ORDER OF THE STATE CUSTOMS COMMITTEE OF THE REPUBLIC OF BELARUS

of July 29, 1998 No. 277-OD

About approval of regulations on pledge as method of providing customs payment

For the purpose of realization of provisions of the Customs code of the Republic of Belarus I ORDER:

1. Approve Regulations on pledge as method of providing customs payment.

2. To chiefs of customs to bring contents of this order to staff.

3. To provide to legal department (P.S.Mytko) the publication of the Provision in mass media.

4. The provision approved by this order is subject to entering into the Register of state registration and becomes effective after thirty days after publication.

5. To impose control of execution of this order on the vice-chairman of Committee Goshin V. A.

 

Approved by the Order of the State Customs Committee of the Republic of Belarus of July 29, 1998 No. 277-OD

Regulations on pledge as method of providing customs payment

1. General provisions about use of pledge by customs authorities

1.1. According to Article 122 of the Customs code of the Republic of Belarus pledge is one of methods of providing customs payment and is applied:

- as condition of establishment of the customs regimes requiring provision of providing customs payment;

- in transit the goods and vehicles which are under customs control;

- by provision of delay or payment by installments of customs payment;

- in other cases established by the customs legislation.

1.2. Any personal estate, including currency of the Republic of Belarus, currency values, and also vehicles which is not withdrawn from civil circulation, and also the direction of collection on which and which pledge are not prohibited by the legislation of the Republic of Belarus, can be pledge subject for providing customs payment.

The property constituting common property can be pledge subject only on condition of the consent of all owners.

The list of the state companies, organizations and state-owned property which cannot be pledge subject, is approved by the Presidential decree of the Republic of Belarus of 16.07.97 N 389.

1.3. Customs authorities do not apply the following types of pledge:

- mortgage, i.e. pledge of the earth and the real estate (the companies, buildings, constructions and other objects) which is directly connected with the earth;

- pledge of goods in goods turnover, except for the case stipulated in Item 1.4.;

- pledge of securities;

- pledge is right.

1.4. Customs authorities apply the following types of pledge:

- pledge in case of which the subject of pledge remains at the pledger;

- pledge;

- pledge of goods in goods turnover, only in case when subject of pledge are the goods placed under customs regimes of conversion.

1.5. In case of application of the specified pledge types, customs authorities do not accept the following property as pledge subject:

- electric, thermal and other types of energy;

- apartments, including in the apartment house;

- the capital processing equipment of the companies, associations, the organizations fixed to them on the right of complete economic maintaining;

- the property which is already pledged for providing other obligation or the property encumbered with other prior obligations for benefit of the third parties;

- the goods and vehicles prohibited to import to the Republic of Belarus, to export from the Republic of Belarus;

- the property which is outside the Republic of Belarus;

- perishable goods;

- goods and vehicles which realization is prohibited or limited in the territory of the Republic of Belarus;

- objects, constant control behind the location and with which use the customs authority cannot provide.

1.6. As pledge subject customs authorities accept mainly the goods and vehicles moved through customs border of the Republic of Belarus.

1.7. Replacement of subject of pledge is allowed only with the consent of customs authority.

1.8. Acceptance as subject of pledge of civil air and river crafts is allowed in exceptional cases when there are no other opportunities of ensuring accomplishment of obligations to customs authorities, and only in coordination with the State Customs Committee.

1.9. The goods and vehicles which are subject to certification or control of state bodies moved through customs border of the Republic of Belarus can be pledge subject only on condition of the availability of the certificate and other allowing documents confirming passing veterinary, phytosanitary and other types of the state control.

1.10. Goods and vehicles which free (market) price is not lower than set of the payable amounts can serve as subject of the pledge providing customs payment:

- customs duty, the value added tax, excise, other taxes which collection is assigned to customs authorities;

- customs duties for customs clearance;

- maximum amounts of customs duties for customs escort of goods (if such maintenance took or takes place);

- percent in the amount of discount rate of National Bank of the Republic of Belarus (if interest payment takes place);

- 30 percent of cost of subject of pledge on covering of possible costs for content of subject of pledge and expenses in connection with the subsequent realization.

Control of compliance of calculation of the payable payments to the free (market) price of subject of pledge is exercised by department of excise goods and financial payments or department of customs payments of customs authority.

1.11. As pledgers physical persons and legal entities, residents and nonresidents of the Republic of Belarus can address customs authorities.

Person to whom the subject of pledge belongs on the property right or complete economic maintaining can be the pledger in case of pledge of property.

The legal entity to whom the property is assigned on the right of operational management cannot perform pledge of this property.

1.12. The pledger has no right to dispose of pledge subject without the consent of customs authority.

2. General provisions about the pledge agreement

2.1. The pledge agreement is signed in writing.

2.2. In the pledge agreement the name, the location (residence) of the parties, pledge type, being of the requirement provided with pledge, its size, terms of accomplishment of obligations, structure, cost, the location of pledged property, and also any other conditions concerning which according to the statement of one of the parties in this agreement consent shall be reached is specified.

2.3. The pledge agreement of the property which is subject to registration shall be registered in the body performing the corresponding registration of this property according to the enclosed list of property which is pledge subject and the bodies performing registration of pledge agreements of property (Appendix 3).

In this case the pledge agreement is considered the prisoner from the moment of its registration. Registration of the agreement of pledge is provided by the pledger at own expense. The pledger submits to customs authority the document on registration. The customs authority can request from the body which registered the agreement of pledge, the statement from the register of pledged property.

2.4. The customs authority keeps the register of the signed pledge agreements according to Appendix 4.

2.5. On behalf of customs authority the pledge agreement is signed by the chief of customs authority or the deputy having the right of the first signature and also the head of department of financial accounting and control or its deputy according to the rules established for signing of financial records.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info