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Foreign trade operations

Permits

Permits
Decision on determination of the goods for which import, export and transit require acquisition of specific documents

According to the Law on Foreign Trade Operations, foreign trade in goods is free and can only be restricted in accordance with the provisions of this law. The measures and detailed conditions for the application of these measures are prescribed by the Government, based on the proposal of the ministry or another competent authority. When a measure prescribes the acquisition of a document as a prerequisite for the import, export, or transit of goods, the list of such goods is published in the "Official Gazette of the Republic of Serbia" – the Decision on determination of the goods for which import, export and transit require acquisition of specific documents.

The Decision outlines a list of goods for which it is necessary to obtain and submit a document to the customs authority upon import and/or export. This document is issued by the ministry, a body appointed by the ministry, or another state authority. The Decision consists of seven annexes listing the tariff codes for goods requiring the acquisition of documents issued by the relevant body based on specific regulations. In addition to the annexes, there is a textual part that pertains to regulations also mandating the acquisition of documents upon import and/or export, but where the goods are not categorized according to the customs tariff nomenclature for various reasons (e.g., waste, which requires knowing the exact chemical composition for each category, dual-use goods, etc.).

Permits for gunpowder; fuses; pyrotechnic products; precious metals and their scrap; tools for ammunition manufacturing; sporting and hunting weapons

Item 3 of the Decision lists the regulations prescribing the acquisition of documents necessary for the import and export of goods, issued by the ministry responsible for trade operations.

Goods that require the acquisition of documents in accordance with the Law on Foreign Trade Operations are classified under the tariff codes in Annex 1, which include: gunpowder; fuses; pyrotechnic products; precious metals and their scrap; tools for ammunition manufacturing; sporting and hunting weapons, parts and accessories; and others. A permit must be obtained and submitted to the customs authority for inspection upon import and export, with the permit number entered in box 44 of the customs declaration (JCI) with code U31, and the appearance of the permit is not prescribed. The permit is issued by a commission, while the interpretation of the regulations under which it is issued, as well as obtaining expert opinions on whether a permit is required for specific goods, is the responsibility of the Group for Foreign Trade System and Protective Measures, Sector for Foreign Trade Policy, Multilateral and Regional Economic and Trade Cooperation, under the ministry responsible for trade.

Goods requiring the acquisition of documents in accordance with the Law on the Export and Import of Arms and Military Equipment and the Decision on the National Control List of Arms and Military Equipment are not classified in accordance with the customs tariff nomenclature. Goods are more precisely defined by the Decision. A permit must be obtained and submitted to the customs authority for inspection upon import and export, with the permit number entered in box 44 of the customs declaration (JCI) with code P07 (for export) or code P08 (for import), and the appearance and content of the permit are prescribed byby-law. Given that the aforementioned law also prescribes the obligation for the transport of military equipment by land and water based on approval from the Ministry of Internal Affairs, or by air based on approval from the Directorate of Civil Aviation, in addition to the permits from the ministry responsible for trade operations, the approval number must be entered in box 44 of the customs declaration (JCI) with code P09 (approval from the Ministry of Internal Affairs) or code P10 (approval from the Directorate).

Since related goods are often classified under the same customs tariff code, it can happen that arms are classified under the same tariff code as, for example, hunting weapons, and that tariff code is already listed in Annex 1 of the Decision. Only in such situations will the permit number be entered in box 44 of the JCI with both code U31 and code P07/P08 (depending on whether it is import or export). The permit is issued by a commission, while the interpretation of the regulations under which it is issued, as well as obtaining expert opinions on whether a permit is required for specific goods, is the responsibility of the ministry responsible for trade operations.

Goods requiring the acquisition of documents in accordance with the Law on the Export and Import of Dual-Use Goods and the Decision on the National Control List of Dual-Use Goods are not classified in accordance with the customs tariff nomenclature. Goods are more precisely defined by the Decision. A permit must be obtained and submitted to the customs authority for inspection upon export, while only a certain category of goods requires permits for import based on the latest amendments to the law, specifically chemicals listed in Schedules 1, 2, and 3 of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction. The permit number is entered in box 44 of the customs declaration (JCI) with code P05 (for export) or code P06 (for import), and the appearance and content of the permit are prescribed byby-law. The permit is issued by a commission, while the interpretation of the regulations under which it is issued, as well as obtaining expert opinions on whether a permit is required for specific goods, is the responsibility of the ministry responsible for trade operations.

Goods that could be used for execution, torture, or other cruel, inhuman, or degrading treatment or punishment are imported and exported in accordance with the Law on Foreign Trade Operations, the Regulation on the Export and Import of Goods That Could Be Used for Execution, Torture, or Other Cruel, Inhuman, or Degrading Treatment or Punishment, and the Decision on the National Control List of Goods That Could Be Used for Execution, Torture, or Other Cruel, Inhuman, or Degrading Treatment or Punishment. These goods are not classified in accordance with the customs tariff nomenclature. Goods are more precisely defined by the Decision. A permit must be obtained and submitted to the customs authority for inspection upon import and export, with the permit number entered in box 44 of the customs declaration (JCI) with code U31, and the appearance and content of the permit are prescribed by by-law. The permit is issued by a commission, while the interpretation of the regulations under which it is issued, as well as obtaining expert opinions on whether a permit is required for specific goods, is the responsibility of the ministry responsible for trade.

Permits for drugs and psychotropic substances

Item 4 of the Decision lists the regulations prescribing the acquisition of documents necessary for the import and export of goods, issued by the ministry responsible for health.

Goods that require a permit in accordance with the Law on Psychoactive Controlled Substances and the Rulebook on Determining the List of Psychoactive Controlled Substances are classified under the tariff codes in Annex 2A (drugs) and 2B (psychotropic substances). A permit must be obtained and submitted to the customs authority for inspection upon import and export, with the permit number entered in box 44 of the customs declaration (JCI) with code U30, and the appearance of the permit is prescribed by by-law. It is important to note that new psychoactive controlled substances are discovered daily on the market, which are not yet linked to the tariff codes of the customs tariff, and these psychoactive controlled substances are listed only at the end of Annex 2A and 2B, with their respective CAS numbers (there are psychoactive controlled substances for which the CAS number has not yet been determined. CAS number is the unique international identification registration number of a chemical substance - Chemical Abstract Service). Regardless of the fact that they are not linked to the tariff codes of the customs tariff, permits are required for these psychoactive controlled substances, as well as for all esters, ethers, isomers, and salts of all psychoactive controlled substances upon import and export (it is especially necessary to pay attention and determine whether the substance is actually an ester, ether, isomer, or salt of a psychoactive controlled substance upon import or export). Also, it should be noted that even though tariff codes 3002 and 3003 are not listed in Annex 2A and 2B, all medicines containing any psychoactive controlled substance as the active ingredient require permits for import and export, and the permit number is entered in box 44 of the JCI with code U30. It is also stated in the title of these two annexes, as well as in the aforementioned law, that there is a permit for the transit of psychoactive controlled substances, and that a permit is required for transit. The ministry responsible for health does not issue a permit for the transit of psychoactive controlled substances; transit is carried out with the export permit of the country of dispatch and the import permit of the country of import (both are submitted to the customs authority at the border crossing for inspection).

Goods that require a permit in accordance with the Law on Substances Used in the Illicit Manufacture of Narcotic Drugs and Psychotropic Substances and the Rulebook on Determining the List of Substances Used in the Illicit Manufacture of Narcotic Drugs and Psychotropic Substances are classified under the tariff codes of the customs tariff and are listed in Annex 2V of the Decision. A permit must be obtained and submitted to the customs authority for inspection upon import and export, with the permit number entered in box 44 of the customs declaration (JCI) with code U30, and the appearance of the permit is prescribed by by-law. At the end of this annex, substances (with their respective CAS numbers) covered by this law but not yet linked to the tariff codes of the customs tariff are also listed.

Goods that require a permit in accordance with the Law on Human Cells and Tissues and other regulations within the competence of the ministry responsible for health are classified under the tariff codes of the customs tariff and are listed in Annex 2G, Annex 2D, and Annex 2Đ of the Decision. A permit, or approval, must be obtained and submitted to the customs authority for inspection upon import, for certain goods, and upon export, with the permit or approval number entered in box 44 of the customs declaration (JCI) with code U37. The appearance of the permit or approval is not prescribed (it is in the form of a decision). Since some goods (e.g., iodides, resorcinol, insulin, lidocaine, paracetamol, cell samples, etc.), whose tariff codes are listed in these annexes, can be used in the bulk production/wholesale of medicines and medical devices, or in the process of clinical trials of medicines/medical devices, the aforementioned obligation to obtain a permit or approval applies only if these goods are imported/exported for other purposes.

If these goods (iodides, etc.) are imported/exported for the purposes of bulk production/wholesale of medicines and medical devices, or in the process of clinical trials of medicines/medical devices, it is necessary to obtain and submit to the customs authority for inspection upon import/export one of the following documents prescribed by the Law on Medicines and Medical Devices or the Law on Medical Devices: a permit for the medicine, an approval for the import of an unregistered medicine, an approval for the import of a medicine/medical device for the purposes of clinical trials, a CPP type B approval, a Decision on the registration of the medical device, or an Approval for the import of an unregistered medical device. In these situations, the registration number of one of the aforementioned documents is entered in box 44 of the customs declaration (JCI) with code U42.

The ministry responsible for health is in charge of issuing permits or approvals, interpreting the regulations under which they are issued, and obtaining expert opinions on whether a permit/approval is required for certain goods.

Permits for substances that deplete the Ozone layer and CITES

Item 5 of the Decision lists the regulations prescribing the acquisition of documents necessary for the import and export of goods, issued by the ministry responsible for environmental protection.

Goods requiring a permit in accordance with the Law on Air Protection, the Regulation on Handling Substances that Deplete the Ozone Layer and the Conditions for Issuing Import and Export Permits for those substances, and the Regulation on Handling Fluorinated Greenhouse Gases and the Conditions for Issuing Import and Export Permits for those gases are classified under the tariff codes in Annex 3A (substances that deplete the ozone layer or cause the greenhouse effect) and Annex 3V of the Decision (equipment/products filled with those controlled substances). Goods whose import and export are prohibited under the aforementioned regulations are also classified and listed in Annex 3B of the Decision (substances that deplete the ozone layer). A permit must be obtained and submitted to the customs authority for inspection upon import and export of these goods, with the permit number entered in box 44 of the customs declaration (JCI) with code U70. The appearance of the permit is not prescribed, but it is issued in the form of a decision. The permit, interpretation of the regulations under which it is issued, and issuance of expert opinions on whether a permit is required for specific goods fall under the responsibility of the ministry responsible for environmental protection.

Goods requiring a permit in accordance with the Law on Environmental Protection, the Law on Nature Protection, the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), the Regulation on Controlling the Use and Trade of Wild Flora and Fauna, the Rulebook on Proclamation and Protection of Strictly Protected and Protected Wild Species of Plants, Animals, and Fungi, and the Rulebook on Cross-Border Trade and Trade in Protected Species are classified under the tariff codes of the customs tariff, but only certain groups of those tariff codes are listed in Annex 3G of the Decision. This annex lists only the tariff codes for protected wild species of plants and animals, their parts, derivatives, and products whose foreign trade is most frequent. However, a permit is required for all goods covered by the aforementioned regulations upon import and export, and the permit number is entered in box 44 of the customs declaration (JCI) with code U46. The appearance of the permit is prescribed by by-law.

(To enable participants in foreign trade to conduct faster and more efficient trade of these goods, automatic control of the submitted documents is implemented. Since not all goods could be covered by this annex due to the volume of material, a Working List of all plant and animal species, their parts, derivatives, and products for which a permit is required for import and export in accordance with the aforementioned regulations is available on the websites of the ministry responsible for environmental protection and the Customs Administration.) The permit, interpretation of the regulations under which it is issued, and issuance of expert opinions on whether a permit is required for specific goods fall under the responsibility of the ministry responsible for environmental protection

Permits for sources of ionizing radiation

Item 6 of the Decision stipulates that goods requiring the acquisition of a permit in accordance with the Law on Radiation and Nuclear Safety and Security are sources of radiation, and they are classified under the tariff codes listed in Annex 4 of the Decision. A permit must be obtained and submitted to the customs authority for inspection upon import and export of sources of radiation, with the permit number entered in box 44 of the customs declaration (JCI) with code U44. The appearance of the permit is prescribed by by-law. The issuance of the permit, the interpretation of the regulations under which it is issued, and the issuance of expert opinions on whether a permit is required for specific goods fall under the responsibility of the Directorate for Radiation and Nuclear Safety and Security.

Conformity documents for pressure equipment

Item 7 of the Decision lists the regulations prescribing the acquisition of a conformity document or an act from the competent authority recognizing the validity of a foreign document (or conformity mark), necessary for the import of goods, issued by specific state bodies and authorities appointed by those state bodies. Goods requiring a conformity document in accordance with the Law on Technical Requirements for Products and Conformity Assessment and the relevant technical and other specific regulations (Rulebook on Cement Quality, Order on Mandatory Testing of Bolts, Nuts, and Washers for Load-Bearing Steel Structures, and Regulation on Technical and Other Requirements for Concrete Reinforcement Steel) are classified under the tariff codes listed in Annex 5A of the Decision. The document must be obtained and submitted to the customs authority for inspection upon import, with the document number entered in box 44 of the customs declaration (JCI) with code U78, and the appearance of the document is prescribed. The issuance of an act recognizing the validity of a foreign conformity document or conformity mark, the interpretation of the regulations prescribing the acquisition of the document, and the issuance of expert opinions on whether a document is required for specific goods fall under the responsibility of the Section for Architectural Policy and Building Products, Sector for Housing and Architectural Policy, Utility Services, and Energy Efficiency, of the Ministry of Construction, Transport, and Infrastructure. The conformity document is issued by bodies appointed by the ministry responsible for construction affairs.

Homologation document

Goods requiring the acquisition of a homologation document in accordance with the Law on Road Traffic Safety are motor vehicles, classified under the tariff codes listed in Annex 5B of the Decision. The document must be obtained and submitted to the customs authority for inspection upon import of motor vehicles, with the document number entered in box 44 of the customs declaration (JCI) with code U62, and the appearance of the document is prescribed. The issuance of the document, the interpretation of the regulations under which it is issued, and the issuance of expert opinions on whether a document is required for specific goods fall under the responsibility of the Road Traffic Safety Agency.

Conformity document for containers for compressed or liquefied gases

Goods requiring the acquisition of a conformity document (Certificate of Inspection) in accordance with the Law on the Transport of Dangerous Goods and the relevant technical and other specific regulations are pressure equipment, classified under tariff code 73.11 of the Customs Tariff, and listed in Annex 5V of the Decision. The document must be obtained and submitted to the customs authority for inspection upon import, with the document number entered in box 44 of the customs declaration (JCI) with code U78, and the appearance of the document is prescribed.

However, pressure equipment marked with the EU conformity mark "CE" is exempt from the obligation to obtain and submit the document to the customs authority. In such situations, the declarant is required to enter code U78 in box 44 of the JCI, and in parentheses next to it, write "CE CONFORMITY MARK." By doing this, the declarant assumes full material and criminal responsibility for the claim that the pressure equipment is marked with the "CE" conformity mark and will bear the appropriate consequences if the inspection by the competent ministry finds otherwise.

he issuance of an act recognizing the validity of a foreign conformity document or conformity mark, the interpretation of the regulations prescribing the acquisition of the document, and the issuance of expert opinions on whether a document is required for specific goods fall under the responsibility of the Ministry of Construction, Transport, and Infrastructure. The conformity document – Certificate of Inspection is issued by bodies appointed by the ministry.

Conformity document for radio and telecommunication equipment

Item 8 of the Decision stipulates that goods requiring the acquisition of a permit in accordance with the Law on Electronic Communications and the Rulebook on Radio Equipment and Telecommunications Terminal Equipment are drones, classified under the tariff codes listed in Annex 6 of the Decision. The permit must be obtained and submitted to the customs authority for inspection upon import of drones, with the permit number entered in box 44 of the customs declaration (JCI) with code U43, and the appearance of the permit is prescribed by by-law. The act recognizing the validity of a foreign conformity document, the interpretation of the regulations under which it is issued, and the issuance of expert opinions on whether a permit is required for specific goods fall under the responsibility of the ministry responsible for trade.


In Annex 7 of the Decision, consisting of two tables, the tariff codes for substances whose import and/or export is prohibited, in accordance with the Law on Chemicals, the Rulebook on the Import and Export of Certain Hazardous Chemicals, and the Rulebook on Restrictions and Prohibitions on the Production, Placing on the Market, and Use of Chemicals, are listed. The Ministry responsible for environmental protection is competent for the interpretation of the aforementioned regulations, as well as for issuing expert opinions on whether a certain substance is subject to an import and/or export ban. Note: In all annexes of the Decision, either ten-digit tariff codes are listed, or goods for which a certain permit/approval/document is required are extracted from the tariff codes, and the ex positions of the tariff codes are listed (in front of the ten-digit code, the ex mark is placed).


Besides the annexes of the Decision, which consist of tariff codes under which goods requiring certain documents are classified, there is a part of the Decision without annexes that only lists the regulations prescribing the obligation to obtain documents upon import and/or export. In this part of the Decision, tariff codes are not listed:

Item 9 of the Decision states that the import and transit of goods – live animals, products of animal origin, as well as food of animal origin, require a document in accordance with the Veterinary Law (Law on Food Safety) and by-laws. The permit must be obtained and submitted to the customs authority for inspection at the border crossing, as well as at the place of customs clearance, with the permit number entered in box 44 of the customs declaration (JCI) with code U64 (or with code I64 in cases where the tariff code also includes goods not covered by the aforementioned regulations), and the appearance of the permit is prescribed by by-laws (Common Veterinary Entry Document - CVED). The Veterinary Directorate is responsible for issuing the document, interpreting the regulations under which it is issued, and issuing expert opinions on whether certain goods are covered by the mentioned regulations.

Note: For goods – fisheries products, item 10 of the Decision states that they shall be imported, exported, or re-exported based on a document prescribed in accordance with the Law on Livestock and the Rulebook on International Catch Certificate and the List of Fisheries Products for which International Catch Certificates are not required. The prescribed document is either an International Catch Certificate, a Re-export Certificate, or a Confirmation that the fisheries products are in accordance with the International Catch Certificate, entered in box 44 with code U86, and this regulation will be applied from January 1, 2021, regardless of the fact that it is already listed in the Decision.

Item 12 of the Decision states that the import and export of goods – waste, requires a permit in accordance with the Law on Environmental Protection, the Law on Waste Management, the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, the Regulation on Waste Lists for Transboundary Movement, the Content and Appearance of Documents Accompanying Transboundary Movement of Waste with Instructions for Their Completion, and the Regulation on Determining Certain Types of Hazardous Waste that Can be Imported as Secondary Raw Materials. The permit must be obtained and submitted to the customs authority for inspection upon import and export of hazardous waste, as well as import and export of all types of non-hazardous waste except aluminum scrap (waste B1-5), with the permit number entered in box 44 of the customs declaration (JCI) with code U59, and the appearance of the permit is not prescribed, but it is in the form of a decision. In addition to the permit, the Document on Transboundary Movement of Waste (whose appearance is standardized) is also submitted, one section of which is completed by the customs authority at the border crossing. Upon import and export of aluminum scrap (non-hazardous waste B1-5), it is necessary to obtain and submit to the customs authority for inspection a Confirmation of Import or Export Notification, and the number of this Confirmation is also entered in box 44 of the JCI with the same code U59. The issuance of the permit or confirmation, the interpretation of the regulations under which they are issued, and the issuance of expert opinions on whether certain goods are waste in accordance with the mentioned regulations, fall under the responsibility of the Waste Management Department, Sector for Waste and Wastewater Management, Ministry responsible for environmental protection.

Item 15 of the Decision states that the export of goods – cultural goods requires a permit in accordance with the Law on Cultural Goods. The permit must be obtained and submitted to the customs authority for inspection upon export, with the permit number entered in box 44 of the customs declaration (JCI) with code U36, and the appearance of the permit is not prescribed, but it is in the form of a decision. The interpretation of the regulations under which the permits are issued, and the issuance of expert opinions on whether certain goods are cultural goods in accordance with the mentioned regulations, fall under the responsibility of the Ministry of Culture. The permit is issued either by the Ministry of Culture, the Republic Institute for the Protection of Cultural Monuments, the National Library of Serbia, or the Provincial Secretariat for Culture.

Item 16 of the Decision states that the import and export of goods – medicines and medical devices require a document in accordance with the Law on Medicines and Medical Devices and the Law on Medical Devices. If the subject of import/export is a registered medicine/medical device, the document that must be obtained and submitted to the customs authority for inspection is the Medicine Permit/Decision on the Registration of a Medical Device, while if unregistered medicines/medical devices are imported/exported, the document is either an Approval for the Import of an Unregistered Medicine/Medical Device, or an Approval for the Import of a Medicine/Medical Device for Clinical Trials, or CPP type B for medicines. The document number must be entered in box 44 of the customs declaration (JCI) with code U42. The interpretation of the regulations under which the documents are issued, and the issuance of expert opinions on whether a document is required for certain goods, fall under the responsibility of the Sector for Medicines and Medical Devices, Psychoactive Controlled Substances, and Precursors, Ministry of Health, while the document itself is issued by the Medicines and Medical Devices Agency.

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