< Назад к документу

On approval of the Rules for licensing of export and import of products

Order of the Minister for Investment and Development of the Republic of Kazakhstan dated October 13, 2016 No. 719. Registered with the Ministry of Justice of the Republic of Kazakhstan on January 19, 2017 No. 14697

      Unofficial translation

      In accordance with subparagraph 14), of article 6 of the Law of the Republic of Kazakhstan On Export Control dated July 21, 2007, I hereby ORDER:

      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

Rules
for licensing of export and import of products
Chapter 1. General Provisions

      1. These Rules for licensing of export and import of products (hereinafter - the Rules) are developed in accordance with subparagraph 14), Article 6 of the Law of the Republic of Kazakhstan On Export Control dated July 21, 2007 (hereinafter -the Law) and establish the procedure for licensing of export and import of products.

      2. In these Rules, an applicant means an individual or legal entity exporting and importing products (hereinafter - the applicant).

      3. The license and (or) appendix to the license in the field of export and import of products subject to export control (hereinafter - the license) is inalienable and shall not be transferred by the licensee to another natural or legal person.

      4. The license is an official document authorizing the applicant to export or import products subject to export control, under the terms of the license for the period specified in paragraph 10 of these Rules.

      5. The list of products subject to export control, the export or import of which is licensable, is approved by Resolution No. 104 of the Government of the Republic of Kazakhstan “On approval of the nomenclature (list) of products subject to export control” dated February 5, 2008 in accordance with international export control regimes and to ensure national security.

Chapter 2. The procedure for license issue

      6. To obtain a license, the applicant or his authorized person having a written confirmation of the relevant authority shall provide the following documents:

      1) application in the form approved by order No. 3 of the Minister of National Economy of the Republic of Kazakhstan “On approval of application forms for obtaining and renewing a license and (or) supplement to a license, forms of licenses and (or) supplements to licenses” dated January 6, 2015 (registered in the Register of State Registration of Regulatory Legal Acts under No. 10195);

      2) certificate of state registration (re-registration) of the applicant's legal entity - for the legal entity;

      3) a copy of an identity document - for an individual;

      4) a copy of the document confirming the payment of the license fee for the right to engage in certain types of activities in accordance with Article 471 of the Code of the Republic of Kazakhstan “On taxes and other obligatory payments into the budget (Tax Code)” dated December 10, 2008, except for cases of payment through a payment gateway of the "Electronic government";

      5) documents certifying the applicant’s compliance with qualification requirements in accordance with order No. 949 of the acting Minister of Investment and Development of the Republic of Kazakhstan “On approval of the qualification requirements for licensing of export and import of products and the list of documents confirming compliance with them” dated September 29, 2015 (registered in the Register of State Registration of Regulatory Legal Acts under No. 13512).

      In the event of filing an application in electronic form through the state information system of permits and notifications, documents shall be submitted in the form of electronic copies of documents certified by the electronic digital signature of the applicant.

      7. The licensor shall request and receive from state bodies of the Republic of Kazakhstan of the system of export control and bodies of foreign states, applicants, the necessary documents and information related to export control in accordance with Article 16 of the Law.

      8. The submission of the documents provided for in subparagraphs 2), 3) of paragraph 6 of these Rules shall not be required if the licensor has the opportunity to obtain the information contained in these documents from the relevant state information systems.

      Application for a license shall be signed by the applicant (for a legal entity - by the head of the organization or his authorized person with provision of a written document confirming the relevant authority).

      All the documents submitted to the licensor for issuing the license shall be accepted according to the inventory, a copy of which shall be sent (handed) to the applicant with a note on the date of receipt of the documents by the specified authority. In this case, the inventory shall be compiled by the applicant.

      Documents (copies of the documents) in foreign languages shall be provided with translation into the state or Russian languages.

      Footnote. Paragraph 8 is in the wording of order No. 964 of the Minister of Investment and Development of the Republic of Kazakhstan dated December 29, 2018 (shall be enforced upon expiry of twenty-one calendar days after the date of its first official publication).

      9. Within two working days from the receipt of the applicant's documents for the issue of a license, the licensor shall check the completeness of the submitted documents.

      If the applicant submits an incomplete package of documents, the licensor, within two working days from the receipt of the applicant's documents for the license issue, shall give a reasoned denial of further application examination.

      To obtain approvals from state authorities regarding the applicant’s qualification requirements, the licensor shall direct the request to the relevant state bodies during two business days from the date of registration of the applicant's documents.

      Upon the request from the licensor, the state bodies shall send a response to the licensor within ten working days on the applicant’s compliance or non-compliance with the requirements.

      10. The license shall be issued by the licensor no later than thirty business days from the date of accepting the application and documents indicated in paragraph 6 of these Rules, unless it is required to obtain verification of the authenticity of the certificate of the end user of the importing country, where the license is issued upon receipt of such confirmation.

      The authentication of the end-user certificate of the importing country shall be carried out by the Ministry of Foreign Affairs of the Republic of Kazakhstan.

      The license shall be issued to the applicant for a term of not more than one year. The license shall be valid until the expiry term of the documents referred to in paragraph 6 of these Rules.

      The license shall be issued for each type of product 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 resolution No. 54 of the Council of the Eurasian Economic Commission of July 16, 2012 (hereinafter - FEACN), indicating 10-digit code, regardless of the number of commodity items included in the agreement (contract). Changes and additions to the issued licenses shall not be allowed.

      It shall be allowed to use FEACN codes that are not in the nomenclature (list) of products subject to export control, since the final decision on the identification and assignment of a product to dual or military use is determined by the technical parameters of the controlled products of this list that correspond to a specific code on the control lists.

      The license shall be issued for the movement of products both within the Eurasian Economic Union and to third countries and from third countries.

      11. License issue shall be denied on the grounds provided for in Article 32 of the Law of the Republic of Kazakhstan On Permissions and Notifications dated May 16, 2014 (hereinafter - the Law on Permissions and Notifications).

      Additional grounds for license issue denial are established in accordance with Articles 15, 16 of the Law.

      12. The decision, action (inaction) of the licensor and (or) its officials regarding licensing shall be subject to appeal by the applicant in the manner prescribed by the Law on Permissions and Notifications.

      13. The implementation of permissive control, suspension, renewal, and termination of a license shall be carried out in the manner and on the grounds provided for by the Law on Permissions and Notifications.

Назад к документу

On approval of the Rules for licensing of export and import of products (changes for 13 октября 2016) V1600014697

Order of the Minister for Investment and Development of the Republic of Kazakhstan dated October 13, 2016 No. 719. Registered with the Ministry of Justice of the Republic of Kazakhstan on January 19, 2017 No. 14697

      Unofficial translation

      In accordance with subparagraph 14), of article 6 of the Law of the Republic of Kazakhstan On Export Control dated July 21, 2007, I hereby ORDER:

      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

Rules
for licensing of export and import of products
Chapter 1. General Provisions

      1. These Rules for licensing of export and import of products (hereinafter - the Rules) are developed in accordance with subparagraph 14), Article 6 of the Law of the Republic of Kazakhstan On Export Control dated July 21, 2007 (hereinafter -the Law) and establish the procedure for licensing of export and import of products.

      2. In these Rules, an applicant means an individual or legal entity exporting and importing products (hereinafter - the applicant).

      3. The license and (or) appendix to the license in the field of export and import of products subject to export control (hereinafter - the license) is inalienable and shall not be transferred by the licensee to another natural or legal person.

      4. The license is an official document authorizing the applicant to export or import products subject to export control, under the terms of the license for the period specified in paragraph 10 of these Rules.

      5. The list of products subject to export control, the export or import of which is licensable, is approved by Resolution No. 104 of the Government of the Republic of Kazakhstan “On approval of the nomenclature (list) of products subject to export control” dated February 5, 2008 in accordance with international export control regimes and to ensure national security.

Chapter 2. The procedure for license issue

      6. To obtain a license, the applicant or his authorized person having a written confirmation of the relevant authority shall provide the following documents:

      1) application in the form approved by order No. 3 of the Minister of National Economy of the Republic of Kazakhstan “On approval of application forms for obtaining and renewing a license and (or) supplement to a license, forms of licenses and (or) supplements to licenses” dated January 6, 2015 (registered in the Register of State Registration of Regulatory Legal Acts under No. 10195);

      2) certificate of state registration (re-registration) of the applicant's legal entity - for the legal entity;

      3) a copy of an identity document - for an individual;

      4) a copy of the document confirming the payment of the license fee for the right to engage in certain types of activities in accordance with Article 471 of the Code of the Republic of Kazakhstan “On taxes and other obligatory payments into the budget (Tax Code)” dated December 10, 2008, except for cases of payment through a payment gateway of the "Electronic government";

      5) documents certifying the applicant’s compliance with qualification requirements in accordance with order No. 949 of the acting Minister of Investment and Development of the Republic of Kazakhstan “On approval of the qualification requirements for licensing of export and import of products and the list of documents confirming compliance with them” dated September 29, 2015 (registered in the Register of State Registration of Regulatory Legal Acts under No. 13512).

      In the event of filing an application in electronic form through the state information system of permits and notifications, documents shall be submitted in the form of electronic copies of documents certified by the electronic digital signature of the applicant.

      7. The licensor shall request and receive from state bodies of the Republic of Kazakhstan of the system of export control and bodies of foreign states, applicants, the necessary documents and information related to export control in accordance with Article 16 of the Law.

      8. The submission of the documents provided for in subparagraphs 2), 3) of paragraph 6 of these Rules shall not be required if the licensor has the opportunity to obtain the information contained in these documents from the relevant state information systems.

      Application for a license shall be signed by the applicant (for a legal entity - by the head of the organization or his authorized person with provision of a written document confirming the relevant authority).

      All the documents submitted to the licensor for issuing the license shall be accepted according to the inventory, a copy of which shall be sent (handed) to the applicant with a note on the date of receipt of the documents by the specified authority. In this case, the inventory shall be compiled by the applicant.

      Documents (copies of the documents) in foreign languages shall be provided with translation into the state or Russian languages.

      Footnote. Paragraph 8 is in the wording of order No. 964 of the Minister of Investment and Development of the Republic of Kazakhstan dated December 29, 2018 (shall be enforced upon expiry of twenty-one calendar days after the date of its first official publication).

      9. Within two working days from the receipt of the applicant's documents for the issue of a license, the licensor shall check the completeness of the submitted documents.

      If the applicant submits an incomplete package of documents, the licensor, within two working days from the receipt of the applicant's documents for the license issue, shall give a reasoned denial of further application examination.

      To obtain approvals from state authorities regarding the applicant’s qualification requirements, the licensor shall direct the request to the relevant state bodies during two business days from the date of registration of the applicant's documents.

      Upon the request from the licensor, the state bodies shall send a response to the licensor within ten working days on the applicant’s compliance or non-compliance with the requirements.

      10. The license shall be issued by the licensor no later than thirty business days from the date of accepting the application and documents indicated in paragraph 6 of these Rules, unless it is required to obtain verification of the authenticity of the certificate of the end user of the importing country, where the license is issued upon receipt of such confirmation.

      The authentication of the end-user certificate of the importing country shall be carried out by the Ministry of Foreign Affairs of the Republic of Kazakhstan.

      The license shall be issued to the applicant for a term of not more than one year. The license shall be valid until the expiry term of the documents referred to in paragraph 6 of these Rules.

      The license shall be issued for each type of product 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 resolution No. 54 of the Council of the Eurasian Economic Commission of July 16, 2012 (hereinafter - FEACN), indicating 10-digit code, regardless of the number of commodity items included in the agreement (contract). Changes and additions to the issued licenses shall not be allowed.

      It shall be allowed to use FEACN codes that are not in the nomenclature (list) of products subject to export control, since the final decision on the identification and assignment of a product to dual or military use is determined by the technical parameters of the controlled products of this list that correspond to a specific code on the control lists.

      The license shall be issued for the movement of products both within the Eurasian Economic Union and to third countries and from third countries.

      11. License issue shall be denied on the grounds provided for in Article 32 of the Law of the Republic of Kazakhstan On Permissions and Notifications dated May 16, 2014 (hereinafter - the Law on Permissions and Notifications).

      Additional grounds for license issue denial are established in accordance with Articles 15, 16 of the Law.

      12. The decision, action (inaction) of the licensor and (or) its officials regarding licensing shall be subject to appeal by the applicant in the manner prescribed by the Law on Permissions and Notifications.

      13. The implementation of permissive control, suspension, renewal, and termination of a license shall be carried out in the manner and on the grounds provided for by the Law on Permissions and Notifications.