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Internal control system of authorized economic operators and customs representatives
On July 25, 2022, the Law of the Republic of Belarus №121-З from July 19, 2021 "On Amendments to the Law of the Republic of Belarus "On Customs Regulation in the Republic of Belarus" came into effect.
According to the transitional regulations of this Law, Customs representatives and authorized economic operators (AEO) must ensure that an internal control system meets the established requirements.
For customs representatives, the requirements for the internal control system are established by subparagraph 1.9 of paragraph 1 of the Article 310 of the Law of the Republic of Belarus dated January 10, 2014 No. 129-З "On Customs Regulation in the Republic of Belarus", and for AEO – subparagraph 1.5 of paragraph 1 of Article 343 of this Law.
It should be noted that the Law "On Customs Regulation" does not establish a strict list of documents required to confirm the existence of an internal control system for AEO and customs representatives, and a legal entity independently determines the internal control system, including internal risk assessment.
Such documents include:
a copy of the order (extract from the order) of the head of the legal entity applying for inclusion in the AEO register or the register of customs representatives may be submitted to the State Customs Committee;
other local acts (instruction, procedure, etc.) issued in the organization;
a letter from the organization explaining the procedure for the functioning of the internal control system, with the attachment of job descriptions to persons ensuring the implementation of the requirements for the internal control system, and other similar documents.
It should be noted that associations of persons engaged in the field of customs affairs, as well as AEO, in coordination with customs authorities, have the right to approve recommendations on the use of internal control systems by their members.
The Republican Union of Participants in Customs Relations and the Association of Customs Representatives have approved and coordinated such recommendations with the State Customs Committee.
Source: SCC Belarus.
