Today, an important issue is on the agenda - especially in the current geopolitical conditions - ensuring control over the movement of specific goods across the border.
According to the Law "About the control of specific goods", control over the movement of specific goods across the State Border is entrusted to the state revenue authorities (article 9 of the Law).
The checklist of specific goods was approved by the Order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 09.06.2023 №424.
The movement of specific goods across the border is provided only on the basis of permits (export/import license, transit permit) issued by the authorized body - the Ministry of Industry and Construction of the Republic of Kazakhstan (hereinafter - MPS RK).
As for the border with the EAEU countries, it should be noted here that control is carried out on the basis of shipping documents.
Thus, since April 1, 2023, electronic accompanying consignments for goods (hereinafter - SNT) have been introduced, which are issued before crossing the border by means of an electronic digital signature.
When registering an SNT in the information system of state revenue authorities, the movement of specific goods is automatically determined on the basis of the Customs Nomenclature Code of the Foreign Economic Activity (TN VED) with notification of the need for a permit document.
In the absence of permits, the state revenue authorities are not allowed to move specific goods across the border.
For non-compliance with the Law "About the control of specific goods" when moving across the State Border, liability is provided in accordance with articles 463, 545 of the Code of Administrative Offences of the Republic of Kazakhstan and articles 275, 286 of the Criminal Code of the Republic of Kazakhstan.
In 2023, 169 attempts to move goods included in the Control List without a license and a conclusion on the identification of specific goods were established at the border with the EAEU countries, in 2024 (as of 20.05.2024) – 23 facts. According to these facts, the participants of the Foreign Economic Activity (VED) are sent to MPS RK to obtain permits.
As part of the implementation of the Law "About the control of specific goods", rules for checking documents and information, conducting inspections, and examinations, rules for the use of technical means of control of specific goods (inspection equipment) were adopted, a list of places for the control of specific goods (checkpoints) was approved (by Order of the Ministry of Finance of the Republic of Kazakhstan №. 295 dated 27.03.2023).
Regarding the export of sanctioned goods to the EAEU countries
According to subparagraph 5) of paragraph 1 of Article 25 of the Treaty on the Eurasian Economic Union of May 29, 2014 (hereinafter referred to as the Treaty), within the framework of the Customs Union of the member States, free movement of goods between the territories of the member States is carried out without the application of customs declaration and state control (transport, sanitary, veterinary-sanitary, quarantine phytosanitary), except in cases stipulated by the Treaty on the Eurasian Economic Union of May 29, 2014 (hereinafter referred to as the Treaty), except in cases stipulated by the Treaty.
The list of goods, the country of origin of which are the countries that have established a ban on the export of certain types of goods to the territory of the Russian Federation and the Republic of Belarus (sanctioned goods), is formed and published by the Ministry of Trade and Integration of the Republic of Kazakhstan in open access on the official Internet resource www.traderadar.kz (List).
At the same time, to date, bans on the export of goods included in the List from the Republic of Kazakhstan to the EAEU countries have not been established. At the same time, it should be taken into account that the territory of the Republic of Kazakhstan should not be used to intentionally circumvent any sanctions.