ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of February 25, 2014 No. 149

About approval of standards of the state services rendered by the Ministry of Economy and Budget Planning of the Republic of Kazakhstan, and about modification of the order of the Government of the Republic of Kazakhstan of December 21, 2012 No. 1653 "About some questions of licensing of activities of commodity exchanges, exchange brokers and stock dealers" and about recognition voided some decisions of the Government of the Republic of Kazakhstan"

According to the subitem 3) of Article 6 and the subitem 11) of article 9 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" the Government of the Republic of Kazakhstan DECIDES:

1. Approve enclosed:

1) standard of the state service "Licensing for Import and (or) Commodity Export in case of Application of Measures of Customs and Tariff and Non-tariff Regulation of Foreign Trade Activity, and also Special Protective Measures based on Decisions of the Government of the Republic of Kazakhstan and (or) the Eurasian Economic Commission";

2) standard of the state Service "Licensing, Renewal, Issue of Duplicates of the Import License of the Goods Which Are Objects of Trial for the Territory of the Republic of Kazakhstan without Application of Quantitative Restrictions";

3) standard of the state service "Issue of the Import Permit of Separate Types of Goods on the Territory of the Republic of Kazakhstan";

4) standard of the state service "Licensing, Renewal of the License for the Occupation Right Dealer Activities in the Sphere of Commodity Exchanges";

5) standard of the state service "Licensing, Renewal of the License for the Occupation Right Broker Activities in the Sphere of Commodity Exchanges";

6) standard of the state service "Licensing, Renewal of the License for the Occupation Right Activities of Commodity Exchanges".

2. Bring in the order of the Government of the Republic of Kazakhstan of December 21, 2012 No. 1653 "About some questions of licensing of activities of commodity exchanges, exchange brokers and stock dealers" (SAPP of the Republic of Kazakhstan, 2013, No. 4, the Art. 91):

state Item 2 in the following edition:

"2. Determine the licensor by implementation of activities of commodity exchanges, exchange brokers and stock dealers Committee of trade of the Ministry of Economy and Budget Planning of the Republic of Kazakhstan.";

the qualification requirements to activities of commodity exchanges, exchange brokers and stock dealers and the list of the documents confirming compliance to them approved by the specified resolution to be reworded as follows according to appendix to this resolution.

3. Recognize invalid:

1) the order of the Government of the Republic of Kazakhstan of June 28, 2012 No. 865 "About approval of standards of the state services rendered by the Ministry of Economic Development and Trade of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 2012, No. 60, the Art. 825);

2) the order of the Government of the Republic of Kazakhstan of December 29, 2012 No. 1815 "About modification of the orders of the Government of the Republic of Kazakhstan of July 20, 2010 No. 745 "About approval of the register of the state services rendered to physical persons and legal entities" and of June 28, 2012 No. 865 "About approval of standards of the state services rendered by the Ministry of Economic Development and Trade of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 2013, No. 10, the Art. 195).

4. This resolution becomes effective after twenty one calendar days after day of its first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of February 25, 2014, No. 149

Standard of the state service "Licensing for Import and (or) Commodity Export in case of Application of Measures of Customs and Tariff and Non-tariff Regulation of Foreign Trade Activity, and also Special Protective Measures based on Decisions of the Government of the Republic of Kazakhstan and (or) the Eurasian Economic Commission"

1. General provisions

1. The state service "Licensing for Import and (or) Commodity Export in case of Application of Measures of Customs and Tariff and Non-tariff Regulation of Foreign Trade Activity, and also Special Protective Measures based on Decisions of the Government of the Republic of Kazakhstan and (or) the Eurasian Economic Commission" (further - the state service).

2. The standard of the state service is developed by the Ministry of Economy and Budget Planning of the Republic of Kazakhstan (further - the Ministry).

3. The state service appears Committee of trade of the Ministry (further - the service provider).

Reception of applications and issue of results of rendering the state service are performed through:

1) service provider;

2) the Republican state company on the right of economic maintaining "Service center of the population" of Committee on control of automation of the state services and coordination of activities of Service centers of the population of the Ministry of transport and communication of the Republic of Kazakhstan (further - TsON);

3) the web portal of "the electronic government" www.e.gov.kz  (further - the portal).

2. Procedure for rendering the state service

4. Terms of rendering the state service:

1) in case of the address to the service provider - within 15 (fifteen) working days;

the maximum allowed time of expectation in queue in case of delivery of necessary documents no more than 20 (twenty) minutes;

maximum allowed time of servicing of uslugopoluchatel no more than 20 (twenty) minutes;

2) in case of the appeal to TsON - within 15 (fifteen) working days (day of documents acceptance does not enter rendering the state service in time, at the same time the service provider represents to TsON result of rendering the state service a day before the termination of term of rendering the state service);

the maximum allowed time of expectation in queue in case of delivery of necessary documents no more than 20 (twenty) minutes;

maximum allowed time of servicing of uslugopoluchatel no more than 20 (twenty) minutes;

3) in case of the address through the portal - within 15 (fifteen) working days.

5. Form of rendering the state service: electronic (is completely automated) and (or) paper.

6. Result of rendering the state service - the import license and (or) export of separate types of goods or the motivated answer about refusal in rendering the state service in electronic form, certified by the digital signature (further - the EDS) the authorized officer of the service provider in cases and on the bases, stipulated in Item 10 these standards of the state service.

In case of the address through the portal the result of the state service goes to uslugopoluchatel to "private office" in electronic form, the authorized person of the service provider signed by the EDS.

The license is granted electronically. In case of the request of uslugopoluchatel for receipt of the license on paper the license is drawn up in electronic format, unpacked, signed by the head of the service provider, or replacement his face, and certified by seal of the service provider.

7. The state service is rendered on paid basis.

According to the Code of the Republic of Kazakhstan of December 10, 2008 "About taxes and other obligatory payments in the budget" (Tax code) the license fee in the amount of 10 monthly settlement indicators is paid in the budget for the location of uslugopoluchatel before submission of the relevant documents to the service provider by non-cash money transfer through the banks or the organizations performing separate types of banking activities.

In case of submission of the electronic statement on receipt of the license through the portal, payment can be performed through payment gateway of "the electronic government" (further - PShEP). In case of advance payment the electronic copy of the payment document joins.

8. Working schedule:

1) the service provider - Monday through Friday inclusive from 09:00 till 18:30 o'clock, lunch break from 13:00 till 14:30 o'clock, except days off (Saturday, Sunday) and holidays, according to the labor law of the Republic of Kazakhstan;

2) TsONa - Monday through Saturday inclusive, except for days off and holidays, according to the labor law of the Republic of Kazakhstan, according to the established working schedule from 9:00 till 20:00 o'clock without interruption.

Acceptance is performed according to the procedure of "electronic" queue, without making an appointment and the accelerated servicing, booking of electronic queue by means of the TsONa web portal is possible;

3) the portal - documents acceptance is performed round the clock (except for the technical breaks connected with carrying out repair work).

9. List of the documents necessary for rendering the state service in case of the address of uslugopoluchatel (or his representative by proxy):

1) to the service provider or in TsON:

the statement in form according to appendix 1 or 2 to this standard of the state service;

the electronic copy of the application in the format approved by the Eurasian economic commission (further - the commission) created by means of the software developed by the commission and transferred to participants of foreign trade activity on a grant basis. The participant of foreign trade activity can use own software which creates the electronic copy of the application in strict accordance with the format approved by the commission;

the copy of the agreement in foreign trade (contract), appendix and (or) amendment to it (for the one-time license), and in case of lack of the agreement in foreign trade (contract) - the copy of other document confirming intentions of the parties;

the copy of the document on registration in tax authority;

the copy of the license for implementation of the licensed type of activity if such type of activity is connected with circulation of goods concerning which licensing on single customs area of the Customs union is introduced;

the document confirming payment in the budget of the license fee for the occupation right with separate types of activity;

other documents if they are determined by the decision of the commission based on which licensing of this type of goods is entered.

Each leaf of the provided copies of documents shall be certified by the sign and seal of uslugopoluchatel, or copies of documents shall be stitched and certified by the sign and seal of uslugopoluchatel.

Uslugopoluchatel gives the written consent to use of the data which are the secret protected by the law, containing in information systems in the form provided TSONOM if other is not provided by the laws of the Republic of Kazakhstan.

In TsONe issue of documents to uslugopoluchatel is performed by the worker of TsONa based on the receipt;

2) on the portal:

the statement in form according to appendix 1 or 2 to this standard of the state service, in electronic form, the uslugopoluchatel certified by the EDS;

are attached to the electronic statement:

the electronic copy of the application in the format approved by the commission created by means of the software developed by the commission and transferred to participants of foreign trade activity on a grant basis. The participant of foreign trade activity can use own software which creates the electronic copy of the application in strict accordance with the format approved by the commission;

the copy of the agreement in foreign trade (contract), appendix and (or) amendment to it (for the one-time license), and in case of lack of the agreement in foreign trade (contract) - the copy of other document confirming intentions of the parties;

the copy of the document on registration in tax authority;

the copy of the license for implementation of the licensed type of activity if such type of activity is connected with circulation of goods concerning which licensing on single customs area of the Customs union is introduced;

the document confirming payment in the budget of the license fee for the occupation right with separate types of activity, except as specified payments of the license fee through PShEP;

other documents if they are determined by the decision of the commission based on which licensing of this type of goods is entered.

Each leaf of the provided copies of documents shall be certified by the sign and seal of uslugopoluchatel.

In case of the address through the portal to uslugopoluchatel in "private office" the status about adoption of the statement with indication of the date of receipt of result of the state service is displayed.

10. The bases for refusal in rendering the state service are:

1) availability of incomplete or false information in the documents submitted by uslugopoluchatel for receipt of the license;

2) licensing to uslugopoluchatel by the approving state body is not approved;

3) non-compliance with the requirements provided by articles 3 and 5 of the Law of the Republic of Kazakhstan of November 24, 2009 "About ratification of the Agreement on rules of licensing in the sphere of foreign trade in goods";

4) the termination or suspension of action of one or several documents forming the basis for licensing;

5) violation of the international obligations of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation which can come owing to agreement performance (contract) for which realization the license is requested;

6) the license fee for the occupation right is not brought by separate types of activity;

7) exhaustion of quota (in case of execution of the license for quoted goods).

In case of provision by uslugopoluchatel of incomplete document package according to the list provided by the subitem 1) of Item 9 of the standard of the state service, the worker of TsONa refuses reception of an application and issues the receipt on refusal in documents acceptance according to appendix 3 to the standard of the state service.

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