ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of July 22, 2016 No. 422

About approval of Rules of import to the territory of the Republic of Kazakhstan from the countries which are not entering into the Eurasian Economic Union, and export from the territory of the Republic of Kazakhstan to these countries of the precious metals and primary goods containing precious metals, and recognition voided some decisions

According to the subitem 2) of article 3 of the Law of the Republic of Kazakhstan of January 14, 2016 "About precious metals and gemstones" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of import to the territory of the Republic of Kazakhstan from the countries which are not entering into the Eurasian Economic Union and export from the territory of the Republic of Kazakhstan to these countries of the precious metals and primary goods containing precious metals.

2. Recognize to invalid:

1) the order of the Government of the Republic of Kazakhstan of August 16, 2011 No. 924 "About approval of Rules of import to the territory of the Republic of Kazakhstan from the countries which are not entering into the Customs union, and export from the territory of the Republic of Kazakhstan to these countries of the precious metals and primary goods containing precious metals and about entering of amendments into the order of the Government of the Republic of Kazakhstan of November 26, 2004 No. 1237 "Some questions of the Ministry of the industry and new technologies of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 2011, No. 51, the Art. 709);

2) the order of the Government of the Republic of Kazakhstan of May 16, 2012 No. 628 "About modification of the order of the Government of the Republic of Kazakhstan of August 16, 2011 No. 924 "About approval of Rules of import to the territory of the Republic of Kazakhstan from the countries which are not entering into the Customs union and export from the territory of the Republic of Kazakhstan to these countries of the precious metals and primary goods containing precious metals and about entering of amendments into the order of the Government of the Republic of Kazakhstan of November 26, 2004 No. 1237 "Some questions of the Ministry of the industry and new technologies of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 2012, No. 50, the Art. 681).

3. This resolution becomes effective after ten calendar days from the date of its first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of July 22, 2016 No. 422

Rules of import to the territory of the Republic of Kazakhstan from the countries which are not entering into the Eurasian Economic Union and export from the territory of the Republic of Kazakhstan to these countries of the precious metals and primary goods containing precious metals

1. General provisions

1. These rules of import to the territory of the Republic of Kazakhstan from the countries which are not entering into the Eurasian Economic Union and export from the territory of the Republic of Kazakhstan to these countries of the precious metals and primary goods containing precious metals (further – Rules) are developed according to the Law of the Republic of Kazakhstan of January 14, 2016 "About precious metals and gemstones" (further – the Law).

Rules determine procedure for import to the territory of the Republic of Kazakhstan from the countries which are not entering into the Eurasian Economic Union and export from the territory of the Republic of Kazakhstan to these countries of the precious metals and primary goods containing precious metals.

2. The basic concepts used in these rules:

precious metals – gold, silver, platinum and metals of platinum group (palladium, iridium, rhodium, ruthenium and osmium) in any condition and type;

subjects of production of precious metals – the legal entities of the Republic of Kazakhstan performing production of precious metals in the territory of the Republic of Kazakhstan, consisting in the list approved by authorized body;

the primary goods containing precious metals – the raw precious metals (including Dore's alloy in the form of ingot, the cathode metals), zinc rainfall, scrap and waste of precious metals, ores and concentrates of precious metals, the ores, concentrates and ashes of non-ferrous metals, semi-products of production of non-ferrous metals containing precious metals;

the applicant – the legal entities and (or) individual entrepreneurs having the right to implementation of transactions with the precious metals and primary goods containing precious metals, according to the legislation of the Republic of Kazakhstan and staying on the special registry;

authorized body – the central executive body performing management and also in limits, stipulated by the legislation the Republic of Kazakhstan, cross-industry coordination in the field of regulation of production of precious metals and turnover of precious metals and gemstones, the primary goods containing precious metals, jewelry and other products.

3. Requirements of these rules do not extend to the control in case of transfer pricing exercised according to the legislation of the Republic of Kazakhstan on transfer pricing.

4. Requirements of these rules do not extend to transactions of National Bank of the Republic of Kazakhstan.

2. Procedure for import to the territory of the Republic of Kazakhstan from the countries which are not entering into the Eurasian Economic Union and export from the territory of the Republic of Kazakhstan to these countries of the precious metals and primary goods containing precious metals

5. When importing to the territory of the Republic of Kazakhstan from the countries which are not entering into the Eurasian Economic Union (further – import) and export from the territory of the Republic of Kazakhstan to these countries (further – export) the precious metals and primary goods containing precious metals, the authorized body performs the procedure of the state control according to decisions of the Eurasian economic commission and the legislation of the Republic of Kazakhstan.

6. When importing the precious metals and primary goods containing precious metals, except for ores, concentrates and ashes of non-ferrous metals, semi-products of production of the non-ferrous metals containing precious metals (further – the goods containing precious metals) the state control includes:

1) check of batch, containing precious metals, on compliance to the data specified in the accompanying documentation, including normative and technical and (or) technical documentation;

2) determination of source of goods origin, containing precious metals;

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