ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of November 27, 2015 No. 1118

About approval of Rules of information exchange in transit and processing of baggage, mailings and loads air transport

According to subitem 41-64) of Item 1 of article 14 of the Law of the Republic of Kazakhstan of July 15, 2010 "About use of airspace of the Republic of Kazakhstan and activities of aircraft" I ORDER:

1. Approve the enclosed Rules of information exchange in transit and processing of baggage, mailings and loads by air transport.

2. To committee of civil aviation of the Ministry for Investments and Development of the Republic of Kazakhstan (Seydakhmetov B. K.) provide:

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 in printing and electronic type on official publication in periodic printing editions and information system of law of Ad_let, and also in the Republican center of legal information for entering into reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan and on the intranet portal of state bodies;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of Item 2 of this order.

3. To impose control of execution of this order on the supervising Vice-Minister of investments and development of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of investments and development of the Republic of Kazakhstan of November 27, 2015 No. 1118

Rules of information exchange in transit and processing of baggage, mailings and loads air transport

Chapter 1. General provisions

1. These rules of information exchange in transit and processing of baggage, mailings and loads air transport (further - Rules) are developed according to subitem 41-64) of Item 1 of article 14 of the Law of the Republic of Kazakhstan of July 15, 2010 "About use of airspace of the Republic of Kazakhstan and activities of aircraft" and determine procedure for information exchange in transit and processing of baggage, mailings and loads air transport.

2. In these rules the following concepts are used:

1) integration of information systems - actions for the organization and ensuring information exchange between two and more information systems based on the standard protocols of data transmission used in the Republic of Kazakhstan;

2) the preliminary information - data in electronic form on the goods assumed to movement through customs border of the Eurasian Economic Union (further - EEU), the vehicles of international delivery transporting such goods, time and the place of arrival of goods on customs area of EEU;

3) the airport - the complex of constructions intended for acceptance and sending aircrafts, servicing of airborne transportations and having airfield, air terminal, other necessary constructions and the equipment for these purposes;

4) baggage - the personal belongings of passengers or crew transported onboard the aircraft;

5) the customs applicant - person who declares goods or on behalf of which goods are declared;

6) the information system "E-Freight" (further - IS "E-Freight") - the information system of paperless document flow in the field of air cargo carriages intended for automation and monitoring of information exchange in transit and processing of baggage, mailings and loads by air transport;

7) the private partner - the individual entrepreneur, particular partnership, consortium or the legal entity, except for persons acting as the state partners according to the Law of the Republic of Kazakhstan of October 31, 2015 "About public-private partnership", signed the agreement of public-private partnership (further - the agreement of PPP);

8) the service provider of land servicing - the physical person or legal entity rendering services of land servicing in the territory of the airport, except for the operator of the airport and the airline which is independently servicing the aircrafts, passengers, baggage, load and mail (further - the servicing company);

9) load - any property transported onboard the aircraft, except for mails, bortpripas and baggage;

10) information system of customs authorities - the information system of Committee of state revenues of the Ministry of Finance of the Republic of Kazakhstan intended for making of the customs transactions connected with preliminary informing, movement of goods through customs border, goods placement under customs procedures and carrying out customs control, including control after release of goods (further - IS of customs authorities);

11) the agreement of PPP - the written agreement determining the rights, obligations and responsibility of the parties of the agreement of PPP, other terms of the contract of PPP within project implementation of PPP;

12) carrier - physical person or legal entity, performing activities for transportation of passengers, baggage, loads and mailings on air transport;

13) the warehouse keeper of temporary storage (further - the owner of SVH) - the legal entity of the Republic of Kazakhstan created in the territory of the Republic of Kazakhstan, answering to the conditions determined by article 503 of the Code of the Republic of Kazakhstan of December 26, 2017 "About customs regulation in the Republic of Kazakhstan";

14) the authorized agent is the person representing the operator of the aircraft which is authorized direct it or from his name to act in case of accomplishment of the formalities connected with arrival, departure and registration of the aircraft of this operator, crew, passengers, loads, mail, baggage and bortpripas;

15) the National operator of mail (further - the operator of mail) - the operator of mail determined by authorized body in the field of mail, created in form of business of joint-stock company which controlling stock is owned by national managing holding to whom the obligations provided by the Law of the Republic of Kazakhstan of April 9, 2016 "About mail" are assigned;

16) the electronic document - the document in which information is provided in electronic and digital form and is certified by means of the digital signature (further - the EDS);

17) the EDS - set of electronic digital symbols created by means of the EDS and confirming reliability of the electronic document, its accessory and invariance of contents of the EDS.

Chapter 2. Procedure for information exchange in transit and processing of baggage, mailings and loads air transport

3. For increase in efficiency of information exchange in transit and processing of baggage, mailings and loads air transport in the territory of the Republic of Kazakhstan IS "E-Freight" compatible to the used international standards and protocols takes root.

4. IS "E-Freight" is intended for automation of the following functions of the parties participating in air transportation:

1) acceptance/transfer of electronic documents and messages from carriers, authorized agents, the servicing companies, the operator of mail, the airports, owners of SVH (further - participants of information exchange);

2) collection, processing and storage of electronic documents and messages;

3) interaction with information systems of state bodies of the Republic of Kazakhstan.

5. Participants of information exchange for use of IS "E-Freight" sign the contract with the private partner - the owner of IS "E-Freight".

6. Interaction of information systems of state bodies with IS "E-Freight" during implementation of information exchange in transit and processing of baggage, mailings and loads air transport in electronic form are determined according to the legislation of the Republic of Kazakhstan in the field of informatization.

Interaction of IS "E-Freight" with the information systems of state bodies which are in contour of the single transport circle of state bodies is carried out through lock of "the electronic government".

7. The carrier or the authorized person operating according to its order from the point of departure sends electronic documents to IS "E-Freight":

1) air freight bill;

2) load sheet;

3) sheet of house air waybills.

The servicing company or the owner of SVH in the E-Freight system gets access to the relevant information on the arriving baggage, mailings, load and in case of its processing creates electronic confirmation about receipt of baggage, mailings, load and change of its status according to each air freight bill, and in case of arrival of mailings and load from the states which are not entering into EEU, in addition reports information to customs authorities for arrival record of mailings and load.

The status according to each air freight bill, is transferred to IS "E-Freight" to information system of carrier in the form of electronic messages.

The authorized agent from the point of departure and/or the customs applicant during the work with IS "E-Freight" if necessary provides according to mailings and loads electronic documents and/or the relevant information, including data on invoice, the pack list, certificates (in the presence), the declaration on dangerous goods (if necessary).

8. In case of import of mailings and load to the territory of the Republic of Kazakhstan from the states which are not entering into EEU, carrier or the authorized person operating according to its order through IS "E-Freight" provides the preliminary information to customs authorities according to the customs legislation of EEU and the Republic of Kazakhstan.

9. Documents are accepted by customs authorities if they are provided by participants of information exchange:

1) in the form of the electronic document certified by the EDS of participants of information exchange;

2) in electronic form, by transfer by means of electronic means.

If documents are transferred to customs authorities in type of the electronic document, presentation on paper is not required.

10. For transfer of electronic documents and messages integration of IS "E-Freight" with IS of customs authority is carried out.

11. In case of receipt of the preliminary information, IS of customs authorities carries out formatno-logistic control on completeness, integrity and consistency of the provided information (further - FLK).

12. In case of successful passing of FLK, IS of customs authorities makes registration of the preliminary information after which to the carrier or the authorized person operating according to its order through IS "E-Freight" the message goes, about assignment of unique identification number of transportation (further - UINP).

In the presence of the bases for refusal in registration of the preliminary information IS of customs authority the refusal in registration is created, and the preliminary information is subject to repeated representation after elimination of the violations which were the basis for refusal.

The term of the direction of the specified messages shall not exceed 15 minutes from the moment of receipt of IS of customs authority of the preliminary information.

13. On the arrival of the aircraft in destination the carrier or the authorized person operating according to its order through IS "E-Freight" sends the notification on arrival to IS of customs authorities.

In the notification on arrival the carrier or the authorized person operating according to its order specifies UINP received on the preliminary information.

14. When forming mailings and load on sending from the airports of the Republic of Kazakhstan:

The authorized agent sends 1) to data IS "E-Freight": air freight bills, invoices, pack lists, certificates (in the presence), declarations on dangerous goods (if necessary), the instruction of the consignor (if necessary);

2) the owner of SVH and/or the servicing company in case of acceptance of mailings and load from the authorized agent enters information in IS "E-Freight" on the status of mailings and load the message which automatically goes to information system of carriers, and also creates the electronic load sheet in IS "E-Freight";

3) carriers send electronic documents to IS "E-Freight": request for documentary picking of load and air freight bills.

15. Departure of mailings and load from customs area of EEU is allowed with the permission of customs authority, with use of the information systems "E-Freight" and customs authority.

Permission of customs authorities to departure of load, is provided according to the customs legislation of EEU and the Republic of Kazakhstan.

16. In case of cargo transfer in the Republic of Kazakhstan for the purpose of complete elimination of paper documents integration with information system of the Ministry of Agriculture of the Republic of Kazakhstan is carried out, or the opportunity of work of employees of veterinary, phytosanitary control directly with IS "E-Freight" is given.

If documents are transferred in electronic form, that presentation on paper is not required.

In case of lack of technical capability participants of information exchange perform interaction on paper.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info