ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of October 23, 2017 No. 671

About approval of Rules of release from passing boundary, customs and other types of control when crossing Frontier of the Republic of Kazakhstan concerning rail vehicles, the following in transit through the Republic of Kazakhstan is unceasing

According to subitem 10-2) of article 55 of the Law of the Republic of Kazakhstan of January 16, 2013 "About Frontier of the Republic of Kazakhstan" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of release from passing boundary, customs and other types of control when crossing Frontier of the Republic of Kazakhstan concerning rail vehicles, the following in transit through the Republic of Kazakhstan is unceasing.

2. This resolution becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of October 23, 2017 No. 671

Rules of release from passing boundary, customs and other types of control when crossing Frontier of the Republic of Kazakhstan concerning rail vehicles, the following in transit through the Republic of Kazakhstan is unceasing

Chapter 1. General provisions

1. These rules of release from passing boundary, customs and other types of control when crossing Frontier of the Republic of Kazakhstan concerning rail vehicles, the following in transit through the Republic of Kazakhstan is unceasing, (further - Rules) are developed according to subitem 10-2) of article 55 of the Law of the Republic of Kazakhstan of January 16, 2013 "About Frontier of the Republic of Kazakhstan" (further - the Law) and determine procedure for release from passing boundary, customs and other types of control when crossing Frontier concerning rail vehicles, the following in transit through the Republic of Kazakhstan is unceasing.

2. In these rules the following basic concepts are used:

1) state control bodies - the state bodies performing boundary, customs and other types of control provided by the Law;

2) authorized body - the central actuator performing management in the field of rail transport and also in limits, stipulated by the legislation the Republic of Kazakhstan, cross-industry coordination;

3) carrier - person performing activities for carriage of goods or passengers, baggage, cargo baggage, mailings and specified in carriage documents, owning on the property right or other legal cause railway vehicles, including traction vehicles;

4) the national operator of infrastructure - the legal entity whose controlling stock is owned by national railway company, performing operation, the content, upgrade, construction of the high-level railway net and rendering services to the high-level railway net and also performing first-priority ensuring military transportations.

Chapter 2. Procedure for release from passing boundary, customs and other types of control when crossing Frontier of the Republic of Kazakhstan concerning rail vehicles, the following in transit through the Republic of Kazakhstan is unceasing

3. Boundary, customs and other types of control (further - the state control) are not carried out when crossing by person of Frontier by the rail vehicle when following is unceasing:

from the territory of the Republic of Kazakhstan en route through the territory of foreign state on other part of the territory of the Republic of Kazakhstan;

from the territory of foreign state en route through the territory of the Republic of Kazakhstan on other part of the territory of the same foreign state.

4. For release from passing of the state control when crossing Frontier of the Republic of Kazakhstan in the cases specified in Item 3 of these rules, the carrier in thirty calendar days prior to the beginning of calendar year sends to the Border service of Committee of homeland security of the Republic of Kazakhstan and authorized body information on the trains planned to non-stop passing through the territory of the Republic of Kazakhstan with appendix of the following materials:

1) schemes of division with indication of its extent and the information about the owner provided by the national operator of infrastructure on whom non-stop passing of trains next calendar year is planned;

2) data on passenger trains which will follow it is unceasing in the following to calendar year according to the traffic schedule of passenger trains in the Republic of Kazakhstan, or information on the number of the freight trains offered to non-stop passing through the territory of the Republic of Kazakhstan with indication of their state accessory according to the plan of forming of trains.

5. In case of the change of information and/or materials provided in the Border service of Committee of homeland security of the Republic of Kazakhstan and authorized body according to item 4 of these rules, carriers in ten calendar days prior to introduction of such changes repeatedly provide updated information and/or materials.

6. Providing non-stop passing of rail vehicles, control of observance of prohibition on implementation of disembarkation (landing) of passengers, unloadings (loading) of loads and goods are performed by carriers.

7. For localization and liquidation of emergency situations of natural and technogenic nature other procedure for crossing of Frontier by rescue units can be provided by the laws of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.

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