On approval of the Rules for rendering the state service " issuance of a certificate for the right of temporary export of cultural property Order of the Minister of culture and sports of the Republic of Kazakhstan dated January 22, 2015 No. 19.

 

On approval of the Rules for rendering the state service " issuance of a certificate for the right of temporary export of cultural property

Order of the Minister of culture and sports of the Republic of Kazakhstan dated January 22, 2015 No. 19. Registered with the Ministry of justice of the Republic of Kazakhstan on February 24, 2015 No. 10320.

       Footnote. Title - in the wording of the order of the Minister of culture and sports of the Republic of Kazakhstan dated 06.05.2020 No. 111 (entered into force on the expiration of ten calendar days after the date of its first official publication).

       In accordance with subparagraph 23-1) of article 7 of the Law of the Republic of Kazakhstan dated December 15, 2006 "on culture" I order YOU:

  1. Approve the attached Rules for issuing a certificate of temporary export of cultural property.
  2. The Department for culture and arts, Ministry of culture and sports of the Republic of Kazakhstan in accordance with legislation to ensure:

      1) state registration of this order in the Ministry of justice of the Republic of Kazakhstan;

      2) within ten calendar days after the state registration of this order, it is sent for official publication in periodicals and in the information and legal system "Adilet";

      3) placement of this order on the Internet resource of the Ministry of culture and sports of the Republic of Kazakhstan after its official publication;

      4) submission to the Department of legal service of the Ministry of culture and sports of the Republic of Kazakhstan of information on the implementation of the measures provided for in this paragraph within ten working days from the date of implementation of the measures.

  1. This order shall enter into force upon the expiration of ten calendar days after the date of its first official publication.

Minister

A Muhamediuly



 

Approved by order
Minister of culture and sports
Of the Republic of Kazakhstan
dated January 22, 2015 No. 19

 Rules for the provision of public services "issuance of a certificate for the right of temporary export of cultural property"

       Footnote. Rules - as amended by the order of the Minister of culture and sports of the Republic of Kazakhstan dated 06.05.2020 No. 111 (entered into force on the expiration of ten calendar days after the date of its first official publication).

 Chapter 1. General provisions

  1. These Rules of rendering of the state service "issue of certificates for right of temporary export of cultural values" (hereinafter – the Rules) determine the order of rendering the state service "issue of certificates for right of temporary export of cultural values" (further – the state service) and are developed in accordance with subparagraph 23-1) of article 7 of the Law of the Republic of Kazakhstan from December 15, 2006 "About culture" (hereinafter – the Law "On culture") and sub-paragraph 1) article 10 of the law of the Republic of Kazakhstan dated 15 April 2013 "On public services" (hereinafter – the Law "On public services").
  2. The state service is provided by local Executive bodies of regions, citiesНурTo individuals and legal entities (hereinafter referred to as the service recipient) for a period of no more than six months for the purpose of temporary exhibition, touring, restoration and scientific research, presentations, exhibitions and international cultural events.

 Chapter 2. Procedure for rendering public services

  1. in order to receive a public service, service recipients send the service provider through the web portals of the "electronic government" www.egov.kz, www.elicense.kz (hereinafter – the portal) a statement, signed by electronic digital signature (further – EDS) in accordance with Annex 1 to these Rules with Appendix of documents (hereinafter – the application) specified in paragraph 8 of the Standard of the state service "issue of certificates for right of temporary export of cultural values" (hereinafter –the Standard) in accordance with Annex 2 of these Regulations.

      A list of the main requirements for the provision of public services, including the characteristics of the process, form, content and result of rendering the state service, and such other information, taking into account features of rendering of the state services given in the Standard.

  1. The applicant indicates in the statement information about exported goods in accordance with section 21 of 97 groups of the Single Commodity nomenclature of foreign economic activity of the Eurasian economic Union and the common customs tariff of the Eurasian economic Union, approved by Decision of the Board Eurasian economic Commission of 16 July 2012 № 54.
  2. on the day of receipt of the application, the service provider's office accepts, registers and transfers it for execution to the responsible structural unit.

       If the service recipient applies after the end of working hours, on weekends, holidays in accordance with the Labor code of the Republic of Kazakhstan dated November 23, 2015 and the Law of the Republic of Kazakhstan dated December 13, 2001 "on holidays in the Republic of Kazakhstan", the application is accepted and the result of public service provision is issued on the next working day.

      The service recipient is sent the status of acceptance of a request for public service provision to the "personal account".

  1. The employee responsible structural subdivisions of the service provider (hereinafter – executor) within 2 (two) working days from the date of the registration statement verifies the completeness of submitted documents.

      If the fact of incompleteness of the submitted documents is established, the service provider gives a reasoned refusal to further consider the application within the specified period.

      Information about the service recipient's identity documents, state registration (re-registration) as a legal entity, and state registration as an individual entrepreneur, which are state electronic information resources, is obtained by the service provider from the relevant state information systems through the e-government gateway.

  1. In case of completeness of the submitted documents provided for in paragraph 8 of the Standard, the responsible executor notifies the service recipient in the "personal account "of the need to provide the subject for consideration by the expert Commission on temporary export of cultural property, established in accordance with subparagraph 6) of article 8 Of the law" on culture " (hereinafter – the Commission).
  2. After notification, the service recipient provides the item to the service provider within 1 (one) business day услугодателю.
  3. the Submitted item on the day of receipt to the service provider is sent by its responsible executor to the Commission for expert examination.
  4. The Commission examines the subject within 1 (one) working day by a comprehensive analysis with historical, artistic, scientific or other cultural value, authenticity, authorship, the name, place and time of creation, material and technique, and a description of the size (weight), distinctive features, the state of preservation.
  5. After a review, the Commission issued a conclusion in the form according to Annex to the Model regulations on the expert Committee on temporary export of cultural property, approved by order of the Minister of culture and information of the Republic of Kazakhstan from June 20, 2013 № 135 (registered in the Register of state registration of normative legal acts of the Republic of Kazakhstan No. 8575).
  6. In case of a positive conclusion of the Commission, the responsible executor within 1 (one) working day prepares a draft certificate for the right of temporary export of cultural property in the form according to Annex 3 to these Rules and submits it for approval (signature).

      In case of a negative conclusion of the Commission, the responsible Executive prepares a draft of a reasoned refusal to provide a public service within the specified time frame.

  1. The draft of the result of rendering the public service is signed by the EDS of the authorized person of the service provider on the day of receipt and sent to the service recipient via the portal to the "personal account" in the form of an electronic document.

        The grounds for refusing to provide a public service are specified in paragraph 9 of the Standard.

  1. the service Provider shall ensure that data on the stage of rendering a public service is entered into the information system for monitoring the provision of public services in accordance with sub-clause 11) of clause 2 of article 5 of the Law "on public services".

      When providing a public service through the state information system of permits and notifications, data on the stage of its provision are automatically transmitted to the information system for monitoring the provision of public services.

  1. Registration and accounting of issued permits is conducted automatically in the state information system of permits and notifications.

 Chapter 3. Procedure for appealing against decisions, actions (inaction) of the service provider and (or) its officials on the provision of public services

  1. Appeal of a decision, actions (inaction) of the service provider on the provision of public services may be filed to the head of the service provider, the authorized body in the sphere of culture or the competent body for assessing and monitoring the quality of public services, in accordance with the legislation of the Republic of Kazakhstan.

       17.in accordance with paragraph 2 of article 25 of the Law "on state services", The complaint of the service recipient received by the service provider to the authorized body in the field of culture is subject to consideration within 5 (five) working days from the date of its registration.

  1. The complaint of the service recipient received by the authorized body for assessment and control of the quality of public services is subject to consideration within 15 (fifteen) working days from the date of its registration.
  2. In disagreement cases with results of the rendered state service, service recipient may apply to the court in the order established by the legislation of the Republic of Kazakhstan.

 

Appendix 1
to the Rules for rendering
public services
"Issuance of a certificate of
temporary export of cultural property"

 

Form

 

___________________________
(local Executive body
of the region, citiesNur-Sultan,
Almaty and Shymkent)
____________________________
from _________________________
____________________________
(surname, name, patronymic (if
available) a natural person or
name of legal entity)

                                      Statement

      Please issue a certificate for temporary export of cultural values
1) _____________________________________________________________
2) _____________________________________________________________.
The purpose of the export: ____________________________________________________
____________________________________________________________________
   (location and name of the country)
3) _____________________________________________________________
  (the description of the product Code in the FEACN of the cu *section 21 of Chapter 97)
4) _____________________________________________________________
  (the Unit of measurement used in the FEACN of the cu *)
5) _____________________________________________________________
      (number)
____________________________________________________________________
The data of the applicant: _______________________________________________
(date of birth, nationality, passport number or ID number, date
of issue, place of residence, contact telephone number, details of physical and
legal persons)
____________________________________________________________________
____________________________________________________________________
I agree to use the information provided by the standard of the state
service "issue of certificates for right of temporary export of cultural values"
components protected by the law secret, contained in information systems.
Signature of the service recipient _______________             Date ____________
* Common Commodity nomenclature for foreign economic activity of the Eurasian economic Union and the Common customs tariff of the Eurasian economic Union

 

Appendix 2
to the Rules for rendering
public services
"Issuance of a certificate of
temporary export of cultural property"

 

Standard of the state service "issuance of a certificate for the right of temporary export of cultural property"

1

 Name of the service provider

Local Executive bodies of regions, citiesNur-Sultan, Almaty and Shymkent (hereinafter-the service provider)

2

 Methods of providing public services

Web portals of "e-government" www.egov.kz, www.elicense.kz

3

Term of rendering of the state service

The delivery period is 5 (five) business days.
Refusal to further consider the application if the submitted documents are incomplete – 2 (two) working days

4

Form of rendering public service

Electronic (fully automated)

5

Result оказания of public service provision

Certificate for the right of temporary export of cultural property or a reasoned response to a refusal to provide a public service on the grounds provided for in paragraph 9 of this standard of public service

6

The amount of payment collected from the service recipient when providing a public service, and the methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan

Is free

7

Working work Schedule

1) service provider-from Monday to Friday inclusive from 9.00 am to 18.30 PM, with a lunch break from 13.00 am to 14.30 PM, except weekends and holidays, according to the labor legislation of the Republic of Kazakhstan;
2) portal – around the clock, except for technical breaks in connection with repairs.
If the service recipient applies after the end of working hours, on weekends and holidays, according to the labor legislation of the Republic of Kazakhstan, the provision of public services is carried out on the following working day.
Addresses and places where public services are provided are posted on:
1) the service provider's official Internet resource;
2) portal

8

List of documents required for the provision of public services

 1) the statement in the form of an electronic document in accordance with Annex 1 to the Rules of rendering of the state service "issue of certificates for right of temporary export of cultural values" certified by the electronic digital signature (hereinafter – EDS);
2) electronic copies of the documents confirming the right of ownership to the object intended to be exported as a cultural value or cultural value;
3) an electronic copy of the contract on the objectives and conditions of a presence of the object (the contract in a foreign language accompanied by a translation into the Kazakh and (or) Russian languages);
4) electronic color photographs of the subject, seen from the obverse and reverse sides, subject to examination (2 pieces);
5) an electronic copy of the order of the head of the organization that the responsibility on the individual for the preservation of cultural property for the period of temporary export – for legal entities

9

The grounds for refusal in providing the state service, established by the legislation of the Republic of Kazakhstan

1) establishing authenticity of documents submitted by a service recipient to obtain public service, and (or) data (information) contained in them;
2) a negative expert opinion of the Commission;
3) unsatisfactory physical condition of the exported cultural values, except for temporary export for the purposes of their restoration;
4) finding cultural values in international and (or) public search;
 5) discrepancy of the order of temporary export of cultural values referred to in paragraph 1 of article 35 of the Law of the Republic of Kazakhstan from December 15, 2006 "About culture"

10

Other requirements, taking into account the specifics of the provision of public services, including those provided in electronic form and through a State Corporation

The service recipient receives the state service in electronic form through the portal, subject to the availability of EDS.
The service recipient can obtain information about the procedure and status of public service provision in remote access mode through the portal's "personal account", the service provider's reference services, as well as the Single contact center "1414", 8-800-080-7777

 

Appendix 3
to the Rules for rendering
public services
"Issuance of a certificate of
temporary export of cultural property"

 

 

Form

 

 

___________________________
(local Executive body
of the region, citiesNur-Sultan,
Almaty and Shymkent)
____________________________
from _________________________
____________________________
(surname, name, patronymic (if
available) a natural person or
name of legal entity)

 
         

                                      Certificate
    for the right of temporary export of cultural values

      the city ______ № _____ "___" _______ 20___ year
  1. The applicant ____________________________________________
____________________________________________________________________
(surname, name, patronymic (if available) or name of the legal entity)
2. Data ofthe Ulugbek customer : _______________________________________
(citizenship, passport or ID number, date of issue, or
details of a legal entity)
____________________________________________________________________
____________________________________________________________________
       3. Type of activity of the service recipient ______________________________
      4. Product code in the customs code of foreign economic activity of the EAEU * ___________________________________
      5. Units of measurement used in the customs CODE of the EEU *________________
      6. Number of cultural values _______________________________
  7. Based on the report of the expert Committee on temporary export
of cultural values ________________________________________________
____________________________________________________________________
____________________________________________________________________
(a local Executive body of oblast, cities Nur-Sultan, Almaty and Shymkent)
______________________________ № ____ from "___" __________ 20___ year
____________________________________________________________________
(the name of cultural values)
permitted to temporary export from the Republic of Kazakhstan for _________
____________________________________________________________________,
in ___________________________________________________________________
(the name and location of the country)
for the period from "___" _________ 20___ years of operation "___"_________ 20___ the year.
       Authorized official of the local Executive body of the region,
citiesNur-Sultan, Almaty and Shymkent
____________  _____________________________________________________
(signed)             (last name, first name, patronymic (if any) and position)
Place for printing stamp of customs authorities of the authorized body of the Republic of Kazakhstan
*Commodity nomenclature of foreign economic activity of the Eurasian economic Union.




© 2012. RSE na PCV "Institute of legislation and legal information of the Republic of Kazakhstan" of the Ministry of justice of the Republic of Kazakhstan

Дата публикации
30 августа 2020