For lawful enterprises in the tobacco domain, it is imperative to procure a license for the fabrication of tobacco commodities in Kazakhstan. This stipulation is instituted by governmental entities of the Republic of Kazakhstan (hereinafter referred to as the RK) to regulate the caliber and security of tobacco commodities, as well as to counteract illicit commerce and adhere to fiscal and other legislative prerequisites.
Licensing ascertains that tobacco enterprises in Kazakhstan and the global consortium adhere to Kazakhstan's and global benchmarks, influencing diverse classifications of ventures.
- Manufacture of tobacco commodities.
- Translocation of tobacco commodities.
Procedure for acquiring a license for the fabrication of tobacco commodities in Kazakhstan possesses its own distinct formalities. This publication elucidates the juridical aspects governing the tobacco commodity market in Kazakhstan and the licensing dimensions.
Regulation of the tobacco market in the Republic of Kazakhstan
Kazakhstan, a preeminent Central Asian realm with intimate economic affiliations to CIS territories, China, and Mongolia, has emerged as the foremost tobacco market in the precinct, exhibiting a 7.9% augmentation in output in 2022, encompassing cigarettes, smoking tobacco, cigars, and electronic cigarettes.
Regulation of the tobacco market in Kazakhstan is governed by a plethora of statutes, the principal one being the Law on State Regulation of the Production and Circulation of Tobacco Products 2003. This statute delineates precepts for the manufacture, importation, vendition, and consumption of tobacco products, as well as stipulations for overseeing the circulation of tobacco products through surveillance and instituting a declaration schema.
Company registration in Kazakhstan for the purposes of production of tobacco products
Prior to the incorporation of an enterprise in Kazakhstan's tobacco sector, it is paramount to acquaint oneself with the subsequent information. In accordance with the Entrepreneurial Code of the Republic of Kazakhstan, the categorization of establishments into diminutive, moderate, and grand is employed. Ordinarily, this considers metrics such as the mean annual headcount of personnel and the mean annual revenue of the establishment.
To lawfully partake in the fabrication of tobacco commodities in the Republic of Kazakhstan, one must fulfill the ensuing prerequisites:
- Institute juridical organism as JSC or LLC.
- Obtain tobacco manufacturing authorization.
- Comply with "Concerning the Security of Tobacco Goods" directive.
- Guarantee merchandise caliber supervision.
- Conform to product designation mandates.
The manufacture of tobacco commodities is a meticulously governed procedure that must be executed:
- at the location specified in the license;
- on apparatus that satisfies the stipulations prescribed by the standardization doctrine;
- if you possess a production credential;
- on the conditions of proprietorship of edifices/quarters that appertain to the producer of tobacco commodities under title or other lawful entitlements, as well as laboratories where technical scrutiny of the fabrication of tobacco commodities is conducted.
In alternative parlance, stipulations for procuring a license for the manufacture of tobacco commodities in Kazakhstan encompass the necessity to possess particular resources and circumstances to ascertain the comprehensive technological fabrication cycle.
Preconditions for executing undertakings: fabrication ateliers, depositories, administrative quarters, and other pertinent chambers wherein the fabrication, preservation, and governance of the establishment shall transpire.
Technological apparatus: the establishment must possess the requisite technological apparatus for all phases of the fabrication of tobacco commodities, from tobacco refinement to the creation of consummate wares such as cigarettes.
Testing facilities: testing facilities employed to scrutinize and regulate the caliber of unrefined materials from which tobacco commodities are concocted and finished wares must be accredited in accordance with the statutes of the Republic of Kazakhstan. This guarantees adequate examination and caliber regulation of wares.
The procedure for procuring a patent for the manufacture of tobacco commodities in Kazakhstan
The credentialing of nicotine undertakings is one of the implements for governing the tobacco sector. In broad terms, the credentialing of endeavors for the manufacture of tobacco merchandise in Kazakhstan encompasses the following procedures.
- Formulation of manuscriptations:
- Petition for a charter.
- Duplications of the entity's foundational manuscripts.
- Data regarding the locus of endeavor.
- Papers substantiating adherence of fabrication to criteria.
- Compilation of technical treatises:
- Intelligence concerning the technological progression of tobacco stick fabrication.
- Certificates affirming the caliber and security of merchandise.
- Furnishing testimony of adequate pecuniary means to execute undertakings.
- Ratification of remittance of state levies.
The Ministry of Industry and Infrastructure Development in Kazakhstan bestows approbation to fabricate tobacco wares subsequent to acquiring scrutiny outcomes. The Ministry of Trade and Integration is accountable for governing the ingress and egress of tobacco goods.
In the inaugural instance, the license is conferred for a duration of five years. In the subsequent instance, the license shall endure for three years. To inaugurate an enterprise in Kazakhstan for the fabrication of tobacco commodities, a petition and documentation for registration and licensing may be proffered via the e-government portal.
To elucidate stipulations or solicit proficient aid in procuring authorizations for tobacco manufacturing endeavors in Kazakhstan, communicate directly with legal advisers possessing specialized expertise.
Permission to import tobacco products in Kazakhstan
In accordance with the statute, a permit to import cigarettes (tobacco commodities) in Kazakhstan is requisite. Evaluations of establishments manufacturing tobacco commodities are conducted periodically to ascertain adherence of their operations to the stipulations of this statute.
|
License for import of tobacco products in the Republic of Kazakhstan |
|
|
NFB Sticks (i.e. cigarettes) |
NFB Device/Vape Pod (i.e. devices for heating tobacco/vaping) |
|
The extant stipulations of the Statute of the Republic of Kazakhstan “On Licensing” do not stipulate the requisite of procuring a license to vend tobacco commodities. Merely endeavors pertaining to the fabrication and exportation/importation of tobacco commodities are contingent upon licensing. |
Please note that NFB Device/Vape Pod is not regulated by the laws of Kazakhstan. This does not mean that such products can be imported into the Republic of Kazakhstan for commercial purposes without the necessary permit/license. Since there are a number of devices (with different technical characteristics), it is recommended to request an official technical study of the devices from the authorized body of the Republic of Kazakhstan. Only a technical study can determine whether devices are subject to certification or not. Moreover, based on the results of the technical study, the applicant will be provided with an appropriate conclusion, which can be presented to the government authority of Kazakhstan when passing through customs control. Important. The conclusion is an official document. To initiate a technical study, the following information must be provided to the authorized body:
|
Kazakhstan is likewise a principal purveyor of tobacco commodities. In 2022, consignments of cigarettes and tobacco from the Republic of Kazakhstan totaled 1.3 billion US dollars, which represents a 30% augmentation compared to the antecedent year. Kazakhstan's primary export domains are the nations of Central Asia.
Obtaining a license for the production of tobacco products in Kazakhstan: declaration conditions
To enlist tobacco commodities in Kazakhstan, importers must procure a tobacco product declaration certificate and aggregate and peruse documents substantiating their compliance with legal stipulations, encompassing:
- Credentials attesting that tobacco commodities conform to specific criteria and safety stipulations.
- Credentials containing particulars on the proper utilization of commodities and requisite inscriptions.
Upon the receipt of the declaration, it is imperative to commence the affixing of labels to the merchandise; however, prior to this, it is requisite to inscribe tobacco commodities in the National Catalogue of Products.
Regulation of the tobacco products market in the Republic of Kazakhstan: issues related to product labeling
Labeling is a distinctive emblem on a product that imparts knowledge about the item and its purveyor. Each tobacco commodity must possess a bidimensional matrix barcode. The marking cipher supplanted the excise seal in the Republic of Kazakhstan. Prerequisites for the identification of tobacco commodities in Kazakhstan were instituted to regulate the fabrication, circulation, and vending of tobacco wares, as well as to combat contraband, forgery, and illicit trafficking.
The importer is encumbered to ascertain that tobacco generated beyond the confines of the Republic of Kazakhstan is emblazoned prior to importation into Kazakhstan or before undergoing customs formalities if tobacco commodities are to be utilized for indigenous consumption/re-importation.
Within 30 laborious days subsequent to the acquisition of the codes, the importer must ascertain that they are affixed to the cigarette containers and convey information regarding the identification codes to the Special Labeling Information System.
Obtaining a license for the production of tobacco products in Kazakhstan: reporting obligations
Should you be inclined to procure authorization to manufacture tobacco commodities in Kazakhstan, it is imperative to recognize that producers/importers of tobacco commodities are mandated to furnish the subsequent particulars to the regulatory entity:
- An exhaustive delineation of the constitution of tobacco commodities, encompassing constituents (notably, the quantitative concentration of nicotine within tobacco commodities), adjuncts, and other elements.
- Magnitude of manufactured/imported tobacco commodities for a specified interval.
- Intelligence regarding technological procedures employed in the fabrication of tobacco commodities.
- Outcomes of laboratory examinations conducted to ascertain the caliber of tobacco commodities.
- Data concerning the marketing and dissemination of tobacco commodities within the marketplace.
- Validation that the manufacturing and constitution of tobacco commodities adhere to all prevailing standards.
Kazakhstan's tobacco industry license possessors must yearly furnish a reckoning to guarantee lucidity, safeguard consumer prerogatives, and conform to edicts. Commencing January 1, 2022, tobacco enterprises must tender 12% VAT on tobacco wares, tobacco substitutes, and electronic cigarette solutions. This guarantees compliance with directives.
Suspension or revocation of a license
Action licenses for cigarettes (tobacco) in Kazakhstan may be abrogated in accordance with the stipulations of this Statute of the Republic of Kazakhstan for a duration of up to six months under the ensuing conditions:
- Transgression of extant statutes. Such transgressions encompass, for instance, the fabrication of tobacco commodities in contravention of safety stipulations.
- Transgression of qualification stipulations by the licensee. Such transgressions encompass, for instance, the licensee’s deficiency of premises, apparatus, or personnel requisite to execute licensed undertakings.
- Inability to execute licensed undertakings within 12 months from the date of issuance of the license.
- Rejection to furnish data/documents to the authoritative entities for the purpose of surveilling the licensee’s adherence to statutory stipulations, or submission of spurious information.
- Transgression of labeling precepts.
Conclusion
Mercantile undertakings in the realm of tobacco fabrication within the Republic of Kazakhstan are subjected to incessant oversight by governmental entities. Supervision by state agencies in the tobacco marketplace is directed towards engendering circumstances conducive to adherence to legislation, safeguarding consumer entitlements, and ensuring fiscal equilibrium. Securing a license for the manufacture of tobacco commodities in Kazakhstan constitutes one of the oversight instruments.
Our company’s experts shall assist our patrons in assembling the requisite assemblage of documentation for submitting a petition for acquiring a license for the fabrication of tobacco commodities in the Republic of Kazakhstan and shall further accompany you throughout the process of endorsements with governmental entities.
