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Inclusion of custom representatives into a register

Как получить услугу

Online

Legal entities

You can obtain a service via the Portal:

Using EDS:

Log in to the portal and click the "Order the service online" button (to receive the service, you must be registered on the keden.kgd.gov.kz website).
Fill in the required fields on the keden.kgd.gov.kz website and sign the query with the EDS (e-digital signature).
Track the application status on the keden.kgd.gov.kz portal.

The following information declared supporting e-documents shall be attached to the application:

information on the registration of the fulfillment of liability of a legal entity operating in the field of customs affairs in accordance with Chapter 10 of this Code;
a civil liability insurance agreement concluded electronically using the insurer's website and/or websites of other organizations.

Результат оказания услуги

A decision on the inclusion into the register of customs representatives, with a notification or a reasoned response to reject to provide the public service.

Часто задаваемые вопросы

What should be done when obtaining a refusal?

1) the failure of the service recipient to meet the following requirements:

the existence of a civil liability insurance contract of the customs representative, the liability may occur as a result of damage to the property of the represented persons or breach of agreements with these persons, for the insured amount established by the insurance contract;
security for liability of a legal entity operating in the field of customs, in the amount determined by the Committee, and in relation to a legal entity whose scope of activity as a customs representative will be limited to performing customs operations with respect to goods not subject to export customs duties and placed under the customs procedure of export - in the amount equivalent to one hundred and fifty thousand euros, using the exchange rate; the absence on the day of applying to the service provider for inclusion in the register of customs representatives of an unfulfilled obligation to pay customs duties, taxes, special, anti-dumping, countervailing duties, penalties, interest within the established period;
the existence of an agreement (contract agreement) on the use of an electronic invoice information system;

2) the failure to submit all the documents specified in paragraph 8 of this List. 3) the set of the inaccuracy of documents submitted by the service recipient to receive the public service, and (or) data (information) contained therein;

4) the non-compliance of the service recipient and (or) submitted materials, objects, data and information necessary for the provision of the public service with the requirements of these rules;

5) the absence of consent of the service recipient, provided in accordance with Article 8 of the Law of the Republic of Kazakhstan "On Personal Data and Their Protection", to access personal data of limited access, which are required to provide the public service.

Grounds for institution of an administrative procedure

appeal;
initiative of an administrative body or official.

General requirements for the appeal

The appeal submitted in hard copy or electronic form shall indicate:

Full name, IIN, postal address of a natural person, BIN of a legal entity;
name of administrative body, official to whom the appeal is submitted;
the essence of an appeal;
date of filing an appeal;
signature of the applicant or his representative;
other information provided for by legislation of the Republic of Kazakhstan.

If the administrative procedure is on a paid basis, the applicant must submit a document confirming the payment.

Receipt, registration, withdrawal and revoke of an appeal

! It is barred to reject the receipt of an appeal.

Once the appeal is submitted, the applicant is issued a receipt containing a unique number, indicating the date and time, last name and initials, and the position of the person who received the appeal.
In the case of non-compliance with the requirements established by Article 63 Code, the administrative body and the official shall indicate to the applicant the requirements the appeal does not comply with, and set a reasonable time limit for bringing it into compliance with the requirements.
Before a decision is made on the administrative case, the applicant may withdraw the appeal on the basis of his written application.

Referring the appeal to an authorized administrative body and official

An appeal received by an administrative body and official whose authority does not include the consideration of this appeal, within no later than 3 working days from the date of its receipt shall refer it to the authorized administrative body and official, with simultaneous notification of the participant in the administrative procedure.

Timeframe of administrative procedure that is under institution on the basis of an appeal

The timeframe of administrative procedure is 15 working days from the date of receipt of an appeal.

! The laws may set the other timeframe for consideration of appeals (For example, according to the Law “On Access to Information” a reply to a written enquiry is provided within fifteen calendar days from the date of receipt of the information by the owner).

The period of administrative procedure may be extended by a reasoned decision of the head of the administrative body for not more than 2 months, consistently the participant in the administrative procedure is notified within 3 working days from the date of extension.

Complaints procedure

A participant in the administrative procedure has the right to file a complaint the administrative action (inaction) related to the adoption of an administrative act.

If an administrative body and official within the timeframe has not adopted an administrative act or committed an administrative action, then commencing from the date of expiry it is considered that the administrative body and official rejected to adopt the administrative act or commit the administrative action.

The complaint is submitted to the administrative body and official whose administrative act and administrative action (inaction) is being appealed.

An appeal to the court is allowed after a pre-trial appeal. If the law provides for the possibility of going to court without the need to appeal to a higher authority, the administrative act, administrative action (inaction) of the administrative body and official is being disputed, along with the revoke, submit to the court a reasoned position of the head of the higher administrative body and official.

! The Administrative Procedure Code not always rules the procedure of complaint; the industry laws may contain statutes indicating the appeal of the decision in the court, without pre-trial appeal.

Deadline for filing a complaint

A complaint against an administrative act, administrative action (inaction) is submitted to the administrative body and official no later than 3 months from the day when the participant in the administrative procedure became aware of the adoption of the administrative act or the commitment of an administrative action (inaction).
If the deadline is missed for a good reason, at the request of the participant in the administrative procedure, it may be renewed by the body considering the complaint.
Missing the deadline for submitting the complaint is not a basis for rejection to receive the complaint by the body considering the complaint.

! Other laws may establish a special procedure and deadlines for appealing the decisions.

The period for consideration of the complaint is 5 working days from the date of receipt of the complaint.

! Other laws may establish a different period for appealing the decisions of administrative bodies.

Source: Administrative Procedural Code of Republic of Kazakhstan,
The Law of the RK "On Public services"

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Полное название

Inclusion of custom representatives into a register

Получатели услуги

Legal entities

Стоимость услуги

Free

Срок оказания услуги