ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of July 10, 2019 No. 497

About measures for implementation of Presidential decrees of the Republic of Kazakhstan of June 17, 2019 No. 17 and of July 1, 2019 No. 46 "About measures for further enhancement of system of public administration of the Republic of Kazakhstan"

The government of the Republic of Kazakhstan DECIDES:

1. Approve enclosed:

1) Regulations on the Ministry of Trade and integration of the Republic of Kazakhstan;

2) changes and additions which are made to some decisions of the Government of the Republic of Kazakhstan.

2. Reorganize:

1) republican public institution "Committee on regulation of natural monopolies, protection of the competition and the rights of consumers of the Ministry of national economy of the Republic of Kazakhstan" by its separation into republican public institution "Committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan", republican public institution "Committee on regulation of natural monopolies of the Ministry of national economy of the Republic of Kazakhstan" and republican public institution "Committee on consumer protection of the Ministry of Trade and integration of the Republic of Kazakhstan";

2) public institutions - territorial subdivisions of Committee on regulation of natural monopolies, protection of the competition and the rights of consumers of the Ministry of national economy of the Republic of Kazakhstan according to appendix 1 to this resolution.

3. Rename:

1) republican public institution "Committee of technical regulation and metrology of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan" in republican public institution "Committee of technical regulation and metrology of the Ministry of Trade and integration of the Republic of Kazakhstan";

2) republican public institutions - territorial subdivisions of Committee of technical regulation and metrology of the Ministry of Trade and integration of the Republic of Kazakhstan according to appendix 2 to this resolution;

3) the republican state companies according to appendix 3 to this resolution;

4) republican public institution "Department of Committee according to the statistics the Ministries of national economy of the Republic of Kazakhstan of the city of Astana" in republican public institution "Department of Committee according to the statistics the Ministries of national economy of the Republic of Kazakhstan of Nour-Sultan's city".

4. Determine Committee of technical regulation and metrology of the Ministry of Trade and integration of the Republic of Kazakhstan by authorized body on management of the corresponding industry (sphere) of public administration concerning the republican state companies specified in appendix 3 to this resolution.

5. To committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan to transfer to the Ministry of Trade and integration of the Republic of Kazakhstan, its departments of right of possession and use of the state blocks of shares and shares of participation of legal entities according to appendix 4 to this resolution in the procedure established by the legislation.

6. To the ministries of national economy, industry and infrastructure development, trade and integration of the Republic of Kazakhstan together with Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan to take other measures following from this resolution.

7. This resolution becomes effective from the date of its signing, except for paragraphs of the eleventh, eighteenth, thirtieth and thirty first Item 1 of this resolution which become effective since January 1, 2021 according to the Law of the Republic of Kazakhstan of June 25, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning consumer protection".

 

Approved by the Order of the Government of the Republic of Kazakhstan of July 10, 2019 No. 497

Regulations on the Ministry of Trade and integration of the Republic of Kazakhstan

Chapter 1. General provisions

1. The Ministry of Trade and integration of the Republic of Kazakhstan (further – the Ministry) is the state body of the Republic of Kazakhstan performing management in spheres:

1) developments and regulations of foreign trade activity, international trade and economic relations, including regulations of the international economic integration;

2) development and promotion of export of non-oil goods and services;

3) developments and regulations of domestic trade, enhancement of trade infrastructure, development of stock and electronic trading;

4) consumer protection;

5) implementation of cross-industry coordination of activities of state bodies in spheres of consumer protection, technical regulation, standardization and ensuring unity of measurements, including strategic, control, realizable and regulating functions.

2. The ministry has departments:

1) republican public institution "Committee of technical regulation and metrology";

2) republican public institution "Committee on consumer protection";

3) republican public institution "Committee of trade".

The ministry has territorial authorities in areas, the cities of republican value and the capital.

3. The ministry performs the activities according to the Constitution and the laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, other regulatory legal acts, and also this Provision.

4. The ministry is legal entity in organizational legal form of public institution, has seals with the image of the State Emblem of the Republic of Kazakhstan and stamps with the name in state language, forms of the established sample, accounts in bodies of treasury according to the legislation of the Republic of Kazakhstan.

5. The ministry enters the civil relations from own name.

6. The ministry has the right to act as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation of the Republic of Kazakhstan.

7. The ministry of questions of the competence of the procedure established by the legislation makes the decisions which are drawn up by orders of the head of the Ministry and other acts, stipulated by the legislation the Republic of Kazakhstan.

8. The structure and limit of the number of staff of the Ministry affirm according to the legislation of the Republic of Kazakhstan.

9. Location of the legal entity: The city of Astana, Esilsky district, Prospekt Mang_l_k ate 010000,, the house 8, the office building "The house of the ministries", 7 entrance.

10. This Provision is the constituent document of the Ministry.

11. Financing of activities of the Ministry is performed from the republican budget according to the legislation of the Republic of Kazakhstan.

12. The ministry is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are powers of the Ministry.

If the Ministry by legal acts is granted the right to perform the activities which are bringing in incomes, then the gained income goes to the government budget if other is not established by the legislation of the Republic of Kazakhstan.

Chapter 2. Tasks and powers of the Ministry of Trade and integration of the Republic of Kazakhstan

13. Tasks:

1) forming of state policy in spheres of development and regulation of foreign trade activity, development and regulation of domestic trade, development and promotion of electronic and stock exchange trading, development and promotion of export of non-oil goods and services;

2) regulation of the international economic integration;

3) implementation of cross-industry coordination of activities of state bodies for ensuring realization of state policy in the sphere of consumer protection;

4) development and regulation of the international trade and economic relations;

5) ensuring realization of state policy in the sphere of consumer protection;

6) development of institute of the trade mission by establishment of commercial intercourses of the Republic of Kazakhstan with the state of stay and other countries;

7) participation in forming, realization and regulation of state policy in spheres of technical regulation, standardization, ensuring unity of measurements and accreditation in the field of assessment of conformity;

8) implementation of other tasks assigned to the Ministry within the competence.

14. Powers:

1) rights:

request and receive in the procedure established by the legislation from state bodies, the organizations, their officials necessary information and materials;

bring to the President and the Government of the Republic of Kazakhstan suggestions for improvement of activities in the spheres regulated by the Ministry;

create advisory advisory bodies under the Ministry;

perform other rights according to the legislation of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan;

2) obligations:

adopt regulatory legal acts, obligatory for execution, within the competence;

interact with other state bodies, the non-profit and international organizations according to the procedure, determined by legal acts of the Republic of Kazakhstan, and also based on joint acts of the relevant state bodies in coordination with them;

perform other obligations according to the legislation of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan.

15. Functions:

1) international cooperation within competence of the Ministry;

2) participation and coordination of activities of state bodies for negotiation concerning the conclusion of agreements on trade and economic cooperation and free (preferential) trade with foreign states within the Eurasian Economic Union or independently the Republic of Kazakhstan;

3) participation and coordination of activities of state bodies for development of trade and economic cooperation within the international and regional organizations, including within the Eurasian Economic Union;

4) performance on behalf of the Government of the Republic of Kazakhstan at negotiations with the international trade and economic organizations and integration associations, foreign states, the unions of foreign states;

5) consideration of legal acts, international treaties of the Republic of Kazakhstan and their projects regarding compliance to regulations of the World Trade Organization and to obligations of the Republic of Kazakhstan accepted in case of the accession to the World Trade Organization;

6) implementation of interaction with working and consultative bodies of the World Trade Organization, and also members of the World Trade Organization on the questions mentioning obligations of the Republic of Kazakhstan within the World Trade Organization;

7) interaction with Body for the dispute resolution of the World Trade Organization and Advice center by the right of the World Trade Organization;

8) coordination of work of state bodies concerning interaction with working bodies, members and observers of the World Trade Organization;

8-1) determination of order of interaction of authorized body in the field of regulation of trading activity with state bodies and subjects of the quasi-public sector, fifty and more percent of shares (share in the authorized capital) which belong to the state, on the questions connected with membership of the Republic of Kazakhstan in the World Trade Organization;

9) ensuring functioning of Information center concerning the World Trade Organization;

10) management of activities of the staff of the Ministry sent to Permanent mission of the Republic of Kazakhstan under department United Nations and other international organizations in Geneva and also in foreign organizations of the Republic of Kazakhstan;

11) determination of procedure for consideration of offers on application, change or cancellation of the customs and tariff, non-tariff, trade and compensating measures of regulation of foreign trade activity;

12) development of offers and preparation of the conclusions on application of measures of customs and tariff and non-tariff regulation of foreign trade activity;

13) preparation of the conclusions about feasibility of application of the tariff quotas;

14) establishment of the tariff quotas on import or export of separate types of goods and determination of method, procedure for distribution, amount and the term of their action;

15) distribution of the tariff quotas between participants of foreign trade activity within the competence according to procedure for distribution of the tariff quota;

16) establishment according to the international treaties ratified by the Republic of Kazakhstan, intra quote rates and extra quote rates of customs duties on goods the tariff quotas are applied to import or evacuation of whom;

17) issue of export licenses and (or) import during the importing or commodity exportation to the territory of the Republic of Kazakhstan within the tariff quotas;

18) decision making about provision of the tariff privilege concerning the goods exported from the Republic of Kazakhstan;

19) determination of procedure on introduction of measures of non-tariff regulation concerning separate goods;

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