The Origin of Goods from the EAEU Does Not Guarantee a 15% Preference in Public Procurement in Belarus

The origin of goods from Belarus or another EAEU member state does not, in itself, entitle a participant to a 15% preferential adjustment in public procurement procedures. This rule has been in effect since 24 January 2025 and is particularly important for manufacturers participating in public procurement in Belarus.

What Is a Preferential Adjustment?

A preferential adjustment is a mechanism under which the price offered by a procurement participant is conditionally reduced for the purpose of comparing bids.

What Are the Conditions for Receiving the Preference?

To qualify for the 15% preference on this ground, a product must simultaneously meet two conditions:

• be included in the list established by the Annex to Resolution No. 80 of the Council of Ministers of the Republic of Belarus dated 14 February 2022; and
• originate from Belarus and/or a state granted national treatment in the field of public procurement.

Therefore, it is not sufficient for a manufacturer to confirm only that the goods originate from Belarus or another EAEU member state.

This is particularly important in the procurement of medicinal products. Medicinal products are not included in the list established by the Annex to Resolution No. 80. Therefore, the origin of a medicinal product from Belarus or another EAEU member state does not, in itself, constitute grounds for applying the 15% preferential adjustment.

At the same time, the list under Resolution No. 80 includes certain types of medical devices, including medical needles, catheters, test strips and blood glucose meters. Therefore, the availability of the preference in the procurement of medical devices depends on the specific type of product and whether it is included in the relevant list.

The absence of grounds for applying the 15% preferential adjustment based on the origin of goods does not exclude the possibility of obtaining preferences on other grounds provided for by law. For example, certain organisations may qualify for a preference if they meet the statutory requirements relating to employees with disabilities.

Conclusion

When preparing to participate in a public procurement procedure, it is important to check:

1. the origin of the goods;
2. whether the goods are included in the relevant list; and
3. whether any other conditions for applying a preference are met.

If you are planning to participate in public procurement procedures in Belarus and would like to assess in advance whether your goods may qualify for a preference, the REVERA team can help analyse the applicable grounds and requirements for your specific product.

Contact us at belarus@revera.legal.