of November 18, 2010
The overview of trade policy of the Republic of Kazakhstan for 2009
The economic council of the Commonwealth of Independent States solved:
1. Take into consideration the Overview of trade policy of the Republic of Kazakhstan (is attached).
2. Send the provided Overview to the governments of gosudarstvuchastnik of the CIS for informing the interested ministries and departments.
3. To executive committee of the CIS to post the specified Overview on the website of Executive committee of the CIS on the Internet.
Chairman
Economic council
Commonwealths of Independent States I. Shuvalov
(it is prepared on the basis of the national report provided by the Ministry of Economic Development and Trade of the Republic of Kazakhstan)
The overview of trade policy of the Republic of Kazakhstan is constituted according to Procedure for carrying out reviews of trade policy of the states - members of the CIS, the approved Decision of Economic council of the Commonwealth of Independent States of March 15, 2002.
The overview is prepared by Executive committee of the CIS on the basis of the national report provided by the Ministry of Economic Development and Trade of the Republic of Kazakhstan (the letter of the vice-Minister of Economic Development and Trade of the Republic of Kazakhstan T. Suleymanov No. 14-2/2654 of 03:08. 10), and information on the matter which is available for Executive committee of the CIS.
The purpose of reviews of trade policy are achievement by the states - members of the CIS transparencies of trade policy, assistance to observance of the rules, regulations and obligations fixed in international treaties and documents concerning forming and effective functioning of the free trade area and also regular carrying out objective assessment of the main indicators of trade policy and practice of the State Parties of the CIS, their influence on development of mutual trade.
Trade policy of the Republic of Kazakhstan is based on the Constitution of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan, presidential decrees of the Republic of Kazakhstan, the orders of the Government of the Republic of Kazakhstan and other regulatory legal acts, respect for the conventional principles and rules of international law, and also the obligations following from international treaties of the Republic of Kazakhstan.
The Ministry of economic development and trade of the Republic of Kazakhstan is the central executive body performing functions on development of state policy of area of development of trading activity.
The purposes of trade policy are:
protection of the domestic market and support of domestic manufacturers by methods of customs and tariff and non-tariff regulation; elimination of unfair competition;
integration of Kazakhstan into system of the international economic relations by participation in multilateral (World Trade Organization) and regional trade and economic associations;
harmonization of the national legal system in the field of regulation of trading activity with requirements of the international legislative arrangements and standards;
forming of system of protection and promotion of economic interests of the republic directed to creation for the Kazakhstan goods and services of access to the foreign markets taking into account requirements of the WTO;
the satisfaction of needs of consumers in goods which production is not enough or is absent in the republic;
development of foreign trade activity for the purpose of expansion of export of domestic goods and services;
ensuring protection of trade and economic interests of Kazakhstan abroad.
Constitution of the Republic of Kazakhstan;
The law of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan";
The law of the Republic of Kazakhstan of June 10, 1996 No. 6 "About copyright and the related rights" (edition of 22:11. 2005);
The law of the Republic of Kazakhstan of July 10, 1998 No. 279 "About drugs, psychotropic substances, precursors and measures of counteraction to their illicit trafficking and abuse of them" (edition from 29.12.2006);
The law of the Republic of Kazakhstan of December 28, 1998 No. 337 "About measures of protection of the domestic market in case of commodity import" (edition of 07:07. 2006);
The law of the Republic of Kazakhstan of December 30, 1998 No. 339 "About the state control of turnover of separate types of weapon" (edition from 27.07.2007);
The law of the Republic of Kazakhstan of February 11, 1999 No. 344 "About quarantine of plants" (edition from 31.01.2006);
The law of the Republic of Kazakhstan of July 13, 1999 No. 421 "About anti-dumping measures" (edition from 31.01.2006);
The law of the Republic of Kazakhstan of July 13, 1999 No. 422-1 "About protection of selection achievements" (edition 02.03. 2007);
The law of the Republic of Kazakhstan of July 16, 1999 No. 441-1 "About subsidies and countervailing measures" (edition of 09:01. 2006);
The law of the Republic of Kazakhstan of January 19, 2001 No. 143 "About grain" (edition from 26.07.2007);
The code of the Republic of Kazakhstan of January 30, 2001 No. 155 "About administrative offenses" (edition of 19:12. 2007);
The code of the Republic of Kazakhstan of June 12, 2001 No. 209 "About taxes and other obligatory payments in the budget" (edition of 19:12. 2007);
The law of the Republic of Kazakhstan of December 4, 2002 No. 361 "About sanitary and epidemiologic wellbeing of the population" (edition from 27.07.2007);
The customs code of the Republic of Kazakhstan of April 5, 2003 No. 401 (edition from 27.11.2007);
The presidential decree of the Republic of Kazakhstan of May 17, 2003 No. 1096 "About the Strategy of industrial and innovative development of the Republic of Kazakhstan for 2003-2015" (edition of 17:05. 2003);
The law of the Republic of Kazakhstan of April 12, 2004 No. 544 "On regulation of trading activity" (edition of 11:12. 2006);
The law of the Republic of Kazakhstan of November 9, 2004 No. 603 "About technical regulation" (edition from 29.12.2006);
The ecological code of the Republic of Kazakhstan of January 9, 2007 No. 212 (edition from 27.07.2007);
The law of the Republic of Kazakhstan of January 11, 2007 No. 214 "About licensing" (edition from 27.07.2007);
The law of the Republic of Kazakhstan of July 6, 2007 No. 274 "About special economic zones in the Republic of Kazakhstan" (edition of 06:07. 2007);
The law of the Republic of Kazakhstan of July 21, 2007 No. 300 "About export control" (edition of 21:07. 2007);
The law of the Republic of Kazakhstan of July 21, 2007 No. 301 "About safety of food products" (edition of 21:07. 2007);
The law of the Republic of Kazakhstan of July 21, 2007 No. 303 "About public procurements";
The law of the Republic of Kazakhstan of July 21, 2007 No. 306 "About safety of toys" (edition of 21:07. 2007);
The law of the Republic of Kazakhstan of July 11, 2009 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of the legislation of the Republic of Kazakhstan on payments and money transfers, financial accounting and the financial reporting of the financial organizations, banking activity and activities of National Bank of the Republic of Kazakhstan";
The law of the Republic of Kazakhstan "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning currency control and currency exchange control";
the order of the Government of the Republic of Kazakhstan of July 8, 2003 No. 668 "About approval of the Inventory, the customs duties and taxes and customs duties which are temporarily exported with full relief from payment which are temporarily imported with full relief from payment" (edition 04.07. 2007);
the order of the Government of the Republic of Kazakhstan of July 10, 2003 No. 681 "About approval of import bans to the Republic of Kazakhstan and export from the Republic of Kazakhstan of the goods and vehicles, inventories prohibited to the room under some customs regimes and also prohibitions and restrictions for carrying out transactions with the goods placed under separate customs regimes" (edition 28.12.2006);
the order of the Government of the Republic of Kazakhstan of April 21, 2005 No. 371 "About approval of Rules of domestic trade" (edition of 21:04. 2005);
the order of the Government of the Republic of Kazakhstan of June 1, 2007 No. 447 "About approval of Rules of conducting examination of the cultural values which are exported and imported into the Republic of Kazakhstan" (edition of 01:06. 2007);
the order of the Government of the Republic of Kazakhstan of July 11, 2007 No. 594 "About approval of Rules of import, export and transit of waste" (edition of 11:07. 2007);
the order of the Government of the Republic of Kazakhstan of December 28, 2007 No. 1317 "About the Customs tariff and the Commodity nomenclature of foreign economic activity of the Republic of Kazakhstan".
The law of the Republic of Kazakhstan of January 6, 2010 No. 238-1U "About modification and amendments into some legal acts of the Republic of Kazakhstan concerning customs affairs" enters the following regulations directed to elimination of administrative barriers from customs authorities of the Republic of Kazakhstan:
within Article 381 of the Customs code of the Republic of Kazakhstan (further - the Code) the automated (electronic) accounting of participants of foreign economic activity (foreign trade activities) is entered;
within article 382 of the Code - the accounting card of the participant of foreign trade activities is excluded from the list of the documents provided by the customs applicant in case of customs declaration of goods (on paper);
within article 76 of the Code it is provided that in the cases determined by authorized body as the document of control of the goods delivery shipping documents are used.
Also specified Law provides transfer of some control functions at automobile check points through frontier of the Republic of Kazakhstan to customs authorities of the Republic of Kazakhstan. In this connection the draft of Rules about order of interaction of state bodies in case of monitoring procedure at automobile check points through frontier of the Republic of Kazakhstan with use of TsOU of the Customs Control Committee which is being approved with the interested state bodies at present is developed.
The law of the Republic of Kazakhstan of December 15, 2009 No. 294 "About entering of amendments and changes into the Customs code of the Republic of Kazakhstan", enacted since January 1, 2010, in the Customs code of the Republic of Kazakhstan to the Section 10 "Protection of the Rights to Intellectual Property Items by Customs Authorities" made the following changes and amendments.
In particular, customs authorities of the Republic of Kazakhstan will perform further measures for protection only concerning the goods containing objects of copyright and related rights, trademarks and service marks.
At the same time customs authorities of the Republic of Kazakhstan according to the made amendments have the right to suspend release of goods: containing doubtful (counterfeit) trademarks;
being the copy of the owner made without consent in the country of origin in which production of such copy is copyright violation and the related rights protected according to the legislation of the Republic of Kazakhstan.
Also since January 1, 2010 the new Article 416-1, regulating additional powers of customs authorities (ekh-oshsyu) on customs control of the goods containing intellectual property items, which are not included in the customs register is entered.
For the purpose of realization of the specified powers the joint order of the Ministry of Finance of the Republic of Kazakhstan of February 10, 2010 No. 47 and the Ministry of Justice of the Republic of Kazakhstan of February No. 57 24 "About approval of Rules of interaction and exchange of information between customs authorities and authorized state body of the Republic of Kazakhstan in the field of protection of intellectual property rights" is developed and approved.
In the Republic of Kazakhstan the Law of February 24, 2009 No. 141-IV "About ratification of the International convention about simplification and harmonization of customs procedures" taking into account which experts of the governments of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation the Agreement on the Customs Code of the Customs Union signed by heads of states on November 27, 2009 is drafted (further - the Convention Kyoto) is adopted.
In the Customs Code of the Customs Union the procedure for carrying out and form of customs control * including procedure for carrying out customs examination on customs area of custom union (the Section III of the Customs Code of the Customs Union) is unified.
At the same time in the Customs Code of the Customs Union, the legal act of directly direct action, the fundamental principle of the International convention about simplification and harmonization of customs procedures is legislatively established, - when carrying out customs control the Customs Service uses risk management system.
Now within the contractual legal base on forming of the Customs union by the working group of the Customs Control Committee events for completion of the draft of the new Customs code of the Republic of Kazakhstan which provides reducing the list of the obligatory documents provided in case of customs declaration of goods to four main documents are held.
The conceptual framework of the Customs code of the Republic of Kazakhstan is created taking into account conceptual framework of the Convention Kyoto that provides uniform application and interpretation of gosudarstvamichlenama of the Customs union of the established precepts of law and customs rules.
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