of April 22, 2024 No. 366-Z
About change of the Law of the Republic of Belarus "About customs regulation in the Republic of Belarus"
Accepted by the House of Representatives on March 21, 2024
Approved by Council of the Republic on April 10, 2024
Article 1. Bring in the Law of the Republic of Belarus of January 10, 2014 No. 129-Z "About customs regulation in the Republic of Belarus" the following changes:
1. State Article 1 in the following edition:
"Article 1. Customs regulation in the Republic of Belarus
The government of the Republic of Belarus provides carrying out the state customs policy.
The republican state body realizing the state customs policy and performing direct management of customs affairs is the State Customs Committee.
The State Customs Committee provides accomplishment of tasks in the field of customs affairs and uniformity of application of the international treaties of the Republic of Belarus, other international treaties and acts constituting the right of the Eurasian Economic Union regulating customs legal relationship (further if other is not established, - EEU), and legislations on customs regulation by all customs authorities in the territory of the Republic of Belarus.
2. The Republic of Belarus participates in international cooperation in the field of customs regulation for the purpose of harmonization and standardization of the legislation on customs regulation with rules of international law and the commonly accepted international practice.".
2. Add Article 2 with Item 5 of the following content:
"5. All unremovable doubts, contradictions and ambiguities in acts of the legislation on customs regulation are interpreted for benefit of the customs applicant and other interested persons.".
3. In part one of Item 2 of Article 9:
in paragraph three of the word "or other cult actions" shall be replaced with words ", rituals, cults, ceremonies";
"(repair)" to exclude the word from the paragraph of the fifth.
4. To add Item 3 of article 10 after the words "except for" with words "cases of transportation of goods by rail, and also".
to exclude subitem 3.2 of Item 3;
in item 4 of the word "fifteen calendar" shall be replaced with words "ten workers".
in Item 1 of the word "thirty calendar" shall be replaced with words "fifteen workers";
in item 4 to replace the word of "seven" with the word of "five".
7. In paragraph ten of Article 22 of the word "number secondary raw materials" shall be replaced with words "number secondary material resources".
8. Add Article 27 with Item 1-1 of the following content:
"1-1. Provisional solutions concerning application of methods of determination of customs value of imported goods are made by the customs authorities determined by the State Customs Committee.
The procedure and conditions of issue of provisional solutions concerning application of methods of determination of customs value of imported goods, and also procedure and terms of application of such provisional solutions are established by the Government of the Republic of Belarus.".
9. To state subitem 5.7 of Item 5 of Article 30 in the following edition:
"5.7. the control (identification) signs imported on customs area of EEU or exported from customs area of EEU, the unified control signs, signs of protection, means of identification used for marking of the goods which are subject to marking by means of identification, the protected material carriers and excise stamps;".
10. To state Item 2 of Article 32 in the following edition:
"2. Privileges on payment of import customs duties (tariff privileges) are established according to the Agreement on the Eurasian Economic Union of May 29, 2014 (further - the Agreement on EEU).
Before establishment by the act regulating customs legal relationship constituting the right of EEU, procedure for application of exemption of import customs duties the specified privilege on payment of import customs duties (tariff privilege) it can be applied according to the procedure, established by the laws, acts of the President of the Republic of Belarus, resolutions of Council of Ministers of the Republic of Belarus.".
11. In Item 5 of Article 37:
in part one:
the paragraph one to add with the words "in the following terms";
in the paragraph the second "the payer to" shall be replaced with words words "the payer - to";
word in paragraph three "payments, to" shall be replaced with words "payments, - to";
the second to state part in the following edition:
"Provisions of part one of this Item are applied on condition of payment in the terms established by part one of this Item, the amounts of customs payments, customs duties, the taxes levied at the single rates, customs duties, taxes levied in the form of cumulative customs payment, estimated in one of the customs papers specified in Item 3 of Article 52 of the Customs code of EEU, Item 10 of article 190 of this Law on which the paid penalty fee is added.".
12. In Article 39:
1, "import" to exclude the 4 and 5 word from Items;
to exclude from Item 2 of the word of "export customs duties";
add Article with Item 7 of the following content:
"7. Conditions of provision of delay or payment by installments of payment of export customs duties, payment due dates of such duties in case of provision of delay or payment by installments, terms and the bases for provision of delay or payment by installments of payment of export customs duties, and also the inventory concerning which delay or payment by installments of payment of export customs duties can be granted are established by the Government of the Republic of Belarus.".
13. To add Item 5 of Article 41 with words ", except as specified, established by subitem 3.41 of Item 3 of article 42 of this Law or established by the President of the Republic of Belarus".
14. In Article 42:
add Item 3 with subitem 3.4-1 of the following content:
"3.4-1. import to customs area of EEU of the goods classified according to the Commodity nomenclature of foreign economic activity in goods items of the 7309th 00, by the 7311th 00, 8402-8408, 8410-8431, 8433-8443, 8444 00, 8445-8448, 8449 00 000 0, 8450-8466, 8468, 8471-8475, 8477-8481, 8483-8487, 8501, of 8502, 8503rd 00, 8504-8508, 8514-8517, 8523, of 8524, 8528-8531, 8535-8537, 8541, of 8543, of 8545, of 8603, 8604 00 000 0, 8605 00 000, 8608 00 000, 9010-9013, 9015, the 9016th 00, 9022, 9023rd 00, 9024, 9026, 9027, 9030-9032, to which is applied rate of import customs duty zero (0) percent;";
in part one of Item 5 of the word "Items 3 and 4" shall be replaced with words "subitems 3.1-3.4 and 3.5 of Item 3 and item 4".
15. In paragraph three of Article 43 and subitem 2.2 of Item 2 of Article 351 of the word "about economic insolvency (bankruptcy)" shall be replaced with words "about insolvency or bankruptcy".
16. In Article 44:
in item 4 of the word "Items 3 and 4" shall be replaced with words "subitems 3.1-3.4 and 3.5 of Item 3 and item 4";
to add Item 10 after the words "according to" with words "subitem 3.41 of Item 3 of article 42 of this Law,".
17. To state part one of Item 2 of Article 45 in the following edition:
"2. Customs payment, percent, is made by penalty fee via bank transfer and (or) cash, including by means of payment system in single settlement and information space, the payment system providing implementation of transactions with electronic money.".
18. To state subitem 2.4 of Item 2 of Article 47 in the following edition:
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