Unofficial translation
Footnote. It became invalid by Order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan No. 425 dated 09.06.2023 (effective after ten calendar days after the date of its first official publication).In accordance with subparagraph 14) of Article 6 of the Law of the Republic of Kazakhstan dated July 21, 2007 "On export control" and subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On public services", I HEREBY ORDER:
Footnote. The preamble – as amended by the order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 16.06.2020 No. 354 (shall be enforced twenty-one calendar days after the day of its first official publication).1. To approve the attached Rules for licensing of export and import of products.
2. The Committee for Industrial Development and Industrial Safety of the Ministry of Investment and Development of the Republic of Kazakhstan (A. Yerzhanov) shall:
1) provide the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days from the date of the state registration of this order, direct a copy of it in printed and electronic form in Kazakh and Russian to the Republican State Enterprise with the Right of Economic Management “Republican Center of Legal Information” for official publication and inclusion in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan;
3) within ten calendar days after the state registration of this order, direct a copy of it for official publication in periodicals;
4) place this order on the Internet resource of the Ministry of Investment and Development of the Republic of Kazakhstan;
5) 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 Department of the Ministry of Investment and Development of the Republic of Kazakhstan on execution of the actions provided for in subparagraphs 1), 2), 3) and 4) of this paragraph.
3. Control over the execution of this order shall be assigned to the supervising Vice Minister of Investment and Development of the Republic of Kazakhstan.
4. This order shall take effect upon expiry of twenty one calendar days after the date of its first official publication.
|
Minister of Investment and Development of the Republic of Kazakhstan |
Zh. Kassymbek |
“AGREED”
Minister of Information and Communications
of the Republic of Kazakhstan
__________________ D. Abayev
November 3, 2016
“AGREED”
Deputy Prime Minister
of the Republic of Kazakhstan -
Minister of Agriculture
of the Republic of Kazakhstan
__________________ A. Myrzakhmetov
December 5, 2016
“AGREED”
Minister of Education and Science
of the Republic of Kazakhstan
__________________ E. Sagadiyev
November 4, 2016
“AGREED”
Minister of Finance
of the Republic of Kazakhstan
__________________ B. Sultanov
October 26, 2016
“AGREED”
Minister of Defense
of the Republic of Kazakhstan
__________________ S. Zhasuzakov
December 7, 2016
“AGREED”
Minister of Foreign Affairs
of the Republic of Kazakhstan
__________________ Ye. Idrissov
December 13, 2016
“AGREED”
Chairman of the National Security Committee
of the Republic of Kazakhstan
__________________ K. Massimov
November 21, 2016
“AGREED”
Minister of National Economy
of the Republic of Kazakhstan
__________________ K. Bishimbaev
October 21, 2016
“AGREED”
Minister of Internal Affairs
of the Republic of Kazakhstan
__________________ K. Kassymov
December 14, 2016
“AGREED”
Minister of Energy
of the Republic of Kazakhstan
__________________ K. Bozumbayev
November 1, 2016
| Approved by order No. 719 of the Minister of Investment and Development of the Republic of Kazakhstan dated October 13, 2016 |
The Rules for licensing the export and import of products subject to export control
Footnote. The Rules – as amended by the order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 16.06.2020 No. 354 (shall be enforced twenty-one calendar days after the day of its first official publication).
Chapter 1. General provisions
1. These Rules for licensing the export and import of products subject to export control (hereinafter referred to as the Rules) are developed in accordance with subparagraph 14) of Article 6 of the Law of the Republic of Kazakhstan dated July 21, 2007 "On export control" and subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On public services" (hereinafter referred to as the Law) and determine the procedure for licensing the export and import of products subject to export control.
2. Licensing of export and import of products subject to export control is carried out for the purpose of official recognition by the authorized body in the field of export control of the powers of an individual or legal entity to export or import products subject to export control.
3. These Rules apply to all individuals and legal entities (hereinafter referred to as the service recipient).
4. The issuance of a license for the export and import of products subject to export control is a public service (hereinafter referred to as a public service) and is provided by the Industrial Development Committee of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan (hereinafter referred to as the service provider) in accordance with these Rules.
Footnote. Paragraph 4 as amended by the order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 23.06.2021 No. 321 (shall be enforced sixty calendar days after the date of its first official publication).5. The license and (or) the appendix to the license in the field of export and import of products subject to export control (hereinafter referred to as the license) is inalienable and is not transferred by the licensee to another individual or legal entity.
6. The license is an official document authorizing the service recipient to export or import products subject to export control under the terms of the license during the period specified in paragraph 8 of these Rules.
7. The list of products, the export or import of which is subject to licensing, is approved by the resolution of the Government of the Republic of Kazakhstan dated February 5, 2008 No. 104 "On approval of the nomenclature (list) of products subject to export control" in accordance with international export control regimes and in order to ensure national security.
8. The license is issued to the service recipient for a period of no more than 1 (one) year. The validity period of the license is limited by the validity period of the documents specified in Appendix 1 to these Rules.
9. A license is issued for each type of goods in accordance with the unified commodity nomenclature of foreign economic activity of the Eurasian Economic Union and the Unified Customs Tariff of the Eurasian Economic Union, approved by the decision of the Council of the Eurasian Economic Commission dated July 16, 2012 No. 54 (hereinafter referred to as CN FEA), indicating a ten-digit code, regardless of the number of items included in the agreement (contract). Changes and additions to the issued licenses are not allowed.
10. It is allowed to use CN FEA codes that are not in the nomenclature (list) of products, since the final decision on the identification and correlation of a particular product to a dual or military purpose is determined by the technical parameters of the controlled products of this list corresponding to a certain code according to the control lists.
11. A license is issued for the movement of products subject to export control both within the Eurasian Economic Union and to and from third countries.
12. The license and (or) the appendix to the license are subject to renewal in cases established by the Law of the Republic of Kazakhstan dated May 16, 2014 "On permits and notifications".
Chapter 2. Procedure for provision of a public service
13. In order to receive a public service, the service recipient sends the service provider via the e-government web portal www.egov.kz, www.elicense.kz (hereinafter referred to as the portal) the documents required for the provision of a public service, the list of which is given in the Public Service Standard in accordance with Appendix 1 to these Rules (hereinafter referred to as the Public Service Standard).
14. When the service recipient submits all the necessary documents through the portal, the status of acceptance of the request for the provision of a public service is displayed in the "personal account" of the service recipient, indicating the date of receipt of the result of the public service.
15. The list of basic requirements for the provision of a public service, including the characteristics of the process, form, content and result of the provision, as well as other information, taking into account the specifics of the provision of the public service, are set out in the Public Service Standard.
16. The general term of consideration and provision of public services are:
when issuing a license - no later than 30 (thirty) working days, except for the case when it is necessary to obtain confirmation of the authenticity of the certificate of the end user of the importing country. In this case, the license is issued upon receipt of such confirmation;
when renewing the license and (or) the appendix to the license - no later than 3 (three) working days;
in case of renewal of the license and (or) the appendix to the license in case of reorganization of the service recipient in the form of allocation or division - no later than 30 (thirty) working days.
17. An employee of the office of the service provider accepts and registers documents on the day they are received and sends them to the head of the service provider, for whom the responsible executor is appointed.
If the service recipient applies after the end of working hours, on weekends and holidays, according to the labor legislation of the Republic of Kazakhstan, the application is accepted and the result of the provision of public services is issued on the next working day.
18. The responsible executor, within 2 (two) working days from the date of registration of the documents submitted by the service recipient, verifies the completeness of such documents and, if the service recipient submits an incomplete package of documents, prepares a reasoned refusal in accordance with Appendix 2 to these Rules (hereinafter referred to as a Reasoned Refusal) signed by the EDS of the head of the service provider or a person replacing him, and sends it to the service recipient through the portal in the form of an electronic document to the personal account of the service recipient.
19. The service provider receives information about the identity document of an individual, about the state registration (re-registration) of a legal entity, an individual entrepreneur of the Republic of Kazakhstan from the relevant state information systems through the gateway of the "electronic government".
20. If the service recipient submits a complete package of documents, the responsible executor within 2 (two) working days from the date of registration of these documents sends a request to the relevant state authorities to obtain approval regarding the compliance of the service recipient with the qualification requirements.
Simultaneously with the request to the relevant state authorities, the responsible executor sends the guarantee obligation of the importing country, submitted by the service recipient to the Ministry of Foreign Affairs of the Republic of Kazakhstan, to obtain confirmation of its authenticity verification.
When considering the documents submitted by the service recipient for obtaining a license for the export of products subject to export control, corresponding to the control codes 1C350 or 10C905, approved by the resolution of the Government of the Republic of Kazakhstan dated February 5, 2008 No. 104 "On approval of the nomenclature (list) of products subject to export control", the responsible executor sends the guarantee obligation of the importing country submitted by the service recipient to the Ministry of Foreign Affairs of the Republic of Kazakhstan to obtain confirmation of its authenticity verification in the following cases:
primary export to the counterparty in accordance with the foreign trade contract;
receipt by the authorized body of information from state bodies about possible risks during export.
The service recipient, within 7 (seven) working days from the date of submission of documents for obtaining a license for the export of products subject to export control, submits to the office of the service provider the original of end-user certificate.
On the basis of paragraph 1) of Article 16 of the Law of the Republic of Kazakhstan dated July 21, 2007 "On export control", the service provider requests and receives from the service recipient the necessary documents and information.
State bodies, based on the request of the service provider, within 10 (ten) working days, send a response to the service provider about the compliance or non-compliance of the service recipient with the qualification requirements.
If the state authorities fail to provide a response within the established time frame, the issuance of a license is considered agreed.
After exporting military products, the service recipient, in accordance with the terms of a foreign trade agreement (contract) or other document confirming the intentions of the parties with the importer (end user), is obliged to provide the service provider with a certificate confirming the delivery of products subject to export control.
21. Within one (1) working day after consideration of the application, the responsible contractor shall draw up the result of the public service provision - a license, a re-issued license for the export and import of products, in the form specified in Annex 3 to the Rules.
If the grounds for refusal to provide a public service are identified, the service provider shall notify the service recipient of the preliminary decision on refusal to provide a public service, as well as the time and place (method) of hearing for the opportunity to express a position to the service recipient by a preliminary decision.
The notice of hearing shall be sent to the e-mail address of the service recipient specified in the application at least three (3) working days before the completion of the term of the public service. The hearing shall be held no later than two (2) working days from the date of notification.
Based on the results of the hearing, the service provider shall issue a license, a re-issued license for the export and import of products subject to export control, or a motivated refusal to provide a public service.
Footnote. Paragraph 21 - in the wording of the order of the acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 13.05.2022 No. 268 (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).22. The service provider ensures that data on the stage of rendering public service are entered into the information system for monitoring the provision of public services in accordance with the procedure established by the authorized body in the field of informatization.
When rendering a public service through the state information system of permits and notifications, data on the stage of rendering a public service is automatically transmitted to the information system for monitoring the provision of public services.
Chapter 3. Procedure for appealing decisions, actions (inaction) of the service provider on the provision of public services
23. Consideration of the complaint regarding the provision of public services shall be carried out by a higher administrative body, an official, an authorized body for assessing and monitoring the quality of the provision of public services (hereinafter referred to as the body considering the complaint).
The complaint shall be submitted to the service provider and (or) to the official whose decision, action (inaction) shall be appealed.
The service provider, the official whose decision, action (inaction) are appealed shall, no later than 3 (three) working days from the date of receipt of the complaint, send it and the administrative case to the body considering the complaint.
At the same time, the service provider, an official whose decision, action (inaction) are appealed, shall not send a complaint to the body considering the complaint, if he makes a favorable decision within 3 (three) working days, will perform an action that fully meets the requirements specified in the complaint.
The complaint of the service recipient received by the service provider, in accordance with paragraph 2 of Article 25 of the Law, shall be subject to consideration within 5 (five) working days from the date of its registration.
The complaint of the service recipient received by the authorized body for the assessment and control of the quality of the provision of public services shall be subject to consideration within 15 (fifteen) working days from the date of its registration.
Footnote. Paragraph 23 - in the wording of the order of the acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 13.05.2022 No. 268 (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).24. Unless otherwise provided by the Laws of the Republic of Kazakhstan, appeal to the court shall be allowed after an appeal in pre-trial order in accordance with paragraph 5 of Article 91 of the Administrative Procedural Code of the Republic of Kazakhstan.
Footnote. Paragraph 24 - in the wording of the order of the acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 13.05.2022 No. 268 (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).25. Excluded by the order of the acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 13.05.2022 No. 268 (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).
26. Excluded by the order of the acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 13.05.2022 No. 268 (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).
| Appendix 1 to the Rules for licensing the export and import of products, subject to export control |
Footnote. Appendix 1 - as amended by the order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 23.06.2021 No. 321 (shall be enforced sixty calendar days after the date of its first official publication).
Public Service Standard "Issuance of a license for the export and import of products subject to export control" | ||
1 | Name of the service provider | Industrial Development Committee of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan (hereinafter - the service provider) |
2 | Ways of providing a public service | Through the "electronic government" web portal www.egov.kz . |
3 | The term of rendering a public service |
when issuing a license - no later than 30 (thirty) working days, except for the case when it is necessary to obtain confirmation of the authenticity of the end-user certificate of the importing country. In this case, the license is issued upon receipt of such confirmation; |
4 | The form of provision of a public service | electronic (fully automated) |
5 | The result of provision of a public service | A license, a reissued license for the export and import of products subject to export control, or a reasoned refusal to provide a public service. |
6 | The amount of payment charged to the applicant for the provision of a public service and the methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan |
1) when issuing a license for the export and import of products - 10 monthly calculation indices (hereinafter - MCI); |
7 | Schedule |
1) service provider - from Monday to Friday in accordance with the established work schedule from 9.00 to 18.30, with the exception of weekends and holidays according to the Labor Code of the Republic of Kazakhstan (hereinafter referred to as the Code) with a lunch break from 13.00 to 14.30; |
8 | List of documents required for provision of a public service |
1) to obtain a license: |
9 | Grounds for refusal to provide a public service established by the legislation of the Republic of Kazakhstan |
1) involvement in a type of activity is prohibited by the laws of the Republic of Kazakhstan for this category of individuals or legal entities; |
10 |
Other requirements, taking into account the specifics of the provision of a public service, including those provided in electronic form and through the State Corporation |
The service recipient has the opportunity to receive a public service in electronic form through the portal, subject to the availability of EDS. |
| Appendix 1 to the Public Service Standard “Issuance of a license for the export and import of products subject to export control” |
|
| form 1 |
Application for obtaining an export license for products subject to export control
1. Application № | |
2. Applicant (full name, address, phone number, email address, BIN/IIN) | |
3. Manufacturer (full name, country, address, phone, email address, BIN/IIN (for a resident of the Republic of Kazakhstan)) | |
4. Buyer (full name, country, address, phone, email address) | |
5. End user (full name, country, address, phone number, email address) | |
6. State Revenue Authority of the Republic of Kazakhstan | 7. License validity period |
8. The basis for requesting a license (contract, agreement or other alienation document between the participants of a foreign trade transaction) | |
9. Product name | |
10. Product code according to the CN FEA of EAEU | 11. Product code according to checklists |
12. Unit of measurement according to the CN FEA of EAEU (main or additional) | 13. Total quantity |
14. Currency of the contract | 15. Total value in the currency of the contract |
16. It is hereby confirmed that: the applicant consents to the use of information constituting a secret protected by law contained in information systems; | |
17. From the applicant: | |
18. Special license conditions | |
| form 2 |
Application for obtaining a license to import products subject to export control
1. Application № | |
2. Applicant (full name, address, phone number, email address, BIN/IIN) | |
3. End user (full name, address, phone number, email address, BIN/IIN) | |
4. Seller (full name, country, address, phone, email address) | |
5. Country of origin | |
6. State Revenue Authority of the Republic of Kazakhstan | 7. License validity period |
8. The basis for requesting a license (contract, agreement or other alienation document between the participants of a foreign trade transaction) | |
9. Product name | |
10. Product code according to the CN FEA of EAEU | 11. Product code according to checklists |
12. Unit of measurement according to the CN FEA of EAEU (main or additional) | 13. Total quantity |
14. Currency of the contract | 15. Total value in the currency of the contract |
16. It is hereby confirmed that: the applicant consents to the use of information constituting a secret protected by law contained in information systems; | |
17. From the applicant: | |
18. Special license conditions | |
| Appendix 2 to the Rules for licensing of the export and import of products, subject to export control |
|
| Form |
Footnote. Appendix 2 - as amended by the order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 23.06.2021 No. 321 (shall be enforced sixty calendar days after the date of its first official publication).
ҚазақстанРеспубликасы Индустрия жәнеинфрақұрылымдық даму министрлігініңИндустриялық даму комитеті |
| Industrial Development Committee of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan |
Нұр-Сұлтан қ. | Nur-Sultan | |
Number: [number of the document] |
Date of issue: | |
[Name of the organization, legal address, BIN/IIN] | ||
REASONED REFUSAL | ||
The Industrial Development Committee of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan, having considered your application dated [Date] No. [Incoming document number], reports the following. | ||
[Position of the signatory] | [FULL NAME (if any) of the signatory] | |
| Appendix 3 to the Rules for licensing of the export and import of products, subject to export control |
|
| Form 1 |
Export license for products subject to export control
1. Application № | |
2. Applicant (full name, address, phone number, email address, BIN/IIN) | |
3. Manufacturer (full name, country, address, phone, e-mail address, BIN/IIN (for a resident of the Republic of Kazakhstan)) | |
4. Buyer (full name, country, address, phone, email address) | |
5. End user (full name, country, address, phone number, email address) | |
6. State Revenue Authority of the Republic of Kazakhstan | 7. License validity period |
8. The basis for requesting a license (contract, agreement or other alienation document between the participants of a foreign trade transaction) | |
9. Product name | |
10. Product code according to the CN FEA of EAEU | 11. Product code according to checklists |
12. Unit of measurement according to the CN FEA of EAEU (main or additional) | 13. Total quantity |
14. Currency of the contract | 15. Total value in the currency of the contract |
16. Settlement (currency) account numbers, bank name | |
17. Agreed | |
18. From the applicant |
19. State body of the Republic of Kazakhstan – licensor _______________ |
20. Special license conditions | |
| Form 2 |
License for import of products subject to export control
1. License № | |
2. Applicant (full name, address, phone number, email address, BIN/IIN) | |
3. End user (full name, address, phone number, email address, BIN/IIN) | |
4. Seller (full name, country, address, phone, email address) | |
5. Country of origin | |
6. State Revenue Authority of the Republic of Kazakhstan | 7. License validity period |
8. The basis for requesting a license (contract, agreement or other alienation document between the participants of a foreign trade transaction) | |
9. Product name | |
10. Product code according to the CN FEA of EAEU | 11. Product code according to checklists |
12. Unit of measurement according to the CN FEA of EAEU (main or additional) | 13. Total quantity |
14. Currency of the contract | 15. Total value in the currency of the contract |
16. Settlement (currency) account numbers, bank name | |
17. Agreed | |
18. From the applicant |
19. State body of the Republic of Kazakhstan – licensor _______________ |
20. Special license conditions | |
