I.O'S ORDER. MINISTER OF TRADE AND INTEGRATION OF THE REPUBLIC OF KAZAKHSTAN

of April 2, 2021 No. 249-HK

About modification and amendments in the Order of the acting minister on investments and development of the Republic of Kazakhstan of February 24, 2015 No. 155 "About approval of Rules by determination of the country of goods' origin, issue of the certificate of origin and cancellation of its action"

I ORDER:

1. Bring in the order of the acting minister on investments to development of the Republic of Kazakhstan of February 24, 2015 No. 155 "About approval of Rules by determination of the country of goods' origin, issue of the certificate of origin and cancellation of its action" (it is registered in the Register of state registration of regulatory legal acts at No. 10947, it is published on June 5, 2015 in information system of law of Ad_let) the following changes and amendments:

in the Rules by determination of the country of goods' origin, issue of the certificate of origin and cancellation of its action approved by the specified order:

in Item 3:

3) to exclude the subitem;

14) to state the subitem in the following edition:

"14) the expert-auditor in determination of the country of goods' origin - the physical person certified according to the procedure, determined by authorized body";

18) to state the subitem in the following edition:

"18) authorized organization - the National chamber of entrepreneurs of the Republic of Kazakhstan performing registration, the certificate, issue of the certificate of origin and cancellation of its action";

22) to state the subitem in the following edition:

"22) simple assembly transactions - transactions on assembly of goods from the separate, not made by the applicant nodes and details, including installation, staff-wood, press fitting, pasting, connection by fasteners (bolts, nuts, screws, screws and other hardware), the manual soldering soldering iron which accomplishment does not require use of the special skills intended for accomplishment of such transactions";

add with subitems 23) and 24) of the following content:

"23) internal audit - verification by authorized organization of observance of procedure for determination of the country of goods' origin and (or) the procedure for issue of the certificate of origin for the internal address of the CT-KZ form provided by these rules.";

"24) information system of authorized organization - electronic system of certification by means of which order taking and electronic copies of documents, and also execution of the appraisal certificate about goods origin for the internal address, the certificate of origin and cancellation of its action is performed.";

state Items 7 and 8 in the following edition:

"7. Concerning the goods which are exported from the territory of the Republic of Kazakhstan in the territory of the countries (unions) with which there are existing (ratified) international agreements / agreements containing rules of determination of country of source (criterion of determination of country of source) or there are rules of determination of country of source (criterion of determination of country of source) established unilaterally by the country (union) of import, criteria of determination of the country of goods' origin are determined according to such international agreements / agreements or rules of determination of country of source (criteria of determination of country of source).

In the absence of the existing (ratified) international agreements / agreements or rules of determination of country of source (criteria of determination of country of source) established unilaterally by the country (union) of import, determination of the country of goods' origin is performed according to the criteria of origin established by these rules.

In case of failure to carry out of conditions, the existing (ratified) international agreements / agreements or rules of determination of country of source (criteria of determination of country of source) established unilaterally by the country (union) of import according to the address of the applicant execution of the certificate of origin of the general Original form according to Item 8 of these rules is possible.

8. Criteria of sufficient conversion of the goods exported from the Republic of Kazakhstan for giving of the status of the goods made in the Republic of Kazakhstan to it is the conversion of goods sufficient for giving to goods of its characteristic properties, except for implementation of the transactions specified in Item 9 of these rules.

In case of accomplishment of the criteria of sufficient conversion provided by this Item the certificate of origin of the Original form is drawn up.";

state Items 21 and 22 in the following edition:

"21. In case of re-export of goods within the State Parties of the international agreement / agreement issue of zamenny certificates in case of observance of the conditions provided by the international agreement / agreement is possible.

In case of failure to carry out of the conditions provided by the international agreement / agreement or in case of lack of the international agreement / agreement on the address of the applicant issue of the zamenny certificate of origin of the general Original form is possible.

In case of issue of zamenny certificates change of initial country of source of these goods is not allowed.

In case of issue of zamenny certificates of origin the documents confirming goods origin according to the list approved by the order of the Deputy prime minister of the Republic of Kazakhstan - the Minister of the industry and new technologies of the Republic of Kazakhstan of July 8, 2014 No. 257 are submitted to authorized organization (it is registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan at No. 9665) (further - the List).

22. Issue of the certificate of origin is performed no later than 1 (one) working day following behind day of registration, except for case, provided by part three of Item 24 of these rules when issue is performed no later than 3 (three) working days following behind day of registration based on the request according to appendix of 3 these rules and the provisions of complete document package confirming goods origin according to the List.".

43, of 44, of 45, of 46, of 47, of 48, 49 and 50 to state Items in the following edition:

"43. Examination of goods origin is performed by the expert-auditor in determination of the country of goods' origin within two working days from the moment of representation and registration of the request with complete document package, according to the list specified in Item 45 of these rules on condition of observance of requirements of Item 44 of these rules.

44. Examination of goods origin includes:

1) examination of the documents confirming goods origin, provided according to Item 45 of these rules;

2) check of compliance of the list of workers to declarations on the individual income tax and the social tax for the last quarter (form 200.00) or to the simplified declarations for small business entities for the last half-year (form 910.00).

In case of discrepancy of data the applicant provides the employment contracts which are drawn up according to Chapter 4 of the Labor Code of the Republic of Kazakhstan and actually confirming the list of workers.

In case of implementation from the moment of state registration of activities less than six months by the applicant performing activities in the simplified procedure for the actual confirmation of the list of workers provides documents on payment of obligatory payments from the income of workers for the last three months according to Chapter 38 of the Tax Code of the Republic of Kazakhstan.

Requirements of this subitem do not extend for subjects of big business;

3) identification of goods on external signs, marking (the name, type, packaging, class, manufacturer), implementation of photographing of goods and the place of its production with departure on the location of production;

4) examination of engineering procedure in case of production of goods for the purpose of establishment of criterion of sufficient conversion of goods and determination of value added of goods;

5) calculation of share of local content for formula according to appendix 7 to these rules;

6) check of compliance of the declared goods according to the Commodity Nomenclature of Foreign Economic Activity and KPVED.

45. For conducting examination of goods origin together with the request for conducting examination of goods origin for the internal address the following documents are shown:

1) the documents confirming legal position of the applicant (for legal entities, - the certificate of state registration (re-registration) of the legal entity, the certificate of accounting registration of branch or representation of the legal entity, regulations on branch or representation of the legal entity, for individual entrepreneurs, - the registration document of the individual entrepreneur) are provided 1 (one) time a year;

2) the documents confirming purchase of goods (if the applicant is not producer of the declared goods), - the contract with the producer of goods or for purchase of goods, delivery notes, invoices;

3) permission or the notification according to appendices 1, 2 and 3 Laws of the Republic of Kazakhstan of May 16, 2014 "About permissions and notifications";

4) documents according to subitems 2), 3) 4), 5), 6), 7), 8), 9), 10), 11), 12), 13), 14), 15), 16), 17), 18), 19), 20), 21) and 22) Item 3 of the List, confirmatory that the goods are completely made in the Republic of Kazakhstan (if the goods are completely made in the Republic of Kazakhstan), except for allowing documents for export;

5) documents for determination of criterion of sufficient conversion of goods (for the confirmation of cost of raw materials and (or) components used in production of goods, delivery agreements of raw materials and (or) the invoice and (or) delivery notes, documentation with the description of technological transactions with appendix of the list of regulating technical documents according to which the goods, the list of the equipment for production of the declared goods, documents for the production room, the list of workers, calculation of cost of goods taking into account the cost of the used raw materials or component of foreign origin are made);

In the absence of the documents confirming origin of raw materials or component, these raw materials and (or) component are considered foreign origin;

6) the list of names of the declared products in state language;

7) the warehouse certificate of availability and goods quantity in warehouse with indication of the address of warehouse or the certificate of the planned annual amount of release of goods of serial production;

8) the power of attorney on representation of interests of the applicant;

9) for crop production products: the certificate confirmation of local executive body of the corresponding administrative and territorial unit of the Republic of Kazakhstan of cultivation of the declared lot of products in the specified territory;

10) the declaration on the individual income tax and the social tax for the last quarter (form 200.00), the simplified declaration for small business entities for the last half-year (form 910.00) and (or) employment contracts, documents on payment of obligatory payments from the income of workers for the last three months (in the cases provided by paragraphs second and third the subitem 2) of Item 44 of these rules).

Requirements of this subitem do not extend for subjects of big business.

For the purposes of these rules at the time of survey of production of goods in case of departure to the place of its stay to acquaintance design documentation, or approval like the vehicle is shown, to the chassis (for production of vehicles, the chassis), or technical documentation (for medical products), either compounding, or structure (for production and (or) production of food or chemical products). The requirement of this paragraph does not extend to the documentation constituting the state secrets or relating to protected, according to Chapter 4 of the Law of the Republic of Kazakhstan of May 15, 1999 "About the state secrets" and information of limited access, according to article 5 of the Law of the Republic of Kazakhstan of November 16, 2015 "About information access".

46. When conducting examination of goods origin of serial production delivery notes and invoices on the raw materials and (or) components used in production, and also the warehouse reference and photographing of goods it is not required.

47. In case of need carrying out additional researches and impossibility of identification of goods on external signs, the expert-auditor in determination of the country of goods' origin requests:

1) the documents allowing to identify the raw materials used in case of production, materials, components and (or) documents certifying their origin;

2) the test reports issued by accredited test laboratories (centers) if identification of goods without laboratory researches (measurements) is impossible.

In case of non-presentation of the requested documents, and also in case of insufficiency of data for confirmation of goods origin, the expert-auditor in determination of the country of goods' origin returns documents to the applicant, and examination of determination of the country of goods' origin according to terms of the contract comes to the end.

48. By results of examination the expert organization certifies and issues the appraisal certificate about goods origin for the internal address in form, according to appendix 8 to these rules, that the goods are:

1) completely Kazakhstan origin;

2) the Kazakhstan origin taking into account criterion of sufficient conversion of goods;

3) foreign origin.

In case of representation of incomplete document package, and also in case of insufficiency of data for confirmation of criterion of goods origin, the expert-auditor in determination of the country of goods' origin returns documents to the applicant on completion. In that case, the term of conducting examination of goods origin is prolonged before submission of the relevant documents.

Date of application with modifed documents date of the actual direction of modifed document package and the request to them is considered.

In case of refusal the applicant in submission of the documents and data provided by Chapter 3 of these rules, examination of determination of the country of goods' origin according to terms of the contract, comes to the end.

Appraisal certificate effective period about goods origin for the internal address constitutes twelve months.

49. When conducting examination of goods origin of serial production for the applicants performing serial production of goods within identical goods item of the Commodity Nomenclature of Foreign Economic Activity more than one year, appraisal certificate effective period about goods origin of serial production constitutes twelve months. For confirmation of implementation of serial production of goods more than one year the applicant who was earlier receiving the certificate of origin of the CT-KZ form of serial production for twelve months in addition to the documents specified in Item 45 of these rules provides the documents proving invariance of the supplying country of raw materials (materials), and also costs of raw materials and components (delivery notes, invoices) used during its action.

The applicant who for the first time addressed for receipt of the appraisal certificate about goods origin of serial production on effective period twelve months provides the information on the certificates of origin of the CT-KZ form which are earlier received by it on batch within identical goods item of the Commodity Nomenclature of Foreign Economic Activity more than one year, except for producers of medicines and medical products which provide the registration certificate, and also elevators, escalators, travelators, elevators for few mobile national groups.

For the applicants performing serial production of goods within identical goods item of the Commodity Nomenclature of Foreign Economic Activity more than three years, appraisal certificate effective period about goods origin of serial production constitutes thirty six months. For confirmation of implementation of serial production of goods more than three years the applicant in addition to the documents specified in Item 45 of these rules provides the information on annual receipt of certificates of origin of the CT-KZ form of serial production by it within the last three years or the certificate of origin of the CT-KZ form of serial production issued for thirty six months, except for producers of medicines and medical products which provide the certificate of "CT-KZ" of the serial production issued earlier.

The appraisal certificate about goods origin of serial production for thirty six months is not issued to the applicant who was earlier not receiving the certificate of origin of the CT-KZ form of serial production.

Data according to certificates of origin of the CT-KZ form which are cancelled in case of issue of the appraisal certificate about goods origin of serial production are not considered.

In cases of changes of the production technology of goods, the supplying country of raw materials (materials), and also the cost of raw materials and the components influencing country of source of the declared goods, the applicant within ten working days informs the expert organization on these changes for the purpose of receipt of the new appraisal certificate about goods origin and the certificate of origin for the internal address.

50. The expert-auditor in determination of the country of goods' origin who received the competence certificate according to the allowing requirements to experts-auditors in confirmation of conformity, determination of the country of goods' origin, the status of goods of the Eurasian Economic Union or foreign goods approved by the order of the acting minister on investment and to development of the Republic of Kazakhstan of February 6, 2015 No. 116 (registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan No. 10513) carries out expertize and signs the appraisal certificate about goods origin for the internal address.

The register of experts-auditors in determination of the country of goods' origin and the list of the expert organizations are placed on Internet resource of authorized body.

The choice of the expert organization for receipt of the appraisal certificate about goods origin for the internal address is performed by the applicant independently.";

52, of 53, 54 and 55 to state Items in the following edition:

"52. Before execution of the certificate of origin of the CT-KZ form the authorized person constitutes the conclusion about execution of the certificate of origin in any form. The analysis of the documents submitted by the applicant specified in Item 45 of these rules and the analysis of the appraisal certificate about goods origin for the internal address regarding observance of requirements of these rules is for this purpose carried out.

At the same time the analysis includes:

1) check of compliance of the documents submitted by the applicant to the list specified in Item 45 of these rules;

2) verification of the appraisal certificate regarding determination of the country of goods' origin for the internal address according to Chapter 3 of these rules.

The term of issue of the certificate of origin for the internal address or the written motivated decision on refusal in its issue constitutes no more than 3 (three) working days following behind day of registration of the request in authorized organization. The motivated decision on refusal in issue of the certificate of origin is issued electronically by means of information system of authorized organization.

In case of application for goods items which release is performed for the first time or changes of the list of the capital equipment, and also in case of change of technological transactions, the authorized person performs departure on the location of production of the declared goods for check of production base, processing equipment and identification of goods on external signs, marking (the name, type, packaging, class, manufacturer). In that case the term of issue of the certificate of origin for the internal address or the written motivated decision on refusal in its issue constitutes no more than 4 (four) working days following behind day of registration of the request in authorized organization.

In case of departure on the location of production of the declared goods, the authorized person studies the documents specified in the paragraph the fourteenth Item 45 of these rules.

The certificate of origin of the CT-KZ form is drawn up, makes sure and is issued by authorized organization on goods:

1) subjected to sufficient conversion according to criteria of sufficient conversion of goods and exported from the territory of special economic zones and free warehouses on other part of the territory of the Republic of Kazakhstan;

2) made or subjected to sufficient conversion according to criteria of sufficient conversion of goods in the territory of the Republic of Kazakhstan and implemented in the territory of the Republic of Kazakhstan.

The form of the form of the certificate of origin of the CT-KZ form is approved by the order of the acting minister on investments and development of the Republic of Kazakhstan of January 9, 2015 No. 6 (registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan No. 10235).

53. In case of commodity importation from the territories of special economic zones and free warehouses on other part of the territory of the Republic of Kazakhstan and (or) sales of goods in the territory of the Republic of Kazakhstan the certificate of origin of the CT-KZ form is drawn up on delivery of goods or serial production and issued to the producer or person authorized by it.

On the goods made in the territory of free warehouse and realized by the owner of free warehouse in the territory of the Republic of Kazakhstan during the appraisal certificate effective period about goods origin issued on serial production execution of several certificates of origin of the CT-KZ form is allowed.

The total quantity of goods in the certificates of origin issued based on the appraisal certificate on serial production cannot exceed the annual amount of goods specified in the appraisal certificate.

Integral part of the certificate of the CT-KZ form is the delivery note containing unique article number which is drawn up by the producer on each batch of imported goods and is subject to representation only in case of request of body of state revenues.

54. On goods of serial production the certificate of origin of the CT-KZ form is issued to the applicant who is the producer of goods of serial production on appraisal certificate effective period about goods origin and the goods amount specified in the appraisal certificate about goods origin. In the certificate of origin for the internal address the annual amount of release of goods is specified serial production.

In case of identification of non-compliance with part six of Item 49 of Rules by the applicant of requirements the territorial subdivision of authorized organization makes the decision according to the subitem 7) of Item 62 of these rules.

If after sixty calendar days in twelve months or in twenty four months from the date of issue of the certificate of origin of the CT-KZ form of the serial production issued for thirty six months in territorial subdivision of authorized organization the conclusion and documents provided by this Item did not arrive from the expert organization, action of such certificate of origin is cancelled according to the subitem 8) of Item 62 of these rules.

55. The certificate of origin of the CT-KZ form is drawn up, makes sure and is issued on the basis:

1) requests for receipt of the certificate of origin for the internal address electronically according to appendix 9 to these rules by means of information system of authorized organization in territorial subdivision of authorized organization for the location of production;

2) the appraisal certificate about goods origin for the internal address provided no later than one month from the date of creation, except as specified, of the these rules provided by the paragraph the second Item 53;

3) documents in the form of their electronic copies according to Item 45 of the these rules attached to the request and certified by the digital signature of the applicant.

The certificate of origin of the CT-KZ form is issued electronically by means of information system of authorized organization. According to the address of the applicant issue of the certificate of origin of the CT-KZ form in paper form, certified by seal of authorized organization and the authorized signature is possible.

If the distance from the location of production of the applicant to the relevant territorial subdivision of authorized organization exceeds distance to other territorial subdivision of authorized organization in double size, the applicant is allowed to submit the application and documents attached to it to the nearest territorial subdivision of authorized organization.";

state Item 58 in the following edition:

"58. By means of information system of authorized organization:

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