ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of July 29, 2016 No. 412

About modification of the order of the Minister of Finance of the Republic of Kazakhstan of March 31, 2015 No. 246 "About approval of Rules of making of customs clearance of goods by officials of bodies of state revenues"

I ORDER:

1. Bring in the order of the Minister of Finance of the Republic of Kazakhstan of March 31, 2015 No. 246 "About approval of Rules of making of customs clearance of goods by officials of bodies of state revenues" (it is registered in the Register of state registration of regulatory legal acts at No. 10874, it is published in information system of law of Ad_let of May 15, 2015) the following change:

The rules of making of customs clearance of goods by officials of bodies of state revenues approved by the specified order to state in edition according to appendix to this order.

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:

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

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;

within five working days from the date of receipt of this order from the Ministry of Justice of the Republic of Kazakhstan the direction in the Republican state company on the right of economic maintaining "The republican center of legal information" of the Ministry of Justice of the Republic of Kazakhstan for placement in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

official publication of this order on Internet resource of the Ministry of Finance of the Republic of Kazakhstan.

3. This order becomes effective since July 1, 2017 and is subject to official publication.

Appendix

to the Order of the Minister of Finance of the Republic of Kazakhstan of July 29, 2016 No. 412

Approved by the Order of the Minister of Finance of the Republic of Kazakhstan of March 31, 2015 No. 246

Rules of making of customs clearance of goods by officials of bodies of state revenues

Chapter 1. General provisions

1. These rules of making of customs clearance of goods by officials of bodies of state revenues (further - Rules) are developed according to article 271 of the Code of the Republic of Kazakhstan of June 30, 2010 "About customs affairs in the Republic of Kazakhstan" (further - the Code) and determine the sequence of actions of officials of bodies of state revenues (customs posts) when making the customs transactions connected with customs clearance and release of goods in case of their room under customs procedures.

2. Rules are not applied when implementing customs clearance of the goods placed under customs procedure of customs transit.

3. Customs clearance of goods is performed by officials of customs posts, authorized to make such customs transactions according to job (functional) responsibilities (further - the authorized officer).

4. The authorized officer makes customs clearance of goods with use of the declaration on goods (further - DT) in the form of the written or electronic instrument.

5. In case of customs clearance of goods and carrying out customs control the authorized officer uses risk management system.

6. In case of customs clearance of goods of DT moves the customs applicant or the customs representative in body of state revenues in which zone of activities there are goods under customs control, except as specified, established by part two of this Item, and also paragraph 8 of Chapter 2 of these rules.

For the purpose of process improvement of customs clearance of the goods moved with pipeline transport or on power line according to the decision of authorized body in the field of customs affairs, DT concerning the specified goods can move in other body of state revenues.

7. In case of customs declaring of components of goods in not collected or sorted type, including in incomplete or incomplete type with indication of one classification code according to the Commodity nomenclature of foreign economic activity of the Eurasian Economic Union (further - the CN FEA EEU) the declaration moves the customs applicant or the customs representative to exclusively territorial authority of state revenues specified in permission.

Chapter 2. Actions of the authorized officer when making customs clearance of goods in case of customs declaration of goods in writing

Paragraph 1. Actions of the authorized officer in case of acceptance, registration or refusal in registration of DT

8. The customs transactions connected with acceptance of DT, registration and refusal in registration of DT are performed according to the Decision of Board of the Eurasian economic commission of July 2, 2014 No. 98 "About the Instruction about order of registration or refusal in registration of the declaration for goods (further - the Order of registration or refusal in registration of the declaration for goods).

9. The authorized officer accepts DT given the customs applicant or the customs representative by fixation of date and time of giving of DT, its electronic copy and necessary documents in the magazine of registration of DT in paper and (or) electronic type in form according to appendix 1 to these rules.

The refusal in acceptance of DT is forbidden.

10. When giving DT by the customs applicant or customs representative, the authorized officer checks availability of the documents specified in articles 281 and 282 of the Code represented in case of customs declaration of goods.

11. Acceptance of DT is confirmed by putting down on two copies of the inventory of date and time by the authorized officer, with indication of its surname and initials, the signature and print of personal number seal.

12. In case of acceptance of DT the authorized officer checks terms of its giving.

If DT is given with violation of terms, stipulated in Clause 283 Codes, the authorized officer takes the measures provided by the Code of the Republic of Kazakhstan of July 5, 2014 "About administrative offenses".

13. The authorized officer in time no more than thirty minutes from the moment of giving of DT makes its registration.

Registration of DT is made in the presence of payment confirmation of customs duty for customs declaration of goods according to article 138 of the Code and lack of the bases in refusal of registration of DT.

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