(Unofficial translation)
Edict of the President
of the Republic of Belarus
No 66 of January 31, 2006
[Amended as of November 30, 2017]
On Approving the
Regulations on Free Customs Zones created in the Territories of Free (Special)
Economic Zones
1.
To approve the annexed Regulations on free customs zones created in the
territories of free (special) economic zones.
To establish that the territories of free customs zones:
determined in the territories of free economic zones prior to the entry
into force of this Edict, must be brought in conformity with the requirements
of this Edict within one year from the date of entry into force of this Edict;
not brought, within the established time limit, in conformity with the
requirements of this Edict, are subject to be abolished.
2. To grant to the
Council of Ministers of the Republic of Belarus the right to explain, with
regard to the requirements of this Edict, the matters of functioning of free
customs zones created in the territories of free (special) economic zones.
3.
The Council of Ministers of the
4.
This Edict enters into force in 30 days from the day of its official
publication.
President of the Republic of Belarus A. Lukashenko
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APPROVED Edict of the President of the |
Regulations on Free
Customs Zones Created in the Territories of Free (Special) Economic Zones
1. These Regulations regulate the relations connected with functioning
of free customs zones created in the territories of free (special) economic
zones (hereinafter - FEZ).
2.
These Regulations use the terms and their definitions in the meaning
established by the Customs Code of the Customs Union, Agreement on Issues of
Free (Special) Economic Zones in the customs territory of the Customs Union and
the customs procedure of free customs zone of June 18, 2010, by the legislation
of the Republic of Belarus, and also the following terms and their definitions:
free
customs zone (hereinafter, unless otherwise established – FCZ) is a specially
allocated territory within the boundaries of the FEZ for which the limits of
the FCZs are determined for the purposes of carrying out of entrepreneurial
activity according to the contract on activity conditions in the FEZ and the
investment project;
FCZ owner is a resident of the
engineering and technical means
are fences, warning systems, means of visual observation, and also other
means used for ensuring control over movement of goods across the limits of the
FCZ.
3. The FCZ limits need not coincide with the territory of the FEZ and
are determined inside the territory of the FEZ by the decision of its
administration upon assent of the customs body for a specific resident of the
FEZ.
In the event when the FCZ cannot constitute a single territory, it is
admissible that it consists of separate territories, structures (premises)
located at a distance from each other. In this instance such territories,
structures (premises) must be located within the boundaries of the FEZ
territory, comply with the requirements established by these Regulations and
have a control and admission regime.
In the cases determined by the President of the Republic of Belarus, in
the FCZ territory of one resident, with consent of that resident, limits of the
FCZ of another resident may be determined. A respective decision shall be
adopted by the FEZ Administration with the consent of the tax body.
The procedure for obtaining the consent of customs bodies to decisions
of FEZ administration about determining the limits of FCZ is established by the
State Customs Committee.
4. It is allowed to locate in the
FCZ goods placed under the customs procedure of free customs zone for their
storage and use via performing with them operations provided in the Agreement on Issues of Free (Special) Economic Zones in the customs territory of
the Customs Union and the customs procedure of free customs zone of June 18,
2010 and these Regulations, and also the location,
storage and use, in compliance with the requirements of the customs legislation
of the Customs Union and the legislation of the Republic of Belarus of the
goods not placed under the customs regime of the free customs zone and foreign
goods placed under other customs procedures or for temporary storage.
6. The facilities and equipment of the FCZ are to meet the following
requirements:
the FCZ must be marked, and also equipped with the engineering and
technical facilities. The ways of its demarcation and equipment are
determined by the customs bodies in consultation with the administration of the
the facilities of the FCZ shall ensure the possibility to perform the
customs control, including the customs inspection, as well as the possibility
for the customs bodies to impose the identification means on the premises in
which are located the goods placed under the customs procedure of free customs
zone, and the goods manufactured (obtained) from the goods placed under the
customs procedure of free customs zone, and also goods manufactured (obtained)
from the goods placed under the customs procedure of free customs zone and
goods not placed under the customs procedure of free customs zone.
6.
The demarcation, facilities, protection of the FCZ
and ensuring control and admission regime are to be provided by the FCZ owner
and at its expense.
7.
The FCZ is deemed to be created from the date when the customs body gives its
consent to the decision of the
8. The FCZ owner is obliged:
to observe the conditions of the FCZ operation, the procedure for
location and use of goods in the FCZ;
to ensure safety of the identification means imposed by customs bodies on
the premises in which the goods are located, placed under the customs procedure
of free customs zone, and goods manufactured (obtained) from goods placed under the customs procedure of free customs zone and
also goods manufactured (obtained) from goods placed
under the customs procedure of free customs zone and from goods not placed
under the customs procedure of free customs zone;
to create necessary conditions for performance of operations of the
customs control in respect to goods located in the FCZ, including to provide
assistance to the customs bodies in their performance, to ensure access
authorized officials of the customs bodies to goods located in the FCZ, and to
execute their legitimate requests;
to exclude the possibility of location of goods placed under the customs
procedure of free customs zone, and also of goods manufactured (obtained) from goods placed under the customs procedure of free customs zone and
also goods manufactured (obtained) from goods
placed under the customs procedure of free customs zone and from goods not
placed under the customs procedure of free customs zone,
outside the FCZ without permission of customs bodies.
9. The customs bodies are entitled:
to perform the customs control in relation to goods located in the FCZ;
in the event of detecting the facts of violation of the customs
legislation of the Customs Union and the legislation of the Republic of Belarus
to present demands to the FCZ owner about elimination of causes and causes and conditions contributing to commission of such violations.
10. The FCZ functioning terminates:
10.1. upon liquidation of the
10.2. upon abolition of the FCZ by the
decision of the
according to an application of the FCZ owner, including after the
implementation of its investment project;
in connection with the loss by the FCZ owner of his status of the
according to a solicitation of the State Customs Committee sent to the
administration of the FEZ in the event of detecting facts of repeated
violations of the customs legislation of the Customs Union and the legislation
of the Republic of Belarus by the FCZ owner;
upon a petition of the FCZ owner for abolition of the FCZ of another FEZ
resident in the territory of that owner;
in other instances of impossibility to preserve the FCZ in accordance
with legislative acts of the
The procedure for obtaining the assent of customs bodies to decisions of
FEZ administration about abolition of a FCZ is established by the State Customs
Committee.
11. In the instance specified in sub-clause 10.2 of clause 10
of these Regulations, the FCZ functioning terminates upon expiry of four months
from the day of obtaining the consent of the customs body to the decision the
FEZ administration on abolition of the FCZ or from the day when the customs
body gives its consent to the decision of the FEZ administration about
determining the limits of the territory of the FCZ in which the abolished FCZ is
included for another resident of the FEZ, in accordance with part 3 of this
clause.
From the day following the day of obtaining the consent of the customs
body to the decision of the
The abolished FCZ may be included in a newly determined FCZ of another
resident of the FEZ prior to the expiry of four months from the day of
obtaining consent of the customs body to the decision of the FEZ administration
on abolition of the FCZ, in the event of absence in the abolished FCZ of goods
of the FEZ resident in relation to which the decision on abolition of the FCZ
has been taken.
12. When the FEZ resident has created within the limits of
the FCZ of immovable property objects for the purposes of carrying out the
entrepreneurial activity according to the contract on activity conditions in
the FEZ and the investment project, the FEZ administration shall, prior to the beginning
of constructions works, direct to the customs body in the area of activity of
which the FEZ administration is located a respective notification.