Basic information
Outline of the system
Kazakhstan manages its obligations for ozone depleting substances controlled by the Montreal Protocol on Substances that Deplete the Ozone Layer. The import, export and manufacture of the ozone depleting substances is prohibited under the Montreal Protocol, except where an essential or critical use exemption has been granted by the Parties to the Montreal Protocol. Kazakhstan's Montreal Protocol obligations are implemented through a system of licensing.
Product coverage
The requirements of the licensing systems are:
- Import or export of ozone depleting substances;
- Pre-charged equipment containing ozone depleting substances.
Strict conditions and reporting requirements apply in relation to all licenses issued.
Please see Products - Ozone depleting substances
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 implements Kazakhstan's legal obligations under the Montreal Protocol. As well as limits on production and consumption of ozone depleting substances leading to eventual phase-out, the Protocol requires the establishment of a licensing system.
Questions for products under restriction as to the quantity or value of imports
Not available.
The system applies to products originating from which country?
The system applies to goods from all countries-parties to the Montreal Protocol.
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;
- Agreement on Movement of Ozone-depleting Substances and Products Containing Them and Accounting for Ozone-depleting Substances in Mutual Trade of the Member States of the Eurasian Economic Union of 29 May 2015;
- Decision of the Collegium of the Eurasian Economic Commission (EEC) No. 30 "On Measures of Non-Tariff Regulation" of 21 April 2015 (Section 2.1);
- Regulation on the importation/exportation of ozone-depleting substances and products containing ozone-depleting substances into/from the customs territory of the Eurasian Economic Union (annex No. 20 to Decision No. 30 of the Board of the Eurasian Economic Commission dated 21 April 2015);
- Environmental Code of the Republic of Kazakhstan No. 400-VI of 2 January 2021;
- Law of the Republic of Kazakhstan No. 176 “On the Accession of the Republic of Kazakhstan to the Montreal Protocol on Substances, Depleting the Ozone Layer” of 30 October 1997;
- 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?
Licensing is a legislative requirement. It is an offence to import, export or manufacture the mentioned substance without a licence. The legislation does not leave designation of products to administrative discretion. All substances that require licences are specified in a schedule to the legislation. No other substances require licensing under this legislation.
Is it possible for the government to abolish the system without legislative approval?
It is not possible to abolish this 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 on tax authority or a copy of document on the state registration;
- A 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 activity is related to the turnover of the goods for which licensing has been introduced;
- A copy of the contract for supplying of intermediary services (in the case if an intermediary is the applicant);
- Certificate of conformity or written notice of the manufacturer that the ozone-depleting substances and / or products containing ozone-depleting substances produced by it meet the requirements of the documents according to which they are manufactured;
- A copy of a valid certificate for cargo insurance.
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 8 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?
Licensees are not permitted to trade in ozone depleting substances with non-Parties to the Montreal Protocol. Conditions may also apply to the purpose to which the imported substance is to be applied if its consumption has been approved for a specific purpose through the Montreal Protocol.
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?
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 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-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.