On approval of the public service standard “Issue of a license for the export of collectable materials on mineralogy, paleontology, bones of fossil animals”

Invalidated Unofficial translation

Order No. 8of the Minister of Education and Science of the Republic of Kazakhstan as of January 8, 2019. Registered with the Ministry of Justice of the Republic of Kazakhstan on January 10, 2019, No. 18166

      Unofficial translation

      Footnote. Abolished by order of the Minister of Education and Science of the Republic of Kazakhstan dated August 24, 2020 No. 363 (shall be enforced upon expiry of twenty one calendar days after the day of its first official publication).

      In accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan “On State Services” as of April 15, 2013, I hereby ORDER:

      1. To approve the appended public service standard “Issue of a license for the export of collectable materials on mineralogy, paleontology, bones of fossil animals”

      2. In accordance with the procedure established by the legislation of the Republic of Kazakhstan, the Science Committee of the Ministry of Education and Science of the Republic of Kazakhstan (Sadykov Y.T) shall:

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

      2) within ten calendar days of the state registration of this order, send this order’s electronic copy in Kazakh and Russian to the Republican State Enterprise with the Right of Economic Management “Republican Center of Legal Information” of the Ministry of Justice of the Republic of Kazakhstan for its official publication and inclusion into the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan;

      3) within ten working days of the state registration of this order send its copy to print periodicals for official publication;

      4) place this order on the website of the Ministry of Education and Science of the Republic of Kazakhstan;

      3. The control over the execution of this order shall be assigned to the vice-minister of education and science of the Republic of Kazakhstan, Aimagambetova A.K.

      4. This order shall take effect twenty-one calendar days after its first official publication.

      Minister of Education and Science of
      the Republic of Kazakhstan Y. Sagadiyev

  Approved by
Order № 8 as of January 8, 2019 of the Minister of Education and Science of the Republic of Kazakhstan

The public service standard “Issue of a license for the export of collectable materials on
mineralogy, paleontology, bones of fossil animals”
Chapter 1. General provisions

      1. The public service “Issue of a license for the export of collectable materials on mineralogy, paleontology, bones of fossil animals” (hereinafter referred to as the public service).

      2. The public service standard was developed by the Ministry of Education and Science of the Republic of Kazakhstan (hereinafter referred to as the Ministry).

      3. The public service is provided by the Science Committee of the Ministry (hereinafter referred to as the service provider).

      An application for the public service is accepted by and the result of its performance is received through the “electronic government” web-portal www.egov.kz, www.elicense.kz (hereinafter referred to as the portal).

Chapter 2. The procedure for the public service’s provision

      4. Time frames for the provision of the public service from the moment of application to the portal are as follows:

      1 (one) working day - for issuing a license;

      Within 1 (one) working day of receipt of the service recipient’s documents, the service provider shall check the completeness of the documents submitted.

      If the documents submitted are found to be incomplete, the service provider shall give a reasoned refusal to further consider the application within the specified time frame.

      5. The public service is provided in electronic form (in fully automated mode).

      6. The result of the public service’s provision is a license for the export of collectable materials on mineralogy, paleontology, bones of fossil animals, or a reasoned response to refuse to provide the public service in cases and on grounds provided for in paragraph 10 of this public service standard.

      The public service’s result is provided electronically.

      The result of the public service’s provision is sent to the service recipient’s “personal account” in the form of an electronic document certified by the electronic digital signature (hereinafter referred to as EDS) of the authorized person of the service provider.

      7. The public service is provided free of charge to individuals and legal entities.

      8. The portal’s work schedule is round-the-clock, except for service breaks in connection with repair works (if the service recipient applies after working hours, on weekends и holidays, his/her application shall be accepted and the public service’s result shall be provided on the next working day in accordance with the labor legislation of the Republic of Kazakhstan).

      9. The list of documents required for the provision of the public service, when a service recipient applies to the portal, is as follows:

      1) to obtain a license:

      an application drawn up in the form of an electronic document certified by the service recipient’s EDS as required by Appendix 1 to this public service standard;

      an electronic copy of a foreign trade agreement (contract), annex and (or) addenda thereto (for a one-use license), and in the absence of a foreign trade agreement (contract) - a copy of another document confirming the intentions of the parties;

      information on the availability of a license to carry out the licensed type of activity, if such a type of activity is connected with the turnover of goods in respect of which licensing has been introduced in the territory of the Republic of Kazakhstan;

      an electronic copy of documents on compliance with qualification requirements in accordance with Appendix 2 to this public service standard;

      The service provider receives information about the identity document, state registration (re-registration) of a legal entity, individual entrepreneur, payment through EGPG from the relevant state information systems through the “e-government” gateway.

      When the service recipient submits all the necessary documents through the portal, the status of acceptance of the request for the provision of the public service with the date of receipt of the result of the public service is displayed in the “personal account” of the service recipient;

      10. Grounds for refusing to provide the public service:

      1) the laws of the Republic of Kazakhstan for this category of individuals or legal entities prohibit to carry out this type of activity;

      2) the service recipient fails to meet the qualification requirements;

      3) the service provider received a response from the relevant coordinating state body about the service recipient’s non-compliance with the licensing requirements;

      4) in relation to the service recipient, there is a final and binding court decision (sentence) to suspend or prohibit the activity or certain types of activities subject to licensing;

      5) the court, pursuant to the recommendation of an enforcement agent, temporarily prohibits to issue a license to the indebted service recipient;

      6) information in the documents submitted by the service recipient to obtain a license is incomplete or inaccurate;

      7) non-compliance with the requirements provided for in paragraph 9 of this public service standard;

      8) the termination or suspension of one or more documents serving as the basis for issuing a license;

      9) violation of international obligations of member states, which may occur as a result of execution of an agreement (contract) for the implementation of which a license is requested;

      10) the quota, as well as the tariff quota, has run out or is not available (in case of issuing a license for goods limited by quota);

      11) other grounds provided for by the act of the Eurasian Economic Commission.

Chapter 3. The complaints procedure regarding decisions, actions (inaction) of centralstate bodies, as well as service providers and (or) their officials concerning the provision of public services

      11. An appeal against decisions, actions (inaction) of the central state body, the service provider and (or) its officials regarding the provision of public services, a complaint shall be filed with the head of the service provider at, or to the head of the Ministry at: office 951, entrance 11, Mangilik El Ave 8, Astana, 010000, phone number: 8 (7172) 74-24-62, 74-24-54.

      The service recipient’s complaint shall indicate his/her surname, name, patronymic, postal address, outgoing number and date. The complaint shall be signed by the service recipient.

      The complaint’s acceptance is confirmed by its registration (stamp, incoming number and date) in the office of the service provider or the Ministry, with the indication of the name and initials of the person who accepted the complaint, the time and place to get a response to the complaint.

      The service recipient’s complaint received by the service provider or the Ministry is subject to consideration within 5 (five) working days of its registration.

      When applying through the portal, information on the complaint procedure can be obtained by calling the Single Contact Center for public services’ provision: 1414.

      When sending a complaint through the portal, information about the application is available to the service recipient in his/her “personal account”, which is updated in the course of the application’s processing by the service provider (notes on delivery, registration, execution, response about consideration or refusal to consider).

      In case of disagreement with the results of the provided public service, the service recipient may file a complaint with the authorized body for assessing and monitoring the quality of the provision of public services.

      The service recipient’s complaint received by the authorized body for assessing and monitoring the quality of the provision of public services is subject to consideration within fifteen working days of its registration.

      In cases of disagreement with the results of the provided public service, the service recipient applies to court in the manner prescribed by law.

Chapter 4. Other requirements with account of the features of the provision of the public service, including that provided in electronic form

      12. The address of the public service’s provision is available on the service provider’s website - www.sc.edu.gov.kz, section “Public services”.

      13. The service recipient with the EDS can receive the public service in electronic form through the portal.

      14. The service recipient can obtain information on the procedure and status of the public service’s provision in the remote access mode through the “personal account” of the portal, as well as the Single Contact Center for public services’ provision.

      15. Contact telephone numbers of information services on the provision of the public service: 8 (7172) 74-24-62, 74-54-64, the Single Contact Center for public services’ provision: 1414.

  Appendix 1 to the
public service standard
“Issue of a license for the export of
collectable materials on
mineralogy, paleontology, bones
of fossil animals”

Application for a license for the export of collectable materials on mineralogy, paleontology, bones of fossil animals

1. Application №

2. Valid
from DD.MM.YYYY to DD.MM.YYYY |

3. License type| EXPORT

4. Contract № dated

5. Service recipient |

6. Buyer

7. Country of destination |

8. Country of the buyer |

9. Currency of the contract |

10. Cost

11.Statistic value

12. Country of origin |

13. Quantity

14. Unit of measurement

15. Product code according to FEA CN CU and its description |

16. Additional information

17. Grounds for issuing a license

18. Authorized person of the service recipient
Surname, name, patronymic
Position
Telephone
Signature and seal Date

  Appendix 2 to the
public service standard
“Issue of a license for the export of
collectable materials on
mineralogy, paleontology, bones
of fossil animals”

Qualification requirements for the licensing of export and import of goods and a list of
documents confirming compliance therewith

Item №

Qualification requirements

Documents confirming compliance therewith *

Note

1

2

3

4

Export of goods**

1

Confirmation of the parties’ intention to carry out the foreign trade activity

A copy of the foreign trade agreement (contract), annex and (or) addenda thereto, and in the absence of a foreign trade agreement (contract) - a copy of another document confirming the parties’ intentions


2

Presence of a document (information) on registration with a tax authority or state registration

A copy of a document (information) on registration with a tax authority or state registration


3

Permit to carry out the relevant type of activity

A copy of the license to carry out the licensed type of activity or information about the availability of a license to carry out the licensed type of activity, if such type of activity is connected with the turnover of goods in respect of which licensing has been introduced in the customs territory of the Eurasian Economic Union


4

Confirmation of legality of extraction and possession of goods

Copies of documents certifying the legality of the extraction and possession of goods


      * each sheet of submitted copies of documents shall be certified by the signature and seal of the service recipient, or copies of documents shall be sewn and their last sheets shall be certified by the signature and seal of the service recipient;

      when submitting documents through the “electronic government” web portal www.egov.kz or the “E-licensing” web portal www.elicense.kz, documents shall be submitted in the form of electronic copies of documents certified by the service recipient’s EDS;

      if the service provider can obtain information contained in the documents from the relevant state information systems, it is not required to submit documents;

      ** included in the Unified List of goods subject to bans or restrictions on the import or export by the Member States of the Customs Union within the Eurasian Economic Community in their trade with third countries;

      *** it is not required to submit a subsoil use contract if a copy of such a document has been submitted earlier, except when changes and additions have been made to such a document;

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