Features of confirming compliance with export control measures during customs declaration of goods

Export control measures refer to prohibitions and restrictions that must be complied with when goods cross the customs border of the Eurasian Economic Union (hereinafter referred to as the EAEU) and are placed under customs procedures.

In accordance with the Law of the Republic of Belarus of May 11, 2016 No. 363-Z "On Export Control" (hereinafter referred to as the Law), export control is a set of measures ensuring the permissive procedure for the import, export, transit, use of export-controlled items, and related intermediary activities.

Export-controlled items include:

specific goods (works, services) the lists of which are approved by the Resolution of the State Military Industrial Committee of the Republic of Belarus, the State Customs Committee of the Republic of Belarus of December 28, 2007 No. 15/137;

goods, information, works, services, results of intellectual activity not included in the lists of specific goods (works, services), for the foreign trade or intermediary activities with which legal entities and individuals are obliged, in accordance with Part Two of Article 21 of the Law, to obtain a permit from the interdepartmental export control body.

Among specific goods, dual-use goods, military products, as well as goods controlled in the interests of the national security of the Republic of Belarus are distinguished.

A permissive export procedure applies to all export-controlled items, and a permissive import procedure applies to military products and goods controlled in the interests of the national security of the Republic of Belarus.

When export-controlled items are moved across the customs border of the EAEU, compliance with export control measures is confirmed by presenting to the customs authority a license issued by the State Military Industrial Committee (hereinafter referred to as the Goscomvoenprom) or another permissive document provided for by export control legislation. The number and date of the permissive document must be indicated in the customs declaration.

It should be noted that for the purposes of export control, legal entities and individuals intending to import or export goods are obliged to identify them based on their description, technical characteristics, and the unified Commodity Nomenclature of Foreign Economic Activity of the EAEU. In case of impossibility of unambiguous identification of goods, legal entities and individuals have the right to apply to the State Military Industrial Committee, which is responsible for organizing the identification process.

In the event that, during customs clearance of declared goods, the customs authority has reasonable doubt as to the correctness of their classification (non-classification) as specific goods (works, services), the customs authority shall apply to the State Military Industrial Committee.

The results of the identification are used by legal entities and individuals to determine the necessity of obtaining relevant permits for carrying out activities with goods.

In conclusion, we inform you that specific goods cannot be classified as goods for personal use.

Source: vitebsk-region.gov.by