ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of February 19, 2018 No. 229

About approval of Rules of withdrawal of customs, transport (transportation), business and other documents, means of identification for conducting customs examination and form of the act of withdrawal of documents, means of identification of documents and goods

According to Item 10 of article 471 of the Code of the Republic of Kazakhstan "About customs regulation in the Republic of Kazakhstan" I ORDER:

1. Approve:

1) Rules of withdrawal of customs, transport (transportation), business and other documents, means of identification for conducting customs examination according to appendix 1 to this order;

2) form of the act of withdrawal of documents, means of identification of documents and goods according to appendix 2 to this order.

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 its copy 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.

Appendix 1

to the Order of the Minister of Finance of the Republic of Kazakhstan of February 19, 2018 No. 229

Rules of withdrawal of customs transport (transportation), business and other documents, means of identification for conducting customs examination

Chapter 1. General provisions

1. These rules of withdrawal of customs, transport (transportation), business and other documents, means of identification (further - Rules) are developed for conducting customs examination according to Item 10 of article 471 of the Code of the Republic of Kazakhstan "About customs regulation in the Republic of Kazakhstan" and determine procedure for withdrawal of customs, transport (transportation), business and other documents, means of identification for conducting customs examination for the purpose of implementation of customs control over the moved goods through customs border of the Eurasian Economic Union.

2. The customs applicants or persons having powers concerning goods or their representatives take part and render assistance to officials of bodies of state revenues in case of withdrawal of customs, transport (transportation), business and other documents, means of identification (further – withdrawal of documents and means of identification).

Chapter 2. Procedure for withdrawal of customs, transport (transportation), business and other documents, means of identification

3. In case of production of withdrawal of documents and means of identification notifies the official of body of state revenues within 1 (one) working day of the customs applicant or person having powers concerning goods or their representative about need of withdrawal of documents and means of identification.

In case of refusal of the customs applicant or person having powers concerning goods or their representative in provision of documents and means of identification the official of body of state revenues withdraws documents and means of identification in the cases provided by subitems 1), 2) and 4) of Item 6 of article 413 of the Code in the presence of 2 (two) witnesses, and in the case specified in the subitem 3 of Item 6 of article 413 of the Code – in the presence of the representative of the appointed operator of mail service, and in case of its absence – in the presence of 2 (two) witnesses.

As witnesses full age, capable citizens are attracted, participation as the understood officials of bodies of state revenues, other state bodies and workers, founders (participants) of the payer is not allowed.

4. Withdrawal of documents and means of identification is made by the official of bodies of state revenues in the presence of the customs applicant or person having powers concerning goods or their representative.

5. In need of use of special and (or) scientific knowledge and use of technical means in case of withdrawal of documents and means of identification, such withdrawal is carried out with participation of the customs expert.

The basis for participation of the customs expert in withdrawal of documents and means of identification is the petition of the official of bodies of state revenues in authorized body of state revenues.

6. Following the results of withdrawal of documents and means of identification the statement of withdrawal of documents, means of identification of documents and goods in the form approved by this order is drawn up.

7. The act of withdrawal of documents and means of identification is constituted in triplicate:

the first copy remains in body of state revenues;

the second copy together with the withdrawn documents and means of identification goes to authorized body of state revenues for conducting customs examination;

the third copy is subject to delivery (direction) to the customs applicant, the other person having powers concerning goods or their representatives if they are established.

8. Documents and funds of identification allocated for customs examination are packed and sealed.

Packaging bears explanatory texts (label).

On explanatory text it is specified:

date of withdrawal of documents and means of identification;

the name and the number of the withdrawn documents and means of identification;

number and date of the act of withdrawal of documents and means of identification;

description of goods according to shipping documents;

number of the declaration on goods;

surname, name, middle name (in case of its availability) and the signature of the official who withdrew documents and means of identification.

The explanatory text is certified by print of personal number seal of the official or impress of a seal of bodies of state revenues.

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