Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of May 31, 2001 No. 743

About approval of Rules of transfer of the data constituting the state secrets in connection with accomplishment of joint and other operations

(as amended on 22-04-2021)

According to item 4 of article 26 of the Law of the Republic of Kazakhstan of March 15, 1999 "About the state secrets" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of transfer of the data constituting the state secrets in connection with accomplishment of joint and other operations.

2. This resolution becomes effective from the date of signing and is subject to publication.

Prime Minister of the Republic of Kazakhstan

K. Tokayev

Approved by the Order of the Government of the Republic of Kazakhstan of May 31, 2001 No. 743

Rules of transfer of the data constituting the state secrets in connection with accomplishment of joint and other operations

1. These rules of transfer of the data constituting the state secrets in connection with accomplishment of joint and other operations (further - Rules) are developed according to article 26 of the Law of the Republic of Kazakhstan of March 15, 1999 "About the state secrets" (further - the Law) and determine procedure for transfer of the data constituting the state secrets of the Republic of Kazakhstan (further - the state secrets), in connection with accomplishment of joint and other operations.

2. In these rules the following concepts are used:

1) joint and other operations - carried out by the customer and the contractor of the order of work with use of the state secrets;

2) the customer - state body or the organization by request of which the works connected with use of the state secrets are carried out;

3) the contractor of the order - the non-state (commercial) organizations or the citizen of the Republic of Kazakhstan executing the order which execution requires use of the state secrets.

3. Transfer by the customer to the contractor of the state secrets in connection with accomplishment of joint and other operations provides the following sequence:

1) obtaining by the customer at state body at which disposal according to article 15 of the Law the state secrets, the written permission about possibility of transfer of the corresponding data to the contractor of the order and only at the amount necessary for accomplishment of these works are;

2) conclusion customer with the contractor of the order of the contract for carrying out joint and other operations;

3) the direction the customer of the written notice in bodies of homeland security of the Republic of Kazakhstan (further - bodies of homeland security) in the place of implementation of activities of the contractor of the order about the signed contract for carrying out joint and other operations and transfer of necessary state secrets.

4. For receipt of the written permission the customer sends the written request to the state body given authority on reference of data to the state secrets for possibility of transfer of the order of the state secrets to the contractor.

In request are specified:

1) full name, business and identification number, legal address of the contractor with indication of surname, name, middle name (in case of its availability) his head or surname, name, middle name (in case of its availability) the citizen with indication of individual identification number, place of employment (study), post and the place of residence, and also the body which issued the identity document;

2) the list of the state secrets planned to transfer, names of their carriers, security classifications, accounting numbers, numbers of copies, the number of sheets of classified documents or other confidential materials;

3) reasons for need of transfer of the state secrets;

4) terms for which it is planned to transfer the state secrets;

5) data on availability of permission to work with use of the state secrets and (or) the admission of the official or citizen of the Republic of Kazakhstan to the state secrets (number, date, effective period and by whom it is issued).

The draft agreement on carrying out joint and other operations, concluded between the customer and the contractor of the order is attached to request.

5. The state body which head is given authority on reference of data to the state secrets within ten working days from the date of their receipt reviews request of the customer and sends to its address the written answer signed by the head or person replacing it about possibilities of transfer of the order of the state secrets to the contractor or motivated refusal with indication of the reasons interfering transfer of the state secrets to the contractor of the order.

6. Transfer of the state secrets to the organizations or citizens of the Republic of Kazakhstan is performed on the basis of the contract for carrying out joint and other operations signed between the customer and the contractor of the order.

In the contract for carrying out joint and other operations signed between the customer and the contractor of the order according to the civil legislation settlement of the following questions is necessary:

1) procedure of control by the customer and responsibility of the contractor of the order on ensuring safety of the state secrets both in the course of work, and after their completion;

2) financing terms of works (services) in protection of the state secrets;

3) data on availability of permission of bodies of homeland security of the Republic of Kazakhstan to work with use of the state secrets or the drawn-up admission of the official or the citizen of the Republic of Kazakhstan to the state secrets (number, date, effective period and by whom it is issued);

4) the list of the state secrets planned to transfer (the list is drawn up in the form of independent appendix to the contract for carrying out joint and other operations in which names of assignable documents (carriers), security classifications, accounting numbers, numbers of copies, the number of sheets are specified).

In cases when the subject of the agreement on carrying out joint and other operations is servicing of the information systems in the protected execution carried to the state secrets, belonging to the customer, instead of names of assignable documents (carriers) the reference in any form in which the short description of the circulating data constituting the state secrets in the served information systems is reflected is put to the contract for carrying out joint and other operations.

The structural division responsible for the conclusion of the contract for carrying out joint and other operations, and also control of its execution are determined by the customer's head.

7. Before receipt of the written permission of the state body given authority according to the order the state secrets about possibility of transfer of their state secrets the conclusion of the contract for carrying out joint and other operations and transfer of the state secrets are not allowed.

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