JOINT ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN AND MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of March 15, 2018 No. 372, on March 26, 2018 No. 195

About approval of Rules of interaction of bodies of state revenues with national railway company, national carrier in the field of rail transport, the international airports, the sea and river ports of the Republic of Kazakhstan

According to Item 2 of article 27 of the Code of the Republic of Kazakhstan "About customs regulation in the Republic of Kazakhstan" we ORDER:

1. Approve:

1) Rules of interaction of bodies of state revenues with national railway company, national carrier in the field of rail transport of the Republic of Kazakhstan according to appendix 1 to this order;

2) Rules of interaction of bodies of state revenues with the international airports of the Republic of Kazakhstan according to appendix 2 to this order;

3) Rules of interaction of bodies of state revenues with the sea and river ports of the Republic of Kazakhstan according to appendix 3 to this order.

2. To the bodies of state revenues performing interaction within this joint order, and national railway company, to national carrier in the field of rail transport to the international airports, the sea or river ports of the Republic of Kazakhstan to take the necessary measures following from this joint 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 joint order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this joint 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 joint order on Internet resource of the Ministry of Finance of the Republic of Kazakhstan.

4. To impose control of execution of this joint order on the supervising vice-minister of investments and development of the Republic of Kazakhstan and the supervising vice-minister of the Ministry of Finance of the Republic of Kazakhstan.

5. This joint order becomes effective after ten calendar days from the date of its first official publication.

Appendix 1

to the Joint Order of the Minister of Finance of the Republic of Kazakhstan and the Minister of investments and development of the Republic of Kazakhstan of March 15, 2018 No. 372, on March 26, 2018 No. 195

Rules of interaction of bodies of state revenues with national railway company, national carrier in the field of rail transport of the Republic of Kazakhstan

Chapter 1. General provisions

1. These rules of interaction of bodies of state revenues with national railway company, national carrier in the field of rail transport of the Republic of Kazakhstan (further - Rules) are developed according to article 27 of the Code of the Republic of Kazakhstan "About customs regulation in the Republic of Kazakhstan" (further - the Code) and determine order of interaction of bodies of state revenues with national railway company, national carrier in the field of rail transport of the Republic of Kazakhstan when implementing customs procedures concerning the goods and vehicles transported by railway transport.

2. As national railway company, national carrier in the field of rail transport in these rules the joint-stock company JSC KTZh-Gruzovye perevozki acts (further - Carrier).

3. The concepts and terms used in these rules are applied according to the legislation of the Eurasian Economic Union (further - EEU) and the Republic of Kazakhstan.

4. Territorial authorities of state revenues (further - OGD) and territorial subdivisions of Carrier develop and approve schemes of interaction of stations and OGD according to the acts constituting the right of EEU, the Code, these rules and engineering procedure of work of the railway station.

On the made decisions concerning goods and OGD vehicles and the Carrier is notified in the terms established by international agreements, the legislation of the Republic of Kazakhstan of persons specified in shipping documents for taking measures to elimination of the reasons interfering the goods delivery.

OGD and Carrier represent at the request of persons specified in carriage documents, the necessary documents confirming actions concerning goods and vehicles.

Chapter 2. Conditions of transportations of goods and vehicles by rail under customs control

5. The goods which are under customs control are transported by rail transport in cars, containers which condition ensures their safety.

6. Transportation by railway transport of the goods and vehicles which are under customs control from customs authority of departure to customs authority of appointment (on customs area of EEU, including through the territory of the state which is not the member of EEU) is performed according to customs procedure of customs transit if such goods and vehicles are not placed under other customs procedure.

7. The carrier ensures safety of goods, the documents confirming the data declared in the declaration on goods and means of identification if they were applied.

8. The carrier does not allow unloading, overload (transfer) and making of other cargo operations with goods, OGD transported (transported) according to customs procedure of customs transit, and also replacement of the vehicles transporting such goods without permission or the notification (in the cases provided by the customs legislation of the Republic of Kazakhstan).

9. In case of nondelivery of the goods transported by railway transport placed under customs procedure of customs transit in the delivery location of goods determined by customs authority of departure, the carrier which accepted the specified goods for shipment provides information on these not delivered goods upon the demand of OGD. Conforming requirements and information are transferred as in writing, and with use of information systems and information technologies.

10. The carrier delivers goods and vehicles without any change of packaging or condition, except changes owing to natural wear or transportations, storages decreased under normal conditions and notifies on the goods delivery and vehicles customs authority of appointment in which zone of activities there is station of destination, in the terms established by the legislation of EEU and the Republic of Kazakhstan.

11. The decisions of OGD made according to the legislation of EEU and the Republic of Kazakhstan concerning the goods and vehicles transported under customs control are subject to execution by Carrier.

12. Without the permission of OGD the Carrier bears responsibility according to Item 1 of article 528 of the Code of the Republic of Kazakhstan on administrative offenses of July 5, 2014 for issue of the goods and vehicles which are under customs control.

Permission of OGD is performed by means of putting down of stamp "Release OGD in transport (transportation) documents is resolved". In case of change of samples of the operating stamps, within 5 (five) working days from decision date of OGD provide their samples to Carrier.

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