Basic information
Outline of the system
Import of unregistered plant protection means samples for the registration and production tests and researches, as well as limited number of unregistered plant protection means for elimination of newly detected quarantine pest hotbeds is carried out without a licence by presentation of the conclusion of Kazakhstan’s executive authority, exercising state registration of plant protection means, on the appropriateness of import with indication of plant protection means names, quantity, preparation form, rate of application, concentration, packaging, factory name and country of origin (the 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 of 21 April 2015, Annex 2.2).
Product coverage
Imports of unregistered plant protection means are subject to licensing.
HS(2012) 3808 (except for 3808 94) Plant protection products (pesticides), excluding any sticky tape to protect trees from insects
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
Import licensing is for the purpose of administering import restrictions maintained to protect human, animal or plant life or health.
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 goods originating in and coming from all countries.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
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 Commission (EEC) No. 30 “On Measures of Non-Tariff Regulation” of 21 April 2015 (Section 2.2);
- Law of the Republic of Kazakhstan No. 331 “On Plant Protection” of 3 July 2002;
- 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 Janaury 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?
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:
- A digital copy of application form;
- A copy of a contract;
- A copy of document on registration with tax authority or a copy of document on the state registration;
- A copy of the licence for production (formulation) of pesticides (toxic chemicals), the sale of pesticides (toxic chemicals), the use of pesticides (toxic chemicals) in aerosol or fumigant ways;
- A copy of the contract (agreement) which sets out the procedure for return of defective plant protection products to the exporter;
- A copy of the passport on chemical products safety.
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 5 working days.
Which administrative body is responsible for approving application of licences?
Importer has to apply to one administrative body - the State Inspection Committee in the Agroindustrial Comple of the Ministry of Agriculture 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 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).
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.