RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of May 14, 2022 No. 307

About change of resolutions of Council of Ministers of the Republic of Belarus concerning customs regulation

In pursuance of paragraph two of article 3 of the Law of the Republic of Belarus of July 19, 2021 "About change of the Law of the Republic of Belarus "About customs regulation in the Republic of Belarus" and Item 3 of the Presidential decree of the Republic of Belarus of February 28, 2022 No. 73 "About change of presidential decrees of the Republic of Belarus" the Council of Ministers of the Republic of Belarus DECIDES: No. 121-Z

1. Make changes to resolutions of Council of Ministers of the Republic of Belarus according to appendix 1.

2. Recognize invalid resolutions of Council of Ministers of the Republic of Belarus according to appendix 2.

3. Determine that the documents confirming acceptance by customs authority of ensuring discharge of duty on payment of customs duties, taxes and registered by customs authorities before entry into force of this resolution can be used as the certificate on the provided providing before the expiration specified in such documents.

4. 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.

5. This resolution becomes effective since July 25, 2022.

Appendix 1

to the Resolution of Council of Ministers of the Republic of Belarus of May 14, 2022 No. 307

The list of the changes made to resolutions of Council of Ministers of the Republic of Belarus

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":

1.1. to state the name of the resolution in the following edition:

"About customs control zones";

1.2. to state preamble and Item 1 in the following edition:

"Based on part two of Item 1 and Item 3 of Article 147, No. 129-Z "About customs regulation in the Republic of Belarus" the Council of Ministers of the Republic of Belarus DECIDES: parts two of Item 3 of article 212 of the Law of the Republic of Belarus of January 10, 2014

1. Approve Regulations on procedure for creation, termination of functioning (liquidation) and designation of customs control zones, requirements to them, and also legal regime of the customs control zone it (is applied).";

1.3. 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:

to state the name of the Provision in the following edition:

"Regulations on procedure for creation, termination of functioning (liquidation) and designation of customs control zones, requirements to them, and also legal regime of the customs control zone";

state Item 1 in the following edition:

"1. This Provision determines procedure for creation, termination of functioning (liquidation) and designation of customs control zones, requirements to them, and also legal regime of the customs control zone.";

exclude Item 6;

to state the name of Chapter 2 in the following edition:

"Chapter 2. Procedure for creation, termination of functioning (liquidation) of customs control zones, requirements to them";

in the paragraph the second Item part one 8, the paragraph third Item part three 10, parts two and third Item 12, of Item part two 16, of part three of Item 25 of the word "Item of import and export" shall be replaced with words "republican Item of customs clearance" in the corresponding case and number;

add the Provision with Items 19-19-2 of the following content:

"19. The permanent customs control zone stops the functioning (is liquidated) in case:

abolition of republican Item of customs clearance;

exceptions of the warehouse keeper of temporary storage, the owner of customs warehouse, the owner of free warehouse, the owner of duty-free shop respectively from the register of owners of warehouses of temporary storage, the register of owners of customs warehouses, the register of owners of free warehouses, the register of owners of duty-free shops.

The permanent customs control zone stops the functioning (is liquidated):

in the case specified in the paragraph the second to part one of this Item – the legal entity responsible for content of republican Item of customs clearance;

in case, the specified in paragraph three of part one of this Item, – the legal entity excluded from the register of owners of warehouses of temporary storage, the register of owners of customs warehouses, the register of owners of free warehouses, the register of owners of duty-free shops.

19-1. The temporary customs control zone stops the functioning (is liquidated):

in case of the expiration on which it was created;

based on the decision of the chief of the customs authority or person replacing it.

The decision of the chief of the customs authority or person replacing it on the termination of functioning (liquidation) of the temporary customs control zone is accepted in case:

goal achievements for which the temporary customs control zone was created;

non-compliance with the measures specified in paragraph six of part one of Item 13 of this provision;

lack of the means used for designation of the customs control zone, specified in the order on creation of the temporary customs control zone.

In case of the expiration on which the temporary customs control zone was created such customs control zone stops functioning (is liquidated) from the date of, the expired term following behind the last day. At the same time the publication of the order of the chief of the customs authority or person replacing it about the termination of functioning (liquidation) of the temporary customs control zone is not required.

19-2. The termination of functioning (liquidation) of the permanent customs control zone created in the republican Item of customs clearance located at the check point through Frontier of the Republic of Belarus is drawn up by the order of the chief of the customs authority or person replacing it which is approved with territorial authorities of the border service.";

in Item 20:

to exclude from part one of the word "to this Provision";

in word part three "Items of import and (or) export" shall be replaced with words "Items of customs clearance";

in signature stamps of appendices 1 and 2 to this Provision of the word "and designations of customs control zones and" shall be replaced with words ", the terminations of functioning (liquidation) and designation of customs control zones, requirements to them, and also".

2. In the resolution of Council of Ministers of the Republic of Belarus of February 29, 2008 No. 308 "About compulsory national insurance":

2.1. state preamble in the following edition:

"Based on Item 9 of article 66 of the Law of the Republic of Belarus of May 8, 2007 No. 220-Z "About prosecutor's office of the Republic of Belarus", parts nine of article 40 of the Law of the Republic of Belarus of July 17, 2007 No. 263-Z "About law-enforcement bodies of the Republic of Belarus", article 29 of the Law of the Republic of Belarus of July 16, 2008 No. 414-Z "About bodies of financial investigations of the State Control Committee of the Republic of Belarus", parts nine of article 31 of the Law of the Republic of Belarus of July 16, 2009 No. 45-Z "About bodies and divisions for emergency situations of the Republic of Belarus", parts nine of article 22 of the Law of the Republic of Belarus of July 1, 2010 No. 142-Z "About the State Control Committee of the Republic of Belarus and its territorial authorities", parts nine of article 29 of the Law of the Republic of Belarus of July 13, 2012 No. 403-Z "About the Investigative Committee of the Republic of Belarus", Item 10 of article 245 of the Law of the Republic of Belarus of January 10, 2014 No. 129-Z "About customs regulation in the Republic of Belarus", parts nine of article 29 of the Law of the Republic of Belarus of July 15, 2015 No. 293-Z "About the State committee of judicial examinations of the Republic of Belarus", Items 1 and 9 of article 109 of the Tax Code of the Republic of Belarus the Council of Ministers of the Republic of Belarus DECIDES:";

2.2. in Regulations on the compulsory national insurance approved by this resolution:

in Item 1:

after the word to "appendix" to add Item with words ", officials of customs authorities";

the word of "relatives" shall be replaced with words "relatives (members of their families)";

in Item 2:

add paragraph two with words ", the State Customs Committee";

the fourth to add the paragraph with words ", officials of customs authorities";

in Item 3:

subitem 3 paragraph two. Paragraph two of subitem 3.2 and paragraph two of subitem 3.3 after words of "office activities" to add 1, with words "(execution of service duties)";

in subitem 3.4:

after the words "and (or) to his relatives" to add the subitem with words "(to members of his family)";

after words of "office activities" to add the subitem with words "(execution of service duties)";

add the subitem with words ", officials of customs authorities and (or) to members of their families";

add item 4 with the paragraph of the following content:

"officials of customs authorities and (or) to their beneficiaries according to article 245 of the Law of the Republic of Belarus "About customs regulation in the Republic of Belarus.";

to add Item 5 after the word of "relatives" with words "(family members";

in Item 7:

add Item with subitem 7.1-1 of the following content:

"7.1-1. for officials of customs authorities proceeding from:

the size of official pay rate, salary on personal rank and the length-of-service allowances established according to the legislation on the date of loss occurrence;

the basic size established on the date of loss occurrence;";

in subitem 7.2:

the second after words" (cash allowance)" to add part with words ", for officials of customs authorities – proceeding from the size of official pay rate, salary on personal rank and length-of-service allowances";

in part three:

after the word to "relatives" to add part with words "(to members of his family)";

after words of "office activities" to add part with words "(execution of service duties)";

in Item 8:

the second to state part in the following edition:

"Establishment of group and the reason of disability, date of approach and term of disability is made by medico-rehabilitation commissions of experts.";

from word part three", the medical and consulting commissions, medico-rehabilitation commissions of experts" to exclude;

the second Item 9 after the word of "relatives" to add part with words of "(family members)";

in Item 10:

paragraph two after the word of "prosecutor's office" to add with words of "customs authorities";

the third and fourth after words" (cash allowance)" to add paragraphs with words ", for officials of customs authorities – about the size of official pay rate, salary on personal rank and length-of-service allowances)";

in paragraphs five and pole:

shall be replaced with words words of "medical documentation" "medical documents";

words", the medical and consulting commissions" to exclude;

to state the paragraph of the seventh in the following edition:

"the conclusion (copy) or the statement from medical documents of medico-rehabilitation commission of experts on group and the reason of disability, date of approach and term of disability – in case of establishment to insured person of disability;";

to "relatives" to add Item 15 after the word with words "(to members of his family)".

3. In the resolution of Council of Ministers of the Republic of Belarus of April 10, 2008 No. 546 "About payment of monetary compensation instead of issue of dress code to officials of customs authorities":

3.1. state preamble in the following edition:

"Based on part two of item 4 of article 244 of the Law of the Republic of Belarus of January 10, 2014 "About customs regulation in the Republic of Belarus" the Council of Ministers of the Republic of Belarus DECIDES: No. 129-Z";

3.2. third subitem 1.2 of Item 1 to state the paragraph in the following edition:

"the act of suitability of earlier issued dress code objects to use for the intended purpose (further – the act) signed by the head of the structural unit of customs authority in which the official, and members of the commission, created by the head of customs authority serves;".

4. In the resolution of Council of Ministers of the Republic of Belarus of April 23, 2009 No. 526 "About procedure for delay of departure of vehicles before completion of the procedures boundary and other types of control and entering of amendments into resolutions of Council of Ministers of the Republic of Belarus of September 21, 2001 No. 1398 and of December 31, 2002 No. 1857":

4.1. to state the name of the resolution in the following edition:

"About procedure for delay of departure of vehicles before completion of the procedures boundary and other types of control";

4.2. state preamble in the following edition:

"Based on the paragraph of the ninth of part one of article 18 of the Law of the Republic of Belarus of November 11, 2008 No. 454-Z "About bodies of the border service of the Republic of Belarus", the paragraph of the twentieth of article 240 of the Law of the Republic of Belarus of January 10, 2014 "About customs regulation in the Republic of Belarus" the Council of Ministers of the Republic of Belarus DECIDES: No. 129-Z";

4.3. in Item 1:

to exclude from paragraph one of the word "officials of bodies of the border service";

the paragraph one of subitem 1.1 before the word "has the right" to add with the words "officials of bodies of the border service";

subitem 1.2 before the word is "informed" to add with the words "officials of bodies of the border service";

add Item with subitem 1.2-1 of the following content:

"1.2-1. officials of customs authorities:

departure of the rail vehicle before completion of the procedures boundary and other types of control in the cases specified in paragraphs second and third subitem 1.1 of this Item has the right to detain;

inform persons specified in subitem 1.2 of this Item, on delay of departure of the rail vehicle before completion of the procedures boundary and other types of control according to the procedure, determined in subitem 1.2 of this Item;";

to add subitem 1.3 before the words "upon" with the words "officials of bodies of the border service, customs authorities";

4.4. in appendix to this resolution:

the word of "eighth" and "2008" about bodies of the border service of the Republic of Belarus" to replace respectively with words of "ninth" and "2008 No. 454-Z "About bodies of the border service of the Republic of Belarus", the paragraph of the twentieth of article 240 of the Law of the Republic of Belarus of January 10, 2014 No. 129-Z "About customs regulation in the Republic of Belarus";

after words of "bodies of the border service" to add appendix with words ", customs authorities".

5. In the resolution of Council of Ministers of the Republic of Belarus of October 13, 2011 No. 1373 "About goods placement under customs procedures of conversion on customs area, conversions for internal consumption, outward processing":

5.1. state preamble in the following edition:

"Based on Item 2 of Article 124, of Item 2 of Article 126, of Items 1 and 2 of Article 127, 129, of Item 2 of Article 132, of Item 2 of Article 134, of Items 1 and 2 of Article 135, of Item 3 of Article 136, of Item 2 of Article 138, of Item 2 of Article 139, of Item 2 of Article 141, of Items 1 and 2 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 Council of Ministers of the Republic of Belarus DECIDES: Articles";

5.2. to exclude from subitem 3.1 of Item 3 of the word "to this resolution";

5.3. in Regulations on the goods placement under customs procedures of conversion on customs area, conversions for internal consumption, outward processing approved by this resolution:

Item 1 paragraph two after the word of "response" to add with words "(cancellations) and (or) renewals of action";

in Item 12:

to exclude from subitem 12.5 of the word "and waste";

add Item with subitem 12.5-1 of the following content:

"12.5-1. about the name and the number of waste;";

in part one of Item 16 of the word "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" shall be replaced with words "to which customs procedure of outward processing, the Boards of the Eurasian economic commission approved by the Decision of December 11, 2018 is not applied No. 203";

add the Provision with Items 17-1-17-3 of the following content:

"17-1. In case of recognition illegal decisions of customs on withdrawal of the document on conditions of conversion of goods action of the document on conditions of conversion of goods is resumed from the effective date decisions on recognition illegal decisions of customs on withdrawal of the document on conditions of conversion of goods.

The decision on renewal of action of documents on conditions of conversion of goods cannot be made after the term of conversion of goods established in Item 3 of Article 168, Item 3 of Article 181 and Item 3 of article 193 of shopping Mall EEU.

The decision on renewal of action 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 information on the bases of renewal of action of the document on conditions of conversion of goods and date of its renewal.

17-2. The document on conditions of conversion of goods out of customs area is cancelled by customs if the goods for conversion specified in such document on date of issue of this document were included in the inventory to which customs procedure of outward processing is not applied.

The document on conditions of conversion of goods out of customs area is cancelled from the date of its issue.

The decision on cancellation of the document on conditions of conversion of goods out of customs area 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 cancellation of the document and date of its cancellation.

17-3. In case of cancellation of the document on conditions of conversion of goods out of customs area goods placement under customs procedure of outward processing, and also import to customs area of the Eurasian Economic Union in product quality of conversion of the goods specified in the cancelled document on conditions of conversion of goods out of customs area is not allowed. Concerning the goods placed in product quality of conversion under customs procedure of release for internal consumption are subject to payment of the amount of import customs duties, taxes, the special, anti-dumping, compensatory duties in full proceeding from quantity or customs value of such goods.";

to exclude from the paragraph of the fourth subitem 21.4 of Item 21 of the word "and waste";

in Item 41:

to exclude from subitem 41.9 of the word "and waste";

add Item with subitem 41.9-1 of the following content:

"41.9-1. about the name and the number of waste;";

state subitem 41.11 in the following edition:

"41.11. about the term of conversion of goods;";

in Item 48:

in paragraph five to replace figure "6" with figure "5";

in paragraph six to replace figure "7" with figure "6";

in paragraph seven to replace figure "8" with figure "7";

in appendix 2 to this Provision:

state Item 6 in the following edition:

"6. Data on waste:

№ payment order	Description of goods	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
6.1					goods No. 2.1
6.2					goods No. 2.2
…					goods No.";

add appendix with Item 11 of the following content:

"11. It is impossible to recover conversion products to initial condition economic sposobom3:

yes		no

______________________________

3 It is filled for customs procedure of conversion for internal consumption.";

in appendix 3 to this Provision:

state Item 6 in the following edition:

"6. Data about otkhodakh1:

№ payment order	Description of goods	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
6.1					goods No. 2.1
6.2					goods No. 2.2
…					goods No.";

add appendix with Item 12-1 of the following content:

"12-1. It is impossible to recover conversion products to initial condition economic sposobom5:

yes		no

______________________________

5 It is filled for customs procedure of conversion for internal consumption.".

6. In the resolution of Council of Ministers of the Republic of Belarus of October 14, 2011 No. 1374 "About the detained goods and ensuring discharge of duty on payment of customs duties, taxes, the special, anti-dumping, compensatory duties":

6.1. state preamble in the following edition:

"Based on Item 2 of Article 46, of Item 5 of Article 51, of Item 5 of Article 52, of Item 2 of Article 53, 1, of Items 2 and 3 of Article 54, of Item 9 of Article 190, of Item 3 of Article 285, Articles 286, of Item 3 of article 288 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: Item parts two";

6.2. in Item 1:

state paragraph two in the following edition:

"The regulations on the goods detained by customs authorities (are applied);";

add Item with paragraphs of the following content:

"The regulations on application of general ensuring discharge of duty on payment of customs duties, taxes, the special, anti-dumping, compensatory duties (are applied);

The regulations on procedure for use of the certificate on the provided providing (are applied);

The regulations on procedure for filling of calculation of the amount of ensuring discharge of duty for payment of customs duties, taxes concerning goods for private use (are applied).";

6.3. in Item 2:

" (further – providing)" to exclude from paragraph one of part one of subitem 2.1 of the word;

state subitem 2.3 in the following edition:

"2.3. if in case of determination of the amount of ensuring discharge of duty or ensuring discharge of duty on payment of the special, anti-dumping, compensatory duties it is impossible to determine by payment of customs duties, taxes precisely the amount of the customs duties which are subject to payment, taxes, the special, anti-dumping, compensatory duties in connection with non-presentation in customs authority of exact data on the goods placed under customs procedure of customs transit, calculation of the amount of such providing is made proceeding from:

the largest size of rates of the import customs duties established concerning goods proceeding from their classification code according to the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union at the level of the first six signs if the customs applicant does not declare classification code with large number of signs;

the largest size of rates of taxes which are established in state members of the Eurasian Economic Union;

the goods weight gross specified in the transit declaration if concerning such goods the specific rate of import customs duty determined for unit of measure of leviable goods in kind is established.";

6.4. state Item 3 in the following edition:

"3. Determine:

the list of separate types of goods concerning which the fixed amount of ensuring discharge of duty on payment of customs duties, taxes, according to appendix 1 is established;

form of calculation of the amount of ensuring discharge of duty for payment of customs duties, taxes concerning goods for private use according to appendix 2.";

6.5. in appendix to this resolution:

in appendix signature stamp the word "Appendix" shall be replaced with words "Appendix 1";

to state the name of appendix in the following edition:

"The list of separate types of goods concerning which the fixed amount of ensuring discharge of duty on payment of customs duties, taxes is established";

add appendix with item 4 of the following content:

"4. The fixed amount of ensuring discharge of duty on payment of customs duties, taxes applied in case of release of goods for private use according to customs procedure of customs transit
4.1. motorcycles (including mopeds) and bicycles with the established auxiliary engine, with carriages or without them, carriages which customs value does not exceed 2000 euros	8711	200 euros apiece";

6.6. add the resolution with appendix 2 it (is applied);

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