of March 12, 2008 No. 244
About approval of Rules of execution of warranty obligations of importers (end users) and checks of their execution
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 execution of warranty obligations of importers (end users) and checks of their execution.
2. Declare invalid the subitem 2) of Item 1 of the order of the Government of the Republic of Kazakhstan of December 14, 1999 No. 1919 "About approval of Rules of implementation of export control in the Republic of Kazakhstan and Rules of execution of obligations on use of the products imported into the Republic of Kazakhstan which are subject to export control and checks of their execution" (SAPP of the Republic of Kazakhstan, 1999, No. 55-56, of the Art. 546).
3. This resolution becomes effective after ten calendar days after the first official publication.
Prime Minister of the Republic of Kazakhstan
K. Masimov
Approved by the Order of the Government of the Republic of Kazakhstan of March 12, 2008 No. 244
1. These rules of execution of warranty obligations of importers (end users) and checks of their execution (further Governed) are developed according to the Law of the Republic of Kazakhstan of July 21, 2007 "About export control".
2. Issue of the warranty obligation (end-user certificate) is performed by the authorized body performing state regulation in the field of export control (further authorized body).
3. The warranty obligation (end-user certificate) is issued to the importer if the legislation of the exporting country provides submission of such document.
4. For receipt of the warranty obligation (end-user certificate) the importer submits the following documents:
1) Statement;
2) the warranty obligation of the importer (end user) according to appendix 1 to these rules;
3) the copy of the document confirming the corresponding transaction with the exporter with provision of the original for identification;
4) the copy of the contract (contract) between the importer and the end user if the intermediary with provision of the original for identification acts as the applicant;
In case of modification or amendment of the contract after receipt of the warranty obligation (end-user certificate), the importer within 5 working days in writing informs on it authorized body.
5. The warranty obligation (end-user certificate) is issued on one transaction irrespective of the quantity and the product range included in the contract.
6. The warranty obligation (end-user certificate) is issued no later than ten working days from the date of receipt in authorized body of the data and documents specified in item 4 of these rules.
The authorized body during the term established by these rules issues the warranty obligation (end-user certificate) or gives the motivated answer about causes of failure in issue of the warranty obligation (end-user certificate).
If the authorized body in the terms established by these rules did not issue to the importer the warranty obligation (end-user certificate) or did not provide motivated refusal in issue of the warranty obligation (end-user certificate), from the date of the expiration of terms of their issue the warranty obligation (end-user certificate) is considered issued.
The authorized body no later than 5 working days from the moment of the expiration of issue of the warranty obligation (end-user certificate) issues to the importer the corresponding warranty obligation (end-user certificate).
7. The warranty obligation (end-user certificate) is issued according to appendix 2 to these rules by authorized body on paper, electronic carriers for provision in authorized body of the exporting country. Information on the issued warranty obligation (end-user certificate) will be drawn up in the state information resources.
7-1. In issue of the warranty obligation (end-user certificate) refuses, in cases if:
1) the importer specified unreliable and (or) incomplete information in the statement and the warranty obligation of the importer (end user).";
2) there are bases, the stipulated in Article 40 Laws of the Republic of Kazakhstan of January 11, 2007 "About informatization".
8. The customs authority sends to authorized body the certificate of delivery confirmation within 10 days from the date of the actual delivery of freight.
9. The importer (end user) bears responsibility for non-execution and/or improper execution of the warranty obligations according to the laws of the Republic of Kazakhstan.
10. Checks at pre-shipment stage and/or end use of products are performed and appointed within the competence by authorized body together with state bodies of the Republic of Kazakhstan of system of export control according to the legislation of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan on the following bases:
1) obtaining in the procedure for the data testimonial of violation by participants of foreign economic activity (applicants) of requirements of the legislation of the Republic of Kazakhstan on export control established by the legislation of the Republic of Kazakhstan;
2) non-compliance with foreign economic activity by participants (applicants) with international treaties of the Republic of Kazakhstan on nonproliferation, delivery systems and other types of arms and military equipment.
11. Checks are performed on the basis the act of appointment, issued by authorized body.
The act of purpose of check shall be registered in the special magazine of registration of acts of checks according to the procedure established by authorized body.
The act of purpose of check without fail is registered in the state body performing statistical activities in the field of legal statistics and special accounting (further - body for legal statistics), according to the procedure, established by the legislation of the Republic of Kazakhstan.
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The document ceased to be valid since December 30, 2015 according to Item 1 of the Order of the Government of the Republic of Kazakhstan of December 25, 2015 No. 1063