Exemption Letter and Negative Decision

What happens when a product is not subject to EAC or mandatory GOST regulations?

Some products fall outside the scope of all EAC regulations and are not covered by any mandatory GOST standards. Examples include:

• PET pipes (HS 3917)
• PVC cable systems (HS 3925) – EAC Certificate of Conformity under CU TR 043 may be required
• Plastic conveyor belts (HS 3926)
• Wooden frames (HS 4414)
• Ceramic tiles (HS 6907)
• Ceramic vessels or objects (HS 6913)
• Mirrors (HS 7009)
• Crystal glasses (HS 7013)
• Domestic-use faucets (HS 8481, specific codes only)
• Prefabricated buildings (HS 9406) – Fire Certificate may be required

The lack of applicable certifications must be demonstrated at customs for customs clearance to proceed. For this reason, two types of exemption documents are commonly used and accepted at customs: the Negative Decision and the Exemption Letter.

What is a Negative Decision?

A Negative Decision (Отрицательное решение in Russian) is essentially an EAC Declaration of Conformity procedure that ends with a certification body stating that the product does not fall under any applicable mandatory technical regulations.

The process is identical to that of an EAC Declaration, except that no testing is required. The goal is precisely to confirm that the product is outside the scope.

Compared to the Exemption Letter, the Negative Decision is considered more formal and rigorous, as it is always issued by a certification body.

What is an Exemption Letter?

An Exemption Letter (Информационное письмо in Russian) is, as its name suggests, a letter that can be signed by a certification body, a technical laboratory, or a recognized certification expert, stating that the product is not subject to EAC regulations nor to mandatory GOST standards.

This broader scope makes it a more “complete” document in terms of coverage, but since it is less official than a Negative Decision, it tends to be less frequently requested by companies.

Negative Decision or Exemption Letter?

The choice should never depend solely on the exporter. In some sectors — such as clothing — the Negative Decision has become the standard.

In other cases, it will depend on the importer’s preference: some explicitly ask for one format or the other, while others are not even aware of the two options.

What is most important to know about Negative Decision and Exemption Letter?

The key issue is territorial scope. Once EAC does not apply, the own rules of each EAEU country may apply.

The case of fiber-optic cables is not unique: other products such as high-voltage motors or certain construction materials may be exported to Russia with an Exemption Letter but require a different approach in Kazakhstan, and vice versa.

This makes it essential to understand the national differences within the EAEU in order to determine whether mandatory certification applies or, if not, which exemption document format is appropriate.