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The most wide-spread current non-tariff regulations
include the following measures:
·
Quantitative
limitations and similar administrative measures: import quotas and export
limitations, licensing, voluntary export and currency limitations as well as
other measures of currency and financial control; bans, internal requirements
of compulsory use of national products while producing ready-made goods;
·
Limiting practice
on the government administration level;
·
Subsidies and
other donations for exporters, preferable system of governmental orders as well
as tax discrimination, financial and currency policies; the policy of balance
of payment and currency rates regulations, that provides preferences for
certain trade flow or that tows them.
·
Customs
procedures and formalities in case they exceed standard and universally
accepted norms, thus creating a new trade hurdle: sophisticated customs
valuation procedure, customs classification system when they detain customs
registration or give the possibility of their independent treatment and
application.
The measures of non-tariff economic regulations are established due
to the necessity:
·
to discharge
international obligations;
·
to protect
national manufactures;
·
to avert export
of raw materials;
·
to minimize the
balance of payment shortage;
·
to provide
ecological security.
The measures
mentioned are realized through adopting of corresponding resolutions by the
Government; in some cases it is performed through President's decrees and
edicts.
The current legal
framework that defines the system and the process of application of non-tariff
measures of import-export regulations in Belarus consists of following
legislative documents:
-
The Customs Code of the Republic of
Belarus (adopted 06.01.1998, came into force 01.07.1998);
-
The President's
decree as of 04.09.1998 ¹15 "On urgent measures for consumer market
protection" (the publication is fixed by the President's decree as of
15.04.1999, 18);
-
The Law of
Belarus "On government regulations of alcohol production and its
turnover" (adopted 24.06.1998; came into force 30.06.1998);
-
The Law of
Belarus "On foreign trade government regulations" (signed 29.12.1998,
came into force 01.02.1999);
-
The Law of
Belarus "On export control" (adopted 6.01.1998);
-
The Law of
Belarus "On Belarus' economic protection measures in foreign trade
activities" (came into force 09.06.2000);
-
The President's
decree as of 05.05.1995 ¹179 "On improving activities against precious,
non-ferrous, ferrous metals theft, scrap and waste as well as precious stones
theft";
-
The President's
decree as of 17.05.1995 ¹ 191 "On the regulations of the governments'
property disposition" (with the following alterations and supplements);
-
The President's
decree as of 24. 02. 1999 ¹ 112 "On the issues on oil products market
regulations";
-
The Resolution of
the Council of Ministers as of 21.02.1997 ¹117 "On introducing of
provisional state regulation of import of alcohol products and ethyl alcohol
made of food stuff";
-
The Resolution of
the Council of Ministers as of March 18 1997 ¹ 218 "On ascertainment of bans
and limitations for transferring goods through the Customs of Belarus";
-
The Resolution of
the Council of Ministers of Belarus as of 10. 01. 1998 ¹ 27 "On state
control improvement of specific goods transportation through the Customs of
Belarus";
-
The Resolution of
the Council of Ministers of Belarus as of 10.07.1998 ¹ 1091 "On improving
measures of state regulation of export of certain goods manufactured in
Belarus";
-
The Resolution of
the Council of Ministers as of 19. 11. 1998 31781 "On the goods not liable
to barter operations";
-
The Resolution of
the Council of the Ministers as of 01, 12. 1998 ¹ 1846 "On additional
measures of timber export regulation";
-
The Resolution of
the Council of Ministers as of 8. 04. 2002 ¹440 "On improving measure on
export and import regulations";
-
The Resolution of
the Council of Ministers as of 05. 06. 2000 ¹800 "On the approval of the
principles of investigation procedures that precede the introduction of
protective, antidumping or countervailing measures".
The basis of
non-tariff import and export regulation system is the Law of Belarus "On
state regulation of foreign trade activity" and the Resolution of the
Council of Ministers of Belarus as of 8. 04. 2002 ¹ 440 "On improving
measures on import and export regulation".
According to the
current legislation in Belarus the following non-tariff measures of foreign
trade regulations are applied:
·
Import and export
licensing within established quotas or without quantitative limitations:
·
- The export of
mineral fertilizers, scrap and wastes of ferrous and non-ferrous metals
(copper, aluminum, nickel), as well as the import of alcohol items and ethyl
alcohol made of food stuff (according to the Resolution of the Council of
Ministers as of February 21, 1997 ¹117 "On the introduction of temporary
state regulation of import of alcohol products and ethyl alcohol made of food
stuff") are performed within annually established quotas by licenses
issued by the Ministry of Trade;
·
- Textile goods
export to the EU countries is performed by licenses according to the free trade
Agreement on textile trade between Belarus and the EU;
·
- Now export of
precious stones and import of chemical substances of plant protection, slag and
industrial waste are performed by licenses without quantitative restrictions;
·
- For export of
limited list of scarce raw materials as well as some exchange capacious raw
materials the shortage of which leads to the manufactures' ineffective work and
results at law production levels and a decrease of export capacity of the
Republic.
·
- Import of goods
that are not of first need and that are not treated as the goods of
"crucial import" (tires, carpets, bier)
·
foreign trade
contracts registration:
·
- for oil
products export;
·
licensing and authorized
regulation of special goods import and export.
The lists of
goods that are liable to bans and limitations of import and/or export are
approved by the Resolution of the Council of Ministers as of March 18 1997 ¹
218 "On the establishing of bans and limitations for goods transportation
through the Customs of Belarus" due to the need:
·
to keep to the
social moral as well as to the law and order:
·
to protect live
and health of the society as well as wild nature and environment;
·
to preserve
cultural heritage;
·
to avert cultural
values import, export or author rights transfer;
·
to provide
national security.
To transfer such
goods it is necessary to get a special permission from authorized body of state
administration.
It is necessary
to admit that the current legal framework coincides with the basic principles
of the correspondent recommendations of GATT/WTO. Besides when the legal
framework was formed the first aim was to protect national manufactures and
inner market from negative factors as well as to provide economic security for
the Republic of Belarus.