The 10 most frequently asked questions about non-tariff regulation in the customs sphere
The Department of Customs Control of the DGD for the North Kazakhstan Region presents an overview of the most frequently asked questions by foreign trade participants in the field of non-tariff regulation of foreign economic activity.
If you have any questions, please call 8(7152) 46 55 93.
1. Question: What are the prohibitions and restrictions in customs regulation?
Answer: Bans and restrictions are non-tariff regulation measures applied to goods transported across the customs border of the EAEU, including those imposed unilaterally in accordance with the Treaty on the Union, technical regulation measures, sanitary, veterinary-sanitary and quarantine phytosanitary measures, export control measures, including measures for military products, and radiation requirements established in accordance with the Treaty on the Union and (or) the legislation of the Republic of Kazakhstan.
2. Question: How is non-tariff customs regulation implemented in practice?
Answer: Goods are moved across the customs border of the Eurasian Economic Union and (or) placed under customs procedures in compliance with prohibitions and restrictions.
3. Question: How is compliance with non-tariff regulation measures confirmed?
Answer: Compliance with non-tariff regulation measures is confirmed by submitting documents and (or) information confirming compliance with such measures, as well as the results of various types of state control in accordance with the procedure established by the Treaty on the EAEU and the acts of the Eurasian Economic Commission adopted in accordance with it, and (or) in accordance with the legislation of the Republic of Kazakhstan.
4. Question: What types of state control are carried out by the customs posts of the state revenue bodies of the Republic of Kazakhstan at the checkpoints on the customs border of the EAEU?
Answer: Sanitary and quarantine control, veterinary and sanitary control, phytosanitary quarantine control, export control (control of trade in strategic goods and military products) radiation control, technical regulation (compliance with the requirements of regulations and standards). The customs authorities also carry out transport control at checkpoints that are not included in the scope of non-tariff regulation of foreign trade.
5. Question: Are the measures of non-tariff regulation the same for goods transported by legal entities and individuals for commercial purposes and for goods imported for personal use
Answer: No. Goods moved by individuals for personal use are often not subject to non-tariff regulation. The specifics of the import into the customs territory of the EAEU and (or) export from the customs territory of the EAEU by individuals of goods included in the unified list of goods provided for in the Treaty on the Union, to which non-tariff regulation measures are applied in trade with non-member states of the EAEU, as goods for personal use are determined by the Eurasian Economic Commission.
6. Question: At what point, when moving goods across the customs border of the EEU, confirmation of compliance with non-tariff regulation measures is made.
Answer: If the acts establishing prohibitions and restrictions do not define the cases and (or) the procedure for confirming their compliance, their compliance is confirmed when moving goods across the customs border of the EAEU, as well as when placing goods under the customs procedure for release for domestic consumption or the customs procedure for export.
7. Question: Who is responsible for observing the prohibitions and restrictions when moving goods across the customs border of the EAEU?
Answer: The duty to comply with prohibitions and restrictions is not imposed on the declarants of customs procedures.
8. Question: In what cases is the duty to comply with prohibitions and restrictions not imposed on the declarants of customs procedures?
Answer: The duty to comply with prohibitions and restrictions is not imposed on declarants when placing international postal items under the customs procedure of customs transit, if they are transported:
· from the place of arrival to the place of customs operations with goods sent in international mail;
· from the place of arrival to the place of departure.
9. Question: What is a conditional issue and how can it be used in the field of non-tariff regulation of foreign economic activity?
Answer: Conditional release - the release of goods subject to restrictions on the use and disposal of goods. Conditional release in the field of non-tariff regulation of foreign economic activity is used when certain periods of time are required to confirm compliance with regulatory measures in order to obtain the results of state control in a particular area (vet, phyto, san, radiation control).
10. Question: What can you say about the application of customs and tariff regulation measures, prohibitions and restrictions, measures to protect the internal market, the customs legislation of the EAEU and (or) the Republic of Kazakhstan and the tax legislation of the Republic of Kazakhstan in time?
Answer:
1. When performing customs operations and conducting customs control, all the rules applicable on the day of registration of the customs declaration are applied;
2. In respect of goods transported across the customs border of the EAEU in violation of the requirements established by the customs legislation of the EAEU and (or) the Republic of Kazakhstan, the measures in force on the day of the actual crossing of the customs border of the Eurasian Economic Union by goods shall be applied.
If the day of the actual crossing of the customs border of the EAEU by the goods is not set, the measures that apply on the day of detection of the violation are applied.