Basic information
Outline of the system
List of Goods that are subject of import/export prohibitions or restrictions in trade with third countries (Decision of the Board of the EEC No. 30 "On measures of Non-Tariff Regulation" of 21 April 2015, as last amended on 13 December 2017, Annex 2.7) regulates international trade of species, live wildlife, and species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
Product coverage
The permission system allows to control the import of species, live wildlife, and species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) of 3 March 1973. The full list of species of wild fauna and flora is available on:
http://www.eurasiancommission.org/ru/act/trade/catr/nontariff/Pages/edin....
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 implementation of permission system allows the Government to track the number of controlled imported goods. The permission system is not intended to limit the quantity or cost of import.
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 legislation applies to the importation of goods from all countries.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The controls on the importation of goods specified in this category are statutory requirements under the legislation detailed below:
- The Treaty on the Eurasian Economic Union (EAEU) dated 19 May 2014;
- Decision of the Collegium of the Eurasian Economic Commission (EEC) No. 30 "On Measures of Non Tariff Regulation" of 21 April 2015 (Section 2.7);
- The Law of the Republic of Kazakhstan No. 593 "On Protection, Reproduction and Use of Wildlife" of 9 July 2004;
- The Law of the Republic of Kazakhstan № 202-V “On Permissions and Notifications” of 16 May 2014;
- The Order of a.i. the Minister of Agriculture of the Republic of Kazakhstan No. 18-03/ 143 "On Approval of the Rules for Issuance by the Administrative Authority of Permits for Import into the Territory of the Republic of Kazakhstan and Export from the Territory of the Republic of Kazakhstan of Species, Live Wildlife, and Species Listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora" of 27 February 2015;
- Order of the Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan No. 138 "On Approval of the Rules for the Issuance by the Administrative Body of Permits for the Import into the Territory of the Republic of Kazakhstan, Export and (or) Re-export From the Territory of the Republic of Kazakhstan of Plant Life Objects, Their Parts and Derivatives Subject to the Convention on International Trade in Endangered Species of Wild Fauna and Flora" of 10 June 2020;
- 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.
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?
Natural and legal persons have the right to apply for the licence (permission).
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/V1500011935
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:
- Application;
- Electronic copy of conclusion;
- Electronic copy of the document confirming the payment of the state fee to the budget, with the exception of payment through the Gateway of "the electronic government";
- When importing samples to the territory of the Republic of Kazakhstan, an electronic copy of an export permit or a certificate of re-export in the event that the model is included in Annexes 1, 2, 3 of the Convention on International Trade in Endangered Species of Wild Fauna and Flora;
- The contract or the agreement between the exporter and the importer, confirming intention about commission of this export, except for persons carrying out export for personal reasons;
- An electronic copy of the hunting permit (For legal entities and individual entrepreneurs only).
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
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 period for issuing an authorization (authorization document) is three working days.
Which administrative body is responsible for approving application of licences?
The importer must apply to 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 other requirements related to issuing of permission.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Licence application fee is two 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 permissions.
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?
The consideration of application may be declined for the next reasons:
- false data in documents presented;
- nonconformity of applicant and (or) materials, objects and data with requirements of the Regulation;
- applicant is no longer allowed to be engaged in relevant activities or certain kind of activities, requiring getting a permission, due to the court injunctions, which had already come into effect;
- applicant is deprived of a special right to be engaged in relevant activities or certain kind of activities, requiring getting a permission, due to the court order, which had already come into effect.
Are the reasons for any refusal given to applicants?
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 other than obtaining a permission prior to importation.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The permission is valid for the period of its issuance.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for not using the permission.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
The permission (authorization) cannot be transferred between importers.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Currency exchange is automatic and is carried out by banking authorities for imported goods.