ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of February 16, 2018 No. 225

About approval of Features of presentation of conditionally released goods or confirmations of the place of their stay when carrying out customs control after release of goods for confirmation of observance of the purposes and conditions of provision of privileges on payment of import customs duties, taxes and (or) restrictions on use and (or) the order with these goods in connection with application of privileges on payment of import customs duties, taxes, and also frequency of carrying out and other requirements to carrying out customs control after release of goods concerning conditionally released goods

According to article 400 of the Code of the Republic of Kazakhstan of December 26, 2017 "About customs regulation in the Republic of Kazakhstan" I ORDER:

1. Approve the enclosed Features of presentation of conditionally released goods or confirmation of the place of their stay when carrying out customs control after release of goods for confirmation of observance of the purposes and conditions of provision of privileges on payment of import customs duties, taxes and (or) restrictions on use and (or) the order with these goods in connection with application of privileges on payment of import customs duties, taxes, and also frequency of carrying out and other requirements to carrying out customs control after release of goods concerning conditionally released goods.

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 February 16, 2018 No. 225

Features of presentation of conditionally released goods or confirmation of the place of their stay when carrying out customs control after release of goods for confirmation of observance of the purposes and conditions of provision of privileges on payment of import customs duties, taxes and (or) restrictions on use and (or) the order with these goods in connection with application of privileges on payment of import customs duties, taxes, and also frequency of carrying out and other requirements to carrying out customs control after release of goods concerning conditionally released goods

Chapter 1. General provisions

1. These Features of presentation of conditionally released goods or confirmation of the place of their stay when carrying out customs control after release of goods for confirmation of observance of the purposes and conditions of provision of privileges on payment of import customs duties, taxes and (or) restrictions on use and (or) the order with these goods in connection with application of privileges on payment of import customs duties, taxes, and also frequency of carrying out and other requirements to carrying out customs control after release of goods concerning conditionally released goods are developed according to article 400 of the Code of the Republic of Kazakhstan of December 26, 2017 "About customs regulation in the Republic of Kazakhstan" (further – the Code) and determine:

1) features of application concerning separate types of goods of the subitem 2) Item 1 of article 400 of the Code according to which not confirmation of observance of the purposes and conditions of provision of privileges on payment of import customs duties, taxes and (or) restrictions on use and (or) order with these goods in connection with application of privileges on payment of import customs duties, taxes not presentation to body of state revenues of the specified goods or not confirmation of the place of their stay when carrying out customs control after release of goods concerning such goods is considered;

2) frequency of carrying out and other requirements to carrying out customs control after release of goods concerning conditionally released goods, concerning which:

the privileges on payment of import customs duties, taxes integrated to restrictions on use and (or) the order with these goods are applied;

observance of prohibitions and restrictions according to the Agreement on the Eurasian Economic Union of May 29, 2014 and (or) the legislation of the Republic of Kazakhstan can be confirmed after release of goods;

according to international treaties within the Eurasian Economic Union or international treaties on the accession to the Eurasian Economic Union (international treaties on accession of the state to the agreement on the Eurasian Economic Union) lower rates of import customs duties, than established by the Common customs tariff of the Eurasian Economic Union are applied.

Chapter 2. Features of carrying out customs control after release concerning separate types of goods

2. Confirmation of observance of the purposes and conditions of provision of privileges on payment of import customs duties, taxes and (or) restrictions on use and (or) order with these goods in connection with application of privileges on payment of import customs duties, taxes by presentation of the conditionally released goods specified in the subitem 1) of Item 1 of article 202 of the Code, or confirmation of the place of their stay is not required concerning consumable materials, spare parts and component parts of the contracts for subsurface use used or used in the course of execution, investment contracts, special investment contracts.

At the same time observance of the above-stated purposes and conditions is confirmed by documents and (or) accounting data and the reporting and is the basis for recognition of such goods goods of the Eurasian Economic Union.

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