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ORDER OF THE MINISTER OF THE DEFENSE AND AEROSPACE INDUSTRY OF THE REPUBLIC OF KAZAKHSTAN

of March 28, 2018 No. 53/Tax Code

About approval of Rules of forming and maintaining the register of the confidential software and products of the electronic industry, and also criteria on inclusion of the software and products of the electronic industry in the register of the confidential software and products of the electronic industry

(as amended on 02-07-2019)

According to the subitem 20) article 7-1 of the Law of the Republic of Kazakhstan of November 24, 2015 "About informatization" PRIKAZYVAYU:

1. Approve the enclosed Rules of forming and maintaining the register of the confidential software and products of the electronic industry, and also criteria on inclusion of the software and products of the electronic industry in the register of the confidential software and products of the electronic industry.

2. To provide to committee on information security of the Ministry of the defense and aerospace industry in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction it the copy in paper and electronic form in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) within ten calendar days after state registration of this order the direction it the copy on official publication in periodic printing editions;

4) placement of this order on Internet resource of the Ministry of the defense and aerospace industry of the Republic of Kazakhstan after its official publication;

5) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of the defense aerospace industry of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2), 3) and 4) of this Item of the order.

3. To impose control of execution of this order on the supervising vice-minister of the defense and aerospace industry of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Minister of the defense and aerospace industry of the Republic of Kazakhstan

B. Atamkulov

Approved by the Order of the Minister of the defense and aerospace industry of the Republic of Kazakhstan of March 28, 2018 No. 53/Tax Code

Rules of forming and maintaining the register of the confidential software and products of the electronic industry, and also criteria on inclusion of the software and products of the electronic industry in the register of the confidential software and products of the electronic industry

Chapter 1. General provisions

1. These rules of forming and maintaining the register of the confidential software and products of the electronic industry, and also criteria on inclusion of the software and products of the electronic industry in the register of the confidential software and products of the electronic industry (further - Rules) are developed according to the subitem 20) of article 7-1 of the Law of the Republic of Kazakhstan of November 24, 2015 "About informatization" and determine procedure for forming, maintaining the register of the confidential software and products of the electronic industry, and also criteria by inclusion of the software and products of the electronic industry in the register of the confidential software and products of the electronic industry.

2. In these rules the following concepts are applied:

1) authorized body in the field of information security support (further - authorized body) - the central executive body performing management and cross-industry coordination in the field of information security support;

2) the industrial certificate - the document confirming the applicant's availability in the register of domestic manufacturers of goods, works and services.

3) the applicant - the physical person and/or legal entity making products of the electronic industry or the software which submitted the application about inclusion in the register about exception of the register or modification of the register;

4) the register of the confidential software and products of the electronic industry (further - the register) - the list of the software and products of the electronic industry conforming to requirements of information security, created for the purposes of ensuring defense of the country and safety of the state;

3. The register is kept for the purpose of information security support in state bodies and creations of conditions for development of domestic manufacturers of products of the electronic industry and the software.

Purchase of goods for the purpose of implementation of requirements of information security support for defense of the country and safety of the state is performed from the register according to the legislation of the Republic of Kazakhstan on public procurements.

At the same time in case of absence in the register of necessary products purchase of goods according to the legislation of the Republic of Kazakhstan on public procurements is allowed.

4. The data containing in the register are open and available to acquaintance of interested persons.

Chapter 2. Procedure for forming and maintaining register of the confidential software and products of the electronic industry

5. As forming and maintaining the register it is understood:

1) entering of data on the software and products of the electronic industry into the register;

2) updating of the register in case of change (amendment) of the data provided by applicants and also in case of exception of the software or products of the electronic industry of the register;

3) placement of the register on official Internet resource of authorized body.

6. Forming and maintaining the register is performed by authorized body by inclusion in the register and exceptions from it of the software or products of the electronic industry, and also modification and amendments in the data containing in the register according to statements of applicants.

7. Maintaining the register is performed in form, according to appendix 1 to these rules.

8. The software and products of the electronic industry which is not corresponding to criteria on inclusion of the software and products of the electronic industry in the register (further - criteria) provided by Items 20, of 21 these rules and also the software and products of the electronic industry of the vendors consisting in the register of unfair participants of public procurements is not subject to inclusion in the register.

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