I.O.'S ORDER OF THE MINISTER OF THE INDUSTRY AND NEW TECHNOLOGIES OF THE REPUBLIC OF KAZAKHSTAN

of December 28, 2012 No. 497

About approval of Rules of implementation of activities by experts-auditors in determination of the country of goods' origin, the status of goods of the Customs union or foreign goods

According to Item 7 of article 16-1 of the Law of the Republic of Kazakhstan of November 9, 2004 "About technical regulation" PRIKAZYVAYU:

1. Approve the enclosed Rules of implementation of activities by ekspertamiauditor by determination of the country of goods' origin, the status of goods of the Customs union or foreign goods.

2. To committee of technical regulation and metrology of the Ministry of the industry and new technologies of the Republic of Kazakhstan (Satbayev R. A.) provide state registration of this order in the Ministry of Justice of the Republic of Kazakhstan and its subsequent publication in official mass media in the procedure established by the legislation.

4. To impose control of execution of this order on the vice-minister of the industry and new technologies of the Republic of Kazakhstan Tuleushin K. A.

5. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Acting Minister of the industry and new technologies of the Republic of Kazakhstan of December 28, 2012 No. 497

Rules of implementation of activities by experts-auditors in determination of the country of goods' origin, status of goods of the Customs union or foreign goods

1. General provisions

1. These rules of implementation of activities by experts-auditors in determination of the country of goods' origin, the status of goods of the Customs union or foreign goods (further - Rules) are developed according to the Law of the Republic of Kazakhstan of November 9, 2004 "About technical regulation".

2. Rules determine procedure for activities of experts-auditors in determination of the country of goods' origin, the status of goods of the Customs union or foreign goods and creation and issue of the appraisal certificate about goods origin.

3. In Rules the following concepts are applied:

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

the expert organization - the legal entity having in the state of ekspertaauditor by determination of the country of goods' origin, the status of goods of the Customs union or foreign goods, who is carrying out works on conducting examination of goods origin and determination of the status of goods of the Customs union or foreign goods.

4. Examination of goods origin, about determination of the status of goods of the Customs union or foreign goods (further - Examination) includes:

1) examination of the documents provided by the List of the documents confirming goods origin, the Acting Minister of the industry and new technologies of the Republic of Kazakhstan approved by the order of December 2, 2011 No. 441, registered in the Register of state registration of regulatory legal acts for No. 7372 (further - the List), and documents, stipulated in Item 45 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 approved by the order of the Government of the Republic of Kazakhstan of October 22, 2009 No. 1647 (further - Rules of determination of the country of goods' origin);

2) identification of goods on external signs, on marking (the name, type, type, packaging, class, manufacturer);

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

5. Carries out Expertise and signs the expert opinion the ekspertauditor which received the competence certificate and entered in the register of ekspertovauditor by determination of the country of goods' origin, the status of goods of the Customs union or foreign goods.

6. Expertize is carried out by the expert-auditor within two working days from the moment of provision and registration of the request and the documents confirming goods origin.

2. Procedure for activities of experts-auditors in determination of the country of goods' origin, status of goods of the Customs union or foreign goods

7. Determination of the country of goods' origin, the status of goods of the Customs union or foreign goods, creation and issue of the appraisal certificate are performed on the goods exported, re-exported from the Republic of Kazakhstan and on goods for the internal address.

8. For determination of the country of goods' origin, the status of goods of the Customs union or foreign goods exported, re-exported from the Republic of Kazakhstan, the expert-auditor it is determined that goods:

1) completely Kazakhstan origin;

2) the Kazakhstan origin taking into account the criteria of sufficient conversion of goods established in the Agreement on the Rules of 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 (further - the Kazakhstan origin taking into account criteria of sufficient conversion of goods);

3) Customs union;

4) foreign origin.

9. The works connected with Examination of the goods exported, re-exported from the Republic of Kazakhstan are carried out by the expert-auditor on contractual basis based on the request in form according to appendix 2 to Rules of determination of the country of goods' origin and the document package provided by the applicant provided by the List.

10. By results of examination the expert organization issues to the applicant the appraisal certificate about goods origin, the status of goods of the Customs union or foreign goods exported from the Republic of Kazakhstan, re-exported from the Republic of Kazakhstan in form according to appendix 3 to Rules of determination of the country of goods' origin that the goods are:

1) completely Kazakhstan origin;

2) the Kazakhstan origin taking into account criteria of sufficient conversion of goods;

3) Customs union;

4) foreign origin.

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