ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of March 15, 2018 No. 373

About approval of Rules of recognition of the fact of destruction and (or) irretrievable loss of foreign goods owing to accident or force majeure or the fact of irretrievable loss of these goods as a result of natural wastage under normal conditions transportations (transportation) and (or) storage

According to the subitem 8) of Item 7 of Article 34, the subitem 3) of Item 3 of Article 88, the subitem 4) of Item 2 of Article 174, the subitem 2) of Item 1 of Article 305, the subitem 5) of Item 3 of Article 306, the subitem 4) of Item 2 of Article 322, the subitem 6) of Item 2 of article 328 of the Code of the Republic of Kazakhstan "About customs regulation in the Republic of Kazakhstan" I ORDER:

1. Approve the enclosed Rules of recognition of the fact of destruction and (or) irretrievable loss of foreign goods owing to accident or force majeure or the fact of irretrievable loss of these goods as a result of natural wastage under normal conditions of transportation (transportation) and (or) storage.

2. 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.

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 March 15, 2018 No. 373

Rules of recognition of the fact of destruction and (or) irretrievable loss of foreign goods owing to accident or force majeure or the fact of irretrievable loss of these goods as a result of natural wastage under normal conditions transportations (transportation) and (or) storage

Chapter 1. General provisions

1. These rules of recognition of the fact of destruction and (or) irretrievable loss of foreign goods owing to accident or force majeure or the fact of irretrievable loss of these goods as a result of natural wastage under normal conditions of transportation (transportation) and (or) storage (further – Rules) are developed according to the subitem 8) of Item 7 of Article 34, the subitem 3) of Item 3 of Article 88, the subitem 4) of Item 2 of Article 174, the subitem 2) of Item 1 of Article 305, the subitem 5) of Item 3 of Article 306, the subitem 4) of Item 2 of Article 322, the subitem 6) of Item 2 of article 328 of the Code of the Republic of Kazakhstan "About customs regulation in the Republic of Kazakhstan" (further – the Code) and determine procedure for recognition by body of state revenues of the fact of destruction and (or) irretrievable loss of foreign goods owing to accident or force majeure or the fact of irretrievable loss of these goods as a result of natural wastage under normal conditions transportations (transportation) and (or) storage.

Chapter 2. Procedure for recognition of the fact of destruction and (or) irretrievable loss of foreign goods owing to accident or force majeure

2. In cases, stipulated in Item 2 Articles 153 and Item 1 of article 162 of the Code, the carrier or other without delay reports the authorized person concerning goods about the fact of accident or force majeure in body of state revenues in which region of activities there were specified circumstances.

After receipt of state revenues by body in which region of activities there was accident or force majeure from which destruction and (or) irretrievable loss of goods (part of goods) resulted, of written information in any form from carrier or other the authorized person concerning goods this body of state revenues checks the acquired information, including departure for the scene.

3. The fact of destruction and (or) irretrievable loss of foreign goods owing to accident or force majeure is confirmed by the conclusions or acts of competent state bodies with photo and (or) video of fixing of these facts, way of creation of the Act of accident or force majeure (further - the Act of accident) in form, according to appendix 1 to these rules, the official of body of state revenues.

The statement of accident is drawn up no later than one working day following behind day of registration of the written information obtained from carrier or other the authorized person concerning the transported goods.

The act of accident, is drawn up in duplicate:

the first copy of the Act of accident remains in body of state revenues in which region of activities there was incident;

the second copy of the Act of accident is issued to the carrier or person authorized concerning goods.

4. In case of creation of the Act of accident are subject to appendix:

stipulated by the legislation conclusions of the Republic of Kazakhstan or acts of competent state bodies;

photo (video) materials confirming the fact of destruction (lost) goods and (or) the vehicle.

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