Transaction passport as an instrument of currency control in the Republic of Belarus

Passport of the transaction – a document of the established form, which is issued by the exporter or importer under foreign trade agreements, the total value of goods for which exceeds 1,500 euros in equivalent, is registered with the customs authorities and is the main document in the implementation of currency control of foreign trade operations.

According to the application of legal entities and individual entrepreneurs, customs officials under each foreign trade agreement are required to register the transaction passport in case of compliance with the procedure for filling it out and compliance with the foreign trade agreement (the proposed requirements.

Currency legislation in some cases, it allows you to not register the transaction passport. Among these opportunities, the following can be distinguished:

when exporting (importing) goods under contracts, the total value of goods under which does not exceed in equivalent

1500 euros. To determine the value of goods in order to determine the need to register a transaction passport when converting in euros the value of goods expressed in other currencies, apply the rate of the National Bank of the Republic of Belarus, valid at the date of conclusion of the contract; when exporting goods under contracts for which settlements are provided on the terms of 100% prepayment, subject to the presentation by the exporter to the customs of the confirmation of the Belarusian bank about the receipt of cash in his account for all goods specified in the contract, or documentary evidence by the exporter of the fact that he received cash in payment for all goods specified in the contract by submitting to the customs a copy of the receipt order; under contracts providing for the sale of petroleum products, fuel and other related goods to non-residents of the Republic of Belarus through gas stations on the territory of the Republic of Belarus, as well as to residents of the Republic of Belarus through gas stations outside the Republic of Belarus. Moreover, related goods mean goods sold through the retail network of gas stations designed to ensure uninterrupted operation of serviced vehicles; when exporting (importing) goods, moved across the customs border of the Republic of Belarus free of charge under a guarantee stipulated by a foreign trade agreement, and during the warranty period, etc.

In case of a change in the price (cost) or nomenclature of goods, payment currency, calculation form (from commodity to cash, from cash to commodity, offset), defined in the contract or changes to the payer upon import or the recipient of payment for export (or their bank details) in cases provided by law, or obtaining permission from the Ministry of Trade of the Republic of Belarus to extend the term of a foreign trade operation, customs authorities, at the request of a legal entity or individual entrepreneur, are required to register a new transaction passport, drawn up in accordance with the terms of the contract and separately signed additions (amendments) to it, indicating the number of the previous one in the new transaction passport. When changing the above terms of the contract, legal entities and individual entrepreneurs are required to register a new transaction passport within the time period established by law and make appropriate changes to the issued customs permit.

Moreover, changing the terms of the contract without registering a new transaction passport reflecting such changes is not a basis for refusing to accept the goods presented for customs clearance.

If a change in the terms of the contract does not entail a change in the previously declared information in the transaction passport, registration of a new transaction passport is not required.

If other terms of the contract that are relevant for the purpose of currency control are changed, the customs authorities, at the request of the legal entity or individual entrepreneur, also register a new transaction passport, drawn up in accordance with the terms of the contract and separately signed additions (amendments) to it, indicating the number of the previous one in the new transaction passport.

Cancellation of a previously issued certificate of registration of the “Transaction Passport” declaration is not allowed.

Customs authorities have the right to refuse to issue a certificate of registration of a transaction passport. The basis for such a refusal may be:

the absence of permission of the Ministry of Trade of the Republic of Belarus to extend the term of a foreign trade operation in the event that the period for receipt of goods or funds stipulated by the contract exceeds the period established by law; absence in the contract of the date of conclusion of the contract, subject of the contract, quantity of goods, conditions for calculation and delivery, currency of payment, terms of delivery of goods, as well as names, legal addresses and bank details of the contracting parties; other grounds.

Registration of the transaction passport must be carried out at the customs office in whose area of activity a legal entity or individual entrepreneur is registered.

It is allowed to register the transaction passport with another customs if customs clearance or submission of a declaration for the purposes of statistical accounting of all goods under this agreement is carried out at this customs office.

The obligation to fulfill the terms of the transaction declared in the transaction passport throughout the contract, as well as the fulfillment of obligations established by the currency control system, are assigned to a legal entity or individual entrepreneur. The obligation of the customs consists in checking the availability of a issued transaction passport under the contract when a consignment of goods is presented to the customs clearance against this contract and indicating the transaction passport number in the customs declaration, as well as checking the passport number of the transaction affixed to all sheets of the contract, certified by the personal license plate of the official of the customs authority.

Information on the consignment of goods in the customs declaration must comply with the terms of the contract at the time of presentation of the goods to the customs clearance.

The passport of the transaction is issued for all goods that are the objects of the contract between the resident and the non-resident of the Republic of Belarus, providing for the return transfer of goods, the performance of work, and the provision of services. Moreover, under contracts for the performance of work (providing services), the presentation of a transaction passport is required only if the terms of the contract separately from payment for services provide for payment of goods (raw materials, materials), used in the execution of the contract.