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The document ceased to be valid since  January 13, 2017 according to Item 1 of the Order of the Government of the Republic of Kazakhstan of December 29, 2016 No. 901

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of February 11, 2008 No. 130

About approval of Rules of issue of permission to transit of products

(as amended of the Order of the Government of the Republic of Kazakhstan of 26.02.2014 No. 155)

For the purpose of implementation of the Law of the Republic of Kazakhstan of July 21, 2007 "About export control" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of issue of permission to transit of products.

2. Declare invalid the order of the Government of the Republic of Kazakhstan of July 14, 2006 No. 674 "About approval of Rules of transit of products which are subject to export control" (SAPP of the Republic of Kazakhstan, 2006, No. 26, the Art. 276).

3. This resolution becomes effective since February 9, 2008 and is subject to official publication.

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of February 11, 2008 No. 130

Rules of issue of permission to transit of products

1. General provisions

1. These rules of issue of permission to transit of products (further - Rules) are developed according to the Law of the Republic of Kazakhstan of July 21, 2007 "About export control" and determine approval procedure on transit of products.

2. Issue of permission to transit of products which are subject to export control (further - products), is performed by the authorized body performing state regulation in the field of export control (further - authorized body) according to appendix 1 to these rules.

3. The requirements established by these rules extend on all legal entities and physical person of the Republic of Kazakhstan, foreign legal entities and physical persons connected with transit of products (further - the applicant).

2. Procedure for filing of application and documents necessary for receipt of permission

4. For receipt of permission the applicant submits the following documents:

1) the statement of the established sample according to appendix 2 to these rules.

2) the certificate * or the certificate of state registration of the applicant as the legal entity - for the legal entity, the copy of the certificate on state registration of the applicant as the individual entrepreneur - for the individual entrepreneur;

note: * the certificate on the state (accounting) registration (re-registration) of the legal entity (branch, representation) issued before enforcement of the Law of the Republic of Kazakhstan of December 24, 2012 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning state registration of legal entities and accounting registration of branches and representations" is valid before the termination of activities of the legal entity.

3) the document issued by authorized body concerning export control of the country of the exporter on availability of the export permit of products;

4) the document confirming the right to implementation of activities according to the legislation of the state of the applicant connected with transit of products;

5) the delivery contract of products with appendix of the nomenclature and amount of products (in physical and value term) with indication of codes according to the commodity nomenclature of foreign economic activity (further - the Commodity Nomenclature of Foreign Economic Activity) and to the control list approved by the Government of the Republic of Kazakhstan;

6) the insurance contract of civil responsibility or the insurance policy according to the legislation of the Republic of Kazakhstan;

7) the document confirming guarantee from the applicant of expense recovery, the real conditions of transportation connected with conducting check and also with probable temporary storage, the return transportation, examination and other necessary actions of executive bodies in case of identification of violation of the existing regulations of the Republic of Kazakhstan, including conditions of action of permission of competent authorities of the Republic of Kazakhstan on nuclear and radiation safety, and also the expenses connected with need of reduction of the revealed variations in compliance with requirements of the legislation and/or return of load to the state of export;

8) the document confirming providing with the applicant of implementation of physical protection of products moved with transit and the document confirming the right to implementation of security activities of the legal entities or physical persons performing physical protection;

9) the document confirming the consent of the consignor of products to accept these loads back if transfer of load to the consignee will be impossible owing to circumstances;

10) the document confirming approval of traffic routes, border check-points of entrance and departure, mode of transport of authorized body in the field of transport and communications of the Republic of Kazakhstan when implementing of the declared transit transportation.

The documents specified in subitems 2) 3), 4), 5), 6), 7), 8) and 9) are represented with the official translation on state language of the Republic of Kazakhstan or Russian, and also in notarially attested copies, except for subitems 7) and 9).

5. If the state body of foreign state acts as the applicant:

1) submission of the documents specified in subitems 2), 4), 6) and 7) of item 4 of these rules is not required;

2) in the absence of the contract specified in the subitem 5) of item 4 of these rules other documents proving need of delivery of products, stipulated by the legislation countries of destination and/or the countries of the sender are submitted.

6. The documents specified in items 4 and 5 these rules are represented with observance of the requirement about consular legalization or putting down of apostille according to the legislation of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.

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