ORDER OF THE MINISTER OF TRANSPORT AND COMMUNICATIONS OF THE REPUBLIC OF KAZAKHSTAN

of July 17, 2002 No. 251-I

About approval of Rules of issue of the Certificate on insurance or other financial provision of the civil responsibility for damage from pollution by oil

According to Item 3 of the resolution of the Cabinet of Ministers of the Republic of Kazakhstan of March 4, 1994 "About accession of the Republic of Kazakhstan to the International conventions accepted under the auspices of International Maritime Organization (IMO) and to the Convention on IMO" and for the purpose of safety of navigation and navigation in the Republic of Kazakhstan I order to No. 244:

1. Approve the enclosed Rules of issue of the Certificate on insurance or other financial provision of the civil responsibility for damage from pollution by oil.

2. To committee of transport control of the Ministry of Transport and Communications of the Republic of Kazakhstan (Beysembayev M. T.) in accordance with the established procedure to approve this order with the Ministry of Natural Resources and Environmental Protection of the Republic of Kazakhstan and to provide to the Ministry of Justice of the Republic of Kazakhstan for state registration.

3. To impose control of execution of this order on the first vice-Minister of Transport and Communications of the Republic of Kazakhstan Dzhakupov K. K.

4. This order becomes effective from the date of state registration in the Ministry of Justice of the Republic of Kazakhstan.

Approved by the Order of the Minister of Transport and Communications of the Republic of Kazakhstan of July 17, 2002 No. 51-I

Rules of issue of the Certificate on insurance or other financial provision of the civil responsibility for damage from pollution by oil

1. General provisions

1. These rules of issue of the Certificate on insurance or other financial provision of the civil responsibility for damage from pollution by oil (further - Rules) are developed according to the International convention about the civil responsibility for damage from pollution by oil of 1969 with amendments (further - the Convention) and the Law of the Republic of Kazakhstan of January 17, 2002 "About merchant shipping".

2. Rules determine procedure for issue of the Certificate on insurance or other financial provision of the civil responsibility for damage from pollution by oil (further - the Certificate), according to appendix to these rules which certifies that the owner's liability of this vessel transporting in bulk more than 2000 tons of oil for damage oil is insured against pollution or is otherwise provided according to the article VII of the Convention.

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

1) the vessel - any ocean ship and the watercraft of any type which is actually transporting oil in bulk as load;

2) person - any physical person or any legal entity of public or private law, including the state or any of its components;

3) the owner of the vessel - person or persons registered as the owner of the vessel, and in case of lack of registration - person or persons whose property is the vessel. However in case the vessel belongs to the state and is operated by the company which is registered in this state as the operator of the vessel, the owner of the vessel means such company;

4) the state of registration of the vessel - concerning the registered courts, the state in which the vessel is registered, and concerning the unregistered courts - the state under the flag of which the vessel floats;

5) oil - any resistant oil, in particular, crude oil, fuel oil, heavy diesel fuel, lubricating oil and whale fat, irrespective of whether they are transported onboard the vessel as load or in fuel tankers of such vessel;

6) damage from pollution - the losses or damage caused out of the vessel transporting oil by the pollution which happened owing to leakage or discharge of oil where such leakage or discharge did not occur and include the cost of preventive measures and, besides, the losses or damage caused by preventive measures;

7) preventive measures - any reasonable measures taken by any person after incident, for prevention or reduction of damage from pollution occurred;

8) incident - any incident or number of incidents of the same origin of which the damage from pollution is result.

4. The certificate conforming to requirements of the Convention shall be had:

1) vessels which come into the port of the Republic of Kazakhstan and leave it or approach the terminal which is outside port in territorial waters of the Republic of Kazakhstan or also vessel places of registration are taken from such terminal, irrespective of accessory by the state;

2) the vessels registered in the Republic of Kazakhstan, also in cases when they visit the port of other state or the terminal which is in territorial waters of other state.

These rules do not extend to the warships and other vessels belonging to any state or operated by any state if these vessels are used only for government non-commercial service at present.

5. The appropriate evidence is considered:

1) for the vessel registered in the Republic of Kazakhstan the Certificate granted by the captain of seaport who registered the vessel;

2) for the foreign vessels registered in the states being participants of the Convention, - the Certificate granted or certified by relevant organ of the state of registration of the vessel according to the article VII of the Convention;

3) for the foreign vessels registered in other states not being participants of the Convention, - the Certificate granted or certified by relevant organ of registration of the vessel of any state being the participant of the Convention.

6. The original of the Certificate shall be onboard the vessel. The copy of the Certificate is stored at the captain of the seaport which issued it.

7. Withdrawal from seaport of the Republic of Kazakhstan according to the current legislation of the Republic of Kazakhstan is not allowed to the vessel if it has no the appropriate evidence conforming to requirements of Item 5 of these rules.

8. Insurance or the provided other financial provision as, for example, guarantee of bank or the certificate granted by the international compensation fund do not meet requirements of these rules if their action can stop for other reasons, than the expiration of the effective period of insurance or other financial provision specified in the Certificate as, for example, guarantee of bank or the certificate granted by the international compensation fund before the expiration of three months from the moment of the notification on such termination made to the captain of seaport except cases when the Certificate is cancelled by the captain of seaport or when during this period the new Certificate is granted.

9. The certificate is constituted in the state, Russian and English languages.

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