On the ratification of the Agreement on Licensing Rules in the Field of Foreign Trade in Goods
The Law of the Republic of Kazakhstan dated November 24, 2009 No. 207-IV.
RCPI's note! The Agreement is terminated in connection with the entry into force of the Treaty on the Eurasian Economic Union, ratified by the Law of the Republic of Kazakhstan dated 14.10.2014 No. 240-V (for the procedure of entry into force, see Article 113).
To ratify the Agreement on Licensing Rules in the Sphere of Foreign Trade in Goods, signed in Moscow on June 9, 2009.
President
Republic of Kazakhstan
N. Nazarbayev
AGREEMENT on Licensing rules in the field of foreign trade in goods
The Government of the Republic of Belarus, the Government of the Republic of Kazakhstan and the Government of the Russian Federation, hereinafter referred to as the Parties,
in order to implement the Agreement on Common Non-Tariff Regulatory Measures for Third Countries of January 25, 2008,
Taking into account the intentions of the Parties to establish a single trade regime with respect to third countries,
have agreed on the following:
Article 1 Scope of application
This Agreement defines the procedure for issuing licenses and permits for the export and (or) import of goods included in the unified list of goods subject to prohibitions or restrictions on import or export by the member States of the Customs Union within the framework of the Eurasian Economic Community in trade with third countries (hereinafter referred to as the unified list).
This Agreement does not apply to the export and (or) import of goods subject to export control, to the export and import of weapons and military equipment, as well as other military products.
Article 2 Basic concepts
This Agreement uses the concepts defined in article 1 of the Agreement on Common Non-Tariff Regulatory Measures for Third Countries of January 25, 2008, as well as the following concepts:
"general license" is a license issued to a participant in foreign trade activities based on a decision of the Party and granting the right to export and (or) import a particular type of licensed product in a quantity determined by the license.;
"exclusive license" is a license that grants a participant in foreign trade the exclusive right to export and (or) import a particular type of product.;
"one-time license" is a license issued to a participant in foreign trade activities on the basis of a foreign trade transaction, the subject of which is the licensed product, and granting the right to export and (or) import this product in a certain quantity.;
"permit" is a permit document issued to a participant in foreign trade activities on the basis of a foreign trade transaction, the subject of which is a product in respect of which export and (or) import monitoring has been established in a certain amount.;
"applicant" is a participant in foreign trade activities who submits documents to the authorized state executive authority of the state of the Party for the purpose of obtaining a license or permit.;
"license execution" means the actual import of goods into the customs territories of the States of the Parties from third countries or the export of goods from the customs territories of the States of the Parties to third countries in respect of which customs clearance has been performed on the basis of the issued license.
Article 3 Conditions and procedure for issuing licenses
1. The following types of licenses are issued by authorized state executive authorities of the States of the Parties (hereinafter referred to as authorized bodies):
one-time deals;
general offices;
exceptional.
The authorized body issues general and exclusive licenses in cases stipulated by the decision of the Customs Union Commission (hereinafter referred to as the Commission).
2. The period of validity of a one-time license may not exceed 1 year from the date of its commencement. The validity period of a one-time license may be limited by the validity period of a foreign trade contract (agreement) or the validity period of a document that is the basis for issuing a license.
For products subject to quantitative restrictions, the license period ends in the calendar year for which the quota is set.
The validity period of the general license may not exceed one year from the date of its commencement, and for goods subject to quantitative restrictions, it ends in the calendar year for which the quota is set, unless otherwise agreed by the decision of the Commission.
The period of validity of the exclusive license is determined by the decision of the Commission on a case-by-case basis.
3. To obtain a license, the applicant must submit the following documents to the authorized body:
an application for a license, completed and executed in accordance with the instructions for processing an application for a license for the export and (or) import of certain types of goods and registration of such a license (hereinafter referred to as the application), in accordance with Appendix 1;
an electronic copy of the application in a format approved by the Commission, created using software developed by the Commission and provided to participants in foreign trade activities free of charge. A participant in foreign trade activities may use its own software, which generates an electronic copy of the application in strict accordance with the format approved by the Commission.;
a copy of the foreign trade agreement (contract), its annex and/or supplement (for a one-time license), and in the absence of a foreign trade agreement (contract), a copy of another document confirming the intentions of the parties.;
a copy of the document on registration with the tax authority;
a copy of the license for the licensed type of activity, if such type of activity is related to the turnover of goods for which licensing has been introduced in the single customs territory.;
other documents, if they are determined by the decision of the Commission, on the basis of which the licensing of this product was introduced.
Each sheet of submitted copies of documents must be signed and stamped by the applicant, or copies of documents must be stitched and stamped by the applicant.
The documents submitted by the applicant are subject to registration with the authorized body.
The license is issued after the applicant submits a document confirming the payment of the state fee (license fee) in the manner and amount provided for by the legislation of the State of the Party charged for issuing the license.
4. In cases stipulated by the decision of the Commission, the application is sent by the applicant for approval to the relevant executive authority of the State of the Party, determined by the Party on the basis of the decision of the Commission, before being submitted to the authorized body.
5. The license is issued or refused by the authorized body on the basis of the documents provided for in paragraph 3 of this article within 15 working days from the date of submission of the documents.
6. The grounds for refusal to issue a license are:
the presence of incomplete or unreliable information in the documents submitted by the applicant for obtaining a license;
non-compliance with the requirements stipulated in Articles 3 and 5 of this Agreement;
termination or suspension of one or more documents that serve as the basis for issuing a license;
violation of the international obligations of the States of the Parties, which may occur as a result of the performance of the contract (contract), for the implementation of which a license is requested;
quota depletion (in case of registration of a license for the quoted goods).
The decision to refuse to grant a license must be motivated and submitted to the applicant in writing.
7. The authorized body draws up the original license, which is issued to the applicant. Prior to customs clearance of goods, the applicant submits the original license to the relevant customs authority, which, when issuing the license for control, issues the applicant a copy of it with the customs authority's mark on registration for control.
The absence of a license is the basis for refusal of customs clearance of goods by the customs authorities of the States of the Parties.
8. Changes to the issued licenses are not allowed, including for technical reasons.
9. If changes have been made to the constituent documents of an applicant registered as a legal entity (a change in the organizational and legal form, name or location), or the passport data of an applicant who is an individual has been changed, the applicant must request the termination of the issued license and issue a new license, accompanied by an application and documents confirming the specified changes.
10. The authorized body has the right to decide on the termination or suspension of the license in the following cases::
the applicant's written request;
making changes to the constituent documents of an applicant registered as a legal entity (changing the organizational and legal form, name or location), or changing the passport data of an applicant who is an individual;
identification of false information in the documents submitted by the applicant in order to obtain a license;
termination or suspension of one or more documents on the basis of which the license was issued;
The execution of the agreement (contract) on the basis of which the license was issued violates the international obligations of the States of the Parties.;
revocation of a license to carry out a licensed type of activity, if such type of activity is related to the turnover of goods in respect of which licensing has been introduced.;
identification of violations committed during the issuance of a license, which led to the issuance of a license that could not be issued in compliance with the established procedure.;
non-compliance by the license holder with the conditions for issuing a license established by international regulatory legal acts or regulatory legal acts of the States of the Parties;
failure of the license holder to comply with paragraph 12 of this article.
The license is suspended from the date of the decision of the authorized body to do so.
The suspended license may be renewed by the authorized body after the elimination of the reasons that caused the suspension of its validity. However, the suspension of the license is not a reason for its renewal.
The procedure for suspension or termination of a license is determined by the Commission.
11. In case of loss of the license, the authorized body issues, upon the written request of the applicant and payment of the state fee (license fee), in the manner and amount provided for by the legislation of the state of the Party, a duplicate license, drawn up in the same way as the original and containing the entry "Duplicate".
An appeal explaining the reasons and circumstances of the loss of the license is drawn up in any form.
A duplicate license is issued by the authorized body within 5 working days from the date of submission of the application.
12. Holders of general and exclusive licenses are required to submit a quarterly progress report to the authorized body by the 15th day of the month following the reporting quarter.
Holders of one-time licenses are required to submit a certificate of license performance to the authorized body within 15 days after the license expires.
13. Upon removal of the license from control, the relevant customs authority of the State of the Party issues to the applicant, on the basis of his written request, a certificate of license performance within 5 working days.
The form and procedure for issuing the certificate are determined by the Commission.
Article 4 Conditions and procedure for issuing permits
1. Permits are granted without restrictions to all applicants.
2. The design of the draft permit and permit is carried out in accordance with the instructions on the design of the draft permit for the export and (or) import of certain types of goods and the design of such a permit in accordance with Appendix 2.
3. To obtain a permit, the applicant submits to the authorized body a draft permit in 1 hard copy and an electronic copy of the draft permit in a format approved by the Commission, created using software developed by the Commission and transmitted to participants in foreign trade activities free of charge. A participant in foreign trade activities may use its own software, which generates an electronic copy of the draft permit in strict accordance with the format approved by the Commission.
It is not allowed to require the submission of documents other than the draft permit and its electronic copy in order to obtain a permit.
4. The permit is issued within 3 working days from the date of submission of the draft permit.
5. The validity period of the permit is limited to the calendar year in which the permit was issued.
6. Changes to the issued permit are not allowed.
7. The authorized body draws up the original permit, which is issued to the applicant or his representative, who has written confirmation of the authority to receive it. Prior to customs clearance of the goods, the applicant submits the original permit to the relevant customs authority, which, when issuing a control permit, issues a copy to the applicant with the customs authority's mark on control.
8. The issued permits are not subject to renewal for other applicants.
9. In case of loss of the issued permit, the authorized body may, within 5 working days, issue, upon written request from the applicant, a duplicate of the permit, drawn up in the same way as the original and containing the entry "Duplicate". At the same time, the application should explain the reasons and circumstances of the loss of the permit. The request is made in any form.
10. During the customs clearance of goods subject to export and (or) import supervision, the applicant, in addition to the documents required for customs purposes, submits the original permit to the customs authorities.
The absence of a permit is the basis for refusal of customs clearance of goods by the customs authorities.
Article 5 General provisions
1. For the consideration of an application, the issuance of a license or the reissue of a document confirming the existence of a license, the authorized body shall charge a state fee (license fee) in the manner and amount provided for by the legislation of the state of the Party. The amount of the state fee should correspond to the cost of the services provided.
2. Licenses and permits are issued for each product classified in accordance with the Unified Commodity Nomenclature of Foreign Economic Activity, in respect of which licensing or supervision has been introduced.
3. Samples of signatures of officials of authorized bodies authorized to sign licenses and permits, as well as samples of stamps of authorized bodies, shall be sent to the Commission for notification of the customs authorities of the States of the Parties.
4. The documents submitted for registration of a license or permit, as well as documents confirming the performance of the license, are subject to storage in authorized bodies for 3 years after the expiration of the license or permit or the date of the decision to terminate or suspend the license.
Upon expiration of the specified period, the documents are destroyed in accordance with the procedure established by the legislation of the state of the Party where the license or permit was issued.
5. The authorized bodies maintain databases on issued licenses and permits and submit the specified information to the Commission in accordance with the procedure and deadlines established by the Commission. The Commission submits data on the issued licenses to the customs authorities of the States of the Parties.
6. From the date of granting the Commission the appropriate authority to apply uniform non-tariff regulation measures to third countries, measures affecting foreign trade in goods and imposed based on the national interests of the States of the Parties., as well as special types of prohibitions and restrictions on foreign trade in goods, the Commission is given the right to amend the instructions on the preparation of a license application and the registration of a license for the export and (or) import of certain types of goods and the instructions on the preparation of a draft permit for the export and (or) import of certain types of goods and the registration of such a permit provided for in Annexes 1 and 2 to this Agreement.
Article 6 Dispute resolution
1. Disputes between the Parties related to the interpretation and/or application of this Agreement shall be resolved through negotiations and consultations.
2. If the dispute is not resolved by the Parties through consultations and negotiations within 6 months from the date of the official written request for their holding sent by one of the Parties to the other Party, then in the absence of any other agreement between the Parties on the method of its resolution, either Party submits this dispute for consideration to the Court of the Eurasian Economic Community.
Article 7 Amendments
By agreement of the Parties, amendments may be made to this Agreement, which are formalized in separate protocols.
Article 8 Final provisions
The procedure for entry into force, accession to and withdrawal from this Agreement is determined by the Protocol on the Procedure for Entry into Force of International Treaties aimed at Forming the Legal Framework of the Customs Union, withdrawal from and Accession to them dated October 6, 2007.
Done in Moscow on June 9, 2009, in one original copy in the Russian language.
The original copy of this Agreement shall be kept by the Commission, which, as its depositary, will send a certified copy to each Party.
Behind
Behind
Behind
Government
Government
Government
Republics
Republics
Russian
Belarus
Kazakhstan
Federations
APPENDIX No. 1 to the Agreement on Licensing Rules in the Field of Foreign Trade in Goods
INSTRUCTIONS on applying for an export and/or export license import of certain types of goods and registration of such a license General provisions
1. This instruction defines the procedure for processing an application for a license for the export or import of certain types of goods (hereinafter, respectively, the application, license) and registration of licenses issued by authorized executive authorities of the States of the Parties (hereinafter, the authorized bodies).
2. When entering coded information into separate details, classifiers of normative reference information used for customs clearance purposes (hereinafter referred to as classifiers) are used to indicate codes.
3. The codes of the information specified in paragraph 2 of this instruction must be located in the upper-right corner of the field of the details, the boundaries of which are marked with a "|" sign (vertical line).
Application procedure
4. The application is drawn up by the applicant on paper and filled in on the printer in accordance with Appendix No. 1 to these instructions.
5. The application details are filled in as follows:
details 1. "Application No."
The application number contains 13 characters and is formed as follows:
signs 1 and 2 - alpha 2 code of the Customs Union member state registering the application (Republic of Belarus - BY, Republic of Kazakhstan - KZ, Russian Federation - RU);
signs 3 and 4 are the last 2 digits of the year;
signs 5-7 are the seal number (code) of the authorized body registering the application.;
signs 8-13 are the serial number of the application, assigned by the authorized body in a special journal by assigning a six-digit registration number to the application in ascending order.
The details are filled in by the authorized body registering the application.;
banking details 2. "Period of validity".
The license validity period requested by the applicant is indicated, which is drawn up as follows:
from DD.MM.YYYY to DD.MM.YYYY,
where:
DD is a number;
MM - month;
YYYY is the year.
Characters are separated from each other by dots (for example, from 01.01.2008 to 31.12.2008);
details 3. "License type".
For the requested license type, specify the type of license and the direction of movement of the product, where:
a) type of license (left part of the details):
general - for registration of a general license;
one-time - for registration of a one-time license;
exclusive - for registration of an exclusive license;
b) the direction of movement of the goods (the right part of the details):
export - for obtaining an export license;
import - for registration of an import license.
The left and right parts of the props are separated from each other by a "|" sign (vertical line).
details 4. "Contract".
The number of the contract (agreement) and the date of its signing are indicated.
The date is indicated in accordance with the requirements provided for in item 2 of this section.
In the case of applying for general and exclusive licenses, details 4 are not filled in.;
banking details 5. "Applicant".
Information about the applicant is indicated:
for legal entities - full official name and legal address. The taxpayer identification number is indicated in the upper right corner.;
for individual entrepreneurs and individuals — last name, first name, patronymic and passport data (series, number, when and by whom issued, place of residence). The taxpayer identification number is indicated in the upper right corner.;
banking details 6.
"Buyer" - to apply for an export license.
"Seller" — for registration of an import license.
The full official name and full address of the foreign partner who is the applicant's counterparty under the agreement (contract) providing for the transfer of rights to the goods specified in the agreement (contract), in compliance with the language of the agreement (contract), are indicated.
In this case, the foreign partner who receives the rights to the goods from the applicant is indicated as the buyer, and the foreign partner who transfers such rights to the applicant is indicated as the seller.
In case of registration of general and exclusive licenses, an entry is made "In accordance with the terms of the contract(s) (agreement(s))";
banking details 7.
"Destination country" - for obtaining an export license.
"Country of origin" - for registration of an import license.
In accordance with the "Countries of the world and territories" classifier, the name of the destination country (for export) or the country of origin (for import) and the country's alpha 2 code are indicated.
If the contract (agreement) provides for several countries of destination (departure) or in the case of general and exclusive licenses, an entry is made "In accordance with the terms of the contract (agreement)" and the alpha 2 country code is not indicated. If these several countries belong to the European Union, the entry "EU countries" is made and the country's alpha 2 code is not specified.
banking details 8.
"Buyer's country" - for obtaining an export license.
"Seller's country" — for registration of an import license.
In accordance with the classifier "Countries of the world and territories", the name of the buyer's (seller's) country and the alpha 2 country code are indicated.
In case of registration of general and exclusive licenses, an entry is made "In accordance with the terms of the contract(s) (agreement(s))" and the alpha 2 country code is not specified.;
banking details 9. "Contract currency".
In accordance with the "Currencies of the World" classifier, the short name of the currency of the contract (agreement) and its code are indicated.
In the case of general or exclusive licenses, an entry is made "In accordance with the terms of the contract(s) (agreement(s))" and the currency code is not specified.;
banking details 10. "Cost".
The value of the product is indicated in the currency of the contract (agreement).
If the cost has fractional units, then it is rounded to an integer value according to the rounding rules.
In case of registration of general and exclusive licenses, the cost is not indicated.;
banking details 11. "Statistical cost".
The cost of the product is indicated in US dollars in accordance with the agreement (contract).
The conversion of the value of goods expressed in currencies other than US dollars into US dollars is carried out in accordance with currency parity (the value ratio of the currency specified in the contract to the US dollar at the exchange rate determined by the National Bank of the Party on the date of signing the contract (agreement).
If the cost has fractional units, then it is rounded to an integer value according to the rounding rules.
The estimated cost is indicated for general and exclusive licenses.;
item 12. "Country of origin".
In accordance with the classifier "Countries of the world and territories", the name of the country of origin and the alpha 2 country code are indicated.
If the contract (agreement) provides for several countries of origin or in the case of general and exclusive licenses, an entry is made "In accordance with the terms of the contract(s) (agreement(s))" and the alpha 2 country code is not indicated. If these several countries belong to the European Union, the entry "EU countries" is made and the country's alpha 2 code is not specified.
The country of origin is the country in which the product has been fully produced or has undergone sufficient refinement (processing).
banking details 13. "Quantity".
The quantity of the product is indicated in the units of measurement provided for in item 14 (for weight units — net weight).
Net weight refers to the weight of goods without packaging, determined in accordance with technical regulations and (or) regulatory documents on standardization and other legislative acts.
item 14. "Unit of measurement".
In accordance with the "Units of Measurement" classifier, the abbreviated name of the unit of measurement of the product (main and additional) is indicated in accordance with the Unified Commodity Nomenclature of Foreign Economic Activity (ETH FEA).
If there are 2 units of measurement, the quantity of the product is indicated line by line.;
details 15. "The product code according to the ETH Foreign economic activity and its description."
The description of the product and its code are indicated in accordance with the ETH of the Foreign Economic Activity. The product description should allow the identification of the product to one 10-digit classification code according to the ETH of foreign economic activity. The product description must include its name (trade, commercial or other traditional name).
If all the information does not fit in the field of the details 15, part of it can be transferred to the field of the details 16.
If an appendix is attached to the application in accordance with Appendix No. 2 to these instructions, the description of the goods is indicated in the field of the details 15, which allows the identification of the goods to one 10-digit classification code according to the ETH Foreign economic Activity and an entry is made "(see appendix on... sheets)";
banking details 16. "Additional information".
Used as needed. Information related to the need to clarify and decipher details 7, 8, 12, 13 and 14 of the application, as well as the numbers and dates of all changes to the contract (agreement) signed on the day of the application, may be entered in the field of this information.;
banking details 17. "The basis for issuing a license".
Specified:
numbers and dates of the Commission's decisions, numbers and dates of the regulatory legal acts of the Party or authorized international bodies that are the basis for issuing the license (if such decisions are made);
numbers and dates of contracts (agreements) between the applicant and the manufacturer or consumer of the goods, if the intermediary acts as the applicant.;
the number and date of the document confirming the allocation of the quota (in case of registration of a license for the quoted goods);
banking details 18. "Authorized person of the applicant".
The signature of the authorized person of the applicant provided for in the banking details 5, certified by the seal, is put, his surname, initials, position and date of registration of the application are indicated.
License registration procedure
6. Authorized bodies, using software developed by the Customs Union commission, issue a license in a unified form in accordance with Appendix No. 3 to these instructions on special counterfeit-proof paper.
In this case, the license details are filled in as follows:
banking details 1. "License No."
The license number is indicated.
The number contains 16 characters and is formed as follows:
signs 1-3 are the number of the list (category) of the product, on the basis of which the procedure for processing the application is determined.;
signs 4 and 5 - alpha 2 code of the Customs Union member state registering the application (Republic of Belarus — BY, Republic of Kazakhstan - KZ, Russian Federation - RU);
signs 6 and 7 are the last 2 digits of the year;
signs 8-10 are the seal number (code) of the authorized body registering the application.;
signs 11-16 are the serial number of the application assigned by the authorized body in a special register of applications.;
banking details 2. "Period of validity".
The period of validity of the license is indicated (to be filled in by analogy with the details of the 2nd application specified in paragraph 5 of this instruction);
details 3. "License type".
The type of license and the direction of movement of the goods are indicated (the details are filled in by analogy with the details of the 3rd application specified in paragraph 5 of this instruction);
details 4-14 and 16 are filled in by analogy with the details 4-14 and 16 of the application specified in paragraph 5 of this instruction.
details 15. "The product code according to the ETH Foreign economic activity and its description."
The description of the product and its code are indicated in accordance with the ETH of the Foreign Economic Activity (the details are filled in by analogy with the details of the application specified in paragraph 5 of this instruction).
If an appendix is attached to the license in accordance with Appendix No. 4 to these instructions, the description of the goods is indicated in the field of the details 15, which allows the identification of the goods to one 10-digit classification code according to the ETH Foreign economic Activity and an entry is made "(see appendix on... sheets)";
banking details 17. "The basis for issuing a license".
Specified:
numbers and dates of the Commission's decisions, numbers and dates of the regulatory legal acts of the Party or authorized international bodies that are the basis for issuing the license (if such decisions are made);
numbers and dates of contracts (agreements) between the applicant and the manufacturer or consumer of the goods, if the intermediary acts as the applicant.;
the number and date of the document confirming the allocation of the quota (in case of registration of a license for the quoted goods);
other necessary information justifying the license issue;
banking details 18. "Authorized person".
The signature of the official of the authorized body authorized to sign the license is affixed, certified by a seal, his surname, initials, position and date of signing are indicated.
7. In order to provide additional protection against forgery, a barcode containing the data provided by the basic license details may be placed at the bottom of the license form outside the filled-in columns.
APPENDIX No. 1 to the instructions on applying for an export and/or export license import of certain types of goods and registration of such a license (form)
Application for an export license for certain types of goods
1. Application Form
№
2. Validity period
from DD.MM.YYYY to DD.MM.YYYY |
3. License type
| EXPORT
4. The Contract
No. from
5. The applicant |
6. The buyer
7. Country of destination |
8. Buyer's country |
9. Currency of the contract |
10. Cost
11.
Statistical
cost
12. Country of origin |
13. Quantity
14. Unit
measurements
15. The product code according to the ETN FEA and its description |
16. Additional information
17. The basis for issuing a license
18. Authorized person
the applicant
Full name.
Post
Telephone
Signature and seal Date
(form)
Application for an import license for certain types of goods
1. Application Form
№
2. Validity period
from DD.MM.YYYY to DD.MM.YYYY |
3. License type
| IMPORT
4. The Contract
No. from
5. The applicant |
6. The seller
7. Country of departure |
8. Seller's country |
9. Currency of the contract |
10. Cost
11.
Statistical
cost
12. Country of origin |
13. Quantity
14. Unit
measurements
15. The product code according to the ETN FEA and its description |
16. Additional information
17. The basis for issuing a license
18. Authorized person
the applicant
Full name.
Post
Telephone
Signature and seal Date
APPENDIX No. 2 to the instructions on applying for an export and/or export license import of certain types of goods and registration of such a license (form)
Appendix to the application for a license to export or import certain types of goods
Appendix to the application no. from
№
n/a
Product Description
quantity
unit
measurements
cost
№
n/a
Product Description
quantity
unit
measurements
cost
№
n/a
Product Description
quantity
unit
measurements
cost
№
n/a
Product Description
quantity
unit
measurements
cost
№
n/a
Product Description
quantity
unit
measurements
cost
№
n/a
Product Description
quantity
unit
measurements
cost
№
n/a
Product Description
quantity
unit
measurements
cost
№
n/a
Product Description
quantity
unit
measurements
cost
Total sheets Sheet No.
18. Authorized person
the applicant
Full name.
Post
Signature and seal Date
APPENDIX No. 3 to the instructions on applying for an export and/or export license import of certain types of goods and registration of such a license (form)
License for the export of certain types of goods
Authorized state body of executive power
member States of the Customs Union
1. License No.
2. Validity period
from DD.MM.YYYY to DD.MM.YYYY |
3. License type
| EXPORT
4. The Contract
No. from
5. The applicant |
6. The buyer
7. Country of destination |
8. Buyer's country |
9. Currency of the contract |
10. Cost
11.
Statistical
cost
12. Country of origin |
13. Quantity
14. Unit
measurements
15. The product code according to the ETN FEA and its description |
16. Additional information
17. The basis for the issue
licenses
18. Authorized person
Full name.
Post
Signature and seal Date
(form)
License for the import of certain types of goods
Authorized state body of executive power
member States of the Customs Union
1. License No.
2. Validity period
from DD.MM.YYYY to DD.MM.YYYY |
3. License type
| IMPORT
4. The Contract
No. from
5. The applicant |
6. The seller
7. Country of departure |
8. Seller's country |
9. Currency of the contract |
10. Cost
11.
Statistical
cost
12. Country of origin |
13. Quantity
14. Unit
measurements
15. The product code according to the ETN FEA and its description |
16. Additional information
17. The basis for the issue
licenses
18. Authorized person
Full name.
Post
Signature and seal Date
APPENDIX No. 4 to the instructions on applying for an export and/or export license import of certain types of goods and registration of such a license (form)
Appendix to the license for the export and (or) import of certain types of goods
Authorized state body of executive power
member States of the Customs Union
Appendix to license no. from
№
n/a
Product Description
quantity
unit
measurements
cost
№
n/a
Product Description
quantity
unit
measurements
cost
№
n/a
Product Description
quantity
unit
measurements
cost
№
n/a
Product Description
quantity
unit
measurements
cost
№
n/a
Product Description
quantity
unit
measurements
cost
№
n/a
Product Description
quantity
unit
measurements
cost
№
n/a
Product Description
quantity
unit
measurements
cost
№
n/a
Product Description
quantity
unit
measurements
cost
Total sheets Sheet No.
18. Authorized person
Full name.
Post
Signature and seal Date
APPENDIX No. 2 to the Agreement on Licensing Rules in the Field of Foreign Trade in Goods
INSTRUCTIONS on the preparation of a draft permit for the export and (or) import of certain types of goods and the registration of such a permit
1. This instruction defines the procedure for issuing a draft permit for the export and (or) import of certain types of goods and for issuing such a permit issued by the authorized executive authorities of the States of the Parties (hereinafter, respectively, the permit, the authorized bodies).
2. When entering coded information into separate details, classifiers of normative reference information used for customs clearance purposes (hereinafter referred to as classifiers) are used to indicate codes.
3. The codes of the information specified in paragraph 2 of these instructions must be located in the upper-right corner of the field of the details, the boundaries of which are marked with a "|" (vertical line).
4. The draft permit is drawn up by the applicant on paper, filled out on a printer in accordance with the form attached to these instructions.
5. The authorized bodies, using software developed by the Customs Union Commission, issue a permit in the form provided for in the appendix to these instructions on special, counterfeit-proof paper.
6. The details of the permit are filled in as follows:
Banking details 1. "Permission No."
The permission number contains 12 characters and is formed as follows:
signs 1 and 2 - alpha 2 code of the Customs Union member state registering the application (Republic of Belarus - BY, Republic of Kazakhstan - KZ, Russian Federation - RU);
signs 3 and 4 are the last two digits of the year.;
signs 5-7 are the seal number (code) of the authorized body registering the permit.;
signs 8-12 are the serial number of the permit, assigned by the authorized body in a special journal by assigning a 5-digit registration number to the permit in ascending order.
The permit number is filled in by the authorized body after registration of the draft permit in a special journal by assigning a 5-digit registration number in ascending order from the beginning of the calendar year (for example, 00001);
banking details 2. "Period of validity".
The period of validity of the permit requested by the applicant is indicated, which is drawn up as follows:
from DD.MM.YYYY to DD.MM.YYYY,
where:
DD is a number;
MM-month;
YYYY is the year.
Characters are separated from each other by dots (for example, from 01.01.2008 to 31.12.2008);
details 3. "Permission type".
The direction of movement of the product is indicated:
EXPORT - to obtain a permit for the export of goods;
IMPORT - to issue an import permit for the product;
details 4. "Contract".
The number of the contract (agreement) and the date of its signing are indicated.
The date is indicated in accordance with the requirements provided for in the banking details 2.
banking details 5. "Applicant".
Information about the applicant is indicated:
for legal entities - full official name and legal address. The taxpayer identification number (INN) is printed in the upper right corner.;
for individual entrepreneurs and individuals - last name, first name, patronymic, passport data (series, number, when and by whom issued, place of residence). The INN is indicated in the upper right corner.;
banking details 6.
"Buyer" — to issue an export permit.
"Seller" — to issue an import permit.
The full official name and full address of the foreign partner who is the applicant's counterparty under the agreement (contract) providing for the transfer of rights to the goods specified in the agreement (contract), in compliance with the language of the agreement (contract), are indicated.
In this case, the "Buyer" is a foreign partner who receives the rights to the goods from the applicant, and the "Seller" is the one who transfers such rights to the applicant.;
banking details 7.
"Destination country" - for issuing an export permit.
"Country of origin" - for registration of an import permit.
In accordance with the directory "Countries of the world and territories", the name of the destination country (for export) or the country of origin (for import) and the alpha 2 country code are indicated.
If the contract (agreement) provides for several countries of destination (departure), an entry is made "In accordance with the terms of the contract(s) (agreement(s))", the alpha 2 country code is not specified. If these several countries belong to the European Union, the entry "EU countries" is made and the country's alpha 2 code is not specified.;
banking details 8.
"Buyer's country" - for issuing an export permit.
"Seller's country" - for obtaining an import permit.
In accordance with the classifier, the name of the buyer's (seller's) country and the alpha 2 country code are indicated.;
banking details 9. "Contract currency".
In accordance with the currency classifier, the short name of the currency of the contract (agreement) and its code are indicated.;
banking details 10. "Cost".
The value of the product is indicated in the currency of the contract (agreement).
If the cost has fractional units, then it is rounded to an integer value according to the rounding rules.;
banking details 11. "Statistical cost".
The cost of the product is indicated in US dollars in accordance with the agreement (contract).
The conversion of the value of goods expressed in currencies other than US dollars into US dollars is carried out in accordance with currency parity (the value ratio of the currency specified in the contract to the US dollar at the exchange rate determined by the National Bank of the state of the Party on the date of signing the contract (agreement).
If the cost has fractional units, then it is rounded to an integer value according to the rounding rules.;
item 12. "Country of origin".
In accordance with the directory "Countries of the world and territories", the name of the country of origin and the alpha 2 country code are indicated.
If the contract (agreement) provides for several countries of origin, an entry is made "In accordance with the terms of the contract (agreement)", the alpha 2 country code is not indicated. If these several countries belong to the European Union, the entry "EU countries" is made and the country's alpha 2 code is not specified.
The country of origin is the country in which the product has been fully produced or has undergone sufficient refinement (processing);
banking details 13. "Quantity".
The quantity of the product is indicated in the 14 units of measurement provided for by the banking details (for weight units - net weight).
Net weight refers to the weight of goods without packaging, determined in accordance with technical regulations and/or regulatory documents on standardization and other legislative acts.;
item 14. "Unit of measurement".
The abbreviated name of the unit of measurement of the product (main and additional) is indicated in accordance with the Unified Commodity Nomenclature of Foreign Economic Activity (ETH FEA).
If there are 2 units of measurement, specify the quantity of the product. -
line-by-line;
details 15. "The product code according to the ETH Foreign economic activity and its description."
The description of the product and its code in accordance with the ETH of the Foreign Economic Activity are indicated. The product description should allow the identification of the product to one 10-digit classification code according to the ETH of foreign economic activity. The product description must include its name (trade, commercial or other traditional name).
If all the information does not fit into the field of the details 15, some of this information can be transferred to the field of the details 16.;
banking details 16. "Additional information".
Used as needed. Information related to the need to clarify and decipher details 7, 8, 12, 13 and 14 is entered in the field of this account, as well as the numbers and dates of all changes made to the contract (agreement) signed at the time of registration of the draft permit.;
banking details 17. "Authorized person of the applicant".
The signature of the authorized person of the applicant specified in the banking details 5 is affixed, certified by a seal, his surname, initials, position and date of registration of the draft permit are indicated.
When issuing a permit, the surname, initials, position of the authorized person of the applicant, the date of registration of the draft permit are indicated, and the entry "signature and seal are available" is also made;
banking details 18. "Authorized person".
The signature of the official of the authorized body authorized to sign the permit is affixed, certified by a seal, his surname, initials, position and date of signing are indicated.
7. In order to provide additional protection against forgery, a barcode containing the data specified in the basic license details may be placed at the bottom of the license form outside the filled-in columns.
APPENDIX to the instructions on the preparation of the draft export permit and/or import of certain types of goods and issue of such a permit
Draft permission for the export of certain types of goods and permission for their export
Authorized state body of executive power
member States of the Customs Union
1. Resolution
№
2. Validity period
from DD.MM.YYYY to DD.MM.YYYY |
3. Type of permission
EXPORT
4. The Contract
No. from
5. The applicant |
6. The buyer
7. Country of destination |
8. Buyer's country |
9. Currency of the contract |
10. Cost
11.
Statistical
cost
12. Country of origin
13. Quantity
14. Unit
measurements
15. The product code according to the ETN FEA and its description |
16. Additional information
17. Authorized person
the applicant
Full name.
Post
Telephone
Signature and seal Date
18. Authorized person
Full name.
Post
Signature and seal Date
A draft permit for the import of certain types of goods and a permit for their import
Authorized state body of executive power
member States of the Customs Union
1. Resolution
№
2. Validity period
from DD.MM.YYYY to DD.MM.YYYY |
3. Type of permission
IMPORT
4. The Contract
No. from
5. The applicant |
6. The seller
7. Country of departure |
8. Seller's country |
9. Currency of the contract |
10. Cost
11.
Statistical
cost
12. Country of origin
13. Quantity
14. Unit
measurements
15. The product code according to the ETN FEA and its description |
16. Additional information
17. Authorized person
the applicant
Full name.
Post
Telephone
Signature and seal Date
18. Authorized person
Full name.
Post
Signature and seal Date
I hereby certify that this text is a complete and authentic copy of the original Agreement on Licensing Rules in the field of Foreign Trade in Goods dated June 9, 2009, signed on behalf of the Republic of Belarus by Prime Minister of the Republic of Belarus Sidorsky S.S., on behalf of the Government of the Republic of Kazakhstan by Prime Minister of the Republic of Kazakhstan Masimov K.K., on behalf of the Government of the Russian Federation Vladimir V. Putin, Chairman of the Government of the Russian Federation.
The original copy is kept in the Integration Committee of the Eurasian Economic Community.
Director
Legal Department of V. Knyazev
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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