On Approval of the Regulations on Labelling and Traceability of Tobacco Products by Means of Identification

Updated Unofficial translation

Order of the Minister of Finance of the Republic of Kazakhstan dated September 28, 2020 No. 927. Registered with the Ministry of Justice of the Republic of Kazakhstan on September 29, 2020 No. 21302.

      Unofficial translation

      Footnote. The heading - as revised by Order of the Deputy Prime Minister - the Minister of Finance of the Republic of Kazakhstan No. 607 of 05.06.2023 (shall come into effect upon expiry of ten calendar days after the day of its first official publication).

      Pursuant to sub-paragraph 5-3) of Article 5 of the Law of the Republic of Kazakhstan “On State Regulation of Production and Turnover of Tobacco Products” and sub-paragraph 2) of Article 7-2 of the Law of the Republic of Kazakhstan “On Regulation of Trade Activity” I HEREBY ORDER:

      Footnote. The preamble - as revised by Order of the Deputy Prime Minister - the Minister of Finance of the Republic of Kazakhstan No. 607 of 05.06.2023 (shall become effective ten calendar days after the date of its first official publication).

      1. That the attached Regulations on Labelling and Traceability of Tobacco Products by Means of Identification shall be approved.

      Footnote. Paragraph 1 - as revised by Order of the Deputy Prime Minister - the Minister of Finance of the Republic of Kazakhstan No. 607 of 05.06.2023 (shall be put into effect upon expiration of ten calendar days after the date of its first official publication).

      2. The State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan, as prescribed by law, shall:

      1) provide the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;

      2) place this order on the Internet resource of the Ministry of Finance of the Republic of Kazakhstan;

      3) within ten working days after the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan, report to the Legal Service Department of the Ministry of Finance of the Republic of Kazakhstan on execution of the actions provided for in subparagraphs 1) and 2) of this paragraph.

      3. This order shall take effect from October 1, 2020 according to the code of the commodity nomenclature of foreign economic activity of the Eurasian Economic Union - 2402209000, from April 1, 2021 according to the commodity nomenclature codes of foreign economic activity of the Eurasian Economic Union - 2403999009, 2402201000, 2402900000, 2402100000, 2401190000000, 2403 and 3824999209.

      Minister of Finance
of the Republic of Kazakhstan
Ye. Zhamaubayev

  Appendix
to Order No. 927
of the Minister of Finance
of the Republic of Kazakhstan
dated September 28, 2020

Regulations on Labelling and Traceability of Tobacco Products by Means of Identification

      Footnote. The heading - as revised by Order of the Deputy Prime Minister - the Minister of Finance of the Republic of Kazakhstan No. 607 of 05.06.2023 (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).

      1. These Regulations on Labelling and Traceability of Tobacco Products by Means of Identification (hereinafter - the Regulations) have been elaborated pursuant to sub-paragraph 5-3) of Article 5 of the Law of the Republic of Kazakhstan “On State Regulation of Production and Turnover of Tobacco Products” and sub-paragraph 2) of Article 7-2 of the Law of the Republic of Kazakhstan “On Regulation of Trade Activity” and establish the procedure for labelling tobacco products by means of identification and their further traceability in the territory of the Republic of Kazakhstan.

      Footnote. Paragraph 1 - as revised by Order of the Deputy Prime Minister - the Minister of Finance of the Republic of Kazakhstan No. 607 of 05.06.2023 (shall come into effect upon expiration of ten calendar days after the date of its first official publication).

      2. For these Rules, the following abbreviations and definitions shall be used:

      1) aggregation - the process of combining consumer packages of tobacco products (hereinafter referred to as Consumer packaging) into a group package of tobacco products (hereinafter referred to as a Group package) and (or) transport packaging of tobacco products (hereinafter referred to as the Transport package) or group packages into a transport package with the preservation of information on the relationship of the identification codes of each nested consumer package with the identification code of the created group and (or) transport packaging, as well as on the relationship of the identification codes of each nested group package with the identification code of the created transport package and the application of the appropriate identification tool on the group package or the identification code on the transport package, in order to ensure the traceability of the movement of tobacco products along the distribution chain without the need to open the created group and (or) transport packaging;

      2) Program Apparatus Complex (hereinafter referred to as PAC) - a set of software and hardware used together to solve problems of a certain type;

      3) cash control machine - an electronic device with a fiscal memory block without a data transfer function, a hardware and software complex with (without) a function (s) of fixing and (or) data transfer, an electronic device with a function of fixing and (or) data transfer, providing registration and display of information on cash settlements carried out in the sale of goods, performance of work, provision of services;

      4) data transfer protocol - a formalized set of requirements for the structure of information packets and the algorithm for exchanging information packets between devices of a data transmission network;

      5) EAEU - Eurasian Economic Union;

      6) EAEU CN code of FEA - code of the commodity nomenclature of the foreign economic activity of the EAEU;

      7) personal profile - a special information service of the information system of labelling and traceability of goods (hereinafter - IS LTG), placed in the information and telecommunication network Internet (hereinafter - the Internet), offered by the Operator to the participant of the turnover or to the public authority controlling the production and turnover of tobacco products;

      8) IIN or BIN - individual identification number or business identification number;

      9) an importer is a participant in the tobacco products turnover who imports tobacco products into the customs territory of the Eurasian Economic Union under the customs legislation of the EEU and (or) the customs legislation of the Republic of Kazakhstan, as well as importing tobacco products into the territory of the Republic of Kazakhstan from another EEU member state;

      10) transport package identification code - a combination of symbols unique for each transport package of tobacco products, formed in accordance with the requirements provided for in Chapter 6 of these Rules;

      11) Acceptance/transfer certificate - an electronic document generated to transfer information about the circulation of goods to the IS MTG by scanning, manually entering or downloading from the file information about identification codes in the Personal Account of the IS MTG and/or by transferring such information using the electronic interface interactions;

      12) application code - a prefix, which is a set of 2 (two) or more characters, located at the beginning of an element string and uniquely defining the purpose and format of the data field following the prefix;

      13) manufacturer - a natural or legal person who produces tobacco products for sale;

      14) labeled tobacco products - tobacco products that have been labeled with means of identification meeting the requirements hereof and details thereof (including details of the means of identification applied to them) are available in the IS LTG;

      15) labelling code - a set of product identification code and verification code formed by the Operator to identify the goods (consumer and group packaging of tobacco products) as required by Chapter 6 hereof;

      16) order management station (hereinafter referred to as OMS) - a server application that provides a participant in the circulation of goods with an interface for working with orders. OMS shall allow you to manage tasks for emission and application of marking codes. At the request of the participants in the turnover, the OMS shall be provided remotely as a service provided by the Operator;

      17) product identification code (unique product identifier) - a combination of product code (GTIN) and individual serial number of the product, unique for each product unit (consumer and group packaging of tobacco products);

      18) the individual serial number of goods - a character sequence that uniquely identifies a unit of goods (consumer or group packaging of tobacco products) within the nomenclature group of goods;

      19) an information system of labelling and traceability of goods - an organised set of information and communication technologies, service personnel and technical documentation, implementing certain technological actions by means of information interaction and designed to solve specific functional issues, designed to support the processes of labelling of goods with means of identification and their further traceability in the process of circulation;

      20) Unified Operator for Labelling and Traceability of Goods (hereinafter - the Operator) - a legal entity designated under Decree of the Government of the Republic of Kazakhstan No. 95 of March 3, 2020 “On the Establishment of the Unified Operator for Labelling and Traceability of Goods”, responsible for the development, administration, maintenance and operational support of the information system for labelling and traceability of goods, including development, maintenance and updating of the National Catalogue of Goods, and other functions specified in Article 7-4 of the Law of the Republic of Kazakhstan “On Regulation of Trade Activities”;

      21) verification code - a sequence of characters generated by the Operator as a result of the cryptographic transformation of the product identification code and allowing to detect the falsification of the identification code;

      22) tobacco products - products made in whole or in part from tobacco leaf and/or other parts of the tobacco plant as raw material, processed in such a way as to be used for smoking, sucking, chewing, sniffing or other means of consumption, including by means of a tobacco heating system or any other device under HS codes 2402209000, 2404, 2403, 2402201000, 2402900000, 2402100000 and 3824999208;

      23) withdrawal of tobacco products from circulation - the sale (realization) of labelled tobacco products to an individual for personal consumption through a cash control machine with the function of fixing and (or) data transmission, registered in accordance with the order of the Minister of Finance of the Republic of Kazakhstan dated February 16, 2018 No. 208 "On some issues of the use of cash control machines" (registered in the Register of State Registration of Regulatory Legal Acts under No. 16508) (hereinafter referred to as the order), seizure (confiscation), disposal, damage, destruction, irretrievable loss, recall of tobacco products for own needs, involving the cessation of further circulation of tobacco products;

      24) means of identification of tobacco products - a code for marking tobacco products in a machine-readable form, presented in the form of a two-dimensional matrix barcode, formed in accordance with the requirements provided for in Chapter 6 of these Rules, for application to consumer and group packaging of tobacco products;

      25) participants in the circulation of tobacco products (hereinafter referred to as the Participant in the circulation) - legal entities or individuals registered as individual entrepreneurs who are residents of the Republic of Kazakhstan, introducing into circulation, circulation and (or) withdrawal from circulation of tobacco products;

      26) transport packaging of tobacco products - packaging that combines tobacco products assembled in consumer and (or) group packaging, used for storage and transportation of tobacco products to protect them from damage during movement and forming an independent transport unit. The shipping package may include smaller shipping packages (volume);

      27) group packaging of tobacco products - a package that combines a certain number of consumer packages;

      28) register of participants in IS MTG - a list of persons who are participants in the turnover, registered in IS MTG;

      29) consumer packaging of tobacco products - the minimum unit of packaging of tobacco products in which tobacco products are purchased by the consumer;

      30) Fiscal Data Operator (hereinafter referred to as FDO) - a legal entity ensuring the transmission of data on cash settlements in operational mode to the state revenue authorities via public telecommunications networks, appointed by the competent authority in coordination with the competent authority in the field of informatisation;

      31) interface of electronic interaction - a description of the methods of interaction between software and hardware of participants in the turnover and IS MTG;

      32) electronic digital signature (hereinafter referred to as EDS) - a set of electronic digital symbols created through an electronic digital signature and confirming the authenticity of an electronic document, its ownership and the invariance of the content;

      33) ASCII - (American standard code for information interchange) - a method of encoding information in which printable and non-printable characters correspond to numeric codes;

      34) DataMatrix - a two-dimensional matrix barcode, which is black and white elements or elements of several different degrees of brightness, applied in the form of a square or circle, placed in a rectangular or square group, designed to encode text or data of other types;

      35) DataMatrix ECC200 - a version of DataMatrix that uses technology to prevent errors and recover damaged information. ECC200 makes it possible to restore the entire sequence of encoded information in the case when the code contains up to 30 per cent of damage. This version of the 2D barcode has an error rate of less than 1 in 10 million characters scanned;

      36) GS1 - international organisation for the standardisation of accounting and bar coding of logistics units;

      37) GS1-128 - the barcode format of the global organization for standardization GS1, designed to transfer information about the cargo between enterprises;

      38) GS1-DataMatrix - GS1 standardized implementation of a two-dimensional matrix barcode Data Matrix;

      39) GTIN (Global Trade Item Number) - a global identification number assigned to a group of goods by the national (regional) GS1 organization in accordance with the rules established by the GS1 system standards, to uniquely identify it in the global economic space. Used as a product code in IS MTG).

      Footnote. Paragraph 2 - as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 31.05.2021 No. 509 (shall come into effect ten calendar days after the day of its first official publication); as amended by order of the Deputy Prime Minister – the Minister of Finance of the Republic of Kazakhstan No. 607 dated 05.06.2023 (shall be effective upon expiration of ten calendar days after the date of its first official publication).

Chapter 2. Turnover parties labelling tobacco products with identification tools

      3. The manufacturer shall label tobacco products manufactured in the territory of the Republic of Kazakhstan with identification tools in accordance with the requirements of these Rules.

      The importer shall ensure the labeling of tobacco products manufactured outside the territory of the Republic of Kazakhstan prior to import into the territory of the Republic of Kazakhstan or before placing tobacco products under the customs procedures for release for domestic consumption or re-import.

      4. Remains of unlabelled disposable e-cigarettes and similar disposable personal electric vaping devices containing both products intended for inhalation without combustion (e.g. liquids, gels) and delivery system in a single case, to be disposed of after consuming the contained products or discharging the battery (not intended for refilling or recharging), included in HS code 2404, shall be sold by participants of turnover by June 30, 2023.

      Footnote. Paragraph 4 - as revised by Order of the Deputy Prime Minister - the Minister of Finance of the Republic of Kazakhstan No. 607 of 05.06.2023 (shall become effective ten calendar days after the date of its first official publication).

Chapter 3. Requirements for turnover parties

      5. Requirements for manufacturers:

      1) presence of EDS;

      2) availability of equipment that ensures application of identification tools on the packages of tobacco products;

      3) the presence of a PAC connected via communication channels to the IS MTG, which provides automated data transmission to the Operator in terms of obtaining marking codes, sending information about the use of marking codes, as well as applying identification means to consumer and group packaging of tobacco products, followed by sending information to the IS MTG on the application, rejection (if any) and aggregation of identification means, as well as information on the circulation of labelled tobacco products in the IS MTG, signed with an EDS.

      Herein, before the date of introduction of the marking established by the Decree, the Operator ensures the organization of testing the information interaction between the PAC of the participants in the turnover and the IS MTG no later than 30 (thirty) calendar days from the date of receipt from the participants in the circulation of an electronic message about readiness for information interaction with the IS MTG;

      4) providing access to the OMS (login and password for access to the OMS shall be provided by the Operator based on results of the turnover party registration in the IS LTC, within 2 (two) calendar days from the date of receipt of an email from the turnover party for installation and provision of access to the OMS).

      Herewith, the Operator shall supply manufacturers with OMS, including their maintenance and technical support on a free-of-charge basis, as per the agreements concluded between the Operator and manufacturers;

      5) presence of PAK capable of generating and transmitting information about the turnover and (or) withdrawal from circulation of labelled tobacco products in the IS LTC, certified by an EDS.

      Footnote. Paragraph 5 as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 31.05.2021 No. 509 (shall come into effect ten calendar days after the day of its first official publication); No. 607 of 05.06.2023 (shall enter into force ten calendar days after the date of its first official publication).

      6. Requirements for importers:

      1) presence of EDS;

      2) providing access to the OMS (login and password for access to the OMS shall be provided by the Operator based on the results of the turnover party registration in the IS LTC, within 2 (two) calendar days from the date of receipt of an email from the turnover party for the provision of remote access to the OMS located in the Operator infrastructure);

      3) presence of PAC connected via communication channels to the IS LTC (if possible), which provides automated data transmission to the Operator in terms of receiving labelling codes, sending information about the use of labelling codes, as well as applying identification tools on consumer and group packages of tobacco products, followed by sending to the IS LTC of information on the application, rejection (if any) and aggregation of identification tools , as well as information on the turnover of labelled tobacco products in the IS LTC, signed with an EDS;

      4) presence of PAC capable of generating and transmitting information about introduction into circulation, turnover and (or) withdrawal from circulation of labelled tobacco products in the IS LTC, certified by an EDS.

      7. Requirements for a turnover participant engaged in wholesale trade:

      1) EDS availability;

      2) availability of a HSS [hardware and software system] with the ability to generate and transmit information on the circulation and (or) withdrawal of labelled tobacco products to the IS LTG, signed by an EDS, including via the personal profile of the IS LTG.

      Footnote. Paragraph 7 - as revised by Order of the Deputy Prime Minister - the Minister of Finance of the Republic of Kazakhstan No. 607 of 05.06.2023 (shall take effect ten calendar days after the date of its first official publication).

      8. Requirements for a turnover participant engaged in retail trade:

      1) EDS availability;

      2) availability of a cash register with the function of fixing and (or) data transmission;

      3) availability of scanning and recognising means of tobacco product identification paired with the cash register, if such scanning means are available;

      4) availability of a contract concluded with a fiscal data operator for transmission of information on withdrawal of labelled tobacco products from circulation using a cash register for each sold unit.

      Footnote. Paragraph 8 - as revised by Order of the Deputy Prime Minister - the Minister of Finance of the Republic of Kazakhstan No. 607 of 05.06.2023 (shall become effective ten calendar days after the date of its first official publication).

      8-1. In the absence of a PAC connected via communication channels to IS MTG and (or) lack of integration with IS MTG, the participant in the turnover shall submit information through the personal account of IS MTG.

      Footnote. The rules are supplemented by paragraph 8-1 in accordance with the order of the Minister of Finance of the Republic of Kazakhstan dated 31.05.2021 No. 509 (shall come into effect ten calendar days after the day of its first official publication).

      9. Manufacturers and importers from the date of carrying out activities for the production and (or) circulation of labelled tobacco products shall:

      1) carry out their registration, as well as registration of tobacco products subject to labelling through identification, in the IS MTG in accordance with the requirements provided for by these Rules, from the day the need arises to carry out activities related to putting into circulation and (or) circulation of tobacco products;

      2) send to the Operator, within 21 (twenty-one) calendar days from the date of registration in the IS MTG, an electronic message for installing and obtaining access to the OMS (for manufacturers) or providing remote access to the OMS located in the Operator's infrastructure (for importers).

      Herein, the Operator, within 2 (two) calendar days from the date of receipt of the specified message, shall provide access to the OMS;

      3) ensure, within 21 (twenty-one) calendar days from the date of registration in the IS MTG, the readiness of the PAC for information interaction with the IS MTG in terms of receiving marking codes and sending information about the use of marking codes, and send an electronic message to the Operator to undergo testing of such information interaction in accordance with the description of the electronic interaction interfaces published on the Operator's Internet resource;

      4) undergo testing of the information interaction of the PAC with the IS MTG within 2 (two) calendar months from the date of readiness of the PAC for such information interaction in accordance with the requirements for the electronic interaction interface published on the Internet resource of the Operator;

      5) enter in real-time in the IS MTG information on the labelling of tobacco products, as well as putting into circulation, their circulation and withdrawal from circulation in accordance with the requirements provided for by these Rules.

      Footnote. Paragraph 9 - as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 31.05.2021 No. 509 (shall come into effect ten calendar days after the day of its first official publication).

      10. Participants in the circulation, carrying out wholesale sales of tobacco products from the date of implementation of activities for the circulation of labelled tobacco products shall:

      1) carry out their registration in the IS MTG in accordance with the requirements provided for by these Rules, from the day the need arises to carry out activities related to the purchase of tobacco products from manufacturers and (or) importers or the need to carry out activities related to the circulation of such products;

      2) ensure, within 21 (twenty-one) calendar days from the date of registration in the IS MTG, the readiness of the PAC for information interaction with the IS MTG in accordance with the requirements for the electronic interaction interface published on the Internet resource of the Operator;

      3) enter in real-time in the IS MTG information on the circulation and (or) withdrawal from circulation of labelled tobacco products in accordance with the requirements provided for by these Rules.

      Footnote. Paragraph 10 - as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 31.05.2021 No. 509 (shall come into effect ten calendar days after the day of its first official publication).

      11. Turnover participants engaged in retail sale of tobacco products from the date of such activity:

      1) shall perform their registration in the IS LTG;

      2) within 21 (twenty-one) calendar days from the date of registration in the IS LTG, shall ensure that the PAC (if any) is ready for information interaction with the IS LTG as per the requirements for the electronic interaction interface published on the Operator's Internet resource;

      3) test scanning and recognition means of means of identification for the possibility of reading the DataMatrix code within 21 (twenty-one) calendar days from the day of registration in the IS LTG, if such scanning means are available;

      4) enter data into the IS LTG on the withdrawal of tobacco products from circulation on the grounds other than those listed in paragraph 57 hereof, based on the notification of withdrawal from circulation to the person listed in paragraph 55 hereof.

      Footnote. Paragraph 11 - as revised by Order of the Deputy Prime Minister - the Minister of Finance of the Republic of Kazakhstan No. 607 of 05.06.2023 (shall be enforced upon expiration of ten calendar days after the day of its first official publication).

Chapter 4. Registration of turnover parties in the information system of labelling and traceability of commodities

      12. Registration of turnover participants in the IS LTG and granting them access to the personal profile shall be made by the Operator subject to submission of the following data signed by the EDS of the first manager or individual entrepreneur:

      1) IIN or BIN;

      2) name of an individual entrepreneur or organisation;

      3) surname, first name, patronymic (if any) of an individual entrepreneur or first manager;

      4) e-mail address of the turnover participant;

      5) contact telephone number.

      Footnote. Paragraph 12 - as revised by Order of the Deputy Prime Minister - the Minister of Finance of the Republic of Kazakhstan No. 607 of 05.06.2023 (shall be implemented ten calendar days after the date of its first official publication).

      13. A turnover participant shall be denied registration in the IS LTG in the following cases:

      1) The IIN or BIN entered when receiving EDS does not correspond to the information entered when registering in the IS LTG;

      2) the turnover participant is already registered in the IS LTG.

      Footnote. Paragraph 13 - as revised by Order of the Deputy Prime Minister - the Minister of Finance of the Republic of Kazakhstan No. 607 dated 05.06.2023 (shall enter into force ten calendar days after the date of its first official publication).

      14. Based on the registration results of the turnover party in the IS LTC the Operator, within 24 hours shall:

      1) email information on the registration to the address indicated at registration;

      2) include the IS LTC parties in the register;

      3) after including the IS LTC parties in the register, provide access to the personal cabinet.

      15. To gain access to the functionality of the IS MTG, the turnover participant shall log in to his/her account using an EDS and provide additional information:

      1) type of turnover participant (manufacturer, importer, wholesaler and (or) retailer);

      2) information about production sites (for the type of participant - manufacturer, importer).

      The turnover participant shall add information on authorized persons who have the right on behalf of the turnover participant to submit and request information in the IS MTG.

      Authorized persons to whom such a right has been transferred shall be authorized in their account using an EDS.

      Footnote. Paragraph 15 - as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 31.05.2021 No. 509 (shall come into effect ten calendar days after the day of its first official publication).

Chapter 5. Registration of tobacco products in the information system of labelling and traceability of commodities

      16. Registration of tobacco products in the IS LTC shall be carried out by:

      1) manufacturers - in the event of tobacco products manufacturing in the territory of the Republic of Kazakhstan, including tobacco products produced by third parties at the manufacturer’s request;

      2) an importer - in the event of importing tobacco products into the territory of the Republic of Kazakhstan.

      17. To register tobacco products in the IS MTG, the turnover participant shall indicate in the IS MTG at least the following information:

      1) IIN or BIN of the applicant;

      2) type of tobacco product;

      3) product code (GTIN);

      4) trade name;

      5) country of production;

      6) CN OF FEA EAEU code;

      7) type of packaging of tobacco products;

      8) the number of units in consumer packaging;

      9) unit of measurement of units in consumer packaging;

      10) the number of consumer packages in a group package (for group packages);

      11) consumer characteristics of the goods;

      12) information about permits (if any).

      Footnote. Paragraph 17 - as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 31.05.2021 No. 509 (shall come into effect ten calendar days after the day of its first official publication).

      18. A participant in the turnover shall be denied registration of tobacco products in the IS MTG in the following cases:

      1) a tobacco product with such a product code (GTIN) has already been registered in the IS MTG;

      2) the product code (GTIN) according to the information resource GS1 Kazakhstan is not subject to use by the turnover participant;

      3) the product code (GTIN) does not exist according to the GS1 information resource.

      Footnote. Paragraph 18 - as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 31.05.2021 No. 509 (shall come into effect ten calendar days after the day of its first official publication).

      19. Based on the tobacco products registration results, the Operator, within 3 (three) working days, shall include the submitted information in the register of commodities and notify the turnover party on the registration of commodities in the IS LTC.

Chapter 6. Characteristics of identification tools of tobacco products

      20. The means of identification of tobacco products are applied in the form of a two-dimensional matrix barcode on the consumer (and in its absence on the material carrier) and group packaging of tobacco products using the ECC-200 error correction method and ASCII coding.

      Footnote. Paragraph 20 - as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 31.05.2021 No. 509 (shall come into effect ten calendar days after the day of its first official publication).

      21. The identification tool for a consumer package of tobacco products shall contain a labelling code that includes three data groups, of which the first two data groups form the identification code for the consumer package, while:

      the first group consists of fourteen digits and contains the product code (GTIN) of the consumer package (the first digit is 0 and the other thirteen digits are the GTIN code);

      the second group consists of seven characters (digits, small and capital letters of the Latin alphabet, as well as special characters) and contains an individual serial number of the consumer package;

      the third group consists of eight characters (digits, small and capital letters of the Latin alphabet, as well as special characters) and contains the authentication code.

      The consumer package identification tool shall be provided as a 2D barcode in DataMatrix format.

      22. The tobacco product group package identification tool shall contain a marking code that includes three data groups, of which the first two data groups form the group package identification code, as well as an arbitrary number of additional data groups, included at the discretion of the tobacco product manufacturer. Data Groups shall be identified by the following attributes as provided by GS1 International Standards:

      the first group of data shall be identified by the application code 01 and contain the product code (GTIN) of the group package, consisting of 14 (fourteen) digits;

      the second group of data shall be identified by application code 21 and contain the individual serial number of the group package, consisting of seven characters;

      the third data group shall be identified by application code 93 and contain an eight-character verification code.

      The multipack identification tool shall be provided as a 2D barcode in GS1-DataMatrix format.

      Footnote. Paragraph 22 - as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 31.05.2021 No. 509 (shall come into effect ten calendar days after the day of its first official publication).

      23. The transport package identification code shall be provided by the turnover party in the form of a one-dimensional bar code corresponding to the international GS1-128 standard or in the form of a two-dimensional bar code in the DataMatrix format. The composition of the transport package identification code shall be determined by the turnover party who aggregates tobacco products into a transport package.

      24. The barcode identification tools shall meet the following requirements:

      1) for a consumer and group package, a module with a size of at least 0.254 mm shall be used;

      2) the probability of counterfeiting by selecting an identification tool shall be less than one in 10,000;

      3) The error recognition and correction function shall be equivalent to or better than that of DataMatrix ECC200.

      25. IS LTC shall not admit re-generation (generation) of the labelling code contained in the identification tool applied to the packaging of tobacco products.

Chapter 7. Procedure for identification tools formation

      26. To ensure labelling of tobacco products using identification, the turnover participant shall send to the Operator, through the IS MTG, a request to receive labelling codes in the form in accordance with Annex 1 to these Rules (hereinafter referred to as the Request).

      The issuance of marking codes shall be refused in the following cases:

      1) the participant in the turnover is not registered in the IS MTG;

      2) the submitted identification code was previously registered in the IS MTG;

      3) the product code is not registered in the goods register;

      4) the product code does not correspond to the "Tobacco products" product group.

      Footnote. Paragraph 26 - as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 31.05.2021 No. 509 (shall come into effect ten calendar days after the day of its first official publication).

      27. Up to 4 (four) hours from the moment of the request registration in the IS LTC the Operator shall:

      1) emit (generate) the number of labelling codes specified in the request using cryptographic protection algorithms based on the data received from the turnover party;

      2) include the corresponding identification codes in the identification tools register;

      3) provide the turnover party with information on the composition of the emitted labelling codes in accordance with the form in Appendix 2 to these Rules.

      28. No later than 30 (thirty) working days from the date of the labelling codes receipt, the turnover party shall convert them into identification tools, ensure their application to the tobacco products packages and transmit information to IS LTC on the identification codes contained in the identification tools applied to the commodities in accordance with the form in Appendix 3 to these Rules, and the date of identification tools application.

      The labelling codes received by the turnover party and containing identification codes that are not included in the information on the application of labelling codes transmitted in accordance with the requirements of these Rules shall be annulled.

      29. The service of granting the labelling code shall be paid by the participant of the turnover before entering into the IS LTG the data on application of the means of identification converted from the corresponding labelling code to the tobacco product under the contract concluded with the Operator.

      The service of providing the labelling code shall be recognized as provided by the Operator at the time of registration in the IS LTC of the information contained in the data on the identification tools application on tobacco products, transferred in accordance with the requirements of these Rules.

      Footnote. Paragraph 29 as amended by Order of the Deputy Prime Minister - the Minister of Finance of the Republic of Kazakhstan No. 607 dated 05.06.2023 (shall be enforced upon expiration of ten calendar days after the day of its first official publication).

      30. Registration of information on the identification tools application shall be refused in the following cases:

      1) absence of the identification codes indicated in the information on identification tools application in the register of identification tools of IS LTC;

      2) information on identification codes was submitted in violation of the requirements provided for in paragraph 28 of these Rules;

      3) absence of the proof of payment for labelling codes converted into identification tools, about the application of which the turnover party transmits information to the IS LTC.

Chapter 8. Procedure for applying identification tools

      31. Application of identification tools on consumer and group packages in case of tobacco items production in the territory of the Republic of Kazakhstan shall be carried out at the places of production or storage of such products, and in the case of import – before the actual crossing of the state border of the Republic of Kazakhstan or the customs territory of the EAEU, or in accordance with chapter 2, paragraph 3 of these Rules before the release of commodities for domestic consumption or re-import.

      32. The means of identification on the consumer packaging of tobacco products under HS codes 2402209000, 2404110001 shall be applied by direct printing method, which does not allow separation of the means of identification from the consumer packaging and overlapping with other information.

      It shall be prohibited to apply the means of identification on transparent wrapping film or any other external wrapping material under HS codes 2402209000, 2404110001.

      In this case, the means of identification shall be placed without breaking the integrity of the information printed on the consumer package as required by the legislation on technical regulation.

      It shall be allowed for HS codes 2402201000, 2402900000, 2402100000, 2403, 2404 (except 2404110001), 3824999208 to apply the means of identification on a tangible medium on top of a transparent wrapping film or any other external wrapping material.

      The means of identification on the group packaging of tobacco products shall be applied to a tangible medium.

      Footnote. Paragraph 32 - as revised by Order of the Deputy Prime Minister - the Minister of Finance of the Republic of Kazakhstan No. 607 of 05.06.2023 (shall be put into effect upon expiry of ten calendar days after the day of its first official publication).

Chapter 9. Procedure for tobacco products aggregating

      33. After aggregation of consumer packages of tobacco products into a group package, before transfer of the aggregate package to the next turnover party, the turnover party shall submit information on the consumer packages aggregation to IS LTC in accordance with the form of Appendix 4 to these Rules.

      34. Information on aggregation of consumer packages into a group package shall be transmitted simultaneously with information on the packages aggregation into a transport package before transfer of the aggregated package to the next turnover party.

      35. After the aggregation of tobacco products packages into a transport package before transfer of the aggregated package to the next turnover party, the turnover party shall submit information on the aggregation of packages to the IS LTC in accordance with the form in Appendix 4 to these Rules.

      36. If the turnover parties provide information to the IS LTC on the circulation or withdrawal from circulation of a part of the tobacco products that are in the group or transport package, the IS LTC registers disassembly of all packages of a higher nesting level that contained the products removed from the packages.

      37. In the case of re-laying group and (or) transport packages into another transport package, information on the aggregation of tobacco products in the IS LTC shall be submitted in the sequence provided for in paragraphs 33, 34 and 35 of these Rules.

      38. Upon receipt of the information on aggregation or change in the composition of the transport package, provided for by this chapter, the operator shall record this in the register of identification tools, and make this information accessible to the turnover parties in the IS LTC.

      39. Within 1 (one) reporting period (month), the average efficiency of aggregating consumer and group packages for all manufactured tobacco products using the direct printing method shall be not less than 99 percent.

      Herein, the absence of information about the identification code shall be allowed for no more than two aggregated consumer packages inside a group package and no more than two group packages inside a transport package.

      In this case, the turnover participant who performed the aggregation, within 3 (three) business days from the date of aggregation, shall transfer to the IS MTG information about the identification codes of consumer packages or identification codes of group packages that were not transferred to the IS MTG during aggregation.

      Herein, the Operator shall enter information about the indicated identification codes into the register of means of identification of the IS MTG as temporarily untraceable.

      Footnote. Paragraph 39 - as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 31.05.2021 No. 509 (shall come into effect ten calendar days after the day of its first official publication).

      40. After disassembly of a group package or transport package and transfer of information on sale (transfer) of the said consumer package or group package by the turnover participant to the IS LTG by the turnover participant engaged in wholesale or retail trade, the Operator shall reflect in the register of means of identification of the IS LTG, in addition to the relevant fact of goods turnover, the fact of restoration of traceability of the said package.

      Footnote. Paragraph 40 - as revised by Order of the Deputy Prime Minister - the Minister of Finance of the Republic of Kazakhstan No. 607 dated 05.06.2023 (shall be put into effect upon expiration of ten calendar days after the date of its first official publication).

Chapter 10. Procedure for providing data to the information system for labelling and traceability of goods when tobacco products are introduced into circulation within the territory of the Republic of Kazakhstan

      Footnote. The heading of Chapter 10 - as revised by Order of the Deputy Prime Minister - the Minister of Finance of the Republic of Kazakhstan No. 607 of 05.06.2023 (shall become effective ten calendar days after the date of its first official publication).

      41. Putting tobacco products into circulation on the territory of the Republic of Kazakhstan shall be:

      1) in the production of tobacco items in the territory of the Republic of Kazakhstan - the primary paid or gratuitous transfer of goods from the manufacturer to a new owner or another person for the purpose of alienation to such a person or for subsequent sale, which makes them available for distribution and (or) use;

      2) when importing tobacco products from the territory of the EAEU member states - registration of the imported commodities based on the results of entering information in the IS LTC on confirmation of the identification codes declared by the importer in the notification on import of commodities to the Republic of Kazakhstan from the territories of the EAEU member states;

      3) when importing tobacco products from the territory of states that are not members of the EAEU - the release by the customs authorities of these products for domestic consumption based on the results of sending a notification to the IS MTG on the import of tobacco products into the Republic of Kazakhstan from the territories of states that are not members of the EAEU.

      Footnote. Paragraph 41 as amended by Order of the Minister of Finance of the Republic of Kazakhstan dated 31.05.2021 No. 509 (shall come into effect ten calendar days after the day of its first official publication).

      42. Participants in the circulation, importing tobacco products into the Republic of Kazakhstan from the territories of the EAEU Member States, shall form a notification on the importation of tobacco products into the Republic of Kazakhstan from the territories of the EAEU Member States in the form in accordance with Annex 5 to these Rules, sign it with an EDS and send it to the IS MTG to obtain a registration number.

      Upon registration of the imported goods, the participant in the turnover shall send to the IS MTG information on the confirmation of the identification codes declared by him earlier in the notification on the import of goods into the Republic of Kazakhstan from the territories of the EAEU member states.

      Footnote. Paragraph 42 - as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 31.05.2021 No. 509 (shall come into effect ten calendar days after the day of its first official publication).

      43. The turnover parties importing tobacco products to the Republic of Kazakhstan from the territories of states that are not members of the EAEU shall form a notification on the tobacco products import into the Republic of Kazakhstan from the territories of states that are not members of the Eurasian Economic Union, in accordance with the form of Appendix 6 to these Rules, sign it with EDS and post it to IS LTC to obtain a registration number.

      44. The notification of tobacco products import to the Republic of Kazakhstan shall be drawn up in electronic form, except when the turnover party has the right to draw up a notification on paper when confirming the information on the Operator's Internet resource about impossibility of issuing a notification in the IS LTC due to technical errors in the IS LTC.

      After elimination of technical errors, a notice on tobacco products import to the Republic of Kazakhstan, previously drawn up on paper, must be entered by the importer into the IS LTC within 1 (one) working day from the date of technical errors elimination in the IS LTC, but no later than the day the commodities are transferred to third parties.

Chapter 11. Procedure for entering information in the IS LTC in the turnover of tobacco products in the territory of the Republic of Kazakhstan

      45. The turnover of tobacco products produced and (or) imported into the territory of the Republic of Kazakhstan after the date of introduction of labelling of tobacco products with means of identification established by the Decree shall be permitted only if data on their turnover is transferred to the IS LTG.

      Footnote. Paragraph 45 - as revised by Order of the Deputy Prime Minister - the Minister of Finance of the Republic of Kazakhstan No. 607 of 05.06.2023 (shall go into effect upon expiration of ten calendar days after the date of its first official publication).

      46. In case of compensated or gratuitous transfer of tobacco products to a new owner, the turnover participant shall form an Acceptance/Transfer Certificate in the form as per Appendix 7 hereto, sign it with EDS and send it to the IS LTG to receive a registration number not later than the next day of sale of tobacco products2.

      Footnote. Paragraph 46 - as revised by Order of the Deputy Prime Minister - Minister of Finance of the Republic of Kazakhstan No. 607 of 05.06.2023 (shall come into effect upon expiration of ten calendar days after the date of its first official publication).

      47. Based on the registration results of the acceptance / transfer Act in the IS LTC, the operator shall transmit in real time information on this Act to the information systems of the State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan, containing, among other things, information on the amount of transferred commodities.

      48. Tobacco products shall be accepted by the turnover participant under the Acceptance/Transfer Certificate within 5 (five) working days from the date of registration of the Acceptance Act, which shall be signed by EDS and forwarded to the IS LTG.

      Footnote. Paragraph 48 - as revised by Order of the Minister of Finance of the Republic of Kazakhstan No. 242 dated 02.03.2022 (shall come into effect upon expiration of ten calendar days after the day of its first official publication).

      49. Upon receipt of the acceptance / transfer Act from both turnover parties signed with EDS, the Operator shall transmit information on the commodities acceptance to the information systems of the State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan.

      50. Should any discrepancy be revealed upon acceptance of tobacco products, the turnover participant shall form a notification on the revealed discrepancies and send it to the turnover participant that made the shipment to make appropriate changes to the previously sent Acceptance/Transfer Certificate or reject it.

      Should the Acceptance/Transfer Certificate be rejected, the turnover participant shall issue a new Acceptance/Transfer Certificate.

      The Acceptance/Transfer Certificate shall be withdrawn by the turnover participant within 5 (five) working days after the date of registration in the IS LTG, but until the moment of confirmation by the recipient without execution of a new one, excluding the case envisaged by part one of this paragraph.

      Footnote. Paragraph 50 - as revised by order of the Minister of Finance of the Republic of Kazakhstan No. 242 dated 02.03.2022 (shall come into effect upon expiration of ten calendar days after the day of its first official publication); as amended by order of the Deputy Prime Minister – the Minister of Finance of the Republic of Kazakhstan No. 607 dated 05.06.2023 (shall become effective ten calendar days after the date of its first official publication).

      51. The notice of revealed discrepancies shall contain the following data:

      1) IIN or BIN of the supplier;

      2) IIN or BIN of the recipient;

      3) the list of identification codes of the accepted packages of tobacco products;

      4) the list of identification codes for the packages of tobacco products, information on which is missing in the acceptance / transfer Act (if any);

      5) details of the acceptance / transfer Act.

      52. The Acceptance/Transfer Certificate shall be executed in electronic form, unless the turnover participant executes the Acceptance/Transfer Certificate on paper, when the information on the Operator's Internet resource confirms that it is impossible to execute the Acceptance/Transfer Certificate in the IS LTG due to technical errors in the IS LTG.

      After elimination of technical errors, the acceptance / transfer Act, previously drawn up on paper, must be entered by the supplier into the IS LTC within 1 (one) working day from the date of the technical errors elimination in the IS LTC, but no later than the day the commodities are transferred to third parties.

      Footnote. Paragraph 52 as amended by Order of the Deputy Prime Minister - the Minister of Finance of the Republic of Kazakhstan No. 607 dated 05.06.2023 (shall take effect ten calendar days after the date of its first official publication).

      53. In the event of revocation of the acceptance / transfer Act by the sender, the Operator shall direct the notice on revocation to the electronic invoices IS.

      54. The change of the owner of the labelling codes in the IS LTC shall be carried out on the basis of confirmed information from the acceptance / transfer Act in the IS LTC.

Chapter 12. Procedure for providing information to the IS LTC at tobacco products withdrawal from circulation

      55. A participant in the turnover involved in the retail sale of tobacco products shall withdraw them from the turnover only on condition that the information on their acceptance in the IS LTG is confirmed in one of the following ways:

      1) by scanning and recognizing the means of identification printed on the packaging of the products sold by technical means interfaced with the cash register installed at the place of business..

      2) presenting to the IS LTG a notification of withdrawal from circulation in the form as per Appendix 8 hereto not later than 30 (thirty) calendar days from the date of sale (disposal).

      Footnote. Paragraph 55 - as revised by Order of the Minister of Finance of the Republic of Kazakhstan No. 242 dated 02.03.2022 (shall be effective ten calendar days after the date of its first official publication).

      56. The fiscal data operator, on the basis of the agreement concluded with the Operator, in accordance with chapters 22, 25 and 24 of the Civil Code, shall transfer information in real time to the IS LTC for each sold commodity unit, including the following data:

      1) IIN or BIN of the seller;

      2) registration number of the cash register;

      3) details of the fiscal document (number and date of the check);

      4) date and price of sale;

      5) the product identification code contained in the identification tools applied to the product.

      57. Tobacco products shall be withdrawn from retail sale in the IS LTG on one of the following grounds:

      1) basing on the data referred to in paragraph 56 hereof, received from the Fiscal Data Operator;

      2) based on the notification of withdrawal from circulation in the form as per Appendix 8 hereto, filed with the IS LTG by the participant of the circulation, engaged in retail sale of tobacco products;

      3) based on the details of the confirmation of the Acceptance/Transfer Certificate filed in the IS LTG by the participant of the turnover, involved in the retail sale of tobacco products, if there is a corresponding mark in the IS LTG on the consent of the participant of the turnover to the automatic withdrawal from the turnover of the received tobacco products and there is no information in the IS LTG on the withdrawal from the turnover, specified in sub-paragraphs 1) or 2) of this paragraph.

      Footnote. Paragraph 57- as revised by Order of the Minister of Finance of the Republic of Kazakhstan No. 242 dated 02.03.2022 (shall take effect ten calendar days after the date of its first official publication).

      57-1. When tobacco products are withdrawn from circulation for reasons other than retail sale, the participant of the turnover, who withdraws these products from circulation, shall file a notification on withdrawal of tobacco products from circulation in the form as per Appendix 8 hereto with the IS LTG.

      Footnote. The Regulations have been supplemented by paragraph 57-1 pursuant to Order of the Deputy Prime Minister - the Minister of Finance of the Republic of Kazakhstan No. 607 dated 05.06.2023 (shall be enacted ten calendar days after the date of its first official publication).
      58. Excluded by Order of the Minister of Finance of the Republic of Kazakhstan No. 242 dated 02.03.2022 (shall enter into force ten calendar days after the date of its first official publication).

Chapter 13. Procedure for providing information to the IS LTC when re-entering tobacco products into circulation

      59. Upon the tobacco products return, the turnover party shall re-introduce such commodities into circulation for further sale.

      60. To re-enter into circulation the tobacco products that were previously withdrawn from circulation during retail sales, the turnover party shall carry out an entry for each restored unit. In this case, the fiscal data Operator, at the turnover party’s request, shall record information in real time on the re-entry into circulation in the IS LTC.

      61. To re-enter into circulation tobacco products previously withdrawn from circulation for reasons other than those specified in paragraph 57 of these Rules, the turnover party shall notify the Operator on re-entry into circulation of the commodities in accordance with the form in Appendix 9 to these Rules.

      62. The Operator shall be notified within a period of not more than 3 (three) working days from the date of occurrence of the grounds for re-entering tobacco products into circulation.

Chapter 14. Procedure for amending information contained in the IS LTC

      63. In the event of a change in the information stipulated in chapters 4, 5, 10 and 11 of these Rules, the turnover party, within 3 (three) working days from the date of the change, shall send a notice on the change in this information to the Operator through the IS LTC.

      64. For cancellation or correction of previously filed to the Operator details on withdrawal of tobacco products from the turnover that are not retail sales, the participant of the turnover shall forward to the Operator information on cancellation of the previously filed information with details and, if required, submit new data.

      Footnote. Paragraph 64 - as revised by Order of the Deputy Prime Minister - the Minister of Finance of the Republic of Kazakhstan No. 607 of 05.06.2023 (shall become effective ten calendar days after the date of its first official publication).

      65. It shall not be allowed to make changes to the IS LTC concerning the information previously submitted by the turnover party in the IS LTC on the launch of tobacco products into circulation, turnover and withdrawal from circulation, during the period when the authorized state body checks the activities of the turnover party who had sent notification on the information change.

Chapter 15. Procedure for submitting information by turnover parties to the Operator

      66. The turnover parties shall submit information to the IS LTC Operator using standard data transfer protocols and electronic interaction interfaces developed by the Operator, or through the personal cabinet of the IS LTC.

      67. The information sent by the participants in the turnover to the IS MTG shall be signed by the EDS of the participant in the turnover or a person authorized on behalf of the participant in the turnover, except for the cases when the following information is transmitted:

      on the retail sale of tobacco products transferred by participants in the turnover in electronic form as part of fiscal documents in accordance with the order;

      transmitted by the participant of the circulation in electronic form using the OMS installed in the places of production of tobacco products.

      Footnote. Paragraph 67 - as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 31.05.2021 No. 509 (shall come into effect ten calendar days after the day of its first official publication).

      68. When putting into circulation, turnover and withdrawal from circulation of tobacco products, the information to the IS LTC shall be submitted by the turnover party sequentially.

      The transfer by a turnover party of information on a group (transport) package shall be deemed equivalent to the transfer of information on consumer (group) packages contained in this group (transport) package according to the IS LTC data.

      69. All documents and information accepted by the IS MTG are subject to reflection in the IS MTG.

      Footnote. Paragraph 69 - as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 31.05.2021 No. 509 (shall come into effect ten calendar days after the day of its first official publication).

      70. The operator shall refuse to accept information provided by the turnover party to the IS LTC in the existence of one of the following grounds:

      1) the information provided contains incorrect data stipulated by these Rules;

      2) the information is not signed with EDS or signed by a person who does not have the authority to sign it on behalf of the turnover party.

      71. The turnover party shall be notified of the receipt of information provided and its entry in the IS LTC or refusal to accept the information by sending a notice (receipt) through the personal cabinet of the IS LTC indicating the date of acceptance of the specified information and entering the information into the IS LTC or the reasons for refusing to enter it.

      72. The date fixed in the receipt on the information acceptance shall be acknowledged as the date of submitting information to the IS LTC.

      The fact of fulfillment by a turnover party of the obligation to submit information to IS LTC shall be confirmed by a receipt on entering information into the IS LTC.

      These notices (receipts) are automatically generated by the IS LTC and shall be sent to the turnover party in electronic form as the transferred information is recorded in the IS LTC.

      73. The turnover party submitting the information shall bear responsibility for completeness, reliability and timeliness of the information provided to the IS LTC.

      74. To ensure control over the tobacco products turnover, the Operator shall provide availability in the IS LTC of the following data:

      1) on the turnover parties;

      2) on tobacco products subject to mandatory labelling;

      3) on the identification tools applied to tobacco products;

      4) on breaches of the mandatory labeling requirements identified by consumers of these commodities;

      5) on the identification codes transmitted to the turnover parties;

      6) on the turnover of labelled tobacco products and their withdrawal from circulation.

      75. To ensure control over the circulation of tobacco products, the Operator shall ensure that the following information is available in the IS MTG:

      1) on the participants in the turnover;

      2) on tobacco products subject to labelling;

      3) on means of identification applied to tobacco products;

      4) on violations of labelling requirements identified by consumers of these goods;

      5) on the identification codes transferred to the participants in the turnover;

      6) on the circulation of labelled tobacco products and their withdrawal from circulation.

      Footnote. Paragraph 75 - as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 31.05.2021 No. 509 (shall come into effect ten calendar days after the day of its first official publication).

Chapter 16. Access to information placed in IS LTC

      76. The operator shall develop and place on the Internet a free mobile application for free use that provides the following options:

      1) readout of the identification tool;

      2) transfer of information contained in the identification tool to the IS LTC;

      3) retrieval of information from the IS LTC on the inspected tobacco products, including the name, country of origin, manufacturer or importer, current (last) owner, status of tobacco products (identification tools), as well as onscreen display of this information on an electronic device;

      4) posting by the mobile application user of information to the IS LTC on possible breaches of the labelling procedure.

      77. Access to information contained in the IS LTG shall be granted under the Code of the Republic of Kazakhstan “On Taxes and Other Obligatory Payments to the Budget” (Tax Code), and the laws of the Republic of Kazakhstan “On Personal Data and Their Protection” and “On Access to Information”.

      For the use of data generated in the process of traceability and contained in the IS LTG, the Operator shall grant access to it to the following persons:

      1) a participant in the turnover of goods in terms of information on transactions with goods;

      2) public authorities in terms of information on participants in the turnover of goods, on goods and their turnover, required for fulfilment of tasks and performance of functions assigned to these public authorities under the laws of the Republic of Kazakhstan;

      3) consumers in terms of information on the characteristics and data of goods contained in the IS LTG.

      Footnote. Paragraph 77 - as revised by Order of the Deputy Prime Minister - the Minister of Finance of the Republic of Kazakhstan No. 607 dated 05.06.2023 (shall be put into effect upon expiration of ten calendar days after the date of its first official publication).

  Appendix 1
to the Regulations on Labelling
and Traceability of Tobacco
Products by Means of Identification

      Document form

Request for labelling codes

      Footnote. Appendix 1 - as revised by Order of the Deputy Prime Minister - the Minister of Finance of the Republic of Kazakhstan No. 607 of 05.06.2023 (shall enter into force ten calendar days after the date of its first official publication).

      Data on the participant of the turnover:

      1. IIN or BIN of the entity _____________________________________

      2. Name of the entity _____________________________________

      3. General data:

      Production order number _____________________ (optionally)

      4. Production data:

      Production identifier (global location number)

      ________________________________________________________________

      Name of production _________________________ (optionally)

      Production address ________________________________ (optionally)

      Country of origin ____________________________________________

      Production line identifier ____________________________

      Date of commencement of production under this order

      __________________________________________________ (optionally)

      5. List of products to be labelled:

No.

Product code1

Number of labelling codes

Method of generating individual serial numbers2

Array of individual serial numbers3

Type of packaging4

1

2

3

4

5

6



















      Details of the registration of the document in the IS LTG:

      Document identifier in the IS LTG _______________________________

      Date and time of registration of the document in the IS LTG _________ __________

      Note:

      1 – no more than 10 product codes shall be entered in one request;

      2 – can take the following values: independently/ by the Operator;

      3 – shall be stated if the value of the Method of Individual Serial Number Generation is equal to “Independently”;

      4 – can take the following values: consumer (Cigarettes, Packs), group (Cigarettes, Blocks).

      Abbreviation decoding:

      IIN or BIN - individual identification number or business identification number;

      IS LTG - information system for labelling and traceability of goods.

  Appendix 2
to the Regulations on Labelling
and Traceability of Tobacco
Products by Means of Identification

      Document form

Details on the issue of labelling codes

      Footnote. Appendix 2 - as revised by order of the Deputy Prime Minister - the Minister of Finance of the Republic of Kazakhstan No. 607 from 05.06.2023 (shall come into effect upon expiry of ten calendar days after the day of its first official publication).

      Data on the participant of the turnover:

      1. IIN or BIN of the entity __________________________________

      2. Name of the entity ___________________________________

      _____________________________________________________________

      3. Under order No. for production site (code) ______ ________

      labelling codes shall be made available:

No.

Product code

Array of labelling codes
(identification code + verification code)

1

2

3




__



      Note: abbreviation expansion

      IIN or BIN - individual identification number or business identification number.

  Appendix 3
to the Regulations on Labelling
and Traceability of Tobacco
Products by Means of Identification

      Document form

Data on the application of means of identification

      Footnote. Appendix 3 - as revised by Order of the Deputy Prime Minister - the Minister of Finance of the Republic of Kazakhstan No. 607 of 05.06.2023 (shall become effective ten calendar days after the date of its first official publication).

      Data on the participant of the turnover:

      1. IIN or BIN of the entity_____________________________________

      2. Name of the entity

      _______________________________________________________________

      3. General information:

      Production line identifier ___________________________

      Production order identifier _____________ (optionally)

      Product brand name_____________________ (optionally)

      Application report identifier APCS ___________ (optionally)

      4. List of used labelling codes:

      Type of use* _____________________________________________

No.**

Labelling code

1

2





      Details of the registration of the document in the IS LTG:

      Document identifier in the IS LTG______________________________

      Date and time of registration of the document in the IS LTG ___________ __________

      Note:

      * – can take the following values: the labelling code has been transferred to the production line/ Production line has sent the labelling code to the printer / labelling code has been printed

      / Confirmed loss of labelling code by printer / Application of labelling code confirmed;

      ** – the number of labelling codes shall not exceed 30,000 codes.

      Abbreviation expansion:

      IIN or BIN - individual identification number or business identification number;

      APCS –Automated Process Control System;

      IS LTG - information system for labelling and traceability of goods.

  Appendix 4
to the Regulations on Labelling
and Traceability of Tobacco
Products by Means of Identification

      Document form

Information on aggregation of packages

      Footnote. Appendix 4 - as revised by Order of the Deputy Prime Minister - the Minister of Finance of the Republic of Kazakhstan No. 607 of 05.06.2023 (shall enter into force ten calendar days after the date of its first official publication).

      1. Data on the participant of the turnover (General data):

      IIN or BIN of the entity________________________________________

      Name of the entity________________________________________

      Production line identifier_____________________________

      Production order identifier

      __________________________________________________(optionally)

      2. Machine data:

      Aggregation type____________________________________________________

Aggregate data

Array of aggregated labelling codes

No.

Identification code of the aggregation unit

Packing capacity

Actual number of pieces in the aggregation unit

No.

Identification code*

1

2

3

4

5

6











      Details of the registration of the document in the IS LTG:

      Document identifier in the IS LTG____________________________________

      Date and time of registration of the document in the IS LTG _____________ ______________

      Note:

      * – the format of the identification code in cases where the LC

      1) GS1 standard is used (e.g. blocks): 01+goods nomenclature (GTIN)+21+serial number;

      2) GS1 standard is not used (bundles): product nomenclature (GTIN)+ serial number.

      Abbreviation expansion:

      LC - labelling code;

      IIN or BIN - individual identification number or business identification number;

      IS LTG - information system for labelling and traceability of goods.

  Appendix 5
to the Regulations on Labelling
and Traceability of Tobacco
Products by Means of Identification

      Document form

Notification of Import of Goods into the Republic of Kazakhstan from the Territories of the Member States of the Eurasian Economic Union No._______of_____________

      Footnote. Appendix 5 - as revised by Order of the Deputy Prime Minister - the Minister of Finance of the Republic of Kazakhstan No. 607 of 05.06.2023 (shall be put into effect upon expiration of ten calendar days after the date of its first official publication).

      General information:

      1. Recipient’s IIN or BIN_______________________________________

      2. Name of the recipient________________________________________

      3. Sender’s identification number (or analogue in the sending country)

            ________________________________________________________________

      4. Sender’s name______________________________________

      5. A member state of the Eurasian Economic Union from whose territory the goods are imported

      from whose territory the goods are imported _______________________________________

      6. Details of the document confirming compliance of the goods with the requirements

      of the technical regulations of the Eurasian Economic Union

      (date of registration and registration number) ___________________________________

      7. Information on payment of excise duty:

      Date and number of receipt___________ ___________

      Excise duty____________________________________________________

      8. Date and number of the primary document - Notification of Carriage*

      ________________________________________________________________

      Product information:

No.

Identification code of the product/packaging

1

2





      The document has been signed by EDS__________________________________________

      Note:

      * – shall be entered in case of entering data on the Notification issued earlier in paper format;

      Abbreviation expansion:

      IIN or BIN - individual identification number or business identification number;

      EDS - electronic digital signature.

  Appendix 6
to the Regulations on Labelling
and Traceability of Tobacco
Products by Means of Identification

      Document form

Notification of the importation of goods into the Republic of Kazakhstan from the territories of States that are not members of the Eurasian Economic Union, Non-members of the Eurasian Economic Union No.__________ of ________

      Footnote. Appendix 6 - as revised by Order of the Deputy Prime Minister - the Minister of Finance of the Republic of Kazakhstan No. 607 of 05.06.2023 (shall come into effect upon expiration of ten calendar days after the date of its first official publication).

      General information:

      1. Recipient’s IIN or BIN_______________________________________

      2. Name of the recipient_______________________________________

      3. Details of the Declaration of Goods:

      Number and date (column “A”)__________________________________________

      4. Decision on goods declaration:

      date and time of acceptance by the customs authority__________________________

      decision code ( in compliance with the classifier of decisions made by the customs authority) __________ ________

      5. Details of the document confirming compliance of goods with the requirements of technical

      regulations of the Eurasian Economic Union (date of registration and registration number) ___________________________________

      6. Date and number of the primary document – Notifications of importation *

      ________________________________________________________________

      Product information:

No.

Code of Commodity Nomenclature of Foreign Economic Activities of the Eurasian Economic Union

Number of the product in the goods declaration

Country of manufacture of tobacco products

Identification code of the product/packaging

1

2

3

4

5






      The document has been signed by EDS__________________________________________

      Note:

      * – shall be entered in case of entering data on the Notification issued earlier in paper format;

      Abbreviation expansion:

      IIN or BIN - individual identification number or business identification number;

      EDS - electronic digital signature.

  Appendix 7
to the Regulations on Labelling
and Traceability of Tobacco
Products by Means of Identification

      Document form

Acceptance/Transfer Certificate No.____ of ________

      Footnote. Appendix 7 - as revised by Order of the Deputy Prime Minister - the Minister of Finance of the Republic of Kazakhstan No. 607 of 05.06.2023 (shall take effect ten calendar days after the date of its first official publication).

      General information:

      1. Sender’s IIN or BIN______________________________________

      2. Sender’s name

      ________________________________________________________________

      3. Recipient’s IIN or BIN______________________________________

      4. Name of the recipient ______________________________________

      5. Date and number of the primary document - Acceptance/Transfer Certificate*

      No._____ dated _______

No.

Product code

Product name

Type of packaging**

Product/packaging identification code

Number of consumer packages

1

2

3

4

5

6







      The document has been signed by EDS__________________________________________

      Note:

      * – shall be stated in case of entering information on the Acceptance/Transfer Certificate issued earlier on paper form;

      ** – may take the following values: consumer, group, transport one;

      Abbreviation expansion:

      IIN or BIN - individual identification number/business identification number;

      EDS - electronic digital signature.

  Appendix 8
to the Regulations on Labelling
and Traceability of Tobacco
Products by Means of Identification

      Document form

Notification of withdrawal from circulation

      Footnote. Appendix 8 - as revised by Order of the Deputy Prime Minister - the Minister of Finance of the Republic of Kazakhstan No. 607 of 05.06.2023 (shall enter into force ten calendar days after the date of its first official publication).

      Data on the participant of the turnover:

      1. IIN or BIN of the entity______________________________________

      2. Name of the entity

      _________________________________________________________________

      Reason for disposal:

      ________________________________________________________________

      Document ____________________No. ________________of_______________

      Details of disposed products:

No.

Product/packaging identification code

1

2





      The document has been signed by EDS_________________________________________

      Details of the registration of the document in the IS LTG:

      Document identifier in the IS LTG______________________________

      Date and time of registration of the document in the IS LTG ___________ __________

      Note: Abbreviation expansion:

      IIN or BIN - individual identification number/business identification number;

      IS LTG - information system for labelling and traceability of goods;

      EDS - electronic digital signature.

  Appendix 9
to the Regulations on Labelling
and Traceability of Tobacco
Products by Means of Identification

      Document form

Notification of entry into circulation

      Footnote. Appendix 9 - as revised by Order of the Deputy Prime Minister - the Minister of Finance of the Republic of Kazakhstan No. 607 of 05.06.2023 (shall become effective ten calendar days after the date of its first official publication).

      Information about the Seller:

      1. IIN or BIN of the entity_____________________________________

      2. Name of the entity_____________________________________

      _______________________________________________________________

      Basis document___________ No. ________ of _______________

      Grounds for putting into circulation___________________________________________



Information on goods restored to circulation:

No.

Identification code of the product

1

2





      The document has been signed by EDS__________________________________________

      Details of the registration of the document in the IS LTG:

      Document identifier in the IS LTG________________________________

      Date and time of registration of the document in the IS LTG _____________ __________

      Note: Abbreviation expansion:

      IIN or BIN - individual identification number/business identification number;

      IS LTG - information system for labelling and traceability of goods;

      EDS - electronic digital signature.

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