free customs zone, the transactions provided by subitems 1, of the 2 and 5 item 4 of article 205 of shopping Mall EEU;
acceptance acts (input) in operation of the equipment, other main production means used by resident of SEZ - in the case specified in the subitem 1 of item 4 of article 205 of shopping Mall EEU;
other documents confirming the data specified in the statement.
The documents specified in part one of this Item are attached in case of submission of the statement on paper.
The customs authority if necessary has the right to demand representation:
the documents specified in part one of this Item in case of submission of the statement in the form of the electronic document;
other documents confirming the data specified in the statement.
5. The submitted application is registered customs authority according to the procedure, determined by the State Customs Committee.
6. The customs authority within one working day following behind day of registration of a statement issues permission or in the cases determined by the State Customs Committee refuses issue of permission.
Permission or refusal in issue of permission are issued by customs authority in case of filing of application:
in writing - by putting down of the corresponding mark in the statement according to the procedure determined by the State Customs Committee;
in the form of the electronic document - by the direction of the electronic message to person who submitted the application.
Approved by the Resolution of Council of Ministers of the Republic of Belarus of June 20, 2019 No. 406
1. This Provision determines procedure for issue of confirmation of availability of the following bases for provision of delay or payment by installments of payment of import customs duties, the taxes specified in subitems 1 and 2 of Item 2 of article 59 of shopping Mall EEU and subitems 3.1 and 3.2 of Item 3 of article 42 of the Law of the Republic of Belarus "About customs regulation in the Republic of Belarus":
causing to the payer of import customs duties, damage taxes as a result of natural disaster, technological catastrophic crash (emergency situation of natural or technogenic nature) or other force majeure circumstances;
delay to the payer of import customs duties, financing taxes from the republican budget;
delay to the payer of import customs duties, payment taxes for the state order executed by this person or payments under the agreement of public procurement.
1-1. Issue of confirmation of availability of the bases for provision of delay or payment by installments of payment of import customs duties, taxes in form according to appendix (further – confirmation) is performed:
republican state bodies under which supervision the payer is;
regional executive committees (The Minsk Gorispolkom) if the payer is not under supervision of republican state bodies.
2. Issue of confirmation is performed by the state body specified in Item 1-1 of this provision (further – authorized body), based on the written application of person who will act as the payer when placing goods under customs procedure of release for internal consumption (further – the applicant).
The statement for confirmation issue (further – the statement) shall contain the following data:
the name (surname, own name, middle name (if that is available) the applicant, its location (the residence (stay) this the identity document, identification number (in the presence);
accounting number of the payer of the applicant (in the presence);
e-mail address (in the presence), contact telephone number of the applicant;
the basis for provision of delay or payment by installments of payment of import customs duties, taxes which shall be confirmed with authorized body;
customs authority in which declaration of goods will be performed.
Together with the statement the following documents are submitted:
on the basis specified in the paragraph the second Item of 1 this provision – the document issued by territorial authority on emergency situations, confirming the fact of approach of emergency situation of natural or technogenic nature, or the document issued by state body, confirming the approach fact concerning the applicant of other force majeure circumstances;
on the basis specified in paragraph three of Item of 1 this provision – the letter of territorial authority of the State Treasury containing data on the accepted and unexecuted requests for payment of import customs duties, applicant's taxes – the receiver of means of the republican budget;
on the basis specified in paragraph four of Item of 1 this provision:
in case of delay to the payer of payment for the state order executed by the payer – the document of the state customer containing data on cash amount which is not listed it (is out of time listed) to the applicant in payment for the state order executed by it (on delivery of goods, performance of works, rendering services for the state needs);
in case of payment delay under the agreement of public procurement – the document of the customer containing data on cash amount which is not listed it (is out of time listed) to the applicant in payment for the delivered goods (the performed works, the rendered services) under the agreement of public procurement.
3. The authorized body refuses the adoption of the statement according to the procedure established in article 17 of the Law of the Republic of Belarus of October 28, 2008 No. 433-Z "About bases of ministerial procedures" including in case of not reflection in the statement of the data specified in Item part two 2 this provision.
The applicant can repeatedly file petition in authorized body after remedial action, been cause of failure in adoption of the statement.
4. The authorized body by results of consideration submitted the data and documents makes the decision on issue of confirmation or on refusal in its issue within ten working days from the date of filing of application.
Confirmation is drawn up in triplicate on the form of authorized body with assignment of registration number. The first copy of confirmation is stored in cases of the body which issued it together with other documents submitted by the applicant, the second and third copies are issued to the applicant.
5. The authorized body makes the decision on refusal in issue of confirmation according to article 25 of the Law of the Republic of Belarus "On bases of ministerial procedures", including in case of absence in the submitted documents of the data specified in Item part three 2 this provision.
The decision on refusal in issue of confirmation shall be motivated and contain cause of failure.
The applicant can repeatedly file petition in authorized body after remedial action, been cause of failure in confirmation issue.
6. The authorized body notifies the applicant on the made decision on issue of confirmation or on the refusal in its issue according to the procedure provided in article 27 of the Law of the Republic of Belarus "About bases of ministerial procedures".
to Regulations on procedure for issue of confirmation of availability of the separate bases for provision of delay or payment by installments of payment of import customs duties, taxes
Form
______________ №______________
Confirmation of availability of the bases for provision of delay or payment by installments of payment of import customs duties, taxes
This confirmation is issued __________________________________________
(name (surname, own name,
____________________________________________________________________________
middle name (if that is available) the applicant, its location (the place
_____________________________________________________________________________
residence (stay), this the identity document,
_____________________________________________________________________________
identification number (in the presence), accounting number of the payer (in the presence),
_____________________________________________________________________________
e-mail address (in the presence), contact telephone number of the applicant)
_____________________________________________________________________________
(the name of the authorized body which issued confirmation)
also confirms availability of the following basis:
_____________________________________________________________________________
(basis for delay provision
_____________________________________________________________________________
or payments by installments of payment of import customs duties, taxes)
_____________________________________________________________________________
This confirmation is intended for provision in ____________________
(name
_______________________________________________________________________________
the customs authority specified in the statement)
|
Head (deputy manager) |
|
|
|
|
|
(signature) |
|
(surname, initials) |
Approved by the Resolution of Council of Ministers of the Republic of Belarus of June 20, 2019 No. 406
1. This Provision determines procedure for recognition by customs authorities of the fact of destruction and (or) irretrievable loss of the foreign goods which are under customs control owing to accident or force majeure or the fact of irretrievable loss of these goods as a result of natural wastage under normal conditions of transportation (transportation) and (or) storage in cases, the subitems 1 of Item 9 and the subitem 3 of Item 11 of Article provided in the subitem 8 of Item 7, 14, the subitem 3 of Item 3 of Article 56, the subitem 5 of Item 2 of Article 91, the subitem 4 of Item 2 of Article 97, the paragraph third the subitem 4 of Item 2 of Article 103, the subitem 3 Items 3, the subitem 5 of Item 4, the subitem 6 of Item 6 and the subitem 2 of Item 8 of Article 136, the subitem 1 of Item 2 of Article 137, the subitem 6 of Item 3 of Article 153, the subitem 7 of Item 1 of Article 161, the subitem 3 of item 4 of Article 162, the subitem 3 of Item 2 of Article 173, the subitem 5 of Item 2 of Article 174, the subitem 2 of Item 2 of Article 197, the subitem 5 of Item 2 and the subitem 2 of Item 3 of Article 198, the subitem 2 of Item 10 of Article 207, the subitem 5 of item 4 of Article 208, the subitem 2 of Item 7 of Article 215, the subitem 5 of Item 2 of Article 216, the subitem 2 of Item 1 of Article 224, the subitem 5 of Item 3 of Article 225, the subitem 4 of Item 2 of Article 241, the subitem 6 of Item 2 of Article 247, the subitem 7 of Item 2 and subitem 4 of Item 13 of Article 268, subitem 4 of Item 2 and subitem 3 of Item 3 of Article 269, subitem 7 of Item 2 and subitem 8 of Item 6 of Article 279, subitem 5 of Item 2 of Article 284, subitem 4 of Item 2 of Article 288 and subitem 3 of Item 2 of article 295 of shopping Mall EEU.
2. For the purposes of application of this provision under the facts:
irretrievable loss of the foreign goods which are under customs control as a result of natural wastage under normal conditions of transportation (transportation) and (or) storage approach of events owing to natural wastage under normal conditions of transportation (transportation) and (or) storage as a result of which such goods are completely destroyed is understood and (or) are irretrievable lost with education or without formation of the substances which do not have certain functional purpose and completely lost the consumer properties;
destructions and (or) irretrievable loss of the foreign goods which are under customs control owing to accident or force majeure approach of events owing to accident or force majeure as a result of which such goods is understood:
are completely destroyed and (or) are irretrievable lost with education or without formation of the substances which do not have certain functional purpose and completely lost the consumer properties;
completely lost the consumer properties, their recovery is impossible and (or) the cost of their recovery is equal or exceeds goods cost.
At the same time treat force majeure circumstances:
natural disasters (earthquakes, landslides, floods, hurricanes, fires and another);
the phenomena of social nature (war, epidemic (epizooty) and another, accidents of technogenic nature, action of bodies (organizations) authorized on implementation veterinary quarantine phytosanitary, sanitary and quarantine, radiation or other types of control as a result of which the goods are completely destroyed).
3. The foreign goods which are under customs control are recognized destroyed and (or) irretrievable lost owing to accident or force majeure:
at the initiative of customs authority in case of availability in customs authority of the document testimonial of destruction of goods by the body (organization) authorized on implementation veterinary, quarantine phytosanitary, sanitary and quarantine, radiation or other types of control, and the containing data on the name and quantity of the destroyed foreign goods;
at the initiative of the customs applicant, person who had obligation on payment of customs duties, taxes, or person which acquired including by a court decision or to inheritance right, right of possession, uses and (or) orders of the vehicle for private use which is on customs area of the Eurasian Economic Union under customs control.
For recognition of the foreign goods which are under customs control, destroyed and (or) irretrievable lost owing to accident or force majeure of person, specified in paragraph three of part one of this Item, represent to the customs authority which performed release of goods or in the region of activities of which there were accident or force majeure, in writing notifications on recognition of the fact of destruction and (or) irretrievable loss of goods owing to accident or force majeure (further – the notification on destruction of goods).
4. In the notification on destruction of goods the following data are specified:
4.1. about the customs applicant or person who had obligation on payment of customs duties, taxes, or person which acquired including by a court decision or to inheritance right, right of possession, uses and (or) orders of the vehicle for private use which is on customs area of Eurasian custom union under customs control:
name and location of the legal entity;
accounting number of the payer (in the presence);
surname, own name, middle name (if that is available), the residence – for the individual entrepreneur;
surname, own name, middle name (if that is available), the residence (the place of stay) – for the physical person who is not the individual entrepreneur;
data of the identity document, for physical persons and individual entrepreneurs (personal number is specified, and in case of its absence series (in the presence) and document number, proving the identity, or the document for departure from the Republic of Belarus and (or) entry into the Republic of Belarus, or the valid passport or other document replacing it, intended for trip abroad and issued by relevant organ of the state of civil accessory or the regular residence of the foreign citizen or the stateless person or the international organization);
e-mail address (in the presence), contact telephone number;
4.2. about the foreign goods (the name, weight, quantity in additional units (in the presence), the cost, commodity code, except for goods for private use, according to the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union) destroyed and (or) irretrievable lost owing to accident or force majeure;
4.3. about registration number of the customs declaration or other document testimonial of making of customs transactions or carrying out customs control concerning foreign goods;
4.4. about circumstances under which foreign goods were destroyed and irretrievable lost owing to accident or force majeure;
4.5. the list of documents, enclosed according to part two of Item 5 of this provision.
5. The notification on destruction of goods is signed by physical person, including the individual entrepreneur, either the head of the legal entity or the representative of such persons.
Are applied to the notification on destruction of goods:
for the goods moved according to customs procedure of customs transit – the document testimonial of the accident, force majeure or other circumstances which arose in transit (transportation) of goods, shopping Mall EEU constituted according to Item 2 of article 149;
for the goods destroyed by the body (organization) authorized on implementation veterinary, quarantine phytosanitary, sanitary and quarantine, radiation or other types of control, – the document testimonial of destruction of goods by the body (organization) authorized on implementation veterinary, quarantine phytosanitary, sanitary and quarantine, radiation or other types of control;
for the goods which are not specified in paragraphs second and third to this part, one of the following documents:
the document testimonial of accident, force majeure issued by the Belarusian Chamber of Commerce and Industry, either its unitary enterprises, or the state body (organization) of the Republic of Belarus authorized in the field of health care, traffic safety or other field of activity in the course of which implementation the fact of accident or force majeure testimonial of destruction and (or) irretrievable loss of goods, in form according to appendix took place;
the document confirming the fact of approach of emergency situation of natural or technogenic nature issued by territorial authority on emergency situations.
The documents specified in paragraphs the second, third and fifth to part two of this Item shall contain the data on the name and quantity of the destroyed and (or) irretrievable lost foreign goods allowing to identify such goods.
In case of submission of the document specified in paragraph six of part two of this Item the document issued by the organization performing insurance activity, containing the data on the name and quantity of the destroyed and (or) irretrievable lost foreign goods allowing to identify such goods, and the document confirming payment of insurance indemnity concerning these goods is also submitted.
6. The foreign goods which are under customs control are recognized irretrievable lost as a result of natural wastage under normal conditions of transportation (transportation) and (or) storage at the initiative of the customs applicant or person who had obligation on payment of customs duties, taxes, in case of submission to the customs authority which performed release of goods, in writing notifications on recognition of the fact of irretrievable loss of the foreign goods which are under customs control as a result of natural wastage under normal conditions of transportation (transportation) and (or) storage (further - the notification on natural wastage of goods) in which data are specified:
containing in subitems 4.1 and 4.2 of item 4 of this provision;
about structural elements of the regulatory legal acts providing natural wastage of goods under normal conditions of transportation (transportation) and (or) storage;
about circumstances under which foreign goods were irretrievable lost as a result of natural wastage under normal conditions of transportation (transportation) and (or) storage, including about mode of transport and route, - for the goods which are irretrievable lost as a result of natural wastage under normal conditions of transportation (transportation) or about the place and storage time - for the goods which are irretrievable lost as a result of natural wastage under normal conditions of storage.
The calculation constituted in writing by person which submitted such notification about compliance of quantity of irretrievable lost goods as a result of natural wastage under normal conditions of transportation (transportation) and (or) storage to the established rates of natural loss of such goods is applied to the notification on natural wastage of goods.
The notification on natural wastage of goods and the calculation specified in part two of this Item are signed by physical person, including the individual entrepreneur, either the head of the legal entity or the representative of such persons.
7. In the case specified in the paragraph the second Item 3 this provision, customs authority within five working days from the date of receipt in such customs authority of the document testimonial of destruction according to the legislation of goods by the body (organization) authorized on implementation veterinary, quarantine phytosanitary, sanitary and quarantine, radiation or other types of control:
admits the fact of destruction and (or) irretrievable loss of the foreign goods which are under customs control owing to accident or force majeure by entering of the corresponding data into information system of customs authorities;
informs the customs applicant or person who had obligation on payment of customs duties, taxes, or person having right of possession and uses of foreign goods about recognition of the fact of destruction and (or) irretrievable loss of the foreign goods which are under customs control owing to accident or force majeure in writing on the form of the letter of customs signed by the chief of customs or the deputy authorized by it.
8. In cases, the specified in paragraphs three of Item 3 and Item 6 of this provision, customs authority within one month from the date of receipt of the notification on destruction of goods or the notification on natural wastage of goods:
admits the fact of destruction and (or) irretrievable loss of the foreign goods which are under customs control owing to accident or force majeure or the fact of irretrievable loss of these goods as a result of natural wastage under normal conditions transportations (transportation) and (or) storage by entering of the corresponding data into information system of customs authorities or refuses recognition of such facts if the requirements established in paragraph three of part one and part two of Item 3, items 4 and the 6th this provision are not fulfilled;
informs on the form of the letter of customs signed by the chief of customs or the deputy authorized by it, person which provided the notification on destruction of goods or the notification on natural wastage of goods, on recognition of the fact of destruction and (or) irretrievable loss of the foreign goods which are under customs control owing to accident or force majeure or the fact of irretrievable loss of these goods as a result of natural wastage under normal conditions transportations (transportation) and (or) storage or about refusal in recognition of such facts.
to Regulations on procedure for recognition by customs authorities of the fact of destruction and (or) irretrievable loss of the foreign goods which are under customs control owing to accident or force majeure or the fact of irretrievable loss of these goods as a result of natural wastage under normal conditions transportations (transportation) and (or) storage
Form
______________ №____________
Document testimonial of accident, force majeure
This document is issued ________________________________________________
(name (surname, own name,
_____________________________________________________________________________
middle name (if that is available) persons, its location (the residence (stay),
_____________________________________________________________________________
accounting number of the payer (in the presence)
____________________________________________________________________________.
(the name of the organization which issued the document)
Goods __________________________________________________________________
(name, goods quantity, shipping documents,
_____________________________________________________________________________
other available information on goods)
it is destroyed and irretrievable lost owing to accident __________________________
(description of accident)
_____________________________________________________________________________
or force majeure ______________________________________________.
(description of force majeure)
|
(position of person authorized on issue of the document) |
(signature) |
(surname, initials) |
Approved by the Resolution of Council of Ministers of the Republic of Belarus of June 20, 2019 No. 406
1. This Provision determines requirements to arrangement and hardware of elements of customs infrastructure of Items of customs clearance (further - PTO), except for the republican PTO placed at road check points through Frontier of the Republic of Belarus.
2. PTO except for located at railway stations shall be removed from residential arrays and are brought closer to transport hubs and thoroughfares, and also to have the sidings providing maneuverability of large-size vehicles.
3. Proceeding from the planned quantity of tovaropotok and amounts of loading shall be included in PTO:
premises of customs authorities;
rooms for persons submitting customs papers;
the customs control zone for making of customs transactions and carrying out customs control.
4. The customs control zone for making of customs transactions and carrying out customs control of PTO, except for republican PTO "Bruzgi-1", "Molodechno", "Brest-Vostochny", "Gomel", "Kalinkovichi", "Luninets", "Lida", "Svisloch", the departmental PTO "Baranovichi-central" and republican PTO located at railway stations at which transactions on acceptance and departure of passenger trains are performed shall include the platform having the strengthened asphalt or asphalt concrete covering for placement of the vehicles which are under customs control with obligatory marking of parking places of the following minimum size:
for cars - m 2,5 x 5,5;
for cargo vehicles - 3 x 8 m;
for road trains - 3, 5 x 20 m.
5. In addition shall be included the room for placement of the goods unloaded during customs control in the departmental PTO located at railway stations, the republican PTO located at transfer railway stations, and also technological platform for safe carrying out customs control concerning cars and tanks with the upper loading hatches.
6. The customs control zone for making of customs transactions and carrying out customs control of the republican PTO located at the railway station at which transactions on acceptance and departure of passenger trains are performed shall in addition include the hall of making of customs transactions and the room for carrying out personal customs examination.
7. Premises of customs authorities shall:
7.1. to be isolated from other rooms, including from rooms of specialists in customs declaring. Access for persons who are not officials of customs authorities to premises of customs authorities shall be limited using automatic (code) locking devices;
office furniture (at the rate of one computer table and chair on one workplace);
the organizational equipment (the fax machine, the multipurpose device with functions of copying, scanning and seal of documents);
mobile system of documentation with the terminal complete with wearable video recorders (at the rate of two video recorders on each official of customs who is carrying out customs control out of premises of customs authority);
computer facilities compatible with used in customs authorities, including:
server hardware;
the equipment providing functioning of local area network (further - LAN) customs authorities by the principle of hot reservation as on network of power supply (with use of reserve power supply units), and with use of the duplicative telecommunication equipment for routing, aggregation of stacks of LAN;
the computer equipment from calculation one personal electronic computer, one uninterruptible power supply unit on one workplace;
the external peripheral device intended for conclusion of the text or graphical information which is stored in the computer to paper at the rate of one device on two workplaces;
means of communication and data transmission, compatible with used in customs authorities, including:
the structured cable network allowing to connect personal electronic computers of workplaces of officials of customs authorities to LAN of customs authorities;
the telephone sets providing telephone communication in PTO and also beyond its limits;
the allocated main communication channel (data transmission channel and transmission media of data) for reception-transmission of electronic data on goods and making concerning their customs transactions with information transfer speed, necessary for these purposes (at least 5 Mbps);
the allocated alternative channel of communication (data transmission channel and transmission media of data) for reception-transmission of electronic data on goods and making concerning their customs transactions with information transfer speed, necessary for these purposes (at least 2 Mbps) organized with use of technology of data transmission excellent from used under the organization of the allocated main communication channel;
the workplace equipped with the personal electronic computer with the necessary software connected to the global computer Internet on the allocated data transmission channel and which does not have connection to LAN of customs authorities;
means of information protection compatible with used in customs authorities, including:
the software and hardware of the cryptographic information security providing information security, transferred with use of the allocated main and reserve data transmission channels, having documents on assessment of conformity to technical requirements in the cases and procedure provided by acts of the legislation on assessment of conformity to technical requirements;
the information security software and hardware which is establishing controlled exchange of information using lists of access (firewall), having documents on assessment of conformity to technical requirements in the cases and procedure provided by acts of the legislation on assessment of conformity to technical requirements.
Technical parameters of personal electronic computers, the officials of customs authorities identified on workplaces, shall provide functioning of the software used in customs authorities.
Technical parameters of the server hardware shall provide smooth functioning system and the application software used in customs authorities and reliable data storage;
7.3. include rooms:
for the organization of workplaces of officials of the structural division of customs performing release of goods (workplaces of such officials shall be placed in one hall where the workplace of the official performing receiving and delivery of documents will be organized), and also officials of other structural divisions of customs (if necessary);
for the head of department, located so that the possibility of the free address to him of interested persons was provided;
for storage of archive documents, nomenclature cases, books and magazines, technical means of customs control, equipped with office furniture, step-ladder and racks for storage;
for installation of the server, telecommunication hardware and means of information protection:
providing smooth functioning of equipment in place;
equipped with air conditioning systems and ventilation;
having limited access;
the providing placement and connection of the necessary server and service equipment;
for domestic needs.
8.1. the power supply system providing uninterrupted giving of electrical energy to sources of consumption and containing the reserve power supply;
8.2. the automated system of display of priority of submission of documents for making of customs transactions in customs authorities, except for PTO located at railway stations;
8.3. the system of video surveillance providing:
continuous video surveillance and record of the events which are taking place in places of entrance and exit of physical persons, entrance of vehicles on the territory of PTO and departure from such territory along PTO barrier, and also in the places intended for placement of the goods and vehicles which are under customs control;
continuous video, audioobservation and record of the events which are taking place on workplaces of officials of the customs authorities making customs transactions in PTO;
differentiation of access rights of users for viewing of information arriving from the video cameras established on PTO, and the information which is written down from these cameras stored in system of video surveillance;
provision of information access, arriving from video cameras, the officials of customs authorities identified on workplaces, and also to the information which is written down from these cameras stored in system of video surveillance, only to officials of customs authorities;
8.4. the weight equipment allowing to weigh different types of goods, including large-size and heavyweight goods. The departmental PTO located at railway stations, the republican PTO located at transfer railway stations in addition shall be equipped with the weight equipment for determination of weight of rail cars;
8.5. the handling means providing possibility of carrying out such works concerning large-size and heavyweight goods, except for PTO located at railway stations at which transactions on acceptance and departure of passenger trains are performed;
8.6. separate metering devices of the electric power, the heat energy, expenditure of water consumed in premises of customs authorities;
8.7. stage for carrying out customs control with canopy for protection against adverse weather conditions in case of absence of covered warehouses.
9. The republican PTO placed at check points through Frontier of the Republic of Belarus at railway stations and also the republican PTO placed at transfer railway stations in addition shall be equipped with stationary systems of radiation control.
10. The republican PTO placed at check points through Frontier of the Republic of Belarus at the airports in addition shall be equipped:
stationary systems of radiation control;
the systems of survey (examination) of baggage and hand luggage equipped with X-ray television and other special equipment, for check of passengers for the purpose of detection prohibited (limited to movement) goods, and also the goods which are subject to written declaring;
the systems of survey (examination) of persons equipped with the special equipment, for check of passengers and service personnel of vehicles for the purpose of detection prohibited (limited to movement) goods, and also the goods which are subject to written declaring;
ATM or self-service terminal.
The customs control zone for making of customs transactions and carrying out customs control of the republican PTO placed at the check point through Frontier of the Republic of Belarus at the airport in addition shall include the hall of making of customs transactions and the room for carrying out personal customs examination.
11. Reduction of elements of customs infrastructure:
11.1. PTO located at railway stations in compliance with the requirements specified in subitem 8.7 of Item 8 of this provision it is performed within eighteen months from the date of entry into force of this provision;
11.2. the republican PTO located at railway stations in compliance with the requirements specified Item in paragraph three 3, items 4 and 5, subitem 7. 1, paragraphs the fourth or ninth subitem 7.3 of Item 7, subitems 8.3 and 8.4 of Item 8 and Item 9 of this provision, it is performed in case of reconstruction of elements of customs infrastructure of such PTO;
11.3. the departmental PTO located at railway stations in compliance with the requirements specified:
in items 4 and 5, subitem 8.4 of Item 8 of this provision, it is performed in case of reconstruction of elements of customs infrastructure of such PTO;
Item in paragraph three 3, paragraphs the fourth or ninth subitem 7.3 of Item 7, subitem 8.3 of Item 8 of this provision, it is performed within one year from the date of entry into force of this provision.
Approved by the Resolution of Council of Ministers of the Republic of Belarus of June 20, 2019 No. 406
1. This Provision determines procedure for approval of customs authorities of decisions of administration of SEZ or the authorized person about determination of limits of STZ (further – the decision on determination of limits of STZ) and decisions of administration of SEZ or the authorized person on abolition of free customs zones (further – the decision on abolition of STZ).
2. For review the administration of SEZ or the authorized person send decisions on determination of limits of STZ by means of system of interdepartmental electronic document management of state bodies (further – SMDO) to customs in which region of activities there is person for whom STZ limits, the appeal of administration of SEZ or the authorized person about approval of the decision on determination of limits of STZ of appendix are determined:
2.1. decisions on determination of limits of STZ signed by the head of administration of SEZ or the head of the authorized person or them the authorized deputy;
2.2. the short description of the investment project signed by the head of administration of SEZ or the head of the authorized person or them the authorized deputy, containing information on person for whom STZ limits are determined (accounting number of the payer, the full and abbreviated name, the location, information on activities which are supposed to be performed within STZ data on the goods assumed to production (obtaining) according to the investment project and (or) the real estate objects planned to construction), – if limits of STZ are determined for resident of SEZ;
2.3. No. 791 is excluded according to the Resolution of Council of Ministers of the Republic of Belarus of 20.11.2023
2.4. the plans schemes approved by administration of SEZ or the authorized person, and also person for whom STZ limits are determined:
the general territory of SEZ with indication of its borders (vykopirovka from the general scheme of the territory) and the locations of person for which limits of STZ in which borders of the territory STZ limits are determined are determined;
floor and (or) other spaces of resident of SEZ with binding to the area with indication of the location of resident of SEZ and adjacent streets;
capital structures (buildings, constructions), complex of capital structures (buildings, constructions), the equipped territories (in case of their availability) which join in STZ limits, with designation of places of entrance and departure in STZ, specifying of total area of STZ, the areas of capital structures (buildings, constructions), complex of capital structures (buildings, constructions), the equipped territory (in case of its availability), their functional purpose – if limits of STZ join the whole capital structure (the building, construction), complex of capital structures (buildings, constructions);
parts of capital structures (buildings, constructions), the isolated rooms, their parts with indication of the floor, the equipped territories (in case of their availability) which join in STZ limits, with designation of places of entrance and departure in STZ, specifying of total area of STZ, the areas of each part of capital structures (buildings, constructions) everyone of the isolated room, each its part, the equipped territory (in case of its availability), their functional purpose – if limits of STZ join parts of capital structures (buildings, constructions), the isolated rooms, their parts;
the equipped territory with designation of places of entrance and departure in STZ, specifying of total area of STZ – if in the equipped territory included in STZ limits there are no capital structures (buildings, constructions), their parts, the isolated rooms, their parts;
specially allocated territory of capital structures (buildings, constructions), their parts, the isolated rooms, their parts with indication of total area of STZ – if limits of STZ join specially allocated territory of capital structures (buildings, constructions), their parts, the isolated rooms, their parts;
2.5. the consent of the owner of STZ in the territory of which STZ limits of such STZ for resident of SEZ are determined, in the form of the letter signed by the head of the owner of STZ – in case of approval of the decision on determination of limits of STZ for resident of SEZ in the territory of STZ determined for the owner of STZ;
2.6. in case of approval of the decision of administration of SEZ or the authorized person about determination for other owner of STZ of limits of the territory of STZ which structure includes the abolished STZ, before the expiration determined in part three of Item 10 of article 147 of the Law of the Republic of Belarus "About customs regulation in the Republic of Belarus" – confirmations by other owner of STZ in the form of the letter of absence in the abolished STZ of goods:
placed under customs procedure of free customs zone by the owner of the abolished STZ;
placed under customs procedure of free customs zone by other persons who can act as customs applicants of the goods placed under customs procedure of free customs zone;
made (received) of the goods specified in paragraphs second and third this subitem.
3. In case of impossibility of the direction by means of SMDO of the documents specified in subitem 2.4 of Item 2 this provision, such documents are submitted to customs in which region of activities there is person for whom STZ limits, on paper are determined.
In case of representation by means of SMDO of the documents specified in subitem 2.4 of Item 2 this provision who contain the illegible (distorted) data and (or) images customs can request submission of such paper documents. At the same time such documents can be presented in the form of the originals, notarially attested copies or copies certified by administration of SEZ or the authorized person.
4. If STZ, the decision on determination of which limits is approved, is port STZ, logistic STZ or territorial STZ, in the appeal of administration of SEZ or the authorized person about approval of the decision on determination of limits of STZ it shall be specified that such STZ is port STZ, logistic STZ or territorial STZ.
5. For review the administration of SEZ or the authorized person sends decisions on abolition of STZ by means of SMDO to customs in which region of activities there is owner of STZ, the appeal of administration of SEZ or the authorized person about approval of the decision on abolition of STZ of appendix of the decision on abolition of STZ signed by the head of administration of SEZ or the head of the authorized person or them the authorized deputy.
The address about approval of the decision on abolition of STZ shall contain information on the bases of abolition of such STZ if such bases are not specified in the decision of administration of SEZ or the authorized person on abolition of STZ.
6. By results of consideration of SEZ provided by administration or the authorized person of the address about approval of the decision on determination of limits of STZ or the decision on abolition of STZ by the chief of customs or his authorized deputy one of the following decisions is accepted:
about approval of the decision on determination of limits of STZ or the decision on abolition of STZ;
about leaving of the appeal of administration of SEZ or the authorized person without consideration;
about refusal in approval of the decision on determination of limits of STZ.
7. The decision on approval of the decision on determination of limits STZ or the decision on abolition of STZ is made within ten working days following behind day of registration in customs of the appeal of administration of SEZ or the authorized person about approval of the decision on determination of limits of STZ or the decision on abolition of STZ drawn up on the form of the letter of customs, signed by the chief of customs or his authorized deputy and goes administrations of SEZ or to the authorized person by means of SMDO.
In case of need submissions of documents according to Item part two 3 this provision the current of the term specified in part one of this Item stops from the date of registration by customs of SEZ sent to administration or the authorized person of request about need of submission of paper documents and renews from the date of receipt of such documents by customs.
8. The decision on leaving of the appeal of administration of SEZ or the authorized person without consideration is accepted if such address and documents attached to it are directed with violation of the requirements provided in Items 2-5 of this provision.
The decision on leaving of the appeal of administration of SEZ or the authorized person without consideration is accepted within five working days following behind day of registration in customs of the appeal of administration of SEZ or the authorized person about approval of the decision on determination of limits of STZ or the decision on abolition of STZ is signed by the chief of customs or his authorized deputy with indication of the reasons of adoption of such decision and goes administrations of SEZ or to the authorized person by means of SMDO.
9. The decision on refusal in approval of the decision on determination of limits of STZ is made in case:
availability in the abolished STZ included in structure of again determined STZ of other owner of STZ, goods specified in part three of Item 10 of article 147 of the Law of the Republic of Belarus "About customs regulation";
discrepancies of actually available capital structures (buildings, constructions), their parts, complex of capital structures (buildings, constructions), the isolated rooms, their parts and (or) the equipped territories (in case of their availability), and also STZ limits to the provided plans schemes.
The decision on refusal in approval of the decision on determination of limits of STZ is made within ten working days following behind day of registration in customs of the appeal of administration of SEZ or the authorized person about approval of the decision on determination of limits of STZ signed by the chief of customs or his authorized deputy with indication of causes of failure and goes administrations of SEZ or to the authorized person by means of SMDO.
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