of May 12, 2003 No. 197
About movement of goods under customs control
According to Section 5 of the Customs code of the Republic of Kazakhstan, I ORDER:
1. Approve enclosed:
1) Rules of registration, forming and use of the document of control of the goods delivery;
2) Rules of customs escort of goods and vehicles;
3) Rules of filling and submission of the document confirming providing customs payment and taxes.
2. To legal support division of the Agency of customs control of the Republic of Kazakhstan (Ansarova I. Y.) provide state registration of this order in the Ministry of Justice of the Republic of Kazakhstan.
3. To the press service of the Agency of customs control of the Republic of Kazakhstan (Konlybayeva A. A.) provide publication of this order in mass media.
4. I reserve control of execution of this order.
5. This order becomes effective from the date of state registration in the Ministry of Justice of the Republic of Kazakhstan.
Chairman B. Saparbayev
Approved by the order of the Chairman of the Agency of customs control of the Republic of Kazakhstan of May 12, 2003 No. 197
1. These rules of customs escort of goods and vehicles (further - Rules) are developed according to Article 78 of the Customs Code of the Republic of Kazakhstan (further - the Code) and determine procedure for application of the procedure of customs escort of goods and vehicles and payment procedure of customs duties for customs escort.
2. The procedure of customs escort - maintenance of the goods which are under customs control, vehicles and documents on them officials of customs authorities (the daleetamozhenny job specification) from customs authority of departure to customs authority of appointment and also in zone of activities of one customs authority.
3. Customs escort is performed according to the Code, these rules and according to the international treaties ratified by the Republic of Kazakhstan.
4. The procedure of customs escort of goods and vehicles as the measure providing observance of provisions of the Code and international treaties on transit and the goods delivery and vehicles to customs authority of appointment according to the procedure of internal customs transit is provided by Articles 73, of 74, 214 Codes.
5. The procedure of customs escort of goods and vehicles is applied if observance of requirements to delivery and transit of goods cannot be guaranteed by application of other measures of ensuring delivery, stipulated in Item 2 articles 74 of the Code, the international treaties on transit and delivery ratified by the Republic of Kazakhstan.
6. Customs escort to the goods moved with use of books of the international road carriages (further - books of MDP) according to provisions of the Convention of the international road carriages, 1975, is applied in cases:
1) if concerning carrier of goods or their owner there is information, about the customs offenses or the facts of nondelivery of goods which were earlier taking place;
If the amount of customs payments and taxes which would be subject to payment in case of release in free circulation of goods of MDP moved with use of the book exceeds 2) the determined warranty sum.
7. The decision of customs authority of the Republic of Kazakhstan on customs escort is obligatory for carrier of goods.
8. The expenses which arose at carrier of goods, connected with customs escort are not compensated by customs authorities of the Republic of Kazakhstan.
9. The decision on customs escort is made by the chief of customs authority of departure or appointment or persons, the acting as the chief of customs authority.
10. About customs escort and organization directly the maintenance the terms of transportation of goods established by the customs legislation shall not extend decision making.
11. Customs escort by customs authority of the Republic of Kazakhstan is performed only after payment of customs duties for customs escort (further - charges).
12. Charges for customs escort are levied from carrier by customs authorities of the Republic of Kazakhstan prior to customs escort, after decision making about customs escort.
13. Charges for customs escort are levied in sizes, according to article 295 of the Code.
14. In case of decision making about customs escort, the following documents are surely constituted:
1) the decision on customs escort is constituted in the established form (Appendix 1);
2) the plan task to the customs job specification in which surnames of inspectors are specified performing customs escort, brand and number of weapon, or the name of specifics, traffic route, the name and the state numbers of the accompanied vehicles, numbers of accompanying documents (the cargo customs declaration, the document of control of delivery, it is constituted in the established form (Appendix 2);
3) the delivery-acceptance certificate of goods and vehicles is constituted in the established form (Appendix 3);
4) document of control of delivery;
5) business trip order;
6) act of examination of the vehicle;
7) the account for payment for customs escort.
15. The decision on customs escort and the delivery-acceptance certificate, the plan task is registered in the Register of the accompanied goods and vehicles in the established form (Appendix 4).
15-1. The single registration number created according to the following scheme is assigned to the documents necessary for customs escort (the decision on customs escort, the delivery-acceptance certificate, the plan task):
1111-22222-33445, where:
1 - sequence number according to the magazine of registration,
2 - code of the customs authority which made the decision on customs escort
3 and 4 - respectively a day and month of registration,
5 - last figure of the current year.
16. The delivery-acceptance certificate of goods and vehicles is constituted in duplicate. One copy after signing is stored in the customs authority of departure (transferring maintenance), and the second - in the customs authority of appointment (accepting maintenance). In the act all columns are without fail filled in, surnames and initials of seniors of the customs job specification which transferred and accepted goods and vehicles are specified. Are ratified stamps of customs authority of the departure (transferring maintenance) and appointments (accepting maintenance) or personal number seals of the senior customs job specifications.
17. Customs escort is performed on the accompanied vehicle of carrier, the sender, receiver or on motor transport of customs authority.
18. Customs escort is performed from customs authority of departure to customs authority of appointment, or between adjacent customs authorities of the Republic of Kazakhstan.
19. In case of reception-transmission of the accompanied goods and vehicles customs job specifications in the customs authorities located along the line, the specified customs authorities on all sheets of the transit declaration (the cargo customs declaration which is drawn up in customs regime of transit of goods), the document of control of the goods delivery and transport documents put down marks according to requirements, statutory rules of the goods delivery.
20. Change of the customs job specification of the accompanied goods and vehicles is performed only in Items of reception-transmission of customs escort, with obligatory creation of the delivery-acceptance certificate and adoption of the new decision on customs escort.
Items of reception-transmission of customs escort are located in places of temporary storage of goods and vehicles, and affirm the central customs authority on representation of territorial subdivisions.
21. In case of accident or force majeure the customs job specification renders assistance to carrier performed by its obligations. The protocol on transport incident is constituted with the participation of the senior customs job specification.
22. When implementing customs escort one customs job specification accompanies no more than 10 vehicles. The staff of the customs job specification accommodates in the head and closing road and transport means. During movement and stops of the accompanied vehicles the customs job specification controls both parties of column.
23. In case of defect of one of the accompanied vehicles all column before the end of repair is late. In case of goods overload on other vehicle owing to accident or breakdown of the vehicle the cargo section of transport is sealed up. At the same time the customs job specification draws up the statement of goods overload on other vehicle in duplicate where the goods overload reasons, quantity and other features of goods, number of old and new seal are specified. The impossibility of imposing of seal is reflected in the act. The act is signed by the senior of the customs job specification and carrier. The second copy of the act is provided in customs authority of appointment or in the customs authority accepting maintenance.
24. In case of customs escort of the goods which are life-threatening both human health, and the environment (chemicals, radioactive and explosives, etc.), customs escort is performed on the separate vehicle in case of the strengthened customs job specification with observance of the requirements established by rules of transportation of dangerous goods and security measures.
25. The customs job specification is created proceeding from type, the number of vehicles, term and conditions of transportation, nature of the transported goods, and also from other factors able to influence structure of the job specification.
26. Arms of staff of the customs job specification firearms, special means and individual remedies, are determined, proceeding from conditions of operational situation of route of maintenance.
27. The customs job specification shall have also:
1) the documents specified in Item 14 of these rules;
2) sealing device;
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The document ceased to be valid according to the Order of the Minister of Finance of the Republic of Kazakhstan of September 21, 2010 No. 474