УКАЗ ПРЕЗИДЕНТА РЕСПУБЛИКИ БЕЛАРУСЬ

Edict of the President of the Republic of Belarus

No 66 of January 31, 2006
[Amended as of January 3, 2014]

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 Republic of Belarus shall ensure bringing the acts of legislation in compliance with this Edict and take other measures necessary for its implementation.

4. This Edict enters into force in 30 days from the day of its official publication.

 

President of the Republic of Belarus

A. Lukashenko

 

 

APPROVED

Edict of the President

of the Republic of Belarus No. 66 of January 31, 2006 (as edited by Edict of the President of the Republic of Belarus No. 9 of January 5, 2012)

 

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 FEZ for which the FCZ limits are determined under the established procedure;

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 may not comply 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 to determine a FCZ consisting of separate territories, structure (premises) located at a distance from each other, provided that that they are located within the boundaries of the FEZ territory, are in compliance with the requirements established by these Regulations and have a control and admission regime.

The procedure for obtaining the assent 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 FEZ with regard to the particularities of the FCZ;

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 FEZ administration about the determination of the limits of the FCZ.

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 FEZ, including in connection with expiry of its functioning period;

10.2. upon abolition of the FCZ by the decision of the FEZ administration in consultation with the customs body, made:

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 FEZ resident under the procedure determined by the legislation of the Republic of Belarus;

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;

in other instances of impossibility to preserve the FCZ in accordance with legislative acts of the Republic of Belarus.

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 FEZ administration on abolition of the FCZ, placement of goods under the customs procedure of free customs zone for location in that FCZ is not allowed.

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.

 

 * unofficial translation *

 

 

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