|
To get knowledge on cross-Republic of Belarus transit
- About legislation
Belarusian tariff legislation provides regulations harmonized with those of neighborhood states. They are assured by the Republic of Belarus membership to the foremost international Conventions regulating customs and transport terms and conditions. These are TIR-CARNET and ATA Conventions; SMGS Agreement, etc.; the list as well as the specification of statutory acts on transit procedures are listed in Sections 6.
- About border crossing control
Belarusian border crossing occurs at frontier gate-points established in accordance with intergovernmental agreement between the Republic of Belarus and neighbor states. These checking units realize apart form customs control, transport, phytosanitary and veterinary control as per common regulation adopted for border checking. It is necessary to underline that the Republic of Belarus is a Contracting Party of the International Convention from 1982, On co-ordination control procedure of cargo at frontiers.
- To carrier dispatchers-forwarders
The Republic of Belarus recognizes free transit concept that constitutes the basis of Customs Code, and puts it into practice. The Decree of the President of the Republic of Belarus N.168 On Realization of free transit principle in the Republic of Belarus was passed in March 2006 for this purpose; it creates all the requirements of WTO set in Art.V GATT.
Transit movement of goods through the Republic of Belarus is realized under Customs authorization and Customs supervision that is considered to be a world adopted practice.
Being the participant of common conventions on international transit, the Republic of Belarus acknowledges and provides for the forwarder any available transit procedures, in particular: TIR-CARNET, ATA, CMGC or CIM/CMGC. In case the carrier does not utilize international transit systems, he can adopt Belarusian national procedure, i.e. document of controlled delivery drawn at frontier check point.
About transit documents
In case of international transit terms and conditions, the Belorusian transit declaration is not requested, and carriage is accompanied with the following documents:
- TIR-CARNET book;
- TIR-Carnet;
- Railroad bill of lading;
- Uniform railroad bill of lading CIM/CMGC.
Said documents should be made in accordance with Convention regulations that put them into force (e.g. Convention TIR-CARNET). In case the carrier does not utilize international transit systems, he can adopt Belarusian national procedure, i.e. document of controlled delivery hereabove.
The documents hereabove are completed with commercial and shipping documents provided the latter are not transit customs documents (i.e. customs declarations as CMGC). In particular:
- CMR and CMGC;
- Invoice, Pro-Forma, packing list, specifications;
- License for vehicle (container) to forward under seals and stamps if the goods should be forwarded in sealed cargo wagons;
- If necessary, documents to identify the goods (drawings, photos, dimensioned pictures, illustrations, etc.) in case the forwarded goods cannot be identified with the help of customs seals nor identification marks.
Requirements to documents and information
The goods in transit are subject to the inspection by Customs authorities of the Republic of Belarus within the limits of requiring the information to identify the goods and their quantity for customs purpose only. The information thereof is referred to the description or designation of goods, their quantity and gross weigh, either the number of freight places.
Any other information is intended to be of informational type for customs authorities, and shall be verified via identification of the availability in shipping documents without additional control.
In case shipping documents are lack of cargo the name and address of the forwarder, consignor, consignee, good value, customs commodity codes within at least the first four digits, place and date of issuing international bill of lading, the carrier can follow the procedure of customs supervision freight only under customs convoy (escort), otherwise the carrier is notified in written to present documents containing the data stated above. If the carrier does not present within 3 hours the data containing the information hereabove, the freight shall be authorized only under customs convoy. If within 8 hours after that the carries does not receive the authorization for freight under customs convoy and customs supervision, such goods and vehicles are considered to be sent back to the territory of the neighbor state.
If the documents presented by the carrier are lack of information on the number of freight places, designation of goods for identification and classification as per Commodity Classification of foreign-economic activity of the Republic of Belarus, gross weigh of goods, the carrier should be demanded in written form to present documents containing the data stated above. If the carrier does not present within 3 hours the data containing the information hereabove, such goods and vehicles are considered to be sent back to the territory of the neighbor state.
Customs inspection of transit goods is realized by customs authorities under the conditions thereunder:
failure to contain identification means (seals and stamps) or the discrepancy between seal and stamp marking and that indicated in the documents presented by the carrier for motor vehicles, vehicle train or containers;
damage of cargo integrity of the motor vehicle (container);
no marks (seals, stamps) of interim customs in TIR-CARNET book;
no signatures or stamps (seals) of the consignor or forwarder in CMR;
available information on preparing, being implicated in or committed crime or tort in customs duty, information received from law machinery comprised;
availability of expungements and/or amendments in shipping documents, not attested in accordance with established order by the carrier and/or consignor;
in case, the obligatory customs inspection is ascertained as per legislation of the Republic of Belarus;
ascertainment of the discrepancy in documents presented by the carrier for customs purpose, the information on the description of goods, their quantity and gross weigh, and the number of cargo places;
ascertainment of non-availability in documents presented by the carrier for customs purpose the information on state registration number of the motor vehicle, the discrepancy between the number of the motor vehicle indicated in vehicle registration document and the actual number on the vehicle.
The period of customs inspection should not exceed 24 hours from reaching the decision to execute it.
In order to avoid the delay due to customs clearance and inspection, the carriers should remember that in certain cases stipulated in TIR-CARNET Convention, shipping and commercial documents referred to in TIR-CARNET book, should be attached respectively herewith. Particular attention should be also paid to the period of TIR-CARNET book validity as TIR-CARNET Convention states said book cannot be presented to customs of the departure if exceeded said period; if the case hereabove has been revealed, the forwarding of goods in the territory of the Republic of Belarus is realized only under the national conditions adopted herewith. Besides, the carriers shall execute with care shipping documents and shall further assure the signatures and stamps of the consignor and consignee in international CMR, the place and the date of issuing it herewith. If requested, the carrier should have available vehicle registration document to present it under the customs officer demand.
See Provision of State Customs Code of the Republic of Belarus from 08/07/2004 N.56 for details on requirements for documents and information.
About financial guarantees, embargo and restrictions
The common regulation for all the states, Republic of Belarus adjoined, under transit conditions is that taxable goods transit is possible provided the discharge of tax is guaranteed in case of violation of transit procedure.
Financial guarantees can be executed by deposition of money, by contract of guarantee or by presenting indemnity certificate.
The adoption of international systems (TIR-CARNET, ATA, rail traffic either accompanied by CMGC and CMR/CMGC) is beneficial as in this case the Belarusian customs authorities do not request from the carrier financial guarantees nor drawing national customs document as TIR-CARNET books and Cornet TIR provide an international operative financial guarantee, and rail traffic is warranted by liable administration of railways.
About violation of transit procedures and convoy
With the purpose to meet duly TIR-CARNET Convention regulations towards carriers, violated said procedure, convoy in the territory of the Republic of Belarus for motor vehicles can be executed on the basis of art.23 of Convention. The convoy is applied in case the carrier does not clear his liabilities due to the violation thereof. The extension is lifted after the payment of customs duty or written conformation of transit goods exportation outside the Republic of Belarus. Claim settlement with customs authorities advises the carrier to revert to any customs or chief customs body and present appropriate documents.
Remember that as per current legislation of Belarus referred to certain commodity groups in transit, the convoy is obligatory and is executed by the units of the Ministry of Internal Affairs (in case of motor vehicle) and by paramilitary command of the Belarusian railway (in case of rail traffic). Said commodities are as follows:
-alcoholic products;
-inedible spirit-based products and inedible ethyl alcohol crossing the territory of the Republic of Belarus, imported (intended for exportation) by legal entities to the customs supervision zone of the Republic of Belarus from the customs supervision zone of the states-members of the Agreement on Customs Union and common free market zone from February 26, 1999;
- alcoholic inedible spirit-based products and inedible ethyl alcohol crossing the territory of the Republic of Belarus as per customs regulation of transit or under customs supervision to the Russian Federation.
About trans-shipment
Trans-shipment in the territory of the Republic of Belarus is allowed for the goods if it is envisaged by terms of shipment. In this case, stipulating the contract between consignor and temporary warehouse owner is obligatory except the case of accidents, damage of vehicle, that forward the goods, or force majeur conditions.
- Transit nature
In 1995 The Republic of Belarus stipulated the Agreement with the Russian Federation on Customs Union; customs authorities of the Republic of Belarus based on the Agreement hereabove do not apply customs inspection or clearance of neither goods nor vehicles at Belarusian-Russian frontier points. On the side of the Republic of Belarus they perform only transport inspection at said point.
Moreover, on the side of the Russian Federation on the side of the Russian Federation they founded at said frontier NRP (notification receipt point ППУ) where the Russian custom authority performs customs inspection and clearance of goods and vehicles crossing the frontier. The carriers should remember that only five entry points are intended for material handling under the regulation TIR-CARNET, in particular, NRP: Krasnoye, Rudnya, Ponyatovcka, Novosybkovsky, and Nevelsky. Material handling at these five points is obligatory under convoy in the Republic of Belarus.
In Customs Union the custom executive bodies of the Republic of Belarus establish transit procedure not to Belarusian but to Russian customs of destination. For its turn, Russian custom authorities establish transit procedure and indicate customs of destination to Belarusian authority. Data exchange between Belarusian and Russian customs consents to control successfully material handling across the territory of Customs Union.
- To persons crossing the borders
Entrance to the Republic of Belarus is subject to customs inspection of personal property (accompanied baggage) and motor vehicles.
About documents for customs purpose
Persons, crossing Belarus in transit, should complete passenger declaration; the modules are available at entry points or handed directly in trains. The declaration requests minimum personal data, goods, currency and vehicles; it is easy to be completed in 3-5 minutes.
No clearance documents are issued for transit vehicles registered in the country of temporary or permanent residence if they were manufactured f less than 7 years ago. The period of permanency of such cars in the territory of Belarus is controlled with the marks of customs in persons’ passport. While importing the cars which period form the date of manufacture exceeds seven years, the custom officers issue entry certificate for the vehicle that is valid for multi crossing the border within the period indicated.
Transit vehicles without registration in the state of temporary or permanent residence of the person should be cleared in departure customs, and said document should be available for customs control at entry points to the Republic of Belarus.
About duty tax and commodity carriage regulations
Goods not intended for commerce provided the weigh not to exceed 50 kg, are duty free. Customs value of said goods should not exceed EUR 1,000.0, and of the goods are indivisible, it’s NMT EUR 1,200.0.
The list of the goods above is as follows: NMT 1L of strong drinks, 1L of beer, 200 pcs. of cigarettes or 200 g of tobacco or other tobacco goods per person come of age; NMT 5 pcs. of jewelry per person; 1 pc. of wristwatch; 3 types of clothes made of genuine leather and/or of fur; 4 tires for motor vehicles.
Further it should be stressed that certain commodity groups are imposed to duty tax irrespective of their customs value not the weigh: furniture, bodies, trailers, certain construction materials, gas- and electric stoves, air funnels, kitchen machines, sanitaryware items, refrigerators, deep-freezers, dishwashers, laundry washers, sewing-machines, videotape recording equipment, TV sets, computer monitors LCD.
As for food, it’s permitted per person to take the following:
- from member-states of CIS subject to seasons:
from June 1st through October 31 total weigh 30 kg inclusive;
from November 1 through May 31 total weigh 50 kg inclusive
- from non members of CIS total weigh 5 kg inclusive.
About customs duty for motor vehicles, guarantees and their restitution
Duty free and without financial guarantees are permitted to be handled one motor vehicle and trailer registered in the country of temporary or permanent residence of the person handling said vehicle.
Motor vehicles without registration are considered as commodities, and their transit handling across customs zone of the Republic of Belarus is permitted with the assurance of duty tax payment (financial guarantees) at the amount subject to the year of manufacture of the vehicles:
- 3 years and less in the amount equal to EUR 1,500.0;
- over 3 years and under 10 years inclusive, (cubic) capacity under 2,500.0 sm2 in the amount equal to EUR 500.0;
- over 3 years and under 10 years inclusive, (cubic) capacity 2,500.0 sm2 in the amount equal to EUR 1,500.0;
- over 10 years and under 14 years in the amount equal to EUR 1,500.0;
- 14 years and more in the amount equal to EUR 3,000.0.
Deposited guarantee amounts shall be reimbursed by Belarusian departure customs o the customs of destination to the person subject to his application, documents confirming vehicle delivery to the point of destination and their import outside the Republic of Belarus. The sums can be reimbursed directly to the person in cash or transferred to the indicated bank account.
- Legal provision
List of standard acts of the Republic of Belarus to govern transportation in trade turnover
Customs Code of the Republic of Belarus (Capital 22)
Decree of the President of the Republic of Belarus from March 20, 2006 N.168 On execution of free transit terms in the Republic of Belarus
Regulation of CM RB from November 29, 2005 N.1346 On vehicle handling intended for international freight across Belarusian-Russian border
Order of GTK (State Customs Committee) of the Republic of Belarus from July 8, 1998 N.2450OD On goods transportation under customs surveillance
Order of GTK (State Customs Committee) of the Republic of Belarus from June 16, 1995 N.163 On approving Regulation on Customs Convention execution referred to international transportation of goods accompanied with TIR-CARNET books
Order of GTK (State Customs Committee) of the Republic of Belarus from July 15, 1998 N.256-OD On Regulation on Customs Convention execution of TIR-Carnet for temporary import of goods and Convention for temporary import
Order of GTK (State Customs Committee) of the Republic of Belarus from June 10, 1996 N.184-OD On introduction of interaction methods between custom authority of the Republic of Belarus and Belarusian railway in clearing the goods in transit by rail freightage
Regulation of GTK (State Customs Committee) of the Republic of Belarus from May 25, 2004 N.44 On approving Regulation on specific customs clearing and inspection of goods in transit by rail freightage across the territory of the Republic of Belarus
Regulation of GTK (State Customs Committee) of the Republic of Belarus from April 8, 2004 N.56 On approving Regulation on specific customs inspection of goods transported by motor vehicles
Regulation of GTK (State Customs Committee) of the Republic of Belarus from September 2, 2002 N.81 On itinerary of vehicles to the Russian Federation
Regulation of GTK (State Customs Committee) of the Republic of Belarus from October 26, 2000 N.69 On measures assuring payment of duty tax
Regulation of GTK (State Customs Committee) of the Republic of Belarus from November 1, 2005 N.75 On executing custom convoy for transportation of goods under TIR-CARNET procedure
Regulation of GTK (State Customs Committee) of the Republic of Belarus from June 21, 2002 N.41 that approved Regulation On specific customs clearing under combined transportation of goods.
List of standard acts of the Republic of Belarus to govern transportation in non-trade turnover
Customs Code of the Republic of Belarus
Decree of the President of the Republic of Belarus from February 5, 2001 N.57 On approving Regulation for handling goods not intended for manufacturing or other commercial activities by individual persons across customs border of the Republic of Belarus
Decree of the President of the Republic of Belarus from August 8, 2006 N.507 On development of inspection of individual persons crossing the border of the Republic of Belarus, and of goods and vehicles not intended for manufacturing or other commercial activities
Regulation of GTK (State Customs Committee) of the Republic of Belarus from February 26, 2002 N.10 On registration and control of goods and vehicles delivery handled by individual persons across the customs border of the Republic of Belarus
List of international customs agreements of the Republic of Belarus adopted for transit formalities
Customs Convention On international goods transportation under the condition of TIR-CARNET book, 1975
Convention On temporary import, 1990
Customs Convention On TIR-Carnet for temporary import of goods, 1961
Agreement On international rail freightage (CMGC), 1951
Convention On the agreement of international road transportation of goods (KDPG/CMR), 1956
Customs Convention On containers, 1972
International Convention On coordination of terms for goods inspection at the borders, 1982
International Convention On harmonized system of the description and tariff for the commodities, 1983 |
