Article 19. Relation to information received by the customs authorities of the Code on Customs Regulation in the Republic of Kazakhstan

Home / RLA / Article 19. Relation to information received by the customs authorities of the Code on Customs Regulation in the Republic of Kazakhstan

1. Any information received by the customs authorities in accordance with the customs legislation of the Eurasian Economic Union, international treaties of the Republic of Kazakhstan, customs and other legislation of the Republic of Kazakhstan, is used by the customs authorities solely for the performance of their assigned tasks and functions.

2. Customs authorities, their officials, as well as other persons who, in accordance with the customs legislation of the Eurasian Economic Union, international treaties of the Republic of Kazakhstan, customs and other legislation of the Republic of Kazakhstan, have access to the information specified in paragraph 1 of this Article, may not disclose, use for personal purposes or transfer to other persons, including State bodies of the States – members of the Eurasian Economic Union, information constituting state, commercial, banking, tax and other secrets (secrets) protected by the laws of the Republic of Kazakhstan, as well as other confidential information, except for the following cases::

1) established by international treaties of the Republic of Kazakhstan and this Code;

2) provided for in paragraph 3 of this Article.

3. The customs authorities shall transmit the information provided to them, including preliminary information, to the state bodies of the Republic of Kazakhstan, if such information is necessary for the specified bodies to perform the tasks and perform the functions assigned to them by the legislation of the Republic of Kazakhstan, in accordance with the procedure and in compliance with the requirements of the legislation of the Republic of Kazakhstan on the protection of state, commercial, banking, tax and other legally protected information. secrets (secrets), as well as other confidential information, international treaties of the Republic of Kazakhstan, and in relation to information, received in accordance with Chapter 49 of this Code, – also in compliance with the requirements of Article 449 of this Code, in the following cases:

1) to law enforcement and special state bodies of the Republic of Kazakhstan within the limits of their competence established by the legislation of the Republic of Kazakhstan, on the basis of a reasoned request in hard copy or in the form of an electronic document authorized by the prosecutor. A sanction is not required if the prosecutor requests such information.;

2) to the courts: in cases pending before them on the basis of a request;

3) other state bodies of the Republic of Kazakhstan in cases established by the legislation of the Republic of Kazakhstan and in accordance with the procedure determined by joint acts;

4) to the authorized financial monitoring body – in accordance with the Law of the Republic of Kazakhstan "On Countering the Legalization (Laundering) of Proceeds from Crime and the Financing of terrorism";

5) information on importers to the authorized body in the field of environmental protection, indicating their legal addresses, volumes and types of products (goods) imported into the territory of the Republic of Kazakhstan, which are subject to extended obligations of manufacturers (importers) in accordance with the legislation of the Republic of Kazakhstan.

4. Any information received in accordance with paragraph 3 of this Article is not subject to disclosure and dissemination, except in cases of transmission of information:

to another state body of the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan;

Commissions for the purposes of investigations in accordance with the legislation of the Republic of Kazakhstan on special protective, anti-dumping and countervailing measures in relation to third countries;

the competent authority of a foreign state and (or) the union of foreign states when conducting special protective, anti-dumping, and countervailing investigations in respect of goods originating from the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan.;

to the competent authority of a member state of the Eurasian Economic Union and (or) the Eurasian Economic Commission when conducting a compensatory investigation in accordance with the legislation of the Republic of Kazakhstan.

5. Officials of customs authorities, officials of other state bodies or organizations of the Republic of Kazakhstan, who have received from customs authorities or other authorized bodies the information specified in paragraph 1 of this Article, are not entitled to disseminate such information both during the performance of their duties and after completion of their performance in accordance with the legislation of the Republic of Kazakhstan.

The information specified in paragraph 1 of this Article is not subject to disclosure by specialists involved in customs control, both in the performance of their duties during customs control and after its completion.

6. In accordance with the legislation of the Republic of Kazakhstan, customs authorities transfer a backup copy of information resources to a single backup storage platform for electronic information resources in accordance with the procedure and deadlines determined by authorized bodies in the field of information security and national security in coordination with the authorized body.

In this case, the use of such data transferred for storage is carried out only by the authorized body.

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