How to correctly fill out the fields of the customs declaration related to currency control
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Statistical declaration for import and export of goods for repair
Question: Is it necessary to submit a statistical declaration when goods are temporarily exported from Belarus or imported into its territory for repairs?
Answer: No, in the author’s opinion, there is no need to submit a statistical declaration when goods are temporarily exported from Belarus or imported into its territory for repairs.
Rationale: Statistical declaration is a declaration that is submitted in the form of an electronic document by the exporter (importer), consignor (consignee) or, on their behalf, by a customs representative for the purpose of statistical accounting of shipments (supplies) of goods for which customs operations are not carried out, one by one and more than facts of shipments (supplies) of goods, the total value of which is an amount equivalent to 3000 euros or more, for the reporting calendar month within the framework of a foreign trade agreement providing for the transfer of goods for a fee, is registered with the customs authorities using information systems and information technologies, is a currency control document foreign trade operations <*>.
Taking into account that a foreign trade agreement is an agreement between a resident and a non-resident, providing for the paid transfer of goods, protected information, exclusive rights to the results of intellectual activity, performance of work, provision of services <*>, we can conclude that registration of a statistical declaration for temporary export from Belarus or the import of goods into the territory of Belarus for repair or maintenance, as well as their return import (export), is not required, since there is no transfer of goods for compensation. This conclusion applies both to warranty (free of charge) repairs or maintenance, and to the implementation of such operations on a reimbursable basis.
This conclusion can also be confirmed by the fact that a statistical declaration is issued if the nature of the transaction between a resident and a non-resident is included in the Classifier of the nature of the transaction <*>.
Cases of transfer of goods for repair and return after repair are not identified with separate codes in the Classifier of the nature of the transaction. Code 211 reflects transactions of transfer of goods for processing under contract (subcontract) agreements, with the exception of repairs. Code 212 reflects transactions of transfer of goods after processing under contract (subcontract) agreements, with the exception of repairs. Thus, the Classifier of the nature of the transaction does not include operations of transferring goods for repair under a contract or during the warranty period and their subsequent return from repair.
Thus, in the author’s opinion, when goods are exported from Belarus or imported into the territory of Belarus for repair or maintenance under a contract or under a guarantee, and when repaired goods are returned to the territory of Belarus, statistical declarations are not issued. However, it should be noted that in some cases such declarations still need to be registered.
Registration of a statistical declaration may be required when purchasing consumables, components, spare parts for repairs or maintenance. When carrying out repairs or maintenance under a contract on a reimbursable basis, it may be necessary to use spare parts, components, units and assemblies, which can be paid for by the Belarusian organization separately from the cost of repair or maintenance work or even purchased as part of a separate transaction.
In such a situation, there is a paid transfer of goods from a non-resident to a resident of Belarus and, accordingly, it may be necessary to register an import statistical declaration if the cost of the specified spare parts, components, components and assemblies is an amount equivalent to 3,000 euros or more.
Also, registration of a statistical declaration is necessary when exporting goods for the purpose of replacing them. A situation may arise when, as a result of warranty repairs, manufacturing defects or other equipment defects are identified that cannot be eliminated. Consequently, the equipment is returned to the supplier.
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Appendix 6 to the Order of the State Customs Committee of Russia dated December 17, 2003 N 1460 Appendix 6 to the Order of the State Customs Committee of Russia dated August 23, 2002 N 900
CLASSIFIER OF THE NATURE OF THE TRANSACTION
| Type of agreement | Code |
| 1. Compensatory agreement between a resident and a non-resident, providing for payments for declared (supplied) goods using cash and other means of payment (securities - bills, checks): | — |
| in the currency of the Russian Federation | 01 |
| securities in the currency of the Russian Federation | 07 |
| in the currency of the Russian Federation and securities in the currency of the Russian Federation | 09 |
| in the currency of the Russian Federation for cash payment | 10 |
| in freely convertible currency (except for government loans) | 21 |
| in freely convertible currency on a government loan | 23 |
| in freely convertible currency to repay a government loan | 26 |
| securities in freely convertible currency | 27 |
| in freely convertible currency and in other types of currencies, including the currency of the Russian Federation | 28 |
| others in freely convertible currency and/or securities in freely convertible currency, with the exception of the above | 29 |
| in freely convertible currency (except for state credit) for cash payment | 30 |
| in clearing currency (except for government credit) | 31 |
| in clearing currency for a government loan | 33 |
| in clearing currency to repay a government loan | 36 |
| in a closed currency (except for government credit) | 41 |
| in closed currency on a government loan | 43 |
| securities in a locked currency | 47 |
| in closed currency and in the currency of the Russian Federation | 48 |
| others in closed currency and/or securities in closed currency, with the exception of the above | 49 |
| 2. Compensatory agreement between a resident and a non-resident, providing for the transfer of counter-provisions for declared (supplied) goods in the form of: | — |
| counter deliveries of goods in the order of direct exchange of goods | 51 |
| performance of work and/or provision of services and/or transfer of rights to the results of intellectual activity | 52 |
| counter deliveries of goods and performance of work and/or provision of services and/or transfer of rights to the results of intellectual activity | 53 |
| supplies of natural gas to pay for transit in the territories of other countries | 54 |
| 3. Compensatory agreement between a resident and a non-resident, providing for settlements for declared (supplied) goods using cash and other means of payment (securities - bills, checks), as well as the transfer of other counter-provisions): | — |
| counter deliveries of goods in the order of direct exchange of goods and settlements in the currency of the Russian Federation | 55 |
| counter deliveries of goods and/or performance of work, provision of services, transfer of rights to the results of intellectual activity and settlements in the currency of the Russian Federation and/or securities in the currency of the Russian Federation | 56 |
| counter deliveries of goods and/or performance of work, provision of services, transfer of rights to the results of intellectual activity and settlements with securities in the currency of the Russian Federation | 57 |
| counter deliveries of goods in the order of direct exchange of goods and settlements in foreign currency and/or securities in foreign currency | 58 |
| counter deliveries of goods and/or performance of work, provision of services, transfer of rights to the results of intellectual activity and settlements in foreign currency and/or securities in foreign currency | 59 |
| counter deliveries of goods and/or performance of work, provision of services, transfer of rights to the results of intellectual activity and settlements in foreign currency (and/or securities in foreign currency) and in the currency of the Russian Federation (and/or securities in the currency of the Russian Federation), with the exception of the above | 60 |
| 4. A paid agreement between a resident and a non-resident, the subject of which is the provision of services, performance of work, transfer of rights to results and intellectual activity: | — |
| transfer of the declared goods for rent/leasing with co-payment of rent/leasing in the currency of the Russian Federation | 61 |
| transfer of the declared goods for rent/leasing with co-payment of rent/leasing in foreign currency | 62 |
| transfer of the declared goods for rent/leasing with co-payment of rent/leasing in foreign currency and in the currency of the Russian Federation | 63 |
| transfer of the declared goods for rent/leasing with the provision of goods, works, services, results of intellectual activity as payment for rent/leasing | 64 |
| transfer of declared goods as payment for rent/leasing | 65 |
| supply of goods under construction contracts (including construction contracts) with settlements in the currency of the Russian Federation | 66 |
| supply of goods under construction contracts (including construction contracts) with settlements in freely convertible currency | 67 |
| supply of goods under construction contracts (including construction contracts) with settlements in a locked currency | 68 |
| supply of goods under construction contracts (including construction contracts) with settlements in foreign currency and in the currency of the Russian Federation | 69 |
| supply of goods under contracts for the performance of work (with the exception of construction contracts), provision of services, transfer of rights to the results of intellectual activity with settlements in the currency of the Russian Federation | 71 |
| supply of goods under contracts for the performance of work (with the exception of construction contracts), provision of services, transfer of rights to the results of intellectual activity with settlements in foreign currency | 72 |
| supply of goods under contracts for the performance of work (with the exception of contract agreements), provision of services, transfer of rights to the results of intellectual activity with settlements in foreign currency and the currency of the Russian Federation | 73 |
| supply of goods under contracts for the performance of work (with the exception of contract agreements), provision of services, transfer of rights to the results of intellectual activity with the counter provision of goods, work, services, results of intellectual activity | 74 |
| supply of goods under contracts for the performance of work (with the exception of contract agreements), provision of services, transfer of rights to the results of intellectual activity with counter provision of goods, work, services, results of intellectual activity and settlements in foreign currency and the currency of the Russian Federation | 75 |
| 5. Movement of goods under other contractual obligations or not in connection with the execution of the contract: | — |
| under a gratuitous agreement between a resident and a non-resident or gratuitous supply within the framework of gratuitous contracts (complaints, erroneous delivery, samples, warranty obligations, etc.) | 80 |
| not in connection with the execution of the contract | 81 |
| supply of goods in exchange for shares (bonds), obtaining ownership rights or shares (contributions) in authorized (share) capital | 82 |
| movement of goods received as dividends | 83 |
| according to the agreement only between residents | 84 |
| under an agreement only between non-residents | 85 |
| when making unilateral transactions (without concluding an agreement) for cash in the currency of the Russian Federation | 86 |
| when making unilateral transactions (without concluding an agreement) for cash in freely convertible currency (except for government loans) | 87 |
| other | 90 |
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