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ORDER OF THE MINISTER OF THE INDUSTRY AND INFRASTRUCTURE DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of July 16, 2019 No. 512

About approval of Rules of issue of the permission to operate of the vessel, flying the flag foreign state, in the Kazakhstan sector of the Caspian Sea

(as amended on 31-03-2022)

According to subitem 55-6) of Item 3 of article 4 of the Law of the Republic of Kazakhstan of January 17, 2002 "About merchant shipping" and the subitem 1) article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" PRIKAZYVAYU:

1. Approve the enclosed Rules of issue of the permission to operate of the vessel, flying the flag foreign state, in the Kazakhstan sector of the Caspian Sea.

2. To provide to committee of transport of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan in the procedure established by the legislation:

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 in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "Institute of the legislation and legal information of the Republic of Kazakhstan" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan.

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

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

Minister

R. Sklyar

It is approved

Committee of homeland security of the Republic of Kazakhstan

 

It is approved

Ministry of national economy of the Republic of Kazakhstan

 

It is approved

Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

 

 

Approved by the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of July 16, 2019 No. 512

Rules of issue of the permission to operate of the vessel, flying the flag foreign state, in the Kazakhstan sector of the Caspian Sea

Chapter 1. General provisions

1. These rules of issue of the permission to operate of the vessel, flying the flag foreign state, in the Kazakhstan sector of the Caspian Sea (further - Rules), are developed according to subitem 55-6) of Item 3 of article 4 of the Law of the Republic of Kazakhstan of January 17, 2002 "About merchant shipping" and the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" (further - the Law) and determine approval procedure on operation of the vessel, flying the flag foreign state, in the Kazakhstan sector of the Caspian Sea.

2. Action of these rules extends to all vessels, flying the flag foreign state (further - foreign vessels), attracted by the Kazakhstan shipowners to implementation of activities within the Kazakhstan sector of the Caspian Sea.

The Kazakhstan shipowner is the legal entity or physical person of the Republic of Kazakhstan operating the vessel on its own behalf irrespective of whether it is owner of the vessel or uses it on other legal cause.

Chapter 2. Approval procedure on operation of the vessel, flying the flag foreign state, in the Kazakhstan sector of the Caspian Sea

3. The permission to operate of the vessel, flying the flag foreign state, in the Kazakhstan sector of the Caspian Sea (further - permission), is issued in any form by authorized body in the field of merchant shipping (further - authorized body) to the Kazakhstan shipowner for implementation of cabotage and the activities connected with transactions on subsurface use, mitigation of consequences of subsurface use and also with construction of hydraulic engineering constructions and with carrying out salvage operations (further - the applicant).

4. The applicant for receipt of permission sends to authorized body by means of the web portal of "the electronic government" www.egov.kz, www.elicense.kz (further - the portal) the request for receipt of the permission to operate of the vessel, flying the flag foreign state, in the Kazakhstan sector of the Caspian Sea (further - the request), in form according to appendix 1 to these rules.

Electronic copies of the documents provided in the standard of the state service "Issue of the Permission to Operate of the Vessel, Flying the Flag Foreign State, in the Kazakhstan Sector of the Caspian Sea" (further - the Standard of the state service) according to appendix 2 to these rules are attached to the request.

The list of the main requirements to rendering the state service including characteristics of process, form, content and result of rendering and also other data taking into account features of provision of the state service is also provided in the Standard of the state service according to appendix 2 to these rules.

Aggregate term of consideration of documents and issue of permission by authorized body constitutes 9 (nine) working days.

5. Permission is issued taking into account ensuring protection of national interests, safety of navigation of vessels and environmental protection in the Kazakhstan sector of the Caspian Sea in the absence of the free courts of similar type with similar technical characteristics floating under National flag of the Republic of Kazakhstan and capable to perform activities for which the foreign vessel, according to Items 9 and 10 of these rules is attracted.

6. Permission is issued on each foreign vessel for the term specified in the agreement (contract) based on which the foreign vessel for accomplishment of specific work types, but is attracted no more than 1 (one) year.

The agreement (contract) is signed between the Kazakhstan shipowner submitting the application for receipt of permission and the owner of the foreign vessel or the shipowner leasing the foreign vessel or the customer of works (services) for which accomplishment the foreign vessel is attracted.

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