The Department of State Revenue for the Mangystau region informs that a Customs representative (commonly referred to as a customs broker) is a legal entity of the Republic of Kazakhstan included in the Register of Customs Representatives. It performs customs operations on behalf of and on behalf of the declarant or other interested person in accordance with the customs legislation of the EAEU and the Republic of Kazakhstan.

The activity is regulated by the Code of the Republic of Kazakhstan "On Customs Regulation in the Republic of Kazakhstan" (dated December 26, 2017 No. 123-VI SAM) and the law of the Eurasian Economic Union. Individuals and individual entrepreneurs cannot obtain the status of a customs representative on their own — only through a legal entity.

The main conditions for inclusion in the registry

According to article 489 of the Code, a legal entity must meet the following conditions::

1. Insurance contract for the risk of civil liability of a customs representative (for possible damage to the property of the represented persons or violation of contracts with them). The insurance amount is set by the contract.
2. Ensuring the fulfillment of the duties of a legal entity operating in the field of customs affairs. The amount is determined by the decision of the Council of the Eurasian Economic Commission and amounts to an amount equivalent to at least 500 thousand euros.

For a limited field of activity (only customs operations in respect of goods not subject to export customs duties and placed under the export procedure) — the equivalent of 150 thousand euros.

3. As of the date of application, there is no obligation to pay customs duties, taxes, special, anti-dumping, countervailing duties, penalties and interest that has not been fulfilled within the prescribed period.

Additionally, in practice and in accordance with the legislation of the EAEU member States, it is usually required to have at least two qualified customs declaration specialists on staff. Other conditions may also be checked (the absence of certain criminal records from managers, the existence of a contract for the use of a digital electronic invoice system, etc.).

How to get the status of a customs declaration specialist

The specialist must have a professional, technical or higher education and pass a qualifying exam. The exams are conducted by the territorial state revenue authorities using information systems. An application is submitted for admission with a copy of the identity document, a notarized copy of the educational document and photographs. Upon successful completion, a qualification certificate is issued.

The order of inclusion in the registry

The state service "Inclusion in the register of customs representatives" is provided free of charge.

Submission methods:

- through the electronic/digital Government portal egov.kz ;

- through the digital system "KEDEN" (keden.kgd.gov.kz ).

The service delivery period is usually up to 15 business days.

The application must be accompanied by documents confirming compliance with the conditions (including information on security, insurance contract, copies of qualification certificates of specialists and employment orders, etc.). The exact list is specified on the portal or in the rules of service provision.

The register of customs representatives is maintained by the authorized body (the State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan). After the incorporation, the legal entity officially receives the right to provide the services of a customs representative.

Important notes

- The status is valid if the activation conditions are met. If they are violated, they may be excluded from the registry.

- The Customs representative is responsible for the operations performed and is obliged to comply with legal requirements, submit reports and not disclose confidential information.

- It is recommended to carefully study the current versions of the Code, the decisions of the EEC and the rules for the provision of public services on official resources (adilet.zan.kz , kgd.gov.kz , egov.kz ), as the requirements may be specified.

For detailed advice and an up-to-date list of documents, please contact the territorial state revenue authorities or use official electronic services.

Source : https://www.gov.kz/memleket/entities/kgd-mangistau/press/news/details/1279656?lang=ru