of November 19, 2024 No. 401
About approval of rules of import to the territory of the Republic of Kazakhstan from the countries which are not entering into the Eurasian Economic Union and export from the territory of the Republic of Kazakhstan to these countries of gemstones, jewelry and other products, import to the territory of the Republic of Kazakhstan and export from the territory of the Republic of Kazakhstan of the rough natural diamonds taking into account the scheme of certification of the Kimberley process
According to subitems 3) and 4) of article 4 of the Law of the Republic of Kazakhstan "About precious metals and gemstones" I ORDER:
1. Approve enclosed:
1) Rules of import to the territory of the Republic of Kazakhstan from the countries which are not entering into the Eurasian Economic Union and export from the territory of the Republic of Kazakhstan to these countries of gemstones, jewelry and other products, according to appendix 1 to this order;
2) Rules of import to the territory of the Republic of Kazakhstan and export from the territory of the Republic of Kazakhstan of the rough natural diamonds taking into account the scheme of certification of the Kimberley process, according to appendix 2 to this order.
2. To provide to committee of the industry of the Industry ministry and construction of the Republic of Kazakhstan in the procedure established by the legislation:
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 Industry ministry and construction of the Republic of Kazakhstan.
3. To impose control of execution of this order on the supervising vice-Minister of Industry and construction of the Republic of Kazakhstan.
4. This order becomes effective after ten calendar days after day of its first official publication.
Acting minister of the industry and construction of the Republic of Kazakhstan
R. Isakulov
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It is approved Ministry of Trade and integration of the Republic of Kazakhstan |
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It is approved Ministry of national economy of the Republic of Kazakhstan |
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It is approved Ministry of Finance of the Republic of Kazakhstan |
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Appendix 1
to the Order of the acting minister of the industry and construction of the Republic of Kazakhstan of November 19, 2024 No. 401
1. These rules of import to the territory of the Republic of Kazakhstan from the countries which are not entering into the Eurasian Economic Union (further - the Union), and export from the territory of the Republic of Kazakhstan to these countries of gemstones, jewelry and other products (further - Rules) are developed according to the subitem 3) of article 4 of the Law of the Republic of Kazakhstan "About precious metals and gemstones" (further - the Law).
2. The basic concepts used in these rules:
1) examination of gemstones, jewelry and other products from precious metals and gemstones (further - examination) - the organization and carrying out the testing performed by authorized organizations, the including identifications of gemstones and approbation of precious metals in jewelry and other products from precious metals and gemstones, check of authenticity of prints of assay brands;
2) jewelry and other products from precious metals and gemstones (further - jewelry and other products) - products, except for coins from precious metals, made of gemstones, precious metals and their alloys with use of different types of art processing, with inserts from gemstones and other materials of natural or artificial origin or without them, applied as different jewelry, utilitarian household items and (or) to the cult and decorative purposes;
3) authorized body - the central executive body performing management and also in limits, stipulated by the legislation the Republic of Kazakhstan, cross-industry coordination in the field of regulation of production of precious metals and turnover of precious metals and gemstones, the primary goods containing precious metals, jewelry and other products;
4) authorized organization - the legal entity accredited according to the legislation of the Republic of Kazakhstan on accreditation in the field of assessment of conformity on conducting examination.
3. When importing to the territory of the Republic of Kazakhstan from the countries which are not entering into the Union (further - import), gemstones, jewelry and other products before making of the customs transactions connected with customs declaring and customs clearance expertize by authorized organization is carried out. Expertize is carried out on paid basis according to the Rules of conducting examination of gemstones, jewelry and other products from precious metals and gemstones approved by the order of the Minister of investments and development of the Republic of Kazakhstan of April 28, 2016 No. 401 (it is registered in the Register of state registration of regulatory legal acts at No. 13760) (further - Rules of conducting examination).
4. The state control is exercised by authorized body according to the decision of Board of the Eurasian economic commission of April 21, 2015 No. 30 "About measures of non-tariff regulation" (further - the Decision) and the Law through the customs posts determined according to item 4 of the Regulations on import to customs area of the Eurasian Economic Union and export from customs area of the Eurasian Economic Union of the precious metals and primary goods containing precious metals (appendix No. 14 to the Decision).
5. When importing gemstones, jewelry and other products for implementation of the state control the applicant (the authorized representative of the applicant) submits the following documents to authorized body:
1) the electronic copy of the agreement in foreign trade (contract), appendix and (or) amendment to it in the state and/or Russian languages, and in case of lack of the agreement in foreign trade (contract) - the copy of other document confirming intentions of the parties in the state and/or Russian languages.
If the agreement in foreign trade (contract) or other document confirming intentions of the parties in the state and/or Russian languages is absent, the translation fastened and certified by the applicant in the state and/or Russian languages is applied to the copy of the agreement (contract) or other document confirming intentions of the parties (with indication of position and date, the sign and seal of the applicant);
2) electronic copy of the expert opinion of authorized organization.
6. The act of the state control is drawn up and issued to the applicant (the authorized representative of the applicant) within 1 (one) working day from the moment of receipt of documents.
7. The refusal in issue of the act of the state control when importing is performed on the following bases:
1) the documents provided by the applicant (the authorized representative of the applicant) for implementation of the state control contain incomplete or false information;
2) requirements, stipulated in Item 5 these rules are not followed;
3) the batch does not correspond to the documents submitted by the applicant (the authorized representative of the applicant) for implementation of the state control.
8. The motivated decision on refusal in issue of the act of the state control is issued during the term specified in Item 6 of these rules in electronic form.
9. After passing of the state control when importing gemstones, jewelry and other products and receipts of the act of the state control the applicant (the authorized representative of the applicant) makes the customs transactions connected with customs declaring and customs clearance of gemstones, jewelry and other products according to the customs legislation of the Republic of Kazakhstan.
10. When exporting from the territory of the Republic of Kazakhstan to the countries which are not entering into the Union (further - export), gemstones, jewelry and other products expertize by authorized organization is carried out. Expertize is carried out on paid basis according to Rules of conducting examination.
11. The state control is exercised by authorized body according to the Decision and the Law through the customs posts determined according to item 4 of the Regulations on import to customs area of the Eurasian Economic Union and export from customs area of the Eurasian Economic Union of the precious metals and primary goods containing precious metals (appendix No. 14 to the Decision).
12. When exporting gemstones, jewelry and other products the applicant (the authorized representative of the applicant) submits the following documents to authorized body:
1) the electronic copy of the agreement in foreign trade (contract), appendix and (or) amendment to it in the state and/or Russian languages, and in case of lack of the agreement in foreign trade (contract) - the copy of other document confirming intentions of the parties in the state and/or Russian languages.
If the agreement in foreign trade (contract) or other document confirming intentions of the parties in the state and/or Russian languages is absent, the translation fastened and certified by the applicant in the state and/or Russian languages is applied to the copy of the agreement (contract) or other document confirming intentions of the parties (with indication of position and date, the sign and seal of the applicant);
2) electronic copy of the expert opinion of authorized organization.
13. The act of the state control is drawn up and issued to the applicant (the authorized representative of the applicant) within 1 (one) working day from the moment of receipt of documents.
14. The refusal in issue of the act of the state control when exporting is performed on the following bases:
1) the documents provided by the applicant (the authorized representative of the applicant) for implementation of the state control contain incomplete or false information;
2) requirements, stipulated in Item 12 these rules are not followed;
3) the batch does not correspond to the documents submitted by the applicant (the authorized representative of the applicant) for implementation of the state control;
4) the contractual cost established in the agreement in foreign trade (contract) or other document, confirmatory intention of the parties, below total cost containing in them precious metals and gemstones in the form of inserts, except for coins (only from precious metals with inserts from gemstones or without inserts from gemstones, code from the 7118th the commodity nomenclature of foreign economic activity).
15. The motivated decision on refusal in issue of the act of the state control is issued during the term specified in Item 13 of these rules in electronic form.
16. After passing of the state control on export of gemstones, jewelry and other products and receipt of the act of the state control the applicant (the authorized representative of the applicant) makes the customs transactions connected with customs declaring and customs clearance of gemstones, jewelry and other products according to the customs legislation of the Republic of Kazakhstan.
Appendix 2
to the Order of the acting minister of the industry and construction of the Republic of Kazakhstan of November 19, 2024 No. 401
1. These rules of import to the territory of the Republic of Kazakhstan and export from the territory of the Republic of Kazakhstan of the rough natural diamonds taking into account the scheme of certification of the Kimberley process (further - Rules) are developed according to the subitem 4) of article 4 of the Law of the Republic of Kazakhstan "About precious metals and gemstones" (further - the Law).
2. Import and export of the rough natural diamonds are performed in the containers protected from unauthorized opening.
3. Exchange of information with the secretariat of the Kimberley process is performed by authorized body by the electronic message.
4. The basic concepts used in these rules:
1) the certificate of the international scheme of certification of the rough natural diamonds (the certificate of the Kimberley process) (further - the certificate of the Kimberley process) - the document, the established form which identifies batch of the rough natural diamonds as conforming to requirements of the scheme of certification;
2) authorized body - the central executive body performing management and also in limits, stipulated by the legislation the Republic of Kazakhstan, cross-industry coordination in the field of regulation of production of precious metals and turnover of precious metals and gemstones, the primary goods containing precious metals, jewelry and other products;
3) authorized organization - the legal entity accredited according to the legislation of the Republic of Kazakhstan on accreditation in the field of assessment of conformity on conducting examination.
5. When importing to the territory of the Republic of Kazakhstan (further - import) the rough natural diamonds taking into account the scheme of certification of the Kimberley process data on the certificate of the Kimberley process are represented to body of state revenues (with indication of certificate number, date of issue and effective period of the certificate).
6. In case of non-presentation of the specified data or expiration of the certificate of the Kimberley process, import of batch of the rough natural diamonds to the territory of the Republic of Kazakhstan is not allowed.
7. When importing the rough natural diamonds before making of the customs transactions connected with customs declaring and customs clearance expertize by authorized organization is carried out. Expertize is carried out on paid basis according to the Rules of conducting examination of gemstones, jewelry and other products from precious metals and gemstones approved by the order of the Minister of investments and development of the Republic of Kazakhstan of April 28, 2016 No. 401 (it is registered in the Register of state registration of regulatory legal acts at No. 13760) (further - Rules of conducting examination).
8. The state control is exercised by authorized body according to the decision of Board of the Eurasian economic commission of April 21, 2015 No. 30 "About measures of non-tariff regulation" (further - the Decision) and the Law through the customs posts determined according to Item 5 of the Regulations on import to customs area of the Eurasian Economic Union and export from customs area of the Eurasian Economic Union of gemstones (appendix No. 13 to the Decision).
9. When importing the rough natural diamonds the applicant (the authorized representative of the applicant) submits the following documents to authorized body:
1) the electronic copy of the agreement in foreign trade (contract), appendix and (or) amendment to it in the state and/or Russian languages, and in case of lack of the agreement in foreign trade (contract) - the copy of other document confirming intentions of the parties in the state and/or Russian languages.
If the agreement in foreign trade (contract) or other document confirming intentions of the parties in the state and/or Russian languages is absent, the translation fastened and certified by the applicant in the state and/or Russian languages is applied to the copy of the agreement (contract) or other document confirming intentions of the parties (with indication of position and date, the sign and seal of the applicant);
2) electronic copy of the expert opinion of authorized organization;
3) the certificate of the Kimberley process of the export state which is drawn up according to requirements of the international scheme of certification of the rough natural diamonds.
10. The act of the state control is drawn up and issued to the applicant (the authorized representative of the applicant) within 1 (one) working day from the moment of receipt of documents.
11. The refusal in issue of the act of the state control when importing is performed on the following bases:
1) the documents provided by the applicant (the authorized representative of the applicant) for implementation of the state control contain incomplete or false information;
2) requirements, stipulated in Item 9 these rules are not followed;
3) batches do not correspond to the documents submitted by the applicant (the authorized representative of the applicant) for implementation of the state control.
12. The motivated decision on refusal in issue of the act of the state control is issued during the term specified in Item 10 of these rules in electronic form.
13. After passing of the state control and receipt of the act of the state control when importing the rough natural diamonds the applicant (the authorized representative of the applicant) makes the customs transactions connected with customs declaring and customs clearance of the rough natural diamonds according to the customs legislation of the Republic of Kazakhstan.
14. When exporting from the territory of the Republic of Kazakhstan (further - export) the rough natural diamonds taking into account the scheme of certification of the Kimberley process before making of the customs transactions connected with customs declaring and customs clearance expertize by authorized organization is carried out. Expertize is carried out on paid basis according to Rules of conducting examination.
15. The state control is exercised by authorized body according to the Decision and the Law through the customs posts determined according to Item 5 of the Regulations on import to customs area of the Eurasian Economic Union and export from customs area of the Eurasian Economic Union of gemstones (appendix No. 13 to the Decision).
16. When exporting the rough natural diamonds the applicant (the authorized representative of the applicant) submits the following documents to authorized body:
1) the electronic copy of the agreement in foreign trade (contract), appendix and (or) amendment to it in the state and/or Russian languages, and in case of lack of the agreement in foreign trade (contract) - the copy of other document confirming intentions of the parties in the state and/or Russian languages.
If the agreement in foreign trade (contract) or other document confirming intentions of the parties in the state and/or Russian languages is absent, the translation fastened and certified by the applicant in the state and/or Russian languages is applied to the copy of the agreement (contract) or other document confirming intentions of the parties (with indication of position and date, the sign and seal of the applicant);
2) electronic copy of the expert opinion of authorized organization.
17. The act of the state control is drawn up and issued to the applicant (the authorized representative of the applicant) within 1 (one) working day from the moment of receipt of documents.
18. The refusal in issue of the act of the state control when exporting is performed on the following bases:
1) the documents provided by the applicant (the authorized representative of the applicant) for implementation of the state control contain incomplete or false information;
2) requirements, stipulated in Item 16 these rules are not followed;
3) batches do not correspond to the documents submitted by the applicant (the authorized representative of the applicant) for implementation of the state control.
19. The motivated decision on refusal in issue of the act of the state control is issued during the term specified in Item 17 of these rules in electronic form.
20. When implementing the state control by authorized body along with the act of the state control the certificate of the Kimberley process in the form approved by authorized body according to subitem 84-1) of Item 15 of the Regulations on the Industry ministry and the construction of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of October 4, 2023 No. 864 is drawn up and issued.
21. After passing of the state control and receipt of the act of the state control on export of the rough natural diamonds the applicant (the authorized representative of the applicant) makes the customs transactions connected with customs declaring and customs clearance of the rough natural diamonds according to the customs legislation of the Republic of Kazakhstan.
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