RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of February 24, 2012 No. 42

About approval of Rules of implementation of export-import currency exchange control in the Republic of Kazakhstan and receipts of accounting contract numbers by residents on export and import

According to the Laws of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan" and of January 6, 2012 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning currency control and currency exchange control" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of implementation of export-import currency exchange control in the Republic of Kazakhstan and receipts of accounting contract numbers by residents on export and import.

2. Recognize invalid resolutions of Board of National Bank of the Republic of Kazakhstan according to appendix to this resolution.

3. This resolution becomes effective since July 1, 2012 and is subject to official publication.

It is approved Ministry of Finance of the Republic of Kazakhstan Minister __________ 2012

B. Zhamishev

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of February 24, 2012 No. 42

Rules of implementation of export-import currency exchange control in the Republic of Kazakhstan and receipts of accounting contract numbers by residents on export and import

1. General provisions

1. Rules of implementation of export-import currency exchange control in the Republic of Kazakhstan and receipts of accounting contract numbers by residents on export and import (further - Rules) are developed according to the Law of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan" and the Law of the Republic of Kazakhstan of June 13, 2005 "About currency control and currency exchange control" (further - the Law) and determine procedure of export-import currency exchange control, and also condition of receipt of accounting contract numbers by residents on export and import (including threshold value concerning the contract value in case of which excess receipt of accounting contract number is required).

Export-import currency exchange control is package of measures, performed by authorized banks, National Bank of the Republic of Kazakhstan (further - National Bank) and other state bodies within their competence for the purpose of ensuring accomplishment by residents of the requirement of repatriation of foreign and national currency (further - the requirement of repatriation).

The procedure of export-import currency exchange control includes the main and supplementary procedures (special cases) of control of execution of the requirement of repatriation and condition of their completion, exchange of information under contracts for the purposes of control of execution of the requirement of repatriation, and also transitional provisions.

2. The concepts applied in these rules are used in the values specified in the Law.

For the purposes of these rules also following terms and concepts are used:

1) the contract - the currency agreement providing export or commodity import (works, services);

2) the reconciliation statement under the contract - the statement which is drawn up by bank of accounting registration of the contract and territorial subdivision of body of state revenues by results of reconciliation of movement of goods under the contract;

3) the magazine of registration of contracts - the magazine which is kept by bank of accounting registration of the contract for registration of contracts to which accounting contract numbers are assigned;

4) accounting registration of the contract - assignment to the contract of accounting contract number with the corresponding mark in the original or the copy of the contract, and also accounting and provision of the reporting under obligation fulfillment within the contract;

5) bank of accounting registration of the contract - authorized bank (its branch), the territorial branch of National Bank (further - branch of National Bank) performing accounting registration of the contract for the purpose of control of execution of the requirement of repatriation within the contract;

6) accounting contract number - the registration number intended for ensuring accounting and the reporting under currency transactions, appropriated by bank of accounting registration of the contract, or passport number of the transaction which is drawn up under the contract before enforcement of these rules;

7) the license - the license granted by National Bank till December 31, 2006 on provision by the resident of commercial credit to the nonresident;

8) the transaction certificate - the document processed under the contract for the purposes of control of execution of the requirement of repatriation before enforcement of these rules;

9) body of state revenues - the state body of the Republic of Kazakhstan which within the competence is performing ensuring receipts of taxes, customs payments and other obligatory payments in the budget, realization of customs affairs in the Republic of Kazakhstan, powers according to the prevention, identification, suppression, disclosure and investigation of the crimes and offenses carried by the laws of the Republic of Kazakhstan to maintaining this body, and also which is carrying out other powers, stipulated by the legislation the Republic of Kazakhstan;

10) repatriation term - period of time between date of export and receipt date of currency in payment of export or between 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, or between payment date and (or) money transfer on import and date of import, in case of absence in the contract of terms of return of unused advance payment;

11) 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 contract or to which passed right to claim against the nonresident under the contract.

2. Main control procedures of execution of the requirement of repatriation

3. Authorized banks, and also branches of National Bank exercise control of execution of the requirement of repatriation under contracts for the amount over fifty thousand US dollars in equivalent, except as specified, specified in subitems of 1)-5) and 7) of Item 29 of these rules.

If the contract is expressed in the currency other than US dollar, and in the contract there is no specifying on the exchange rate in relation to US dollar, for determination of equivalent of contract value in US dollars recalculation is performed with use of the market rate of currency exchange for date of the conclusion of the contract.

If the contract is expressed in the currency other than US dollar, the sum of unexecuted obligations of the nonresident is calculated in contract currency with subsequent its recalculation in US dollars with use of the market rate of currency exchange on the last date of the expiration of repatriation for the contract. Recalculation in US dollars of the amount of unexecuted obligations of resident for the purposes of removal of the contract from accounting registration is performed with use of the market rate of currency exchange for date of removal of the contract from accounting registration.

If the contract is expressed in the currency other than obligation fulfillment currency, and contract parties do not determine rate of conversion of currency of obligation fulfillment in contract currency recalculation of the amounts of the fulfilled obligations of contract currency is performed with use of the market rate of currency exchange for completion date of obligations.

4. The term of repatriation is specified under the contracts requiring receipt of accounting contract number - in the statement receipt of accounting contract number on appendix form 1 to these rules, and under the contracts which are not requiring receipt of accounting number - in the statement of any form. For the contracts which are not requiring receipt of accounting number in case of lack of the statement of the exporter or the importer with indication of repatriation term, this term is accepted to equal 180 calendar days.

The term of repatriation is calculated the exporter or the importer, proceeding from conditions of obligation fulfillment by contract parties according to the procedure, provided in appendix 2 to these rules, and it is specified as the number of complete years and days.

5. The term of repatriation changes by specifying in the statement of any form of new term of repatriation in the following cases:

1) if the term of repatriation which is earlier specified by the exporter or the importer does not correspond to terms of the contract and (or) is calculated without regulations of these rules;

2) availability of the following documents by which approach of the circumstances influencing terms and conditions of obligation fulfillment by contract parties is confirmed:

changes and (or) amendments in the contract;

decisions of judicial or other state body, arbitration;

the document of authorized body of the foreign state testimonial of the fact that the nonresident is at stage of liquidation or undergoes insolvency proceeding;

3) emergence of the force majeure circumstances influencing change of terms and conditions of obligation fulfillment by contract parties.

In case of force majeure circumstances, absence in the decision of judicial or other state body, arbitration of completion dates of obligations by the nonresident under the contract or absence in the document of authorized body of foreign state of dates of termination of process of liquidation of the nonresident or recognition of the nonresident by the bankrupt the term of repatriation is prolonged for term no more than three years.

6. For the purposes of control of execution of the requirement of repatriation date of export or commodity import (works, services) is considered:

1) when moving goods through customs border of the Eurasian Economic Union (further - the 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;

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

for import - the acceptance date on accounting of goods specified in the statement for the commodity importation and payment of indirect taxes (further - the statement for commodity importation) having confirmation about payment of indirect taxes or tax exemption on value added (further - the VAT) and (or) excises;

for export - the invoice date specified in the statement for the commodity importation having confirmation about payment of indirect taxes or releases from the VAT and (or) excises;

3) in other cases:

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 mutual trade as export or import (when execution of the declaration on goods is provided);

signature date (acceptances) of the documents confirming transfer of goods, performance of works (rendering services);

date of drawing of the invoice, invoice for actually transferred goods, the performed works (the rendered services);

start date of obligation fulfillment in accordance with the terms of the contract 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).

7. For the purposes of these rules documents of currency exchange control are the documents arriving in paper or electronic type in authorized bank or branch of National Bank in case of control of execution of the requirement of repatriation. Treat such documents:

1) the statement on receipt of accounting contract number in the form established by appendix 1 to these rules or any form under the contracts which are not requiring receipt of accounting contract number;

2) the contract (the original or its copy) with mark on assignment of accounting number for the contracts which are subject to accounting registration;

3) documents, confirmatory:

change of terms and conditions of obligation fulfillment or contract parties;

obligation fulfillment under the contract (including the documents confirming performance of works (rendering services) or movement of goods in customs area of the Union for export or import);

compliance of the bank account of the exporter or importer in foreign bank to the accounts specified in the subitem 4) of Item 2 of article 12 of the Law;

4) statements about movement of money according to bank accounts in foreign banks, the payment and other documents confirming and identifying payments and (or) transfers from bank accounts in foreign banks;

5) license, registration certificate, certificate on the notification, transaction certificate;

6) the reconciliation statement under the contract;

7) information on the movement of goods on contracts with accounting contract number directed according to the procedure, provided by Items 49, 49-1, 49-2 and 53 of these rules;

8) information of territorial subdivision of body of state revenues on declaration availability on goods in information system of body of state revenues of the Republic of Kazakhstan.

The copies of documents of currency exchange control provided by the exporter or the importer upon the demand of authorized bank or branch of National Bank are certified by seal (in case of its availability) and (or) the authorized signature of the exporter or importer. In case of electronic document management the electronic copies of documents provided by the exporter or the importer are certified by the digital signature of the exporter or importer.

Copies of documents of currency exchange control in foreign language upon the demand of authorized bank or branch of National Bank are represented with appendix of the translation into the state or Russian languages certified by seal (in case of its availability) and (or) the authorized signature of the exporter or importer.

The documents provided by exporters or importers proceeding from the organizations and 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 the organizations and (or) organizations of which documents proceed.

8. The documents confirming movement of goods in customs area of the Union for export or import are:

1) in case of movement of goods in customs area of the Union - the statement for commodity importation adopted by tax authorities of the Union and having confirmation about payment of indirect taxes or releases from the taxation of the VAT and (or) excises;

2) in other cases:

the declaration on goods confirming the room of goods under the customs procedure considered in customs statistics of mutual trade as export or import;

the act confirming transfer of goods and (or) performance of works (rendering services) in any form;

invoices, invoices for actually transferred goods, the performed works (the rendered services).

9. For the purposes of these rules as movement of goods through border of the Republic of Kazakhstan for export or import it is understood:

the movement of goods from the territory (on the territory) the Republic of Kazakhstan on the territory (from the territory) other state member of the Union considered in statistics of mutual trade as export or import;

movement through customs border of the Union of the goods placed under one of the customs procedures considered in customs statistics of foreign trade as export or import.

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