Inclusion of duty free shops into the register of owners

You can obtain a service via the Portal:

Using EDS:

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

An official of a territorial body of the authorized customs agency shall inspect the the service recipient’s premises and territories in accordance with paragraph 3 of Article 415 of the Code of the Republic of Kazakhstan "On Customs Regulation in the Republic of Kazakhstan" for the compliance with the requirements defined by Article 524 of the Customs Code.

Conducting a customs inspection of premises and territories, the service recipient shall provide the service provider's official with the following document copies, presenting the originals as well:
1. confirming the right of ownership, use and (or) disposal of structures and (or) premises (parts of premises) suitable for use as a duty-free shop;
2. registration documents or permits for retail trade, if there is a provision under the law of the Republic of Kazakhstan as a commitment to obtain them.

In this case, the copies of the documents submitted shall be attached to the customs premises and territories inspection act, which remains with the territorial customs authority.

Upon the completion of the customs premises and territories inspection, one copy of the customs premises and territories inspection act shall be handed over to the service recipient.

1. failure to submit all documents specified in paragraph 8 of this List;

2. the service recipient’s failure to meet the following conditions:

   • possession of facilities and/or premises (or parts of premises) intended for use as a duty-free shop under ownership, economic management, operational control, or lease, and meeting the following requirements:

   •  the sales area must be located outside the area designated for customs declaration of goods;

   • within the duty-free shop, there must be areas designated for trading operations, as well as separate enclosed areas intended for ensuring the safekeeping of goods and for preparing goods for sale (such as unpacking, unboxing, and other operations);

   • availability of registration documents or retail trade permits in cases stipulated by the legislation of the Republic of Kazakhstan;

   • absence, as of the date of application to the service provider, of any outstanding obligations to pay customs duties, taxes, special, anti-dumping, compensatory duties, penalties, or interest within the established deadlines;

   • absence of instances, within one year prior to the date of application to the customs authority, of being held administratively liable under Articles 528, 532, 535, 538, 544, 551, and 555 of the Code of Administrative Offenses of the Republic of Kazakhstan;

   • for duty-free shops intended for selling goods to persons specified in subparagraph 4) of paragraph 2 of Article 324 of the Code, additional conditions for inclusion in the relevant register shall be established by the authorized body in coordination with the authorized body in the field of foreign policy pursuant to paragraph 1 of Article 525 of the Code;

   • availability of a contract (agreement) for the use of the electronic invoicing information system;

   • absence of an unexpunged conviction under Articles 190, 192-1, 193, 209, 213, 214, 218, 233, 233-1, 250, 259, 311, and 312 of the Criminal Code of the Republic of Kazakhstan, as well as under Articles 214, 216, 218, 234, 235, 236, 241, 245, 255, 256, 286, 297, 366, and 367 of the Criminal Code of the Republic of Kazakhstan for individuals who are heads of legal entities applying for inclusion in the register of duty-free shop owners;

   • if the facilities and/or premises (or parts thereof) are leased on the date of submission of the application for inclusion in the register of duty-free shop owners, the lease agreement for such facilities and/or premises (or parts thereof) must be concluded for a term of at least six months;

3. detection of falsified documents submitted by the service recipient for obtaining the public service and/or inaccurate data (information) contained therein;

4. non-compliance of the service recipient and/or the submitted materials, objects, data, and information required for the provision of the public service with the requirements of these Rules;

5. absence of the service recipient’s consent, provided in accordance with Article 8 of the Law of the Republic of Kazakhstan “On Personal Data and Their Protection,” for access to restricted personal data required for the provision of the public service.

• 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.

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