On amendments to the orders of the Chairman of the State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan dated September 7, 2016 No. 522 "On Approval of the Regulations of the State Revenue Departments of the State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan by regions, cities of republican significance and the capital and their territorial bodies" and Acting Chairman of the State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan dated October 21, 2016 No. 595 "On Approval of the regulations of state institutions of the State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan"
Appendix 2
to the order
of the Acting Chairman
State
Revenue Committee
Ministry of Finance
of the Republic of Kazakhstan
No. 595 dated October 21, 2016
Regulations on the Central Customs Laboratory of the State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan
Chapter 1. General provisions
1. The Central Customs Laboratory of the State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan (hereinafter referred to as the Central Customs Laboratory) is a specialized state institution of the State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan (hereinafter referred to as the Committee) authorized to perform the functions of customs expertise and other functions in accordance with the legislation of the Eurasian Economic Union (hereinafter referred to as the EAEU) and Of the Republic of Kazakhstan.
2. The Central Customs Laboratory carries out its activities in accordance with the Constitution and laws of the Republic of Kazakhstan, acts of the President and Government of the Republic of Kazakhstan, other regulatory legal acts, as well as this Regulation.
3. The Central Customs Laboratory is a legal entity in the organizational and legal form of a republican state institution, has seals and stamps with its name in the Kazakh language, forms of the established sample, as well as accounts in the treasury bodies of the Ministry of Finance of the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan.
4. The Central Customs Laboratory enters into civil law relations on its own behalf.
5. The Central Customs Laboratory has the right to act as a party to civil law relations on behalf of the state, if it is authorized to do so in accordance with the legislation of the Republic of Kazakhstan.
6. The Central Customs Laboratory on issues of its competence, in accordance with the procedure established by law, makes decisions drawn up by orders of the head of the Central Customs Laboratory and other acts provided for by the legislation of the Republic of Kazakhstan.
7. The structure and the limit of the staffing of the Central Customs Laboratory are approved in accordance with the legislation of the Republic of Kazakhstan.
8. Location of the Central Customs Laboratory: postal code 010000, Republic of Kazakhstan, Astana city, Saryarkinsky district, Republic Avenue, 60.
9. Full name of the Central Customs Laboratory: Republican State Institution "Central Customs Laboratory of the State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan".
10. This Regulation is the constituent document of the Central Customs Laboratory.
11. Financing of the activities of the Central Customs Laboratory is carried out from the republican budget.
12. The Central Customs Laboratory is prohibited from entering into contractual relations with business entities for the performance of duties that are the authority of the Committee.
If the Central Customs Laboratory is granted the right by legislative acts to carry out income-generating activities, then the income received from such activities is sent to the state budget.
Chapter 2. Tasks, rights and obligations of the Central Customs Laboratory
13. Tasks:
1) ensuring, within the powers of the economic security of the state, the legitimate rights and interests of business entities, society and the state;
2) ensuring, within its competence, measures to protect the national security of the EAEU member states, human life and health, flora and fauna, and the environment;
3) ensuring compliance with and enforcement of the customs legislation of the EAEU and the Republic of Kazakhstan;
4) ensuring compliance with the rights and legitimate interests of persons in the field of customs regulation;
5) conducting customs expertise and examination of goods, vehicles, documents, and other objects transported across the customs border of the EAEU, as well as after the release of goods for their classification in accordance with the Unified Commodity Nomenclature of Foreign Economic Activity of the EAEU;
6) implementation of licensed activities in accordance with the competence of the Central Customs Laboratory;
7) making proposals for improving expert activities;
8) assistance in identifying economic and financial offenses in accordance with the competence established by the legislation of the Republic of Kazakhstan;
9) participation in the development of international treaties of the Republic of Kazakhstan on issues of expert activity;
9-1) carrying out examinations not provided for by Chapter 54 of the Code of the Republic of Kazakhstan "On Customs Regulation in the Republic of Kazakhstan";
10) performance of other tasks stipulated by the legislation of the Republic of Kazakhstan.
14. Rights and obligations of the Central Customs Laboratory:
1) rights:
request and receive from state bodies, other organizations, as well as officials, citizens documents and information necessary to perform the tasks and functions assigned to the Central Customs Laboratory;
to carry out the operation of information systems, communication and data transmission systems, technical means of customs control, as well as means of information protection in accordance with the legislation of the Republic of Kazakhstan;
submit proposals to the Committee on improving expert activities in the field of customs;
participate in the development of risk profiles within their competence and the preparation of proposals for improving the risk management system;
provide information and explanations on issues within the competence of the Central Customs Laboratory;
to carry out international cooperation within its competence;
get acquainted with the materials related to customs expertise;
exercise other rights provided for by the legislation of the Republic of Kazakhstan;
2) responsibilities:
gets acquainted with the materials related to customs expertise;
to conduct studies of samples and samples submitted for customs examination in compliance with their admissibility and reliability, to submit the conclusion of a customs expert (expert) on the basis of a full, comprehensive and objective assessment of the results of research;
not to disclose the information obtained as a result of the customs examination, not to use it for other purposes and not to transfer it to third parties, except in cases provided for by the legislation of the Republic of Kazakhstan;
comply with the established deadlines for customs examination;
to carry out work on independent identification, suppression, prevention of corruption offenses;
to carry out measures aimed at preventing corruption offenses in the Central Customs Laboratory;
to get acquainted with the materials, to conduct studies of the submitted samples and samples in compliance with their admissibility and reliability, as well as to comply with the established deadlines for conducting examinations not provided for by Chapter 54 of the Code of the Republic of Kazakhstan "On Customs Regulation in the Republic of Kazakhstan";
perform other duties stipulated by the legislation of the Republic of Kazakhstan.
15. Functions:
1) application of the provisions of international treaties in accordance with the procedure established by the customs legislation of the EAEU and the Republic of Kazakhstan;
2) interaction within the competence with other state bodies and other bodies to ensure economic security;
3) interaction with other state bodies and other organizations through information systems in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
4) implementation of licensed activities;
5) development, improvement and implementation of a quality management system in the activities of the Central Customs Laboratory;
6) implementation of customs expertise and research of goods, vehicles, documents, as well as other objects transported across the customs border of the EAEU;
7) conducting departmental, individual, dosimetric control of employees of territorial bodies of state revenue;
8) implementation of metrological support of measuring instruments of the Central Customs Laboratory;
9) acquisition and provision of updating of normative documentation on standardization;
10) implementation of scientific and methodological work on expert activities in the field of customs;
11) conducting interlaboratory comparison and (or) comparative tests;
12) implementation of measures to confirm competence as a testing laboratory in accordance with the legislation of the Republic of Kazakhstan and international treaties;
13) sending proposals for training, retraining and advanced training of employees of the Central Customs Laboratory;
14) conducting information and explanatory work in the field of customs affairs on issues within the competence of the Central Customs Laboratory;