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ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of January 26, 2018 No. 73

About approval of Rules of making of customs clearance of goods by officials of bodies of state revenues

(as amended on 08-11-2021)

According to Item 1 of Article 144, Item 3 of Article 148, Item 7 of Article 180, Item 9 of Article 182, Item 5 of Article 185, Item 11 of Article 187, items 4 and the 9th Articles 190, item 4 of Article 192, Item 10 of Article 194, the subitem 5) of Item 3 of article 536 of the Code of the Republic of Kazakhstan "About customs regulation in the Republic of Kazakhstan" and the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" I ORDER:

1. Approve the enclosed Rules of making of customs clearance of goods as officials of bodies of state revenues (further - Rules).

2. Recognize invalid some orders of the Minister of Finance of the Republic of Kazakhstan according to appendix to this order.

3. To committee of state revenues of the Ministry of Finance of the Republic of Kazakhstan (Tengebayev A. M.) in the procedure established by the legislation to provide:

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 state registration of this order the direction it the copy in paper and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" of the Ministry of Justice of the Republic of Kazakhstan for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry of Finance of the Republic of Kazakhstan;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of Finance of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

4. This order becomes effective after ten calendar days after day of its first official publication.

Minister of Finance of the Republic of Kazakhstan

B. Sultanov

Approved by the Order of the Minister of Finance of the Republic of Kazakhstan of January 26, 2018 No. 73

Rules of making of customs clearance of goods by officials of bodies of state revenues

Chapter 1. General provisions

1. These rules also the 9th articles 190, item 4 of Article 192, Item 10 of Article 194, the subitem 5) of Item 3 of article 536 of the Code of the Republic of Kazakhstan "About customs regulation in the Republic of Kazakhstan" (further – the Code), the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" are drafted according to Item 1 of Article 144, Item 3 of Article 148, Item 7 of Article 180, Item 9 of Article 182, Item 5 of Article 185, Item 11 of Article 187, items 4 (further – the Law) and determine the sequence of actions of officials of Committee of state revenues of the Ministry of Finance of the Republic of Kazakhstan and territorial authorities by areas, Nour-Sultan's cities, Almaty and Shymkent when rendering the state service of customs clearance of goods.

2. The state service "Customs Clearance of Goods" appears Committee of state revenues of the Ministry of Finance of the Republic of Kazakhstan and its territorial authorities on areas, Nour-Sultan's cities, Almaty and Shymkent (further – the service provider) by means of "The automated system of customs and tax administration ASTANA-1 (further – IS).

3. Customs clearance of goods is performed by officials of the service provider, representatives to make such customs transactions according to job (functional) responsibilities (further – the authorized officer), and begins with the giving moment to the service provider of the customs declaration in the form of the declaration on goods and comes to the end with release of goods.

4. Customs declaring is electronically performed according to Chapter 2 of these rules with use of the declaration on goods in the form of the electronic document (further – EDT).

5. Customs declaring is in writing performed according to Chapter 3 of these rules with use of the declaration on goods in document type on paper (further – DT) in territorial authority of Committee of state revenues of the Ministry of Finance of the Republic of Kazakhstan on areas, Nour-Sultan's cities, Almaty and Shymkent.

6. According to Item 5 of article 393 of the Code carrying out customs control in case of customs declaration of goods is performed only based on automated control system for risks which determines the forms of customs control and (or) measure providing carrying out customs control.

7. In case of customs clearance of goods the declaration on goods, regardless of its form, moves the customs applicant or the customs representative (further – uslugopoluchatel) to the service provider, in activities zone which there are goods under customs control, except as specified, stipulated in Item 2 articles 180 of the Code, or goods are not in the cases determined by the Commission according to Item 3 of article 180 of the Code in the territory of the Republic of Kazakhstan.

8. EDT after its filling, and also documents, the confirmatory data declared in it provided in electronic form are certified of the cases determined by these rules by the digital signature (further – the EDS) uslugopoluchatel according to the Law of the Republic of Kazakhstan of January 7, 2003 "About the electronic document and the digital signature".

9. The actions of the service provider connected with the notification of uslugopoluchatel on the statuses of EDT (it is given, accepted, registered, refused registration, release is resolved, release is suspended, it is withdrawn, conditional release), are performed by means of IS in real time, except for the actions provided by part two of this Item.

The service provider by means of IS electronic documents according to appendices 1, 2 and 3 to these rules are created and go to uslugopoluchatel when making the customs transactions connected with:

release of goods without participation of the official (further – automatic release);

refusal in release of goods;

cancellation of release of goods.

10. According to the address of uslugopoluchatel the service provider no later than 30 (thirty) minutes from the moment of receipt of the address, unpacks paper copy of the declaration on goods from its electronic type.

At the same time the authorized officer which performed release of goods puts down in such declaration on goods of mark on release of goods and assures personal number seal, except for automatic release of goods.

In case of automatic release of goods the mark about release of goods is put down by the service provider in whom release of goods is performed.

11. Uslugopoluchatel for receipt of the state service provides to the service provider or through the web portal of "the electronic government" www.egov.kz (further – the portal) the declaration on goods.

The list of the main requirements to rendering the state service including characteristics of process, form, content and result of rendering and also other data taking into account features of provision of the state service is provided in the standard of the state service "Customs Clearance of Goods" according to appendix 4 to these rules.

Confirmation of acceptance from uslugopoluchatel of the documents filed to the service provider in writing is the mark in the copy of the application containing date, time, the signature, surname and initials of person which accepted document package.

In case of the address through the portal to uslugopoluchatel the status about acceptance of request for rendering the state service goes.

Reclamation from uslugopoluchatel of documents and data which can be received from IS is not allowed.

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