Article 202. Conditions for placing goods under the customs procedure of a free customs zone and their use in accordance with such a customs procedure of the Customs Code of the Eurasian Economic Union

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Article 202. Conditions for placing goods under the customs procedure of a free customs zone and their use in accordance with such a customs procedure of the Customs Code of the Eurasian Economic Union

1. The conditions for placing goods under the customs procedure of a free customs zone are:

1) the goods are intended for placement and (or) use by residents (participants, subjects) of the FEZ on the territory of the FEZ in order for residents (participants, subjects) of the FEZ to carry out entrepreneurial and other activities in accordance with the agreement (agreement) on the implementation (conduct) of activities on the territory of the FEZ (agreement on the conditions of activity in the FEZ, investment declaration, business program), unless otherwise established by the legislation of a Member State in accordance with paragraph 2 of Article 201 of this Code for the placement and (or) use on the territories of individual FEZs established on the territory of such a Member State.;

2) goods are intended to be placed on the territory of a port FEZ or logistics FEZ by persons who are not residents (participants, subjects) of a port FEZ or logistics FEZ and who have concluded a service agreement with residents (participants, subjects) of a port FEZ or logistics FEZ, provided that transactions performed with goods in the provision of such services, do not change the characteristics of goods related to changing the code in accordance with the Commodity Nomenclature of foreign economic activity;

3) compliance with prohibitions and restrictions on foreign goods in accordance with Article 7 of this Code.

2. The declarants of goods placed under the customs procedure of a free customs zone may be persons who are residents (participants, subjects) of the FEZ on the territory of which these goods will be located, and in the cases provided for in paragraphs 3 and 4 of this Article, also other persons specified in paragraph 3 of this Article or determined by the Commission in accordance with in accordance with paragraph 4 of this article.

3. The declarants of the goods specified in subparagraph 2 of paragraph 1 of this Article, imported into the territory of a port FEZ or logistics FEZ or exported from the territory of a port FEZ or logistics FEZ to the rest of the customs territory of the Union or beyond, may be the persons specified in subparagraph 1 and paragraph three of subparagraph 2 of paragraph 1 of Article 83 of this Code, based on a service agreement.

4. The Commission has the right to identify persons of the member states who are not residents (participants, subjects) of the FEZ, and cases when these persons may act as declarants of goods placed under the customs procedure of the free customs zone.

5. The conditions for the use of goods in accordance with the customs procedure of the free customs zone are:

1) placement and presence of goods placed under the customs procedure of a free customs zone on the territory of the FEZ during the period of operation of the FEZ or the period of application of the customs procedure of a free customs zone on the territory of the FEZ or until the person loses the status of a resident (participant, subject) of the FEZ, subject to paragraph 4 of Article 205 of this Code;

2) the use of goods placed under the customs procedure of the free customs zone on the territory of the FEZ in accordance with:

an agreement (agreement) on the implementation (conduct) of activities on the territory of the FEZ (agreement on the conditions of activity in the FEZ, investment declaration, business program) or the objectives established by the legislation of the member state in accordance with paragraph 2 of Article 201 of this Code;

a service agreement concluded between a person who is not a resident (participant, subject) of a port FEZ or logistics FEZ and a resident (participant, subject) of a port FEZ or logistics FEZ, if the goods are placed under the customs procedure of a free customs zone on the territory of a port FEZ or logistics FEZ for the provision of such services;

3) the placement and use of goods placed under the customs procedure of the free customs zone on the territory of the FEZ, carried out by:

the declarant of such goods or other persons defined by this Code or determined by the legislation of the Member States in accordance with this Code;

a resident (participant, subject) of a port FEZ or logistics FEZ, if he stores goods under a service agreement and is not a declarant of such goods.;

4) the commission of actions in respect of goods placed under the customs procedure of the free customs zone in accordance with Article 205 of this Code.

6. Upon termination of the operation of the FEZ or the decision to terminate the application of the customs procedure of the free customs zone on the territory of the FEZ, or upon loss of the status of a resident (participant, subject) of the FEZ, the conditions for the use of goods in accordance with the customs procedure of the free customs zone, as defined in paragraph 5 of this Article, must be observed until the completion or termination of this customs procedure in accordance with in accordance with paragraphs 3 and 4 of Article 207 of this Code.

7. If a resident (participant, subject) of a port FEZ or logistics FEZ carries out storage of goods under a service agreement, of which he is not a declarant, he is obliged to comply with the conditions of use of goods in accordance with the customs procedure of the free customs zone.

The Customs Code of the Eurasian Economic Union was adopted on April 11, 2017.

It was ratified by the Law of the Republic of Kazakhstan dated December 13, 2017 No. 115-VI SAM.

President

Republic of Kazakhstan

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