ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of April 28, 2021 No. 407

About approval of Rules of application of electronic customs escort of vehicles, and also interactions of bodies of state revenues, the customs applicant, the national operator of information system of tracking of transportations and carrier in case of electronic customs escort of vehicles, interaction implementation (including information) between the national operator of information system of tracking of transportations and authorized body in the field of customs affairs when tracking transportations with use of navigation seals

According to Item 6 of article 437 of the Code of the Republic of Kazakhstan "About customs regulation in the Republic of Kazakhstan" I ORDER:

1. Approve the enclosed Rules of application of electronic customs escort of vehicles, and also interactions of bodies of state revenues, the customs applicant, the national operator of information system of tracking of transportations and carrier in case of electronic customs escort of vehicles, and interaction implementation (including information) between the national operator of information system of tracking of transportations and authorized body in the field of customs affairs when tracking transportations with use of navigation seals.

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

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

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

3) 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) and 2) of this Item.

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

Approved by the Order of the Minister of Finance of the Republic of Kazakhstan of April 28, 2021 No. 407

Rules of application of electronic customs escort of vehicles, and also interactions of bodies of state revenues, the customs applicant, the national operator of information system of tracking of transportations and carrier in case of electronic customs escort of vehicles, interaction implementation (including information) between the national operator of information system of tracking of transportations and authorized body in the field of customs affairs when tracking transportations with use of navigation seals

Chapter 1. General provisions

1. These rules of application of electronic customs escort of vehicles, and also interactions of bodies of state revenues, the customs applicant, the national operator of information system of tracking of transportations and carrier in case of electronic customs escort of vehicles, interaction implementation (including information) between the national operator of information system of tracking of transportations and authorized body in the field of customs affairs when tracking transportations with use of navigation seals (further - Rules) are developed according to Item 6 of article 437 of the Code of the Republic of Kazakhstan "About customs regulation in the Republic of Kazakhstan" and Item 6 of article 6-2 of the Law of the Republic of Kazakhstan "About transport in the Republic of Kazakhstan" (further - the Law).

These rules determine procedure for application of electronic customs escort of the vehicles transporting goods according to customs procedure of customs transit, and also interaction of bodies of state revenues, the customs applicant, the national operator of information system of tracking of transportations and carrier when implementing electronic customs escort of vehicles, interaction implementation (including information) between the national operator of information system of tracking of transportations and authorized body in the field of customs affairs when tracking transportations with use of navigation seals.

2. Electronic customs escort of vehicles is performed by the national operator of information system of the tracking of transportations, by tracking moved according to customs procedure of customs transit of the vehicle on which the technical equipment of system of satellite navigation allowing to determine location of the vehicle and integrity of navigation seal, by means of signal transmission on communication channels is installed.

The national operator is determined by the Government of the Republic of Kazakhstan according to article 6-2 of the Law.

The national operator provides access of state revenues to bodies to information system of tracking of transportations, by installation of the automated workplaces.

3. In these rules the following concepts are used:

1) customs authority of departure - body of state revenues which makes the customs transactions connected with goods placement under customs procedure of customs transit;

2) customs authority of appointment - the body of state revenues in zone (region) of activities of which is the delivery location of goods determined by customs authority of departure or which completes action of customs procedure of customs transit;

3) body of state revenues - the state body which within the competence is performing ensuring receipts of taxes and other obligatory payments in the budget, customs regulation in the Republic of Kazakhstan, powers according to the prevention, identification, suppression and disclosure of the administrative offenses carried by the legislation of the Republic of Kazakhstan to maintaining this body, and also which is carrying out other powers, stipulated by the legislation the Republic of Kazakhstan;

4) activation of navigation seal - statement of navigation seal on control in information system of the national operator and the beginning of observation of transportation of goods;

5) deactivation of navigation seal - removal of the imposed navigation seal from control in information system of the national operator and completion of observation of transportation of goods;

6) the authorized officer - the employee of bodies of state revenues or customs authorities of state member of the Eurasian Economic Union performing the customs transactions connected with customs procedure of customs transit;

7) the national operator of information system of tracking of transportations (further - the national operator) - the legal entity providing tracking of transportations with use of navigation seals

8) emergency situation - loss of signal of navigation seal more than 3 (three) hours, unauthorized removal of navigation seal, variation from route (if such route is established).

4. The national operator, according to article 6-1 of the Law, provides to carriers services in electronic customs escort with use of navigation seals according to the civil legislation of the Republic of Kazakhstan.

Chapter 2. Procedure for application of electronic customs escort of vehicles

5. The decision on electronic customs escort of vehicles is made by the head of the body of state revenues making the customs transactions connected with goods placement under customs procedure of customs transit in the cases determined by risk management system concerning the goods moved according to Item 2 of article 437 of the Code.

In case of acceptance by body of state revenues of the decision on application of electronic customs escort of vehicles, the body of state revenues according to Item 5 of article 437 of the Code informs the customs applicant, carrier and the national operator of information system of tracking of transportations on adoption of such decision and will organize electronic customs escort of vehicles no later than 24 (twenty four) hours from the moment of adoption of such decision.

6. Imposing and removal of navigation seals, and also their activation and deactivation are performed by bodies of state revenues in the presence of the responsible person of the national operator.

7. In the cases determined by risk management system, bodies of state revenues are organized by implementation of electronic customs escort.

At the same time, the authorized officer of customs authority of departure performs customs examination of the vehicle with goods by results of which the statement of customs examination of the vehicle 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" is drawn up.

Information on application of electronic customs escort of vehicles goes to customs authority of appointment on operational communication channels.

Are provided by carrier or the customs applicant of the goods declared according to customs procedure of customs transit the information on registration number of the transit declaration (if the transit declaration was presented to customs authority of departure in the form of the electronic document) or the transit declaration (its copy) or transport (transportation), business documents used as the transit declaration (if the transit declaration was represented to customs authority of departure on paper).

8. After registration by body of state revenues and provision by carrier or the customs applicant of the goods declared according to customs procedure of customs transit, the documents specified in Item 7 of these rules, the authorized officer of customs authority of departure in terms, stipulated in Item 1 article 193 of the Code informs the national operator on imposing and activation of navigation seal.

Information sent to the national operator contains the following data:

1) unique number of navigation seal;

2) number of the transit declaration;

3) state registration number of the vehicle;

4) code and name of customs authority of appointment;

5) term of customs transit;

6) transportation route.

The quantity of the used navigation seals is determined proceeding from quantity and (or) design features of cargo sections of the accompanied vehicle.

Imposing of navigation seals on the locking device of cargo section of the vehicle is performed in the customs control zone of customs authority of departure.

9. The authorized officer of customs authority of departure in the presence of the authorized person of the national operator imposes navigation seal on the locking device of cargo section of the vehicle then the national operator activates it and enters the information specified in Item 8 of these rules, received from the authorized officer of customs authority of departure.

10. The authorized officer of customs authority of departure, after imposing of navigation seal and activation of seal by the national operator, checks receipt of signal of the location of the vehicle and integrity of navigation seal in the information system used by bodies of state revenues.

11. The national operator provides tracking of the accompanied vehicle on all transit from customs authority of departure to customs authority of appointment by ensuring work of information system of tracking of transportations on permanent basis within twenty four hours a day, seven days a week.

In case of emergency situations in the course of implementation of electronic customs escort of vehicles, the national operator, in time no later than one hour after emergence of emergency situation, informs authorized officers of customs authority of departure and appointment.

12. After arrival of the accompanied vehicles in delivery location, before completion of action of customs procedure of customs transit, according to Item 2 of article 231 of the Code, the carrier places the vehicle in the customs control zone which is in the region of activities of customs authority of appointment where the authorized officer of customs authority of appointment provides removal of navigation seal from cargo sections and transfer to her national operator.

13. Electronic customs escort of vehicles at stage of making of the customs transactions connected with completion of action of customs procedure of customs transit comes to the end.

For completion of action of customs procedure of customs transit carrier or the customs applicant of the goods placed under customs procedure of customs transit according to Item 3 of the these rules of registration of submission of documents represented for completion of action of customs procedure of customs transit, approved by the order of the Minister of Finance of the Republic of Kazakhstan of February 16, 2018 No. 216 "About some questions of arrival and customs transit of goods and vehicles" (it is registered in the Register of state registration of regulatory legal acts at No. 16535) (further - Rules of registration), represents to customs authority of purpose of the data on registration number of the transit declaration (if the transit declaration was presented to customs authority of departure in the form of the electronic document) or the transit declaration (its copy) or used as the transit declaration transport (transportation), business or other documents with marks of customs authority of departure about release of goods according to customs procedure of customs transit, and also other documents which are available for it concerning goods (if the transit declaration was represented to customs authority of departure on paper).

After registration of submission of documents, the Rules of registration provided for completion of action of customs procedure of customs transit according to Item 8, the authorized officer before completion of action of customs procedure of customs transit, in terms stipulated in Item the 7th article 231 of the Code, makes customs examination of the vehicle which arrived under electronic customs escort by results of which the statement of customs examination is drawn up (it is constituted in customs authority of appointment).

On condition of integrity of the imposed navigation seals and cargo sections of the vehicle, lack of information from the national operator on emergency situations in case of electronic customs escort of vehicles, and also traces of unauthorized access to goods, the authorized officer of customs authority of appointment completes electronic customs escort of vehicles.

For completion of electronic customs escort of vehicles, the authorized officer, in terms stipulated in Item the 7th article 231 of the Code, sends to the national operator information on need of deactivation of navigation seal then deletes seal from the locking device of cargo section of the vehicle.

Information sent to the national operator contains the following data:

1) unique number of navigation seal;

2) number of the transit declaration;

3) state registration number of the vehicle.

14. The national operator after receipt of information specified in Item 13 of these rules in time no later than one hour deactivates navigation seal.

Removal of navigation seals from the locking device of cargo section of the vehicle is performed in the customs control zone of customs authority of appointment.

15. In case of identification by results of carrying out customs control of signs of the fact that the arrived goods do not correspond to the data on goods specified in the transit declaration according to which goods arrived to delivery location or along the line concerning these goods illegal actions (substitution, change of quantity (quality)) are made, or from the national operator information on emergency situation in the course of electronic customs escort of vehicles arrived, such goods belong to the category of high risk level of violation of the customs legislation of the Eurasian Economic Union and (or) the Republic of Kazakhstan.

Concerning such goods, in terms stipulated in Item the 8th article 231 of the Code, customs examination of the vehicle which arrived under electronic customs escort by results of which the statement of customs examination is drawn up (it is constituted in customs authority of appointment) 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" is carried out.

Chapter 3. Order of interaction of bodies of state revenues, the customs applicant, the national operator of information system of tracking of transportations and carrier in case of electronic customs escort of vehicles, interaction implementation (including information) between the national operator of information system of tracking of transportations and authorized body in the field of customs affairs when tracking transportations with use of navigation seals

16. The body of state revenues interacts with the national operator.

Within such interaction body of state revenues:

brings information on decision making on application/completion of electronic customs escort of vehicles to the national operator;

provides imposing/removal, navigation seals based on information specified in Items 8 and 13 of these rules;

national operator:

provides access to information system of the national operator when implementing electronic customs escort of vehicles on the territory of the Republic of Kazakhstan;

provides activation/deactivation of navigation seals based on information specified in Items 8 and 13 of these rules;

leads up data on the vehicle moved using electronic customs escort of vehicles and the fixed emergency situations according to Item 3 of these rules.

17. The body of state revenues interacts with the customs applicant of the goods declared according to customs procedure of customs transit and carrier.

Within such interaction:

the body of state revenues brings information on decision making on application/completion of electronic customs escort of vehicles to the customs applicant of the goods declared according to customs procedure of customs transit and carrier;

the customs applicant of the goods declared according to customs procedure of customs transit and carrier provide provision of the documents and data provided by Items 7 and 13 of these rules.

18. The national operator interacts with the customs applicant of the goods declared according to customs procedure of customs transit and carrier.

Within such interaction national operator:

1) according to the civil legislation of the Republic of Kazakhstan signs the contract with the customs applicant of the goods declared according to customs procedure of customs transit and carrier for rendering services in implementation of electronic customs escort of vehicles using navigation seals;

2) ensures functioning of information system of tracking of transportations on permanent basis within twenty four hours a day, seven days a week;

3) is provided by storage of data and information in information system of tracking of transportations within five years. The specified storage duration according to article 6-2 of the Law is estimated from the date of, following behind day of deactivation of the navigation seal used when tracking transportations.

 

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