ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of February 23, 2018 No. 268

About approval of Rules of use water and aircrafts of bodies of state revenues for the purpose of carrying out customs control

According to Item 5 of article 428 of the Code of the Republic of Kazakhstan of December 26, 2017 "About customs regulation in the Republic of Kazakhstan" PRIKAZYVAYU:

1. Approve the enclosed Rules of use water and aircrafts of bodies of state revenues for the purpose of carrying out customs control.

2. To committee of state revenues of the Ministry of Finance of the Republic of Kazakhstan (Tengebayev A. M.) in the established legislative procedure 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.

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

Approved by the Order of the Minister of Finance of the Republic of Kazakhstan of February 23, 2018 No. 268

Rules of use water and aircrafts of bodies of state revenues for the purpose of carrying out customs control

Chapter 1. General provisions

1. These rules of use water and aircrafts of bodies of state revenues for the purpose of carrying out customs control are developed according to Item 5 of article 428 of the Code of the Republic of Kazakhstan of December 26, 2017 "About customs regulation in the Republic of Kazakhstan" and determine procedure for use water and aircrafts of bodies of state revenues for the purpose of carrying out customs control.

2. Customs control of goods and vehicles, within territorial waters (sea) and internal waters of the Republic of Kazakhstan, and also in the territory adjacent to customs border of the Eurasian Economic Union, is performed with use water and aircrafts of bodies of state revenues.

3. Water and aircrafts of bodies of state revenues of the Republic of Kazakhstan identification marks (emblem) and flag of bodies of state revenues of the Republic of Kazakhstan have.

Chapter 2. Procedure for use water and aircrafts of bodies of state revenues for the purpose of customs control

4. Water and aircrafts are used by bodies of state revenues of the Republic of Kazakhstan for:

1) implementation in the appointed region of the territory of the Republic of Kazakhstan of customs observation of transportation of the goods which are under customs control, making with them cargo and other operations;

2) participations in actions for the prevention, suppression and identification of offenses in the sphere of customs affairs, and also in fight against smuggling and other crimes;

3) vehicle stops if there are good causes to consider that on it the goods which are subject to customs control illegally move;

4) implementation of targeting of customs groups and their disembarkation from air to vehicles on which there are goods which are subject to customs control and customs declaring;

5) delivery (disembarkation) of customs groups, officials of bodies of state revenues of the Republic of Kazakhstan to places of customs declaring and customs control;

6) participations in joint actions of bodies of state revenues of the Republic of Kazakhstan, customs authorities of the State Parties of the Eurasian union and the international customs organizations for fight against illicit movement of goods through customs border of the Eurasian Economic Union;

7) accomplishment of other functions on implementation of customs control assigned to bodies of state revenues by the legislation of the Republic of Kazakhstan.

5. When using water and aircrafts of bodies of state revenues for the purpose of customs control crews water and aircrafts, consisting of number of officials of bodies of the state revenues and specialists having the corresponding qualification in this industry are created.

6. For the purpose of carrying out customs control use water and aircrafts of bodies of state revenues is performed in the following procedure:

1) decision making by the head of body of state revenues, or person replacing it about use of water or air courts;

2) determination of structure of crew and traffic route;

3) accomplishment of the tasks of customs control set for crew.

7. Bodies of state revenues when implementing customs control with use water and aircrafts of bodies of state revenues are guided by regulatory legal acts of the Republic of Kazakhstan on use of water and air transport.

8. Water vessels of bodies of state revenues are based in accordance with the established procedure on port installations and moorings, in coordination with owners of these constructions.

9. Aircrafts of bodies of state revenues are based on airfields (helidromes) of the state, civil and experimental aviation, according to the established requirements of Rules of use of the airfields of joint basing of civil and state aviation of the Republic of Kazakhstan approved by joint orders of the Minister of Transport and Communications of the Republic of Kazakhstan of February 25, 2011 No. 91 and the Minister of Defence of the Republic of Kazakhstan of March 18, 2011 No. 128 (it is registered in the Register of state registration of regulatory legal acts No. 6922).

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