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The document ceased to be valid since July 12, 2014 according to Item 3 of the Order of the Government of the Republic of Kazakhstan of July 16, 2014 No. 793 

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of October 22, 2009 No. 1647

About approval of Rules by determination of the country of goods' origin, creation and issue of the appraisal certificate about goods origin and to registration, the certificate and issue of the certificate of origin

(as amended on 11-04-2014)

According to the subitem 11) of article 6 of the Law of the Republic of Kazakhstan of November 9, 2004 "About technical regulation", Item 6 of article 18-1 of the Law of the Republic of Kazakhstan of May 3, 2005 "About Chambers of Commerce and Industry" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules by determination of the country of goods' origin, creation and issue of the appraisal certificate about goods origin and to registration, the certificate and issue of the certificate of origin.

2. This resolution becomes effective from the date of 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 October 22, 2009 No. 1647

Rules by determination of the country of goods' origin, creation and issue of the appraisal certificate about goods origin and to registration, the certificate and issue of the certificate of origin

Chapter 1. General provisions

1. These rules by determination of the country of goods' origin, creation and issue of the appraisal certificate about goods origin and to registration, the certificate and issue of the certificate of origin (further - Rules) are developed according to the Law of the Republic of Kazakhstan of November 9, 2004 "About technical regulation" and the Law of the Republic of Kazakhstan of May 3, 2005 "About Chambers of Commerce and Industry" and establish procedure by determination of the country of goods' origin, creation and issue of the appraisal certificate about goods origin and to registration, the certificate and issue of the certificate of origin made or subjected to sufficient conversion of goods according to criteria of sufficient conversion of goods in the territory of the Republic of Kazakhstan.

2. These rules extend on:

1) authorized body in the field of technical regulation and ensuring unity of measurements;

2)

3) territorial Chambers of Commerce and Industry;

4) expert organizations for determination of the country of goods' origin;

5) experts-auditors in determination of the country of goods' origin;

6) the physical persons or legal entities interested in receipt of the certificate of origin.

3. In these rules the following concepts are applied:

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;

issue of the certificate of origin - issue to the applicant of the drawn-up and certified certificate of origin under list in the magazine of registration of the issued certificates of origin;

share of local content in goods - percentage of cost of the used local materials and costs of the producer of the goods for conversion of goods performed in the territory of the Republic of Kazakhstan in the final cost of goods;

the applicant - the physical person or legal entity interested in receipt of the certificate of origin;

products qualifier by types economic products deyatelnostiklassifikator establishing procedure for classification and coding of products by types of economic activity;

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

execution of the certificate of origin - filling of the form of the certificate of origin;

re-export - export from the country of the goods imported from abroad without their conversion;

the certificate of origin - the document certifying the country of goods' origin and issued according to the legislation of this state or state of export if in the state of export the certificate is issued on the basis of the data received from the country of goods' origin;

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

territorial Chamber of Commerce and Industry - the non-profit organization performing registration, the certificate and issue of the certificate of origin exported or re-exported from the Republic of Kazakhstan;

goods - the property realized in the territory of the Republic of Kazakhstan or moved through border of the Republic of Kazakhstan, including electric, thermal and other types of energy, and also vehicles, except for the vehicles used for implementation of international carriages of passengers and goods;

the commodity nomenclature external economic the deyatelnostiklassifikator of goods including commodity groups, line items, subline items, subsubline items in the form of digital sign or group of digital signs (codes). Integral part of the commodity nomenclature of foreign economic activity are explanations to line items at any level of classification, and also the basic rules of interpretation of the commodity nomenclature of foreign economic activity;

goods of serial production - goods which release repeats job lots for an appreciable length of time, characterized by simultaneous production at the company of rather wide nomenclature of homogeneous products;

the certificate of the certificate of origin - assurance by the signature of person, representative to certify the certificate of origin, and seal of body (organization), authorized to issue the certificate of origin;

authorized body in the field of technical regulation and ensuring unity of measurements - the state body performing state regulation in the field of technical regulation and ensuring unity of measurements;

authorized body (organization) on issue of the certificate of origin for the internal address - territorial Chambers of Commerce and Industry;

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

the expert organization - the legal entity having in staff of the expert-auditor in determination of the country of goods' origin, who is carrying out works on conducting examination of goods origin;

the expert-auditor in determination of country of source the tovaraspetsialist certified according to the procedure, established by authorized body in the field of technical regulation and ensuring unity of measurements;

export - export from the country of the domestic or earlier imported from abroad and undergone to conversion goods for their foreign sale;

goods of serial production - goods which release repeats job lots for an appreciable length of time.

Unique article number - article number which is applied on each commodity unit and is invariable, acting during the term of the service/validity determined for this type of goods, having structure according to industry standard.

Chapter 2. Determination of the country of goods' origin and registration, the certificate and issue of the certificate of origin on the goods exported, re-exported from the Republic of Kazakhstan

§ 1. Determination of the country of goods' origin

4. For determination of the country of goods' origin it shall be 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) the minerals extracted from country subsoil in its territorial waters (seas) or on its continental shelf;

2) the products of plant origin which are grown up or collected in this country;

3) the live animals who were born and (or) grown up in this country;

4) products received in this country from the animals who are grown up in it;

5) products received as a result of hunting and fishing trade in this country;

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

7) products received onboard the overworking vessel of this country only from products specified in the subitem 6) of this Article;

8) products received from seabed or from sea subsoil outside territorial waters (sea) of this country provided that this country 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 also which were in the use of product, collected in this country and suitable only for conversion in raw materials;

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

11) the goods made in this country only of products specified in subitems 1), 2), 3), 4), 5), 6), 7), 8), 9), 10) of this Article.

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. Criteria of sufficient conversion of goods for giving of the status made in the Republic of Kazakhstan to it are:

1) the change of commodity code according to the Commodity nomenclature of foreign economic activity at the level of any of the first four signs which resulted from conversion of goods;

2) accomplishment of the production or technological operations sufficient in order that the country where these transactions took place was considered as the country of goods' origin;

3) goods change in value when the percentage cost portion reaches the fixed share in the price of end products (the rule of ad valorem share).

8. The main criterion of sufficient conversion of goods is the change of commodity code according to the commodity nomenclature of foreign economic activity at the level of any of the first four signs which resulted from conversion of goods, except for the goods included in the list of the conditions, production and technological operations necessary for giving to goods of the status of origin in case of use in production of goods of the third countries.

The rule of ad valorem share as independently, and in combination with other criteria of sufficient conversion of goods is included in this list as one of conditions.

The cumulative principle according to which the goods origin as a result of consecutive conversion of goods in the State Parties of the Agreement is determined by the country of production of final goods can be applied to assessment of criterion of sufficient conversion of goods.

If in production of final goods in one of gosudarstvuchastnik of the Agreement on provision of preferences it is used the raw materials and materials coming from other State Parties of the Agreement, confirmed with the certificate of origin, and subjected to step-by-step subsequent conversion of goods in other State Parties of the Agreement, then the country where it was last time subjected to conversion is considered country of source of such goods.

In the absence of the certificate of origin of raw materials or materials determination of country of source of final goods is established by Item 7 of these rules.

For determination of the country of goods' origin, made and exported from the Republic of Kazakhstan to countries of the Commonwealth of Independent States and the European community, and also the USA, Canada, Japan, Turkey, Australia, New Zealand, Switzerland and Liechtenstein, Norway within the General preferential system, and to the countries for which confirmation of goods origin is performed by the certificate of the Original form the list of conditions, production and technological operations is provided in the Agreement on Rules of the determination of the country of goods' origin in the Commonwealth of Independent States approved by the order of the Government of the Republic of Kazakhstan of December 30, 2010 for No. 1478 and in Regulations of the European Economic Community No. 2454/93.

The goods origin, the countries of the Commonwealth of Independent States made and exported from the Republic of Kazakhstan to the countries with which free-trade agreements are signed, except for, is determined on the basis of the specified international treaties which became effective for the Republic of Kazakhstan.

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);

5) transactions on painting or polish;

6) peeling, partial or complete bleaching, grinding and polish grain and rice;

7) transactions on coloring of sugar or forming of lump sugar;

8) removal of peel, extraction of seeds and cutting of fruit, vegetables and nuts;

9) sharpening, simple grinding or simple cutting;

10) sifting through sieve or sieve, sorting, classification, selection, matching (including creation of sets of products);

11) flood, packing in banks, bottles, sacks, boxes, boxes and other simple transactions on packaging;

12) simple assembly transactions or disassembly of goods in parts;

13) separation of goods into components which does not result in essential difference of the received components from initial goods;

14) mixing of goods (components) which does not result in essential difference of the received products from initial components;

15) slaughter of the cattle, cutting (sorting) of meat;

16) combination of two or bigger numbers of the transactions stated above.

10. If the rule of ad valorem share is applied, calculation of ad valorem share in production of goods is made:

1) for the imported goods - on customs value of these goods in case of their import to the country where production of end products is performed or if the origin of the imported goods is unknown, - at documentary confirmed price of their first sale of territories of the country where production of end products is performed;

2) for end products - at the price of the plant (warehouse) of the seller which is not including loading expenses, customs declaring and commodity exportation from the country of export (the price on conditions "ex-works").

11. In case of determination of country of source the goods in the sorted or not collected type delivered by several batches if on working or transportation terms their shipment by one batch is impossible, and also in cases if the batch is broken into several batches as a result of mistake or incorrect addressing, are considered at the request of the customs applicant as single goods.

Provisions of this Item are applied in case of observance of the following conditions:

1) the prior notice of customs authority of the country of import of breakdown of the sorted or not collected goods to several batches with indication of the reasons of such breakdown, appendix of the detailed specification, each batch with indication of commodity codes according to the Commodity nomenclature of foreign economic activity, the cost and the country of goods' origin entering each batch, and also the notification on breakdown of goods on several batches as a result of mistake or incorrect addressing - in case of documentary confirmation of inaccuracy of breakdown of goods;

2) delivery of all batches from one country by one exporter (supplier); import and registration of all batches through the same customs;

3) delivery of all batches in time, not exceeding six months from acceptance date of the customs declaration.

12. For determination of the country of goods' origin origin of the heat and electrical energy used for their production, machines, the equipment and tools are not considered.

Devices, accessories, spare parts and tools, held for use with machines, the equipment, devices or vehicles, are considered coming from the same country, as the machine, the equipment, devices or vehicles if these devices, accessories, spare parts and tools are imported and on sale complete with the above-stated machines, the equipment, devices or vehicles and in the quantity which is usually delivered with these devices.

13. The works connected with examination by determination of the country of goods' origin are carried out on contractual basis based on the request and the document package provided by the applicant according to the list specified in Item 16 of these rules.

14. Examination of goods origin is performed by the expert-auditor in determination of the country of goods' origin within two working days from the moment of provision and the registration of the request with complete document package confirming goods origin.

15. Examination of goods origin includes:

1) examination of the documents confirming goods origin according to the list approved by authorized body in the field of technical regulation and ensuring unity of measurements;

2) identification of goods on external signs, on marking (the name, type, type, packaging, class, manufacturer), if necessary with departure on the location of goods;

3) examination of engineering procedure of production of goods for the purpose of establishment of criterion of sufficient conversion of goods and determination of value added of goods.

16. According to appendix 2 to these rules on conducting examination of goods origin, and also in case of re-export of goods together with the request the documents confirming goods origin according to the list approved by authorized body in the field of technical regulation and ensuring unity of measurements are shown.

By repeated deliveries of goods within one contract it is allowed to issue the appraisal certificate on contractual batch in case of the first shipment for a period of one year, including on goods of serial production.

In the appraisal certificate the contractual batch or annual amount of release of goods is specified the first sent batch.

In case of change of the production technology and components in these goods, and also the countries - the supplier of the materials Applicant within five working days informs the expert organization for determination of the country of goods' origin on these changes for the purpose of receipt of the new appraisal certificate about origin and the certificate of origin.

17. In case of need the expert organization requests carrying out additional researches:

1) originals and copies of permissions, licenses, the documents certifying origin of raw materials, the materials completing;

2) the test report issued by accredited test laboratories (centers) if identification of goods without laboratory researches and researches is impossible.

Originals of documents return to the applicant within one working day after their identification with copies.

18. By results of examination the expert organization issues the appraisal certificate about goods origin according to appendix 3 to these rules which is drawn up by the expert-auditor in determination of the country of goods' origin that the goods are:

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

2) foreign origin.

19. Carries out expertize and the expert-auditor in determination of the country of goods' origin who received the competence certificate and entered in the register of experts-auditors in determination of the country of goods' origin signs the expert opinion.

20. The applicant independently performs the choice of the expert organization. The register of experts-auditors in determination of the country of goods' origin and the list of the expert organizations are posted on the website of authorized body in the field of technical regulation and ensuring unity of measurements.

21. In case of re-export of goods the documents to territorial Chamber of Commerce and Industry confirming commodity importation to the Republic of Kazakhstan (the copy of the certificate of origin, the customs declaration and shipping documents) are in addition provided.

§ 2. Registration, certificate and issue of the certificate of origin

22. Before execution of the certificate of origin the authorized person of territorial Chamber of Commerce and Industry constitutes the conclusion about execution of the certificate of origin. The analysis of the documents submitted by the applicant confirming goods origin, and the analysis of the appraisal certificate about goods origin regarding its proper registration is for this purpose carried out.

23. Registration, the certificate and issue of the certificate of origin is performed in the following forms:

1) the certificate of the ST-1 form - on the goods exported from the Republic of Kazakhstan to countries of the Commonwealth of Independent States;

1-1) certificates of the ST-2 form - the goods exported from the Republic of Kazakhstan to the countries with which are made and are affected by free-trade agreements, except for countries of the Commonwealth of Independent States;

2) the certificate of form "A" - on the goods exported to member countries of the European community, and also the USA, Canada, Japan, Turkey, Australia, New Zealand, Switzerland and Liechtenstein, Norway within the General preferential system;

3) the certificate of the Original form - in English or Russian (the applicant determines) on the goods which are taken out to the countries which are not specified in subitems 1), 1-1) and 2) of this Item;

The Chamber of Commerce and Industry performs production of forms of the certificate of origin according to the blank forms approved by authorized body in the field of technical regulation and ensuring unity of measurements.

24. The certificate of origin is drawn up, makes sure and is issued within one working day based on the statement according to appendix 4 to these rules and the documents specified in Item 2 of article 18-1 of the Law of the Republic of Kazakhstan "About Chambers of Commerce and Industry".

The certificate of origin on the goods which are completely made in the Republic of Kazakhstan, stipulated in Item 5 these rules is issued based on the documents specified in subitems 1) and 3) of Item 2 of article 18-1 of the Law of the Republic of Kazakhstan "About Chambers of Commerce and Industry".

25. In case of commodity exportation from the territory of the Republic of Kazakhstan the certificate of origin is drawn up on each at the same time sent batch which is performed by one or several vehicles to the same consignee from the same consignor.

26. The certificate of origin is drawn up in triplicate. The original and one copy of the certificate are issued to the applicant, and the second copy is stored in the territorial Chamber of Commerce and Industry which issued the certificate of origin.

27. The certificate of origin is drawn up, makes sure and is issued by territorial Chamber of Commerce and Industry.

By repeated deliveries of goods within one contract it is allowed to issue certificates of origin on each at the same time sent batch under the copy of the appraisal certificate which original was drawn up on all contractual batch or on goods of serial production and is shown by the exporter in case of the first shipment.

In the request for receipt of the certificate of origin the Applicant with own hand confirms that the sent batch did not undergo to changes in the production technology and in components, and also the supplying country of materials of these goods.

28. Effective period of the certificate of origin constitutes:

1) twelve months from the date of its issue for the ST-1 form;

2) twelve months from the date of its issue for the Original form;

3) ten months from the date of its issue for form "A".

29. The certificate of origin is considered invalid if in it there are erasures, blots, not certified corrections, there are no necessary signatures and (or) seals.

In case of change of the data containing in the certificate of origin, the new certificate is issued only after return by the applicant of earlier issued certificate which is cancelled and hemmed as reasons in case of issue of the new certificate of origin, and also in the presence of the necessary documents confirming these changes.

30. The drawn-up certificates are issued to the applicant under list in the magazine of registration of the issued certificates of origin.

31. Transfer of certificates of origin to other persons is not allowed.

32. Copies of certificates of origin and documents based on which they were issued are stored in territorial Chamber of Commerce and Industry at least three years from the date of issue of the certificate of origin.

33. In case of re-export of goods within the State Parties of the Agreement issue of zamenny certificates in the presence of the copy of the certificate of the ST-1 form of the country of goods' origin is possible.

In case of re-export of goods within the State Parties of the Agreement made in their territories and delivered on customs areas of the State Parties of the Agreement before entry into force of the Rules of determination of the country of goods' origin of September 24, 1993 approved by the decision of Council of Heads of Government of the Commonwealth of Independent States issue of the certificate of origin of the ST-1 form is possible. Issue of the certificate is possible on condition of provision of supporting documents about the manufacturer of goods (the name, with indication of the republic of the Union of Soviet Socialist Republics and the postal address) and years of production of goods.

Chapter 3. Determination of the country of goods' origin and registration, the certificate and issue of the certificate of origin for the internal address

§ 1. Determination of the country of goods' origin for the internal address

34. For determination of the country of goods' origin it shall be determined that goods:

1) completely Kazakhstan origin;

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

35. Determination of the goods which are considered completely made in the Republic of Kazakhstan is made according to Item 5 of these rules.

36. Criteria of sufficient conversion of goods of the Kazakhstan origin for the internal address are:

1) the criterion established in the subitem 1) of Item 7 of these rules;

2) accomplishment of the conditions, production and technological operations necessary for giving to goods of the status of origin in case of use in production of goods of the third countries specified in appendix 9 to these rules;

3) goods change in value when the share of local content in the price of goods constitutes at least 30 percent from the cost of ready goods on the terms of the price "ex-works".

37. The main criterion of sufficient conversion of goods is the change of commodity code according to the commodity nomenclature of foreign economic activity at the level of any of the first four signs which resulted from conversion of goods, except for the goods included in the list of the conditions, production and technological operations necessary for giving to goods of the status of origin in case of use in production of goods of the third countries.

The rule of ad valorem share as independently, and in combination with other criteria of sufficient conversion of goods is included in this list as one of conditions.

Appendix 9 to the specified Rules establishes the list of the conditions, production and technological operations necessary for giving to goods of the status of origin, concerning specific goods, for determination of the country of goods' origin, made in the territory of the special economic zones and free warehouses of the Republic of Kazakhstan intended for the further address in Kazakhstan, and also made or subjected to sufficient conversion according to criteria of sufficient conversion of goods in the territory of the Republic of Kazakhstan and realized in the territory of the Republic of Kazakhstan.

In case of discrepancy to the criteria of sufficient conversion of goods specified in subitems 1), 2) of Item 36 of these rules the criterion of sufficient conversion of goods specified in the subitem 3) of Item 36 of these rules is applied.

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