This is an archived page.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

EXPORT LICENSING PROCESS

An enterprise that seeks to export a particular controlled commodity must submit an export license application to the Ministry of Foreign Economic Relations (MFER).[48] The enterprise must provide the following documents as part of its export license application:

1. Four copies of a certified license application form indicating whether it is a "general" or "single use application;
2. the original as well as a copy of the export (import) contract;
3. certification that the license applicant has been authorized to engage export (import) activities;
4. documentation certifying the state registration of the enterprise;
5. documentation certifying the amount of the good or service and the country destination of the commodity or service;
6. documentation describing the rationale for the price of the transaction;
7. an international import certificate issued by an authorized government agency in the country of the end-user of the commodity or service. The import certificate must provide the following three guarantees:

The commodity cannot be re-exported without the written consent of Belarus.

The commodity itself, as well as any replicas of the commodity, will not be used in the development of weapons of mass destruction.

The commodity will not be used in any portion of the nuclear-fuel cycle that is not under IAEA safeguards.

In addition to the above mentioned documents, the MFER has the right to request any additional documentation. After all the proper documents have been filed, the MFER consults with other relevant ministries, and renders a decision on whether to grant an export license within 15 days. Other relevant ministries might include the Ministry of Defense, the Ministry of Foreign Affairs, the State Security Committee, the Academy of Sciences, the Ministry of Economy, and the State Committee for Industry. If additional review time is required, the review period can be extended for up to 10 additional days. There are two types of export licenses: a general license, covering a period of no more than twelve months, and a single license, which is issued to an enterprise for a single transaction. The transaction must be completed within a twelve-month period.

An export license can be refused for the following reasons:

Enterprises that produce military goods must obtain a license from the Ministry of Defense to develop, produce and sell controlled military items before they can apply for an export license. These enterprises must submit an application to MFER in order to export any of their goods in accordance with specific contracts. Sensitive items originating in the Russian Federation that are exported across the territory of Belarus require only a Russian export license. They do not require a separate transit license from Belarus.

The Belarusian legal system still has many characteristics of the Soviet legal system, which was designed to meet the needs of a command economy. Thus, under the existing criminal code, which dates back to 1984, it is not possible to prosecute violations of export controls as a criminal offense. Although a new criminal code is bring drafted, it is worth noting that a 1993 draft still did not provide criminal penalties for export control violations. At that time a draft export control law did not exist, and the drafters apparently did not believe that export control violations were worthy of criminal penalties.[49] The new draft export control law includes language that "violations of regulations for transfer of goods liable to control…shall incur administrative and criminal liabilities."

Sources:
[48] Council of Ministers Resolution No. 213, "On Measures to Improve the Regulation of the Export and Import of Commodities," December 1, 1994.
[49] CNS discussion with Belarusian nonproliferation specialist, March 1997.

Last updated July 1997

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