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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

(In edition of the order of the Government RK of 21.03.03 No. 287, 19.01.2012 No. 122)

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

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 are developed according to article 26 of the Law of the Republic of Kazakhstan of March 15, 1999 "About the state secrets" and determine procedure for transfer of the data constituting the state secrets of the Republic of Kazakhstan (further - the state secrets), to the state and non-state (commercial) organizations (further - the organization contractor) or to citizens of the Republic of Kazakhstan in connection with accomplishment of joint confidential operations.

1-1. In these rules the following concepts are used:

1) the organization customer - the state body or the state organization which are customers of the works connected with use of the data constituting the state secrets;

2) the organization contractor - the state and non-state (commercial) organizations performing certain order of the organization customer for which execution absolutely confidential and confidential materials (products), the carriers of data (paper and electronic) constituting the state secrets are required.

2. Joint confidential operations are understood as the works which are carried out between the organization customer and the organization contractor with use of the data constituting the state secrets.

Transfer of the data constituting the state secrets, to the organizations contractors or citizens of the Republic of Kazakhstan in connection with accomplishment of joint confidential operations is performed by the organization customer of these works with the permission of state body at which disposal according to Article 15 of the Law of the Republic of Kazakhstan "About the State Secrets" the corresponding data, and only at the amount necessary for accomplishment of these works are.

3. Transfer of the data constituting 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 organization customer and the organization contractor (citizen).

4. Before receipt of the conclusion of the state body given authority according to the order the state secrets about possibility of transfer of data the conclusion of the contract for carrying out joint and other operations and transfer of the data constituting the state secrets are forbidden.

5. The rights and obligations of the Parties on ensuring safety of the data constituting the state secrets, both in the course of work, and on their completion, terms of transfer of the data constituting the state secrets, and also the amount of payment by the organization contractor for temporary use of the classified documents transferred to it, the financing terms of works (services) in protection of data constituting the state secrets are provided in the contract for carrying out joint confidential operations.

6. In case of need for transfer of the data constituting the state secrets to the organizations or citizens the organization customer sends the written request to the state body given authority according to the order these data.

In request are specified:

the organization contractor or the citizen who is supposed to transfer the data constituting the state secrets;

departmental and state accessory of the organization contractor, nationality (for citizens);

the list of the data planned to transfer, degree of their privacy;

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