Negotiations on forming EAEU common energy markets held in Minsk

Export control measures refer to prohibitions and restrictions that must be complied with when goods cross the customs border of the Eurasian Economic Union (hereinafter referred to as the EAEU) and are placed under customs procedures.

According to the Law of the Republic of Belarus No. 363-Z of May 11, 2016 "On Export Control" (hereinafter referred to as the Law), export control is a set of measures ensuring the implementation of a licensing procedure for the import, export, transit, and use of export-controlled items and for conducting intermediary activities in relation to them.

Export-controlled items include:

specific goods (works, services), the lists of which are approved by the Resolution of the State Military Industrial Committee of the Republic of Belarus and the State Customs Committee of the Republic of Belarus No. 15/137 of December 28, 2007;

goods, information, works, services, and intellectual property results not included in the lists of specific goods (works, services), for which legal entities and individuals are obliged to obtain a permit from the interdepartmental export control body in accordance with Part Two of Article 21 of the Law for foreign trade or intermediary activities.

Among specific goods, dual-use goods, military products, and goods controlled in the interests of the national security of the Republic of Belarus are distinguished.

A licensing procedure for export applies to all export-controlled items, and a licensing procedure for import applies to military products and goods controlled in the interests of the national security of the Republic of Belarus.

When export-controlled items are moved across the customs border of the EAEU, compliance with export control measures is confirmed by presenting to the customs authority a license issued by the State Military Industrial Committee (hereinafter referred to as the Goscomvoenprom) or another permit document provided for by export control legislation. The number and date of the permit document must be indicated in the customs declaration.

It should be noted that for the purposes of export control, legal entities and individuals intending to import or export goods are obliged to identify them by description, technical characteristics, as well as the unified Commodity Nomenclature of Foreign Economic Activity of the EAEU. In case of impossibility of unambiguous identification of goods, legal entities and individuals have the right to apply to the State Military-Industrial Committee, which is responsible for organizing the identification process.

In the event that during customs operations concerning declared goods, the customs authority has reasonable doubt about the correctness of their classification (non-classification) as specific goods (works, services), the customs authority shall apply to the State Military-Industrial Committee.

The results of the identification are used by legal entities and individuals to determine the necessity of obtaining relevant permits for carrying out activities with goods.

In conclusion, we inform you that specific goods cannot be classified as goods for personal use.