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THE ORDER OF THE FIRST DEPUTY PRIME MINISTER OF THE REPUBLIC OF KAZAKHSTAN - THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of May 30, 2019 No. 514

About some questions of adoption of provisional solutions concerning application of methods of determination of customs value of imported goods

(as amended of the Order of the Minister of Finance of the Republic of Kazakhstan of 09.08.2021 No. 784)

According to Item 19 of article 65 of the Code of the Republic of Kazakhstan "About customs regulation in the Republic of Kazakhstan" I ORDER:

1. Approve enclosed:

1) cases in which provisional solutions concerning application of methods of determination of customs value of imported goods according to appendix 1 to this order can be made;

2) Rules, conditions and terms of issue of the provisional solution concerning application of methods of determination of customs value of imported goods according to appendix 2 to this order;

3) Rules and terms of application of the provisional solution concerning application of methods of determination of customs value of imported goods according to appendix 3 to this order.

2. To provide to committee of state revenues of the Ministry of Finance of the Republic of Kazakhstan in the procedure established by the legislation:

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 in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "Institute of the legislation and legal information of the Republic of Kazakhstan" the Ministries 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 since July 1, 2019 and is subject to official publication.

The first deputy Premier-Ministra of the Republic of Kazakhstan is the Minister of Finance of the Republic of Kazakhstan

Appendix 1

to the Order of the First deputy Premier-Ministra of the Republic of Kazakhstan - the Minister of Finance of the Republic of Kazakhstan of May 30, 2019 No. 514

Cases in which provisional solutions concerning application of methods of determination of customs value of imported goods can be made

Imported goods are not purchase and sale subject. Such cases take place in case of commodity importation on customs area of the Eurasian Economic Union:

1) under non-paid agreements, in particular according to gift agreements, non-paid delivery (for example, the agreement of non-paid delivery of advertizing, exhibition samples);

2) according to lease agreements;

3) under intermediary agreements, in particular under the commission agreement, the agreement of consignment, the agency agreement which are not containing the price at which goods are on sale for export on customs area of the Eurasian Economic Union;

4) according to loan agreements, commodity loan on which goods or goods equivalent to them are subject to return to the owner;

5) for conducting examination, assessment (confirmation) of compliance (including researches, testing, checks, experiments and display of properties and characteristics);

6) as contribution to the authorized capital (fund).

Appendix 2

to the Order of the First deputy Premier-Ministra of the Republic of Kazakhstan the Minister of Finance of the Republic of Kazakhstan of May 30, 2019 No. 514

Rules, conditions and terms of issue of the provisional solution concerning application of methods of determination of customs value of imported goods

Chapter 1. General provisions

1. These rules, conditions and terms of issue of the provisional solution concerning application of methods of determination of customs value of imported goods (further - Rules) are developed according to Item 19 of article 65 of the Code of the Republic of Kazakhstan "About customs regulation in the Republic of Kazakhstan" and determine procedure, conditions and terms of issue of the provisional solution concerning application of methods of determination of customs value of imported goods (further - the provisional solution).

Chapter 2. Procedure, conditions and terms of issue of the provisional solution

2. Condition of issue of the provisional solution is the statement for adoption of the provisional solution (further - the application) submitted by the applicant to territorial authority of state revenues (further - body) in electronic form, the applicant certified by the digital signature, with appendix of the scanned copies of documents by means of information system of body. In case of failure of information system of body the application is submitted on paper, and also the provisional solution is issued on paper.

3. The application is submitted:

prior to implementation of foreign economic activity;

if the transaction and goods, are not subject of consideration of other bodies, law enforcement agencies or courts;

concerning one goods in body before giving/registration of the declaration for goods.

4. Application is issued in printing on sheets of paper of the A4 format (210 x 297 mm) in 2 (two) copies, one of which moves in body, and another - remains at the applicant.

5. The application is submitted with appendix of the document on payment of customs duty for adoption of the provisional solution and the document which formed the basis for the address with the statement for issue of the provisional solution in cases in which provisional solutions concerning application of methods of determination of customs value of imported goods, according to appendix 1 to this order can be made.

The documents enclosed to the application shall be translated into the state or Russian languages, at the same time target language shall correspond to address language.

6. The provisional solution is issued within 20 (twenty) working days, in case of filing of application on paper - from the date of registration of a statement in office of body, in case, filing of application by means of information system of body - from the date of departure of the application signed by the electronic and digital signature.

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