ABOUT THE CONTROL OF SPECIFIC GOODS
Law of the Republic of Kazakhstan
Table of contents
This Law establishes the principles and legal bases of the activities of the authorized body, state bodies of the Republic of Kazakhstan in the field of control of specific goods, defines the rights, duties and responsibilities of individuals and legal entities of the Republic of Kazakhstan engaged in export, re-export, import, transit, providing extraterritorial intermediary services and technical assistance, as well as foreign persons engaged in extraterritorial re-export or transit.
Chapter 1. General provisions
Article 1. Basic concepts used in this Law
The following basic concepts are used in this Law:
weapons of mass destruction - nuclear, chemical and biological weapons;
delivery vehicles - missiles and unmanned aerial vehicles specified in the checklist;
import – import of specific goods to the territory of the Republic of Kazakhstan;
specific goods – dual-use and military goods, as well as goods controlled for reasons of national security;
dual-use goods – products (including software and technologies) specified in the control list that are used for civilian purposes, but can be used to create weapons of mass destruction, delivery vehicles, weapons, military equipment and ammunition;
military goods – military products (including software and technologies) specified in the checklist;
goods controlled for reasons of national security – products controlled for the purpose of ensuring national security, foreign policy, combating terrorism, crime management and public security, specified in the control list, not related to dual-use and military goods;
the state bodies of the control system of specific goods are the central state bodies of the Republic of Kazakhstan exercising control of specific goods within the competence established by this Law and the laws of the Republic of Kazakhstan;
control list – a list of specific goods subject to control in accordance with this Law;
re-export – export of specific goods previously imported into the territory of the Republic of Kazakhstan, produced outside its borders;
extraterritorial re-export is the export of non-processed specific goods produced in the Republic of Kazakhstan from the territory of another state to third countries;
transit – movement of specific goods through the territory of the Republic of Kazakhstan;
comprehensive control – control of goods not included in the control list;
authorized body – a state body that carries out state regulation in the field of control of specific goods;
intra-company control system of specific goods is a set of organizational, administrative, informational and other measures carried out in order to comply with the rules of control of specific goods and international obligations of the Republic of Kazakhstan;
export – export of specific goods outside the territory of the Republic of Kazakhstan, as well as transfer of technologies specified in the control list on the territory of the Republic of Kazakhstan to foreign persons;
identification – establishing the belonging (conformity) of goods to specific goods;
technical assistance – activities carried out by individuals and legal entities of the Republic of Kazakhstan outside the territory of the Republic of Kazakhstan for repair, manufacture, assembly, testing, modernization and other maintenance of dual-use and military goods, including consultations, instruction, training, exchange of work experience and skills;
extraterritorial intermediary services – negotiations or direct actions entailing transactions for the sale, purchase of dual-use and military goods from one third country to another third country, as well as the sale, purchase, transportation of dual-use and military goods owned or controlled by an intermediary from one third country to another third country;
foreign persons – legal entities and organizations in other organizational and legal form whose civil legal capacity is determined by the law of the foreign state in which they are established, individuals whose civil legal capacity and civil legal capacity are determined by the law of the foreign state of which they are citizens, as well as stateless persons whose civil legal capacity is determined by the law of the foreign state in which these persons have permanent residence;
21) guarantee obligation – an official assurance issued by the competent authority of the recipient country on the use of imported specific goods for declared (peaceful) purposes and the prevention of its extraterritorial re-export to third countries without the permission of the competent authority of the exporting country;
22) the end user certificate of the Republic of Kazakhstan is a document that contains a confirmation by the authorized body that the end user undertakes to use the goods for the purposes specified in the certificate and not to allow the export or transfer of such goods to third parties without the consent of the seller country and the authorized body;
23) the international import certificate of the Republic of Kazakhstan is a document that contains the confirmation of the authorized body that the importer undertakes to import goods and not to allow the export or transfer of such goods to third parties without the permission of the authorized body.
Article 2. Legislation of the Republic of Kazakhstan in the field of control of specific goods
The legislation of the Republic of Kazakhstan in the field of control of specific goods is based on the Constitution of the Republic of Kazakhstan and international treaties of the Republic of Kazakhstan, consists of this Law and other regulatory legal acts of the Republic of Kazakhstan regulating relations in the field of control of specific goods.
If an international treaty ratified by the Republic of Kazakhstan establishes rules other than those established by this Law, the rules of the international treaty shall apply.
Article 3. Scope of application of this Law
This Law regulates the relations of the authorized body, state bodies of the Republic of Kazakhstan and individuals, legal entities of the Republic of Kazakhstan in the implementation of export, re-export, import, transit, extraterritorial intermediary services and technical assistance, as well as foreign persons engaged in extraterritorial re-export and transit.
This Law applies to export, re-export, extraterritorial re-export, import, transit, provision of extraterritorial intermediary services and technical assistance, in terms of control of specific goods for the purposes established by this Law.
Article 4. The main objectives and principles of control of specific goods
The main objectives of the control of specific goods are:
1) ensuring the national security of the Republic of Kazakhstan by establishing control of specific goods;
2) strengthening the non-proliferation regime of weapons of mass destruction;
3) promoting the formation of a stable and secure system of international relations;
4) strengthening international security and stability, preventing the proliferation of weapons of mass destruction and means of delivery.
The main principles of control of specific goods are:
1) priority of the security interests of the Republic of Kazakhstan;
2) implementation of international treaties of the Republic of Kazakhstan on non-proliferation of weapons of mass destruction, means of delivery, as well as in the field of control of specific goods;
3) priority of political interests in the control of specific goods;
4) availability of information on the legislation of the Republic of Kazakhstan in the field of control of specific goods;
5) inadmissibility of supporting terrorism;
6) compliance of procedures and rules for the control of specific goods with generally recognized international standards and practices.
Article 5. Checklist
The checklist is developed taking into account the lists of international export control regimes, as well as based on the needs of ensuring national security and fulfilling international obligations of the Republic of Kazakhstan.
The goods defined by the control list are subject to control during export, re-export, extraterritorial re-export, import, transit, provision of extraterritorial intermediary services and technical assistance.
Article 6. Methods of control of specific goods
Control of specific goods is carried out by:
identification of specific goods;
permissive procedure for export, re-export, extraterritorial re-export, import, transit, provision of extraterritorial intermediary services and technical assistance;
3) information interaction of the authorized body with the state bodies of the control system of specific goods;
4) restrictions on export, re-export, extraterritorial re-export, import, transit, provision of extraterritorial intermediary services and technical assistance;
5) comprehensive control;
6) state control over the proper use and non-transfer of imported specific goods to third parties and other states without obtaining the appropriate permission;
7) customs control when performing customs operations in respect of specific goods during export, re-export, import and transit, in accordance with the customs legislation of the Eurasian Economic Union and (or) the Republic of Kazakhstan;
8) control of export, re-export, import and transit of specific goods when they are moved across the State border of the Republic of Kazakhstan with the member states of the Eurasian Economic Union.
Chapter 2. State regulation in the field of control of specific goods