Article 99. The use of a bank guarantee as security for the fulfillment of the obligation to pay customs duties and taxes of the Code on Customs Regulation in the Republic of Kazakhstan
1. The customs authority accepts bank guarantees issued by second-tier banks as security for the fulfillment of the obligation to pay customs duties and taxes.
In order to accept a bank guarantee, the payer or the person specified in paragraph 3 of Article 96 of this Code shall submit to the customs authority an application in the form approved by the authorized body, accompanied by a bank guarantee agreement concluded between the second–tier bank - the guarantor and the payer, and a bank guarantee.
The customs authority, no later than three working days from the date of registration of the application specified in part two of this paragraph, accepts a bank guarantee as security for the fulfillment of the obligation to pay customs duties and taxes by registering such security or refuses to accept it.
2. The customs authority refuses to accept a bank guarantee as security for the fulfillment of the obligation to pay customs duties and taxes in one of the following cases::
1) the bank guarantee agreement and (or) the bank guarantee provided do not comply with the requirements established by the legislation of the Republic of Kazakhstan;
2) the amount of customs duties, taxes, penalties, and interest for deferral or installment payment of import customs duties in the case of accrual of such interest, the payment of which is secured by a bank guarantee, exceeds the amount of security for the fulfillment of the obligation to pay customs duties and taxes calculated in accordance with Article 104 of this Code, taking into account the provisions of paragraph 3 of this Article, confirmed by a bank guarantee;
3) the bank guarantee agreement and (or) the bank guarantee do not comply with the conditions set out in paragraphs 5 and 6 of Article 97 of this Code;
4) the second-tier bank that issued the bank guarantee provided as security for the fulfillment of the obligation to pay customs duties and taxes, as of the date of registration of the application for acceptance of the bank guarantee as security for the fulfillment of the obligation to pay customs duties and taxes, had not previously fulfilled the requirement of the customs authority to pay the amounts of customs duties, taxes, penalties, and interest due, except in cases when such a requirement is recognized by the court as illegal in accordance with the legislation of the Republic of Kazakhstan.
The customs body shall notify the payer or the person specified in paragraph 3 of Article 96 of this Code in writing or electronically no later than one working day from the date of registration of the security for the fulfillment of the obligation to pay customs duties and taxes or refusal to register such security.
3. A bank guarantee used as security for the fulfillment of the obligation to pay customs duties and taxes must include the amount of penalties for at least seven working days, which may be additionally accrued in the event of non-fulfillment by the payer of the obligation to pay customs duties and taxes, as well as the amount of interest for deferral or installment payment of import customs duties in in case of accrual of such interest.
4. In case of non-fulfillment by the payer of the obligation to pay customs duties and taxes, the customs authority shall send to the second-tier bank a claim for payment of the amounts of customs duties, taxes, penalties, and interest due within five working days after the expiration of the terms of fulfillment of the obligation to pay customs duties and taxes secured by a bank guarantee. At the same time, penalties are accrued from the day following the date of expiry of the obligation to pay customs duties and taxes.
5. The demand of the customs authority for payment of the amounts of customs duties, taxes, penalties, and interest due is subject to unconditional and mandatory execution by the second-tier bank within two working days from the date of receipt of such a request. In case of non-fulfillment or violation of the deadlines for the fulfillment of the specified requirement, the second-tier bank is liable in accordance with the laws of the Republic of Kazakhstan.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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