Outline of the system
The system of the import licensing applies to certain types of agricultural products in accordance with Decision of the Collegium of the Eurasian Economic Union No. 102 "On Setting of Tariff Rate Quotas in 2021 for Certain Types of Agricultural Goods Imported into the Customs Territory of the Eurasian Economic Union, as well as the Volumes of Tariff Quotas for Importation of These Goods into the Territories of the Member States of the Eurasian Economic Union" of 18 August 2020. (Common List of Goods that are Subject to Non-Tariff Measures in Trade with Third Countries, approved by Decision of the Collegium of the Eurasian Economic Commission No. 30 "On Measures of Non-Tariff Regulation" of 21 April 2015, Annex 2.27).
The licensing system permits to regulate the import of meat at zero tariff rates.
Please see Products - Certain types of agricultural products
Nature of licensing
If Automatic, administrative purpose
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The use of import licences enables the Government to monitor the quantities of controlled goods imported.
Questions for products under restriction as to the quantity or value of imports
Please see Answers 6.1-6.11.
The system applies to products originating from which country?
The system applies to importers of controlled goods from all countries.
Expected duration of licensing procedure
Is the licensing statutorily required?
The controls on the importation of goods specified in this category are statutory requirements
under the legislation detailed below:
- Treaty on the Eurasian Economic Union (EAEU) of 29 May 2014;
- Annex No. 7 "Protocol on Non-Tariff Measures Concerning Third Countries" to the Treaty on the EAEU;
- Decision of the Collegium of the Eurasian Economic Union No. 102 "On Setting of Tariff Rate Quotas in 2021 for Certain Types of Agricultural Goods Imported into the Customs Territory of the Eurasian Economic Union, as well as the Volumes of Tariff Quotas for Importation of These Goods into the Territories of the Member States of the Eurasian Economic Union" of 18 August 2020;
- Law of the Republic of Kazakhstan No. 544-II "On Regulation of Trade Activity" of 12 April 2004;
- Law of the Republic of Kazakhstan No. 202-V "On Permissions and Notifications" of 16 May 2014;
- Resolution of the Government of the Republic of Kazakhstan No. 287 "On Approval of the List of Goods, the Export and (or) Import of which is Carried out on the Basis of Permits in accordance with International Treaties and Permits Issued by State Bodies" of 24 April 2015;
- Order of the Acting Minister of Digital Development, Innovation and Aerospace Industry of the Republic of Kazakhstan No. 39/NK "On Approval of the Register of Public Services" of 31 January 2020;
- Order of the Minister of Trade and Integration of the Republic of Kazakhstan No.51 HK "On Approval of the Rules for Government Services in the Field of Trade
Activities" of 16 March 2020.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
This system cannot be abolished without legislative approval.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
All persons, firms and institutions are eligible to apply for licences.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Submission of an application
Administrative body(ies) for submission of an application
What information is required in applications?
Application forms are available at: http://adilet.zan.kz/rus/docs/V2000020135#z73.
What documents is the importer required to supply with the application?
An importer is required to submit the following documents to the authorized body via the web portal of electronic licensing of the Republic of Kazakhstan "E-license" (http://elicense.kz/?lang=en) or via the web portal of "Electronic government" of the Republic of Kazakhstan "e-gov" (https://egov.kz/cms/en):
- Digital copy of an application form;
- Digital copy of a contract;
- Digital copy of the licence to carry out the licenced type of activity or information on the availability of a licence to carry out the licenced type of activity if such the activity is related to the turnover of the goods for which licensing has been introduced;
- Information on identity documents, registration with tax authorities and state registration.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Issuing the license
Can a licence be granted immediately on request?
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Which administrative body is responsible for approving application of licences?
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
There are no conditions attached to the issuance of a licence.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Licence application fee is ten Monthly Calculated Indices.
What is the amount of the fee or charge?
Monthly Calculation Index (MCI) is an index used in Kazakhstan for the purpose of calculation of pensions and other social allowances as well as for the application of penalties, calculation of taxes and other payments to the budget, annually approved by Law "On Republican Budget". In 2021 MCI is 2 917 tenge).
Is there any deposit or advance payment required associated with the issue of licences?
There is no deposit or advance payment requirement associated with the issue of licences
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Part II of the Appendix to Annex No. 7 "Rules of the Issuance of Licences and Permits to Export and/or Import Goods" to the EAEU Treaty establishes the grounds for refusing licences: (i) incomplete or inaccurate information in the documents submitted by the applicant to obtain a licence; (ii) non compliance with the requirements stipulated in the Appendix to Annex No. 7 to the EAEU Treaty; (iii) termination or suspension of one or more documents that served as the basis for issuance of a licence; (iv) violation of international obligations of an EAEU member State, which may occur as a result of performance of the contract which requires a licence; (v) exhaustion of quota (in the case of registration of a licence for goods subject to quotas); and (vi) in cases established by the Commission.
Are the reasons for any refusal given to applicants?
Have applicants a right of appeal in the event of refusal to issue a licence?
The decision to refuse a licence has to be justified and presented by the authorized body to the applicant in writing.
If so, to what bodies and under what procedures?
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
Upon importation, an importer must present standard customs documentation along with a valid licence.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures, apart from import licensing required prior to importation.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Licences are valid for the licence period and cannot be extended.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilisation of a licence or a portion of a licence.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are not transferable between importers.
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Foreign exchange is automatically provided by the banking authorities for goods to be imported.
Is a licence required as a condition to obtaining foreign exchange?
Is foreign exchange always available to cover licences issued?
What formalities must be fulfilled for obtaining the foreign exchange?
The following questions are only for products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally)
Where is information on allocation and formalities for licences published? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Export permits from exporting countries are not required.
Is the size of the quota determined: on yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for a fresh licence on a six-monthly or quarterly basis?
The size of the quota determined on a yearly basis. Licences are issued for imports on a yearly basis. Import quota set by the Decision of the Collegium of the Eurasian Economic Union No. 102 "On Setting of Tariff Rate Quotas in 2021 for Certain Types of Agricultural Goods Imported into the Customs Territory of the Eurasian Economic Union, as well as the Volumes of Tariff Quotas for Importation of These Goods into the Territories of the Member States of the Eurasian Economic Union" of 18 August 2020.
Are licences allocated for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate)
The list of importers to whom licences have been allocated is published on the official website of the Ministry of Trade and Integration of the Republic of Kazakhstan (http://trade.gov.kz).
From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
From the time of announcing the opening of quotas, a period of at least 30 days is allowed for the submission of applications for licences.
What are the minimum and maximum lengths of time for processing applications?
Applications for licences are processed within one working day.
How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Licence applications are considered by one administrative body - the Ministry of Trade and Integration of the Republic of Kazakhstan.
If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Licences are issued mainly on the basis of past performance. A portion of the quota is allocated to new importers. Applications are examined on receipt.
In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Export permits from exporting countries are not required.
Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
No licences are issued on condition that goods should be exported and not sold in the domestic market.