National legal Internet portal of the Republic of Belarus. Restrictions on foreign parcels. The fixed idea has become a reality. Just like a person who moves to Belarus
14.04.2016Changes are regulated by the Decree of the President of the Republic of Belarus dated February 11, 2016 No. 40, which amended the Decree of the President of the Republic of Belarus of July 21, 2014 No. 360 “On the movement of goods for personal use across the customs border of the Customs Union in the Republic of Belarus.”
Who will have to pay the fee?
A citizen who, within one month, has received a parcel or several, the total value of which exceeds 22 euros and/or total weight exceeds 10 kg. These limits do not apply to ethyl alcohol, alcoholic drinks, beer - sending them by mail, as before, is prohibited.
Those who travel abroad more than once every three months and, upon returning to Belarus, import goods whose total cost exceeds 300 euros and/or whose total weight exceeds 20 kg will also have to pay. According to statistics from Belstat and the State Customs Committee, in 2015, only 30% of citizens entering Belarus declared goods worth over 300 euros, which means that the majority, even after the entry into force Decree No. 40 You most likely won't have to pay anything.
The quantity of goods imported or received by mail from abroad does not play any role; customs pays attention to the total value and total weight. If we are talking about a parcel, delivery charges are not included in the customs cost.
How is the cost of a product and the date of its receipt determined when sent by mail?
The customs value is calculated based on the amount indicated by the sender on the envelope. If it is not indicated or its reliability is in doubt, then, as explained by the press service of the State Customs Committee, the cost estimate is given directly at customs. For example, they use catalogs that contain similar products with prices.
The date of receipt of the parcel is not the day when you decided to pick up the parcel at the post office, but the day when the parcel was in temporary storage at customs.
Be careful: if you ordered a parcel before April 14, 2016, but it arrived at the Belarusian customs after this date, that is, from the date of Decree No. 40, and it costs more than 22 euros or weighs more than 10 kg, you will have to pay a duty. Decree No. 40 comes into force only two months after the official publication - so that citizens who previously ordered parcels more than 22 euros or heavier than 10 kg have time to receive them before the new limits come into effect and do not pay a fee.
What exceptions to the payment of duties are provided for the import of goods?
If you are traveling by plane, you do not need to pay duty on purchased goods, even if they do not fit within the limit - it is believed that the risk of importing goods in this case is minimal.
Used goods previously exported from the country are not subject to duty: if you take a phone, camera, laptop and other things with you when traveling abroad, you will not be required to pay duty when returning home.
Also, those who move to Belarus for permanent residence and refugees do not pay the duty upon presentation of the relevant documents when entering goods in accompanied luggage. If there are no such documents, the goods can be stored at the place of residence and the documents can be provided later, within 60 days from the date of registration of the documents.
Do I need to pay duty on goods if they are not purchased but received as a gift?
The norms of Decree No. 40 apply to all goods imported into Belarus for personal use; accordingly, gifts received by mail or imported from abroad will also have to pay a duty if the price and weight limits are exceeded:
“Otherwise, everyone will say that this or that product was not a purchase, but was received as a gift,” explained the press service of the State Customs Committee.
How is the duty calculated and paid?
For exceeding the limits you will have to pay 30% of the cost of the goods, but not less than 4 euros for each kilogram. The duty is calculated not on the entire cost of the goods, but on the portion that exceeds the limit. For example, when receiving a parcel worth 50 euros, a 30% duty will be calculated on the excess of 28 euros (50 euros cost of the goods minus 22 euros limit).
When importing goods, duty is paid at the border. When they are received by international mail, an invoice for payment of the duty will be issued directly at the post office upon receipt of the parcel.
Why have the limits on goods from abroad been reduced so significantly?
– The reason for taking measures to reduce the limits was a significant increase in the volume of import of goods on a commercial scale to individuals without paying customs duties. The decree was adopted in order to create a barrier to the movement of commercial consignments of goods by individuals, the press service of the State Customs Committee of the Republic of Belarus reported.
According to statistics from the State Customs Committee, over the past three years the number of parcels from abroad has increased sixfold. In 2013, Belarusians received 1.9 million foreign parcels, in 2014 – about 6.3 million, in 2015 – already 11.8 million. At the same time, only 10% of Belarusians receive parcels from abroad.
Number of impressions: 1904
RESOLUTION
Moscow
Case No. A40-159054/2014
The operative part of the resolution was announced on 02/04/2016
The full text of the resolution was made on 02/11/2016
Arbitration Court of the Moscow District
consisting of:
presiding judge Vlasenko L.V.,
judges: Zvereva E.A., Komolova M.V.,
when participating in the meeting:
from persons participating in the case: did not appear, were notified,
having considered the cassation appeal of Valentina Vasilievna Adonyeva at a court hearing on 02/04/2016
for determination dated September 14, 2015
Arbitration Court of the City of Moscow,
passed by judge P.A. Markov,
to the resolution of November 10, 2015
Ninth Arbitration Court of Appeal,
accepted by judges Nagaev R.G., Okulova N.O., Solopova E.A.,
according to the application of Valentina Vasilievna Adonyeva to include a penalty in the amount of 1,132,678 rubles. to the register of claims of the debtor's creditors,
within the framework of the bankruptcy case of Advanced Technologies LLC,
INSTALLED:
Determination of the Arbitration Court Krasnodar region dated May 26, 2014, the application of Stroy-Ka LLC to declare Advanced Technologies LLC (hereinafter referred to as the debtor) insolvent (bankrupt) was accepted for processing.
By the ruling of the Arbitration Court of the Krasnodar Territory dated September 1, 2014, the rules of paragraph 7 of Chapter were applied when considering the case. 9 of the Federal Law of October 26, 2002 No. 127-FZ “On Insolvency (Bankruptcy)” (hereinafter referred to as the Bankruptcy Law), the case was sent for jurisdiction to the Arbitration Court of the city of Moscow.
By the ruling of the Moscow Arbitration Court dated October 6, 2014 in case No. A40-159054/2014, proceedings were initiated on the said application.
By the ruling of the Moscow Arbitration Court dated May 20, 2015, a monitoring procedure was introduced in relation to the debtor, a temporary manager M. M. Pisarenko was approved, the corresponding message was published in the Kommersant newspaper dated June 11, 2015 No. 102.
On July 2, 2015, the Moscow Arbitration Court received an application from Valentina Vasilievna Adonyeva (hereinafter referred to as V.V. Adonyeva) to include a penalty in the amount of RUB 1,132,678 in the register of creditors’ claims of the debtor. included in the third stage of the register of creditors' claims.
By the ruling of the Moscow Arbitration Court dated September 14, 2015, upheld by the ruling of the Ninth Arbitration Court of Appeal dated November 10, 2015, the claims were denied.
As can be seen from the text of the appealed judicial acts, the applicant’s demands are justified by the fact that the debtor violated the terms concluded between him and V.V. Adonyeva. agreements dated December 30, 2011 No. P3-5/25-31.52, No. P3-5/34p-16.7 on shared participation in the construction of an apartment building at the address: Moscow region, Naro-Fominsk district, village. Pervomaiskoe village, village Pervomayskoye, between st. Tsentralnaya and Parkovaya, namely clause 5.1.11 - on the timing of the transfer to participants in shared construction of a shared construction project in a completed apartment building, in connection with which the applicant was assessed a penalty in the declared amount.
In refusing to satisfy the stated demands, the courts proceeded from the fact that the deadline for transfer of the shared construction project, provided for in clause 5.1.11 of the agreements, had not arrived.
As the courts have indicated, the deadline for transferring a shared construction project is determined by clause 5.1.11 of the agreement, which is clear, understandable, does not allow for ambiguous interpretation and contains all the necessary information for calculating the period provided for in Art. Art. , Civil Code Russian Federation(hereinafter referred to as the Civil Code of the Russian Federation); There is no other period than established by clause 5.1.11 of the agreement; there are no agreements signed by the parties to change the period specified in the agreement in accordance with Part 3 of Art. Law No. 214-FZ “On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation” was not concluded.
Having disagreed with the judicial acts adopted on the dispute, Adonyeva V.V. appealed to the Arbitration Court of the Moscow District with a cassation appeal, in which she asks the court's ruling and ruling to be canceled and a new judicial act to be adopted on the dispute to satisfy the claims.
In support of his arguments, he refers to the discrepancy between the courts' conclusions and the factual circumstances and evidence presented in the case file, and insists on the erroneousness of the courts' conclusions about the absence of violations regarding the timing of the transfer of the property on the part of the developer.
A response was received from the temporary manager of the debtor containing objections to the arguments of the cassation appeal, as well as a petition for its consideration in his absence.
The persons participating in the case and duly notified of the time and place of consideration of the cassation appeal did not send their representatives to the cassation court, which, by virtue of Part 3 of Art. Arbitration procedural code of the Russian Federation (hereinafter referred to as the Arbitration Procedure Code of the Russian Federation) does not prevent the consideration of a cassation appeal in their absence.
Having studied the case materials, discussed the arguments of the cassation appeal and objections to them, checked in accordance with Art. the correctness of the application of the rules of substantive and procedural law by the courts of first and appellate instances, the compliance of the courts' conclusions with the circumstances established in the case, as well as the evidence available in the case materials, does not find grounds for canceling the ruling and ruling of the courts in connection with the following.
The courts of both instances, having examined and assessed the evidence presented by the parties, as well as the arguments and objections of the persons participating in the case, in their entirety, guided by the provisions of the current legislation, correctly defined the disputed legal relations, clarified with sufficient completeness the circumstances that are significant for the case, came to a justified and the legitimate conclusion that the deadline for transfer of the shared construction project, provided for in clause 5.1.11 of the agreements, had not arrived, and therefore the claims in the declared amount were refused.
The cassation court has no grounds for re-evaluating these conclusions.
The arguments of the cassation appeal are based on an incorrect interpretation of the law, similar to the arguments of the appeal, which were the subject of consideration in the appellate court and were rejected, with which the cassation court agrees.
The arguments of the cassation appeal, which essentially boil down to a repetition of allegations examined and rightfully rejected by the arbitration courts of the first and appellate instances, cannot serve as a basis for the cancellation of the appealed judicial acts, since they do not indicate a violation of the rules of substantive and procedural law by the courts, but only indicate disagreement with the assessment courts of evidence.
The cassation court does not have the right to re-evaluate evidence and establish other circumstances that differ from those established by lower courts, in violation of its competence under Art. Art. , .
Rules of procedural law, non-compliance with which is an absolute basis for canceling the determination and resolution in accordance with Part 4 of Art. Section VI. Proceedings for the review of judicial acts of arbitration courts > Chapter 35. Proceedings in a cassation court > Article 288. Grounds for canceling a court order, changing or canceling a decision, a decision of an arbitration court of the first and appellate instances" target="_blank">288 Arbitration Procedure Code of the Russian Federation, also not violated.
Guided by the articles of the Arbitration Procedural Code of the Russian Federation, the court
DECIDED:
The ruling of the Moscow Arbitration Court dated September 14, 2015 and the ruling of the Ninth Arbitration Court of Appeal dated November 10, 2015 in case No. A40-159054/2014 are left unchanged, and the cassation appeal is not satisfied.
Presiding Judge L.V. Vlasenko
Judges: E.A. Zverev
M.V. Komolova
Court:
FAS MO (FAS Moscow District)Plaintiffs:
Abashin Vladimir ViktorovichAbilova Irina Viktorovna
Adonyeva V V
Akimov Evgeniy Mikhailovich
Akimova Olga Nikolaevna
Alekseev R A
Badyautdinova Zinfera Izyatullovna
Berezhnykh E V
Bogdanov Sergey Yurievich
Bokova N Yu
Borisov Alexander Viktorovich
Borisov Dmitry Alexandrovich
Borisova Tatyana Alexandrovna
Borisova Yulia Alexandrovna
Borodin Evgeniy Anatolievich
Bunos Elena Leonidovna
Bychkova O. A.
Bychkova Olga Alexandrovna
Vasilyeva Galina Petrovna
Volodina Svetlana Viktorovna
Vorobyova A N
Vorobyova A. N.
Gavryushin Andrey Vyacheslavovich
Galkin Alexey Nikolaevich
Geshov A P
Grymova T N
Gulina Tatyana Fedorovna
Danilova Tatyana Vladimirovna
Deldyuzhev Sergey Evgenievich
Demina M V
Dolgopolova Evgenia Viktorovna
Drobot Nikolay Yurievich
Dutova Ksenia Efimovna
Egorova Svetlana Yurievna
Ermishin Vyacheslav Gennadievich
Zhukova Olga Vladimirovna
Zanegin Nikita Viktorovich
Zanegina Maria Igorevna
JSC "MSU-35 Promelektromontazh"
Ivanov Alexander Gennadievich
Ivanova Elena Vladimirovna
Inspectorate of the Federal Tax Service of Russia No. 5 for Moscow
Kalinina Irina Viktorovna
Karvenov Nikolay Nikolaevich
Kachalka Ekaterina Viktorovna
Kim Sergey Petrovich
Kirichenko Svetlana Nikolaevna
On April 14, Decree No. 40 comes into force, which changes the rules for transporting goods from abroad for citizens of Belarus.
“One of the norms established by the decree: restrictions on the import of goods up to 300 euros and 20 kg when a person moves across the border more often than once every three months,” said the deputy chairman of the State Customs Committee Vladimir Orlovsky.
What is now possible and what is not, we consider using the example of real situations.
In this case, you can bring new things back to the country for a total amount of 1,500 euros and weighing no more than 50 kilograms. Anything more will be subject to taxes and fees. Customs officers will calculate the total cost using the cash receipts that you show them (do not throw away the receipts!). If there are no receipts, customs officers will check the value of the items themselves. In practice, they often do this using the Internet on store websites and shopping centers(Question: How long will it take?).
You can transport goods worth 1,500 euros once every three calendar months. That is, if you brought a TV for 1,500 euros on April 15, then you can do it again without paying duties on July 1.
Situation 2. I’ve already been abroad once after April 14, brought a TV for 1,500 euros, and now I’m going for the second time (less than three calendar months later) and the only purchase I have is a phone for 299 euros. What will happen?
Nothing. Anything less than 300 euros is not subject to additional taxes and fees. Customs officers will determine the cost of your purchases in the same way as in the first case - by checks or on their own. A caveat - your purchases should not weigh more than 20 kg. If you buy something in Lithuania and plan to pick it up Tax Free at the border, then ask the cashier for a copy of the receipt (the original will be taken away along with the Tax Free papers).
Situation 3. I have already been abroad once after April 14, brought a TV for 1,500 euros, and now I’m going for the second time (less than three calendar months later) and am bringing a phone for 350 euros. What will happen?
If customs officers find your new phone, you will have to pay customs duty for the entire cost of the phone, customs duty and value added tax. For each category of goods, the amounts of these payments are different. But in the end they can amount to even half the cost.
If you were bringing a phone for 299 and new jeans for 30, then you will have to pay for one of your choice. It's better to choose jeans.
Situation 4. I’ve already been abroad once after April 14, I didn’t bring anything, and now I’m going for the second time (less than three calendar months later) and bringing a phone for 350 euros. What will happen?
The same as in situation No. 3. The fact is that customs doesn’t care at all whether you brought something for the first time or didn’t. Your legal 1,500 euros expire immediately after your first entry into the country. Even if you didn't buy anything at all.
Situation 5. I forgot that I have more goods than the allowed amount and am eating (or walking) through the green corridor. What will happen?
If customs officers don't check your bags, then nothing. If they check and find goods there totaling more than 300 euros, then you will have to pay a fine - from a million to six. The Administrative Code even has a corresponding article. It's called "non-declaration of goods". Moreover, it will no longer be possible to suddenly change your mind and ask to go to the “red corridor” - you will have to pay a fine, fees and taxes.
Situation 6. I am returning to the country with my old, but very expensive laptop (camera, tablet, phone). Will there be problems?
Can be. To avoid this, customs officers advise asking for and filling out a declaration when leaving Belarus. If this has not been done, you will have to somehow negotiate with customs officers during your return to the country. They may believe that this is your personal laptop that you have been using for ten years. But if there is not a scratch on it, they may not believe it.
Situation 7. I was in Akropolis, got crazy discounts and bought expensive things at ridiculous prices. What will happen at the border?
If the receipts from Akropolis have been preserved, then everything is fine. If not, customs officers may start checking the true value of your purchases and it is not a fact that it will correspond to the magic 300 euros. In short, keep your receipts.
Situation 8. I don’t want to pay any fees to anyone, what should I do?
Return to Belarus by plane. In this case, no one will count the cost of your foreign shopping. At the same time, you need to remember that the only thing that matters to customs is how you return to the country. How they left - by land, by sky, or by boat - she doesn’t care at all.
And another important nuance: customs will not take into account movements by air at all. That is, you can travel by car once, bring yourself something worth 1,500 euros, and then fly for three months and carry whatever you want, for no more than 10 thousand euros.
Situation 9. I'm going on vacation for a month. On the first day I buy a camera (laptop) there and actively use it. Will such a thing be considered new, or no longer?
New. You purchased it abroad, but you are a citizen of Belarus and, when returning, you take the camera with you. An exception is made only if you have a residence permit in another country. Then you can bring your things duty free.
Situation 10. I am carrying something, the real value of which no one knows, not even the Belarusian customs. What will happen?
According to customs, this cannot happen in principle. Everything has a price, which you can quickly find out.
By the way, the limit for importing goods into Belarus through road and railway checkpoints will also include purchases made in duty-free shops ( duty free). Deputy Chairman of the State Customs Committee Vladimir Orlovsky said that there will be exceptions only for employees of diplomatic missions and consular offices. Decree No. 40 of February 11, 2016 will come into force in Belarus on April 14. From this day on, goods exceeding the customs value of 300 euros or 20 kg must be declared if you cross the border more than once every three months.
DECREE PRESIDENT OF THE REPUBLIC OF BELARUS
On the movement of goods for personal use
Changes and additions:
Decree of the President of the Republic of Belarus of February 11, 2016 No. 40 (National Legal Internet Portal of the Republic of Belarus, 02/13/2016, 1/16266)
Decree of the President of the Republic of Belarus of January 8, 2018 No. 7 (National Legal Internet Portal of the Republic of Belarus, 01/10/2018, 1/17456)
Decree of the President of the Republic of Belarus of December 22, 2018 No. 490 (National Legal Internet Portal of the Republic of Belarus, December 28, 2018, 1/18084)
In order to improve legal regulation customs relations related to the movement by individuals across the customs border of the Eurasian Economic Union in the Republic of Belarus of goods for personal use:
1. Establish that:
1.1. customs duties, taxes on goods for personal use 1 imported into the customs territory of the Eurasian Economic Union in the Republic of Belarus in international postal items to the address of one recipient - an individual permanently or temporarily residing or temporarily staying in the Republic of Belarus (hereinafter referred to as the recipient), or goods for personal use 2 delivered by the carrier to the address of one recipient are not paid in cases where:
the total value of goods sent during a calendar month in international mail to one recipient does not exceed the equivalent of 200 euros, and the total weight does not exceed 31 kilograms (hereinafter referred to as the monthly shipping rate), while the cost of goods sent to one international postal item, does not exceed the amount equivalent to 22 euros, and the weight does not exceed 10 kilograms (hereinafter referred to as the one-time postage rate);
the total value of goods delivered by the carrier during a calendar month to one recipient does not collectively exceed the equivalent of 200 euros, and the total weight does not exceed 31 kilograms (hereinafter referred to as the monthly delivery rate), while the cost of goods in one shipment delivered by the carrier , does not exceed the equivalent of 22 euros, and the weight does not exceed 10 kilograms (hereinafter referred to as the one-time delivery rate).
In the case of importing goods sent by international mail or importing goods in a shipment delivered by a carrier:
in excess of the one-time shipment rate without exceeding the monthly shipment rate or in excess of the one-time delivery rate without exceeding the monthly delivery rate, customs duties and taxes are paid (collected) in relation to such goods in relation to the excess of the one-time shipment rate or one-time delivery rate, respectively, in the manner determined by the customs regulations legal relations with international treaties and acts constituting the law of the Eurasian Economic Union;
in excess of the monthly shipment rate without exceeding the one-time shipment rate or in excess of the monthly delivery rate without exceeding the one-time delivery rate, customs duties and taxes are paid (collected) in relation to such goods in relation to the excess of the monthly shipment rate or the monthly delivery rate, respectively, in the manner determined by the customs regulations legal relations with international treaties and acts constituting the law of the Eurasian Economic Union;
with the simultaneous excess of one-time and monthly shipping norms or one-time and monthly delivery norms, customs duties and taxes are paid (collected) in the amount of the greater of the amounts calculated in relation to such goods, in terms of exceeding the one-time and monthly shipping norms or one-time and monthly delivery norms, respectively, in in the manner determined by the international treaties and acts regulating customs legal relations that constitute the law of the Eurasian Economic Union.
For the purposes of monitoring compliance with the norms for the import of goods for personal use without paying customs duties, the date of import of goods is:
in relation to goods sent by international mail - the date of registration of documents submitted in accordance with international treaties and acts governing customs legal relations, constituting the law of the Eurasian Economic Union, for placing such goods in temporary storage;
in relation to goods delivered by the carrier, the date of registration of the passenger customs declaration submitted in respect of such goods.
If in relation to goods for personal use sent in international mail, it is necessary to convert foreign currency, such conversion is made at the official exchange rate established by the National Bank on the date of import of these goods, determined in accordance with part three of this subclause.
The effect of parts one and two of this subclause does not apply to medical goods and specialized food products of dietary therapeutic nutrition, the list of which is approved by the Council of Ministers of the Republic of Belarus, imported into the customs territory of the Eurasian Economic Union in the Republic of Belarus in international mail and (or) delivered by a carrier to address of individuals included in the list formed by the Ministry of Health, suffering from certain incurable diseases, the list of which is determined by the Council of Ministers of the Republic of Belarus.
The procedure for the submission by the Ministry of Health to the customs authorities of information about individuals specified in part five of this subparagraph is determined by the Ministry of Health in agreement with the State Customs Committee;
1 With the exception of indivisible goods for personal use.
2 With the exception of ethyl alcohol, alcoholic beverages, beer and indivisible goods for personal use.
1.2. recipients of goods can act as declarants of goods for personal use sent in international mail, using a passenger customs declaration in the form established by the acts constituting the law of the Eurasian Economic Union, in the following cases:
importation into the customs territory of the Eurasian Economic Union in the Republic of Belarus of goods for personal use with exemption from customs duties, taxes and (or) in respect of which prohibitions and restrictions apply, if the shipment of such goods in international mail is not prohibited;
importation into the customs territory of the Eurasian Economic Union in the Republic of Belarus of goods for personal use specified in part five of subclause 1.1 of this clause;
identification by the designated postal operator or customs authority of the absence of documents provided for by the acts of the Universal Postal Union accompanying international postal items and used as a passenger customs declaration, or the absence in such documents of information about the goods necessary for their release;
intentions to prove the reliability of information about the value of goods contained in documents provided for by the acts of the Universal Postal Union accompanying international mail and used as a passenger customs declaration, if the value of such goods has been determined by the customs authority;
refusal to release goods for personal use sent in international mail, specified in paragraph 17 of Article 286 of the Customs Code of the Eurasian Economic Union;
1.3. registration of a passenger customs declaration is not carried out in relation to goods for personal use sent in international mail, in respect of which the documents provided for by the acts of the Universal Postal Union and accompanying such international mail are used as a passenger customs declaration;
1.4. documents that are subject, in accordance with international treaties and acts governing customs legal relations that constitute the law of the Eurasian Economic Union, to be submitted by an individual when performing customs operations in relation to goods for personal use, include the documents specified in Appendix 1;
1.5. there is no requirement to provide security for the fulfillment of the obligation to pay customs duties and taxes in relation to vehicles for personal use, registered on the territory of foreign states, temporarily imported into the customs territory of the Eurasian Economic Union in the Republic of Belarus:
diplomatic workers and administrative and technical staff of diplomatic missions and consular offices of the Republic of Belarus and members of their families living with them;
employees of representative offices of state organizations subordinate to the Government of the Republic of Belarus and located outside the customs territory of the Eurasian Economic Union;
1.6. The obligation to pay customs duties for performing customs operations in relation to goods for personal use arises:
from the declarant of goods for personal use, with the exception of goods for personal use sent by international mail;
at the recipient of goods for personal use sent by international mail.
The obligation to pay customs duties for customs operations arises, terminates and is subject to execution upon the occurrence of circumstances and within the time limits established by the Customs Code of the Eurasian Economic Union for customs duties and taxes levied on goods for personal use, taking into account part three of this subparagraph.
The obligation to pay customs duties for carrying out customs operations in relation to goods for personal use is terminated if the amount of such customs duties not paid within the prescribed period does not exceed an amount equivalent to one euro at the official exchange rate of the Belarusian ruble to the euro established by the National Bank on the day the rate is applied euro for calculating customs duties and taxes in accordance with the Customs Code of the Eurasian Economic Union;
1.7. When imported into the Republic of Belarus and exported from the Republic of Belarus through simplified checkpoints across the State Border of the Republic of Belarus, the following categories of goods are classified as goods for personal use on the basis of an oral statement from an individual:
goods for personal use, imported and exported in the accompanied luggage of individuals, the list and quantity of which, taking into account the international treaties and acts governing customs legal relations that constitute the law of the Eurasian Economic Union, are established by the State Customs Committee in agreement with the State Border Committee, the Ministry Agriculture and food;
passenger cars (except for cars specifically designed for medical purposes) and other motor vehicles intended primarily for the transport of people, classified in heading 8703 of the unified Commodity Nomenclature for Foreign Economic Activity of the Eurasian Economic Union 3 (hereinafter referred to as cars), registered in the territory of the Republic Belarus, moved across the customs border of the Eurasian Economic Union in the Republic of Belarus by the following individuals - owners, in cases established by law;
cars registered in the territory of a foreign state, the temporary import of which into the customs territory of the Eurasian Economic Union is allowed without providing security for the fulfillment of the obligation to pay customs duties and taxes, moved across the customs border of the Eurasian Economic Union in the Republic of Belarus by individuals following them - owners, in cases established by law, in the presence of customs documents confirming the release of such vehicles for the purpose of temporary import;
______________________________
3 With the exception of motor vehicles not intended for driving on public roads.
1.8. goods not specified in subclause 1.7 of this clause, or in quantities exceeding the norms established in accordance with paragraph two of subclause 1.7 of this clause, as well as goods specified in paragraph two of subclause 1.7 of this clause, imported by individuals into the customs territory of the Eurasian Economic Union and exported from this territory more than once a calendar day through simplified checkpoints across the State Border of the Republic of Belarus are not subject to the following:
import into the customs territory of the Eurasian Economic Union and must be immediately exported from this territory, unless otherwise established by the international treaties and acts governing customs legal relations that constitute the law of the Eurasian Economic Union, and (or) legislation and there is no element in the actions of the person who carried out such import crime or administrative offense;
export from the customs territory of the Eurasian Economic Union by persons moving them, unless otherwise established by international treaties and acts that constitute the law of the Eurasian Economic Union and (or) legislation governing customs legal relations.
The goods specified in part one of this subparagraph may be transported across the customs border of the Eurasian Economic Union in the Republic of Belarus in the manner established by the international treaties and acts governing customs legal relations that constitute the law of the Eurasian Economic Union, through checkpoints across the State border of the Republic of Belarus, in which customs control is carried out and other types of control are carried out at the State Border of the Republic of Belarus;
1.9. Border service authorities ensure the passage through simplified checkpoints across the State Border of the Republic of Belarus only of goods specified in subclause 1.7 of this clause, within the limits of the norms established in accordance with paragraph two of subclause 1.7 of this clause, taking into account the provisions provided for in subclause 1.8 of this clause.
Border service authorities provide information about individuals and vehicles to customs authorities in accordance with joint regulatory legal acts or agreements regulating the procedure for exchanging this information;
1.10. the procedure for registration by customs authorities of cars specified in paragraph four of subclause 1.7 of this clause is determined by the State Customs Committee;
1.11. officials of border service bodies, employees of internal affairs bodies, in the event of detection of goods moved across the customs border of the Eurasian Economic Union in the Republic of Belarus in violation of international treaties and acts governing customs legal relations that constitute the law of the Eurasian Economic Union, and (or) legislation, inform about this Customs.
The procedure for registration and transfer of specified goods to customs authorities is determined by a joint regulatory legal act of the State Customs Committee, the Ministry of Internal Affairs and the State Border Committee;
1.12. services aviation security international airports in the Republic of Belarus, inform the customs authorities located at the specified airports, in the manner specified in the scheme for passing individuals, vehicles and goods across the State Border of the Republic of Belarus, about the identification of goods in the accompanied luggage of individuals departing from the customs territory of the Eurasian Economic Union:
not related to goods for personal use;
in respect of which prohibitions and restrictions are applied, established by international treaties and acts regulating customs legal relations that constitute the law of the Eurasian Economic Union;
1.13. when moving goods for personal use to individuals, delivered by carriers that are included in the register of customs representatives, such customs representatives, when performing customs operations in relation to these goods on behalf of the individual indicated in the accompanying documents as the recipient, have the right not to submit to the customs authority agreement with this individual confirming the authority to carry out such customs operations;
1.14. customs duties and taxes on goods for personal use 4 imported into the customs territory of the Eurasian Economic Union in the Republic of Belarus in accompanied and unaccompanied luggage by an individual entering the territory of the Republic of Belarus more than once every three calendar months 5 are not paid if the cost such goods do not exceed the equivalent of 300 euros and the total weight does not exceed 20 kilograms.
Part one of this subclause does not apply to cases of entry of an individual into the territory of the Republic of Belarus:
by air transport;
from a neighboring state, entry into whose territory an individual was denied, subject to confirmation of the absence of goods not specified in part three of this subparagraph, and confirmation of the refusal to enter the territory of a neighboring state by submitting to the customs authority the documents specified in paragraphs 6 and 7 of the appendix 1.
Cost and weight norms, within the limits of which goods for personal use are imported into the customs territory of the Eurasian Economic Union in the Republic of Belarus without paying customs duties and taxes, established in part one of this subparagraph, do not apply to:
goods for personal use specified in Appendix 2;
goods for personal use specified in paragraphs one and three of paragraph 5 of Article 266 of the Customs Code of the Eurasian Economic Union;
used goods for personal use, imported by foreign individuals for the period of their stay in the customs territory of the Eurasian Economic Union without paying customs duties and taxes specified in paragraph one of paragraph 6 of Article 266 of the Customs Code of the Eurasian Economic Union;
vehicles for personal use;
goods for personal use, imported with exemption from customs duties and taxes in accordance with international treaties and acts governing customs legal relations that constitute the law of the Eurasian Economic Union;
awards in the form of orders, medals, cups, sports equipment, photo and video equipment, other goods used in professional activities not related to business activities, coffins with bodies (remains) and urns with ashes (ashes) of the dead, cash cash and (or) monetary instruments imported without paying customs duties and taxes in compliance with the conditions established by international treaties and acts governing customs legal relations that constitute the law of the Eurasian Economic Union;
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4 With the exception of ethyl alcohol, alcoholic beverages, beer.
5 For the purposes of applying this subclause, the calculation of three calendar months begins from 00 hours 00 minutes of the first day of the month in which the previous entry of an individual into the territory of the Republic of Belarus was made, with the exception of entry in the cases specified in part two of subclause 1.14.
1.15. in relation to goods that are not subject to cost, weight and (or) quantitative norms, within which goods for personal use are imported into the customs territory of the Eurasian Economic Union in the Republic of Belarus without paying customs duties and taxes established in subparagraphs 1.1 and 1.14 of this paragraph , the cost, weight and (or) quantitative norms established by the international treaties and acts governing customs legal relations that constitute the law of the Eurasian Economic Union are applied;
1.16. motor vehicles and motor vehicles for personal use, as well as trailers for motor vehicles and motor vehicles for personal use, imported with exemption from customs duties and taxes by an individual recognized as having moved to a permanent place of residence in the Republic of Belarus, must be owned and registered in the name of such a person in the country of previous residence for at least two years before the date of issue of a document confirming the recognition of such a person as having moved to a permanent place of residence in the Republic of Belarus;
1.17. when moving across the customs border of the Eurasian Economic Union in the Republic of Belarus, goods in respect of which export control measures are applied in accordance with the law do not apply to goods for personal use;
1.18. for the purposes of this Decree:
persons with permanent residence in the Republic of Belarus are understood to be citizens of the Republic of Belarus who have a passport of a citizen of the Republic of Belarus (with the exception of a passport of a citizen of the Republic of Belarus for permanent residence outside the Republic of Belarus), a national identity card of a seaman of the Republic of Belarus or another document specified in subparagraph 1.1 of paragraph 1 of Appendix 1, as well as foreign citizens and stateless persons who, in accordance with the legislation, have been granted refugee status in the Republic of Belarus, permanently or temporarily residing in the Republic of Belarus;
persons who have moved to a permanent place of residence in the Republic of Belarus are understood as persons recognized in accordance with the law as having arrived in the Republic of Belarus for permanent residence, or citizens of the Republic of Belarus who previously permanently resided outside the Republic of Belarus and moved for permanent residence to the Republic of Belarus;
other terms and definitions are used in the meanings established by the international treaties and acts governing customs legal relations that constitute the law of the Eurasian Economic Union;
1.19. The Council of Ministers of the Republic of Belarus determines the areas of activity of work, upon receipt of permission for which in the Republic of Belarus, a foreign individual can import into the customs territory of the Eurasian Economic Union in the Republic of Belarus in accompanied and (or) unaccompanied baggage for the period of stay in such territory with exemption from paying customs duties. duties, taxes, used goods for personal use;
1.20. The State Customs Committee determines:
the procedure for registering or refusing to register a passenger customs declaration;
the procedure for performing customs operations in relation to goods for personal use moved across the customs border of the Eurasian Economic Union, goods for personal use temporarily imported into the customs territory of the Eurasian Economic Union, the release of such goods and reflection of the fact of their recognition as not under customs control in cases provided for acts regulating customs legal relations that constitute the law of the Eurasian Economic Union, or in the part not regulated by these acts;
peculiarities of customs operations in relation to goods for personal use sent in international mail, to the extent not regulated by the Customs Code of the Eurasian Economic Union.
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documents to be submitted by an individual when performing customs operations in relation to goods for personal use
1. Documents identifying (confirming) the identity, including of a minor, as well as documents for leaving the Republic of Belarus or entering the Republic of Belarus:
1.1. passport of a citizen of the Republic of Belarus, diplomatic passport of a citizen of the Republic of Belarus, service passport of a citizen of the Republic of Belarus, certificate of return to the Republic of Belarus - for citizens of the Republic of Belarus;
1.2. residence permit in the Republic of Belarus, travel document of the Republic of Belarus - for foreign citizens and stateless persons permanently residing in the Republic of Belarus;
1.3. refugee certificate - for foreign citizens and stateless persons who have been granted refugee status in the Republic of Belarus;
1.4. certificate of provision of additional protection in the Republic of Belarus - for foreign citizens and stateless persons who have been granted additional protection in the Republic of Belarus;
1.5. certificate of registration of an application for refugee status, additional protection or asylum in the Republic of Belarus - for foreign citizens and stateless persons applying for refugee status, additional protection or asylum in the Republic of Belarus;
1.6. national identity card of a seafarer of the Republic of Belarus - for citizens of the Republic of Belarus, as well as for foreign citizens and stateless persons hired to work on ships registered in the Republic of Belarus;
1.7. document for traveling abroad - for other foreign citizens and stateless persons.
2. Documents confirming the value of the declared goods for personal use - contract, specification, invoice, proforma invoice, sales receipt, payment receipt, inventory of property and others.
3. Documents containing information allowing to identify a vehicle for personal use or part of it vehicle for personal use, as well as documents confirming the right to own, use and (or) dispose of a vehicle for personal use:
3.1. registration certificate (technical passport, technical coupon) of a vehicle, trailer or a document replacing it, in the absence of their originals - duplicates or copies of such documents containing information about this vehicle, trailer, issued by the competent authority in the country of the last registration of the vehicle, trailer;
3.2. acceptance certificate of the manufacturer of the vehicle, trailer or other document issued by the manufacturer and confirming the fact of production of the vehicle, trailer;
3.3. invoice, purchase and sale agreement, gift agreement and other documents certifying the completion of a transaction involving the transfer of ownership of a vehicle;
3.4. decision of the competent authority on recognition of ownership of the vehicle;
3.5. a certificate of the right to inheritance issued by a notary or other competent authority of the country in which the inheritance was opened, in the presence of legalization, unless otherwise provided by international treaties of the Republic of Belarus.
4. Documents confirming compliance with import conditions with exemption from customs duties and taxes:
4.1. documents confirming the recognition of an individual as having moved to a permanent place of residence in the Republic of Belarus:
for foreign citizens and stateless persons - a residence permit in the Republic of Belarus;
for citizens of the Republic of Belarus who previously permanently resided outside the Republic of Belarus and moved for permanent residence to the Republic of Belarus - a passport of a citizen of the Republic of Belarus with a mark of registration at the place of residence in the Republic of Belarus;
4.2. refugee certificate;
4.3. documents confirming the intention to move to a permanent place of residence in the Republic of Belarus:
for citizens of the Republic of Belarus who previously permanently resided outside the Republic of Belarus and are moving for permanent residence to the Republic of Belarus - a passport of a citizen of the Republic of Belarus for permanent residence outside the Republic of Belarus with a note on the removal from consular registration of citizens permanently residing outside the Republic of Belarus;
for foreign citizens and stateless persons:
a document for traveling abroad with a visa of the Republic of Belarus for permanent residence (at the Zhykharstvo station);
certificate (notification) of the diplomatic mission or consular office of the Republic of Belarus in the state of previous residence on the issuance of a permit for permanent residence in the Republic of Belarus;
a specially issued passport for departure for permanent residence in the Republic of Belarus;
a sheet of deregistration or a sheet of departure to the Republic of Belarus;
a certificate from the citizenship and migration unit of the internal affairs body on the acceptance of documents for issuing a permanent residence permit in the Republic of Belarus to a foreign citizen or stateless person;
4.4. documents confirming the receipt by a person with permanent residence in the Republic of Belarus of an inheritance outside the customs territory of the Eurasian Economic Union and containing a list of goods received as an inheritance, issued by notaries or other competent authorities of the country in which the inheritance was opened;
4.5. documents confirming the status of heads of diplomatic missions, members of the diplomatic and administrative and technical staff of diplomatic missions, heads of consular posts and other consular officials, consular officers of consular posts, members of staff (employees, officials) of state missions to international organizations, international organizations or their representative offices that, in accordance with the statutory documents of these organizations or the relevant international treaties of the Republic of Belarus, enjoy privileges and immunities, and members of their families, as well as documents confirming the period of granting privileges to such persons in the host state - a diplomatic or consular card with a record of the availability of immunities and privileges in the Republic of Belarus, accreditation or service card, diplomatic, service or official passport indicating the position held;
4.6. documents confirming the fact and duration of work (service) of a person with permanent residence in the Republic of Belarus, outside the customs territory of the Eurasian Economic Union, documents certifying the status of the head of the diplomatic mission of the Republic of Belarus, a member of the diplomatic and administrative and technical staff of the diplomatic mission of the Republic of Belarus, the head of the consular post of the Republic of Belarus, another consular official, a consular officer of the consular post of the Republic of Belarus, an employee of the mission of the Republic of Belarus to an international organization (hereinafter referred to as employees of foreign agencies, foreign agency), as well as members of his family living with the employee of the foreign office, documents confirming, that during the current calendar year, goods for personal use were not imported by an employee of a foreign institution, members of his family living with an employee of a foreign institution, into the customs territory of the Eurasian Economic Union in the Republic of Belarus with exemption from customs duties, taxes, documents confirming the termination of work of an employee of a foreign institution in a foreign institution , including transfer to work in another state or early recall:
for an employee of a foreign institution, members of his family living together with an employee of a foreign institution - a diplomatic or service passport, a certificate signed by an authorized person of the foreign institution, certified by the seal of this foreign institution with an image State emblem The Republic of Belarus;
for employees of other state bodies - a certificate from a state body signed by the head (his deputy), certified by the appropriate seal with the image of the State Emblem of the Republic of Belarus;
4.7. documents confirming the fact of temporary stay of an individual permanently residing in the Republic of Belarus in a foreign state - a passport of a citizen of the Republic of Belarus with a note on temporary consular registration;
4.8. documents confirming the export of goods from the customs territory of the Eurasian Economic Union:
passenger customs declaration, drawn up in the manner established by the international treaties and acts governing customs legal relations that constitute the law of the Eurasian Economic Union;
documents evidencing the fact of production or acquisition of goods on the territory of the member states of the Eurasian Economic Union - product passport, warranty card, receipt and other documents and information determined by the State Customs Committee;
4.9. conclusion of the Ministry of Culture on classifying goods as cultural property.
5. Documents confirming the release of vehicles for personal use for the purpose of temporary import:
5.1. passenger customs declaration, drawn up in the manner established by the international treaties and acts governing customs legal relations that constitute the law of the Eurasian Economic Union;
5.2. a vehicle import certificate issued in the manner established by the State Customs Committee.
6. A document confirming the absence of goods not specified in part three of subclause 1.14 of clause 1 of this Decree - a passenger customs declaration submitted by an individual upon entry into the territory of the Republic of Belarus from a neighboring state, entry into whose territory the individual was denied, with a mark “After return”, indicated in the “For official use” column.
7. Documents confirming refusal of entry into the territory of a neighboring state:
a document certifying (confirming) the identity, including of a minor, or a document for leaving the Republic of Belarus or entering the Republic of Belarus with a mark confirming the presence of a refusal to enter the territory of a neighboring state;
a document issued by an authorized government agency of a neighboring state confirming the refusal to enter the territory of a neighboring state.
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goods for personal use, used and necessary along the route and destination
1. Personal hygiene items.
2. Clothes, shoes, other wardrobe items.
3. Jewelry.
4. Wristwatch.
5. Portable sound recording, video recording, playback equipment, photographic equipment, accessories, video recording media, audio recording media.
6. Portable radios, flash players.
7. Mobile phones, smartphones, similar communication devices.
8. Portable personal computers, tablets, GPS navigators, game consoles, accessories for them.
9. Children's seats attached to car seats, baby strollers, children's toys.
10. Equipment and accessories for sports, tourism, hunting and fishing.
11. Portable musical instruments.
12. Strollers for disabled people.
13. Shovel, rake, basket, bucket, other similar equipment and hand tools for household use.
14. Books, magazines, other printed publications.
15. Stationery.
16. Portable dialyzers, other medical devices and consumable materials, medicines, food products necessary for an individual for medical reasons.
17. Canes, umbrellas, bags, handbags, suitcases, and other similar items.
Decree of the President of the Republic of Belarus dated February 11, 2016 No. 40 introduced amendments and additions to Decree of the President of the Republic of Belarus dated July 21, 2014 No. 360 “On the movement of goods for personal use across the customs border of the Customs Union in the Republic of Belarus” (hereinafter referred to as Decree No. 360), which will take effect from 04/14/2016.
Standards for duty-free import (receipt) by individuals located on the territory of the Republic of Belarus, goods for personal use(except for alcoholic beverages, etc.), delivered to an individual in international mail(hereinafter referred to as parcels) and (or) the carrier(hereinafter referred to as express cargo) will change. Thus, without paying a duty, it will be possible to receive goods within a calendar month if their total customs value is no more than the equivalent of 22 euros (now 200 euros), and the total weight in the aggregate is no more than 10 kg (now 31 kg ) (part 1 subsection 1.1 clause 1 of Decree No. 360 as amended on 02/11/2016, part 1 subsection 1.1 of Decree No. 360 as amended on 07/21/2014).
In this case, the amount and weight for calculating the norm will include:
Both goods received by parcels (in one or more) and goods imported by express cargo (in one or more deliveries) - if the goods were received (imported) in two ways;
Only goods received (imported) either by parcels or express cargo - if the goods were received (imported) by one of the specified methods.
In case of exceeding the prescribed amount and (or) weight, an individual will have to pay customs duties and taxes (hereinafter referred to as duties) at a flat rate of 30% of the customs value of goods, but not less than 4 euros per 1 kg of weight. This rule will apply both in the case when both indicators (cost and weight) are exceeded, and in the case when one of them is exceeded. A duty will need to be paid for the import (reception) of goods exceeding the above standards.
Payment of the duty in the specified amount is provided for in clause 6 of section. II and paragraph 8 of section. III of Appendix 5 to the Agreement on the procedure for the movement by individuals of goods for personal use across the customs border of the Customs Union and the performance of customs operations related to their release (concluded in St. Petersburg on June 18, 2010) (hereinafter referred to as the Agreement). At the same time, guided by the footnote to the Agreement, the Republic of Belarus has established more stringent standards for the import of goods for personal use, if exceeded, duties are paid. Such norms are enshrined in subparagraph. 1.1 clause 1 of Decree No. 360 as amended. from 07/21/2014 and, as we indicated above, will change from 04/14/2016.
If, for example, during a calendar month a person receives goods for personal use by parcel in the amount of 15 euros and by express cargo in the amount of 20 euros, he will have to pay a duty of 30% of the amount equivalent to 13 euros (amount exceeding 22 euros) . Duty will have to be paid regardless of the weight of the goods received.
The same procedure will apply if goods for the specified amount are received only by parcels or only by express cargo (part 1, sub-clause 1.1, clause 1 of Decree No. 360 as amended on 02/11/2016, clause 6 of section II and clause 8 of section III of appendix 5 to the Agreement).
Innovations affected not only the import of goods by parcels and express cargo, but also importation of goods directly by individuals in accompanied or unaccompanied baggage.
So, to goods for personal use regardless of the name will not apply goods imported by individuals across the customs border of the EAEU in the Republic of Belarus, if they are imported by a person more than once every 3 calendar months, and their customs value exceeds the equivalent of 300 euros, and (or) the total weight is more than 20 kg (h. 1 subparagraph 1.18 paragraph 1 of Decree No. 360 as amended on February 11, 2016).
An exception to this rule will be, for example, used goods exported outside the customs territory of the EAEU and imported back unchanged without confirmation of their export. Moreover, the customs value of these goods should not exceed the equivalent of 1,500 euros, and the total weight - 50 kg (Part 2 subclause 1.18 clause 1 of Decree No. 360 as amended on 02/11/2016).
Let us note that now goods imported by individuals not for personal use, regardless of cost, include goods of specific names (for example, mechanical circular saws) specified in Appendix 1 to the Agreement.
Let us remember that according to general rule goods for personal use in accompanied and unaccompanied baggage in an amount equivalent to 1,500 euros and (or) a total weight of 50 kg are imported duty-free (clause 1, section I, appendix 3, clause 1, section I, appendix 5 to the Agreement). This rule will continue to apply, but taking into account subsection. 1.18 clause 1 of Decree No. 360 as amended. dated 02/11/2016.
These goods, which are not classified as goods for personal use, will be subject to customs declaration in customs procedures (Part 3, sub-clause 1.18, clause 1 of Decree No. 360 as amended on 02/11/2016).