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Article
2. Concept of Export Control
Export
control shall be taken to mean the establishment and exercise of a permissible
procedure for the carriage of items which are subject to export control into
the customs territory of the Republic of Belarus, their use, their transit and
their carriage out of the customs territory of the Republic of Belarus.
Article
3. Objectives of Export Control
Export
control shall be carried out within the Republic of Belarus for the purposes
of:
safeguarding
the national security and protecting the economic interests of the Republic of
Belarus, and;
meeting
the obligations of the Republic of Belarus under international agreements, as
well as supporting international efforts aimed at the nonproliferation of weapons
of mass destruction and conventional weapons.
Article
4. Fundamental Principies of the Exercise of Export Control
Export
control in the Republic of Belarus shall be based on the following fundamental
principles;
the
performance of the state supervision of the movement of items which are subject
to export control across the customs border of the Republic of Belarus;
the
verification of the use of items which are subject to export control;
the
openness and accessibility of information on the manner, rules, goals, and
principles of the functioning of the export control system, as well as on the
limits of liability associated with the violation of the export control laws of
the Republic of Belarus;
the
establishment of lists of items which are subject to export control, as well as
countries to which the exportation of these items has been temporarily
prohibited or restricted, and
the
harmonization of export control rules and procedures with generally
acknowledged international standards and practices.
Article
5. Purview of the Law at Hand
The
Law at hand shall cover relations in which government agencies, legal entities,
and physical entities of the Republic of Belarus take part over the course of
engagement in foreign economic activities. This Law shall also be applied in
those instances when the actions or the agreements performed or concluded
respectively by government agencies, legal entities, and physical entities of
the Republic of Belarus outside the territory of the Republic of Belarus contribute
to the proliferation of weapons of mass destruction and conventional weapons,
or when such actions or agreements inflict damage on the national security,
political interests, and economic interests of the Republic of Belarus.
The
subject Law shall not cover relations which are regulated by patent and
copyright rules, with the exception of those instances in which said rights are
used by their possessors for purposes of the proliferation of weapons of mass
destruction and conventional weapons.
If
rules others than those contained in the Law at hand have been established by
an international agreement of the Republic of Belarus, the rules of the
international agreement shall then be applied.
Article
6. Export Control Laws of the Republic of Belarus
The
export control laws of the Republic of Belarus shall include the Law at hand
and other legislative acts of the Republic of Belarus.
Article
7. Items Which Are Subject to Export Control
Items
which are subject to export control (specific goods) shall be taken to mean:
goods,
technologies, and services specified by international agreements, as well as by
the obligations of the Republic of Belarus, which affect international and
national security;
chemical
substances (toxins), microorganisms (viruses, bacteria), devices, technologies,
and services which may be used to create or produce chemical and
bacteriological (biological) weapons;
goods,
technologies, and services related to the nuclear fuel cycle and the production
of nuclear materials which may be used to create nuclear weapons and nuclear
explosive devices;
goods,
technologies, and services which may be used during the creation of delivery
vehicles for weapons of mass destruction;
weapons
of mass destruction and related delivery vehicles;
goods,
technologies, and services with military applications;
dual-purpose
goods, and;
the
results of scientific and technological work, including information,
documentation, and soft ware, materialized by any means, which may be used
during the creation and production of armaments, military hardware, and
ammunitions.
CHAPTER
2. Procedure for the Exercise of Export Control
Article
8. Concept of the Export Control System
The
export control system shall be taken to mean the set of rules and expedients aimed
at the establishment and utilization of a procedure for engagement in foreign
economic operations involving the movement of items which are subject to export
control across the customs border of the Republic of Belarus and their use, as
well as the set of government agencies ensuring the utilization of this
procedure.
The
export control system shall include:
the
establishment of lists of items which are subject to export control with
allowance for international approaches in this area;
the
establishment of condition for the exportation of items which are subject to
export control to individual countries;
the
licensing of the importation and exportation of items which are subject to
export control;
the
granting of state guarantees that dual-purpose goods which have been carried
into the customs territory of the Republic of Belarus will be used for their
stated purposes and that their reeexportation will only be possible with the
permission of the authorized agencies of the country of origin of these goods;
the
performance of pre- and post-licensing inspections in line with engagement in
foreign economic operations involving items which are subject to export
control, and
the
exchange of information, as well as other cooperation, with international organizations
and the export control agencies of foreign nations.
Article
9. List of Items Which Are Subject to Export Control
Lists
of items which are subject to export control shall be approved by the Council
of Ministers of the Republic of Belarus.
These
lists shall be unclassified and shall be subject to publication following their
approval.
Article
10. Establishment of Special Conditions for the Exportation of Items Which Are
Subject to Export Control to Individual Countries
Items
which are subject to export control shall be exported to all countries, with
the exception of those nations to which such exportation has been prohibited or
restricted in accordance with the international obligations of the Republic of
Belarus. A list of nations as well as individual items which are subject to
export control that have been prohibited for exportation to these nations,
shall be approved by the President of the Republic of Belarus.
Article
11. Licensing
A
standard procedure for the licensing of the importation and exportation of
items which are subject to export control, established by the Council of
Ministers of the Republic of Belarus, shall remain in force within the Republic
of Belarus.
The
interaction of authorized government agencies in the area of export control, as
well as the accounting and control of the execution of the licenses issued,
together with the other documents involved in the movement of items which are
subject to export control across the customs border of the Republic of Belarus
and their use, shall be coordinated by the Ministry of Foreign Economic
Relations of the Republic of Belarus.
Article
12. Performance of Pre- and Post-Licensing Inspections of Items Which Are
Subject to Export Control
In
line with engagement in foreign economic operations involving items which are
subject to export control, pre- and post-licensing inspections shall be
performed by the Ministry of Foreign Economic Relations of the Republic of
Belarus, together with other involved government agencies, in accordance with a
procedure established by the Council of Ministers of the Republic of Belarus.
Article
13. Monitoring of the Use of Dual-Purpose Goods
The
Republic of Belarus, in the person of authorized government agencies, shall
guarantee that of dual-purpose goods are used for their stated purposes.
The
state monitoring of the fulfillment of obligations by Belarusian importers and
consumers under guarantees that imported dual-purpose goods will be used for
their stated purposes shall be performed in accordance with a procedure
established by the Council of Ministers of the Republic of Belarus.
Article
14. Information on Items Which Are Subject to Export Control
In
order to facilitate the performance of the functions with which they have been entrusted,
authorized government export control agencies shall have the right to obtain
documents and information pertaining to export control issues from government
agencies legal entities and physical entities of the Republic of Belarus.
Documents
and information obtained by authorized government export control agencies from
government agencies, legal entities, and physical entities of the Republic of
Belarus pursuant to the Law at hand shall be used exclusively for export
control purpose.
The officials
of authorized government export control agencies shall be prohibited from
disclosing and/or transferring the documents (its content) and the information
specified in part two of the article at hand to third parties.
Article
15. Liability for the Violation of the Export Control Law of the Republic of
Belarus
Parties
who are guilty of providing inaccurate information in the area of export
control, violating the established procedure for the movement of items which
are subject to export control across the customs border of the Republic of
Belarus, or other export control violations shall be held administratively,
criminally, and otherwise liable pursuant to the laws of the Republic of
Belarus.
CHAPTER
3. Final Provisions
Article
16. Entry Into Force of the Law at Hand
The
Law at hand shall enter into force as of the date of its publication.
Article
17. Bringing Standard Legal Acts Into Compliance With the Law at Hand
Until
such time as the laws of the Republic of Belarus have been brought into compliance
with the Law at hand, the legislative acts of the Republic of Belarus shall be
applied to the extent that they do not contravene the Law at hand, unless
otherwise stipulated by the Constitution of the Republic of Belarus.
The
Council of Ministers of the Republic of Belarus shall, within a period of three
months:
bring
the resolutions of the Government of the Republic of Belarus into compliance
with the Law at hand;
ensure
that the republican bodies of state administration subordinate to the Council
of Ministers of the Republic of Belarus review and repeal their standard acts
which contravene the Law at hand, and;
prepare
proposals for bringing the legislative acts of the Republic of Belarus into
compliance with the Law at hand and submit these proposals to the House of
Representatives of the National Assembly of the Republic of Belarus in
accordance with the established procedure.