of June 25, 2018 No. 374
About approval of Rules of commodity importation, except for excisable, as the humanitarian assistance
According to the subitem 4) of Item 1 of article 399 of the Code of the Republic of Kazakhstan of December 25, 2017 "About taxes and other obligatory payments in the budget" the Government of the Republic of Kazakhstan DECIDES: (Tax code)
1. Approve the enclosed Rules of commodity importation, except for excisable, as the humanitarian assistance.
2. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix to this resolution.
3. This resolution becomes effective after ten calendar days after day of its first official publication.
Prime Minister of the Republic of Kazakhstan
B. Sagintayev
Approved by the Order of the Government of the Republic of Kazakhstan of June 25, 2018 No. 374
1. These rules of commodity importation, except for excisable, as the humanitarian assistance are developed according to the subitem 4) of Item 1 of article 399 of the Code of the Republic of Kazakhstan of December 25, 2017 "About taxes and other obligatory payments in the budget" (Tax code) and determine procedure for commodity importation, except for excisable, (further - goods) as the humanitarian assistance.
2. The humanitarian assistance is the property provided gratuitously to the Republic of Kazakhstan in the form of food, consumer goods, the equipment, equipment, the equipment, medical and medicines, other property directed from foreign countries and the international organizations for improvement of living conditions and life of the population, and also the prevention and liquidation of emergency situations of military, ecological, natural and technogenic nature, distributed by the Government of the Republic of Kazakhstan through authorized organizations.
Receiver of goods as the humanitarian assistance is person specified in shipping documents to whom the carrier delivers the goods which are under customs control.
On the questions connected with obtaining and use of the foreign humanitarian assistance, the Commission on questions of the international humanitarian aid created according to the current legislation of the Republic of Kazakhstan performs development of relevant proposals.
3. The goods imported as the humanitarian assistance shall be safe for the consumer and correspond to the sanitary and epidemiologic rules and hygienic standard rates, quarantine phytosanitary, veterinary (veterinary and sanitary) requirements, requirements of technical regulations applied in the Republic of Kazakhstan.
Commodity importation conditions on customs area of the Republic of Kazakhstan are regulated by the regulatory legal acts operating in the territory of the Republic of Kazakhstan.
4. Conditions of import of medicines, products of medical appointment and medical equipment on the territory of the Republic of Kazakhstan are determined according to the legislation of the Republic of Kazakhstan in the field of health care.
5. The goods imported as the humanitarian assistance are property of foreign legal entities and physical persons until its actual transfer to the receiver.
6. Concerning the goods imported as the humanitarian assistance, customs transactions are made in first-priority procedure according to article 147 of the Code of the Republic of Kazakhstan of December 26, 2017 "About customs regulation in the Republic of Kazakhstan".
7. In case of commodity importation as the humanitarian assistance are represented:
1) the document of the sender of goods witnessing the direction of goods as the humanitarian assistance (including constituted in foreign language) or confirmation of the diplomatic or equated to them representations or consular establishments, or international organizations or their representations, other organizations or their representations about commodity importation with indication of the commodity importation purpose on a grant basis - as the humanitarian assistance;
2) the copy of the international treaty of the Republic of Kazakhstan (in the presence) within which commodity importation as the humanitarian assistance is performed;
3) the shipping documents containing information on the purpose of commodity importation and their receiver, as well as the reference (in the presence) to the become effective international treaty of the Republic of Kazakhstan.
Appendix
to the Order of the Government of the Republic of Kazakhstan of June 25, 2018 No. 374
1. The resolution of the Cabinet of Ministers of the Republic of Kazakhstan of August 7, 1995 No. 1090 "About procedure for commodity importation as the humanitarian assistance" (SAPP of the Republic of Kazakhstan, 1995, No. 27, the Art. 324).
2. Item of 60 changes which are made to some decisions of the Government of the Republic of Kazakhstan, approved by the order of the Government of the Republic of Kazakhstan of August 20, 1996 No. 1031 "About modification and recognition voided some decisions of the Government of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 1996, No. 35, the Art. 327).
3. The order of the Government of the Republic of Kazakhstan of November 20, 2001 No. 1494 "About introduction of amendments to the resolution of the Cabinet of Ministers of the Republic of Kazakhstan of August 7, 1995 No. 1090" (SAPP of the Republic of Kazakhstan, 2001, No. 40, the Art. 514).
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