ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of December 13, 2021 No. 376

About some questions of export of separate goods from the territory of the Republic of Kazakhstan

According to Item 2 of Article 17 and Item 3 of article 18 of the Law of the Republic of Kazakhstan "On regulation of trading activity" I ORDER:

1. Approve:

1) Rules for apportionment of quantitative restrictions (quotas) according to appendix 1 to this order;

2) the Inventory concerning which export from the territory of the Republic of Kazakhstan quantitative restrictions (quotas), according to appendix 2 to this order are introduced.

2. Declare invalid the order of the acting minister of agricultural industry of the Republic of Kazakhstan of August 20, 2021 No. 246 "About some questions of export of separate goods from the territory of the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts No. 24071).

3. And conversions of agricultural products of the Ministry of Agriculture of the Republic of Kazakhstan in the procedure established by the legislation to provide to department of the agrofood markets:

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 Agriculture of the Republic of Kazakhstan after its official publication.

4. To impose control of execution of this order on the supervising vice-Minister of Agriculture of the Republic of Kazakhstan.

5. This order becomes effective after day of its first official publication and is effective till July 1, 2022.

It is approved Ministry of Finance of the Republic of Kazakhstan

It is approved Ministry of Trade and integration of the Republic of Kazakhstan

It is approved Committee of homeland security of the Republic of Kazakhstan

It is approved Ministry of national economy of the Republic of Kazakhstan

 

Appendix 1

to the Order of the Minister of Agriculture of the Republic of Kazakhstan of December 13, 2021 No. 376

 Rules for apportionment of quantitative restrictions (quotas)

Chapter 1. General provisions

1. These rules of distribution of quantitative restrictions (quotas) (further – Rules) are developed according to Item 3 of article 18 of the Law of the Republic of Kazakhstan "On regulation of trading activity" and determine procedure for distribution of quantitative restrictions (quotas).

2. In these rules the following concepts are applied:

1) the commodity nomenclature of foreign economic activity of the Eurasian Economic Union – commodity description and coding system which is used for classification of goods for the purpose of application of measures of customs and tariff regulation, export customs duties, prohibitions and restrictions, measures of protection of the domestic market, maintaining customs statistics;

2) participants of foreign trade activity (further – the applicant) – the physical persons performing foreign trade activity including registered as individual entrepreneurs according to the legislation of the Republic of Kazakhstan and the legal entities created according to the legislation of the Republic of Kazakhstan, and also the organization not being legal entities;

3) goods – the goods made in the territory of the Republic of Kazakhstan, and specified in the inventory concerning which export from the territory of the Republic of Kazakhstan quantitative restrictions (quotas) according to appendix 2 to this order are introduced.

Chapter 2. Procedure for distribution of quantitative restrictions (quotas)

3. The Ministry of Agriculture of the Republic of Kazakhstan (further – authorized body) places on Internet resource of authorized body (www.gov.kz) the announcement of order taking for receipt of quota for commodity exportation from the territory of the Republic of Kazakhstan (further – the announcement) for February-June, 2022.

In the announcement the following information is specified: description of goods, monthly amount of the distributed quota, admissible monthly limit on application for one applicant, amount of the guaranteed deliveries of sunflower oil to the domestic market of the Republic of Kazakhstan, the list of necessary documents for receipt of quota, date and time of the beginning and completion of order taking, legal address of authorized body, the e-mail address of office of authorized body.

4. The authorized body sets for action of quota admissible monthly limit for application for one applicant: on export of seeds of sunflower – no more than 1000 (one thousand) tons, on export of sunflower oil by the producer of sunflower oil – no more than 6000 (six thousand) tons.

5. Applicants on condition of adoption of obligations by them about the guaranteed deliveries to the domestic market of sunflower oil in amount to 20 (twenty) percent from the quota allocated to them for the corresponding month are allowed to distribution of quota for export of sunflower oil from the territory of the Republic of Kazakhstan.

6. For receipt of quota for commodity exportation from the territory of the Republic of Kazakhstan to the third countries and to the countries of the Eurasian Economic Union the applicant submits the application for receipt of quota for commodity exportation in form according to appendix 1 to these rules (further – the request).

Each applicant submits only one application for the corresponding month.

The following documents are attached to the request:

1) copies of contracts (agreements) based on which commodity exportation is performed (for the currency agreement on export, with indication of details of the accounting number assigned by authorized bank (its branch) or territorial branch of National Bank of the Republic of Kazakhstan);

2) the copy of the grain receipt or the document on warehousing of seeds of sunflower with indication of the warehouse address (are provided by the applicant for receipt of quota for export of seeds of sunflower);

3) the comfort letter from the producer of sunflower oil about the export partner or about affiliation of legal person applicant in case of export of sunflower oil on behalf of the producer of sunflower oil.

At the same time, the producer of sunflower oil provides only one comfort letter on the export partner or the affiliated legal entity.

7. The request signed by the first head of the applicant, or the authorized person based on the relevant document confirming powers, and the documents attached to the request are provided purposely through office of authorized body or in electronic form on the e-mail address of office of authorized body.

The request and documents attached to the request are accepted and registered in office of authorized body in day of their receipt with assignment of registration number and date, and go to the structural division of authorized body which is directly performing consideration of documents.

In case of the address of the applicant after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan, documents acceptance is performed in the next working day following it.

8. The authorized body within 5 (five) working days from the date of receipt of documents checks the submitted documents regarding completeness and compliance to requirements of these rules.

In case of establishment of incompleteness of the submitted documents and (or) discrepancy of documents to requirements of these rules, the authorized body sends to the applicant the notification in which specifies what requirements are not conformed by the submitted documents. The notification goes to the e-mail address specified by the applicant in the request.

Term for reduction of documents in compliance with requirements of these rules constitutes 2 (two) working days from the moment of receipt of the notification by the applicant.

If after 2 (two) working days the applicant did not bring documents into accord with requirements of these rules, the authorized body directs to the e-mail address of the applicant specified in the request, motivated refusal with indication of specific causes of failure in further review of the request.

9. After the termination of terms of consideration of the documents specified in Item 8 of these rules, the authorized body within 5 (five) working days distributes amounts of quota for commodity exportation from the territory of the Republic of Kazakhstan in the following procedure:

1) the total declared amount for receipt of quota for commodity exportation from the territory of the Republic of Kazakhstan for the planned month is calculated (further – the total declared amount);

2) the specific weight of each applicant in the total declared amount is determined;

3) if the total declared amount exceeds the quota amount established for the corresponding month, the quota amount for each applicant is calculated in proportion to its share in the total declared amount on the following formula:

V * Uz = Vz, where:

V – the quota amount established for the corresponding month, ton;

Uz – specific weight of the applicant in the general declared export volume, %;

Vz – amount of quota of the applicant, ton.

10. Following the results of distribution of amount of quota the authorized body within 1 (one) working day creates and places the summary list of the participants of foreign trade activity who received commodity exportation quotas from the territory of the Republic of Kazakhstan in form according to appendix 2 to these rules on Internet resource of authorized body.

11. Territorial subdivisions of Committee of the state inspection in agro-industrial complex of the Ministry of Agriculture of the Republic of Kazakhstan (further – territorial subdivisions) according to the Rules on protection of the territory of the Republic of Kazakhstan from quarantine objects and alien types approved by the order of the Minister of Agriculture of the Republic of Kazakhstan of June 29, 2015 No. 15-08/590 (it is registered in the Register of state registration of regulatory legal acts No. 12032), issue the phytosanitary certificate to persons included in the summary list of the participants of foreign trade activity who received commodity exportation quota from the territory of the Republic of Kazakhstan placed on Internet resource of authorized body.

The phytosanitary certificate is issued on export from the territory of the Republic of Kazakhstan of goods based on the data specified in the summary list of the participants of foreign trade activity who received commodity exportation quotas from the territory of the Republic of Kazakhstan according to appendix 2 to these rules.

In case of establishment of unauthenticity of the data containing in the statement of the applicant on receipt of the phytosanitary certificate with the data specified in the list of the participants of foreign trade activity who received commodity exportation quotas from the territory of the Republic of Kazakhstan according to appendix 2 to these rules, territorial subdivisions refuse issue of the phytosanitary certificate.

12. Goods can be exported from the territory of the Republic of Kazakhstan within the received amounts of quotas during the effective period of quota specified in appendix 2 to this order.

13. The realization of the guaranteed sunflower oil amount on the domestic market is enabled by the applicant during quota effective period.

Applicants monthly, to the 30th day of the corresponding month, notify authorized body on realization of the guaranteed sunflower oil amount on the domestic market with appendix of supporting documents.

14. In case of refusal the applicant from earlier received quota amount, the applicant sends to authorized body the letter on refusal of quota with indication of description of goods and amount of allocated quota.

15. In the presence of amounts of the quotas for commodity exportation which remained unallotted the announcement is placed authorized body no later than 25 working days before the termination of effective period of quota.

16. The participants of foreign trade activity who allowed non-execution of the undertaken obligations provided by these rules to distribution of quotas further are not allowed.

Appendix 1

to Rules for apportionment of quantitative restrictions (quotas)

Form

In the Ministry of Agriculture Republic of Kazakhstan

The request for receipt of quota for commodity exportation on _________ 20 ___ years

__________________________________________________________________________

(full name of the legal entity or surname, name, middle name (in the presence) physical person)

asks to allocate commodity exportation quota from the territory of the Republic of Kazakhstan.

The planned export volume makes:

____________________________________________________________________

(description of goods, code of the Commodity nomenclature external economic

activities of the Eurasian Economic Union (further – the CN FEA EEU)

__________________________________________________________ thousands of tons;

         (description of goods, code of the CN FEA EEU)

__________________________________________________________ thousands of tons;

The place of shipment is: _____________________________________________

                                                     (area, city, area, station)

Shipment type: ________________________________________________________

                           (car, container, road transport)

Type of activity (code on the general qualifier of types of economic activity)
Address of the location (legal address) of the applicant
Phone, e-mail of the applicant
Individual identification number / бизнес-идентификационный number of the applicant
The name of the producer of sunflower oil (it is filled with the applicant on receipt of quota for export of sunflower oil)
Capacity of production of sunflower oil on finished goods, tons/days (it is filled with the applicant on receipt of quota for export of sunflower oil)
Contract number (agreements)
Date of the contract (agreement)
Accounting contract number (agreements)
Code of the CN FEA EEU
Description of goods
Quantity according to the contract (agreement), tons
The cost of the contract (agreement), in dollars of the United States of America
Availability of seeds of sunflower at the producer of sunflower oil at the time of application, tons (it is filled with the applicant on receipt of quota for export of sunflower oil)
Sunflower oil availability at the producer of the sunflower oil (refined and (or) not refined) at the time of application, tons (it is filled with the applicant on receipt of quota for export of sunflower oil)

I assume obligation on the guaranteed delivery to the domestic market of sunflower oil in amount to 20 percent from allocated quota for the corresponding month.

I confirm reliability of the provided information, it is informed on responsibility for submission of false information according to the Code of the Republic of Kazakhstan "About administrative offenses" and I agree to use of the data which are the secret protected by the law and also to collection, processing of personal data.

____________ ____________________________________ _______________
           (position) (surname, name, middle name (in the presence) (signature)

"____" _____ 20 ___ years

Appendix 2

to Rules for apportionment of quantitative restrictions (quotas)

Form

The list of the participants of foreign trade activity who received commodity exportation quotas from the territory of the Republic of Kazakhstan on ___________ month 20 __ years

№ of payment order	Name of the participant of foreign trade activity (affiliated legal entity, export partner)	Business and identification number / individual identification number	Description of goods and code of the Commodity nomenclature of foreign economic activity of the Eurasian Economic Union (CN FEA EEU)	Quantity, tons	Place of shipment	Date of distribution of quota	Expiry date of quota

 

Appendix 2

to the Order Minister of Agriculture of the Republic of Kazakhstan of December 13, 2021 No. 376

The inventory concerning which export from the territory of the Republic of Kazakhstan quantitative restrictions (quotas) are introduced

Code of the Commodity nomenclature of foreign economic activity of the Eurasian Economic Union (further – the CN FEA EEU)	Description of goods *	Size of quota, tons	Effective period
1206 00 100 0	Sunflower seeds, crushed or not crushed for crops	125 000	From December, 2021 to July 1, 2022
1206 00 990 0	Other seeds of sunflower, crushed or not crushed
1512 11 910 1 **	The crude sunflower oil which is not refined in primary packages net - amount of 10 liters or less	114 000	till June 1, 2022
1512 11 910 9 **	The crude sunflower oil which is not refined in primary packages net - amount more than 10 liters
1512 19 900 2 **	Other sunflower oil or its fractions in primary packages net - amount of 10 liters or less
1512 19 900 9 **	Other the sunflower oil refined or not refined and their fractions

Note:

* For the purposes of application of quantitative restrictions (quotas) goods are determined only by codes of the CN FEA EEU.

** For the purposes of application of quantitative restrictions (quotas) goods are determined both by codes of the CN FEA EEU, and names of goods.

 

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