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

of July 13, 2021 No. 454-HK

About approval of Rules by determination of the country of goods' origin, the status of goods of the Eurasian Economic Union or foreign goods, issue of the certificate of origin and cancellation of its action, establishment of forms of the certificate by determination of the country of goods' origin

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

1. Approve enclosed:

1) Governed by determination of the country of goods' origin, the status of goods of the Eurasian Economic Union or foreign goods, issue of the certificate of origin and cancellation of its action (further - Rules) according to appendix 1 to this order;

2) form of the form of the certificate of origin of the Original form according to appendix 2 to this order;

3) form of the form of the certificate of origin of the CT-KZ form according to appendix 3 to this order.

2. Recognize invalid some orders according to the list according to appendix 4 to this order.

3. To provide to committee of technical regulation and metrology of the Ministry of Trade and integration 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 Trade and integration of the Republic of Kazakhstan.

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

5. This order becomes effective after ten calendar days after day of its first official publication, except for Items 55, of 66, of 68 and 76 Rules which become effective since September 1, 2021.

 

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

Appendix 1

to the Order of the Minister of Trade and integration of the Republic of Kazakhstan of July 13, 2021 No. 454-HK

Rules by determination of the country of goods' origin, the status of goods of the Eurasian Economic Union or foreign goods, issue of the certificate of origin and cancellation of its action

Chapter 1. General provisions

1. These rules by determination of the country of goods' origin, the status of goods of the Eurasian Economic Union or foreign goods, issue of the certificate of origin and cancellation of its action (further - Rules) are developed according to subitems 7-2), 7-3) of article 7 of the Law of the Republic of Kazakhstan "On regulation of trading activity" (further - the Law) and determine procedure for determination of the country of goods' origin, the status of goods of the Eurasian Economic Union or foreign goods, issue of the certificate of origin and cancellation of its action.

2. These rules extend on:

1) authorized body in the field of regulation of trading activity (further - authorized body);

2) authorized organization on issue of the certificate of origin;

3) expert organizations for determination of the country of goods' origin, status of goods of the Eurasian Economic Union or foreign goods;

4) experts-auditors in determination of the country of goods' origin, status of goods of the Eurasian Economic Union or foreign goods;

5) physical persons or legal entities, their branches and representations interested in receipt of the certificate of origin.

3. In these rules the following concepts are applied:

1) the certificate of origin of batch production - the certificate of origin, made by one producer of the Republic of Kazakhstan (the legal entity or the individual entrepreneur) within invariable production process during effective period of the certificate which is exported in the territory of the countries of state members of the Eurasian Economic Union (further - EEU) according to requirements of the Decision of Eurasian intergovernmental council No. 2 "About modification of the Decision of Eurasian intergovernmental council No. 5 and about application of the certificate of origin of batch production", the EEU having 10-unit code according to the single Commodity nomenclature of foreign economic activity;

2) the Single commodity nomenclature of foreign economic activity of the Eurasian Economic Union (further - the Commodity Nomenclature of Foreign Economic Activity) - commodity description and coding system which is used for classification of goods for the purpose of application of measures of customs and tariff regulation, export customs duties, prohibitions and restrictions, measures of protection of the domestic market, maintaining customs statistics;

3) criteria of sufficient conversion of goods - one of criteria of determination of the country of goods' origin according to which the goods if two countries or more participate in its production, are considered the events from that country in the territory of which it was subjected to the last essential processing / conversion sufficient for giving to goods of its characteristic properties;

4) the certificate of origin - the document testimonial of the country of goods' origin, the status of goods of the Eurasian Economic Union or foreign goods;

5) the country of goods' origin - the country in which the goods were completely made or subjected to sufficient processing / conversion;

6) goods - any, not withdrawn from circulation work product, held for sale or exchange;

7) experts-auditors in determination of the country of goods' origin, the status of goods of the Eurasian Economic Union or foreign goods (further – the expert-auditor) – the physical persons certified according to the procedure, determined by authorized body according to subitem 15-4) of article 7 of the Law;

8) the price on conditions "ex-works" - the goods price which is subject to payment to the manufacturer at whose company the last conversion was made on conditions "ex-works" except for of any internal taxes which are paid or will be paid when exporting manufactured goods;

9) ad valorem share - percentage cost portion of the used materials or the value added reaching the fixed percentage share in the price "ex-works" of the delivered goods;

10) export - export of products from the territory of the Republic of Kazakhstan.

Chapter 2. Procedure by determination of the country of goods' origin, the status of goods of the Eurasian Economic Union or foreign goods

Paragraph 1. Procedure for determination of goods origin, exported, re-exported from the Republic of Kazakhstan

4. For the determination of the country of goods' origin exported, re-exported from the Republic of Kazakhstan it is determined that goods:

1) completely Kazakhstan origin;

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

3) foreign origin.

5. As the goods which are completely made in the Republic of Kazakhstan are considered:

1) natural resources (minerals and mineral products, water, land resources, resources of atmospheric air) got from subsoil of the Republic of Kazakhstan in its territory or in its territorial sea (other reservoir of the country) or from its bottom, or from atmospheric air in the territory of the Republic of Kazakhstan;

2) the products of plant origin which are grown up or collected in the Republic of Kazakhstan;

3) the live animals who were born and (or) grown up in the Republic of Kazakhstan;

4) products received in the Republic of Kazakhstan from the animals who are grown up in it;

5) products received as a result of hunting and fishing trade in the Republic of Kazakhstan;

6) products of sea fishing trade and other products of sea trade received by the vessel of the Republic of Kazakhstan or leased (affreighted) by it;

7) products received onboard the overworking vessel of the Republic of Kazakhstan only from products specified in the subitem 6) of this Item;

8) products received from seabed or from sea subsoil outside territorial waters (sea) of the Republic of Kazakhstan provided that the Republic of Kazakhstan has exclusive rights on development of this seabed or this sea subsoil;

9) the waste and scrap (secondary raw materials) received as a result of production or other operations on conversion, and which were in the use of product, collected in the Republic of Kazakhstan and suitable only for conversion in raw materials;

10) products of high technologies received in outer space in the space courts belonging to the Republic of Kazakhstan or leased (affreighted) by it;

11) the goods made in the Republic of Kazakhstan only of products specified in subitems 1), 2), 3), 4), 5), 6), 7), 8), 9), 10) of this Item;

12) electric, thermal and other types of energy made in the territory of the Republic of Kazakhstan.

6. If two and more countries participate in production of goods, the country in which the last transactions on conversion of goods answering to criteria of sufficient conversion of goods were performed is considered the country of goods' origin.

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 criteria of origin, stipulated in Item 8 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, on the address of the applicant, being the legal entity registered according to the legislation of the Republic of Kazakhstan, their branch and representation or physical person registered as the individual entrepreneur (further - the applicant), the certificate of origin of the general Original form according to Item 8 of these rules is drawn up.

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.

9. The conditions which are not answering to criteria of sufficient conversion of goods for giving to it of the status made in the Republic of Kazakhstan are:

1) transactions on ensuring safety of goods during their storage or transportation;

2) transactions on preparation of goods for sale and transportation (crushing of batch, forming of sendings, sorting, repacking);

3) sink, cleaning, removal of dust, covering oxide, oil and other substances;

4) ironing or pressing of textiles (any kinds of fibers and yarn, woven materials from any kinds of fibers and yarn and product from them);

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