JOINT THE RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN AND THE ORDER OF THE DEPUTY PRIME MINISTER - THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of September 29, 2023 No. 78, on October 4, 2023 No. 1054

About approval of Rules of implementation of export-import currency exchange control in the Republic of Kazakhstan

In compliance with Item 7 of article 5 of the Law of the Republic of Kazakhstan "About currency control and currency exchange control", the subitem 2) Item 3 of article 16 of the Law of the Republic of Kazakhstan "About the state statistics" Board of National Bank of the Republic of Kazakhstan of POSTANOVLYAET and the Deputy prime minister – the Minister of Finance of the Republic of Kazakhstan PRIKAZYVAYET:

1. Approve the enclosed Rules of implementation of export-import currency exchange control in the Republic of Kazakhstan (further – Rules).

2. To provide to department of paying balance of National Bank of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) together with Legal department of National Bank of the Republic of Kazakhstan state registration of the presents joint the resolution and the order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of the presents joint the resolution and the order on official Internet resource of National Bank of the Republic of Kazakhstan after their official publication;

3) within ten working days after state registration of the presents joint the resolution and the order submission to Legal department of National Bank of the Republic of Kazakhstan of data on execution of the action provided by the subitem 2) of this Item.

3. Joint the resolution and the order to assign control of execution of the presents to the supervising vice-chairman of National Bank of the Republic of Kazakhstan and the Vice-Minister of Finance of the Republic of Kazakhstan.

4. The presents the joint resolution and the order are subject to official publication and become effective since January 1, 2024.

5. Suspend from January 1, 2025 to January 1, 2026 action:

1) item 4 of Rules, having determined that during suspension this Item is effective in the following edition:

"4. Date of export or commodity import, works, services is:

1) when moving goods through customs border of the Eurasian Economic Union – the date of issue of goods specified in the declaration on goods, confirming the room of goods under the customs procedure considered in customs statistics of foreign trade as export or import, specified in information on movement of goods through customs border of the Eurasian Economic Union under the currency contract on export or import with accounting number in form according to appendix 16 to Rules;

2) when moving goods in customs area of the Eurasian Economic Union:

for import – the acceptance date on accounting of goods specified in the statement for commodity importation;

for export – the invoice date specified in the statement for commodity importation;

3) in the cases which are not specified in subitems 1) and 2) of this Item:

the date specified in the notification on temporary import (export) of goods or acceptance date on raw materials supplied by the customer accounting;

the date specified in the performance report of the obligation about import (export) of products of conversion;

date of issue of goods in the declaration on goods of foreign state, signing (acceptance) of the documents confirming transfer of goods, performance of works, rendering services including without the actual movement through customs border of the Eurasian Economic Union or movement from the territory (on the territory) the Republic of Kazakhstan on the territory (from the territory) other state member of the Eurasian Economic Union;

date of drawing of the invoice, invoice for actually transferred goods, the performed works, the rendered services or date of the statement of the electronic invoice for actually performed works, the rendered services;

start date of obligation fulfillment in accordance with the terms of the currency agreement on export or import which is not providing signing (acceptance) of the documents confirming performance of works, rendering services and drawing of the invoice, invoice for actually performed works the rendered services.";

2) the subitem 2) of Item 5 of Rules, having determined that during suspension this subitem is effective in the following edition:

"2) through customs border of the Eurasian Economic Union of the goods placed under one of the customs procedures considered in customs statistics of foreign trade of the Republic of Kazakhstan as the export or import specified in information on movement of goods through customs border of the Eurasian Economic Union under the currency contract on export or import with accounting number in form according to appendix 16 to Rules.";

3) parts two of Item 24 of Rules, having determined that during suspension this part is effective in the following edition:

"The National Bank within 5 (five) working days after day of receipt of this Item of Rules of request specified in part one sends to new bank of accounting registration information which is available in National Bank:

1) about movement of goods through customs border of the Eurasian Economic Union under the currency contract on export or import with accounting number in form according to appendix 16 to Rules;

2) about obligation fulfillment under the currency contract on export or import with accounting number in form according to appendix 7 to Rules;

3) according to the requested statement for commodity importation and payment of indirect taxes in form according to appendix 18 to Rules.";

4) Items 37, of 38 and 39 Rules, having determined that during suspension these Items are effective in the following edition:

"37. The body of state revenues till 5 (fifth) following for from even sends to National Bank information on movement of goods through customs border of the Eurasian Economic Union under the currency contract on export or import with accounting number in form according to appendix 16 to Rules monthly by accounting number of the currency agreement on export or import.

The National Bank within 1 (one) working day after day of obtaining from body of state revenues of information specified in part one of this Item of Rules sends it to authorized banks, the being banks of accounting registration, and to territorial branches of National Bank which are banks of accounting registration.

38. The authorized bank which is bank of accounting registration or the territorial branch of National Bank which is bank of accounting registration based on the copy of the application for commodity importation and the payment of indirect taxes received from the exporter or the importer sends to National Bank by means of information system electronic inquiry for receipt of information on the statement for commodity importation and payment of indirect taxes (further – electronic request) by form according to appendix 17 to Rules.

The National Bank by means of information system redirects to body of state revenues received from the authorized bank which is bank of accounting registration, or territorial branch of the National Bank which is bank of accounting registration, electronic request, except for the data according to accounting number of the currency agreement.

The body of state revenues within 1 (one) working day after receipt of electronic request represents to National Bank by means of information system information on the requested statement for commodity importation and payment of indirect taxes on form according to appendix 18 to Rules.

The National Bank by means of information system transfers to the authorized bank which is bank of accounting registration or the territorial branch of National Bank which is bank of accounting registration, initiating electronic request, information on the requested statement for commodity importation and payment of indirect taxes on form obtained from body of state revenues according to appendix 18 to Rules in day of receipt of such information.

The body of state revenues by means of information system directs information on change of data on information on the statement for commodity importation and payment of indirect taxes on form which is earlier directed by body of state revenues according to appendix 19 to Rules, information on the requested statement for commodity importation and payment of indirect taxes on form according to appendix 18 to Rules on which changes and amendments are made:

in case of response in connection with replacement on new, in case of representation with reflection of difference between the changed and previous cost in case of increase in the price of the imported goods – within 1 (one) working day after day of receipt of information on reception of an application about commodity importation by tax authorities of the Eurasian Economic Union;

in case of response in connection with removal – within 1 (one) working day after day of change of the status of the statement for commodity importation.

The National Bank redirects to the authorized bank which is bank of accounting registration or the territorial branch of National Bank which is bank of accounting registration, information on changes and (or) amendments on statements for commodity importation within 1 (one) working day after its obtaining from body of state revenues.

39. The authorized officer of territorial subdivision of body of state revenues in case of execution of the declaration on goods under the currency agreement on export or import on which assignment of accounting number according to Rules is required verifies the accounting number of the currency agreement on export or import declared by the exporter or the importer in the declaration on goods with obtained according to Item 34 Governed information on the currency agreement on export or import with accounting number.

In case of discrepancy with the actual information the exporter or the importer makes the corresponding corrections to the declaration on goods according to the procedure, established by the customs legislation of the Republic of Kazakhstan.";

5) parts one of Item 47 of Rules, having determined that during suspension this part is effective in the following edition:

"47. In case of factual determination of absence and (or) availability of discrepancies in data from declarations on goods, statements for commodity importation in information systems of body of state revenues and National Bank, the territorial subdivision of body of state revenues during the term established in Item 46 of Rules informs body of state revenues on need of the direction in National Bank of reliable data.";

6) Item 51 of Rules, having determined that during suspension this Item is effective in the following edition:

"51. The body of state revenues till 20 (twentieth) (inclusive) the month following reporting sends to National Bank information on results of currency exchange control on form according to appendix 13 to Rules monthly by loading in information system of National Bank on export-import currency exchange control with observance of procedures of information security.";

7) parts two of Item 53 of Rules, having determined that during suspension this part is effective in the following edition:

"The body of state revenues within 3 (three) working days after day of reference of the currency contract on export or import for separate accounting sends to National Bank the relevant information under the currency contract on export or import with accounting number in form according to appendix 5 to Rules by loading in information system of National Bank on export-import currency exchange control with observance of procedures of information security.";

8) parts one, the second, third and fourth Item 56 of Rules, having determined that during suspension these parts are effective in the following edition:

"56. The territorial subdivision of body of state revenues in the case provided by the subitem 1) of Item 55 of Rules within 15 (fifteen) working days finishes the procedures connected with finding of the currency agreement on export or import on separate accounting and sends to National Bank information on the currency agreement on export or import with accounting number in form according to appendix 5 to Rules by loading in information system of National Bank on export-import currency exchange control with observance of procedures of information security.

The territorial subdivision of body of state revenues in the case provided by the subitem 2) of Item 55 of Rules within 3 (three) working days from the moment of receipt of information of bank of accounting registration or based on information on movement of money which is available in body of state revenues, movement of goods, performance of works, rendering services strikes the currency agreement on export or import off the separate register and sends to National Bank information on the currency agreement on export or import with accounting number in form according to appendix 5 to Rules by loading in information system of National Bank on export-import currency exchange control with observance of procedures of information security.

The territorial subdivision of body of state revenues in the case provided by the subitem 3) of Item 55 of Rules within 15 (fifteen) working days finishes the procedures connected with finding of the currency agreement on export or import on separate accounting and sends to National Bank information on the currency agreement on export or import with accounting number in form according to appendix 5 to Rules by loading in information system of National Bank on export-import currency exchange control with observance of procedures of information security.

The territorial subdivision of body of state revenues in the case provided by the subitem 4) of Item 55 of Rules within 3 (three) working days after day of obtaining from National Bank of information on renewal of control procedures of accomplishment of the requirement of repatriation on the currency contract on export or import with accounting number, strikes the currency agreement on export or import off the separate register and sends to National Bank information on the currency agreement on export or import with accounting number in form according to appendix 5 to Rules by loading in information system of National Bank on export-import currency exchange control with observance of procedures of information security.

Chairman of National Bank of the Republic of Kazakhstan

T. M. Suleymenov

The deputy prime minister is the Minister of Finance of the Republic of Kazakhstan

E.K.Zhamaubayev

Are approved Bureau of national statistics of the Agency on strategic planning and reforms of the Republic of Kazakhstan

Appendix

to the joint resolution and the order Deputy Premieres - the Minister - the Minister of Finance of the Republic of Kazakhstan of October 4, 2023 No. 1054 and the Chairman of National Bank of Kazakhstan of September 29, 2023 No. 78

Rules of implementation of export-import currency exchange control in the Republic of Kazakhstan

Chapter 1. General provisions

1. These rules of implementation of export-import currency exchange control in the Republic of Kazakhstan (further – Rules) are developed according to Item 7 of article 5 of the Law of the Republic of Kazakhstan "About currency control and currency exchange control" (further – the Law on currency control and currency exchange control), the subitem 2) of Item 3 of article 16 of the Law of the Republic of Kazakhstan "About the state statistics" and determine procedure of export-import currency exchange control in the Republic of Kazakhstan.

Export-import currency exchange control – package of measures, performed for the purpose of control of accomplishment by exporters or importers of the requirement of repatriation of foreign and (or) national currency for export or import (further – the requirement of repatriation):

1) bodies of currency exchange control:

Committee of state revenues of the Ministry of Finance of the Republic of Kazakhstan, including its territorial subdivisions (further – body of state revenues);

within competence other state bodies (their territorial subdivisions), including National Bank of the Republic of Kazakhstan (its territorial branches);

2) authorized banks, including their branches, as agents of currency exchange control.

Rules include:

procedure for obtaining by the exporter or importer of accounting number under the currency agreement on export or import, conditions and criteria, including threshold value of the amount of the currency agreement on export or import in the presence of which the currency agreement on export or import is subject to control of accomplishment of the requirement of repatriation;

procedure for transition of the exporter or importer to servicing under the currency agreement on export or import from one authorized bank (its branch) to other authorized bank (its branch);

procedure for removal of the currency agreement on export or import from accounting registration;

features of control of observance by the exporter or the importer of the requirement of repatriation for the currency agreement on export or import in case of the termination of business relations by authorized bank with the client;

procedure for monitoring of movement of money and other obligation fulfillment under the currency agreement on export or import and information transfers and (or) documents under the currency agreement on export or import;

procedure for control of accomplishment of the requirement of repatriation for the currency agreement on export or import;

procedure for conducting separate accounting of the currency agreement on export or import in territorial subdivision of body of state revenues;

procedure for renewal of control procedures of accomplishment of the requirement of repatriation for the currency agreement on export or import;

special cases.

2. The concepts applied in Rules are used in the values specified in the Law of the Republic of Kazakhstan "About the electronic document and the digital signature" and the Law on currency control and currency exchange control.

For the purposes of Rules also following concepts are used:

1) front card of bank control – information of authorized bank (its branch) or territorial branch of National Bank of the Republic of Kazakhstan (further – National Bank) about availability of sign of violation by the exporter or importer of the requirement of repatriation, circulation period behind assignment to the currency agreement on export or import of accounting number, the term of provision of information and (or) documents confirming emergence of the circumstances influencing terms and conditions of obligation fulfillment by the parties on the currency agreement on export or import;

2) accounting number – the identification number assigned to the currency agreement on export or import and intended for control of the requirement of repatriation, ensuring accounting and the reporting under currency transactions;

3) accounting registration – assignment to the currency agreement on export or import of accounting number, conducting control of the requirement of repatriation, accounting and submission of reports on obligation fulfillment within such agreement;

4) bank of accounting registration – authorized bank (its branch) or the territorial branch of National Bank performing accounting registration of the currency agreement on export or import;

5) repatriation term – period of time during which the exporter or the importer provides accomplishment of the requirement of repatriation according to Item 2 of article 9 of the Law on currency control and currency exchange control.

The specified period of time (repatriation term) is calculated as period of time between:

date of export and receipt date of currency in export payment;

payment date and (or) money transfer on import and date of return of unused advance payment on import in case of non-execution and (or) incomplete obligation fulfillment by the nonresident;

payment date and (or) money transfer on import and date of import in case of absence in the currency agreement on import of terms of return of unused advance payment.

The term of repatriation is calculated the exporter or the importer independently, proceeding from conditions of execution by the parties of the currency agreement of obligations on export or import. The procedure of payments of term of repatriation is provided in appendix 1 to Rules;

6) the magazine of registration – the magazine which is kept by bank of accounting registration for registration of the currency agreement on export or import to which accounting number is assigned;

7) the exporter or the importer – the resident of the Republic of Kazakhstan (the legal entity, its branch, and also the individual entrepreneur) who signed the currency contract on export or import with the nonresident, or accepted right to claim against the nonresident as a result of concession of the requirement or accepted debt to the nonresident as a result of the translation of debt under such agreement.

3. Documents of currency exchange control are information and (or) documents under the currency agreement submitted by the exporter or the importer, authorized bank (its branch), National Bank (its territorial branch), body of state revenues (its territorial subdivision) or other bodies of currency exchange control, arriving on paper or electronic method in case of control of accomplishment of the requirement of repatriation, including acts of the performed works, acts of the rendered services, invoices, invoices for actually transferred goods, the performed works, the rendered services, declarations on goods, statements for commodity importation and payment of indirect taxes having confirmation about payment of indirect taxes or exemption of the value added tax and (or) excises (further – the statement for commodity importation), notifications on confirmation of the fact of payment of indirect taxes (release or other payment procedure), the statement about movement of money on the account opened in foreign bank, acts of reconciliations in accordance with the terms of the currency agreement on export or import.

5. Movement of goods through border of the Republic of Kazakhstan for export or import is movement:

1) goods from the territory (on the territory) the Republic of Kazakhstan on the territory (from the territory) other state member of the Eurasian Economic Union;

6. Provision by National Bank (its territorial branch), body of state revenues (its territorial subdivision), authorized bank (its branch) of information provided by Rules is performed by electronic method by means of use of transport system of the guaranteed delivery of information with the cryptographic remedies providing confidentiality and authenticity of transmitted data and (or) by means of use of information systems with observance of procedures of confirmation by the digital signature.

Provision by National Bank (its branch) of information provided by Rules, way of unloading from information system of National Bank on export-import currency exchange control with observance of procedures of information security is allowed.

Provision by body of state revenues of information provided by Rules by means of use of information system of National Bank by loading in information system of National Bank on export-import currency exchange control with observance of procedures of information security is allowed.

Provision by authorized bank (its branch) of information is allowed on paper in case of impossibility of provision of information by electronic method for technical reasons. In that case information which is earlier provided on paper is subject to the direction by electronic method within 3 (three) working days from the date of elimination of the technical reasons.

The body of state revenues ensures confidentiality and safety of information obtained according to Rules.

7. Transfer by the exporter or importer of information and (or) the documents provided by Rules is performed on paper and (or) electronic method by means of use of information systems with observance of procedures of confirmation by the digital signature or other elements of protective actions according to Item 5 of article 56 of the Law of the Republic of Kazakhstan "About payments and payment systems".

The information and (or) documents provided by Rules provided by the exporter or the importer otherwise in subsequent go according to part one of this Item of Rules. In case of representation by the exporter or importer of information and (or) documents different methods date of submission of information earlier of dates is considered.

8. The documents of currency exchange control represented by the exporter or the importer on paper (their copies) upon the demand of authorized bank (its branch), territorial branch of National Bank, territorial subdivision of body of state revenues are certified by seal (except for subjects of private entrepreneurship) and the signature of the exporter or importer.

Documents of currency exchange control in foreign language (their copy) upon the demand of authorized bank (its branch), territorial branch of National Bank, territorial subdivision of body of state revenues are represented with appendix of the translation on Kazakh or Russian, certified by seal (except for subjects of private entrepreneurship) and the signature of the exporter or importer.

The documents represented by the exporter or the importer proceeding from the organizations of foreign state are taken cognizance in the presence of consular legalization if other is not stipulated by the legislation the Republic of Kazakhstan or the international treaty which participants are the Republic of Kazakhstan and the state from which organizations documents proceed.

The exporter or the importer represents copies of documents of currency exchange control with ensuring legibility of the text of such documents.

9. If the term established by Rules expires in non-working day, then the working day following it is considered end date of term of submission of information and (or) documents.

Date of submission of information and (or) paper documents the date of receipt of information and (or) documents by the addressee or date of its departure on postage stamp is considered.

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