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Decision on the origin of goods

Как получить услугу

Online

Individuals

You can obtain a service via the Portal:

Using EDS:

Log in to the portal and click the "Order a service online" button (to obtain services, 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 an EDS (e-digital signature). Track the status of your application on the keden.kgd.gov.kz portal.

Online

Legal entities

You can obtain a service via the Portal:

Using EDS:

Log in to the portal and click the "Order a service online" button (to obtain services, 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 an EDS (e-digital signature). Track the status of your application on the keden.kgd.gov.kz portal.

Government for citizens

Individuals

Documents required for submission to "Government for Citizens" Public Corporation":

For a preliminary decision on the origin of the goods:

1. Application. Application should contain information about:

the applicant (surname, name, patronymic (if it is indicated in the identity document) or the name, place of residence or location);
product (full commercial name, company name (trademark), basic technical and commercial characteristics (functional purpose, variety, brand, model, item, description of individual and transport packaging), code in accordance with the Commodity Nomenclature of Foreign Economic Activities, cost);
the materials from which the goods are made, their origin, codes in accordance with the Harmonized Commodity Description and Coding System, cost;
production and technological operations committed for the manufacture of goods;
payment of customs duty for making a preliminary decision on the origin of the goods.

2. А copy of the document confirming the payment of customs duty for making a preliminary decision on classification goods.

Certificates of the chambers of commerce and (or) other expert organizations of the country (group of countries, customs union of countries, region or part of the country) of the manufacturer of the goods and a certificate of origin of the goods for which a preliminary the decision on the origin of the goods should be attached to the statement of the preliminary decision on the origin of the goods.

The application for making a preliminary decision on the origin of the goods may be accompanied by other documents confirming the information specified therein: test reports, opinions of experts from expert organizations, which contain the results of the product research, documents confirming the transaction involving the movement of goods across the customs border of the Eurasian Economic Union , calculation of the cost of goods produced, commercial accounts, accounting documents, a detailed description of the technological about the process of manufacturing the goods and other documents showing that the goods were fully received, produced or subjected to sufficient processing (processing) in the territory of the country (group of countries, customs union of countries, region or part of the country) of origin of goods, photographs, drawings, drawings , product passports and other documents necessary for making a preliminary decision on the origin of goods.

Samples and / or samples of goods may also be attached to the application for making a preliminary decision on the origin of the goods.

To obtain a duplicate:

1. Free form application.

The duplicate of the preliminary decision on the origin of the goods reflects all the information contained in the original preliminary decision on the origin of the goods, including the registration number and the date of the preliminary decision on the origin of the goods, and the “Duplicate” mark.

Government for citizens

Legal entities

Documents required for submission to "Government for Citizens" Public Corporation":

For a preliminary decision on the origin of the goods:

1. Application. Application should contain information about:

the applicant (surname, name, patronymic (if it is indicated in the identity document) or the name, place of residence or location);
product (full commercial name, company name (trademark), basic technical and commercial characteristics (functional purpose, variety, brand, model, item, description of individual and transport packaging), code in accordance with the Commodity Nomenclature of Foreign Economic Activities, cost);
the materials from which the goods are made, their origin, codes in accordance with the Harmonized Commodity Description and Coding System, cost;
production and technological operations committed for the manufacture of goods;
payment of customs duty for making a preliminary decision on the origin of the goods.

2. А copy of the document confirming the payment of customs duty for making a preliminary decision on classification goods.

Samples and / or samples of goods may also be attached to the application for making a preliminary decision on the origin of the goods.

To obtain a duplicate:

1. Free form application.

Результат оказания услуги

1) if the additional information is not submitted within the time limit established in point 8 of the List in accordance with Annex 1 to these Regulations, or the service recipient has refused to submit the documents and information necessary for the classification of the goods;

2) if the components of the goods transported across the customs border of the Eurasian Economic Union in an unassembled or disassembled form, including in an incomplete or unfinished form, in accordance with the rules of classification do not form goods, classified according to the code of the finished or complete goods;

3) in the presence of contradictory information specified in the application and the documents attached thereto;

4) establishing the untrustworthiness of the documents presented by the service provider for the receipt of the public service, and (or) data (information) contained therein;

5) the non-compliance of the service provider and (or) presented materials, objects, data and information necessary for the provision of public services to the requirements of the current rules;

6) the absence of the 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", for access to sensitive personal data, which are required for the provision of public services.

Часто задаваемые вопросы

What can be the reasons for refusal to deliver a public servise?

Refusal to deliver a public service might be caused by unreliable documents provided by a service recepient and (or) data that is contained in the documents.

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

Preliminary decision on definition of the origin of goods

Получатели услуги

Individuals

Legal entities

Individuals

Legal entities