ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of November 12, 2015 No. 558

About approval of Rules of sampling and samples of goods by officials of bodies of state revenues

According to Item 1 of article 234 of the Code of the Republic of Kazakhstan of June 30, 2010 "About customs affairs in the Republic of Kazakhstan" I ORDER:

1. Approve the enclosed Rules of sampling and samples of goods as officials of bodies of state revenues.

2. To committee of state revenues of the Ministry of Finance of the Republic of Kazakhstan (Ergozhin of E.) in the procedure established by the legislation to provide:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order its direction on official publication in periodic printing editions and information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry of Finance of the Republic of Kazakhstan.

3. This order becomes effective after day of its first official publication.

Approved by the Order of the Minister of Finance of the Republic of Kazakhstan of November 12, 2015 No. 558

Rules of sampling and samples of goods by officials of bodies of state revenues

1. General provisions

1. These rules of sampling and samples of goods by officials of bodies of state revenues (further - Rules) are developed according to Item 1 of article 234 of the Code of the Republic of Kazakhstan of June 30, 2010 "About customs affairs in the Republic of Kazakhstan" (further - the Customs code) and establish procedure for sampling and samples of goods by officials of bodies of state revenues when conducting customs inspection and customs declaring, for the purpose of conducting customs examination in the organizations which are carrying out customs expertize.

2. Tests and samples of goods are selected with observance of requirements of regulating documents for standardization according to article 20 of the Law of the Republic of Kazakhstan of November 9, 2004 "About technical regulation".

3. In these rules the following concepts are used:

1) the regulating document on standardization - the document establishing regulations, rules, characteristics, the principles concerning different types of activities for standardization or its results;

2) test - goods or the part of goods, optimum necessary established by documentation on standardization, characterizing structure and properties of all amount of the represented and researched goods;

3) batch - the goods which are at the same time shown to body of state revenues according to one or several transport documents and sent to the address of one consignee from one consignor and also the goods sent on one post delivery note or placed as baggage by one person;

4) sample - the commodity unit (products) corresponding to structure, structure and properties of all batch, series of goods (products) or the single object represented in written and other forms of display which selection for the purpose of further research is fixed in the procedure established by these rules.

2. Procedure for sampling and samples of goods

4. Sampling and samples of goods is made by the official of bodies of state revenues in the presence of the customs applicant or person having powers concerning goods or their representatives.

5. The customs applicants or persons having powers concerning goods or their representatives take part and render assistance to officials of bodies of state revenues when sampling and samples of goods, including perform at own expense the cargo operations necessary for sampling and samples of goods.

6. In case of absence of the customs applicant or person having powers concerning goods or their representative after ten calendar days after provision of goods, and also under circumstances, being urgent, stipulated in Item the 5th Article 205 of the Customs code, tests and samples of goods are selected by officials of bodies of state revenues in the presence of two witnesses with creation of the sampling report and samples of goods.

In case of written refusal of the customs applicant or the participant of foreign economic activity when implementing customs inspection from carrying out sampling and samples of goods or from participation in it the official of customs authority makes independently sampling and samples of goods in the presence of two witnesses.

7. In need of use of special and (or) scientific knowledge and use of technical means sampling and samples of goods is carried out with participation of the customs expert (expert).

The basis for participation of the customs expert (expert) in sampling and samples of goods is the petition of the official of bodies of state revenues in the organization which is carrying out customs expertize.

8. Before sampling and samples of goods are checked the name and marking of goods, availability of signs of danger of load.

Sampling and samples of goods is performed with observance of safe engineering according to the regulating document on standardization.

9. Tests and samples of goods are selected in the minimum quantities providing possibility of their research according to regulations of sampling and samples of the goods provided in appendix 1 to these rules.

10. In case of disagreements in quality evaluation of tests and samples of goods, the official of bodies of state revenues divides them into equal parts which quantity and storage conditions are determined by the regulating document by standardization.

The official of bodies of state revenues directs one part of test and one sample of goods to customs examination, and other parts of tests and samples of goods are stored in sealed type, in the body of state revenues which selected tests and samples of goods with observance of storage conditions of tests and samples of goods before the end of the storage duration determined by the regulating document by standardization on this type of goods.

11. When sampling and samples of goods the sampling report is drawn up and it is model in the form approved by the Decision of the Commission of the Customs union of May 20, 2010 No. 260 "About forms of customs papers".

12. The sampling report and samples is constituted in triplicate:

the first copy remains in body of state revenues;

the second copy together with the selected tests and samples of goods goes to the public institution "Central customs laboratory" of Committee of state revenues of the Ministry of Finance of the Republic of Kazakhstan authorized on conducting customs examination;

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