ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of April 4, 2014 No. 319

About approval of standards of the state services rendered by customs authorities of the Republic of Kazakhstan

According to the subitem 3) of article 6 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 "Inclusion of Objects of Copyright and Related Rights, Trademarks, Service Marks and Names of Places of Goods Origin in the Customs Register of Intellectual Property Items";

2) standard of the state service "Assignment of the Status of Authorized Economic Operator";

3) standard of the state service "Inclusion in the Register of Customs Representatives";

4) standard of the state service "Inclusion in the Register of Customs Carriers";

5) standard of the state service "Implementation of Paperless Customs Declaration of Goods, Moved through Customs Border of the Customs Union (Customs Procedure — Export)";

6) standard of the state service "Adoption of Provisional Solutions concerning Determination of the Country of Goods' Origin in case of Application of the Preferential and Not Preferential Modes";

7) standard of the state service "Adoption of Provisional Solutions on Classification of Goods";

8) standard of the state service "Confirmation about Availability of Excessively (Mistakenly) Paid Amounts of Customs Duties, Taxes and Customs Fees";

9) standard of the state service "Issue of the Reconciliation Statement of Calculations for Customs Duties, Taxes, Customs Fees and Penalty Fee";

10) standard of the state service "Issue of the Decision on Classification of Goods in Not Collected or Sorted Type, including in Incomplete or Incomplete Type Which Import Is Supposed Various Batches during the Certain Period of Time";

11) standard of the state service "Customs Clearance and Release of Goods".

2. Declare invalid the order of the Government of the Republic of Kazakhstan of September 8, 2012 No. 1169 "About approval of standards of the state services rendered by the Customs Control Committee of the Ministry of Finance of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 2012, No. 70, the Art. 1012).

3. This resolution becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of April 4, 2014, No. 319

Standard of the state service "Inclusion of Objects of Copyright and Related Rights, Trademarks, Service Marks and Names of Places of Goods Origin in the Customs Register of Intellectual Property Items"

1. General provisions

1. The state service "Inclusion of Objects of Copyright and Related Rights, Trademarks, Service Marks and Names of Places of Goods Origin in the Customs Register of Intellectual Property Items" (further - the state service).

2. The standard of the state service is developed by the Ministry of Finance of the Republic of Kazakhstan (further - the Ministry).

3. The state service appears the Customs Control Committee of the Ministry of Finance of the Republic of Kazakhstan (further - the service provider).

Documents acceptance and issue of result of rendering the state service are performed through office of the service provider.

2. Procedure for rendering the state service

4. Term of rendering the state service:

1) from the moment of delivery by uslugopoluchatel of all necessary documents - 30 (thirty) calendar days. In the presence of good causes the service provider has the right to extend the term of consideration of the application, but no more than up to 3 (three) months;

2) the most allowed time of expectation for delivery of document package uslugopoluchatel to the service provider - 30 minutes;

3) the most allowed time of servicing of uslugopoluchatel - 30 minutes.

5. Form of rendering the state service: paper.

6. Result of rendering the state service - the decision on inclusion of objects of copyright and related rights, trademarks, service marks and names of places of goods origin in the customs register of intellectual property items which is drawn up by the order of the head of the service provider or the motivated answer on refusal in rendering the state service in writing on paper in cases and on the bases specified in Item 10 of this standard of the state service.

Form of provision of result of rendering the state service: paper.

7. The state service is rendered free of charge.

8. Working schedule of the service provider: Monday through Friday from 9:00 till 18:30 o'clock, with lunch break from 13:00 till 14:30 o'clock, except for days off and holidays according to the labor law of the Republic of Kazakhstan.

Acceptance is performed in turn without making an appointment and the accelerated servicing.

9. The list of the documents necessary for rendering the state service in case of the address of the uslugopoluchatel or the other person representing the interests of uslugopoluchatel:

The written application form about protection of the rights to intellectual property items which is filled in in any form and shall contain 1):

petition of uslugopoluchatel for protection of the rights to intellectual property items;

data on uslugopoluchatel;

information, including electronically, about the corresponding intellectual property items, term during which the uslugopoluchatel will need assistance of customs authorities in protection of its rights, and also the description of the goods containing intellectual property items with indication of commodity codes at the level of the first six signs according to the single commodity nomenclature of foreign economic activity of the Customs union, the detailed data of uslugopoluchatel on goods allowing customs authorities to reveal goods with violation of intellectual property rights;

the obligation of uslugopoluchatel about indemnification to the customs applicant and other persons, and also costs of customs authorities which can arise in connection with suspension of release of the goods containing intellectual property items concerning which it is supposed that they are goods with violation of intellectual property rights, in cases if it is determined that goods are not goods with violation of intellectual property rights;

2) the originals or notarially attested copies confirming availability and accessory of intellectual property right (the certificate and/or the license agreement);

3) the power of attorney issued by the owner to person representing its interests;

4) insurance contract of civil responsibility of uslugopoluchatel for damnification to other persons. At the same time the insurance sum cannot be less 1000-fold size of the monthly settlement indicator established for the corresponding financial year by the law on the republican budget;

5) the description of distinctive signs of goods with violation of intellectual property rights;

6) samples of the goods containing intellectual property items and goods with violation of intellectual property rights including their images in electronic form (whenever possible).

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

1) representation by uslugopoluchatel of the incomplete or false information specified in Item 9 of this standard of the state service;

2) non-presentation of the description of distinctive signs of goods with violation of intellectual property rights.

3. Procedure for appeal of decisions, actions (failure to act) of the central state body, the service provider and (or) his officials concerning rendering the state services

11. In case of appeal of decisions, actions (failure to act) of the service provider and (or) his officials concerning rendering the state services, the claim is submitted in writing:

1) addressed to the head of the Ministry or replacement his face to the address specified in Item 13 of this standard of the state service;

2) addressed to the head of the service provider to the address specified in Item 13 of this standard of the state service.

Confirmation of adoption of the claim is its registration (stamp, the entering number and date) in office of the service provider, the Ministry, with indication of surname and initials of person which accepted the claim, term and the place of receipt of the answer to the made complaint. After registration the claim goes to the head of the service provider, the Ministry, for determination of the executive in charge and acceptance of adequate measures.

The claim of uslugopoluchatel concerning rendering the state services which arrived to the service provider, the Ministry is subject to consideration within 5 (five) working days from the date of its registration.

In case of disagreement with results of the rendered state service the uslugopoluchatel can address with the claim to authorized body by assessment and control of quality of rendering the state services.

The claim of uslugopoluchatel which arrived to authorized body by assessment and control of quality of rendering the state services is subject to consideration within 15 (fifteen) working days from the date of its registration.

12. In case of disagreement with results of the rendered state service, the uslugopoluchatel has the right to take a legal action in the procedure established by the legislation of the Republic of Kazakhstan.

4. Other requirements taking into account features of rendering the state service

13. Addresses of places of rendering the state service are placed:

1) on Internet resource of the Ministry: www.minfin.gov.kz;

2) on Internet resource of the service provider: www.e.customs.kz.

14. Uslugopoluchatel has possibility of receipt of information on procedure and the status of rendering the state service in the mode of remote access by means of service desks concerning rendering the state service, the call-center of the service provider.

15. Contact telephone numbers of service desks concerning rendering the state service are placed on Internet resource of the service provider: www.e.customs.kz, number of the call-center of the service provider: 1412, single contact center concerning rendering the state services: 1414, 88000807777.

Approved by the Order of the Government of the Republic of Kazakhstan of April 4, 2014, No. 319

Standard of the state service "Assignment of the Status of Authorized Economic Operator"

1. General provisions

1. The state service "Assignment of the Status of Authorized Economic Operator" (further - the state service).

2. The standard of the state service is developed by the Ministry of Finance of the Republic of Kazakhstan (further - the Ministry).

3. The state service appears the Customs Control Committee of the Ministry of Finance of the Republic of Kazakhstan (further - the service provider).

Documents acceptance and issue of result of rendering the state service are performed through office of the service provider.

2. Procedure for rendering the state service

4. Term of rendering the state service:

1) from the moment of delivery by uslugopoluchatel of all necessary documents to the service provider - 90 (ninety) calendar days.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info