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KEY LEGISLATIVE ACTS AND EXECUTIVE DECREES

The current legal basis for export controls in Belarus is the Law on Export Control adopted in February 1998.  Developed in cooperation with the United States and drawing on legislation adopted or pending in Poland, the Czech Republic, Germany, the United States, and Russia, the law is designed fully to conform to international requirements.[72] The law stipulates export control objectives, principles, general rules and regulations, objects, authorities, and principles of interagency coordination, and provides for pre-license and post-shipment end-use checks as well as civil and criminal penalties for violations.  The legislation also requires the President and the Council of Ministers to adopt and publish lists of controlled items, which will be harmonized with international regimes and are likely to be similar to Russian lists adopted in 1996, and of countries to which exports of these items are prohibited. The government has also enacted an Order on Improving Control Over Transfer of Specific Goods (Technologies and Services) Across the Customs Border, which includes new regulations on licensing and end-use checks.[73]

In a 1996 article, Belarusian Presidential Advisor Ural Latypov noted that Belarusian specialists had drafted seven commodity control lists, which were awaiting final approval. The lists were intended to significantly increase the effectiveness of the export control system, and covered nuclear weapons, material and technologies; chemical weapons and equipment for their production; biological weapons and equipment for their production; means of delivery of NBC weapons; conventional weaponry; raw materials, equipment, inventions, technology, and know-how used in the development of weapons; and dual-use commodities.[40] According to a Belarusian policy analyst, these seven lists are currently in effect.[41] However, they are not necessarily in compliance with the guidelines of international export control regimes.

In addition, a comprehensive law on export controls was drafted in 1995 by the Ministry of Foreign Economic Relations in cooperation with the Ministry of Defense, the Ministry of Foreign Affairs, Ministry of Justice, the State Customs Committee, the State Security Committee, and the Security Council. This interagency group reviewed the draft law with American non-governmental experts in February 1996.[42] The draft law provides for the following:

• a legislative basis for export controls;
• a set of general principles on export controls, basic terms, governmental bodies and their functions;
• the specific categories of items subject to export controls.[43]

The National Assembly may hold its first reading of the law during its Fall 1997 session, although it has not yet been included on the list of legislation up for review. The law will be reviewed first in the House of Representatives, the lower chamber of parliament. The House of Representatives can introduce any changes it deems necessary, after which the law will proceed to the upper chamber, the House of the Republic or "Senate" as it is popularly called. The Senate will examine the law to make sure that it does not contradict the constitution or any other existing Belarusian laws. If there are no objections, the law will be adopted. Once the law has been passed, it must be submitted to the President for approval. If the President opposes the law, he must submit his objections in writing within ten days. The President’s objections would be voted upon by the parliament, with a two-thirds majority vote required to overrule the President. If the National Assembly is unable to overrule Presidential objections, the law would have to be withdrawn and the process commenced anew.[44]

Although the formal process allows for it, it is unlikely that there will be a significant difference of opinion between the National Assembly and President on any piece of legislation, as the members of the current National Assembly were selected by the President himself. If the export control law is introduced to the National Assembly in Fall 1997, it may be adopted in the Winter 1998 session.

The following is a chronological listing of the decrees that currently regulate the Belarusian export control system. In addition to the decrees listed below there is a new Council of Ministers decree "On Improving the Control Over the Export and Import of Specific Goods (Works, Services) in the Republic of Belarus," which may supercede Council of Ministers Resolution No. 213. This decree is currently in the President's office, awaiting presidential approval.

Council of Ministers Resolution No. 516, 8/21/92, "On the Creation of Effective Controls for the Export of Specific Goods and Services in the Republic of Belarus."[45]

This regulation established the export control tasks for which certain ministries and departments are responsible. It also defined the term "goods and services" as: nuclear, chemical, and biological weapons and their delivery systems; conventional weaponry, ammunition, and explosives; technologies, know-how, and research and development relating to weapons; radioactive sources, nuclear materials, poisons, and drugs; precious metals, stones, and rare-earth metals.[46]

Council of Ministers Resolution No. 213, 2/1/94, "On Measures to Improve the Regulation of the Export and Import of Commodities."

This is now the primary export control decree in Belarus, and replacing Council of Ministers Resolution No. 344.[47] This decree supercedes most elements of Resolution No. 344. It outlines the rules and regulations relevant for all export, import, and transit activity in the Republic of Belarus. It likely to be replaced soon by a new Council of Ministers decree, which is currently awaiting approval in the President's Office.

Council of Minister Resolution No. 218, 3/18/97, "On Establishing Prohibitions and Limitations on the Transference of Commodities across the Customs Border of the Republic of Belarus.

This is the most recent export control decree in Belarus. The Center for Nonproliferation Studies is in the process of obtaining a copy of this decree.

Seven Lists of Commodities Subject to Export Controls.

The Center for Nonproliferation Studies is in the process of obtaining the full texts of these lists.

Sources:

[72] "Belarus Adopts Export Control Law," Press Release of the Embassy of the Republic of Belarus to the United States of America, 26 February 1998.
[73] Andrei Makavchik, "Belarus' Export Control Developments and Participation in Multilateral Nonproliferation Regimes," The Monitor, vol. 3/4, no. 4/1, Fall 1997/Winter 1998, pp. 35-37.{updated 7/29/98 FW}
[40] Ural Latypov, "The Belarusian Export Control System," The Monitor, Vol. 2, No. 1-2, Winter-Spring 1996, p. 16.

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This material is produced independently for NTI by the Center for Nonproliferation Studies at the Monterey Institute of International Studies and does not necessarily reflect the opinions of and has not been independently verified by NTI or its directors, officers, employees, agents. Copyright © 2002 by MIIS.

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