A reminder on the return of gifts received by persons holding responsible government positions and persons authorized to perform government functions

MEMO

On the surrender of gifts received by persons holding responsible government positions, persons authorized to perform government functions, persons equivalent to them (except for candidates for President of the Republic of Kazakhstan, deputies of the Parliament of the Republic of Kazakhstan or maslikhats, akims of cities of district significance, settlements, villages, rural districts, as well as members of elected local government bodies), officials, as well as persons who are candidates authorized to perform the said functions (hereinafter referred to as persons), to the authorized body for state property management or local executive body.

Persons, within 7 calendar days from the date of receipt (discovery) of the gift (received without the person's knowledge; received by the person in connection with their official position or performance of official duties; transferred (delivered) publicly or during official events in connection with their official position or performance of official duties), must surrender it to the territorial divisions of the State Property and Privatization Committee of the Ministry of Finance of the Republic of Kazakhstan (hereinafter referred to as (the authorized body) or local executive bodies (hereinafter referred to as LEB).

The gift is surrendered based on an inventory, appraisal, and/or transfer and acceptance certificate, drawn up by the authorized body or LEB in the prescribed form, with the person attaching a written notice of redemption or refusal to redeem (hereinafter referred to as the notice).

The notice must contain the following information:

Name of the authorized body or LEB;

Full name of the person surrendering the gift, their position, place of work, and contact information;

Name of the gift, its quantity, and a brief description;

Information regarding consent to redeem the gift or refusal to redeem.

In the event of a gift being redeemed, a higher-ranking official must make a note on the notice indicating approval of the redemption (full name, position, and signature certified with a seal).

When a gift is deposited with a local executive body, the local executive body sends a corresponding notification to the authorized body within 5 business days. Gifts deposited with the local executive body are subject to transfer to the authorized body for accounting, storage, and appraisal within the aforementioned period.

Within 7 calendar days of receiving the corresponding notification from the person who deposited the gift, the authorized body will appraise the gift and enter into a purchase and sale agreement with the person who deposited it.

The period for appraising and concluding a purchase and sale agreement for gifts deposited with the local executive body begins from the date of receipt of the corresponding notification from the local executive body.

5. The authorized body has the right to sell a gift from a special state fund to third parties only after the person who deposited the gift has provided a written waiver of the purchase.

For reference: in accordance with subparagraph 4) of paragraph 1 of Article 472 of the Code of the Republic of Kazakhstan dated July 5, 2014 “On Administrative Offenses,” administrative liability is provided for incomplete and (or) untimely transfer of property in the form of gifts to the authorized body, if these acts do not have the characteristics of a criminal offense.