The South Kazakhstan Regional Territorial Chamber of Commerce and Industry provides entrepreneurs with a wide range of services for business conduct:
• Expert examination of quantity, quality and completeness of imported and domestic goods, raw materials and equipment; • Examination of a country of goods' origin; • Confirmation of market value of exported and imported goods for the customs and taxation purposes; • Independent quality evaluation of material assets which are on the enterprise balance, partially or completely damaged at realization and storage, obsolete, with the expired period, in case of overstock owing to poor sale (in compliance with the Accounting Standard 7, clause 5); • Shipping-point inspection of quantity, completeness, packaging and loading of goods before shipment; • Production examination with a view to its reference to double-purpose production; • Inspection on determination of an industrial processing fact in accordance with requirements of the Article 249 of Internal Revenue Code; • Trademark registration assistance; • Force majeure certificate; • Certificate of enterprise membership of the home commodity producer; • List-keeping of SKR reliable enterprises; • Evaluation activity (estate properties, equipment, vehicles, actual damages, etc.); • Translation services; • Foreign economic activity counseling; • Rendering assistance in holding of exhibitions, markets, business forums, conferences, business missions, and seminars; • Information services for searching partners, commodities and services amongst Kazakhstan and foreign enterprises; • Marketing research.
An evidence of circumstances of force-majeur has great value for businessmen services.
The extreme and unpreventable circumstances interfering for execution of obligations for which occurrence the obliged party does not answer concern to circumstances of force-majeur. Acts of nature of natural and technogenic character, military actions, mass disorders and etc. concern to the circumstances of force-majeur.
The International Chamber of Commerce has published the special publication “Force Majeure and Hardship” in which these problems are considered for long-term contracts.
Variations of regulations in this case are considered in the contract conditions for any unexpectedly circumstances. So, for instance, SKR ТCC is informed about the change of circumstances on the contract – “hardship” in part of terms of performing commitments on the contract by them on the basis of the application of the legal entity. Changing of execution of liability on the contract on 60 days was able for parties because of confirmation of the given circumstances.
An evidence of circumstances of force-majeur is given out by the South-Kazakhstan Regional Territorial Chamber of Commerce and Industry on the basis of the written reference of the interested party.
The certificate is given out to the applicant in the printed kind on the official form of the South-Kazakhstan Regional Territorial Chamber of Commerce and Industry. In the certificate it is underlined: the name of the parties of the contract, its number and date of the conclusion, a place, time, the period during which extreme and unpreventable events took place; the reference to the presented originals of documents given out by the competent bodies, fixing and confirming the fact of circumstances of force-majeur; official correspondence between the parties.
The certificate is given out to each contract (convention, agreement) separately. The duplicate of the certificate given before can be given out to the applicant on the basis of his written reference. The period of consideration and outputting of the certificate is not more 15 days from the moment of grant of all need documents by the applicant.
In default in delivery of the certificate, the applicant is motivated about the reasons of refusal.
In our Chamber specialists rendering a wide range of services for region entrepreneurship development have been working. SKR TCCI carrying out its activity is governed by its own methodic and data base and has access to data base of CIS and foreign countries chambers of commerce and industry.
Examination reports issued by territorial chambers of commerce and industry have legal strength of evidence for resolution of disputes and reclamations and have been admitted both in Kazakhstan and abroad.
Examination of goods is made during the vehicle and container opening, loss occurrence, guarantee period of goods fitness. In other cases, an entrepreneur assumes damages.
GETTING THE LICENCE OF THE NATIVE SUPPLIER OF WORK, SERVICE
The license of the native supplier of work, service is given for the participation in the open competition on the state purchases because it is included to the list of the basic documents which confirm the conformity of qualification requirements of enterprise under the preparation of competitive documentation.
In according to the Resolution of Government of the Republic of Kazakhstan from December, 27, 2007 № 1301“The approval of Rules on the state purchases” the competitive committee decreases the price of the competitive request of the native supplier of work, service conditionally on five percents. And of course it is not the complete list of preferences and privileges from the government provided for the development of business of the native supplier of work, service. Statementsgiven inclauses 96-102 of above mentioned Rules are availablefor the native supplier of work, service in case of his participation in the competition.
Legal and natural persons being residents of the Republic of Kazakhstan using not less ninety five percent of local labour resources of the Republic of Kazakhstan on performing theirwork and service are defined as the native supplier of work, service in the current Rules.
The membership of the native supplier of work, service is confirmed by the statement of examination given by the Chamber of Commerce and Industry and consists of such activities as the research of the object of the examination (work, service) by competent specialists (expert, lawyer) on the basis of study, analysis and summarizing independent showings and facts for detail solution of the given task. The applicant (customer) offers the letter-offer to the Chamber of Commerce and Industry for confirmation of the membership of the native supplier of work, service with the signature of the director with appendixes of following documents for examination and giving the statement (finding):
-the certificate of the state registration of the applicant, the charter of the company, statistic card, the certificate of the registration ofthe taxpayer (notarial confirmed copies); the certificate about the basic technologic operations and process of work and service;
-documents (or their copies) confirmed of using not less 95% of workers from local labour resources of the Republic of Kazakhstan on work and service cooperating with the native supplier. It must be given such documents as contracts of acceptance on work, labour contracts, on the staff schedule, information about registration number of the taxpayer and Social Individual Code (SIC) of workers;
-documents confirmed experience of work of potential supplier in the market of purchasing work, service;
-documents confirmed qualified staff on assigned work and service;
-documents confirmed functional, technical and qualitative characteristics of assigned work and service.
The potential supplier providing the conformity of made work, service of competitive documentation indicates the period guaranteed exploitation characteristics of offered goods and service.
-additional documentation and information are necessary for the definition of belonging of work and service to the native supplier;
-permissions (licenses) for specified kind of activity in cases allowed by the current legislation of Kazakhstan.
The decision about definition of the applicant as the native supplier of work and service is made on the basis of the analysis of the documentation and the statement of examination on work and service. The license of the native supplier of work, service is given to the legal person after the positive decision of the Chamber of Commerce and Industry of South Kazakhstan Region. The license is given for every tender separately.
Certificate to establish the existence of industrial processing and raw
South Kazakhstan Regional Territorial Chamber of Commerce and Industry provides services to establish the existence of industrial processing of raw materials.
According to the approved methodology determined by the order of reception, processing and review applications from interested parties for confirmation of the fact that industrial processing of imported raw materials in accordance with the provisions of item 249 of the Tax Codex RK from 12.06.2001, other legislation of the Republic of Kazakhstan.
Industrial processing of goods - their further use in the production process, provided that at least one of the following conditions:
1. obtained after industrial processing of products (goods) is different from the used goods code of the commodity nomenclature of foreign economic activity at the level of any of the first four digits;
2. in the process of its production capacity products are subject to chemical attack with terminal with additional work.
Belonging to establish the existence of industrial processing of raw materials is confirmed by an act of inspection of the production process, issued by the Chamber of Commerce and Industry. For the examination and issuance of the act (the conclusion) the applicant (customer) gives request letter addressed to the President to establish the existence of industrial processing of raw materials with the signature of the head with the following documents to the Chamber of Commerce and Industry:
- State registration certificate of the applicant,
- Charter of the company, statistical card,
- Certificate of registration of the taxpayer (notarized copies)
- Documents confirming the ownership of the production area (proof of ownership) and equipment (an extract from the balance sheet), or lease manufacturing facilities and equipment (notarized copies),
- A brief flow chart of production,
- Copies of technical specifications (certified by the organization), GOSTs,
- Copies of contracts for the supply of raw material (certified by the organization)
- A list of imported goods, raw materials used in the manufacture of products,
- Documents for registration of the final product in the State system of Technical Regulation of RK (certificates)
- Originals of shipping documents on imported goods, raw materials (TBG, rail waybill CMR, invoice).
Based on analysis of documents submitted by the applicant and inspection of the production process of the Act lawyer decides about if imported goods, raw materials have reprocessing. If approved a certificate about the fact of industrial processing of raw materials is given by SKR CCI. The certificate is given for each separate batch of raw materials or materials imported into the Republic of Kazakhstan.
South Kazakhstan Oblast Territorial Chamber of Commerce and Industry
