Rules for the provision of public services «Inclusion in the register of authorized economic operators»
Chapter 1. General provisions
Chapter 2. Procedure for the provision of public services
1) through the office of the service provider;
2) through the e-government web portal www.egov.kz (hereinafter-the portal).
A list of the main requirements for the provision of public services, including the characteristics of the process, form, content and result of the provision, as well as other data with the features of the provision of public services set out in accordance with Annex 1 in the form of standard of the state service.
When applying in person documents submitted by the applicant, accepted a structural unit of the service provider is responsible for the submission of documents and passed the responsible structural unit of the service provider for the processing of documents;
When applying in electronic form – an application in the form of an electronic document certified by an electronic digital signature (hereinafter-EDS) the service recipient is accepted through the portal.
To receive the state service, the service recipients provide documents in accordance with Article 533 of the Code of the Republic of Kazakhstan "On Customs Regulation in the Republic of Kazakhstan" dated December 26, 2017
(hereinafter referred to as the Customs Code).
To identify the identity of the service recipient, an identity document is presented.
When providing a public service, the service recipient provides consent to the use of information that constitutes a legally protected secret contained in information systems, unless otherwise provided by the laws of the Republic of Kazakhstan.
Information about the identity documents contained in the state information systems, the service provider's employee receives from the relevant state information systems.
It is not allowed to request documents and information that can be obtained from information systems from service recipients.
Confirmation of acceptance of the documents by the service recipient is a mark on the copy of the application containing the date, time, signature, surname and initials of the person who accepted the package of documents.
In the case of an application through the portal, the service recipient is sent a status of acceptance of the request for the provision of public services.
The structural division of the service provider responsible for receiving documents on the day of receipt of documents receives, checks the submitted documents and registers (when the service recipient applies after the end of working hours, on weekends and holidays, according to the Labor Code of the Republic of Kazakhstan dated November 23, 2015, applications are accepted and the results of the provision of public services are issued on the next working day).
The service provider within 5 (five) working days from the date of registration of the application makes a decision to consider the application or to refuse to consider it.
When establishing the fact of completeness of the submitted documents, the service provider, no later than 90 (ninety) calendar days from the date of registration of the application and the specified documents, makes a decision to issue a certificate or refuse to issue such a certificate, indicating the reasons for the refusal.
The decision to issue a certificate is made by the order of the head of the service provider, authorized by him to the deputy head of the service provider or their substitutes.
In accordance with subparagraph 11) of paragraph 2 of article 5 of the law of the service provider provides insertion of data into the information system of monitoring of public services on the stage of rendering the state service in the manner prescribed by order of the acting Minister of transport and communications of the Republic of Kazakhstan dated June 14, 2013, № 452 "On approval of the Rules for entering data into the information system of monitoring of public services on the stage of rendering of the state services" (registered in the Register of state registration of regulatory legal acts under No. 8555).
The result of the provision of a public service or a reasoned response to the refusal to provide a public service in the cases and on the grounds specified in Article 533 of the Customs Code is issued on paper.
Chapter 3. Procedure for appealing decisions, actions (inaction) of service providers and (or) their officials on the provision of public services
in the name of the head of service provider;
addressed to the head of the authorized body responsible for managing the provision of tax revenues and payments to the budget;
to the authorized body for the assessment and control of the quality of public services.
The complaint of the service recipient, received by the service provider directly providing public services, is subject to consideration in accordance with paragraph 2 of Article 25 of the Law within 5 (five) working days from the date of its registration.
The complaint of the service recipient, received by the authorized body for the assessment and control of the quality of public services, is subject to consideration within 15 (fifteen) working days from the date of its registration.
Appendix 1
to the Rules for the Provision of Public Services " Inclusion in the register of authorized economic operators»
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State Service Standard " Inclusion in the Register of Authorized Economic Operators» |
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1 |
Name of the service provider |
State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan |
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2 |
Methods of providing public services |
1) through the service provider; 2) through the e-government web portal www.egov.kz (hereinafter-the portal). |
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3 |
Terms of public service provision |
1)making a decision to include or refuse to include in the register of authorized economic operators – 90 (ninety) calendar days; the decision to consider the application or to refuse to consider it – within 5 (five) working days from the date of registration of the application by the service provider; 2) the maximum allowed waiting time for the delivery of the package of documents by the service recipient to the service provider is 20 (twenty) minutes; 3)the maximum allowed service time of the service recipient by the service provider is 20 (twenty) minutes. |
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4 |
Form of public service provision |
Electronic (partially automated) and / or paper-based |
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5 |
The result of the provision of public services |
1)issue of a certificate of inclusion of a person in the register of authorized economic operators of the first, second or third type; 2) a reasoned response to the refusal to provide a public service in the cases and on the grounds specified in paragraph 9 of this Annex 1 to the Rules. The form of providing the result of the provision of public services: paper. |
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6 |
The amount of the fee charged to the service recipient for the provision of public services, and the methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan |
The state service is provided free of charge |
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7 |
Work schedule |
1) услугодателя – с понедельника по пятницу, с 9.00 до 18.30 часов с перерывом на обед с 13.00 до 14.30 часов, кроме выходных и праздничных дней согласно Трудовому кодексу Республики Казахстан от 23 ноября 2015 года (далее – Трудовой кодекс РК). Государственная услуга оказывается в порядке очереди, без предварительной записи и ускоренного обслуживания. 2) портала – круглосуточно, за исключением технических перерывов в связи с проведением ремонтных работ (при обращении услугополучателя после окончания рабочего времени, в выходные и праздничные дни согласно Трудовому кодексу РК, прием заявления и выдача результата оказания государственной услуги осуществляется следующим рабочим днем). Адреса мест оказания государственной услуги размещены на интернет-ресурсе: 1) услугодателяwww.kgd.gov.kz; 2) портала www.egov.kz. |
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8 |
List of documents required for the provision of public services |
to the service provider: application in accordance with Annex 2 to these Rules; through the portal: an application in the form of an electronic document signed by an EDS. The application is accompanied by documents confirming the information stated in it. The application may not be accompanied by the submission of documents to the service provider, if information about such documents and (or) information from them can be obtained by the service provider from information systems used by the service provider, as well as from information systems of state bodies (organizations) of the member States of the Eurasian Economic Union within the framework of information interaction. The service provider, within five working days from the date of registration of the application, makes a decision to consider the application or to refuse to consider it. According to the results of the application for inclusion in the register of authorized economic operators with a certificate of first or second type, if the condition for inclusion in this registry is to ensure the fulfillment of duties of authorised economic operator, the service provider shall notify the applicant on the conditions prescribed in subparagraphs 1), 3), 4), 5), 6), 7) and 8) of paragraph 1 or by subparagraphs 1), 3) and 4) of paragraph 3 of article 532 of the Code of the Republic of Kazakhstan "About customs regulation in the Republic of Kazakhstan" (hereinafter – The Code), and the need to provide security for the performance of the duties of the authorized economic operator. Documents confirming the provision of security for the performance of the duties of the authorized economic operator are submitted no later than two months from the date of sending the notification by the service recipient. While during the period from the date of sending by the service provider notice prior to the date of submission of documents confirming the provision of the enforcement of obligations of authorised economic operator, the duration of the application is suspended. |
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9 |
Grounds for refusal to provide public services established by the laws of the Republic of Kazakhstan |
1) the application is not in accordance with the prescribed form or structure and format statements in the form of an electronic document not compliant with the structure and format of such statements; 2) the application does not specify the information to be specified in the application; 3) the application is submitted before the expiration of one year from the date of exclusion of the legal entity from the register of authorized economic operators on the grounds provided for in sub-paragraphs 4), 5), 6) and 7) of paragraph 7 of Article 534 of the Code; 4) non-compliance with the conditions established by Article 532 of the Code. |
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10 |
Other requirements, taking into account the specifics of the provision of public services, including those provided in electronic form |
The service recipient has the opportunity to receive the state service in electronic form through the portal, provided that the EDS is available. The service recipient has the opportunity to receive information about the status of the provision of public services in the remote access mode through the "personal account" on the portal, a single contact center1414, 8 800 080 777. |
Appendix 2
to the Rules for the Provision of Public Services " Inclusion in the register of authorized Economic operators»
APPROVED
By the decision of the Board of the Eurasian Economic Commission
No. 128 of September 26, 2017
shape
Application
for inclusion in the register of authorized economic operators
_________________________________________________________________________________________
(full and short (if any) names of the legal entity)
_________________________________________________________________________________________
((HE (for the Republic of Armenia), UNP (for Belarus), BIN (for the Republic of Kazakhstan), INN (Kyrgyz Republic), INN/KPP (Russian Federation))
requests to be included in the register of authorized economic operators (hereinafter referred to as the register) with the issuance of a certificate (s).)
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the first one |
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the second one |
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first and second |
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the third |
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type (s) and declares information confirming the fulfillment of the conditions established by Article 433 of the Customs Code of the Eurasian Economic Union (hereinafter referred to as the Code).
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№ п/п |
Condition for inclusion in the register |
Value or mark of compliance with the condition |
Minimum value |
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1 |
2 |
3 |
4 |
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1 |
The implementation of foreign economic activity, years |
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3 |
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Implementation of activities in the field of customs affairs as a: |
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customs representative, years |
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3 |
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owner of a temporary storage warehouse, years |
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owner of a customs warehouse, years |
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customs carrier, years |
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2 |
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during which time: |
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1.1 |
when carrying out foreign economic activities, with the exception of activities for the provision of services for the transportation of goods, for each year, declarations for goods were submitted, pieces |
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10* |
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the total value of goods moved across the customs border of the Eurasian Economic Union for each year is equivalent to the amount in euros** |
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500 000* |
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1.2 |
when carrying out foreign economic activities for the provision of services for the transportation of goods, transit declarations were submitted for each year, pieces |
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250
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1.3 |
when carrying out activities in the field of customs affairs as a customs representative, customs declarations were submitted for each year, pieces |
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200* |
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the total value of the goods declared in the submitted customs declarations for each year is the equivalent of the amount in euros** |
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500 000* |
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1.4 |
when carrying out activities in the field of customs affairs as owners of temporary storage warehouses, customs warehouses, goods are stored, the total value of which for each year is equivalent to the amount in euros** |
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500 000* |
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1.5 |
when carrying out activities in the field of customs affairs as a customs carrier, transit declarations were submitted for each year, pieces |
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250 |
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2 |
The performance of the duty of the authorized economic operator is planned to be provided in the following ways (filled in if the condition for the provision of security is mandatory for inclusion in the register)*** |
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2.1 |
deposit of funds (money) in the amount equivalent to the amount in euros |
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the value established by Article 436 of the Code |
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2.2 |
bank guarantee for an amount equivalent to the amount in euros |
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2.3 |
guarantee for an amount equivalent to the amount in euros |
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2.4 |
security deposit of property in the amount equivalent to the amount in euros |
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2.5 |
2.5.1 |
securing the performance of the obligation by other means (specify): for an amount equivalent to the amount in euros |
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2.5.2 |
securing the performance of the obligation by other means (specify): for an amount equivalent to the amount in euros |
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3 |
There is no obligation to pay customs duties, special, anti-dumping, countervailing duties, penalties, and interest in all member States of the Eurasian Economic Union (hereinafter referred to as the member States). |
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- |
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4 |
There is no debt (arrears) in accordance with the legislation on taxes and fees (tax legislation) of the Member State in which the applicant is registered |
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- |
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5 |
There are no facts of bringing the applicant to administrative responsibility in all member States within 1 year for administrative offenses, the prosecution for the commission of which is determined by the legislation of the member States as a basis for refusing to be included in the register. |
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- |
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6 |
There are no facts of bringing to criminal responsibility in all member states individuals of the member states who are shareholders of the applicant, who have 10 or more percent of the applicant's shares, its founders (participants), managers, chief accountants, for crimes or criminal offenses, the proceedings for which are attributed to the jurisdiction of customs and other state bodies, the prosecution for the commission of which is determined by the legislation of the member states as a basis for refusal to be included in the register, |
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- |
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7 |
Система учета товаров заявителя отвечает установленным законодательством государств-членов о таможенном регулировании требованиям, позволяет сопоставлять сведения, представленные таможенным органам при совершении таможенных операций, со сведениями о проведении хозяйственных операций и обеспечивает доступ (в том числе удаленный) таможенных органов к таким сведениям |
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- |
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8 |
The total indicator of the applicant's financial stability, calculated in accordance with the procedure for determining the financial stability of a legal entity applying for inclusion in the register, and the values that characterize the financial stability and are necessary for inclusion in this register, provided for in paragraph 7 of Article 433 of the Code, points |
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50 |
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9 |
Structures, premises (parts of premises) and (or) open areas (parts of open areas) intended for temporary storage of goods are located with the applicant: |
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9.1 |
owned by |
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- |
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9.2 |
in economic management |
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- |
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9.3 |
in operational management |
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- |
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9.4 |
in a lease under a contract for a period of at least 1 year |
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- |
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10 |
Requirements for structures, premises (parts of premises), and (or) open platforms (parts open sites) on site which will be the temporary storage of goods, completion of the customs procedure of customs transit and (or) be held by customs control, to vehicles and employees of the applicant under subparagraph 4 of paragraph 3 of article 433 of the Code are met |
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- |
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11 |
The applicant is included in the register (the inclusion period at the time of submission of the application): |
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11.1 |
with the issuance of the first type of certificate, years |
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2 |
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11.2 |
with the issuance of the second type of certificate, years |
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11.3 |
with the issuance of a certificate in accordance with the Customs Code of the Customs Union, years |
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11.4 |
with the issuance of a certificate of the second or third type |
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- |
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12 |
There is no fact of exclusion from the register within 1 year prior to the date of application submission |
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- |
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* The legislation on customs regulation of the Member State to which the application is submitted may set a different minimum value in accordance with Article 433 of the Code.
** Calculated at the exchange rate set by the central (national) bank of the member State, effective on the day of application submission.
*** If the legislation of member States on customs regulation established that the duties of the authorized economic operator in a certain way (ways) in accordance with paragraph 6 of article 436 of the Code, the choice of the method of maintenance is carried out only way established by the legislation of that member state.
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№ п/п |
Last name, first name, patronymic (if any) (in accordance with the identity document) |
Date and place of birth (in accordance with the document proving the identity) |
Attitude to the applicant (shareholder, founder (participant), manager, chief accountant) |
Note |
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1 |
2 |
3 |
4 |
5 |
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1 |
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2 |
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III. Information about the values of the financial stability indicators and the total
financial stability indicator
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№ п/п |
Indicator name |
The average value of the indicator for 3 years (calculated) |
Indicator criterion (minimum) |
The significance of the indicator in the point system |
The actual significance of the indicator (in points) |
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1 |
2 |
3 |
4 |
5 |
6 |
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1 |
Net asset size |
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30 |
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2 |
The amount of the authorized capital |
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10 |
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3 |
Residual value of fixed assets |
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10 |
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4 |
Coefficient of autonomy |
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0,30 |
10 |
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5 |
Total (current) liquidity ratio |
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1,00 |
10 |
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6 |
Return on equity, percent |
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5,00 |
5 |
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7 |
Financial stability ratio |
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0,60 |
15 |
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8 |
The ratio of the security of current activities with its own current assets |
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0,10 |
5 |
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9 |
Coefficient of maneuverability of equity capital |
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0,20 |
5 |
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10 |
Total indicator of the legal entity applying for inclusion in the register (minimum 50 points) |
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(частях помещений) и (или) открытых площадках (частях открытых площадок), предназначенных для временного хранения товаров
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№ п/п |
Address of the object location |
Number and date of the document confirming the ownership, economic management, operational management or lease |
Validity period of the document (lease agreement) |
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1 |
2 |
3 |
4 |
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1 |
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2 |
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№ п/п |
Name of the separate division and (or) branch (full and short-if available) |
The number of a separate subdivision and / or branch assigned by the tax authority (state revenue authority) of the Member State |
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1 |
2 |
3 |
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1 |
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2 |
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№ п/п |
Names of documents |
Number of sheets |
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1 |
2 |
3 |
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1 |
Copies of the constituent documents of the legal entity |
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2 |
A document confirming that the applicant has no arrears (arrears) in accordance with the legislation on taxes and fees (tax legislation) of the member State in which the applicant is registered |
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3 |
Documents (copies of documents) confirming the calculation of the values of the financial stability indicators and the total financial stability indicator |
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4 |
Documents issued by the competent authority of the member state and confirming the absence of facts of criminal prosecution of individuals of the member states who are shareholders of the applicant, having 10 or more percent of the applicant's shares, its founders( participants), managers, chief accountants |
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5 |
Documents confirming the applicant's accounting system products conforming to the laws of the member States on customs regulation requirements, which allows to compare the information presented to the customs authorities at the customs procedures with information about conducting business transactions and providing access (including remote) the customs authorities to such information |
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6 |
Copies of documents confirming the presence of the applicant applying for a certificate of the second or third type, structures, premises (parts of premises) and (or) open areas (parts of open areas) intended for temporary storage of goods, completion of the customs procedure of customs transit and (or) customs control |
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7 |
Other documents |
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______________________ |
______________________ |
______________________ |
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(position of the applicant's supervisor) |
(signature of the applicant) |
(Full name of the applicant) |
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"__" _________ 20__ г. |