Article 445. The procedure for sending requests by customs authorities to the customs authorities of other Member States of the Eurasian Economic Union for the submission of copies of documents and (or) information and the execution of such requests received from the customs authorities of the Member States of the Eurasian Economic Union Code on Customs Regulation in the Republic of Kazakhstan

Home / RLA / Article 445. The procedure for sending requests by customs authorities to the customs authorities of other Member States of the Eurasian Economic Union for the submission of copies of documents and (or) information and the execution of such requests received from the customs authorities of the Member States of the Eurasian Economic Union Code on Customs Regulation in the Republic of Kazakhstan

Article 445. The procedure for sending requests by customs authorities to the customs authorities of other Member States of the Eurasian Economic Union for the submission of copies of documents and (or) information and the execution of such requests received from the customs authorities of the Member States of the Eurasian Economic Union Code on Customs Regulation in the Republic of Kazakhstan

1. In order to perform the tasks assigned to the customs authorities, the customs authority of one member State of the Eurasian Economic Union, based on requests from the customs authorities of other member States of the Eurasian Economic Union, shall provide them with copies of documents and (or) information at its disposal or received in accordance with paragraph 7 of this Article.

2. The grounds for sending a request for copies of documents and/or information (hereinafter referred to in this article as the request) are:

1) identification of inconsistencies in information about goods, international transportation vehicles and (or) persons with authority over the goods during the analysis of information obtained as a result of information exchange;

2) availability of information indicating a possible violation of the customs legislation of the Eurasian Economic Union and (or) the Republic of Kazakhstan when sending a request by the customs authority;

3) verification of compliance by a legal entity applying for inclusion in the register of authorized economic operators with the conditions for inclusion in such a register provided for in subparagraphs 3), 5) and 6) of paragraph 1 of Article 532 of this Code.

3. The request shall be executed by letter in the form of an electronic document or a paper document, which shall be signed by the head of the customs authority sending the request, by the deputy head of the customs authority authorized by him or by persons replacing them.

4. The request must contain:

1) the names of the customs authority of the member State of the Eurasian Economic Union sending the request and the customs authority of the member State of the Eurasian Economic Union to which the request is being sent;

2) a reference to Article 371 of the Customs Code of the Eurasian Economic Union;

3) a statement of the circumstances in connection with which the request is being sent, indicating the provisions of the customs legislation of the Eurasian Economic Union and (or) the Republic of Kazakhstan, compliance with which is being verified;

4) grounds for sending a request in accordance with paragraph 2 of Article 371 of the Customs Code of the Eurasian Economic Union;

5) the list of documents, copies of which are requested, and (or) the requested information;

6) other information that, in the opinion of the customs authority of the member State of the Eurasian Economic Union sending the request, is required for the execution of the request.

5. Copies of documents referenced in the text of the request and other documents related to the circumstances in connection with which the request is being sent may be attached to the request.

6. The request shall be executed within one month from the date of its registration by the customs authority that received the request, with the exception of the cases specified in paragraphs 8 and 9 of this Article.

7. If the customs authority does not have the requested documents and (or) information, it requests from other government agencies and organizations of the Republic of Kazakhstan copies of the documents and (or) information necessary for the execution of the request, in accordance with the legislation of the Republic of Kazakhstan.

8. When executing a request, the customs authority has the right:

1) to request from the customs authority of the member State of the Eurasian Economic Union, which sent the request, additional information necessary for the execution of the request;

2) if it is necessary to obtain copies of documents and (or) information necessary for the execution of the request from other state bodies and organizations of the Republic of Kazakhstan, extend the deadline for the execution of the request specified in paragraph 6 of this Article by one month, notifying the customs authority that sent the request in writing about the reasons for such extension.

9. When sending a request in accordance with subparagraph 1) paragraph 8 of this article, the deadline for executing the request is suspended from the date of sending the request and resumed from the date of receipt of the requested additional information.

10. The Customs authority refuses to execute the request in the following cases::

1) the request does not meet the requirements specified in paragraph 4 of this Article;

2) additional information requested in accordance with subparagraph 1) paragraph 8 of this article has not been received within two months from the date of sending such a request.;

3) execution of the request may damage the national security of the Republic of Kazakhstan, contradict the legislation of the Republic of Kazakhstan or international treaties of the Republic of Kazakhstan;

4) the request cannot be executed for reasons beyond the control of the customs authority that received the request.

11. The customs authority shall notify the customs authority of the member State of the Eurasian Economic Union that sent the request of the reasons for the refusal to execute the request.

12. The sending and execution of requests in accordance with this Article shall be carried out by the customs authorities of the member States of the Eurasian Economic Union, determined by the Commission.

President

Republic of Kazakhstan

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