ORDER OF THE MINISTER OF TRADE AND INTEGRATION OF THE REPUBLIC OF KAZAKHSTAN

of August 21, 2019 No. 21

About approval of Rules of consideration of offers on application, about change or cancellation of the customs and tariff, non-tariff, trade and compensating measures of regulation of foreign trade activity

List of amending documents

According to subitem 2-3) of article 7 of the Law of the Republic of Kazakhstan of April 12, 2004 "On regulation of trading activity", I ORDER:

1. Approve the enclosed Rules of consideration of offers on application, about change or cancellation of the customs and tariff, non-tariff, trade and compensating measures of regulation of foreign trade activity.

2. To provide to department of foreign trade activity 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" 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 Trade and integration 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 Trade and integration of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

3. To impose control of execution of this order on the supervising vice-Minister of Trade and integration of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

It is approved Ministry of the industry and infrastructure development of the Republic of Kazakhstan "_____"______________

It is approved Ministry of Finance of the Republic of Kazakhstan "_____"______________

It is approved Ministry of national economy of the Republic of Kazakhstan "_____"______________

 

Approved by the Order of the Minister of Trade and integration of the Republic of Kazakhstan of August 21, 2019 No. 21

Rules of consideration of offers on application, about change or cancellation of the customs and tariff, non-tariff, trade and compensating measures of regulation of foreign trade activity

Chapter 1. General provisions

1. These rules of consideration of offers on application, about change or cancellation of the customs and tariff, non-tariff, trade and compensating measures of regulation of foreign trade activity (further - Rules) are developed according to subitem 2-3) of article 7 of the Law of the Republic of Kazakhstan of April 12, 2004 "On regulation of trading activity" (further - the Law) and determine procedure for consideration by authorized body of offers on application, about change or cancellation (further - application) the customs and tariff, non-tariff, trade and compensating measures of regulation of foreign trade activity.

2. For the purposes of these rules the following basic concepts are used:

1) customs and tariff measure - establishment, change or cancellation of customs duties, tariff privileges, tariff quotas, tariff preferences;

2) the producer of subsidized goods - producers of the goods subsidized by state member of the Eurasian Economic Union (further - EEU).

3) non-tariff measure - establishment, change or cancellation of prohibitions, quantitative restrictions, exclusive right, automatic licensing (observation), allowing procedure;

4) authorized body in the field of regulation of trading activity (further - authorized body) - the central executive body creating trade policy and performing management, and also cross-industry coordination in the field of trading activity.

Other concepts used in these rules are applied according to the Law and the Agreement on the Eurasian Economic Union of May 29, 2014 ratified by the Law of the Republic of Kazakhstan of October 14, 2014 "About ratification of the Agreement on the Eurasian Economic Union" (further - the Agreement).

Chapter 2. Procedure for consideration of offers on application of customs and tariff measures

3. The offer on application of customs and tariff measures is submitted in authorized body the central state bodies (further - state bodies) and physical persons, including, registered as individual entrepreneurs according to the legislation of the Republic of Kazakhstan (further - physical persons), and the legal entities created according to the legislation of the Republic of Kazakhstan (further - legal entities), except as specified, stipulated in Item 12 these rules.

4. The offer of physical person or legal entity on application of customs and tariff measure is presented in the form of the written address to which the list of data provided by physical person or legal entity about application of measures of customs and tariff regulation in form 1 according to appendix 1 to these rules is attached.

5. The offer of state body on application of customs and tariff measure is presented in the form of the written address to which the list of data provided by state body about application of measures of customs and tariff regulation in form 2 according to appendix 1 to these rules is attached.

6. In case of lack of any data provided by items 4 and 5 these rules, or submissions of the data which are not conforming to requirements of the specified Items, the authorized body sends to the address of physical person or legal entity, or state body the letter on provision of missing data or correct data within 15 calendar days from the moment of registration of the offer on application of customs and tariff measures in authorized body.

7. The authorized body after receipt of the data provided by Items 4, of 5 and 6 these rules carries out the analysis of economic feasibility of application of customs and tariff measure, taking into account the international obligations of the Republic of Kazakhstan within 30 calendar days. If necessary the authorized body sends inquiry to state bodies and other organizations.

8. In case of positive analysis results of feasibility of application of the proposed customs and tariff measure, the authorized body within 15 calendar days prepares the conclusion about feasibility of application of customs and tariff measure and sends it for consideration of the Interdepartmental commission on questions of the foreign trade policy and participation in the international economic organizations (further - MVK) formed according to the order of the Prime Minister of the Republic of Kazakhstan of August 16, 2017 No. 114-r for decision making.

9. In case of non-presentation by physical person or legal entity, or state body, the these rules of missing or correct data requested by authorized body according to Item 6, and also in case of negative analysis results of feasibility of application of customs and tariff measure the authorized body within 15 calendar days sends to physical person or legal entity, or state body reasonable refusal about further review of the offer on application of customs and tariff measure.

10. In case of the positive solution of MVK:

about application of customs and tariff measure on which decisions is accepted by the Eurasian economic commission (further - ECE), the authorized body provides the direction in ECE within 5 working days from the moment of registration of the minutes of MVK in authorized body;

about application of customs and tariff measure on which decision is made by authorized body, and also state body is provided with adoption of the corresponding legal act according to subitem 2-1) of Article 7, Item 1 of Article 16-1 and Item 2 of article 16-2 of the Law.

11. In case of the negative solution of MVK according to the offer on application of customs and tariff measure, the authorized body sends reasonable refusal to physical person or legal entity within 10 calendar days from the moment of registration of the minutes of MVK in authorized body.

12. If the offer on application of customs and tariff measures arrives from ECE, including, offers of state members of EEU, the authorized body provides its approval of the relevant state bodies according to Rules of forming of line item of the Government of the Republic of Kazakhstan concerning participation in the Eurasian Economic Union, and also interaction of the central executive bodies, state bodies, directly subordinate and accountable to the President of the Republic of Kazakhstan, subjects of the quasi-public sector and National chamber of entrepreneurs of the Republic of Kazakhstan with the Eurasian economic commission, approved by the order of the Government of the Republic of Kazakhstan of October 4, 2021 No. 703 (further - Rules of interaction) and other organizations.

The authorized body creates the consolidated line item of the Republic of Kazakhstan about consent/disagreement with the proposed customs and tariff measures taking into account the line items provided at the request of authorized body and informs ECE according to the procedure and terms, the provided Rules of interaction.

With principal differences of state bodies and/or other interested organizations for the offer of ECE or basic disagreement of state bodies of state members of EEU with line item of the Republic of Kazakhstan, the offer of ECE and the corresponding conclusion of authorized body is considered on MVK for development of the final consolidated line item of the Republic of Kazakhstan.

Chapter 3. Procedure for consideration of offers on application of non-tariff measures

13. The offer on application of non-tariff measure is submitted in authorized body state bodies and physical persons or legal entities, except as specified, of the these rules provided in Item 22.

14. The offer of physical person or legal entity on application of non-tariff measure is presented in the form of the written address to which the list of data provided by physical person or legal entity about application of non-tariff measures for form 1 according to appendix 2 to these rules is attached.

15. The offer of state body on application of non-tariff measure is presented in the form of the written address to which the list of data provided by state body about application of non-tariff measures for form 2 according to appendix 2 to these rules is attached.

16. In case of lack of any data provided by Items 14 and 15 of these rules or submission of data, which are not conforming to requirements of the specified Items and also in need of receipt of the additional specifying information, for establishment of feasibility of the proposed non-tariff measure, the authorized body sends to the address of physical person or legal entity or state body the corresponding request within 15 calendar days from the moment of registration of the offer on application of non-tariff measure in authorized body.

17. The authorized body after receipt of the data provided by Items 14, of 15 and 16 these rules carries out the analysis of economic feasibility of application of non-tariff measure, taking into account the international obligations of the Republic of Kazakhstan within 30 calendar days. If necessary the authorized body sends inquiry to state bodies and other organizations.

18. In case of positive analysis results of feasibility of application of the proposed non-tariff measure the authorized body within 15 calendar days prepares the conclusion about feasibility of application of non-tariff measure and sends it for consideration of MVK for decision making.

19. In case of non-presentation by physical person or legal entity, or state body, the these rules of missing or correct data requested by authorized body according to Item 16, and also in case of negative analysis results of feasibility of application of non-tariff measure, the authorized body within 15 calendar days sends to physical person or legal entity or state body reasonable refusal about further review of the offer on application of non-tariff measure.

20. In case of the positive solution of MVK:

about application of non-tariff measure on which decision is made ECE the authorized body provides the direction of this offer in ECE within 5 working days from the moment of registration of the minutes of MVK in authorized body;

about application of non-tariff measure by the Republic of Kazakhstan on which decision is made by authorized body, and also state body is provided with adoption of the corresponding legal act according to Item 2 of article 17 of the Law.

21. In case of the negative solution of MVK according to the offer on application of non-tariff measure, the authorized body sends reasonable refusal to physical person or legal entity within 10 calendar days from the moment of registration of the minutes of MVK in authorized body.

22. If the offer on application of non-tariff measures arrives from ECE, including, offers of state members of EEU, the authorized body provides its approval of the interested state bodies according to Rules of interaction and other organizations.

The authorized body creates the consolidated line item of the Republic of Kazakhstan about consent/disagreement with the proposed non-tariff measures taking into account the line items provided at the request of authorized body and informs ECE according to the procedure and terms, the provided Rules of interaction.

With principal differences of state bodies and/or other interested organizations for the offer of ECE or basic disagreement of state bodies of state members of EEU with line item of the Republic of Kazakhstan, the offer of ECE and the corresponding conclusion of authorized body is considered on MVK for development of the final consolidated line item of the Republic of Kazakhstan.

Chapter 4. Procedure for consideration of offers on application of trade measures

23. The proposal on application of trade measures is submitted it (is provided) by the producer and/or merging of producers of the similar or direct competing goods (further - producers) in ECE according to article 32 of the Law of the Republic of Kazakhstan of June 8, 2015 "About special, anti-dumping and countervailing measures in relation to the third countries", except for Item 1 of the specified Article.

For the purposes of application of trade measures the similar goods are understood as the goods completely identical to goods which are or can become object of investigation (repeated investigation), or for lack of such goods - other goods having the characteristics close to characteristics of goods which are or can become object of investigation (repeated investigation).

24. For rendering support of initiative of producers by authorized body of application of trade measures, the materials (information) directed by the specified producers to ECE according to Item 23 of these rules are provided in authorized body.

25. The authorized body after receipt of materials (information), stipulated in Item 24 these rules, carries out the analysis of influence of application of this measure on the corresponding industry of the Republic of Kazakhstan, taking into account the international obligations of the Republic of Kazakhstan within 30 calendar days from the moment of registration of the arrived materials (information) in authorized body. If necessary for the purposes of the analysis the authorized body during the specified term sends inquiry to the interested state bodies and other organizations.

26. On analysis results, stipulated in Item 25 these rules, the authorized body informs ECE on line item of the Republic of Kazakhstan in the terms which are not exceeding 3 months from the moment of completion of the corresponding analysis.

27. If the offer on application of trade measure arrives from ECE, the authorized body provides its approval of the interested state bodies, other organizations, according to the procedure and the terms installed by the Section VI of application No. 8 to the Agreement.

The authorized body creates line item of the Republic of Kazakhstan about consent/disagreement with the proposed trade measures taking into account the line items provided at the request of authorized body and informs ECE, according to the procedure and the terms installed by the Section VI of application No. 8 to the Agreement.

With principal differences of state bodies and/or other interested organizations for the offer of ECE or basic disagreement of authorized state bodies of state members of EEU with line item of the Republic of Kazakhstan, the offer of ECE and the corresponding conclusion of authorized body is considered on MVK for development of the final consolidated line item of the Republic of Kazakhstan.

Chapter 5. Procedure for consideration of offers on application of the compensating measures

28. The offer on application of the compensating measures is submitted in authorized body state bodies or the national producer of similar goods or merging of such producers (further - the applicant) which participants the producers constituting industry of national economy in the form of the written address to which the list of the information provided by the applicant or state bodies about application of the compensating measures for form 1 according to appendix 3 to these rules is attached are among.

For the purposes of application of the compensating measures the similar goods are understood as the industrial goods completely identical to goods, in case of production, export from the territory of state member of EEU or transportation of which the specific subsidy, or for lack of such goods - other goods which have the characteristics close to characteristics of goods was used, in case of production, export from the territory of state member of EEU or transportation of which the specific subsidy was used.

29. If necessary, and also in case of lack of any data, stipulated in Item 28 these rules or submission of the data which are not conforming to requirements of the specified Item, the authorized body sets to the applicant the official letter about submission of missing data or correct data in terms, stipulated in Item 29 Protocols on single rules of provision of industrial subsidies, according to appendix No. 28 to the Agreement.

30. The offer on application of the compensating measure is rejected on the following bases:

discrepancy of the applicant to requirements, the these rules established by Items 28 and 29;

non-presentation of the data specified in appendix 3 to these rules;

unauthenticity of the data provided by the applicant.

31. The authorized body after the receipt of the address and data provided by Items 28 and 29 of these rules makes investigation for the purpose of preparation of the conclusion about feasibility of application of the compensating measure in relation to state members of EEU according to article 22-1 of the Law.

32. The address can be withdrawn by the applicant prior to investigation or during its carrying out.

Appendix 1

to Rules of consideration of offers on application, about change or cancellation of the customs and tariff, non-tariff, trade and compensating measures of regulation of foreign trade activity

Form 1

The list of data provided by physical person or legal entity about application of measures of customs and tariff regulation

1. Information on physical person or legal entity (the address, phone, the fax, E-mail, place of registration, surname, name, the head's middle name (in case of its availability).

2. Description of goods, including, code of the commodity nomenclature of foreign economic activity of the Eurasian Economic Union (further - the CN FEA EEU);

3. Production and economic indicators of the company for prior three years:

1) amount of production/consumption of goods in natural and cost expressions;

2) sales amount of goods to which it is offered to apply customs and tariff measure, in natural and cost expressions (with indication of the country), including, for export;

3) production capacity and loading of the company (in percentage expression);

4) profitability of production of the company (in percentage expression);

5) profits/losses of the company;

6) number of busy (workers) at the company;

7) the amount of the taxes transferred into the government budget by the company, including, the value added tax (further - the VAT), the corporate income tax.

4. Plans for production/consumption of goods in natural and cost expressions the next three years, and also sales amount of ready goods to which it is offered to apply customs and tariff measure, including, for export (with indication of the country).

5. The reasons for need of application of customs and tariff measure containing the following data:

1) the description of goods with indication of its properties, characteristics, functional purpose and the field of use;

2) data on the main consumers or customer groups of goods in the territory of the Republic of Kazakhstan (about the main producers / groups of producers of goods in the Republic of Kazakhstan and beyond its limits);

3) the comparative characteristic of goods to which it is offered to apply customs and tariff measure with the similar goods made in the territory of the Republic of Kazakhstan and/or state members of EEU and (or) made in the third countries (if there is such opportunity);

4) the financial and economic reasons containing assessment (description) of economic effect of application of customs and tariff measure on financial and economic condition of the company (industry).

6. In case of the offer on increase in rate of import customs duty to specify data for prior three years on the price of the similar goods imported from other countries and the goods price in the domestic market.

7. In case of the offer on decrease in rate of import customs duty in addition to specify the following data for prior three years:

1) average structure of cost of ready-made product (finished product) with indication of cost portion of the imported raw materials;

2) costs when importing raw materials (customs value, customs duty, customs fee, excises, the VAT for ready-made product and on the imported raw materials);

3) average transportation expenses (from import Item to the consumer, from production Item within the country to the consumer);

4) the price of the similar goods (raw materials) imported from other countries and the price of these goods in the domestic market and also import volumes and the name of the exporting country.

8. If the offer provides modification of the CN FEA EEU, regarding disaggregation of specification symbol, it also shall contain the following information:

1) criteria (classification signs) according to which these goods (type of goods) can be unambiguously allocated from set of similar goods;

2) about goods for which it is offered to allocate separate line item in the CN FEA EEU: picking, appointment, the principle of work, structure (if criterion of classification is content of any substances), conversion processes (if criterion of classification is the type of processing of goods or extent of processing of goods), technical characteristics (if criteria of classification are the weight, the size, capacity, performance, other technical characteristics of goods);

3) about the available techniques allowing to check goods compliance to the criteria established by the line item of the CN FEA EEU offered to allocation concerning separate types of goods.

9. In case of the offer on application of export customs duty in addition to specify the following data:

1) share of export customs duty in cost of ready goods (if it is established);

2) amount of the planned export (in natural and value term) and the potential markets (countries) of sale the next three years;

3) cost portion of goods to which it is offered to apply export customs duty, as a part of ready goods which production performs physical person or legal entity;

4) information on the main consuming countries of the made products;

5) expense information on delivery to the made products to the main markets.

Form 2

The list of data provided by state body about application of measures of customs and tariff regulation

1. The current situation in the Republic of Kazakhstan on the market of the considered goods, including, with indication of the main producers / consumers of goods, their addresses and contacts.

2. General situation in industry of production/consumption/realization of the considered goods for prior three years and the forecast the next three years (with indication of natural and cost indicators, including, production/consumption amount, number of occupied).

3. Economic effect of application of customs and tariff measure, including assessment of possible influence on industry of economy and the companies of this industry.

4. Production capacities and level of their loading of the main producers / consumers.

5. The main countries suppliers / consumers of the considered goods.

6. Expected losses of the republican budget from application of customs and tariff measure.

7. The comparative characteristic of goods concerning which it is offered to enter customs and tariff measure in comparison with the similar goods made in the territory of the Republic of Kazakhstan, state members of EEU, the third countries (if there is such opportunity);

8. Data on prime manufacturers or customer groups of goods of state members of EEU, the third countries (if there is such opportunity).

9. If the offer provides modification of the CN FEA EEU, regarding disaggregation of specification symbol, it also shall contain the following information:

1) criteria (classification signs) according to which these goods (type of goods) can be unambiguously allocated from set of similar goods;

2) about goods for which it is offered to allocate separate line item in the CN FEA EEU: picking, appointment, the principle of work, structure (if criterion of classification is content of any substances), conversion processes (if criterion of classification is the type of processing of goods or extent of processing of goods), technical characteristics (if criteria of classification are the weight, the size, capacity, performance, other technical characteristics of goods);

3) about the available techniques allowing to check goods compliance to the criteria established by the line item of the CN FEA EEU offered to allocation concerning separate types of goods.

10. In case of the offer on application of export customs duty to specify the following data:

1) about the main consumers or customer groups of goods in the Republic of Kazakhstan and abroad;

2) plans for export volume (in natural and value term);

3) information on the main consuming countries of the made products;

4) expense information on delivery to the made products to the main markets;

5) influence on industry and need of the domestic market for these goods.

Appendix 2

to Rules of consideration of offers on application, about change or cancellation of the customs and tariff, non-tariff, trade and compensating measures of regulation of foreign trade activity

Form 1

The list of data provided by physical person or legal entity about application of non-tariff measures

1. Information on physical person or legal entity (the address, phone, the fax, E-mail, place of registration, surname, name, the head's middle name (in case of its availability).

2. Description of goods, including, code of the commodity nomenclature of foreign economic activity of the Eurasian Economic Union (further - the CN FEA EEU).

3. The description of goods with indication of its properties, characteristics, functional purpose and the field of use.

4. The positive conclusion of industry state body on application of this measure.

5. Data on prime manufacturers, groups of producers or consumers, goods customer groups, including, outside the Republic of Kazakhstan, the description and the characteristic, including, quantitative and cost, the market of goods (in the presence of opportunity).

6. Goods production volume, for prior three years (in the presence).

7. Goods sales amount (with indication of unit of measure) in natural and cost expressions, including, for export (with indication of the country) for prior three years (in the presence).

8. Amount of consumption of goods, for prior three years.

9. Information proving damage from import/commodity exportation in the domestic market (in case of import/export restriction).

10. Cost portion of goods (raw materials) in average market value of finished goods (if the offer concerns the goods used for production of other goods).

11. Information on the main consuming countries of the made products.

12. Expense information on delivery to the made products to the main markets for prior three years (in the presence).

13. The financial and economic reasons containing the description of economic effect of application of measure, assessment of possible influence on the company including:

profitability of production of the company of physical person or legal entity in three prior years (in the presence);

profits/losses of the companies in three prior years (in the presence);

number of busy (workers) at the company physical persons or legal entities (industries);

the amount of the taxes transferred into the government budget by the company of physical person or legal entity, including, the value added tax, the corporate income tax for prior three years (in the presence).

Form 2

The list of data provided by state body about application of non-tariff measures

1. Description of goods, including, code of the CN FEA EEU.

2. The description of goods with indication of its properties, characteristics, functional purpose and the field of use.

3. Data on the main consumers or customer groups of goods.

4. The description and the characteristic, including, quantitative and cost, the market of goods (in the presence of opportunity).

5. Goods production volume for prior three years.

6. Production capacities in the Republic of Kazakhstan and the level of their loading.

7. Cost portion of goods (raw materials) in average market value of finished goods (if the offer concerns the goods used for production of other goods).

8. Plans for export/import amount (in natural and value term).

9. Information on the main consuming countries of the made products.

10. Expense information on delivery to the made products to the main markets.

11. Information proving damage from export/commodity importation in the domestic market (production volumes, consumption and other data).

Appendix 3

to Rules of consideration of offers on application, about change or cancellation of the customs and tariff, non-tariff, trade and compensating measures of regulation of foreign trade activity

Form 1

The list of data provided by the applicant or state bodies about application of the compensating measures

1. Information on the applicant (the address, phone, the fax, E-mail, place of registration, surname, name, the head's middle name (in case of its availability);

2. The description of goods (with indication of country of source and code of the commodity nomenclature of foreign economic activity of the Eurasian Economic Union);

3. Data on availability, nature and size of specific subsidy;

4. Information about producers of subsidized goods;

5. Information about national producers of similar goods;

6. Data on scope change of import of subsidized goods to the territory of the Republic of Kazakhstan for 3 (three), preceding date of submission of the address;

7. Data on scope change of export of similar goods from the territory of the Republic of Kazakhstan on the territory of other state members of EEU;

8. Proofs of availability of damage of industry of economy of the Republic of Kazakhstan owing to import of subsidized goods or replacement of similar goods from the market of the subsidizing state member of EEU. Proofs of availability of material damage of industry of economy of the Republic of Kazakhstan or threat of its causing owing to import of subsidized goods, or replacement of similar goods from the market of the subsidizing state member of EEU are based on objective factors which characterize economic situation of industry of economy and can be expressed in quantitative indices (including, production volume of goods and amount of its sales, goods share in the market of state member of EEU, cost of production of goods, the goods price, data on utilization of capacity, labor productivity, the sizes of profit, profitability of production and sales of goods, on the volume of investment into industry of economy of the Republic of Kazakhstan);

9. Data on scope change of import of similar goods (in quantitative and value term) on customs area of EEU for 3 (three), preceding date of submission of the address;

10. Data on scope change of export of similar goods (in quantitative and value term) from customs area of EEU for 3 (three), preceding date of submission of the address;

11. The analysis of other factors which could exert impact on industry of economy of the Republic of Kazakhstan during the analyzed period.

 

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