Article 343. Customs declaration of goods for personal use of the Code on Customs Regulation in the Republic of Kazakhstan
1. Customs declaration is subject to:
1) goods for personal use, with the exception of vehicles for personal use, transported across the customs border of the Eurasian Economic Union in unaccompanied baggage, or goods for personal use delivered by a carrier;
2) goods for personal use, with the exception of vehicles for personal use, transported across the customs border of the Eurasian Economic Union in any way, in respect of which prohibitions and restrictions are subject to compliance in accordance with Article 8 of this Code and the submission of documents and (or) information confirming compliance with such prohibitions and restrictions is required.;
3) goods for personal use, with the exception of vehicles for personal use, transported across the customs border of the Eurasian Economic Union in accompanied baggage, in respect of which customs duties and taxes are payable;
4) goods for personal use, with the exception of vehicles for personal use, imported with exemption from customs duties and taxes in accompanied baggage;
5) vehicles for personal use transported across the customs border of the Eurasian Economic Union in any way, with the exception of vehicles for personal use registered in the member States of the Eurasian Economic Union;
6) temporarily imported vehicles for personal use located in the customs territory of the Eurasian Economic Union in the cases provided for in paragraphs 5, 7 and 12 of Article 347 of this Code;
7) cash and (or) traveller's cheques, if the total amount of such cash and (or) traveller's cheques upon their one-time import into the customs territory of the Eurasian Economic Union or one-time export from the customs territory of the Eurasian Economic Union exceeds the amount equivalent to ten thousand US dollars at the exchange rate effective on the day of submission to the customs authority passenger customs declaration;
8) monetary instruments, with the exception of traveler's checks;
9) cultural values subject to prohibitions and restrictions in accordance with Article 8 of this Code;
10) goods for personal use sent by international mail;
11) parts of a vehicle for personal use specified in the second part of paragraph 3 of Article 348 of this Code;
12) the goods specified in paragraph 18 of this Article.
2. Goods for personal use specified in paragraph 1 of this Article, transported in the accompanied baggage of an individual traveling by air in transit through the customs territory of the Eurasian Economic Union, are not subject to customs declaration if such a person, after arriving at the customs territory of the Eurasian Economic Union, departs from the customs territory of the Eurasian Economic Union without leaving the transit zone of the international airport. the union.
3. The customs declaration of goods for personal use, including those placed under the customs procedure of customs transit in accordance with Article 346 of this Code, is carried out using a passenger customs declaration.
The information to be indicated in the passenger customs declaration shall be determined by the Commission when determining the procedure for completing such a customs declaration, taking into account paragraph 9 of this Article.
The passenger customs declaration is filled out in Kazakh, Russian or English, and with the permission of the customs authority – in another foreign language spoken by officials of the customs authority to which such a customs declaration will be submitted.
If documents provided for by acts of the Universal Postal Union and accompanying international mail items are used as a passenger customs declaration, such documents shall be filled in in the languages specified by such acts.
Documents containing information necessary for the release of goods for personal use may be used as a passenger customs declaration in the cases and in accordance with the procedure established by this Code, international treaties within the framework of the Eurasian Economic Union and (or) determined by the Commission.
4. The customs declaration of goods for personal use sent in international mail shall be carried out subject to Article 369 of this Code.
5. The customs declaration of cash and (or) monetary instruments is carried out taking into account paragraphs 16 and 17 of this Article.
6. The customs declaration of goods for personal use transported across the customs border of the Eurasian Economic Union in accompanied baggage is carried out by individuals while they are traveling across the customs border of the Eurasian Economic Union with simultaneous presentation of these goods to the customs authority.
The customs declaration of goods for personal use transported across the customs border of the Eurasian Economic Union in accompanied baggage by air is carried out by individuals in the territory of the member State of the Eurasian Economic Union in which the international airport is located, where the accompanied baggage is issued to this person and the person leaves the customs control area of this international airport.
7. Customs declaration of goods for personal use transported across the customs border of the Eurasian Economic Union in unaccompanied baggage is carried out by individuals in the member State of the Eurasian Economic Union, in which such individuals permanently or temporarily reside or temporarily stay.
8. Customs declaration of goods for personal use delivered by a carrier or transported in international mail is carried out in a member State of the Eurasian Economic Union in which an individual who is the sender or recipient of such goods for personal use permanently or temporarily resides or temporarily resides.
9. When declaring goods for personal use, with the exception of goods for personal use transported in international mail or placed under the customs procedure of customs transit, one of the following purposes is declared for their importation into the customs territory of the Eurasian Economic Union and (or) stay in the customs territory of the Eurasian Economic Union or export from the customs territory of the Eurasian Economic Union: the Economic Union:
1) free circulation;
2) temporary importation. Temporary importation may be declared only in respect of vehicles for personal use specified in Article 347 of this Code.;
3) export;
4) temporary export.
10. An individual has the right, at his own request, to carry out customs declaration of goods for personal use that are not subject to customs declaration.
If an individual moves goods for personal use in accompanied and unaccompanied baggage across the customs border of the Eurasian Economic Union, such a person has the right to make a customs declaration of goods for personal use that are not subject to customs declaration, imported in accompanied baggage, for the purposes of accounting for the cost, weight and (or) quantitative norms within which the goods for personal use They are imported into the customs territory of the Eurasian Economic Union without payment of customs duties and taxes.
11. The customs declaration of goods for personal use is carried out by the declarant or a customs representative, and in cases determined by the Commission, by another person acting on behalf of and on behalf of the declarant.
12. In respect of goods for personal use transported across the customs border of the Eurasian Economic Union in accompanied baggage, a passenger customs declaration is submitted to the customs authority located at the place of movement of goods across the customs border of the Eurasian Economic Union, including for placing goods for personal use under the customs procedure of customs transit.
If goods for personal use transported across the customs border of the Eurasian Economic Union in accompanied baggage are placed under the customs procedure of customs transit, a passenger customs declaration for the release of such goods into free circulation or for temporary importation shall be submitted to the customs authority of the place of delivery, with the exception of the case provided for in part three of this paragraph.
In respect of goods for personal use placed in temporary storage in accordance with Article 342 of this Code, a passenger customs declaration for the release of such goods into free circulation shall be submitted to the customs authority that registered the application specified in the first part of paragraph 3 of Article 342 of this Code.
In respect of goods for personal use transported across the customs border of the Eurasian Economic Union in unaccompanied baggage or delivered by a carrier, the passenger customs declaration is submitted to the customs authority authorized in accordance with the legislation of the Republic of Kazakhstan to register the passenger customs declaration.
13. If the goods for personal use are placed in temporary storage, the passenger customs declaration is filed in accordance with paragraph 1 of Article 181 of this Code.
14. Natural persons of the member states of the Eurasian Economic Union or foreign natural persons who have reached the age of sixteen may act as declarants of goods for personal use.:
1) having, at the time of crossing the customs border of the Eurasian Economic Union, the right to own, use and (or) dispose of goods for personal use transported across the customs border of the Eurasian Economic Union in accompanied baggage;
2) who have transferred (are transferring) to the carrier goods for personal use, including vehicles for personal use, transported across the customs border of the Eurasian Economic Union in unaccompanied baggage;
3) who are senders of goods for personal use or recipients of goods for personal use sent in international mail;
4) to which address or from which goods for personal use, including vehicles for personal use, are delivered by the carrier;
5) having the right of ownership in respect of a vehicle for personal use, the customs declaration of which is carried out for release into free circulation;
6) following through the customs border of the Eurasian Economic Union in a vehicle for personal use belonging to them by right of possession, use and (or) disposal, unless otherwise established by this chapter;
7) who have acquired the right to own, use and (or) dispose of a vehicle for personal use located in the customs territory of the Eurasian Economic Union under customs control, including by court decision or inheritance right;
8) having the right to own, use and (or) dispose of a vehicle for personal use located in the customs territory of the Eurasian Economic Union under customs control and placed under the customs procedure of customs transit;
9) carrying out the export from the customs territory of the Eurasian Economic Union of a temporarily imported vehicle for personal use, transferred to them in accordance with subitems 2) and 3) of paragraph 8 and paragraph 9 of Article 347 of this Code;
10) accompanying persons who have not reached the age of sixteen (one of the parents, adoptive parents, guardians or trustees of these persons, another accompanying person or a representative of the carrier in the absence of accompanying persons, and in the case of an organized departure (entry) of a group of minors unaccompanied by parents, adoptive parents, guardians or trustees, other persons – the head of the group or a representative of the carrier), – in relation to goods for personal use of individuals under the age of sixteen;
11) specified in paragraph 18 of this Article.
15. When sending goods for personal use in international mail to an individual located in the customs territory of the Eurasian Economic Union, the declarants of such goods may also be legal entities that are the senders of such goods.
16. During the customs declaration of monetary instruments, with the exception of traveler's checks, the passenger customs declaration shall indicate the nominal value or the corresponding amount in the national currency of the Republic of Kazakhstan or a foreign currency, the right to receive which is certified by the monetary instrument. If there is no nominal value and it is impossible to determine the amount in the national currency of the Republic of Kazakhstan or a foreign currency, the right to receive which is certified by a monetary instrument, the passenger customs declaration indicates the number of monetary instruments transported across the customs border of the Eurasian Economic Union.
17. In order to counteract the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction when individuals move cash and (or) monetary instruments subject to customs declaration across the customs border of the Eurasian Economic Union, the following information must be indicated in the passenger customs declaration:
1) details of the document confirming the right of a foreign citizen or a stateless person to stay (reside) in the territory of the Republic of Kazakhstan, the address of the place of residence (registration) or place of stay in the territory of the Republic of Kazakhstan;
2) information about monetary instruments, with the exception of traveler's checks (type of monetary instrument, name of the issuer, date of issue and identifying number (if any));
3) information about the source of origin of cash and (or) monetary instruments, about their owners, if the transferred cash and (or) monetary instruments are not the property of the declarant, as well as information about the intended use of such cash and (or) monetary instruments;
4) information about the route and method of transportation (the type of transport used for transportation) of cash and (or) monetary instruments.
18. When moving coffins with bodies (remains) and urns with ashes (ashes) of the deceased across the customs border of the Eurasian Economic Union, an application in any form submitted by the person accompanying the coffin with the body (remains) or urn with ashes (ashes) of the deceased may be used as a passenger customs declaration.
19. During the customs declaration of coffins with bodies (remains) and urns with ashes (ashes) of the deceased exported from the customs territory of the Eurasian Economic Union, the following documents are submitted:
1) a death certificate or notification issued by the civil registration departments in accordance with the procedure established for civil registration in the Republic of Kazakhstan, or a medical certificate or death notification, or notarized copies of these documents, and in the absence of such documents due to the prescription of burial – other documents that identify the remains being exported;
2) an arbitrary conclusion by local state sanitary supervision authorities on the possibility of exhumation in case of reburial;
3) an act (certificate) in any form of a specialized organization that performed funeral services for sealing zinc coffins, indicating that there are no extraneous attachments in them, and attaching an inventory of the deceased's belongings and valuables if they are sent along with the body (remains) of the deceased.
20. During the customs declaration of coffins with bodies (remains) and urns with ashes (ashes) of the deceased imported into the customs territory of the Eurasian Economic Union, the following documents are submitted:
1) a death certificate issued by an authorized institution of the country of departure, or a medical death certificate, or copies of these documents, and in the absence of such documents due to the prescription of burial, other documents allowing identification of imported remains.;
2) an act (certificate) in any form of a specialized organization that performed funeral services for sealing zinc coffins, indicating that there are no extraneous attachments in them, and attaching an inventory of the deceased's belongings and valuables if they are sent along with the body (remains) of the deceased.
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
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