On approval of the Rules for the registration of exporters in the information systems of countries of goods importation in order to confirm the country of goods origin

Order of the Minister of Trade and Integration of the Republic of Kazakhstan dated March 31, 2021 No. 244-RL. Registered with the Ministry of Justice of the Republic of Kazakhstan on March 31, 2021 No. 22437

Unofficial translation

In accordance with subparagraph 7-1) of Article 14 of the Law of the Republic of Kazakhstan dated July 4, 2013 "On the National Chamber of Entrepreneurs of the Republic of Kazakhstan", I HEREBY ORDER:

1. To approve the attached Rules for the registration of exporters in the information systems of countries of goods importation in order to confirm the country of goods origin.

2. To ensure the Department of Foreign Trade Activities of the Ministry of Trade and Integration of the Republic of Kazakhstan prescribed by law:

2. The Department of foreign trade activities of the Ministry of Trade and Integration of the Republic of Kazakhstan in the manner established by the legislation shall ensure:

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

2) placement of this order on the Internet resource of the Ministry of Trade and Integration of the Republic of Kazakhstan.

3. Control over the execution of this order shall be entrusted to the supervising Vice-Minister of Trade and Integration of the Republic of Kazakhstan.

4. This order shall enter into force upon expiry of ten calendar days after the date of its first official publication.

Minister of Trade and Integration of the Republic of Kazakhstan

B. Sultanov

"AGREED"
Ministry of Finance
of the Republic of Kazakhstan

"AGREED"
Ministry of National Economy
of the Republic of Kazakhstan

Approved by the order of Minister of Trade and Integration of the Republic of Kazakhstan March 31, 2021 No. 244-RL

Rules for the registration of exporters in the information systems of countries of goods importation in order to confirm the country of goods origin

Chapter 1. Generalized provisions

1. These Rules for the registration of exporters in the information systems of countries of goods importation in order to confirm the country of goods origin (hereinafter-the Rules) have been developed in accordance with subparagraph 7-1) of Article 14 of the Law of the Republic of Kazakhstan dated July 4, 2013 "On the National Chamber of Entrepreneurs of the Republic of Kazakhstan" and shall establish the procedure for registering exporters in the information systems of countries of goods importation in order to confirm the country of goods origin to receive tariff preferences when importing goods into the territory of the Kingdom of Norway and/or the Swiss Confederation.

2. For the purposes of these Rules, the following basic concepts are used:

1) a commercial document - a document used in the implementation of foreign trade and other activities, as well as to confirm transactions related to the movement of goods across the customs border of the Eurasian Economic Union (invoices (invoices), specifications, shipping (packing) sheets and other documents);

2) an authorized organization - the National Chamber of Entrepreneurs of the Republic of Kazakhstan "Atameken";

3) an authorized person - an employee who is on the staff of an authorized organization and who carries out registration of exporters in the information systems of countries of goods importation in order to confirm the country of goods origin.

Chapter 2. The procedure for the registration of exporters in the information systems of countries of goods importation

3. To obtain tariff preferences when importing goods into the territory of the Kingdom of Norway and/or the Swiss Confederation within the framework of the generalized system of preferences granted by the Kingdom of Norway, the Swiss Confederation in respect of goods originating from developing and least developed countries (hereinafter-the Norwegian and Swiss GSP), an exporter shall be registered in the information systems of countries of goods importation (hereinafter-the REX system).

4. To register in the REX system, the exporter shall submit to the authorized organization an application for obtaining a registration number (hereinafter - application No. 1) in the form according to Appendix 1 to these Rules in paper (by mail or personal delivery) or electronically through the information system of the authorized organization.

Application No. 1 shall be accompanied by documents in accordance with the List of documents confirming the origin of goods, approved by order of the Deputy Prime Minister of the Republic of Kazakhstan - Minister of Industry and New Technologies of the Republic of Kazakhstan dated July 8, 2014 No. 257 (registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan No. 9665) (hereinafter-the Order).

In the case of submitting application No. 1 through an authorized representative of the exporter, a power of attorney shall be attached to represent the interests of an exporter.

Application No. 1 shall be filled in Kazakh or Russian and in English.

If the exporter agrees to publish the information provided in the application No. 1, this information shall be published on the website of the European Commission with the following information: the registration number of the exporter, name, address and contact details of the exporter, main activity of the exporter, description of the goods indicating the codes of the harmonized system, the date of registration of application No. 1 (date from which the registration is valid), the date of assignment of the registration number, the date of revocation of registration. In case of disagreement of the exporter, only the registration number of the exporter, the date of registration of application No. 1 (the date from which the registration is valid), the date of assignment of the registration number, the date of revocation of registration shall be published.

5. Registration of exporters in the REX system shall be carried out by an authorized person on the website of the European Commission no later than 5 (five) working days from the date of registration of application No. 1, by assigning a registration number to the exporter.

Registration shall be valid on the date when the authorized organization received application No. 1 submitted in accordance with paragraph 4 of these Rules.

Access to the website of the European Commission shall be carried out through the personal login and password of the authorized person.

6. The registration number of the exporter has the following structure:

KZREXKKKDDMMMYYYYNNNN,

where KZ - the letter code of the Republic of Kazakhstan in accordance with ISO (2 letters);

REX - abbreviation of the REX system (3 letters);

KKK - digital code of the regional subdivision of the authorized organization (3 digits);

DD - day of registration in the REX system (2 digits);

MM – month of registration in the REX system (2 digits);

YYYY - year of registration in the REX system (4 digits);

NNNN - the serial number of registration in the REX system, which has continuous numbering, starting from the number 0001.

7. Within 2 (two) working days after registration in the REX system, the authorized organization shall send a notification of its registration in the REX system indicating the registration number, the date of registration of application No. 1 (date, from which the registration is valid) and the date of assigning of the registration number to the exporter in paper or electronic form through the information system of the authorized organization.

The authorized person shall also enter the registration number, the date of registration of application No. 1 (the date from which the registration is valid) and the date of assignment of the registration number in paragraph 7 of the application No. 1 of the exporter.

8. The authorized organization, within 3 (three) working days from the date of registration of application No. 1 shall notify the exporter of the refusal to register in the REX system, indicating the reasons for the refusal in the event of:

1) provision of incomplete and (or) inaccurate information, or non-compliance with paragraph 4 of these Rules;

2) submission of an incomplete package of documents in accordance with the Order;

3) non-compliance of goods with the rules for determining the country of goods origin originating from developing and least developed countries, applied by the Kingdom of Norway and the Swiss Confederation for the purpose of granting tariff preferences.

9. Registration of exporters in the REX system shall be carried out once, except for the case provided for in paragraph 19 of these Rules.

10. The validity period of registration in the REX system (registration number) is not limited, except for the cases of revocation of registration by an authorized organization.

11. When importing goods into the territory of the Kingdom of Norway and/or the Swiss Confederation, in order to obtain tariff preferences under the GSP of Norway and Switzerland, the exporter independently shall draw up an application on the origin of goods in the form according to Appendix 2 to these Rules (hereinafter- Application No. 2).

Application No. 2 shall be drawn up on commercial documents indicating the name and full address of the exporter, the country of the goods origin, the country of the goods importation, descriptions of the product/ goods and the date of issue, the criterion for sufficient processing of the goods, code of the harmonized system, in English.

If the value of the goods consignment is below the threshold value of 10,300 (ten thousand three hundred) Swiss francs or 60,000 (sixty thousand) Norwegian krones, application No. 2 shall be drawn up by the exporter without registration in the REX system.

If the value of the goods consignment exceeds the threshold value of 10,300 (ten thousand three hundred) Swiss francs or 60,000 (sixty thousand) Norwegian krones, the registration number of the exporter shall be indicated in application No. 2.

Application No. 2 shall be drawn up by the exporter for each consignment of goods by applying the text to the commercial document.

The transport document shall not be considered as a commercial document.

If a commercial document consists of several pages, each page shall be numbered consecutively.

12. The authorized body in the field of regulation of trade activity (hereinafter - the authorized body) shall send information about authorized persons, their contact details, as well as about the change of authorized persons and (or) change of their contact details, on the basis of information provided by the authorized organization to the customs authorities of the Kingdom of Norway and the Swiss Confederation.

Chapter 3. Procedure for changing the registration data of an exporter in the REX system

13. In case of changes in the registration data, the exporter, within 3 (three) working days shall report about the changes and their reasons to the authorized organization, attaching supporting documents and indicating such changes:

1) changes in the organizational and legal form, name or place of its location;

2) changes in activities;

3) change of commodity positions or codes of the harmonized system.

14. The authorized organization, within 10 (ten) calendar days from the date of receipt of information in accordance with paragraph 13 of these Rules, shall make appropriate changes to the REX system or refuse to change the registration data and send a notification in paper or electronic form via the information system of the authorized organization to the exporter about change of registration data or reasons for refusal to change registration data.

15. The authorized organization refuses to change the registration data in the REX system to the exporter in the event that they provide false and (or) incomplete information, or non-compliance with paragraph 13 of these Rules.

Chapter 4. Procedure for revoking the registration of an exporter in the REX system

16. Revocation of the exporter registration in the REX system shall be carried out by an authorized organization in the following cases:

1) upon application (in any form) of the exporter to revoke registration in the REX system in connection with termination (change) of activities and/or activities for the export of goods within the Norwegian and Swiss GSP;

2) at the request of the authorized body, if, as a result of verification (inspection), it is revealed that the exporter does not comply with the conditions of the Norwegian and Swiss GSP;

3) at the request of the authorized body, if, as a result of verification (inspection), it is revealed that the exporter has not complied with the obligations assumed during registration in the REX system, or that the exporter has terminated its activities;

4) at the request of the authorized body, if the provision of tariff preferences within the GSP of Norway and Switzerland for the Republic of Kazakhstan was cancelled by the Kingdom of Norway and/or the Swiss Confederation.

17. The authorized organization shall send a notification to the exporter about the revocation of registration in the REX system, indicating the date of revocation and the reason no later than 3 (three) working days from the date of revocation of registration.

18. The withdrawn registration number of the exporter is not used by the authorized organization for the registration of other exporters.

18. The revoked registration number of the exporter shall not be used by the authorized organization for registration of other exporters.

19. An exporter whose registration has been revoked shall resubmit Application No. 1 for a new registration number in accordance with Chapter 2 of these Rules.

20. If the exporter disagrees with the decision of the authorized organization to revoke the registration, the exporter shall have the right to appeal against the decision of the authorized organization in court. The registration number can only be reused if the revocation is cancelled by a court decision.

Chapter 5. Final provisions

21. The documents specified in paragraphs 4, 13 and 16 of these Rules shall be stored in an authorized organization for 5 (five) years.

22. Copies of notifications sent by the authorized organization to the exporters shall be stored in the authorized organization for at least 3 (three) years.

	Appendix 1 to the Rules for the registration of exporters in the information systems of countries of goods importation in order to confirm the country of goods origin
	Form

Application for a registration number

1	Name of the exporter, full address (location) and country, identification number of the exporter/trader (TIN)1 ________________________________________________________ __________________________________________________________
2	Contact information, including telephone and fax number (if any), e-mail address _______________________________________________________________ ___________________________________________________________
3	Main activity of the exporter: production and/or trade Production Trade
4	Description of goods subject to preferential treatment under the Generalized System of Preferences of the Kingdom of Norway, the Swiss Confederation, indicating the codes of the harmonized system headings (or chapters if the goods fall under more than twenty headings of the harmonized system). _____________________________________________________________ _____________________________________________________________ _____________________________________________________________
5	The undersigned hereby: 1) declares that the above information is correct; 2) certifies that the previous registration has not been revoked; if revoked, certifies that the situation which led to any such revocation has been corrected; 3) draws up declarations of origin of goods only for goods that are subject to preferential treatment and comply with the rules for determining the country of goods origin, originating from developing and least developed countries, applied by the Kingdom of Norway and the Swiss Confederation for the purpose of granting tariff preferences determined for these goods by the generalized system of preferences of the Kingdom of Norway, the Swiss Confederation; 4) maintains proper commercial accounting for the production/supply of goods subject to the preferential treatment of the generalized system of preferences of the Kingdom of Norway, the Swiss Confederation, and to keep the relevant documents for at least 3 (three) years from the end of the calendar year in which the declaration of the goods origin was drawn up; 5) notifies the authorized organization within 3 (three) working days of changes as they occur in its registration data from the date of receipt of the exporter's registration number; 6) interacts with the authorized organization; 7) accepts verifications of the accuracy of his/her declarations of origin, including verification of accounting records and visits to the customs authorities of the Kingdom of Norway, the Swiss Confederation; 8) requires removal from the information system of the countries of goods import if it no longer meets the conditions for the export of goods under the generalized system of preferences of the Kingdom of Norway, the Swiss Confederation; 9) requires removal from the information system of the countries of goods import if it does not intend to export goods under the generalized system of preferences of the Kingdom of Norway, the Swiss Confederation. _________________________________________________________ FULL NAME. (if any) of the exporter, position, date, signature
6	Exporter's consent to the publication of his/her data on the website of the European Commission If the exporter agrees to publish the information provided in this application, this information shall be published on the website of the European Commission (ec.europa.eu/taxation_customs/dds2/eos/rex_home.jsp?Lang=en). The undersigned agrees to the publication of this information on the website of the European Commission. In case of disagreement with the publication on the website of the European Commission of the information provided in this application, he(she) sends a request to the authorized organization _________________________________________________________ FULL NAME. (if any) of the exporter, position, date, signature
7	Fill-in field by an authorized organization The applicant is registered under the following number: Registration number: _______________________________ __________________________________ Date of registration _____________________________________ Date from which registration is valid __________________________________________________________ FULL NAME. (if any) of an authorized person of an authorized organization, signature ________________________________________________

______________________

1 TIN or identification number of an exporter/trader - has the following structure: two-letters ISO code of Kazakhstan, i.e. KZ, then BIN (Business Identification Number) for legal entities; KZ, then IIN (individual identification number) for individuals who are individual entrepreneurs

Appendix 2 to the Rules for the registration of exporters in the information systems of countries of goods importation in order to confirm the country of goods origin

Statement on the goods origin

The exporter (name, address, registration number of the exporter) of the goods covered by this document declares that, unless otherwise clearly indicated, these goods are of Kazakhstan preferential origin according to the rules of origin of the Generalized System of Preferences (Kingdom of Norway/Swiss Confederation) and the criterion origin of which corresponds to (P/W, harmonized system code).