Atameken's proposals are reflected in the draft Customs Code
Ablay Myrzakhmetov spoke about the proposed changes
Chairman of the Board of NCE RK "Atameken" Ablay Myrzakhmetov announced some provisions of the draft of the new Customs Code. The speech took place in the framework of the meeting of the Government of the Republic of Kazakhstan, chaired by the Prime Minister of Kazakhstan, Bakytzhan Sagintayev.
According to Ablay Myrzakhmetov, representatives of business associations and business entities were actively involved in the discussion of the draft Customs Code. As a result, Atameken initiated about 500 amendments, of which 60% were included in the document.
In particular:
- the possibility of taking a preliminary decision by the customs body on the application of methods for determining the customs value of imported goods;
- the cases of not bringing the declarant to liability, stipulated by the Code of the Republic of Kazakhstan on Administrative Offenses, have been substantially expanded;
- the liability of the person for failure to provide preliminary information to customs authorities or for violation of the deadline for submission is excluded;
- The issue of customs declaration of goods moved within the framework of SEZ ICBS "Khorgos" and others were settled.
The Chairman of the Board of NCE briefly focused on those norms that concern business.
So, the indicator of the presence of problems of entrepreneurs in the customs sphere is the Register of problems of entrepreneurs, formed by the National Chamber. According to the Register, one of the main problems in the sphere of customs regulation is the definition of customs value, the classification of goods and the application of the risk management system.
"For example, when goods are released, customs value is determined by one, and further within the framework of desk control, customs value is revised. To solve this problem, the National Chamber made a proposal to take preliminary decisions to determine the customs value, which is taken into account in the draft law. In our view, together with the reduction of the limitation period for SMEs from 5 to 3 years, these innovations will generally have a positive impact on business", - the Chairman of the Board of Atameken said.
Ablay Myrzammetov also noted that the main innovation that business expects from the new Code is the unconditional priority of electronic declaration.
. "It is expected that from 1st of January 2018, all 17 customs procedures will be automated and will enter the electronic declaration system. The project of IS "Astana-1" is being implemented for more than a year and a half under the approved plan of the Government of the Republic of Kazakhstan. The most important concern of ours is that the state bodies manage to automate all business processes by the end of the year, because virtually all innovations, a big relief for business is contactless electronic declaration", - the Chairman of the National Chamber emphasized.
It is also important to secure at the legislative level a norm that provides for the interpretation of unclear, inaccurate provisions of the customs legislation in favor of the entrepreneur.
The Chairman of the Board of NCE proposed to extend this rule not only within the framework of consideration of complaints, but also at the stage of customs clearance.
In addition, the National Chamber proposed to bring in line with the current Tax Code and the draft Tax Code grounds for restricting the disposal of the payer's property.
"In law enforcement practice, there is always the question, from which date the property is subject to restriction: from the date of charging on the basis of the results of customs inspection or from the date of unpaid debt by the payer? Thus, the two norms come into conflict with each other. The use of different approaches to limit the use of the payer's property in the customs and tax spheres - within the framework of one department - is not permissible", - Ablay Myrzakhmetov believes.
Separately, the Chairman of the Board of NCE RK "Atameken" dwelled on the changes proposed in the Code of Administrative Offenses. Initially, the Administrative Code was amended. It was agreed with the National Chamber without comment.
However, during the harmonization by the Ministry of Finance, significant changes were made in the Code of Administrative Offenses, which envisage the expansion of the norms of the composition of offenses and the strengthening of punishment, which does not correspond to the policy of humanization and reduction of the burden.
Prime Minister of the RK Sagintayev B.A. supported the proposals of the National Chamber and instructed the state bodies to work them out in a week's time.
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