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Regarding compliance with the legislation of the Republic of Kazakhstan on the control of specific goods
Control of specific goods in the Republic of Kazakhstan is regulated by the Law of the Republic of Kazakhstan "On Control of Specific Goods" (hereinafter - the Law).
Specific goods are dual–use and military goods, as well as goods controlled to ensure national security (subparagraph 14) of paragraph 1 of Article 1 of the Law).
The list of specific goods was approved by the Order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated June 9, 2023 No. 424 "On approval of the Checklist of specific Goods" (Checklist).
Export and import of specific goods is carried out on the basis of licenses in accordance with articles 11 and 12 of the Law.
The transit of specific goods in accordance with article 13 of the Law is carried out on the basis of a transit permit.
The authorized body in the field of control of specific goods and the licensor body is the Ministry of Industry and Construction of the Republic of Kazakhstan (Ministry of Industry).
Control over the movement of specific goods across the State Border of the Republic of Kazakhstan (the State Border), including with the member States of the Eurasian Economic Union (EAEU), is entrusted to the state revenue authorities (paragraph 2 of Article 9 of the Law).
In accordance with paragraph 2 of Article 26 of the Law, in order to prevent and suppress the illegal movement of specific goods across the State Border with the EAEU member States, the state revenue authorities:
– request and receive from individuals and legal entities engaged in the movement of goods across the State Border with the EAEU member States, documents and information related to the goods being transported, established by the legislation of the Republic of Kazakhstan;
– involve government agencies of the Republic of Kazakhstan, organizations, experts and specialists to study issues requiring special knowledge and skills;
– stop vehicles, inspect them, and inspect them at checkpoints on the State border with the EAEU member states;
– develop, create, acquire and operate information systems, communication systems, data transmission systems, as well as information security tools in accordance with the legislation of the Republic of Kazakhstan;
– acquire and operate technical controls for specific goods;
– produce documentation, video and audio recording, film and photography of facts and events in accordance with the legislation of the Republic of Kazakhstan;
– exercise other powers stipulated by the Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
In addition, paragraph 2 of Article 29 of the Law establishes that individuals and legal entities of the Republic of Kazakhstan engaged in the export, re-export, import, transit of specific goods, as well as foreign persons engaged in the transit of specific goods, are required, at the request of the authorized body, state bodies of the control system for specific goods, to provide documents and (or) information necessary to perform the functions stipulated by the Law and the legislation of the Republic of Kazakhstan by the specified state bodies.
For the goods included in the Checklist, the state revenue authorities are provided with the results of identification in accordance with the Checklist, or a conclusion on the identification of specific goods, as a document confirming compliance with control measures for specific goods.
At the same time, in cases of attribution to specific goods, a license (transit permit) is required, and in cases of non-attribution to specific goods, a license (transit permit) is not required.
Regarding liability for non-compliance with legislation on the control of specific goods when moving specific goods across the State border
The movement of specific goods across the State Border, including across the State Border with the EAEU member States, without a license (transit permit) is subject to liability under Articles 275, 286 of the Criminal Code of the Republic of Kazakhstan, as well as articles 463, 545 of the Code of the Republic of Kazakhstan "On Administrative Offenses".
Regarding the identification of goods in accordance with the Checklist and the presentation of the results of such identification
The identification of goods (i.e., the determination of whether or not they are classified as specific goods) is carried out in accordance with the Checklist.
In accordance with paragraph 1 of Article 10 of the Law, individuals and legal entities of the Republic of Kazakhstan intending to export, re-export, import, transit of goods (including software and technologies) are required to identify them in accordance with the Checklist.
At the same time, in accordance with the second paragraph of paragraph 1 of Article 10 of the Law, foreign persons intending to transit goods (including software and technologies) are required to identify them in accordance with the Checklist.
In cases of impossibility of unambiguous identification in accordance with the Checklist in accordance with paragraph 2 of Article 10 of the Law, individuals and legal entities of the Republic of Kazakhstan, foreign persons may apply to the Ministry of Industry for an opinion on the identification of specific goods (Conclusion).
The procedure for the provision of public services "Issuance of an opinion on the identification of specific goods" and the list of documents to it is regulated by Order No. 394 of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated July 10, 2020 "On Approval of the Rules for the Identification of specific Goods".
Paragraph 4 of the Checklist states that the decision on the identification and assignment of a product for dual or military use is determined by the technical parameters of the controlled products on this list.
Identification of goods in accordance with the Checklist is the responsibility of individuals and legal entities intending to export, re-export, import, transit of goods, as well as foreign persons intending to transit goods.
Additionally, we inform you that in cases where it is necessary to obtain a license (transit permit) for specific goods or a Conclusion, you must contact the Ministry of Industry through the web portal www.elicense .kz, www.egov.kz "electronic government", by means of an electronic digital signature.