ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of September 28, 2020 No. 927

About approval of Rules of marking and traceability of tobacco products means of identification

According to subitem 5-3) of article 5 of the Law of the Republic of Kazakhstan "About state regulation of production and turnover of tobacco products" and the subitem 2) article 7-2 of the Law of the Republic of Kazakhstan "On regulation of trading activity" PRIKAZYVAYU:

1. Approve the enclosed Rules of marking and traceability of tobacco products by means of identification.

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) placement of this order on Internet resource of the Ministry of Finance of the Republic of Kazakhstan;

3) 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) and 2) of this Item.

3. This order becomes effective since October 1, 2020 by code of the commodity nomenclature of foreign economic activity of the Eurasian Economic Union – 2402209000, since April 1, 2021 by codes of the commodity nomenclature of foreign economic activity of the Eurasian Economic Union – 2403999009, 2402201000, 2402900000, 2402100000, 2403110000, 2403191000 and 3824999209.

Appendix

to the Order of the Minister of Finance of the Republic of Kazakhstan of September 28, 2020 No. 927

Rules of marking and traceability of tobacco products means of identification

Chapter 1. General provisions

1. These rules of marking and traceability of tobacco products are developed by means of identification (further – Rules) according to subitem 5-3) of article 5 of the Law of the Republic of Kazakhstan "About state regulation of production and turnover of tobacco products" and the subitem 2) of article 7-2 of the Law of the Republic of Kazakhstan "On regulation of trading activity" and determine procedure for marking of tobacco products means of identification and their further traceability in the territory of the Republic of Kazakhstan, and also procedure execution of notifications on import and acceptance reports (transfer).

2. For the purposes of these rules the following reducings and determinations are used:

1) aggregation - process of consolidation of consumer packagings of tobacco products (further - consumer packaging) in group packaging of tobacco products (further - group packaging) and (or) shipping package of tobacco products (further - shipping package) or group packagings in shipping package with preserving information on interrelation of codes of identification of each enclosed consumer packaging with code of identification of the created group and (or) shipping package, and also about interrelation of codes of identification of each enclosed group packaging with code of identification of the created shipping package and drawing appropriate means of identification on group packaging or identification code on shipping package, for the purpose of ensuring traceability of movement of tobacco products on goods distribution chain without the need for opening of the created group and (or) shipping package;

2) hardware and software system (further - PAK) - set of the software and the technical means jointly applied to the solution of tasks of certain type;

3) cash register - the electronic device with the block of fiscal memory without data transmission function, the hardware and software with (without) function(s) of fixing and (or) data transmission, the electronic device with function of fixing and (or) data transmission, the providing registration and display of information on the cash calculations perfromed in case of sales of goods, performance of works, rendering services;

4) the protocol of data transmission - the formalized set of requirements to structure of packets of information and to algorithm of exchange of information packets between devices of data transmission network;

5) EEU - Eurasian Economic Union;

6) code of the CN FEA EEU - code of the commodity nomenclature of foreign economic activity of EEU;

7) private office – the special information service of information system of marking and traceability of goods (further – IS MPT) placed on the Internet (further – Internet network), provided by the Operator to the participant of turnover or the state body exercising control of production and turnover of tobacco products;

8) IIN or BIN - individual identification number or business and identification number;

9) the importer – the participant of turnover of tobacco products performing import of tobacco products to customs area of the Eurasian Economic Union according to the customs legislation of EEU and (or) the customs legislation of the Republic of Kazakhstan, and also import of tobacco products to the territory of the Republic of Kazakhstan from the territory of other state member of EEU;

10) code of identification of shipping package - the combination of symbols, unique for each separate shipping package of tobacco products, created according to the requirements provided by Chapter 6 of these rules;

11) the acceptance report (transfers) – the electronic document created for the purposes of transfer of data on turnover of goods in IS MPT by scanning, manual input or loading of the file of data on identification codes in the Private office of IS MPT and/or by means of transfer of such data with use of the interface of electronic interaction;

12) application code - the prefix representing set of 2 (two) or more signs located at the beginning of element line and which is unambiguously determining appointment and format of the data field following prefix;

13) producer - physical person or legal entity which makes tobacco products for sale;

14) the marked tobacco products – tobacco products on which means of identification with observance of requirements of these rules and the data about which (including data on the means of identification applied on them) contain in IS MPT are applied;

15) marking code – the set of code of identification of goods and code of check created by the Operator for the purposes of identification of goods (consumer and group packaging of tobacco products) according to the requirements provided by Chapter 6 of these rules;

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