Import and export of goods, Kazakhstan

According to the Law of the Republic of Kazakhstan "On Permits and Notifications" general provisions on licensing in the sphere of export and import of May 16, 2014 the list of goods, export and (or) import of which is subject to licensing, is established by the Government of the Republic of Kazakhstan on the basis of the Unified list of goods to which prohibitions or restrictions on import or export by member states of the Customs Union in trade with third countries, approved by the decision of the relevant body of the Customs Union .

     Licensing of exports and (or) imports of goods should not have a more restrictive or distorting effect on exports or imports of goods than the purposes for which these restrictions were introduced. The procedure and conditions for the issuance of licenses and permits for exports and (or) imports are established in accordance with international treaties.

     Licenses and (or) appendices to the license in the field of import and export of products subject to export control are issued not later than thirty working days, unless it is necessary to obtain an authentication confirmation of the end-user certificate of the importing country where the license is issued upon receipt of such a confirmation .

     Licensor issues the following types of licenses:

1) a general license issued to a participant in foreign trade activities on the basis of a decision of a member state of the Customs Union and granting the right to export and (or) import a particular type of goods in a quantity specified by the license;

2) an exclusive license that grants a participant in foreign trade activities an exclusive right to export and (or) import a particular type of goods;

3) a single license issued to a foreign trade participant on the basis of a foreign trade contract (contract) and granting the right to export and (or) import the licensed goods in a certain quantity.

     The issuance of general and exclusive licenses for the export and (or) import of goods is carried out by the licensor in cases stipulated by the decision of the relevant body of the Customs Union. For export and (or) import of products subject to export control, general and exclusive licenses are not issued.

     Licensees who received general and exclusive licenses are required to submit quarterly reports to the authorized bodies in the sphere of export and import quarterly up to the fifteenth day of the month following the reporting quarter on the progress of the license execution. Licensees who received one-time licenses are required to provide information about the execution of licenses to authorized bodies in the sphere of export and import within fifteen calendar days after the expiry of the license validity period. The period of validity of a one-time license can not exceed one year from the date of its commencement. The term of a one-time license may be limited by the validity of a foreign trade contract (contract) or the validity of a document that is the basis for issuing a license. For goods subject to quantitative restrictions, the license period expires in the calendar year for which the quota is set.

     The validity of the general license for the export and (or) import of goods may not exceed one year from the date of its commencement, and for goods subject to quantitative restrictions, ends in the calendar year for which the quota is established, unless otherwise specified by a decision of the relevant body of the Customs Union. The validity period of the exclusive license is determined by the decision of the relevant body of the Customs Union in each specific case. The procedure for suspending or terminating the activities of the export and import license is established by the relevant body of the Customs Union.

     Qualification requirements for licensing of  imports  and exports of goods and a list of documents confirming compliance with them.

     Protocol on unified rules for licensing import and export of goods (Kazakhstan, Belarus, Kyrgyzstan, Russia, Tajikistan).

Licensing of import and export of goods (hereinafter - licensing) is carried out in the following cases:

a) the introduction of temporary quantitative restrictions on the export or import of certain types of goods;

b) the establishment of a licensing procedure for the export and / or import of certain types of goods that may have an adverse effect on the security of the state, the life or health of citizens, the property of individuals or legal entities, state or municipal property, the environment, or the life or health of animals and plants;

c) the granting of an exclusive right to export and (or) import certain types of goods;

d) fulfillment of international obligations of a member state of the Eurasian Economic Community. Certain types of goods for which licensing is introduced are included in the Unified List of Goods. The requirements for participants of foreign trade activities for obtaining a corresponding license may be established by the relevant regulatory legal acts of a member state of the EurAsEC.

     Import and (or) export of certain types of goods is carried out on the basis of a license issued by an authorized state body in the form approved by this Protocol (Appendix 2). Import, and (or) export of certain types of goods can be issued single, general and exclusive licenses.

     A single license is a license granted to a participant in foreign trade activities on the basis of a foreign trade transaction, the subject of which is a licensed product, and which grants the right to export or import the goods in a certain quantity. The term of a one-time license may not exceed one year from the date of issuing a one-time license, and for goods subject to quantitative restrictions, it ends on December 31 of the current calendar year.

     General license is a license granted to a participant in foreign trade activity on the basis of a decision of the Government of a Member State of the EurAsEC and granting the right to export or import a separate type of licensed goods in a quantity specified by the license. The validity of the general license can not be more than one year from the date of its issuance, and for goods subject to quantitative restrictions, it ends on December 31 of the current calendar year, unless otherwise agreed by the Government. An exclusive license is a license that grants the exclusive right to export or import a particular type of product. Participants in foreign trade activities, as well as certain types of goods for which the exclusive right to export or import such goods are granted, are established by the laws of the EurAsEC member state.

     The decision to issue a license or to refuse to issue a license is taken by the authorized state body on the basis of the documents submitted by the participant of foreign trade activities within a period of up to 20 working days from the date of filing of the documents. If changes are made in the constituent documents of a foreign trade participant registered as a legal entity (changes in the legal form, name or location of its location) or changes in the passport data of a foreign trade participant who is an individual, he must apply for cancellation of the issued license and registration of a new application and documents confirming the specified changes. The decision to re-issue the license is taken within 5 working days from the date of registration of the foreign trade participant's documents. Changes to the issued license are not allowed.

     The license is not transferable to other persons, including cases of reorganization of a legal entity, and is kept by the license holder. The license is one of the documents necessary for the production of customs clearance of the licensed goods. The original license and the copy of the license certified by the owner are submitted by the license holder to the customs authority in the course of customs clearance of the goods and are the basis for passing the licensed goods across the customs border of the EurAsEC member state.

     Owners of general and exclusive licenses are required quarterly, until the 15th day of the reporting quarter following the last month, to submit a report on the progress of its execution to the authorized state body. Owners of one-time licenses are required to submit a copy of the license to the authorized state agency within 10 days after the expiry of the one-time license validity period, with a note of the customs authorities on its execution.

ZAN Company, Junior attorney

Almagul Agadil