Hazardous waste
- Document symbol
- G/LIC/N/3/KAZ/8
- Original language
- English
- Published on
- 15/04/2024
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another 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).
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
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
Q3. The system applies to goods originating in and coming from which countries?
The system applies to hazardous wastes originating in and coming from all countries that are Parties to the Basel Convention.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
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.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
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;
- Order of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan of 2 June 2020 No. 130 "On Approval of the Rules for the Provision of Governmental Services in the Field of Environmental Protection".
Licensing is a statutory requirement for the import of any hazardous waste listed in Schedules to the Basel Convention. It is not possible to abolish the system without legislative approval.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
Application should be filed in advance of arrival of the goods. The maximum processing time for licence is 15 working days.
Q7.b. Can a licence be granted immediately on request?
No.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
No.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Yes, a licence application is considered by a single administrative body – the Committee for Environmental Regulation and Control of the Ministry of Ecology and Natural Resources of the Republic of Kazakhstan.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
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).
The decision to refuse a licence has to be justified and presented by the authorized body to the applicant in writing.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
All persons, firms and institutions are eligible to apply for licences.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
Application forms are available at: https://adilet.zan.kz/rus/docs/V2000020823#z949.
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):
- electronic application;
- a copy of the contract of sale;
- a copy of the license to carry out a licensed type of activity or information on the availability of a license to carry out a licensed type of activity;
- a copy of the contract between the exporter and the manufacturer or the importer and the consumer of the goods (if an applicant acts as an intermediary);
- a copy of the contract for transportation;
- a copy of the Conclusion of the State Environmental Expertise;
- a copy of the contract between the exporter (importer) and the person responsible for waste disposal, which stipulates the environmentally sound use of these wastes;
- notification of transboundary movement of hazardous waste in accordance with paragraph 1 of Article 6 of the Basel Convention (three copies);
- a document on the transportation of waste in accordance with Annex V B of the Basel Convention (three copies);
- information on the availability of technical (technological) possibilities for the use of hazardous waste (an extract from the technological regulation confirming the possibility of using hazardous waste as a raw material, or another document confirming their involvement in the use that does not allow the formation of other hazardous waste or their residues);
- a copy of the document confirming the coverage by insurance or other guarantee for the transboundary movement of hazardous waste in accordance with paragraph 11 of Article 6 of the Basel Convention;
- a copy of the license to carry out the type of activity for the use of waste.
Q11. What documents are required upon actual importation?
Upon importation, an importer must present standard customs documentation along with a valid licence.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Licence application fee is ten Monthly Calculated Indices. 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 2023 MCI is 3,450 tenge.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
There is no deposit or advance payment requirement associated with the issue of licences.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Licences are valid for the licence period.
Q15. 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.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are not transferable between importers.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
There are no conditions attached to the issuance of licence.
Other Procedural Requirements
Q18. 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.
Q19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? Is a licence required as a condition to obtaining foreign exchange? Is foreign exchange always available to cover licences issued? What formalities must be fulfilled for obtaining the foreign exchange?
Foreign exchange is automatically provided by the banking authorities for goods to be imported.