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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of June 5, 2014 No. 616

About some questions of import of combine harvesters and modules of combine harvesters to the territory of the Republic of Kazakhstan

For the purpose of implementation of the decision of board of the Eurasian economic commission of June 25, 2013 No. 143 "About application of special protective measure by means of introduction of the import quota concerning combine harvesters and modules of the combine harvesters imported on single customs area of the Customs union" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules for apportionment of amounts of the import quota between participants of foreign trade activity on import of combine harvesters and modules of combine harvesters.

2. This resolution becomes effective from the date of its signing and is subject to official publication.

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of June 5, 2014 No. 616

Rules for apportionment of amounts of the import quota between participants of foreign trade activity on import of combine harvesters and modules of combine harvesters

1. General provisions

1. These rules of distribution of amounts of the import quota between participants of foreign trade activity on import of combine harvesters and modules of combine harvesters (further - Rules) are developed according to distribution technique Item 12 between participants of foreign trade activity of amounts of the import quota concerning combine harvesters and modules of combine harvesters approved by the decision of board of the Eurasian economic commission of June 25, 2013 No. 143 "About application of special protective measure by means of introduction of the import quota concerning combine harvesters and modules of the combine harvesters imported on single customs area of the Customs union" and determine procedure and method of distribution of the import quota as instrument of regulation of foreign trade activity.

2. The procedure and terms of issue of licenses are determined by the legislation of the Republic of Kazakhstan on licensing.

2. Terms and determinations

3. In these rules the following concepts are used:

1) amount of the import quota - the amount of combine harvesters and modules of combine harvesters established in appendix No. 1 to the decision of board of the Eurasian economic commission of June 25, 2013 No. 143 - for action of the import quota;

2) settlement period - three years which are directly preceding year on which the import quota is established.

Are understood as settlement period:

2011 - 2013 - in case of distribution of the import quota for 2014;

2012 - 2014 - in case of distribution of the import quota for 2015;

2013 - 2015 - in case of distribution of the import quota for 2016;

3) goods - the combine harvesters and modules of combine harvesters consisting at least of the molotilno-separating device equipped or which is not equipped with molotilny drum the systems of cleaning of the engine established on the bearing basis or frame of the chassis providing installation of the bridges, wheels or caterpillars classified by codes 8433 51 000 1, 8433 51 000 9 and 8433 90 000 0 FEACN CU concerning which the Eurasian economic commission establishes the import quota;

4) participants of foreign trade activity - legal entities or physical persons according to the legislation of the Republic of Kazakhstan;

5) the historical buyer - the participant of foreign trade activity performing according to the legislation of the Republic of Kazakhstan commodity importation during the settlement period in customs procedure of release for internal consumption or conversion for internal consumption;

6) authorized body - the state body authorized on issue of import licenses of goods.

3. Procedure for distribution of amounts of the import quota

4. Distribution of the amounts of the import quota to commodity importation established in appendix No. 1 to the decision of board of the Eurasian economic commission of June 25, 2013 No. 143 - for the Republic of Kazakhstan, is made in the following procedure:

30% - from the total amount of the import quota for the corresponding year - to participants of foreign trade activity;

70% - from the total amount of the import quota for the corresponding year - to historical buyers.

If as a result of distribution of amount of the import quota according to part one of this Item fractional values are received, results of calculations are subject to rounding to the whole value.

4. Method of distribution of amounts of the import quota between participants of foreign trade activity

5. Distribution of amounts of the import quota between participants of foreign trade activity is performed according to the procedure of priority of filing of applications by participants of foreign trade activity (including historical buyers) on receipt of the import license in the amount which is not exceeding 20% of the total amount of the import quota for each participant of foreign trade activity.

If as a result of distribution of amount of the import quota according to part one of this Item fractional values are received, results of calculations are subject to rounding to the whole value.

Distribution of amounts of the import quota between participants of foreign trade activity is performed:

1) for 2014 - from the date of enforcement of these rules;

2) for 2015 and 2016 - since February 1 of the corresponding calendar year.

6. Import licenses to participants of foreign trade activity are granted by authorized body before exhaustion of amounts of the import quota provided for participants of foreign trade activity.

7. The authorized body weekly publishes on Internet resources: www.minplan.gov.kz and www.comtorg.kz of the data on amounts of the import quota on commodity importation on which licenses, and the amounts which remained unallotted are granted.

5. Method of distribution of amounts of the import quota between historical buyers

8. The authorized body in the field of development of agro-industrial complex places the announcement of acceptance and terms of order taking from participants of foreign trade activity for commodity importation, about procedure and conditions of distribution of amounts of the import quota on the www.minagri.gov.kz Internet resource:

1) for 2014 within 5 calendar days from the date of enforcement of these rules;

2) for 2015 - 2016 till January 15 of the corresponding calendar year.

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