Due to the creation of the Customs Union by the Republic of Kazakhstan, Republic of Belarus and Russian Federation, formerly separate customs territories of these countries are now combined in a uniform customs territory of the Customs Union.
Member countries of the Customs Union do not impose on each other customs duties and other economic constraints except for special protective, antidumping and countervailing measures.
Within the Customs Union there is a uniform customs tariff and other measures to regulate trade in goods with third countries.
The uniform measures of regulation are provided in the area of technical regulations, sanitary, veterinary and phytosanitary supervision, as well as in licensing.
In regards to some goods, there are certain prohibitions or restrictions on import or export between members of the Eurasian Economic Community and third countries. Such prohibitions or restrictions are implemented through compulsory licensing of exportation and importation of goods. With respect of other goods there is mandatory confirmation of conformity. In addition, the legislation the Customs Union requires certain documents such as special permits, notifications, certificates of state registration, veterinary certificates, expert opinions and other permits and approvals.
Please note that in practice there are numerous problems associated with inconsistency of the legislation of the Republic of Kazakhstan with the legislation of the Customs Union, which is the reason why companies often need qualified legal assistance when implementing import or export within the Customs Union.
GRATA Law Firm’s experts have extensive experience in providing services within the customs legislation of Kazakhstan. We regularly summarise information about specific problems appeared in practice and opportunities to eliminate them.
Based on the results of our successful work and taking into account positive feedback from our clients, we have formed the list of services that can be provided by our team:
advising on licensing control in the territory of the Customs Union;
advising on the need of compulsory conformity assessment (conformity certification or declaration) of imported or exported goods;
advising on obtaining permits for import/export of goods;
obtaining permits, licenses, certificates of conformity;
representing clients in public authorities.
- advising a large foreign company on the import into the territory of the Customs Union of encryption (cryptographic) means;
preparation of a memorandum on the requirements to importation of encryption (cryptographic) means to the Republic of Kazakhstan for a leading communication foreign company;
advising a large Kazakh company on legal requirements of the Customs Union and Kazakhstan in the area of certification and licensing related to importation of cars and spare parts;
preparation of a memorandum on licensing and certification of imported goods in the area of information technology under the laws of Kazakhstan and the Customs Union for a leading foreign company;
advising foreign companies on the issues of importation of medical equipment and medicines to the Republic of Kazakhstan;
advising a major foreign research company on importation of medical equipment for laboratory studies to the territory of Kazakhstan;
preparation of a memorandum for a foreign company on the procedure of obtaining licenses and permits required for the importation of equipment for power plant construction;
preparation of legal opinion for a foreign trade company on the need to obtain the license for the importation of goods, as well as on the procedure and conditions of the goods certification.
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Agriculture is one of the most attractive sectors of Kazakhstan’s economy. Kazakhstan has approximately 24 million hectares of arable land and 188 million hectares of pasture.
On 11-14 October 2018 Elite Global Legal Alliance (EGLA) held its Fourteenth General Meeting & Investment and Financing Innovation Law & Commerce Forum.
On 28 September 2018 An Export Acceleration Mission for Oil, Gas and Energy in Almaty, Kazakhstan was held.
Ibragim Kouky, the Senior Associate at Contract and Real Estate Department participated in the joint FIDIC/ICC Conference (International Federation of Consulting Engineers and International Chamber of Commerce).
In 2017 the International Federation of Consulting Engineers has introduced major amendments to FIDIC 1999 Yellow, Red and Silver Books which have been in use in the construction industry for almost twenty years.
On 20 September 2018, CCI France-Kazakhstan (CCIFK) held a monthly meeting.
Amendments concern business operations relating to performance of works, rendering services and lease relations.
While rendering services, which results the customer can use during the term of the agreement, the date of completing this business operation shall be:
last calendar day of each month of provision of services and the last day of provision of services – if the term of the agreement exceeds one month;
last calendar day of the month, when provision of services is started, and (or) the day of completing of provision of services – if the term of the agreement does not exceed one month.
This Law determines legal conditions of concession, types of state support of concessionaire and regulates social relations arising during conclusion, execution and termination of concession agreements.
This Law determines legal conditions of public-private partnership, ways of its implementation, and regulates social relations arising during preparation and implementation of public-private partnership projects, execution, performance and termination of public-private partnership agreements.
With the approval of the National Development and Reform Commission (NDRC) of the People’s Republic of China, the 10th China Overseas Investment Fair (COIFAIR) was held at the China National Convention Center, PRC on 15-16 September 2018.
On 12 September 2018 Duane Morris & Selvam law venture held Ambassador Series dedicated to Kazakhstan event in Singapore.
As football developes and becomes more popular in Kazakhstan, the legal relationships and arrangements of the parties involved increasingly require compliance with legal formalities. A professional club, sportsman, coach and federations are guided by regulations approved by the international sports organisations and/or concluded contracts.
Although the Kazakhstan securities market is the most developed in Central Asia, its development has been slow compared to the country’s banking sector.
On 5-7 September 2018, a IBA Europe-Caucasus-Asia Forum 2018 was held in Almaty.
Despite the fact that Mongolian legislation provides for a wide range of legal forms of commercial entities (limited liability company or LLC, joint-stock company or JSC and joint venture), in practice, private businessmen and foreign investors mostly prefer LLC or JSC. Representative office of foreign legal entities is also common
Land relations can be a crucial issue for foreign investors considering whether or not to start a business in a particular country. Let us provide you with a summary of land legislation of Belarus and the opportunities it offers for business.
Dmitry Samigullin spoke on Business setup in Russia in Zurich.
On 29 August 2018, the Administration of Almaty (Almaty Mayor’s Office) has officially announced the public tender for participation in PPP project for development of design specification, construction, commissioning, financing, operation and technical maintenance of Almaty Light-Rail Transportation System (the “Project”).
The Law on Amendments Intended to Improve Business Conditions (the “Business Improvement Law”) came into effect on 12 March 2017, except certain provisions.
The purpose of the Business Improvement Law is to further improve the investment climate in line with the general policy of the country to support local entrepreneurs and foreign investors.
Federal Law No. 291-FZ dated 3 August 2018 (Law No. 291-FZ) provides for the establishment and operation of special administrative districts in the territories of the Russian Island (Primorsky Krai) and Oktyabrsky Island (Kaliningrad Region) to form an investment-attractive environment for Russian and foreign investors.
On 5-7 September 2018, a IBA Europe-Caucasus-Asia Forum 2018 will be held in Almaty.
Renewable energy development has recently become hot topic in Kazakhstan that is actively being discussed among market existing and potential participants, relevant state bodies including the Ministry of Energy of the Republic of Kazakhstan (the “MoE”), international development institutions and other stakeholders.
In early July this year we witnessed the opening of the Astana International Financial Center (AIFC). We have seen a large number of reports in the media on the Court and Arbitration at the AIFC, but little has been said specifically on what exactly they can offer to Kazakhstani businesses.
Kazakhstan has high ambitions in China’s Belt and Road initiative (BRI) as it is geographically an ideal junction between China and the west.
During the Month of July 2018 GRATA International (Russian Federation) generated the most usage from Mondaq users for the category of commercial law.
В июле 2018 года наибольшее количество обращений пользователей Mondaq по вопросам коммерческого права получила GRATA International (Россия).
С 01 июля 2018 г. вступили в силу изменения в 214-ФЗ (Федеральный закон «Об участии в долевом строительстве многоквартирных домов и иных объектов недвижимости» от 30 декабря 2004 года), которые значительно усилили требования к Застройщикам.
The competition law regulates matters related to the creation of conditions for fair competition in the market for business entities, identification and implementation of legal and organisational grounds for prohibition, restriction and prevention of any activities impeding competition.
On 17 July 2018, the Board of the Eurasian Economic Commission (EEС) adopted the following acts aimed at regulation of the general market of medicines in the Eurasian Economic Union (EAEU):
Federal Law No. 234-FZ of July 29, 2013 amended the Tax Code of the Russian Federation providing for the cancellation of the state duties for state registration of:
Rules relating to statute of limitation contained in the Civil Code of the Republic of Kazakhstan (the “Civil Code”) may seem relatively straightforward. However, in our practice we frequently encounter situations where rules relating to the calculation of the statute of limitation are erroneously applied or where their applications to relevant facts create disputes. In this article, the author has attempted to provide a practical perspective on some of the most frequently encountered questions relating to the statute of limitation under Kazakh law and express views on the interpretation of certain rules.
Yesterday, 26 July 2018, GRATA International and the CCIFK held a breakfast meeting with the Chamber members.
On 3-4 July 2018, an International PPP Finance Summit 2018 took place in London, UK.
By the end of June of this year Kazakhstan signed the Multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting (MLI).
Modeled on the Dubai International Financial Centre, the Astana International Financial Centre (AIFC) was officially launched on the 5th July this year, established with the aim of bridging the gap between the world’s major fi nancial centers and a regional gateway for capital and investments.
On June 20, 2018, GRATA International Law Firm signed a memorandum on cooperation in the area of education with IQanat Public Education Fund.
3 июля 2018 года, в отеле Ritz Carlton Astana под председательством Премьер-министра Республики Казахстан Бакытжана Сагинтаева прошел круглый стол по глобальным инвестициям.
On 29 June 2018 Yerbolat Yerkebulanov, Partner of GRATA International (subsoil use practice (Almaty)) was a speaker at the Astana Legal Forum 2018.
Yerbolat Yerkebulanov, Partner, Head of Subsoil Use department (Almaty) of GRATA International was a speaker at the 25th World Mining Congress (WMC).
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