Unofficial translation
Footnote. Abolished by Order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan No. 242 dated April 12, 2023 (effective ten calendar days after the date of its first official publication).In accordance with paragraph 3 of Article 13 of the Law of the Republic of Kazakhstan dated July 21, 2007 “On export control”, I HEREBY ORDER:
To approve:
1) the Rules for accounting of foreign economic transactions for export control in accordance with Appendix 1 to this Order;
2) the form for accounting of foreign economic transactions for export control in accordance with Appendix 2 to this Order.
2. The Committee for industrial development and industrial safety of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan, in the manner prescribed by the legislation of the Republic of Kazakhstan, to ensure:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days from the date of the state registration of this order, its sending in the Kazakh and Russian languages to the Republican state enterprise on the basis of the right of economic management “Republican Legal Information Center” for official publication and inclusion in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan;
3) placement of this order on the Internet resource of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan.
3. The supervising vice minister of industry and infrastructure development of the Republic of Kazakhstan shall be authorized to oversee the execution of this order.
4. This order shall come into force ten calendar days after the day of its first official publication.
| Minister of Industry and | |
| Infrastructure Development | |
| of the Republic of Kazakhstan | J. Kasymbek |
| Appendix 1 to the order of the Minister of industry and infrastructure development of the Republic of Kazakhstan dated February 13, 2019 |
|
| № 76 |
Rules for accounting of foreign economic transactions for export control
Chapter 1. General provisions
1. These Rules for accounting of foreign economic transactions for export control (hereinafter - the Rules) are developed in accordance with paragraph 3 of Article 13 of the Law of the Republic of Kazakhstan dated July 21, 2007 “On export control” (hereinafter - the Law) and determine the procedure for accounting of foreign economic transactions made by Kazakhstani participants of foreign economic activity with products subject to export control.
Chapter 2. Procedure for accounting of foreign economic transactions
2. Accounting for foreign economic transactions is carried out by participants in foreign economic transactions in the form of accounting of foreign economic transactions for export control (hereinafter referred to as the “Form”), in accordance with Appendix 2 to this Order in the state and Russian languages.
3. The form is kept on paper.
The form must be laced up and the sheets contained in it numbered. The start date of the Form, the number of sheets in the Form is put on the back of the last sheet of the Form, and at the end of the Form - the serial number of the last record in the Form and its closing date. These records are confirmed by the signature of the individual or head of the legal entity, which is a Kazakhstani participant in foreign economic activity.
Maintenance of the Form is allowed in electronic form, provided that all the accounts contained in it are duplicated on electronic media to ensure their safety and it is possible to print these records in paper. Moreover, the entries contained in the Form are printed in paper no later than 1 month after the end of the calendar year in compliance with the specified requirements for the design of the Form.
4. Entries in the Form are formed on the basis of information about a foreign economic transaction contained in the documents on the basis of which foreign economic transactions are made (hereinafter referred to as accounting documents). Accounting documents drawn up in a foreign language must be translated line by line into the state or Russian languages.
5. Entries are made to the Form upon the conclusion of a foreign economic transaction (immediately after reflection in the accounting documents of foreign economic transactions carried out as part of such a transaction), regardless of the timing of payment for goods, information, work, services or results of intellectual creative activity that are the subject of this transaction.
6. Correction of errors in the Form, both in the case of its maintenance on paper and in the case of electronic maintenance with the printing of records in paper in accordance with paragraph 2 of these Rules, is confirmed by the signature of the individual or head of the legal entity that is a Kazakhstani participant of foreign economic activity.
7. Kazakhstani participants in foreign economic activity shall ensure the completeness and reliability of accounting of their foreign economic transactions.
8. Forms on paper after they are closed, as well as paper records of the accounts contained in the Forms in electronic form, and accounting documents shall be stored by Kazakhstani participants of foreign economic activity for 5 years, unless a longer storage period is established by the legislation of the Republic of Kazakhstan.
9. The list of types (groups) of goods, works, services, results of intellectual activity, the foreign economic transactions with which are subject to accounting for export control, 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."
| Appendix 2 to the order of the Minister of industry of infrastructure development of the Republic of Kazakhstan dated February 13, 2019 № 76 |
The form of accounting of foreign economic transactions for export control
№ | Date | Document on the basis of which a foreign economic transaction is concluded | Information about a foreign person participating in a foreign economic transaction | Information on the subject of a foreign economic transaction |
1 | 2 | 3 | 4 | 5 |
Notes:
1. Column 1 shall indicate the serial number of the foreign economic transaction.
2. Column 2 shall indicate the date the account was entered.
3. Column 3 shall indicate the number (if any) and the date of the foreign economic agreement (contract), additional agreement to it or another document on the basis of which the foreign economic transaction is concluded.
4. Column 4 shall indicate information on a foreign person participating in a foreign economic transaction (foreign person, international organization or its representative) who is the recipient of goods, information, services, results of intellectual activity or the customer of the work (surname, initials and place of residence - for individuals, name and location (address) - for a legal entity).
5. Column 5 shall indicate the name of the subject of the foreign economic transaction, brief information about it and its functional purpose.