Article 19. Terms of turnover of Petroleum Products of the Law on State Regulation of Production and Turnover of Certain Types of Petroleum Products
1. The import and sale of gasoline and diesel fuel, including metal-containing additives (iron, manganese, lead and others, except for antistatic additives for diesel fuel), and substandard petroleum products, including their storage without further processing, is prohibited on the territory of the Republic of Kazakhstan.
The provisions of this paragraph do not apply to cases of sale of process fuel to a producer of petroleum products for technological needs.
2. The sale of petroleum products subject to the requirements of this Law is allowed:
1) producers of petroleum products – from tanks and (or) gas stations;
2) oil suppliers – from petroleum product loading ramps of production facilities of petroleum product manufacturers, as well as from reservoirs of petroleum product bases and (or) gas stations;
3) importers – from oil products storage tanks and (or) gas stations;
4) wholesale suppliers of petroleum products – from the reservoirs of petroleum products bases and (or) gas stations;
5) retail sellers of petroleum products – from the reservoirs of petroleum products bases and (or) gas stations.
The provisions of the first part of this paragraph do not apply to the sale of road bitumen.
3. The sale, shipment and (or) transportation and pumping of petroleum products are carried out with the mandatory movement of petroleum products through control metering devices:
1) reservoirs – producers of petroleum products, suppliers of petroleum, wholesalers of petroleum products, importers, retail sellers of petroleum products.
Oil suppliers who sell petroleum products obtained as a result of processing crude oil and (or) gas condensate belonging to them from the petroleum product loading platforms of the oil product manufacturer's production facility move such petroleum products through the control metering devices of the oil product manufacturer during the filling process into automobile and (or) railway tanks or pumping, transportation to a tank or filling station an oil supplier.
Importers, as well as oil suppliers, who sell petroleum products obtained as a result of processing their crude oil and (or) gas condensate by refineries located outside the Republic of Kazakhstan, sell petroleum products from reservoirs and (or) gas stations located in the territory of the Republic of Kazakhstan, with mandatory movement of petroleum products through control metering devices.;
The sale, shipment and (or) transportation, as well as pumping of petroleum products from the bases of petroleum products are carried out without the use of control metering devices, while the storage of petroleum products in the tanks of the bases of petroleum products is carried out with mandatory equipment with control metering devices.;
2) gas stations (with the exception of mobile type gas stations) – producers of petroleum products, suppliers of petroleum, wholesalers of petroleum products, importers, retail sellers of petroleum products.
The sale, shipment and (or) transportation and pumping of fuel oil are carried out without the use of control metering devices, except in cases of its shipment and (or) sale from the production facilities of the producer of petroleum products. At the same time, the sale of process fuel by an oil supplier to a producer of petroleum products for technological needs is carried out without the use of control metering devices.
The sale of petroleum products located in tanks for storing petroleum products at gas stations (with the exception of mobile gas stations) and (or) bases of petroleum products, carried out in connection with the change of owner and (or) owner (lessee) of such gas stations and (or) bases of petroleum products, is allowed without draining (shipping) petroleum products from such tanks..
The sale, shipment and (or) transportation, pumping of road bitumen are carried out without the use of control metering devices.
The sale of petroleum products through commodity exchanges in accordance with the rules of exchange trading can be carried out without draining (shipping) petroleum products from the corresponding tanks for storing petroleum products.
3-1. Oil suppliers have the right to sell petroleum products from the oil product loading platforms of the oil product manufacturer's production facility.
The transfer of petroleum products, which are the product of the processing of toll raw materials, by the producer of petroleum products to the supplier of oil is carried out by pouring into automobile and (or) railway tanks or pumping, transporting to a tank or to a gas station of the supplier of oil, owned by him on the right of ownership or other legal grounds, and is documented by acceptance and transfer acts.
4. Clause 4 was in effect from 01.01.2018 to 31.12.2020 in accordance with the Law of the Republic of Kazakhstan dated 30.12.2021 No. 96-VII.
4-1. The right to sell petroleum products outside the territory of the Republic of Kazakhstan belongs exclusively to producers of petroleum products and oil suppliers.
At the same time, the persons specified in the first part of this paragraph have the right to sell outside the territory of the Republic of Kazakhstan only petroleum products produced from crude oil and (or) gas condensate owned by them on the right of ownership or on other legal grounds, in volumes not exceeding those specified in the plan for the supply of petroleum products.
Other persons are not entitled to sell petroleum products outside the territory of the Republic of Kazakhstan.
The restrictions established by this paragraph do not apply to the supply of fuel oil.
4-2. The sale of petroleum products and (or) refined products is carried out by the entities specified in paragraph 2 of this Article, subject to the following documents confirming their origin:
1) a document confirming the quality (quality certificate);
2) a contract for the purchase and sale and (or) supply of petroleum products and (or) refined products;
3) transportation documents issued in accordance with the legislation of the Republic of Kazakhstan on road transport, railway transport, inland waterway transport, main pipeline and tax legislation of the Republic of Kazakhstan.
The documents specified in the first part of this paragraph shall be submitted on paper and (or) in the form of an electronic document.
5. Excluded by the Law of the Republic of Kazakhstan dated 04/09/2016 No. 500-V (effective after ten calendar days after its first official publication).
The Law of the Republic of Kazakhstan dated July 20, 2011 No. 463-IV.
This Law regulates public relations arising in the process of production and turnover of certain types of petroleum products: gasoline, aviation and diesel fuel, fuel oil, road bitumen.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases