ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of November 23, 2012 No. 1479

About determination of authorized organization for conducting examination of gemstones, including the rough natural diamonds and jewelry from precious metals and gemstones, and approval of Rules of import to the territory of the Republic of Kazakhstan from the countries which are not entering into the Customs union and export from the territory of the Republic of Kazakhstan to these countries of gemstones, jewelry from precious metals and gemstones, import to the territory of the Republic of Kazakhstan and export from the territory of the Republic of Kazakhstan of the rough natural diamonds taking into account the scheme of certification of the Kimberley process, and also branding of products from precious metals and gemstones

For the purpose of implementation of the Presidential decree of the Republic of Kazakhstan of July 21, 2011 "About measures for accomplishment of the Decision of Interstate Council (the supreme body of custom union) of Eurasian economic community "On Single Non-tariff Regulation of Custom Union of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation" of November 27, 2009 No. 19" the Government of the Republic of Kazakhstan DECIDES: No. 120

1. Determine authorized organization for conducting examination of gemstones, including the rough natural diamonds and jewelry from precious metals and gemstones, "National Center of Examination and Certification" joint-stock company.

2. Approve enclosed:

1) Rules of import to the territory of the Republic of Kazakhstan from the countries which are not entering into the Customs union and export from the territory of the Republic of Kazakhstan to these countries of gemstones, jewelry from precious metals and gemstones;

2) Rules of import to the territory of the Republic of Kazakhstan and export from the territory of the Republic of Kazakhstan of the rough natural diamonds taking into account the scheme of certification of the Kimberley process;

3) Rules of branding of products from precious metals and gemstones.

3. To the Customs Control Committee of the Ministry of Finance of the Republic of Kazakhstan to determine places of customs declaring and customs clearance of gemstones, jewelry from precious metals and gemstones, and also the rough natural diamonds.

4. This resolution becomes effective from the date of the first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of November 23, 2012 No. 1479

Rules of import to the territory of the Republic of Kazakhstan from the countries which are not entering into the Customs union and export from the territory of the Republic of Kazakhstan to these countries of gemstones, jewelry from precious metals and gemstones

1. General provisions

1. These rules of import to the territory of the Republic of Kazakhstan from the countries which are not entering into the Customs union and export from the territory of the Republic of Kazakhstan to these countries of gemstones, jewelry from precious metals and gemstones (further - Rules) are developed according to Regulations on procedure for import to customs area of the Customs union within EurAsEC and export from customs area of the Customs union within EurAsEC of the precious metals, gemstones and primary goods containing precious metals (further - the Provision), the approved Decision of Interstate Council of EurAsEC (the supreme body of custom union) "On single non-tariff regulation of custom union of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation" of November 27, 2009 No. 19.

2. Requirements of these rules do not extend to the control in case of transfer pricing exercised according to the legislation of the Republic of Kazakhstan on transfer pricing.

3. The basic concepts used in these rules:

1) gemstones - natural diamonds, emeralds, rubies, sapphires and alexandrite, and also natural pearls in the crude (natural) and processed type according to appendices 1 and 2 to Rules. Unique amber educations are equated to gemstones;

2) jewelry from precious metals and gemstones - the products made of precious metals and their alloys with use of different types of art processing, inserts from precious, ornamental, color stones and other materials of natural or artificial origin or without them according to appendix 2 to Rules;

3) natural diamonds - diamonds in partially processed type which can be used for production of diamonds (the FEACN CU code 7102 31 000 0), diamonds in partially or completely processed type, suitable for use in the industrial or scientific purposes, and also the diamonds recuperated from the single-crystal and multichip diamond tool, crumb and powders (the FEACN CU codes 7102 10 000 0, 7102 21 000 0, 7102 29 000 0, 7105 10 000 0);

4) diamonds - the processed natural diamonds of different form of facet having the polished sides intended for subsequent use (the FEACN CU code 7102 39 000 0);

5) special accounting - maintaining the register of legal entities by authorized body (except for National Bank of the Republic of Kazakhstan) and the individual entrepreneurs performing the transactions with gemstones, jewelry from precious metals and gemstones which are not assuming collection of collection for their entering into the register. The procedure for conducting special accounting is determined by authorized body;

6) the state control of gemstones - the control exercised by authorized body, including control of quality of sorting and assessment of gemstones in case of their production, control of correctness of determination of classification signs of the gemstones determined in the course of examination (identification), accounting of transactions with the raw gemstones in the domestic market, check of origin;

7) the state control of jewelry from precious metals and gemstones - the control exercised by authorized body, including control of the prices of jewelry from precious metals and gemstones, establishment of legality of transactions with jewelry from precious metals and gemstones;

8) the state controller - the representative of authorized body exercising the state control of gemstones, jewelry from precious metals and gemstones on the specialized or determined by authorized body in the field of customs affairs of the Republic of Kazakhstan customs posts and performing maintaining the register of the issued acts of the state control through the "elektronnoye pravitelstvo" web portal www.egov.kz;

9) the applicant when importing - the legal entities and physical persons registered as subjects of business activity, having the right to implementation of transactions with gemstones, jewelry from precious metals and gemstones according to the national legal system of state members of the Customs union and staying on the special registry of authorized body;

10) the applicant when exporting - the legal entities and physical persons registered as subjects of business activity, the individual entrepreneurs who legally are owning gemstones, jewelry from precious metals and gemstones, or under commission agreements and agency agreements with owners of gemstones, jewelry from precious metals and gemstones, having the right to implementation of transactions with gemstones, jewelry from precious metals and gemstones and staying on the special registry of authorized body;

11) authorized body - Committee of technical regulation and metrology of the Ministry of the industry and new technologies of the Republic of Kazakhstan;

12) authorized organization - the organization determined by the Government of the Republic of Kazakhstan for conducting examination (identification) of gemstones, jewelry from precious metals and gemstones;

13) examination (identification) of gemstones, jewelry from precious metals and gemstones - determination of high-quality and color, quantity and cost characteristics of gemstones by authorized organization, jewelry from precious metals and gemstones (further - examination).

2. Procedure for import to the territory of the Republic of Kazakhstan of gemstones, jewelry from precious metals and gemstones

4. When importing to the territory of the Republic of Kazakhstan from the countries which are not entering into the Customs union (further - import), gemstones, jewelry from precious metals and gemstones (further - goods) before making of the customs transactions connected with customs declaring and customs clearance of goods, the applicant undergoes the procedure of the state control, except for commodity importation for making of transactions on conversion, according to the declared customs procedure, the these rules specified in Item 13.

5. In the course of the state control the applicant passes the examination (identification) of goods in authorized organization.

When passing examination submission of additional documents, except provided by subitems 1) - 4) Item 8 of Rules is not required.

6. For conducting examination (identification) of goods the authorized organization selects tests of the declared goods for researches.

7. Expertize (identification) of imported goods is carried out within three working days. Following the results of examination (identification) the expert opinion in triplicate is constituted. The first and second copies are handed to the applicant. The first copy intends for representation to the state controller. The third copy remains in authorized organization.

8. For passing of the state control the applicant submits to the state controller the following documents:

1) the letter request with indication of details of the organization and the list of the enclosed documents necessary for implementation of the state control;

2) the copy of the contract (the agreement, the agreement) in Russian if the contract (the agreement, the agreement) in Russian is absent, to the copy of the contract (the agreement, the agreement) the translation fastened and certified by the applicant is applied (with indication of position and date, the sign and seal of the applicant);

3) the specification on goods in which the complete assortment in quantitative and value term is specified;

4) the power of attorney of the organization proving the identity of the responsible representative and granting him the right to submission of documents and goods;

5) expert opinion of authorized organization.

9. The state controller checks reliability of the data containing in the documents specified in Item 8 of Rules, registration of special accounting after check draws up the act of the state control in form, according to appendix 6 to the Provision for gemstones, and in form, according to appendix 9 to the Provision for jewelry from precious metals and gemstones (further - the act).

The state controller reflects compliance/discrepancy of the shown goods to the data specified in the contract and accompanying documents in the act.

In the absence of discrepancy the state controller in the specified Section of the act makes entry - "the goods conform to the imposed requirements".

In case of detection of discrepancy entry is made - "the goods do not conform to the imposed requirements" and the goods are subject to export.

10. The act is drawn up and issued to the applicant within one working day from the moment of receipt of the documents specified in Item 8 of Rules.

11. The statement is drawn up in triplicate: the first and second copies are handed to the applicant. The first copy intends for submission to customs authority. The third copy remains in authorized body. The act is signed by the state controller.

The state controller performs maintaining the register of the issued acts through the "elektronnoye pravitelstvo" web portal www.egov.kz.

12. After passing of the state control in case of commodity importation the applicant makes the customs transactions connected with customs declaration of goods according to the customs legislation of the Customs union and the Republic of Kazakhstan.

13. Import to the territory of the Republic of Kazakhstan of goods from the countries which are not entering into the Customs union for the room under customs procedure of conversion on customs area according to the procedure and on the conditions established by the legislation of the Republic of Kazakhstan is performed in case of submission of the documents provided by the customs legislation of the Republic of Kazakhstan.

For receipt of the document on conditions of conversion of goods (except for natural diamonds and diamonds) the applicant addresses to authorized body and submits the following documents:

1) the documents confirming the right to perform transactions with goods;

2) copy of the contract (contract) for conversion of values;

3) the copies of documents confirming availability at the Applicant on the property right or other legal cause of production rooms, except for nonresidents;

4) information on availability of production base of the Applicant and amount of production of products on own production in form according to appendix 3 to Rules, except for nonresidents;

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