of February 27, 2015 No. 18-03/143
About approval of Rules of issue of import permits by administrative authority on the territory of the Republic of Kazakhstan, export and (or) re-export from the territory of the Republic of Kazakhstan of the animal species falling under operation of the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance
According to the subitem 52) of Item 1 of article 9 of the Law of the Republic of Kazakhstan of July 9, 2004 "About protection, reproduction and use of fauna" and the subitem 4) of Item 1 of article 12 of the Law of the Republic of Kazakhstan of May 16, 2014 "About permissions and notifications", I ORDER:
2. To provide to committee of forestry and fauna of the Ministry of Agriculture 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) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy on official publication in periodic printing editions and in information system of law of Ad_let;
3) placement of this order on Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan.
3. To impose control of execution of this order on the supervising vice-Minister of Agriculture of the Republic of Kazakhstan.
4. This order becomes effective after twenty one calendar days after day of its first official publication.
Acting minister of agricultural industry of the Republic of Kazakhstan
S. Omarov
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It is approved Minister of investments and development of the Republic of Kazakhstan July 23, 2015 |
__________ A. Isekeshev |
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It is approved Minister of national economy of the Republic of Kazakhstan July 16, 2015 |
___________ E.Dosayev |
Approved by the Order of the acting minister of agricultural industry of the Republic of Kazakhstan of February 27, 2015 No. 18-03/143
1. Rules of issue of import permits by administrative authority on the territory of the Republic of Kazakhstan, export and (or) re-export from the territory of the Republic of Kazakhstan of the animal species falling under operation of the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance (further - Rules), are developed according to the subitem 52) of Item 1 of article 9 of the Law of the Republic of Kazakhstan of July 9, 2004 "About protection, reproduction and use of fauna", the subitem 4) of Item 1 of article 12 of the Law of the Republic of Kazakhstan of May 16, 2014 "About permissions and notifications" and the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" and determine procedure for issue of import permits by administrative authority on the territory of the Republic of Kazakhstan, export and (or) re-export from the territory of the Republic of Kazakhstan of the animal species falling under operation of the Convention on international trade in types of wild fauna and flora being under the threat of disappearance.
2. In these rules the following basic concepts are used:
1) administrative authority - the national administrative authority appointed by the Government of the Republic of Kazakhstan on the organization of accomplishment of obligations of the Republic of Kazakhstan for the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance according to Item 5 of article 8 of the Law of the Republic of Kazakhstan "About protection, reproduction and use of fauna";
2) the applicant - physical person or legal entity, branch or representation of the legal entity, the licensee, the owner of permission of the second category who addressed to the relevant allowing organ for passing of licensing or the allowing procedure or who directed the notification;
3) Convention - The convention on international trade in the types of wild fauna and flora which are under the threat of disappearance which the Republic of Kazakhstan joined according to the Law of the Republic of Kazakhstan of April 6, 1999 "About accession of the Republic of Kazakhstan to the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance";
4) the scientific organization - the organization for the Convention appointed by the Government of the Republic of Kazakhstan for issue of the scientific conclusion;
5) sample - included in appendices 1, of 2, in 3 Conventions any animal, live or dead or its any easily identified part or its derivative;
6) permission - confirmation of the right of physical person or legal entity to the implementation of activities or actions (transactions) performed by allowing bodies by means of licensing or the allowing procedure;
7) the party - the state for which the Convention became effective.
3. One of the enclosed documents to the application for receipt of the import permit on the territory of the Republic of Kazakhstan, export and (or) re-export from the territory of the Republic of Kazakhstan of the animal species falling under operation of the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance is the conclusion of scientific body according to articles III-V of the Convention.
For receipt of the scientific conclusion for import on the territory of the Republic of Kazakhstan, export and (or) re-export from the territory of the Republic of Kazakhstan of the animal species falling under operation of the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance the applicant in paper form sends to the scientific organization:
1) the statement on receipt of the scientific conclusion for import on the territory of the Republic of Kazakhstan, export and (or) re-export from the territory of the Republic of Kazakhstan of the animal species falling under operation of the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance in form according to appendix 1 to these rules;
2) when importing samples on the territory of the Republic of Kazakhstan the copy of the import permit or the certificate on re-export if the sample is included in appendices 1, of 2, 3 Conventions;
3) permission to hunting in electronic form, in case of withdrawal of animal species, their parts and derivatives, from the environment of dwelling in the territory of the Republic of Kazakhstan;
4) when importing on the territory, export and (or) re-export from the territory of the Republic of Kazakhstan lovchy birds of prey of the photo with rings (microchips), and also the passport copy of lovchy bird of prey;
5) when importing on the territory, export and (or) re-export from the territory of the Republic of Kazakhstan of samples the copy of the contract or the contract between the exporter and the importer confirming intentions about making of this action, and also the document in which data on quantity and amount imported are provided, exported and (or) the re-exported products, floor, type of products and its description (live, tinned, impregnated, cryopreserved);
6) during the exporting and (or) re-export from the territory of the Republic of Kazakhstan of the samples which are artificially grown up in the Republic of Kazakhstan the copy of the notification on the beginning or the termination of activities for artificial animal husbandry which types are included in appendices I and II of the Convention and (or) registration certificate in administrative authority of the physical persons and legal entities performing artificial animal husbandry which types are included in appendices I and II of the Convention, intermediate acts of bonitation, and also in case of acquisition of the copy of documents on acquisition of samples (delivery note, the agreement, acts).
4. The scientific organization within 3 (three) working days from the moment of receipt of the statement on receipt of the scientific conclusion for import on the territory of the Republic of Kazakhstan, export and (or) re-export from the territory of the Republic of Kazakhstan of the animal species falling under operation of the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance considers it and issues the scientific conclusion or refuses issue of the scientific conclusion in the following cases:
1) submissions of the statement on receipt of the scientific conclusion for import on the territory of the Republic of Kazakhstan, export and (or) re-export from the territory of the Republic of Kazakhstan of the animal species falling under operation of the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance not in the established form;
2) availability in the submitted documents of false information;
3) if import, export and (or) re-export of samples threatens their survival.
5. The scientific conclusion is drawn up on the letterhead of the scientific organization, signed by the authorized officer and sealed the scientific organization.
6. The state Service "Issue of Import Permits by Administrative Authority on the Territory of the Republic of Kazakhstan, Export and (or) Re-export from the Territory of the Republic of Kazakhstan of the Animal Species Falling under Operation of the Convention on International Trade in the Types of Wild Fauna and Flora Which Are under the threat of Disappearance" (further - the state service) appears Administrative authority on behalf of Committee of forestry and fauna of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan and Committee of fishery of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan (further - service providers).
The list of the main requirements to rendering the state service including characteristics of process, form, content and result of rendering, and also other data taking into account features of provision of the state service are stated in the standard of the state service in shape according to appendix 2 to these rules.
7. For receipt of the state service physical and (or) legal entities (further - uslugopoluchatel) give to the service provider through the web portal of "the electronic government" www.egov.kz, www.elicense.kz (further - the portal), the following documents:
1) the statement on receipt of the import permit on the territory of the Republic of Kazakhstan, export and (or) re-export from the territory of the Republic of Kazakhstan of the animal species falling under the operation of the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance in electronic form, certified by the digital signature (further - the EDS) the applicant, in form according to appendix 3 to these rules;
2) the electronic copy of the contract or the contract between the exporter and the importer confirming intentions about making of this import, export and (or) re-export, except for persons performing import, export and (or) re-export for personal reasons;
3) when importing samples on the territory of the Republic of Kazakhstan the electronic copy of the import permit or the certificate on re-export if the sample is included in appendices 1, of 2, 3 Conventions;
4) electronic copy of the conclusion of the scientific organization;
5) the data confirming payment in the budget of the state fee for issue of import permits on the territory of the Republic of Kazakhstan, export and (or) re-export from the territory of the Republic of Kazakhstan of the animal species falling under operation of the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance according to the subitem 2) of article 615 of the Code of the Republic of Kazakhstan of December 25, 2017 "About taxes and other obligatory payments in the budget (Tax code)";
6) permission to hunting, in case of withdrawal of animal species, their parts and derivatives, from the environment of dwelling in the territory of the Republic of Kazakhstan in electronic form.
8. In case of submission of documents to uslugopoluchatel the status about acceptance of request for rendering the state service with indication of date of issue of result goes to "personal account" through the portal.
Data on identity documents, on state registration (re-registration) of the legal entity, on state registration as the individual entrepreneur, or about the beginning of activities as the individual entrepreneur, payment in the budget of the state fee for issue of import permits from the territory of the Republic of Kazakhstan of the animal species falling under operation of the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance the service provider gets permission to hunting for the territory of the Republic of Kazakhstan, export and (or) re-export from the corresponding information systems through lock of "the electronic government".
9. The service provider in day of receipt of documents performs acceptance and registration of the arrived statement for receipt of permission and the documents attached to it and transfers to execution to responsible structural division of the service provider (in case of the address of uslugopoluchatel after 18:00 hours or in days off and holidays, according to the labor law of the Republic of Kazakhstan and article 5 of the Law of the Republic of Kazakhstan of December 13, 2001 "About holidays in the Republic of Kazakhstan", reception of an application and issue of result of rendering the state service is performed the next working afternoon).
The responsible structural division of the service provider within 2 (two) working days from the moment of receipt of documents checks completeness of the submitted documents. In case of representation by uslugopoluchatel of incomplete document package according to the list, stipulated in Item 7 these rules, and (or) documents with the expired effective period the service provider creates motivated refusal in further review of the statement and sends it in electronic form, signed EPTs of the authorized person of the service provider to "personal account" of uslugopoluchatel.
In case of complete document package, the service provider within 3 (three) working days from the date of receipt of documents considers on compliance to these rules and passes the decision on issue of the import permit on the territory of the Republic of Kazakhstan, export and (or) re-export from the territory of the Republic of Kazakhstan of the animal species falling under operation of the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance in form according to appendix 4 to these rules or motivated refusal in rendering the state service.
The notification on the place of issue of result of rendering the state service in electronic form, signed EPTs of the authorized person of the service provider goes to the portal to "personal account" of uslugopoluchatel.
10. The service provider refuses rendering the state service in the following bases:
1) establishment of unauthenticity of the documents submitted by uslugopoluchatel for receipt of the state service, and (or) these (data) containing in them;
2) discrepancy of uslugopoluchatel and (or) the provided materials, objects, supplied and the information necessary for rendering the state service, to requirements of these rules;
3) concerning uslugopoluchatel there is decision (sentence) of court on prohibition of activities or the separate types of activity requiring receipt of certain state service which took legal effect;
4) concerning uslugopoluchatel there is judgment which took legal effect based on which the uslugopoluchatel is deprived of the special right connected with receipt of the state service.
11. Permission is issued to the applicant (or to the representative by proxy) under list in the magazine of issue of import permits by administrative authority on the territory of the Republic of Kazakhstan, export and (or) re-export from the territory of the Republic of Kazakhstan of the animal species falling under operation of the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance in form according to appendix 5 to these rules.
12. Permission contains information specified in appendix 4 to these rules, the action period for import, export and (or) re-export of samples only within six months from the moment of its issue.
13. Consideration of the claim concerning rendering the state services is made by higher administrative authority, the official, authorized body by assessment and control of quality of rendering the state services.
The claim is submitted to the service provider and (or) the official whose decision, action (failure to act) are appealed.
The service provider, the official, whose decision, action (failure to act) are appealed, no later than 3 (three) working days from the date of receipt of the claim send it and administrative case to the body considering the claim.
At the same time the service provider, the official whose decision, action (failure to act) are appealed, can not send the claim to the body considering the claim if he within 3 (three) working days makes the decision or other administrative action which are completely meeting the requirements specified in the claim.
The claim of uslugopoluchatel which arrived to the service provider according to Item 2 of article 25 of the Law on the state services, is subject to consideration within 5 (five) working days from the date of its registration.
The claim of uslugopoluchatel which arrived to authorized body by assessment and control of quality of rendering the state services is subject to consideration within 15 (fifteen) working days from the date of its registration.
If other is not provided by the law, appeal to the court is allowed after appeal in pre-judicial procedure.
to Rules of issue of import permits by administrative authority on the territory of the Republic of Kazakhstan, export and (or) re-export from the territory of the Republic of Kazakhstan of the animal species falling under operation of the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance
See Appendix 1 (5Kb In original language)
to Rules of issue of import permits by administrative authority on the territory of the Republic of Kazakhstan, export and (or) re-export from the territory of the Republic of Kazakhstan of the animal species falling under operation of the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance
Standard of the state Service "Issue of Import Permits by Administrative Authority on the Territory of the Republic of Kazakhstan, Export and (or) Re-export from the Territory of the Republic of Kazakhstan of the Animal Species Falling under Operation of the Convention on International Trade in the Types of Wild Fauna and Flora Which Are under the threat of Disappearance"
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1 |
Name of the service provider |
Committee of forestry and fauna of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan and Committee of fishery of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan. |
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2 |
Methods of provision of the state service |
Reception of an application and issue of result of rendering the state service are performed through the web portal of "the electronic government" www.egov.kz (further - the portal). |
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3 |
Term of rendering the state service |
3 (three) working days. |
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4 |
Form of rendering the state service |
Electronic (completely automated) |
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5 |
Result of rendering the state service |
The import permit on the territory of the Republic of Kazakhstan, export and (or) re-export from the territory of the Republic of Kazakhstan of the animal species falling under operation of the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance in form according to appendix 4 to these rules or motivated refusal in rendering the state service. The notification on the place of issue of result of rendering the state service in electronic form, signed EPTs of the authorized person of the service provider goes to the portal to "personal account" of uslugopoluchatel. |
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6 |
The amount of the payment levied from uslugopoluchatel when rendering the state service and methods of its collection in cases, stipulated by the legislation the Republic of Kazakhstan |
The state service is rendered on paid basis to physical persons and legal entities. The state fee for issue of import permits on the territory of the Republic of Kazakhstan, export and (or) re-export is levied from the territory of the Republic of Kazakhstan of the animal species falling under operation of the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance according to the subitem 2) of article 615 of the Code of the Republic of Kazakhstan of December 25, 2017 "About taxes and other obligatory payments in the budget (Tax code)" and constitutes 2 monthly settlement indicators. Payment is made in cash or non-cash form through the banks of the second level or the organization performing separate types of banking activities and also through the portal payment is performed through payment gateway of "the electronic government" (further - PShEP). |
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7 |
Working schedule |
The service provider - Monday through Friday inclusive, according to the established working schedule from 9:00 till 18:30 o'clock with lunch break from 13:00 to 14.30, except for days off and holidays, according to the labor law of the Republic of Kazakhstan and article 5 of the Law of the Republic of Kazakhstan of December 13, 2001 "About holidays in the Republic of Kazakhstan". The portal - round the clock, except for the technical breaks connected with carrying out repair work (in case of the address of uslugopoluchatel after 18:00 hours or in days off and holidays, according to the labor law of the Republic of Kazakhstan and article 5 of the Law of the Republic of Kazakhstan of December 13, 2001 "About holidays in the Republic of Kazakhstan", reception of an application and issue of result of rendering the state service is performed the next working afternoon). Addresses of places of rendering the state service are placed on: 1) Internet resource of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan - www.ecogeo.gov.kz, the Section "State Services". 2) portal. |
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8 |
List of documents necessary for rendering the state service |
1) the statement on receipt of the import permit on the territory of the Republic of Kazakhstan, export and (or) re-export from the territory of the Republic of Kazakhstan of the animal species falling under the operation of the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance in electronic form, certified by the EDS of uslugopoluchatel in form according to appendix 2 to these rules; 2) the electronic copy of the contract or the contract between the exporter and the importer, confirmatory intention about making this export and (or) re-export or import, except for persons performing export and (or) re-export or import for personal reasons; 3) when importing samples on the territory of the Republic of Kazakhstan the electronic copy of permission or the certificate for export and (or) re-export if the sample is included in appendices 1, of 2, 3 Conventions on international trade in the types of wild fauna and flora which are under the threat of disappearance; 4) electronic copy of the conclusion of the scientific organization; 5) data, confirming payment in the budget of the state fee; 6) permission to hunting in electronic form, in case of withdrawal of animal species, their parts and derivatives, from the environment of dwelling in the territory of the Republic of Kazakhstan. |
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9 |
The bases for refusal in rendering the state service established by the legislation of the Republic of Kazakhstan |
1) establishment of unauthenticity of the documents submitted by uslugopoluchatel for receipt of the state service, and (or) these (data) containing in them; 2) discrepancy of uslugopoluchatel and (or) the provided materials, objects, supplied and the information necessary for rendering the state service, to requirements of these rules; 3) concerning uslugopoluchatel there is decision (sentence) of court on prohibition of activities or the separate types of activity requiring receipt of certain state service which took legal effect; 4) concerning uslugopoluchatel there is judgment which took legal effect based on which the uslugopoluchatel is deprived of the special right connected with receipt of the state service. |
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10 |
Other requirements taking into account features of rendering the state service including rendered electronically and through the State corporation |
The import permit on the territory of the Republic of Kazakhstan, export and (or) re-export from the territory of the Republic of Kazakhstan of the animal species falling under operation of the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance conforms to requirements of article VI of the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance. Uslugopoluchatel receives the state service electronically through the portal on condition of EDS availability. Uslugopoluchatel has possibility of receipt of information on procedure and the status of rendering the state service in the mode of remote access by means of "personal account" in the portal, and also single contact center concerning rendering the state services. Contact telephone numbers of service desks concerning rendering the state service are specified on Internet resource of the service provider. Single contact center 1414, 8 800 080 7777. |
to Rules of issue of import permits by administrative authority on the territory of the Republic of Kazakhstan, export and (or) re-export from the territory of the Republic of Kazakhstan of the animal species falling under operation of the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance
Form
__________________________________________
name of the service provider
от________________________________________
(full name of the legal entity,
__________________________________________
surname, name, middle name (in case of its availability)
physical person
__________________________________________
(individual entrepreneur)
адрес_____________________________________
(index, area, city, area, street,
No. of the house, apartment No. (in case of its availability),
phone)
applicant's details ______________________
(business and identification
number / individual
identification number)
The statement on receipt of the import permit on the territory of the Republic of Kazakhstan, export and (or) re-export from the territory of the Republic of Kazakhstan of the animal species falling under operation of the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance
I ask to issue the import permit, export and (or) re-export is model.
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1 |
Aim import, export and (or) re-export (commercial transactions, scientific research, the reproduction purposes, circus performances or traveling exhibitions, exchange between zoos, botanical gardens and the museums, and also personal transfer) |
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2 |
Sample with indication of its name in the state, Russian and Latin languages |
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3 |
The description of sample (live animals, skins, effigies, carcasses, skulls, horns, canines, blood, caviar, and also products and another, for live animals - gender and age, availability of the identifying tags) |
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4 |
Quantity and (or) weight it is model (during the exporting and (or) re-export of caviar in addition to specify quantity and amount of reservoirs by types) |
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5 |
Sample origin (it is withdrawn from the nature, it is removed or grown up in artificial conditions based on what documents it is imported from other country, it is confiscated, purchased, received as gift or inheritance and others) |
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6 |
Number and date of the notification(s) on the beginning or the termination of activities for artificial animal husbandry which types are included in appendices I and II of the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance if samples, were grown up in artificial conditions in the territory of the Republic of Kazakhstan (in case of its availability) |
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7 |
Number and date of permission to withdrawal of animal species which number is subject to regulation if animal species, their parts and derivatives, were withdrawn from the environment by means of regulation of number of animals in the territory of the Republic of Kazakhstan |
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8 |
Legal address (for physical persons - the home address, passport data) the importer, the exporter and (or) the reexporter and in the Russian and English languages, their phones or faxes |
to Rules of issue of import permits by administrative authority on the territory of the Republic of Kazakhstan, export and (or) re-export from the territory of the Republic of Kazakhstan of the animal species falling under operation of the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance
See Appendix 4 (39Kb In original language)
to Rules of issue of import permits by administrative authority on the territory of the Republic of Kazakhstan, export and (or) re-export from the territory of the Republic of Kazakhstan of the animal species falling under operation of the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance
See Appendix 5 (3Kb In original language)
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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