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ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of April 21, 2021 No. 376

About approval of Rules and terms of the direction or delivery to the checked face of the preparatory act of exit customs inspection, representation by the checked face of written objection to the preparatory act of exit customs inspection and consideration of such objection

According to Item 20 of article 418 of the Code of the Republic of Kazakhstan "About customs regulation in the Republic of Kazakhstan" I ORDER:

1. Approve the enclosed Rules and terms of the direction or delivery to the checked face of the preparatory act of exit customs inspection, representation by the checked face of written objection to the preparatory act of exit customs inspection and consideration of such objection.

2. Recognize to invalid:

1) the order of the Minister of Finance of the Republic of Kazakhstan of January 23, 2018 No. 45 "About approval of Rules and terms of delivery to the checked face of the preparatory act of exit customs inspection, provision of written objection to the preparatory act of exit customs inspection, consideration by body of state revenues of such objection, and also category of the checked faces to which regulations according to the preparatory act of exit customs inspection are applied" (it is registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan at No. 16362);

2) the order of the Minister of Finance of the Republic of Kazakhstan of September 9, 2020 No. 840 "About introduction of amendments to the order of the Minister of Finance of the Republic of Kazakhstan of January 23, 2018 No. 45 "About approval of Rules and terms of delivery to the checked face of the preparatory act of exit customs inspection, provision of written objection to the preparatory act of exit customs inspection, consideration by body of state revenues of such objection, and also categories of the checked faces to which regulations according to the preparatory act of exit customs inspection are applied" (it is registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan at No. 21193).

3. To provide to committee of state revenues of the Ministry of Finance of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

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.

4. To impose control of execution of this order on the supervising vice-Minister of Finance of the Republic of Kazakhstan.

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

Minister of Finance of the Republic of Kazakhstan

E.Zhamaubayev

Approved by the Order of the Minister of Finance of the Republic of Kazakhstan of April 21, 2021 No. 376

Rules and terms of the direction or delivery to the checked face of the preparatory act of exit customs inspection, representation by the checked face of written objection to the preparatory act of exit customs inspection and consideration of such objection

Chapter 1. General provisions

1. These rules and terms of the direction or delivery to the checked face of the preparatory act of exit customs inspection, representation are developed by the checked face of written objection to the preparatory act of exit customs inspection and consideration of such objection (further - Rules) for the purpose of realization of Item 20 of article 418 of the Code of the Republic of Kazakhstan "About customs regulation in the Republic of Kazakhstan" (further - the Code).

These rules determine procedure and terms of the direction or delivery to the checked face of the preparatory act of exit customs inspection, representation of written objection to the preparatory act of exit customs inspection and consideration of such objection.

2. Within these rules are used the following concept:

written objection - written disagreement of the checked face with results of the preparatory act of exit customs inspection.

Chapter 2. Procedure and terms of the direction or delivery to the checked face of the preparatory act of exit customs inspection

3. Before creation of the act of exit customs inspection, stipulated in Item the 19th article 418 of the Code, the official of body of state revenues sends or the preparatory act of exit customs inspection hands to the checked person.

4. The preparatory act of exit customs inspection goes or handed to the checked person under list no later than 5 (five) working days before date of completion of exit customs inspection.

5. In case of impossibility of delivery to the checked face of the preparatory act of exit customs inspection or its return of mail by the operator or the telecom operator on absence reason of the checked face in the location specified in registration data of the checked face, the body of state revenues within 5 (five) working days from the date of return of such documents conducts examination in the location of such person with involvement of 2 (two) witnesses.

By results of inspection the statement of inspection in which are specified is drawn up:

place, date and time of creation;

position, surname, name and middle name (if it is specified in the identity document) the official of body of state revenues;

name of body of state revenues;

surname, name and middle name (if it is specified in the identity document), the name and document number, proving the identity, the residential address of the attracted witnesses;

surname, name and middle name (if it is specified in the identity document) and (or) the name of the checked face, its individual identification number / бизнес-идентификационный number;

information on results of inspection.

As witnesses any full age capable citizens in number of at least two people who are not interested in the result of actions of the official of body of state revenues and the checked face are invited. Participation as the understood officials of state bodies of the Republic of Kazakhstan and workers, founders (participants) of the checked face is not allowed.

In case of establishment as a result of inspection of the actual lack of the checked face in the location specified in registration data, date of delivery of the preparatory act of exit customs inspection is date of creation of the act of inspection.

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