Basic information
Outline of the system
The Republic of Kazakhstan manages its obligations for hazardous waste controlled by the Basel Convention for the Control of Trans-Boundary Movements of Hazardous Waste and their Disposal (Basel Convention) through the Common List of Goods that are Subject to Non-Tariff Measures in Trade with Third Countries (Decision of the Collegium of the Eurasian Economic Commission No. 30 "On Measures of Non-Tariff Regulation" of 21 April 2015, Annex 2.3).
Product coverage
In accordance with the Kazakhstan's obligations under the Basel Convention, the licensing system applies to hazardous wastes as listed in the Schedules to the Basel Convention.
Please see Products - Hazardous waste
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The licensing system ensures that Kazakhstan's commitments as a Party to the Basel Convention are upheld. To that effect, trans-boundary movements of hazardous wastes and other wastes is to be reduced to the minimum consistent with the environmentally sound and efficient management of such wastes and to be conducted in such a manner which will protect human health and the environment against the adverse effects which may result from such movement. The licensing system is not intended to restrict the quantity or value of imports.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
The system applies to hazardous wastes originating in and coming from all countries that are Parties to the Basel Convention.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
Licensing is a statutory requirement for the import of any hazardous waste listed in Schedules to the Basel Convention.
The legislation under which licences are maintained includes:
- 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 Commisssion (EEC) No. 30 "On Measures of Non-Tariff Regulation" of 21 April 2015 (Section 2.3);
- Law of the Republic of Kazakhstan No. 389 “On Accession of the Republic of Kazakhstan to the Basel Convention for the Control of Trans-Boundary Movements of Hazardous Waste and Their Disposal” of 10 February 2003;
- Environmental Code of the Republic of Kazakhstan No. 400-VI of 2 January 2021;
- 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 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 the National Economy of the Republic of Kazakhstan No. 67 “On Approval of the Qualification Requirements Maintained for Activities on Export and Import Licensing of Goods, List of Documents Confirming Compliance with them, Application Forms for Obtaining a Licence and (or) Annex to the Licence, the Form of a Licence and (or) Annexes to the Licence” of 30 January 2015.
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?
It is not possible to abolish the system 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
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
Application forms are available at: http://adilet.zan.kz/rus/docs/V1500011074#z7
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) with the application for licence:
- An electronic copy of application;
- An electronic copy of a foreign trade contract;
- A copy of document on registration with tax authority or a copy of document on the state registration;
- A copy of the activity licence for the use of waste;
- A copy of contract (agreement) on transportation;
- A copy of the conclusion of the state ecological examination;
- A copy of the contract (agreement) between importer and person responsible for the disposal of waste, which sets out ecological safe use of this waste;
- Notification of transboundary transportation of hazardous waste in accordance with the Basel Convention;
- Information on the availability of technical (technological) possibilities for the use of hazardous waste;
- A copy of document certifying coverage by insurance, bond or other guarantee during the transboundary movement.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Application should be filed in advance of arrival of the goods.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
No.
Issuing the license
Can a licence be granted immediately on request?
No.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
The maximum processing time for licence is 15 working days.
Which administrative body is responsible for approving application of licences?
Yes, a licence application is considered by a single administrative body – the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan.
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 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).
Are the reasons for any refusal given to applicants?
The decision to refuse a licence has to be justified and presented by the authorized body to the applicant in writing.
Have applicants a right of appeal in the event of refusal to issue a licence?
If so, to what bodies and under what procedures?
Importation
Are there any limitations as to the period of year during which importation may be made?
No.
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.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilization 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.
Foreign Exchange
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.