DECISION OF ECONOMIC COUNCIL OF COMMONWEALTH OF INDEPENDENT STATES

of September 11, 2009

About the Overview of trade policy of the Republic of Belarus

The economic council of the Commonwealth of Independent States solved:

1. Take into consideration the Overview of trade policy of the Republic of Belarus (is attached).

2. Send the provided Overview to the governments of the states - members of the CIS for informing the interested ministries and departments.

3. Charge to Executive committee of the CIS to place in a month the specified Overview on the website of Executive committee of the CIS on the Internet.

The overview of trade policy of the Republic of Belarus is constituted according to the Procedure for carrying out reviews of trade policy of the State Parties of the CIS approved by the Decision of Economic council of the Commonwealth of Independent States of March 15, 2002.

The overview is introduced by Executive committee of the CIS on the basis of the national report provided by the Ministry of Trade of the Republic of Belarus (the letter of the deputy minister of trade of the Republic of Belarus O. A. Yakubovich No. 11-07/1102 of 14:05. 09).

The purpose of reviews of trade policy is achievement by the states - members of the CIS of transparency of trade policy, assistance to observance of the rules, regulations and obligations fixed in international treaties and ’documents concerning forming and effective functioning of the free trade area and also regular carrying out objective assessment of the main indicators of trade policy and practice of the State Parties of the CIS, their influence on development of mutual trade.

1. MODE OF TRADE POLICY

1.1. INSTITUTIONAL FRAMEWORK

Institutional framework acts as one of factors creating the internal platform for cooperation with foreign countries which adaptedness to world conditions in many respects determines efficiency of trade and economic relations.

Concepts of institutional transformations and development of market infrastructure are determined in the Main directions of social and economic development of the Republic of Belarus for 2006-2015 approved by the resolution of Council of Ministers of the Republic of Belarus of November 4, 2006 No. 1475 "About approval of the Main directions of social and economic development of the Republic of Belarus for 2006-2015" and the National strategy of sustainable social and economic development of the Republic of Belarus for the period till 2020 approved by the National commission on sustainable development of the Republic of Belarus (the protocol of May 6, 2004 No. 11/15) and Presidium of Council of Ministers of the Republic of Belarus (the protocol of June 22, 2004 No. 25).

Strategic objective of institutional transformations in the Republic of Belarus is creation of system of the institutes necessary for formation and development of the market economy allowing to solve problems of increase in level of living of people, upgrades of national economy, ensuring national security.

1.2. PURPOSES OF TRADE POLICY

Today trade policy of the Republic of Belarus with other countries is based taking into account requirements of integration of economy of the state in world trade system, accession to WTO, priority development of the export sector. The foreign trade actions are directed to accomplishment of the following tasks: - liberalization of foreign trade;

- strict accomplishment of obligations assumed by the Republic of Belarus according to international treaties;

- ensuring economic safety of the state;

- protection of interests of the national market against adverse effect of foreign competition;

- equality of all participants of foreign trade activity and their nondiscrimination;

- exception of unjustifiable interference of state bodies in foreign trade activity of subjects of managing;

- priority of economic measures in state regulation of foreign trade activity that assumes application of generally customs tariff, but not other measures of regulation of foreign trade.

For the purpose of accomplishment of objectives by the government of the Republic of Belarus measures on system basis are taken.

So, the resolution of Council of Ministers of the Republic of Belarus No. 1081 of September 30, 2005 approves the National development program of export for 2006-2010 (further - the Program). The actions stated in the Program are aimed at providing increase in competitiveness of export goods and services of the Republic of Belarus, growth of export volumes, increases in its efficiency.

During program implementation it is provided:

- increase export volumes of goods and services of the Republic of Belarus in the sizes pledged in the Program of social and economic development of the Republic of Belarus for 2006-2010;

- increase efficiency of export due to increase in quality and technological level of the exported products;

- increase in export products share with high value added, high-technology and knowledge-intensive products, services;

- expand geographical structure of export, master the new markets in the countries out of the CIS;

- enhance mechanisms of interrelation of export and import for the purpose of optimization of the foreign trade balance;

- create system of scientific and information maintenance of export;

In system of institutional transformations reforming of the relations of property has key nature. Main goal of reforming of the relations of property is forming of multistructure socially oriented economy of market type, creation of steady premises for the economic growth and increase in overall performance of the national economy by means of development of private initiative and entrepreneurship, stimulation of investment processes.

For the next period (till 2010) the main objectives are further enhancement legislative and regulatory framework, working off of mechanisms of different forms of transformations, effective use of possessory supervision, enhancement of assessment and accounting of state-owned property; every possible stimulation of investment activity. Further development of market infrastructure till 2015 will be promoted: - enhancement of the financial services rendered by non-bank institutional investors (trust, insurance companies);

- development of the specialized non-bank credit and financial institutes promoting accumulating and redistribution of the capitals (institute of credit cooperation);

- forming and activation of development of system of the financial markets and institutes, including banking sector and network of the non-bank financial organizations (funds of the venture (risk) capital, factoring and insurance companies);

- development of the future and option markets as new step of enhancement of exchange movement;

- creation of the stock exchange market of real goods as bases for stable functioning of the futures market.

Now the mechanism of integration of the companies of the Republic of Belarus into system of the international labor division occurs at the level low - and srednetekhnologichny goods and services. Joint exit with the states - members of the CIS on the markets of the third countries is performed mainly in the form of products of fuel and energy complex, metallurgy, chemistry and petrochemistry, military industrial complex and transport services. In the conditions of globalization of economies enlargement of domestic business, creation of the powerful large national and joint businesses, multinational corporations and alliances having big financial resources, goods and services, issuing and diversifying release competitive in the foreign markets, is important.

- provide effective functioning of system of the state support of exporters compatible to the rules of the WTO concerning the fair competition. The program implementation will allow: - provide priority development of service industry;

- increase share of innovative export in structure of commodity export;

- keep strategic priority in development of export with Russia; - increase export due to expansion of deliveries of goods and services by the markets of foreign countries;

- achieve positive effect in the field of improvement of access to the export markets of goods and services after the entry of the Republic of Belarus into the WTO;

- provide insurance protection of the export organizations;

- create complex incentive system of export by forming of the effective mechanism of financing of export transactions;

- provide further development of goods distribution network of the export organizations;

- implement international standards in production;

- pass to use of the exchange biddings in case of realization for export of domestic goods.

Basis of accomplishment of objectives are determination of strategy and priorities of development of the external economic relations, carrying out institutional changes on ensuring recognition of the Republic of Belarus by the world community with the country with market economy, updating and upgrade of fixed assets, growth of investments into fixed capital via the mechanism of implementation of investment export-oriented projects, enhancement of technologies, decrease materialo-and power consumption.

Practical accomplishment of the Program is provided with development and implementation of annual plans of the relevant activities.

1.3. REGULATORY FRAMEWORK

The main regulatory legal acts concerning customs regulation and to other questions entering competence of customs authorities of the Republic of Belarus including concerning transit, are:

1. The decree of the President of the Republic of Belarus of April 18, 2003 No. 14 "About establishment of tariff preferences";

2. The presidential decree of the Republic of Belarus of May 4, 2005 No. 211 "About features of legal regulation of customs regime of temporary import of goods";

3. The presidential decree of the Republic of Belarus of June 9, 2005 No. 262 "About some questions of activities of free economic zones in the territory of the Republic of Belarus";

4. The presidential decree of the Republic of Belarus of November 24, 2005 No. 545 "About approval of the Regulations on free warehouses";

5. The presidential decree of the Republic of Belarus of January 31, 2006 No. 66 "About approval of the Regulations on the free customs zones created in the territories of free economic zones";

6. The presidential decree of the Republic of Belarus of July 31, 2006 No. 474 "About procedure for determination of customs value of goods";

7. The presidential decree of the Republic of Belarus of March 19, 2007 No. 129 "About some measures for development of international carriages";

8. The presidential decree of the Republic of Belarus of July 16, 2007 No. 320 "About realization of liberty principle of transit";

9. The presidential decree of the Republic of Belarus of October 15, 2007 No. 502 "About prohibitions and restrictions for movement of separate types of goods through customs border of the Republic of Belarus";

10. The presidential decree of the Republic of Belarus of October 15, 2007 No. 503 "About preferential movement through customs border of goods for private use";

11. The presidential decree of the Republic of Belarus of November 22, 2007 No. 589 "About features of functioning of duty-free shops";

12. The presidential decree of the Republic of Belarus of December 31, 2007 No. 699 "About establishment of rates of import customs duties";

13. The presidential decree of the Republic of Belarus of January 28, 2008 No. 40 "About the status "The fair participant of foreign economic activity";

14. The presidential decree of the Republic of Belarus of March 27, 2008 No. 178 "About procedure for carrying out and control of the foreign trade transactions";

15. The customs code of the Republic of Belarus of January 4, 2007;

16. The law of the Republic of Belarus of February 3, 1993 No. 2151-HP "About the Customs tariff".

17. The law of the Republic of Belarus of January 6, 1998 No. 130-3 "About export control";

18. The law of the Republic of Belarus of December 7, 1998 No. 213-3 "About free economic zones";

19. The law of the Republic of Belarus of July 17, 2002 No. 125-3 "About ratification of the Decision of Council of CIS Heads of Government on Rules of determination of the country of goods' origin".

20. The law of the Republic of Belarus of July 22, 2003 No. 226-3 "About currency control and currency exchange control";

21. The law of the Republic of Belarus of November 25, 2004 No. 347-3 "About state regulation of foreign trade activity";

22. The resolution of Council of Ministers of the Republic of Belarus of October 20, 2003 No. 1355 "About approval of the Regulations on licensing of activities in the field of customs affairs";

22. The resolution of Council of Ministers of the Republic of Belarus of June 13, 2006 No. 788 "About approval of the Regulations on procedure of customs escort";

23. The resolution of Council of Ministers of the Republic of Belarus of June 27, 2007 No. 829 "About the Commodity nomenclature of foreign economic activity of the Republic of Belarus";

24. The resolution of Council of Ministers of the Republic of Belarus of June 27, 2007 No. 841 "About approval of the Regulations on procedure for adoption by customs authority of the decision on classification of separate goods according to the Commodity nomenclature of foreign economic activity of the Republic of Belarus";

25. The resolution of Council of Ministers of the Republic of Belarus of October 10, 2007 No. 1306 "About some questions of determination of the country of goods' origin";

26. The resolution of Council of Ministers of the Republic of Belarus of November 20, 2007 No. 1553 "About approval of the list of the ministerial procedures made by customs authorities concerning legal entities and individual entrepreneurs";

27. The resolution of Council of Ministers of the Republic of Belarus of March 19, 2008 No. 419 "About approval of regulations on risk management system and some questions of interaction of customs authorities and republican state bodies within use of this system";

28. The resolution of Council of Ministers of the Republic of Belarus of September 23, 2008 No. 1397 "About some questions of procedure for movement of separate types of goods through customs border of the Republic of Belarus".

The basic international treaties of the Republic of Belarus in the field of customs affairs signed within the State Parties of the CIS are:

1. Agreement on the principles of customs policy;

2. The agreement on cooperation and mutual assistance in customs affairs;

3. Agreement on creation of the free trade area;

4. The agreement on cooperation of Customs Services concerning detention and return illegal the exported and imported cultural values;

5. Agreement on the single Commodity nomenclature of foreign economic activity of the CIS;

6. The agreement on Rules of determination of goods origin of developing countries by provision of tariff preferences within General system of tariff preferences;

7. The agreement on procedure for transit through the territories of the states - members of the Commonwealth of Independent States;

8. The agreement on procedure for customs clearance and customs control of the goods moved between the State Parties of the Agreement on creation of the free trade area;

9. Decision of Council of CIS Heads of Government on Rules of determination of the country of goods' origin;

10. Decision of Council of CIS Heads of Government on Single methodology of customs statistics of foreign trade of the State Parties of the Commonwealth of Independent States;

11. The agreement on interaction of Customs Services of the states - members of the CIS in the field of expert, research and research activities for identification and diagnostics of goods;

12. The protocol on cooperation in the field of ensuring own safety of Customs Services of the State Parties of the Commonwealth of Independent States;

13. The protocol on simplification and unification of implementation of customs clearance and customs control of the goods moved with physical persons not for dealing purposes;

14. The agreement between Customs Services of the State Parties of the CIS on maintaining confidentiality of information in the field of hardware of customs authorities;

15. The protocol on exchange of the preliminary information on the goods and vehicles moved through customs borders of the State Parties of the Commonwealth of Independent States.

In the Republic of Belarus for the purpose of consumer protection the legislation which basis is constituted is created:

1. The law of the Republic of Belarus of January 9, 2002 "About consumer protection" (in edition of the Law of the Republic of Belarus of July 8, 2008, became effective since January 16, 2009).

2. The resolution of Council of Ministers of the Republic of Belarus of January 14, 2009 No. 26 "About entering of amendments and changes into some laws of the Republic of Belarus concerning consumer protection".

3. The agreement on the main directions of state cooperation - members of the Commonwealth of Independent States in the field of consumer protection of January 25, 2000.

The main regulatory legal acts determining measures for protection of economic interests of the Republic of Belarus when implementing foreign trade in goods and also procedure for introduction, application, review and cancellation of such measures, are the laws of the Republic of Belarus of November 25, 2004 No. 347-3 "About state regulation of foreign trade activity" and No. 346-3 "About measures for protection of economic interests of the Republic of Belarus when implementing foreign trade in goods", the Presidential decree of the Republic of Belarus of May 3, 2005 No. 199 "About some measures for protection of economic interests of the Republic of Belarus".

The legislation existing in the Republic of Belarus in the field of technical regulation and standardization, assessment of conformity includes the laws of the Republic of Belarus of January 5, 2004 No. 262-3 "About technical regulation and standardization" and No. 269-3 "About assessment of conformity, to technical regulatory legal acts in the field of technical regulation and standardization" which realize basic provisions of the Agreement on technical barriers in trade (TBT) and the Agreement on sanitary and phytosanitary measures (SFS) of the WTO.

The fundamental regulatory legal acts regulating general procedure of public procurements in the Republic of Belarus are:

The law of the Republic of Belarus of November 24, 1993 No. 2588-HP "About deliveries of goods for the state needs";

The presidential decree of the Republic of Belarus of November 17, 2008 No. 618 "About public procurements in the Republic of Belarus";

the resolution of Council of Ministers of the Republic of Belarus of December 20, 2008 No. 1987 "About some questions of implementation of public procurements". At the same time features of purchases in construction are determined: The presidential decree of the Republic of Belarus of February 7, 2005 No. 58 "About carrying out the contract biddings in construction and recognition voided separate decrees, provision of the presidential decree of the Republic of Belarus";

the resolution of Council of Ministers of the Republic of Belarus of March 3, 2005 No. 235 "About approval of regulations on procedure for forming of the contract (contractual) price and calculations between the customer and the contractor when constructing facilities and about procedure for the organization and carrying out the contract biddings on construction of facilities". Protection and copyright protection:

The law of the Republic of Belarus of December 10, 1992 No. 2034-HP "About counteraction of monopolistic activities and development of the competition";

The law of the Republic of Belarus of February 5, 1993 No. 2181-XII "About trademarks and service marks";

The law of the Republic of Belarus of April 13, 1995 No. 3725-XII "About patents for plant varieties";

The law of the Republic of Belarus of May 16, 1996 No. 370-HSh "About copyright and the related rights";

The law of the Republic of Belarus of December 7, 1998 No. 214-3 "About legal protection of topology of integral chips";

The law of the Republic of Belarus of July 17, 2002 No. 127-3 "About geographical instructions";

The law of the Republic of Belarus of December 16, 2002 No. 160-3 "About patents for inventions, useful models, industrial designs";

the resolution of Council of Ministers of the Republic of Belarus of January 28, 2008 No. 118 "About modification and amendments in the resolution of Council of Ministers of the Republic of Belarus of May 8, 1997 No. 452";

the resolution of Council of Ministers of the Republic of Belarus of February 15, 2008 No. 210 "About rates and payment procedure author's and other types of remuneration for creation of works and materials in the field of television and broadcasting";

the resolution of Council of Ministers of the Republic of Belarus of March 3, 2008 No. 321 "About some questions of payment of remuneration for reproduction for personal reasons the audiovisual works and works realized in soundtracks". The regulatory framework in the field of re-export includes:

The agreement on re-export of goods and procedure for issue of permissions to re-export of April 15, 1994;

The law of the Republic of Belarus of May 16, 2000 No. 388-3 "About ratification of the Agreement on re-export of goods and procedure for issue of permissions to re-export";

the resolution of Council of Ministers of the Republic of Belarus of October 22, 2008 No. 1572 "About procedure for re-export of the goods occurring from the territory of the Republic of Belarus, other State Parties of the Commonwealth of Independent States and recognition No. 1626 which voided resolutions of Council of Ministers of the Republic of Belarus of October 23, 2000".

The legal basis of monetary policy of the Republic of Belarus are the Main directions of monetary policy of the Republic of Belarus which are annually approved by the President of the Republic of Belarus on representation of National Bank and Council of Ministers of the Republic of Belarus, the Law of the Republic of Belarus on approval of the republican budget for the next financial year.

Besides, in the field of monetary policy of the Republic of Belarus treat fundamental regulatory legal acts:

The bank code of the Republic of Belarus of October 25, 2000 No. 441-3 with changes and amendments;

The presidential decree of the Republic of Belarus of November 3, 2005 No. 520 "About enhancement of legal regulation of the separate relations in the economic sphere";

The presidential decree of the Republic of Belarus of June 12, 2006 No. 384 "About approval of the Program of social and economic development of the Republic of Belarus for 2006-2010";

The presidential decree of the Republic of Belarus of January 15, 2007 No. 27 "About approval of the Development program of banking sector of economy of the Republic of Belarus for 2006-2010";

The presidential decree of the Republic of Belarus of August 29, 2008 No. 460 "About approval of the main directions of monetary policy of the Republic of Belarus for 2009";

The investment code of the Republic of Belarus of June 22, 2001 No. 37-3;

The law of the Republic of Belarus of May 10, 1999 No. 255-3 "About pricing";

The law of the Republic of Belarus of July 22, 2003 No. 226-3 "About currency control and currency exchange control";

The law of the Republic of Belarus of November 13, 2008 No. 450-3 "About the republican budget for 2009";

the resolution of Board of National Bank of the Republic of Belarus on August 24, 2007 No. 166 "About approval of rules of the organization of cash circulation in the Republic of Belarus".

The agreements regulating functioning of the free trade area and customs policy of the State Parties of the CIS: The agreement on the principles of customs policy of March 13, 1992; The Agreement on organization of Interstate bank of January 22, 1993; The Agreement on creation of the free trade area of April 15, 1994;

The agreement on creation of the Payment union of the State Parties of the CIS of October 21, 1994;

The agreement on the single commodity nomenclature of foreign economic activity of the CIS of November 3, 1995;

The agreement on Rules of determination of goods origin of developing countries by provision of tariff preferences within the General preferential system of April 12, 1996;

The agreement on procedure for transit through the territories of the states - members of the Commonwealth of Independent States of June 4, 1999;

The agreement on technical barriers in the free trade area of June 20, 2000

1.4. AGREEMENTS

BILATERAL COOPERATION

One of the most priority directions of forming of the international contractual legal base of the Republic of Belarus allowing to lay strong basis for development of effective economic interaction with the states is the conclusion of the framework bilateral agreements about trade and economic cooperation and free trade which development _ is performed directly by the Ministry of Foreign Affairs of the Republic of Belarus.

Today the Republic of Belarus at the bilateral level signs 60 agreements on trade and economic cooperation (from which 4 did not become effective), 42 of them - provide establishment of most favored nation treatment in mutual trade.

At the same time in work there are more than 35 drafts of trade agreements and agreements on trade and economic cooperation now. Besides, the Republic of Belarus signed 9 free-trade agreements with the State Parties of the CIS (The Azerbaijan Republic, the Republic of Armenia, the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Moldova, the Russian Federation, the Republic of Tajikistan, the Republic of Uzbekistan and Ukraine).

Certain specifics are present at work on the conclusion of contracts of economic nature with EU member states. Now between the Republic of Belarus and EU member states 15 agreements on trade and economic cooperation are signed.

At the same time the analysis of development of the contractual legal base of the Republic of Belarus with EU member states demonstrates that, despite pragmatic approach of number of the states to strengthening of the legal basis of bilateral cooperation, the majority of EU countries limits expansion of the international contractual framework of cooperation and normal negotiating.

The certain European countries, in particular, Bulgaria, Hungary, Romania initiated in connection with their accession to the EU modification or exit from bilateral agreements with the Republic of Belarus about trade and economic cooperation for the purpose of cancellation of most favored nation treatment (further - RNB) in mutual trade. These initiatives did not find support of the Belarusian side.

At the same time it should be noted that the Republic of Belarus is participant Soglasheniya with the EU about trade, commercial and economic cooperation of December 18, 1989 which fixes application in mutual trade of RNB. In view of obligations of the states - the members of the EU on application and observance of provisions of the international treaties signed by the European community with the third countries, RNB automatically is applied on bilateral basis between Belarus and the specified states.

Multilateral cooperation

The Republic of Belarus, being member of the commission of the UN by the international trade law, makes the contribution to process of development of regulations and standards in the field of the international trade law. In particular, the Belarusian experts take active part in work on preparation of the relevant documents (recommendations, drafts of international treaties, the model laws, etc.) in the field of transport law, arbitration and security interests.

Developing constructive interaction with World Intellectual Property Organization on further cooperation increase in the field of forming and enhancement of national system of protection of intellectual property, Belarus aims to master the new directions, namely use of potential by World Intellectual Property Organization for realization of tasks of transition of the Belarusian economy on the innovative way of development. Specific step in this direction is signing in January, 2007 of the Mutual declaration about activities for strengthening of system of intellectual property and development of innovations in the Republic of Belarus.

For Belarus of the CIS was and remains support in implementation of tasks on preserving economic potential both in the industry, and in agricultural industry, on strengthening of the line items in system of world economic bonds and the international labor division.

In spite of the fact that the list of the basic documents regulating creation of the free trade area within the CIS is approved today not by all State Parties of the Commonwealth, it is possible to state that the Republic of Belarus participates in all basic agreements on this subject.

The Republic of Belarus actively participates in EurAsEC, in the course of forming of custom union (Belarus, Kazakhstan, Russia) which depending on degree of the readiness other associates, and the Common economic space will be able to join. Feature of custom union within EurAsEC is availability of national executive regulating authority - the Commissions of custom union.

Within EurAsEC our country draws up participation more than in 50 agreements, including in all trade and economic agreements. Within custom union (EurAsEC) signed of 25 international treaties, Belarus performs interstate procedures for 12 agreements, for the others international to agreements the corresponding procedures are already performed.

Among agreements within custom union especially it should be noted the Agreement on the Commission of custom union and the Agreement on creation of single customs area and forming of custom union signed in Astana on October 6, 2007 which lay the foundation of this integration education. Hard work on preparation of new agreements is carried out to development of the specified international dogovr. In the next years it is planned to sign some more tens of international treaties directed to forming of custom union.

Forming of custom union takes place in conditions of accession of state members of EurAsEC to the WTO. It is necessary to solve cardinally problems of ensuring free movement of goods, including free transit of the electric power and hydrocarbons on the territory of the states of community.

Unification of levels of internal and transit tariffs on rail transport within EurAsEC will give powerful spur to development of intraregional trade, will allow to activate integration cooperation and business contacts between producers of the states of community.

The rules of law containing in the international treaties of the Republic of Belarus which became effective are part of the legislation existing in the territory of the Republic of Belarus, are subject to direct application.

The basic international treaties of the Republic of Belarus in the field of customs affairs signed within the State Parties of the CIS are:

1. The agreement on the principles of customs policy of March 13, 1992;

2. The agreement on cooperation and mutual assistance in customs affairs of April 15, 1994;

3. The agreement on creation of the free trade area of April 15, 1994;

4. The agreement on cooperation of Customs Services concerning detention and return illegal the exported and imported cultural values of April 15, 1994;

5. The agreement on the single Commodity nomenclature of foreign economic activity of the CIS of November 3, 1995;

6. The agreement on Rules of determination of goods origin of developing countries by provision of tariff preferences within the General preferential system of April 12, 1996;

7. The agreement on procedure for transit through the territories of the states - members of the Commonwealth of Independent States of June 4, 1999;

8. The decision of Council of CIS Heads of Government on Rules of determination of the country of goods' origin of November 30, 2000;

9. The protocol on simplification and unification of implementation of customs clearance and customs control of the goods moved with physical persons not for dealing purposes of December 21, 2000;

10. The agreement between Customs Services of the State Parties of the CIS on maintaining confidentiality of information in the field of hardware of customs authorities of December 21, 2000;

11. The protocol on cooperation in the field of ensuring own safety of Customs Services of the State Parties of the Commonwealth of Independent States of September 12, 2002;

12. The agreement on interaction of Customs Services of the states - members of the CIS in the field of expert, research and research activities for identification and diagnostics of goods of December 24, 2003;

13. The protocol on step-by-step cancellation of restrictions in mutual trade of the State Parties of the CIS of June 3, 2005;

14. The decision of Council of CIS Heads of Government on Single methodology of customs statistics of foreign trade of the State Parties of the Commonwealth of Independent States of November 25, 2005.

2. MEASURES OF TRADE POLICY AND PRACTICE OF ITS APPLICATION

2.1. IMPORT REGULATION

Requirements to registration, documentation and customs procedures

According to Article 44 of the Customs code of the Republic of Belarus all persons on an equal basis have the right to movement of goods through customs border of the Republic of Belarus with observance of the provisions established by the Customs code of the Republic of Belarus, other laws, acts of the President of the Republic of Belarus and (or) international treaties of the Republic of Belarus.

Movement of goods through customs border of the Republic of Belarus shall be performed with observance of prohibitions and import restrictions of the goods to the Republic of Belarus and their export from the Republic of Belarus (further - prohibitions and import restrictions and commodity exportation) established by the legislation and (or) international treaties of the Republic of Belarus on the bases of economic and non-economic nature.

Prohibitions and import restrictions and commodity exportation are applied also to the goods moved with transit if other is not established by the laws, acts of the President of the Republic of Belarus and (or) international treaties of the Republic of Belarus.

The goods moved through customs border of the Republic of Belarus are subject to customs clearance and customs control according to the procedure and on the conditions established by the Customs code of the Republic of Belarus and other acts of the customs legislation, except as specified, when concerning such goods the customs clearance is not made and (or) they are exempted from separate transactions of customs control according to the Customs code of the Republic of Belarus, other laws, acts of the President of the Republic of Belarus and (or) international treaties of the Republic of Belarus.

In case of production of customs clearance persons determined by the Customs code of the Republic of Belarus shall submit to customs authorities documents and the data necessary for customs clearance. So, for goods placement under customs regimes documents and data are represented by the customs applicant as whom the resident or the nonresident of the Republic of Belarus can act, or according to its order - the customs agent (representative), for goods placement under customs regime of customs transit - carrier or the freight forwarder if the freight forwarder is resident of the Republic of Belarus, or person who will perform storage of goods or carrying out other transactions with goods in delivery location according to the Customs code of the Republic of Belarus.

Customs authorities have the right to require in case of production of customs clearance of submission only of those documents and data which are necessary for ensuring compliance with the customs legislation and which representation is provided by the Customs code of the Republic of Belarus.

Lists of documents and data, requirements to data which are necessary for customs clearance in relation to specific customs regimes and customs procedures taking into account categories of persons moving goods, types of goods are more whole than use of goods, requirements of customs regimes and customs procedures or proceeding from the mode of transport used when moving goods through customs border are established by Council of Ministers of the Republic of Belarus if other is not determined by the President of the Republic of Belarus. Terms of submission of the documents and data necessary for customs clearance are established by the State Customs Committee of the Republic of Belarus if other is not established by the Customs code of the Republic of Belarus.

When moving goods through customs border of the Republic of Belarus the following documents are submitted to customs authorities of the Republic of Belarus for the purposes of customs clearance:

- agreement (contract);

- the customs declaration which is drawn up in the form of forms of the cargo customs declaration;

- payment documents testimonial of payment of receivable customs payments;

- permissions (license) of bodies of export-import control in the cases determined by the legislation;

- transport (transportation) documents;

- business documents (invoice invoice, pro forma bill, proforma invoice);

- certificate or declaration on goods origin.

- other documents which are necessary for customs clearance in relation to specific customs regimes and customs procedures taking into account categories of persons moving goods, types of goods are more whole than use of goods, requirements of customs regimes and customs procedures or proceeding from the mode of transport used when moving goods through customs border.

Procedure for filling of documents for the purpose of customs control are determined by the order of the State Customs Committee of the Republic of Belarus of July 9, 1998 No. 246-OD "About approval of the Regulations on the customs paper "Cargo customs declaration" and the Instruction about procedure for filling of the cargo customs declaration for the purposes of customs declaration of goods".

Customs tariffs

Procedure for forming and application of customs tariff in the Republic of Belarus, and also rules of taxation of goods customs duties in case of their movement through customs border of the Republic of Belarus are determined by the Law of the Republic of Belarus "About customs tariff". According to this Law the customs tariff is the code of rates of the customs duties (customs tariff) applied to the goods moved through customs border of the Republic of Belarus, systematized according to the Commodity nomenclature of foreign economic activity of the Republic of Belarus (further - the Commodity Nomenclature of Foreign Economic Activity of the Republic of Belarus).

The Commodity Nomenclature of Foreign Economic Activity of the Republic of Belarus in the current version it is enacted since January 1, 2008 by the resolution of Council of Ministers of the Republic of Belarus No. 829 of June 25, 2007 "About the Commodity nomenclature of foreign economic activity of the Republic of Belarus".

The international basis of introduction of the Commodity Nomenclature of Foreign Economic Activity of the Republic of Belarus are the Harmonized commodity description and coding system, the Commodity Nomenclature of Foreign Economic Activity of the Commonwealth of Independent States and general the Commodity Nomenclature of Foreign Economic Activity of Eurasian economic community. The Commodity Nomenclature of Foreign Economic Activity of the Republic of Belarus allows to disaggregate commodity code on 10 signs by assignment of separate code to the goods with identical names but differing according to technical or consumer characteristics. It, in turn, allows to make more flexible customs tariff as depending on economic interests of the Republic of Belarus on the certain goods allocated at the level of 10-digit subsubline item the rates of customs duties both raised, and lowered can be established.

Rates of customs duties are single and are not subject to change depending on the status of persons moving goods through customs border of the Republic of Belarus, types of transactions and other factors, except as specified, stipulated by the legislation.

Rates of customs duties are established by the President of the Republic of Belarus and (or) the laws if he does not establish other.

Concerning the goods coming from the countries, the trade and political relations with which do not provide most favored nation treatment, the rates of import customs duties determined based on the Law of the Republic of Belarus "About customs tariff" are doubled.

The rates of import customs duties determined by the specified Law are applied to goods which country of source is not established. The exception is constituted by cases when customs authorities of the Republic of Belarus find signs of the fact that the country of goods' origin is the foreign state (group of foreign states) with which - at the Republic of Belarus is not present mutual, contractual - obligations about provision of most favored nation treatment.

Rates of import customs duties on the goods imported on customs area of the Republic of Belarus (The Customs tariff of the Republic of Belarus) are established by the Presidential decree of the Republic of Belarus No. 699 of December 31, 2007 "About establishment of rates of import customs duties".

Rates of export customs duties and the inventory to which they are applied and also non-tariff measures of regulation of foreign trade are established by the President of the Republic of Belarus or according to its order Council of Ministers of the Republic of Belarus and are only measures of operational regulation of foreign economic activity in the territory of the Republic of Belarus.

So, the Presidential decree of the Republic of Belarus No. 700 of December 31, 2007 "About establishment of rates of export customs duties" determines the inventory, the state members of EurAsEC assessed by customs duties in case of their export from customs area of the Republic of Belarus out of limits and the sizes of such rates are established.

When importing to customs area of the Republic of Belarus are exempted by customs duty from taxation:

- the equipment and devices for the research purposes, and also the materials and components intended for task performance of Sections of scientific providing presidential, state economic and social programs, state programs of basic and applied researches, the state, industry, regional and interstate scientific and technical programs, imported by residents of the Republic of Belarus according to the procedure, determined by the President of the Republic of Belarus;

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