This is an archived page. Please visit the new Belarus country profile

BELARUS: OTHER EXPORT CONTROL RELATED LEGISLATIVE ACTS AND EXECUTIVE DECREES

LEGISLATIVE ACTS

1. Law on Export Controls (DRAFT)

Export controls are currently regulated by a set of executive branch decrees. The export control law will provide a legislative basis for export controls that will define a set of general principles, basic terms and the responsibilities of various governmental bodies in the export control sphere. It will also define the specific categories of items subject to export controls. The draft law was approved by the Interdepartmental Commission on Control of Imports and Exports of the Security Council in June 1996. It is currently awaiting approval in the President's Office, after which the Council of Ministers will forward it to the National Assembly. It is possible that the draft law will be reviewed in the Fall 1997 session of the National Assembly.

2. Customs Code of the Republic of Belarus, Section I and Section II, Law of the Republic of Belarus, 2/3/93.

This law has three main sections with sixty-three articles. The first section entitled "Customs Politics and State Customs Inspection," and has the following three chapters:

Chapter 1, General Provisions;

Chapter 2, Customs Bodies of the Republic of Belarus;

Chapter 3, Officials of Customs Bodies of the Republic of Belarus and their Legal Status.

The second section is entitled "Movement of Things Across The Customs Border of the Republic of Belarus," and contains the following chapters:

Chapter 1, Procedure of Movement of Things Across the Customs Border of the Republic of Belarus;

Chapter 2, Customs Treatment For Things Being Moved Across The Customs Border of the Republic of Belarus.

Section Three is entitled "Customs Operations," and is comprised of the following chapters:

Chapter 1, Customs Clearance;

Chapter 2, Customs Inspection;

Chapter 3, Customs Duties and Customs Fees;

Chapter 4, Procedures For Customs Statistics.

EXECUTIVE DECREES

1. Decree No. 386, 10/16/91, "On Regulations Governing Exports and Imports."

THIS DECREE IS NO LONGER IN FORCE. This decree outlined the procedure that enterprises must follow in order to obtain an export license.[68]

2. Decree No. 50, 2/3/92, "On the Setting of Quotas and Licensing of Exports and Imports of Belarus Commodities on the Territory of Belarus."

THIS DECREE IS NO LONGER IN FORCE. This decree appears to have been superseded by Decree No. 516.[69]

4. Council of Ministers Resolution No. 782, 12/28/92, "On State Regulation and Control of External Economic Activity."

This decree gives the Ministries of Justice, Internal Affairs, and Finance, and the Customs Committee, the State Committee for External Economic Relations (which later became the Ministry for Foreign Economic Relations), the State Committee for Economic Planning, the State Property Administration, and the State Security Committee (KGB) responsibility for completing specific tasks necessary for the establishment of an efficient system of setting quotas and issuing export licenses.

Council of Ministers Resolution No. 82 2/19/93, "On Measures To Limit the Transfer of Hazardous Items and Materials Across the Border of the Republic of Belarus."

This decree requires that enterprises obtain special permission before importing, exporting, or transporting goods hazardous to the life and health of citizens through the territory of Belarus. These goods include weapons, explosive materials, narcotics, and other substances dangerous to the life and health of citizens. The Ministry of Foreign Affairs, the Ministry of Health Care, and the State Committee for Supervision of Nuclear and Industry Safety (Gospromatomnadzor) are tasked with establishing the procedure for issuing such permissions.

Council of Ministers Resolution No. 344, 5/25/93, "On a Unified System for Establishing Quotas and Issuing Licenses for the Import and Export of Commodities [Goods/Services] on the Territory of the Republic of Belarus. "

THIS RESOLUTION IS NO LONGER IN FORCE. This decree outlines the export and import licensing procedures for all enterprises in Belarus. Previously, this was the main export control act in Belarus. Additionally, Appendix two of this decree enumerates the list of licensed products that require the governmental permission for foreign trade operations; the list of goods (works and services) that can be exported only with licenses from the State Committee on External Relations; and the list of goods produced in Belarus that are prohibited for export.[71]

Council of Ministers Resolution No. 733, 10/26/94,"On Responsibility for Violations of the Procedures for Following Quotas and Obtaining Licenses to Export and Import Goods [Works and Services.]"

This decree lists the penalties involved for various violations of the licensing regime. Penalties range from 10 percent of the value of the contract for minor infractions, to the amount of the contract for failure to obtain a license. The Department of Economic Control of the Council of Ministers is responsible for the collection of penalties.

Decree of The Russian Federation President No. 525 5/25/95, "On Abolishing Customs Control On The Russian Federation's Border With The Republic Of Belarus."

This decree eliminates customs control on the Russian side of the Belarus-Russia border.

Decree of the President of the Republic of Belarus No. 208, 5/30/95, "On the Canceling of Customs Control on the Border of the Republic of Belarus with the Russian Federation."

This decree eliminates customs control on the Belarus side of the Belarus-Russia border, and tasks the Belarusian State Customs Committee to work with customs bodies in the Russian Federation to establish joint customs control on the external borders of the two countries.

Decree of The Russian Federation Government No. 583, 6/23/95, "On Measures To Implement Russian Federation Presidential Decree No. 525 of May 25, 1995."

Sources:
[68] "Export Control in Belarus: Trends of Evolution," (Minsk, 1994), paper prepared by Ural Latypov for the Monterey Institute of International Studies, p. 9. See also: Leonard Spector and William Potter, Nuclear Successor States of the Soviet Union. Nuclear Weapon and Sensitive Export Status Report, A Cooperative Project of the Carnegie Endowment for International Peace and the Monterey Institute of International Studies, May 1994.
[69] CNS correspondence with Belarusian nonproliferation specialist, September 1992.
[70] "Export Control in Belarus: trends of evolution." (Minsk, 1994), paper prepared by Ural Latypov for the Monterey Institute of International Studies, p. 9.
[71] "Export Control in Belarus: Trends of Evolution," (Minsk, 1994), paper prepared by Ural Latypov for the Monterey Institute of International Studies, p. 9. CNS correspondence with Belarusian export control specialist, June 20, 1995.

NIS Nuclear Profiles Database
© 1998, 1999; All Rights Reserved

This material is produced independently for NTI by the Center for Nonproliferation Studies at the Monterey Institute of International Studies and does not necessarily reflect the opinions of and has not been independently verified by NTI or its directors, officers, employees, agents. Copyright © 2002 by MIIS.

HOME  |  CONTACT US  |  SITE MAP