Article 413. Customs inspection of the Code on Customs Regulation in the Republic of Kazakhstan

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1. Customs inspection is a form of customs control consisting in conducting an inspection and performing other actions with respect to goods, including vehicles and baggage of individuals, with opening the packaging of goods, cargo spaces (compartments) of vehicles, containers, containers or other places in which the goods are or may be located, and (or) with the removal of customs seals, seals or other means of identification applied to them, disassembly, dismantling or violation of the integrity of the examined objects and their parts by other means.

2. Customs inspection is carried out for the purpose of checking and (or) obtaining information about the goods in respect of which customs control is carried out.

The procedure for conducting customs inspection is determined by the authorized body.

3. The customs authority shall notify the declarant or any other person with authority over the goods, if these persons have been identified, of the place and time of the customs inspection in any way that allows confirming the receipt of the notification. When setting the time for customs inspection, the reasonable time of arrival of such persons is taken into account. At the same time, the time limits for the arrival of the declarant and other persons with authority over the goods must take into account the time limits for customs control in accordance with paragraph 6 of Article 193 of this Code.

4. The declarant, other persons having authority over the goods, and their representatives may, on their own initiative, be present during the customs inspection, with the exception of the cases specified in paragraph 6 of this Article.

5. At the request of the customs authority, the declarant or other persons with authority over the goods and their representatives are required to be present during the customs inspection and provide the necessary assistance to customs officials. In the absence of a representative specifically authorized by the carrier, this is the individual driving the vehicle.

6. The customs authority has the right to conduct a customs inspection in the absence of the declarant, other persons with authority over the goods, and their representatives in the following cases::

1) non-appearance of the specified persons or cases when such persons are not identified;

2) the existence of threats to national (state) security, human life and health, animals and plants, the environment, and the preservation of national cultural heritage sites. – members of the Eurasian Economic Union and the occurrence of other urgent circumstances, including the presence of signs indicating that the goods are flammable substances, explosive objects, explosive, toxic, dangerous chemical and biological substances, narcotic drugs, psychotropic, potent, poisonous, toxic, radioactive substances, nuclear materials and others similar products, as well as cases where the goods spread an unpleasant odor.;

3) shipments of goods in international mail;

4) abandonment of goods in the customs territory of the Eurasian Economic Union in violation of the customs procedure providing for their export from the customs territory of the Eurasian Economic Union, or the conditions established for the use of certain categories of goods that are not subject to customs procedures in accordance with this Code.

7. In the cases specified in subitems 1), 2) and 4) of paragraph 6 of this Article, customs inspection shall be carried out in the presence of two witnesses, and in the case specified in subitem 3) of paragraph 6 of this Article – in the presence of a representative of the designated postal operator, and in his absence – in the presence of two the witnesses.

8. The results of a customs inspection shall be formalized by drawing up a customs inspection report, the form of which shall be determined by the Commission, with the exception of the case provided for in paragraph 3 of Article 401 of this Code.

9. The following information is indicated in the customs inspection report:

1) information about the officials of the customs body who conducted the customs inspection and the persons who were present during its conduct;

2) reasons for conducting a customs inspection in the absence of a declarant or other person with authority over the goods;

3) customs inspection results;

4) other information provided by the form of the act.

10. The act of customs inspection is drawn up in two copies, one of which is handed over (sent) to the declarant or another person with authority over the goods, or to their representatives, if these persons are identified, in case of detection of a violation or at his request.

President

Republic of Kazakhstan

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