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
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", PRIKAZYVAYU:
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.
Minister of Trade and integration of the Republic of Kazakhstan
B. Sultanov
It is approved Ministry of the industry and infrastructure development of the Republic of Kazakhstan "_____"______________ |
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It is approved Ministry of Finance of the Republic of Kazakhstan "_____"______________ |
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It is approved Ministry of national economy of the Republic of Kazakhstan "_____"______________ |
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Approved by the Order of the Minister of Trade and integration of the Republic of Kazakhstan of August 21, 2019 No. 21
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).
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.
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