World Trade Organization

Import Licensing Procedures

Ozone depleting substances

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.

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.

Purposes and Coverage of Licensing

Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.

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.

Tariff line code(s) affected, based on HS (2012)Detailed Product Description
of 2903 79 300 0fluorodichloromethane
of 2903 71 000 0difluorochloromethane
of 2903 79 300 0fluorochloromethane
of 2903 79 300 0fluorotetrachloroethane
of 2903 79 300 0difluorodichloroethane
of 2903 72 000 0trifluorodichloroethane
of 2903 72 000 0trifluorodichloroethane
of 2903 79 300 0tetrafluorochloroethane
of 2903 79 300 0tetrafluorochloroethane
of 2903 79 300 0fluorotrichloroethane
of 2903 79 300 0difluorodichloroethane
of 2903 79 300 0trifluorochloroethane
of 2903 73 000 01-fluoro-2,2-dichloroethane
of 2903 73 000 01,1,1-fluorodichloroethane
of 2903 74 000 01-chlorine, 2,2-difluoroethane
of 2903 74 000 01,1,1-difluorochloroethane
of 2903 79 300 0fluorochloroethane
of 2903 79 300 0fluorohexachloropropane
of 2903 79 300 0difluoropentachloropropane
of 2903 79 300 0trifluorotetrachloropropane
of 2903 79 300 0tetrafluorotrichloropropane
of 2903 75 000 0pentafluorodichloropropane
of 2903 75 000 01-trifluorine, 2-difluorine
of 2903 75 000 03-dichloropropane
of 2903 79 300 01,1-difluorochlor
of 2903 79 300 02-difluorine
of 2903 79 300 03-chlorofluoropropane
of 2903 79 300 0hexafluorochloropropane
of 2903 79 300 0fluoropentachloropropane
of 2903 79 300 0difluorotetrachloropropane
of 2903 79 300 0trifluorotrichloropropane
of 2903 79 300 0tetrafluorodichloropropane
of 2903 79 300 0trifluorodichloropropane
of 2903 79 300 0pentafluorochloropropane
of 2903 79 300 0fluorotetrachloropropane
of 2903 79 300 0difluorotrichloropropane
of 2903 79 300 0trifluorodichloropropane
of 2903 79 300 0tetrafluorochloropropane
of 2903 79 300 0fluorotrichloropropane
of 2903 79 300 0difluorodichloropropane
of 2903 45 000 0trifluorochloropropane
of 2903 45 000 0difluorochloropropane
of 2903 44 000 0fluorochloropropane
of 2903 47 000 01,1,2,2-tetrafluoroethane
of 2903 48 000 01,1,1,2-tetrafluoroethane
of 2903 46 000 01,1,2-trifluoroethane
of 2903 46 000 01,1,1,3,3-pentafluoropropane
of 2903 46 000 01,1,1,3,3-pentafluorobutane
of 2903 46 000 01,1,1,2,3,3,3-heptafluoropropane
of 2903 47 000 01,1,1,2,2,3-hexafluoropropane
of 2903 48 000 01,1,1,2,3,3-hexafluoropropane
2903 42 000 01,1,1,3,3,3-hexafluoropropane
of 2903 44 000 01,1,2,2,3-pentafluoropropane
of 2903 44 000 01,1,1,2,2,3,4,5,5,5-decafluoropentane
of 2903 43 000 0difluoromethane
of 2903 43 000 0pentafluoroethane
of 2903 43 000 01,1,1-trifluoroethane
2903 41 000 0fluoromethane
of 2903 79 300 01,2-difluoroethane
of 2903 71 000 01,1-difluoroethane
of 2903 79 300 0trifluoromethane

Q3. The system applies to goods originating in and coming from which countries?

The system applies to goods from all countries-parties to the Montreal Protocol.

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 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.

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;
- 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;
- 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 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.

It is not possible to abolish this 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):

N/A

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?

N/A

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?

N/A

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.)

N/A

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?

N/A

Q6.V. What are the minimum and maximum lengths of time for processing applications?

N/A

Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?

N/A

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?

N/A

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?

N/A

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?

N/A

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?

N/A

Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?

N/A

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 8 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 Ministry of Ecology, Geology 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#z211.

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;

- an electronic copy of the contract for the provision of intermediary services (in case if an intermediary represents an applicant);

- an electronic copy of the certificate of conformity or a written notice from the manufacturer that the ozone-depleting substances and (or) products containing ozone-depleting substances produced by him meet the requirements of the documents in accordance with which they are manufactured;

- an electronic copy of the current insurance policy;

- in case of import of recycled ozone-depleting substances, an electronic copy of the agreement (contract) with an organization on the recovery of ozone-depleting substances (submitted in case when the recovery will be carried out by a non-applicant) and confirmation that the organization that plans to recover the ozone-depleting substances has an equipment that meets the established requirements;

- in case of import of recycled ozone-depleting substances, an electronic copy of the agreement (contract) with an organization on destruction of ozone-depleting substances (submitted in case when destruction will be carried out by a non-applicant) and confirmation that the organization that plans to destroy ozone-depleting substances has a destruction equipment which complies with the destruction technologies for ozone-depleting substances approved by the Decisions of the Parties to the Montreal Protocol;

- in case of import of ozone-depleting substances for use as raw materials, an electronic copy of the applicant's letter confirming the use of ozone-depleting substances exclusively as raw materials for the production of ozone-friendly chemicals, or a copy of the agreement (contract) with an organization that will use ozone-depleting substances exclusively as raw materials for production ozone friendly chemicals;

- an electronic copy of information confirming that the movement of ozone-depleting substances is carried out in reusable containers, if an EAEU member state establishes a ban on the import (export) of ozone-depleting substances in single-use containers.

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 and cannot be extended.

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?

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.

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.