Resolution of the Ministry of Finance of the Republic of Belarus

(Unofficial translation)

 

Resolution of the Ministry of Finance of the Republic of Belarus

No.2 of January 5, 2007

 

On Approval of Instructions about the Order of Giving Consent by the Ministry of Finance

of the Republic of Belarus to Issuing Licenses for Export of Certain Types of Goods and the Order

of Precious Metal Exportation into the Countries of the Customs Union

 

On the basis of the Resolution of the Council of Ministers of the Republic of Belarus of October 31, 2001 No.1585 "Matters of the Ministry of Finance of the Republic of Belarus" the Ministry of Finance of the Republic of Belarus has decided:

1. To approve the enclosed Instructions about the order of giving consent by the Ministry of Finance of Republic of Belarus of issuing licenses for export of certain types of the goods and the order for precious metals exportation into the countries of the Customs union.

2. [Not given]

3. This Resolution enters into force since the day of its signing.

 

Minister

 N.P.KORBUT

 

AGREED

Minister of Trade

of the Republic of Belarus

A.I.IVANKOV

21.12.2006

APPROVED

Resolution of the Ministry of Finance

of the Republic of Belarus

No.2 of January 5, 2007

INSTRUCTIONS

on the Order of Giving Consent by the Ministry of Finance of the Republic of Belarus

to Issuing Licenses for Export of Certain Types of the Goods and

the Order for Precious Metals Exportation into the Countries of the Customs Union

 

CHAPTER 1

GENERAL PROVISIONS

 

1. The Instructions about the order of giving consent by the Ministry of Finance of the Republic of Belarus to issuing licenses for export of certain types of the goods and the order for precious metals exportation into the countries of the Customs Union (hereinafter – the Instructions) are prepared in accordance with the Resolution of the Council of Ministers of the Republic of Belarus of September 27, 2006 No.1267 "On licensing of the external trade of certain types of the goods", Resolution of the Cabinet of Ministers of the Republic of Belarus of November 4, 1996 No.699 "About regulating export of precious metals".

2. The Instructions define the order of giving consent by the Ministry of Finance of the Republic of Belarus to issuing licenses for export of certain types of the goods specified in the list of the goods the export of which is realized under the licenses issued by the Ministry of Trade, approved by the Resolution of the Council of Ministers of the Republic of Belarus No.1267 of September 27, 2006 (hereinafter – the list), as well as the order of giving consent to exporting precious metals in any state and condition, except for jewelry articles made of precious metals, into the countries of the Customs Union in accordance with the requirements of the Resolution of the Cabinet of Ministers of the Republic of Belarus No.699 of November 4, 1996 (hereinafter – giving consent to precious metals exportation).

3. Giving consent to issuing licenses for export of certain types of the goods, specified in the list, as well as giving consent to the precious metals exportation is produced, as a rule, for the shipped batch, and giving consent to the license for export of scrap and waste products, containing precious metals, delivered into the State Fund of Precious Metals and Precious Stones of the Republic of Belarus (hereinafter - Fund) and (or) turned into the state property on the grounds provided by the legislation is produced also for the planned batch.

4. The documents submitted for giving consent to issuing the license on export of certain types of the goods specified in the list, as well as giving consent to the precious metals exportation, are kept in the Ministry of Finance of the Republic of Belarus in the order established by the legislation of the Republic of Belarus.

 

CHAPTER 2

ORDER FOR GIVING CONSENT TO ISSUING LICENSES ON EXPORT OF CERTAIN TYPES OF GOODS

CONTAINING PRECIOUS METALS AND PRECIOUS STONES

 

5. For giving consent to issuing the license on export of certain types of the goods, specified in the list, containing precious metals and precious stones, by a legal person (hereinafter – the applicant) the following documents are submitted:

application for issuing the license - 2 copies completed and notarized in accordance with the established order;

solicitation of the higher organization (if available);

a copy of the agreement (contract) for export of the goods (for the general license it is not required) or for their processing, obligatory term of which in the event of surpassing the established limits of the divergences for the results of analytical determination of the precious metals contents in the tested lots is the undertaking of the arbitration analysis in the laboratory accredited in accordance with the established order, chosen by the mutual agreement of the parties participating in realization of the agreement (contract), at that the arbitration judge shall not be the representative of any of the parties;

the inventories, the completing lists of the shipped goods, except for the cases specified in clause 6 of these Instructions;

a copy of the protocol of the performed test, except for the cases specified in clause 7 of these Instructions, with the results of analysis of precious metals contents in the goods (per each lot), executed by the laboratory of the applicant accredited in accordance with the established order, and if the applicant has no such laboratory – by an outside accredited laboratory on a contractual basis, at that the obligatory term of the agreement is the liability of the specified laboratory for authenticity of the executed analysis;

feasibility study for expediency of the transaction and the decision on the selection of the processor (under export for processing), consented with the higher organization (if available), at that the responsibility for reception and submission of complete and reliable information for the choice of the processor is imposed on the applicant;

the substantiation of the price for the goods and economic expediency of the transaction (at precious metals exportation);

the documents for reception of the certificate under the Kimberley process for the Republic of Belarus (at export of rough natural diamonds, including for processing (the partial processing) with the following return:

an application signed by the head of the legal person containing acknowledgement of the fact of absence in the exported batch of rough diamonds from the areas under conflict or the diamonds received from the countries not participating in the certification scheme of the Kimberley process;

the documents confirming the origin (import into the Republic of Belarus) of the exported batch of diamonds (including exemplars of pro forma-invoices and the cargo customs declarations, reception reports from the organizations which imported diamond raw materials), with indication of the details of the certificate under the Kimberley process, which accompanied the considered batch of diamonds during its import to the territory of the Republic of Belarus.

All copies of the documents are certified by the signature and seal of the applicant.

The responsibility for authenticity of the submitted documents and the information declared in them bears the applicant.

6. For giving consent to the license for export of certain types of the goods, containing precious metals and precious stones for the planned batch, the applicant presents the documents in accordance with clause 5 of these Instructions, except for the inventories, lists of completing parts, and protocols of the test performance. In this case the applicant submits the inventory list for the planned batch with indication of the forecasted information about the amount of the scrap and waste products and the contents of precious and non-ferrous metals in them.

7. Content of precious metals in scrap and waste products in the absence of technical possibility to perform selection or analysis of the representative test sample from the concrete lot (batch) or the economic non-expediency of its undertaking in the Republic is defined by the applicant on the grounds of the accounting data, established in accordance with the requirements of the Instructions about the order for usage, registering and keeping in storage precious metals and precious stones, approved by the Resolution of the Ministry of Finance of the Republic of Belarus of March 15, 2004 No.34.

In this case the applicant submits the certificate about the content of precious metals in the scrap and waste products prepared for processing with indication of the method used by the applicant for its determination and enclosure of the conclusions from all laboratories accredited in the Republic about the absence of technical possibility to perform selection or analysis of the representative test sample from each lot (batch).

In the event of economic non-expediency to undertake selection or analysis of the representative test sample from each lot (the batch) in the Republic, the applicant submits the calculation with enclosure of the certificates from all accredited laboratories in the Republic about the cost of undertaking the samples extraction and analysis.

If required, the Ministry of Finance of the Republic of Belarus has the right in require other documents.

8. The decision on giving consent to issuing the license for export of certain types of the goods containing precious metals and precious stones, or about refusal to give consent is made by the Ministry of Finance of the Republic of Belarus on the grounds of studying the documents submitted by the applicant within 15 working days since the day of submission of all required documents.

9. The reasons for refusal to give consent to issuing license on export of certain types of the goods, containing precious metals and precious stones, are:

the absence of at least one document specified in clauses 5-7 of these Instructions;

the availability of incomplete or unauthentic information in documents, specified in clauses 5-7 of these Instructions;

the availability in the contract (the agreement) of provisions, obligations discordant or excluding each other;

wrong arrangement (presence of mistakes) of the documents specified in clauses 5-7 of these Instructions;

the violation of the international obligations of the Republic of Belarus in the consequence of realization of the foreign trade contract (the agreement);

the discrepancy of the goods batch (the lot of processing) prepared for shipment to the agreement(contract);

in other events if the terms of the contract violate the order established in the Republic of Belarus for realization of foreign trade operations.

The decision about refusal of giving consent for issuing the license on export of certain types of the goods containing precious metals and precious stones shall be motivated and submitted to the applicant in writing.

10. The applicant who received in accordance with the established order the license for export of certain types of the goods containing precious metals and precious stones shall submit its copy into the Ministry of Finance of the Republic of Belarus within a three-day period.

 

CHAPTER 3

ORDER OF GIVING CONSENT TO PRECIOUS METALS EXPORTATION

 

11. To get consent to the precious metals exportation the applicant must represent the documents specified respectively in clauses 5-7 of these Instructions, except for the application.

12. The decision about giving consent to the precious metals exportation or about refusal of the giving consent is made by the Ministry of Finance of the Republic of Belarus on the grounds of studying the documents submitted by the applicant within 15 working days since the date of submission of all required documents.

13. The reason for refusal of giving consent to the precious metals exportation are:

absence of at least one document specified in clauses 5-7 of these Instructions;

presence of incomplete or unauthentic information in the documents specified in clauses 5-7 of these Instructions, submitted for getting consent to the precious metals exportation;

presence in the contract (agreement) of the provisions, obligations discordant or excluding each other;

wrong arrangement (presence of mistakes) in the documents specified in clauses 5-7 of these Instructions;

violation of the international obligations of the Republic of Belarus in consequence of realization of the foreign trade contract (agreement);

discrepancy of the batch of scrap stuff and waste products (the lot of processing) prepared for shipment to the contract (the agreement);

in other events if the terms of the contract violate the order for realization of foreign trade operations established in the Republic of Belarus.

The decision about refusal to give consent to the precious metals exportation must be motivated and submitted to the applicant in writing.

 

CHAPTER 4

ORDER OF SUBMITTING THE INFORMATION ABOUT REALIZATION OF THE LICENSE FOR EXPORT OF CERTAIN TYPES

OF GOODS CONTAINING PRECIOUS METALS AND PRECIOUS STONES, AND GIVING CONSENT

TO THE PRECIOUS METALS EXPORTATION

 

14. At shipment of the goods within the framework of the license for export of certain type of the goods, containing precious metals and precious stones, giving consent to which was conducted by the Ministry of Finance of the Republic of Belarus for the planned batch, the applicant shall submit the inventories, lists of completing elements, minutes of the test performance or other documents in accordance with the requirements of clauses 5, 7 of these Instructions and the calculation for the efficiency of processing the practically shipped batch with the corresponding conclusions and explanations at least seven working days before the planned date of shipment (since the time of the entering documents registration).

The Ministry of Finance of the Republic of Belarus considers the documents for the shipped goods within a five-day period and on the results of consideration in writing reports to the applicant about correspondence of the documents submitted by him to the contract (the agreement), to the license for export of certain types of the goods containing precious metals and precious stones, technical-economic substantiation of the transaction expediency.

15. The information about performance of the license for export of certain types of the goods containing precious metals and precious stones, giving consent to the precious metals exportation is submitted by the applicant within a month period after expiration of the contract (the agreement) into a higher organization (if unavailable – to the Ministry of Finance of the Republic of Belarus) in the form according to appendix 2 with enclosure of the explanations related to their deviations (if available) from the terms, stipulated in the licenses for export of certain types of the goods containing precious metals and precious stones, giving consent to export, contracts (the agreements) and feasibility studies.

On the results of processing each shipped batch of the goods from the fund of processing of the Fund the applicant shall submit into the Ministry of Finance of the Republic of Belarus within 30 banking days from the date of transfer to its account of the money means paid from the republican budget for the precious metals, delivered into the Fund:

a statement consented by the higher organization (if available) in the form according to appendix 3 (clauses 4, 5, 10, 12, 15 are completed per each lot of processing) under performance of the contract with the processor accompanied by enclosure of the explanations over the deviations (if available) from the terms, stipulated in the licenses for export of certain types of the goods containing precious metals and precious stones, giving consent to export, contracts (agreements) and feasibility studies;

a statement about own expenses for processing the scrap and waste products, calculations with the suppliers in accordance with requirements of the Instructions about the payment order for the deliveries into the State Fund of Precious Metals and Precious Stones of the Republic of Belarus, approved by the Resolution of the Ministry of Finance of the Republic of Belarus No.59 of March 31, 2004, consented by the higher organization (if available) in the form according to appendix 4.

 

CHAPTER 5

GENERAL RULES FOR ARRANGEMENT OF FEASIBILITY STUDY AND THE PROCESSOR SELECTION

 

16. The contents of scrap and waste products is defined by the applicant on the grounds of the laboratory analysis results and also in accordance with the requirements of clauses 5-7 of these Instructions.

17. The calculated content in the scrap stuff and waste products of the extracted non-ferrous metals and harmful technological admixtures is defined by the applicant.

18. The cost of precious metals is calculated based on average prices for the previous year at the international market . If the average prices of precious metals at the international markets for the month preceding the month of the submission the documents for getting consent to issuing the license or export differ by more than 20 percents from the average prices per the preceding year, then at arrangement of the feasibility study and the license the average prices at the international markets of precious metals per the month, preceding the month of submission of the documents for getting consent to issuing the license or export are used.

19. At estimation of the processor terms the following factors are taken into account:

the cost of the operating expenses (taking of test samples selection and performance of analysis);

the cost of processing of the scrap and waste products;

the degree of the precious metals extraction ;

the cost of the precious metals finishing ;

the cost of the ingots fabrication (products);

other expenses connected with performance of processing (if required) the extracted precious and non-ferrous metals into gold and (or) platinum;

the cost of the transport expenses and insurance for the scrap and waste products;

increasing the cost of processing because of presence in the scrap and waste products of harmful technological admixtures;

the cost of the inverse delivery of the returned precious metals ;

the expenses under the customs payments and other expenses, connected with undertaking the bargain;

the date of the reverse delivery (return) of the extracted precious metals.

20. The resulting data of the compared processors conditions must be submitted in the single currency. The recalculation rate of the national currencies must be produced at the official rate for foreign currencies established by the National bank of the Republic of Belarus on the first day of the month in which the technical-economic substantiation was sent for giving consent.

 

 

CHAPTER 6

ORDER OF GIVING CONSENT TO ISSUING LICENSES FOR EXPORT OF CERTAIN TYPES OF GOODS SPECIFIED

IN THE LIST NOT CONTAINING PRECIOUS METALS AND PRECIOUS STONES

 

21. For getting consent to issuing license for export of certain types of the goods specified in the list, not containing precious metals and precious stones, by the legal person and the individual entrepreneur the following documents are submitted:

the application for issuing the license - 2 exemplars, filled and notarized in accordance with the established order;

the solicitation from the higher organization (if available);

a copy of the agreement (the contract) for export of the goods (for the general license it is not required);

the inventory, the list of completing elements for the shipped batch of individual goods;

the motivation of the goods price and economic expediency of the transaction, being coordinated with the higher organization (if it is available);

the conclusion issued by the subdivision of the Ministry of Finance of the Republic of Belarus supervising the branch to which the applicant pertains.

All copies of the document are certified by the signature and the seal of the applicant.

Responsibility for authenticity of the submitted documents and the declared in them information is imposed on the applicant.

If required, the Ministry of Finance of the Republic of Belarus has the right to require other documents.

22. The decision on giving consent to issuing license for export of certain types of the goods not containing precious metals and precious stones, or about refusal from giving consent is made by the Ministry of Finance of the Republic of Belarus based on the grounds of studying the documents submitted by the applicant within 15 working days since the day of submission of all required documents.

23. The reason for refusal from giving consent to issuing the license are:

absence of at least one document specified in clause 21 of these Instructions;

presence of incomplete or unauthentic information in the documents submitted for giving consent to issuing the license;

presence in the contract (agreement) of the provisions, obligations discordant or excluding each other;

wrong arrangement (presence of mistakes) in the documents specified in clause 21 of these Instructions;

violation of the international obligations of the Republic of Belarus in consequence of realization of the foreign trade contract ( agreement);

discrepancy of the prepared for shipment batch of the goods to the contract (the agreement);

in other events, if the terms of the contract violate the order for realization of foreign trade operations established in the Republic of Belarus.

The decision about refusal to giving consent to the license issuing must be motivated and submitted to the applicant in writing.

24. The applicant who received the license in accordance with the established order shall submit its copy into the Ministry of Finance of the Republic of Belarus within the three-day period.

 

* unofficial translation *