ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of February 20, 2018 No. 247

About some questions free (special, special) economic zone and customs procedure of free customs zone

According to Items 2, of 4, of the 6 and 7 Article 283, Items 6 and 10 of Article 285, Item 2 of Article 286, Items 10, of 11, of 12, of the 13 and 14 article 287 of the Code of the Republic of Kazakhstan of December 26, 2017 "About customs regulation in the Republic of Kazakhstan" and the subitem 2) of Item 3 of article 16 of the Law of the Republic of Kazakhstan of March 19, 2010 "About the state statistics" I ORDER:

1. Approve enclosed:

1) Requirements to arrangement of the territory free (special, special) economic zone (further - SEZ), including requirements for barrier and equipment of perimeter of such territory system of video surveillance, according to appendix 1 to this order;

2) Rules of providing the check mode in the territory of SEZ, including access for persons to such territory, according to appendix 2 to this order;

3) Rules of submission of the notification on commodity importation on the territory of SEZ and issue of export permits of goods from the territory of SEZ and on commodity importation in port SEZ or logistic SEZ according to appendix 3 to this order;

4) form of the notification on commodity importation on SEZ territory according to appendix 4 to this order;

5) form of the export permit of goods from SEZ territory according to appendix 5 to this order;

6) form of the import permit of goods in port SEZ or logistic SEZ according to appendix 6 to this order;

7) Rules of implementation by body of state revenues of identification of the goods imported on SEZ territory according to appendix 7 to this order;

8) Rules of accounting of the goods placed under customs procedure of free customs zone, and the goods made (received) of the goods placed under customs procedure of free customs zone, and also submission of the reporting on such goods to body of state revenues according to appendix 8 to this order;

9) Rules of issue by body of state revenues of the export permit of the goods placed under customs procedure of free customs zone, and (or) the goods made (received) of the goods placed under customs procedure of free customs zone from SEZ territory without completion of action of customs procedure of free customs zone according to appendix 9 to this order;

10) Cases in which transfer by the participant of SEZ of rights of possession, uses and (or) orders is allowed by the goods placed under customs procedure of free customs zone and (or) the goods made (received) of the goods placed under customs procedure of free customs zone, to other participant of this SEZ without completion of action of customs procedure of free customs zone according to appendix 10 to this order;

11) Rules and conditions of transfer of goods by the participant of SEZ of rights of possession, uses and (or) orders the goods placed under customs procedure of free customs zone and (or) the goods made (received) of the goods placed under customs procedure of free customs zone, to other participant of this SEZ without completion of action of customs procedure of free customs zone according to appendix 11 to this order;

12) Rules of implementation of identification of the foreign goods placed under customs procedure of free customs zone in the goods made (received) of the foreign goods placed under customs procedure of free customs zone according to appendix 12 to this order;

13) form of the act of burial, neutralization, utilization or destruction by different way of goods according to appendix 13 to the present of the order;

14) Rules of completion of action of customs procedure of free customs zone without goods placement under customs procedures according to appendix 14 to this order;

15) Rules of completion of action of customs procedure of free customs zone in case of liquidation (the activities termination) of person who is the participant of SEZ according to appendix 15 to this order.

2. Declare invalid the order of the Minister of Finance of the Republic of Kazakhstan of March 26, 2015 No. 210 "About some questions of special economic zone" (it is registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan at No. 11053, it is published on May 15, 2015 in it is information to system of law of Ad_let).

3. To committee of state revenues of the Ministry of Finance of the Republic of Kazakhstan (to Tengebayev A. M.) 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 from the date of state registration of this order the direction it the copy in paper and electronic type in the Kazakh and Russian languages 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 official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

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

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of Finance of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

4. This order becomes effective after ten calendar days after day of its first official publication.

Appendix 1

to the Order of the Minister of Finance of the Republic of Kazakhstan of February 20, 2018 No. 247

Requirements to arrangement of the territory free (special, special) economic zone, including requirements for barrier and equipment of perimeter of such territory system of video surveillance

1. Ensuring customs control on arrangement of the territory free (special, special) economic zone (further - SEZ) on which customs procedure of free customs zone is applied, it is performed with compulsory execution of the following requirements:

1) the territory of SEZ or its part on which customs procedure of free customs zone is applied from outer side are designated according to requirements, stipulated in Item the 5th article 404 of the Code of the Republic of Kazakhstan of December 26, 2017 "About customs regulation in the Republic of Kazakhstan" (further - the Code), and has the barrier allowing to determine its borders and excluding access for persons, goods and vehicles out of certain place according to these Requirements to arrangement of the territory of SEZ including requirements for barrier and equipment of perimeter of such territory system of video surveillance (further - Requirements);

2) availability of the sidings providing possibility of movement of vehicles (depending on mode of transport);

3) the perimeter of the customs control zone on which the transactions connected with loading, unloading or storage of goods to their room under customs procedure of free customs zone or other customs procedure are made is equipped with the system of video surveillance functioning in the round-the-clock mode, allowing to perform viewing of video information about the taken place events during the last thirty calendar days including in night-time.

2. The body of state revenues (further - OGD) determines the check-points (further - the check point) equipped and technically equipped for carrying out customs control, concerning the goods imported (exported) on (c) territory(territories) of SEZ in which customs procedure of free customs zone is applied, proceeding from feasibility of creation of such check points (geographical arrangement, cargo flow, priority and other factors of creation of the check point).

Are part of the check point:

the rooms with the equipped means of communication and intended for accommodation of officials of OGD exercising customs control concerning the goods imported (exported) on (c) territory(territories) of SEZ in which customs procedure of free customs zone is applied;

recreation room for officials of OGD in case of the round-the-clock operating mode.

Also check points are equipped with barriers (gate) and (or) devices blocking movement of vehicles.

3. The managing company and (or) the participant of SEZ, in case of creation of places of making of customs transactions, in the territory of SEZ allocates the equipped buildings or office rooms equipped with means of telecommunications for accommodation of officials of OGD, proceeding from its number.

4. Infrastructure facilities, including buildings, the check point, places of entrance (departure) and (or) entrance (exit) on (c) territory(territories) of SEZ or part of the territory of SEZ, service premises intended for accommodation of officials of OGD, and also the open areas included in the plan of arrangement of material equipment of SEZ, their quantity and arrangement necessary for implementation of customs control are determined by managing company and (or) the participant of SEZ from the notification OGD in which zone of activities SEZ is located.

5. Arrangement of the territory of SEZ, according to these Requirements are provided with managing company and (or) the participant of SEZ.

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