Presidential Decree 40 of February 11. Restrictions on foreign parcels
“On the movement of goods for personal use across the customs border of the Customs Union in the Republic of Belarus” (National Legal Internet Portal of the Republic of Belarus, July 24, 2014, 1/15183) the following changes and additions:
1.1. in the title and preamble, the words “Customs Union” should be replaced with the words “Eurasian Economic Union”;
1.2. in point 1:
in subclause 1.1:
in part one:
the words “or”, “200 euros” and “31 kilograms” should be replaced by the words “and (or)”, “22 euros” and “10 kilograms”, respectively;
after the words “such goods” and “ total weight» supplement the part with the words “together”;
in subclause 1.2 the words “Customs Union” should be replaced with the words “Eurasian Economic Union”;
in subclause 1.3, the words “a member state of the Customs Union” should be replaced with the words “a member state of the Eurasian Economic Union”;
Subclause 1.5 should be stated as follows:
"1.5. There is no requirement to provide security for payment of customs duties and taxes in relation to:
goods for personal use, transported across the customs border of the Eurasian Economic Union in the Republic of Belarus in accompanied luggage, to individuals moving to permanent place residence in the Republic of Belarus, as well as individuals who have been granted refugee status in the Republic of Belarus, when placing such goods in cases determined by the customs legislation of the Customs Union, under the customs procedure of customs transit, subject to presentation by an individual moving to permanent residence in the Republic of Belarus , to the customs authority where the goods are released for the purpose of placing under this customs procedure, documents confirming resettlement or indicating the intention of an individual to move to a permanent place of residence in the Republic of Belarus, named in subparagraphs 4.1 and 4.3 of paragraph 4 of the appendix to this Decree, or subject to the submission by an individual who has been granted refugee status in the Republic of Belarus to the specified customs authority of the document named in subparagraph 4.2 of paragraph 4 of the appendix to this Decree;
vehicles for personal use, registered on the territory of foreign states, temporarily imported into the Republic of Belarus by 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, as well as employees of missions government organizations, subordinate to the Government of the Republic of Belarus and located outside the customs territory of the Eurasian Economic Union;”;
in paragraphs three and four of subclause 1.9, replace the words “Customs Union” with the words “Eurasian Economic Union”;
in subclause 1.10:
in part one:
in paragraph one, replace the words “Customs Union” with the words “Eurasian Economic Union”;
in paragraphs two and three, replace the words “territory of the Customs Union” with the words “territory of the Eurasian Economic Union” in the appropriate case;
in part two, replace the words “border of the Customs Union” with the words “border of the Eurasian Economic Union”;
in subclause 1.15 the words “border of the Customs Union” should be replaced with the words “border of the Eurasian Economic Union”;
in subclause 1.16, the words “territories of the Customs Union” should be replaced with the words “territories of the Eurasian Economic Union”;
add subclause 1.18 as follows:
"1.18. goods for personal use do not include goods imported across the customs border of the Eurasian Economic Union in the Republic of Belarus by individuals in accompanied and unaccompanied luggage more than once every three calendar months, if the customs value of such goods exceeds an amount equivalent to 300 euros, and (or) total weight exceeds 20 kilograms.
Part one of this subclause does not apply to:
goods imported by air, as well as imported with exemption from customs duties in accordance with Chapter 45 Customs Code of the Customs Union, paragraphs 2–6, part one of paragraph 7, paragraphs 8–10 of Appendix 3 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 customs operations, related to their release, dated June 18, 2010 and other international treaties of the Republic of Belarus;
used goods imported back in unchanged condition, except for changes due to natural wear and tear or natural decline under normal conditions of transportation (shipment), storage and (or) use (operation), without confirmation of their export outside the customs territory of the Eurasian Economic Union, the customs value and total weight of which do not exceed the cost and weight (quantitative) norms established in paragraph 1 Annex 3 to the Agreement on the procedure for individuals to move goods for personal use across the customs border of the Customs Union and perform customs operations related to their release, dated June 18, 2010.
The goods specified in part one of this subparagraph are subject to customs declaration.”;
1.3. in subclause 4.4, paragraph one of subclause 4.6, paragraphs one and three of subclause 4.8 of clause 4 of the appendix to this Decree, replace the words “Customs Union” with the words “Eurasian Economic Union”;
1.4. paragraph three of subclause 4.8 of clause 4 of the appendix to this Decree after the word “other” should be supplemented with the words “documents and information determined by the State Customs Committee.”
2. The Council of Ministers of the Republic of Belarus, within two months, take measures to implement this Decree.
3. The State Customs Committee should provide broad information to citizens through mass media on the measures provided for by this Decree.
4. This Decree comes into force in the following order:
paragraph 1 – two months after the official publication of this Decree;
other provisions of this Decree - after its official publication.
From April 14, new rules for duty-free import of goods will come into effect in Belarus. This is provided for by Decree No. 40, which was signed on February 11. For now, you can receive duty-free parcels from abroad no more than 200 euros per month and weighing up to 31 kg. These limits will soon be reduced to 22 euros and 10 kg. Those who travel abroad more than once every three months and return with goods worth more than 300 euros or heavier than 20 kg will also have to pay customs duties. If trips abroad occur less than once every three months, then you can import goods worth 1,500 euros and weighing up to 50 kg duty-free.
The innovations raised a lot of questions among our readers; we asked the head of the organization’s department to answer the most common ones customs control State Customs Committee of Sergei FEDOROV.
What do you need to know to receive your parcel?
Why were these particular standards introduced: 22 euros, and not 100 or not 2? N. Sergacheva, Minsk.
The decree was adopted to prevent attempts by citizens to move commercial shipments under the guise of goods for personal use. We analyzed import standards in neighboring countries, countries of the Eurasian Economic Union, the CIS, Canada and China. We looked at how international postal items (IPO) go to Belarus. By the way, Belarusians mostly receive parcels (with purchases, gifts), which cost 10 kg and 22 euros. In addition, in a number of EU member states, for example, in Belgium, the Czech Republic, Italy, Finland, Slovakia, Germany and others, the rate of duty-free shipments is 22 euros. In Sweden and France, all IPOs, regardless of cost, are subject to VAT. By the way, in China this norm is 7 euros. Therefore, a reduction in the duty-free import rate in our country is quite natural.
How will customs authorities determine the value of what is sent from abroad and what payments will follow? P. Trubnik, Gomel.
The calculation is made based on the declared value of the MPO, which was indicated by the sender. If it does not exist or is incorrect, the inspector determines the cost using available price information for similar goods, as well as from various online catalogs. If the limit of 22 euros and 10 kg is exceeded, the addressee will pay 30 percent of the excess amount (but not less than 4 euros per kg), as well as a flat rate of 5 euros - customs duty. For example, for a parcel of 50 euros and weighing 2 kg, duties and taxes will be: (50 - 22) x 30 percent. This is 8.4 euros. Plus 5 euros, we get 13.4. The recipient will be notified that they need to be paid; payment is made at the post office in Belarusian rubles upon receipt of the parcel.
What if the package is not sent by mail, but through an expedited delivery service? Let's say UPS. I. Pastushenya, Dobrush.
For goods delivered by express carriers, similar duty-free import rules apply. At the same time, the customs operations themselves are somewhat different. The operator or owner of the temporary storage warehouse notifies the person about the arrived goods. The recipient then submits the passenger declaration to the customs clearance point. In Minsk (when delivered by air) it is located at the National Airport. If the duty-free limit is exceeded, you will also have to pay extra. By the way, you can use the services of a customs representative, who will arrange the express cargo himself.
Relatives sent the Belarusian an expensive gift. Should it also be no more than 22 euros? Do I need a receipt and what if items and equipment that are not new are being sent? O. Chebuk, Brest.
The inspector is obliged to carry out a customs assessment and determine the value of the goods - this is a generally accepted procedure for the work of customs authorities throughout the world. Whether the product is new or not, the employee will determine by the labels, appearance and so on. We recommend attaching documents to determine the cost, for example, a check. This will significantly reduce the time of customs operations, and the recipient will receive the parcel faster. By the way, Decree No. 40 does not exclude the possibility of receiving duty-free money that was sent in letters with a mandatory value of up to $200.
Is it possible to receive several parcels per month if they do not cost more than 22 euros and do not weigh more than 10 kg? P. Tverdokhlebov, Minsk.
It is possible if this limit is not exceeded in total.
What to do with parcels that have already been ordered and which may take 3 - 6 months? And what rules will generally apply to MPOs ordered before the adoption of the decree, but arriving in Belarus after it entered into force? R. Cherenko, Lida.
The decree clearly states in this regard: import standards apply from the date of registration of the parcel in the temporary storage warehouse. If the shipment arrived and was registered at the warehouse before April 14, then the previous provisions apply.
“Innovations will reduce violations of tax and business legislation, we are told. However, what does all the people have to do with it? - asks Yulia from Stolin. - Now it will be more profitable to buy in Belarusian online stores, but it is much more expensive. What specifically did I do wrong when I want to buy a handbag on AliExpress for 40 euros, and why can’t I order a phone case that we sell for three times as much? In addition, there are things that are simply not produced in Belarus.”
The decree is primarily aimed at eliminating the import of commercial consignments. Of course, this step is to protect, among other things, the economic interests of the country; with duty-free import, we stimulate foreign producers. In 2015, more than 90 percent of our citizens did not receive international parcels at all. Each of the 250 thousand Belarusians received more than 10 international parcels from online stores, 2.5 thousand - over 100. These goods are intended for sale. As for a 40 euro handbag specifically, in the end it will cost you somewhere around 50.4 euros. For low-value goods, such as a phone case, duty-free shipping is still possible.
Will innovations affect postal items From Russia? S. Malets, Grodno
No, they won't touch it.
By the way
A customs study last year found that more than 70 percent of parcels were purchased online.
THE DECREE DOES NOT APPLY
For goods imported into Belarus by air, by employees of diplomatic missions, citizens who received an inheritance outside the Eurasian Economic Union, refugees, internally displaced persons, people entering for permanent residence, as well as those goods that were exported from the country and are being imported back.
Import of goods in questions and answers
What should you do in order not to break the law if a person crosses the border more than once every three months and carries with him goods worth more than 300 euros or heavier than 20 kg? What goods in general and how should they be declared when traveling abroad?
If a citizen does not know what the import standards are and is in doubt about what to do, it is better to declare everything. The customs declaration can be filled out both before the trip in electronic form (on the State Customs Committee website) and already at customs. If you are leaving with a camera or laptop - it’s better to declare it when leaving. Then, upon returning in a controversial situation, you will not have to prove that all this was not purchased, but is simply returning home. Especially if you plan to purchase something abroad. Although in my 20 years of practice, I have not heard of cases where customs officers (even without declarations filled out upon departure) were forced to prove that what was imported back was not a foreign purchase.
Upon return, if you are in doubt whether you are complying with the norm or not, it is better to stand in the red channel and declare the goods, indicating the weight and cost. If this is not your first trip in three months, and the value of the imported goods is more than 300 euros (or the weight is over 20 kg), then a duty, VAT (20 percent) and a fee for customs clearance will be charged on the excess goods.
If citizens want to import duty-free goods for personal use, for example, household appliances more than 300 euros, this can be done three months from the date of the last trip. The limits of 1,500 euros and 50 kilograms remain the same.
Let's calculate: a person enters abroad for the second time in three months and brings a computer for 250 euros, a vacuum cleaner for 100. Or a washing machine for 250 euros and weighing 32 kg. How much will you have to pay at customs?
Consider the option: a computer and a vacuum cleaner. Since the total value is above 300 euros, one product of a person’s choice must be declared with customs duties. In this case, it is not the passenger's customs declaration, and the declaration of goods. When declaring a computer, the amount of customs duties will be 100 euros: this is a customs duty of 50 euros and the same amount of value added tax, customs duty - 0 euros. If you declare a vacuum cleaner with a power of no more than 1,500 W, a volume of no more than 20 liters, then you need to pay 76 euros: customs duty - 50 euros, duty - 5 euros (5 percent rate) and 21 euros VAT. For a washing machine worth 250 euros and weighing 32 kg, you need to pay customs duties in the amount of 130 euros: customs duty - 50 euros, duty (10 percent rate) - 25 euros, VAT - 55 euros.
- Are goods purchased in duty-free shops included in the 20 kg norm and price limit?
Comes in. This product is no different from any other. Again, if you travel less than once every three months, you can buy up to 1,500 euros and weighing up to 50 kg. But with restrictions on the purchase of alcohol and tobacco.
- When importing, is a receipt sufficient to confirm the value of the goods?
The mechanism is the same as for transfers. To confirm the cost, you can submit, for example, a specification, a proforma invoice, a sales receipt, a payment receipt, an inventory of property.
Suppose: a person returns from abroad lightly, without luggage. Does this trip count and will it reduce the limit in the next three months?
Yes, such a trip will be taken into account, because any border crossing involves the movement of goods, even in small quantities. Let's say I'm a driver for a freight company and went on a business trip abroad. In two months, when I go on vacation, I must take into account that goods for personal use will include purchases worth no more than 300 euros and no heavier than 20 kg. Unless, of course, I use air transport, to which the norms of Decree 40 do not apply.
- As for a person who moves to Belarus?
Right. Because he's coming for permanent residence, then his luggage follows the usual import rules, that is, without new restrictions. Of course, when a person presents a passenger declaration, he must have with him confirmation that he is moving to a permanent place of residence. Although each case is considered and monitored individually, because in certain situations a migrant simply does not have time to wait for permits.
Can customs officials offer to pay, for example, for used shoes, a coat, perfume, a phone or a laptop that a traveler takes with him on a trip abroad? How to prove that it all just comes home?
The decree does not apply to used items that are imported back, costing up to 1,500 euros and weighing up to 50 kg.
Have all issues related to Decree 40 been resolved with all parties? Will there be any other innovations?
All issues have been resolved. All that remains is to explain to citizens the provisions of the new normative act. By the way, the mechanism established by the decree has been used by customs authorities in some cases before.
Why not make it better to identify illegal sellers? Do you really think that those who bought for sale will stop doing so? They will transport the goods through Russia.
I believe that the tax and other regulatory services are working and fulfilling their functions. As for Russia, we are already discussing with our colleagues from the EEC the possibility of reducing the norms for duty-free import of goods for personal use throughout the territory of the Eurasian Economic Union.
DIGIT "SB"
Four years ago, about 3 thousand parcels a day arrived in Belarus, now this figure can reach 50 thousand.
Lyudmila Gladkaya, “Soviet Belarus” No. 44 (24926) dated March 10, 2016
Minsk, February 11. Presidential Decree No. 40 of February 11 sharply limited the duty-free import of international parcels.
The document, information about which is posted on the National Legal Internet Portal, amends Decree No. 360 of July 21, 2014 “On the movement of goods for personal use across the customs border of the Customs Union in the Republic of Belarus.”
“It has been established that customs duties are not paid in respect of goods for personal use sent in international mail during a calendar month to the address of one individual located in the territory of the republic, and (or) or imported into the territory of the country during a calendar month to the address of one recipient as goods delivered by the carrier, if the customs value of such goods in the aggregate does not exceed the equivalent of 22 euros, and the total weight in the aggregate does not exceed 10 kilograms (previously 200 euros and 31 kilograms, respectively),” the message says.
The decree comes into force two months after its official publication.
On November 23, 2015, Chairman of the Council of the Republic Mikhail Myasnikovich, at a meeting of the monitoring group to consider draft decrees and laws in the upper house, said that Belarus would insist on imposing VAT on parcels from abroad, which, according to him, “collapsed trade and created problems for industry".
On November 24, the issue of taxation of purchases in foreign online stores was discussed in Moscow at a meeting of the Eurasian Economic Commission, but some representatives of the EAEU member countries did not support the decision to limit duty-free online trade. This issue will be discussed in the future, said then First Deputy Minister of Economic Development of Russia Alexey Likhachev.
On December 14, Deputy Minister of Trade of Belarus Irina Narkevich emphasized that the decision to introduce a tax on purchases in foreign online stores should be balanced.
On January 26, 2016, Chairman of the State Customs Committee Yuri Senko stated at a press conference that customs service does not consider it necessary to introduce restrictions on the import of parcels from abroad for personal use. “The State Customs Committee sets the task of not losing control over the volume of international shipments that go to Belarusian consumers. As for goods for personal use, there are no questions here. This is really very convenient way purchasing goods without having to travel abroad. We only respond to commercial shipments of goods that are trying to be imported under the guise of personal property. We have our own risk analysis and management system, software to consider the frequency of import by the same person of certain goods, when it is clear that they are clearly not imported for personal use,” Senko noted.
According to him, the number of parcels with goods from abroad almost doubled in 2015. “The number of imported international postal items (IPO) is growing every year. In 2013, 1.9 million IPO with commodity investments arrived in Belarus, in 2014 - 6.3 million, in 2015 - 11.8 million. Main a proportion of them are items purchased by individuals in online stores in China, Hong Kong, and the USA,” said the head of the State Customs Committee.
"I'll just stop buying at AliExpress products for an amount greater than 22 euros,”- this is how many Belarusians react today to presidential decree No. 40 of February 11, which sharply limits the duty-free import of international mail.
No more than 22 euros and heavier than 10 kg
If previously, within one month, without paying customs duties, it was possible to receive parcels from abroad with goods for personal use worth 200 euros and weighing 31 kg, now the total cost of goods should not exceed 22 euros, and the total weight - 10 kg.
If the monthly cost limit is exceeded, you will have to pay a fee of 30% of the excess amount. For example, if you received a parcel with goods worth 42 euros, then for the “extra” 20 euros you will have to pay a duty of 6 euros. In addition, a customs fee of 5 euros will be charged for each such parcel.
For every kilogram over the limit, a duty of 4 euros is charged. Two duties at the same time (for “extra” euros and kilograms) are not paid - only a larger one in amount. Duty and fees are paid in Belarusian rubles upon receipt of the parcel at the post office.
Customs authorities will check the cost of goods based on the price information at their disposal.
“Plus, on the Internet we can see how much this or that thing costs,”- reported website at the State Customs Committee.
Decree No. 40 stores.
“As our analysis showed, these goods were imported for commercial use. Compared to 2013, the number of commercial consignments of goods imported from online stores increased sixfold,”- stores were voiced by the former prime minister last summer Mikhail Myasnikovich.
“International postal items are growing exponentially, but in fact do not provide Belpochta with any significant income... Moreover, these parcels come from abroad not only for the personal use of an individual, but they contain entire consignments of goods, which are then sold, that is, sold in markets , in other places",- said Mikhail Myasnikovich.
In addition, according to the former prime minister, the cost of parcels is often deliberately underestimated.
“They are valued at 5, 10 dollars... Although in fact the actual cost is completely different... I am not against people buying this, but this is simply a forgery of the actual cost. This allows you to avoid customs duties, payments, and so on,”- noted Mikhail Myasnikovich.
At one time, the National Bank instructed commercial banks consider the technical feasibility of levying an additional fee from individuals at the stage of payment for goods bank card. Financial institutions notified the regulator that they do not have such a technical capability.
“I think this is the wrong approach. I will insist on this. After all, when we come to the store, VAT is punched at the checkout, and the software works. Every buyer pays tax. We have registration for each parcel. When it is presented, it is quite possible this solve the issue», - the former prime minister said in November last year.
In his opinion, foreign parcels “they collapsed Belarusian trade and created problems for industry.”
According to the State Customs Committee, the number of parcels with goods from abroad almost doubled last year. Thus, if in 2014 Belarus received 6.3 million postal items with goods, then in 2015 - 11.8 million. The main share of them were parcels with goods purchased in online stores in China, Hong Kong and the USA.
The most popular goods among Belarusians are clothing and shoes, mobile phones, tablets, speakers, headphones, memory cards, GPS navigators and others.
“I will stop buying goods more expensive than 22 euros”
Minsk resident Andrey recently bought several flash drives from a foreign online store. On AliExpress they cost twice as much as in Belarus. In addition, he also ordered components for his laptop that were not available in Belarus.
“Now it will be less comfortable, because we are used to ordering all kinds of small equipment from China. The worst thing will probably be for mothers who order clothes and other things for their children. “I personally will just stop buying products worth more than 22 euros on AliExpress,”- says the interlocutor.
He'd rather go to Vilnius for the right product or he will order it to Moscow or Kyiv and ask him to deliver it with a conductor.
“And those people who make a business out of this will simply order goods to Moscow and bring them from there. Moreover, we do not have customs, and in Russia you can order goods worth up to a thousand euros without customs clearance,”- Andrey believes.