of May 20, 2010 No. DNTP-2/6804
Now customs authorities of RK in case of determination of customs value use data of statistical data of GTD, and also information which contains in information reference books. As a result the main method of determination of customs value of goods where transaction price is taken as basis, is used by customs authorities less often. At the same time, according to the analysis which is carried out by the international experts, for example EU countries, the USA, Japan, Finland, Romania, Sweden and Norway apply the main method of determination of customs value in 98% of cases, i.e. in case of determination of customs value of goods take transaction price as basis. Time to carry out work on reduction of the customs legislation according to the Agreement on application of article VII of the General Agreement on Tariffs and Trade of 1994, made to Marrakech, on April 15, 1994 came. What will lead to exception of use of data of statistical data of GTD and information reference books.
Customs authorities classify goods by the Commodity Nomenclature of Foreign Economic Activity code often according to the name and do not consider the basic principle of reference of goods on application. The customs urges to change for commodity code where the duty is more. The buyer of goods faces the choice: agree with the requirement of the inspector, insist on classification of goods by the Commodity Nomenclature of Foreign Economic Activity code or agree. Even judgments are ignored by customs. The answer at them one: it is necessary to implement the plan for the income lowered from above.
To us the letter from participants of foreign trade activities that on customs post Korgas customs officers through civilians so-called "cashiers", extort money from carriers and from owners of loads arrived. Do not draw up DKD, threaten with various actions, such as in "voluntary and forced" procedure to make customs clearance of load in DTK across Almaty region if transit cargo. Participants of foreign trade activities it is opened to be afraid to complain of inspectors of customs post Korgas, they see that long-term fight of state bodies against corruption on this post does not make success.
The Kazakhstan Association of Customs Brokers (KACB) made and makes many offers in the Customs Code RK developed now, our offers are accepted by the Working group, but as a result there pass amendments of the Customs Control Committee (CCC) of MF RK. Is not present between participants of foreign trade activities and KTK of equal relations, they write shopping mall under themselves, do not explain why our amendments are rejected.
The Ministry of Finance of the Republic of Kazakhstan, having considered your appeal sent to the Deputy of the Majilis of Parliament of the Republic of Kazakhstan N. Abdirov by the letter of March 15, 2010 No. AB-27, reports the following.
The procedure for determination of customs value of the goods imported on the territory of the Republic of Kazakhstan is regulated by Chapter 39 of the Customs code of the Republic of Kazakhstan.
Classification of goods in case of customs clearance is performed according to the Basic Rules of Interpretation to the Commodity nomenclature of foreign economic activity (further - OPI), the included 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 notes to line items at any level of classification.
Thus, in case of commodity import for classification in goods item, carry step by step from the rule OPI, the first on the sixth.
In the address your association refers to unacceptance in attention of the offers made within legislative activities in the field of customs affairs.
Now, by the Ministry of Finance of the Republic of Kazakhstan (further - MF RK) in pursuance of Items 16, 17 and 18 Plans of bill works of the Government of the Republic of Kazakhstan for 2010 approved by the order of the Government RK of March 2, 2010 No. 162 (further - the Plan) the draft of the Code of the Republic of Kazakhstan "About customs affairs in the Republic of Kazakhstan" (further - the draft of the Code), and also the bills accompanying it - "About enforcement of the Customs code of the Republic of Kazakhstan" and "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning customs regulation and the taxation" is developed.
The above-noted draft of the Code is developed for the purpose of enhancement of the customs legislation, improvement of customs administration, exception of ambiguous interpretation of regulations, and also implementation of rules of international law (Customs Code of the Customs Union), fixing of the provisions on legal relationship which are not settled by the customs legislation of custom union. According to the procedure established by the legislation of the Republic of Kazakhstan, the draft of the Code was sent for approval to the interested state bodies and accredited associations of subjects of private entrepreneurship, and also for receipt of expert opinions and the corresponding examinations (scientific, anti-corruption) sent for consideration in Advisory council.
Also we report that on April 8, 2010 MF RK was held meeting with representatives business of communities on discussion of new edition of the draft of the Code on which 60% of amendments of KATB were accepted and 15% of amendments were fulfilled.
Such amendments as are reflected in the draft of the Code:
- inclusion of the insurance contract as one of methods of ensuring payment of customs duties, taxes;
- reducing terms according to the notification of exception of registers of customs representatives, customs carriers, owners of warehouses of temporary storage, owners of customs warehouses;
- reducing terms on adoption of the provisional solution;
- addition of edition that if on motivated request of person having powers concerning goods on condition of provision of the documents confirming the basis for establishment of delivery location regardless of the data specified in transport (transportation) documents, the customs authority of departure has the right to establish delivery locations regardless of the data specified in transport (transportation) documents.
Concerning the facts of racketing of money from employees of customs post Korgas, specified in the letter we report the following.
These facts are registered in the Book of accounting of statements of the Customs Control Committee of the Ministry of Finance of the Republic of Kazakhstan for No. 33 of May 6, 2010 on territoriality are sent to Department of customs control across Almaty region for conducting further check and adoption of the proceeding decision according to the procedure of Article 185 of Criminally Procedure Code of the Republic of Kazakhstan.
Isp.: Amanshayeva Dinara, 71-76-93
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