Advising on customs valuation and transfer pricing
The effect of Kazakhstan transfer pricing (TP) regulations on customs valuation has been a popular topic of discussion recently. The customs valuation consequences of TP adjustments (i.e. price revisions in transactions between related parties) often cause disputes with the customs authorities. The TP mechanism should not be considered only from a corporate tax perspective, but also from a customs value perspective. We advise our clients on customs valuation issues related to TP, including justifying transfer prices to customs authorities, addressing adjustments of customs value, and much more. We also support our clients in disputes with the customs authorities on customs value adjustments, including litigation assistance.
Customs classification of goods
Customs classification is one of the most complicated customs issues. It not only requires general customs classification skills, but also often demands in-depth industry and/or product specific knowledge. Incorrect customs classification can open you up to significant customs exposures.
Our customs team helps to identify the appropriate tariff code for goods, identify opportunities to save on duties using customs classifications, review the tariff codes assigned to goods by customs brokers, and apply for binding customs rulings. We as well provide support to our clients in disputes on customs classifications with the authorities.
Customs audits and compliance services
Administrative penalties for breaching customs rules are significant. The statute of limitation for violating customs rules has extended to five years. Our customs team can review your company’s import/export activities to identify customs exposures and opportunities to save customs duties.
Support in disputes with customs authorities
When negotiations with local customs authorities are not successful, appealing is often the only solution. Our team supports clients in appealing customs’ decisions to superior customs authorities and in court.
Country of origin
The origin of goods can present opportunities to save on duties, just as it can give rise to risk. We can assist on observing origin requirements, justifying the origin of goods and applying for certificates of origin. Where necessary, we can also help you deal with the customs authorities on related matters.
Obtaining customs incentives
We provide advisory services and hands-on assistance to companies on application of customs exemptions and preferences, including investment preferences and implementation of customs procedures, which enable obtaining exemption from customs payments or reduce their amounts (inward/outward processing, temporary import (admission), free customs zone, free warehouse.
Diagnostics of foreign economic activity
Our experts have expanded expertise in conducting inspections of the activities of importers/exporters in line with customs legislation to identify risks and areas for reducing costs. During such inspections, our experts can review the efficiency of relations with the customs representatives.
We provide our clients with the advice on compliance with technical regulations, including requirements for the import of samples of goods for testing, as well as the labeling of goods imported into the EAEU.
Authorized Economic Operator (AEO)
New customs legislation makes the institution of authorized economic operators more attractive for business. Our experts will help you to make a decision on the feasibility of obtaining an AEO certificate, review the conformity of the company's internal
processes and accounting systems with the established requirements, and will also provide practical support to draw up an application, and prepare documents for inclusion in the register, as well as reporting envisaged for the AEO.
We provide advisory services and provide practical support to companies in the preparation of license agreements, consult on the methodology of including royalties in the customs value of imported goods. Our experts provide support for the inclusion of intellectual property (trademarks) into the Kazakhstan Customs Register of intellectual property, as well as in the Unified Customs Intellectual Property Register, valid throughout the entire EAEU territory.
Free economic zones and free warehouses with a preferential “customs regime”
We advise our clients on issues related to the application of customs procedures and implementation of customs operations in the territories of free economic zones and free warehouses, which provide residents of these territories and owners of free warehouses with significant customs exemptions. Our services also include practical support of investment and production activities of residents, including negotiations with customs authorities, organization of liaison with other government bodies, and reporting.
Preparation and analysis of foreign trade agreements, as well as structuring of deliveries
Trade development within the EAEU and the growth of integration enable the changes in the supply structure of major companies, and also requires a revision of the terms of the contracts that determine the operating procedure of the company and counterparties. Our experts will help you to effectively structure the deliveries and contractual relationships in terms of customs regulation.
Improving the performance of the customs function and internal processes
The performance of the customs function of companies often depends on the internal process structuring and the regulations on document management. We provide our clients with hands-on assistance in a comprehensive analysis of the customs function of the company or analysis of certain issues (for example, document circulation with a customs representative and customs authorities) that affect the overall performance of the company and enable risk mitigation.