Non-tariff based foreign trade regulation in Belarus

Licensing
The Council of Ministers of the Republic of Belarus has determined the list of goods that are imported or exported on the basis of licenses issued by the Ministry of Trade as well as the nomenclature of goods that are exported on the basis of a special EU license for textile trade issued by the Ministry of Trade of the Republic of Belarus.

Residents of Belarusian free economic zones may export products of own manufacture without the need to obtain an export license.

 

Quotas
When making a decision on foreign trade quotas for goods the President of the Republic of Belarus or the Government of the Republic of Belarus determines the method and procedure of quota allocation.

 

Quotas are allocated on the basis that all participants of foreign trade activities are of equal status with respect to quota allocation and may not be discriminated for their form of ownership, place of registration and market share.

 

State's exclusive right to import certain types of goods
The state has exclusive right to import alcoholic products, tobacco materials and tobacco products with exception to the alcohol products, tobacco materials and tobacco products being brought to the territory of the Republic of Belarus in capacity of samples or exhibits by the organizers and participants of international exhibitions and trade fairs or being imported for the purpose of sale in duty-free shops. The state has exclusive right to export mineral or chemical potash fertilizers.

 

The exclusive right to import alcoholic products is realized through legal entities - successful applicants of the tenders.

 

The exclusive right to import tobacco materials is realized by Republican manufacturing unitary enterprise Grodno Tobacco Processing Plant "Neman" and limited liability company "Tabak-invest"; tobacco products - by Republican manufacturing and trade unitary enterprise "Belarustorg" of the President's Administration.

 

The exclusive right to export mineral and chemical potash fertilizers is realized by Republican unitary enterprise "Production Amalgamation "Belaruskali" and Open Join Stock Company "Belarusian Potash Company".

 

Procedures applicable to specific goods (work and services) subject to export control
Export control should be regarded as establishment and realization of administration procedure for the import, usage, transit and export of goods subject to control.

 

Specific goods, work and services subject to export control in the Republic of Belarus include:
- Goods, technologies and services stipulated by the international treaties and obligations of the Republic of Belarus related to international and national security;
- Chemical substances (toxins), microorganisms (viruses, bacteria), appliances, technologies and services, which may be used for development and production of chemical, bacteriological (biological) weapons;
- Goods, technologies and services related to nuclear fuel cycle and production of nuclear materials that could be used to create nuclear weapons and nuclear explosive devices;
- Goods, technologies and services that could be used to create weapons of mass destruction delivery vehicles;
- Weapons of mass destruction and weapon-delivery vehicles;
- Military goods;
- Dual-use goods and technologies;
- Cryptographic devices (work, services) including cryptographic equipment and special technical products designed for covert acquisition of information.

 

Foreign trade transactions involving goods subject to export control (specific goods, work and services) are performed on the basis of the standard licensing, export and import procedures provided by the President of the Republic of Belarus.

 

Special protective, antidumping or compensatory measures
Special protective, anti-dumping or compensatory measures may be introduced in order to protect economic interests.
1.    Special protective measures are applied with respect to the import into the customs territory of the Republic of Belarus of goods in quantities or under conditions that damage or could damage domestic manufacturers of similar or competing goods.
2.    Anti-dumping measures are applicable with respect to the importation into the customs territory of the Republic of Belarus of goods at prices lower than those normally applied in the country of origin at the moment of import if the import of such goods damages or could materially damage domestic producers of similar goods or impede the organization or expansion of production of similar products in the Republic of Belarus.
3.    Compensatory measures are applicable in the event of the import into the customs territory of the Republic of Belarus of goods whose manufacture or export was directly or indirectly subsidized if the import of such goods damages or could materially damage domestic producers of similar goods or impede the organization or expansion of production of similar products in the Republic of Belarus.

 

Special protective, anti-dumping or compensatory measures may be introduced only after the investigation has been conducted in accordance with the legislative acts of the Republic of Belarus. The Law of the Republic of Belarus of 25 November 2004 On Measures to Protect the Economic Interests of the Republic of Belarus in Foreign Trade in Goods.