THE ORDER OF THE FIRST DEPUTY PRIME MINISTER OF THE REPUBLIC OF KAZAKHSTAN - THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of August 1, 2019 No. 808

About approval of Rules of inclusion (exception) in (from) the list (list) of the operator of fiscal data, and also the qualification requirements imposed to the potential operator of fiscal data

According to parts two and third article 171 of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code) of PRIKAZYVAYU:

1. Approve enclosed:

1) Rules of inclusion (exception) in (from) the list (list) of the operator of fiscal data according to appendix 1 to this order;

2) the Qualification requirements imposed to the potential operator of fiscal data according to appendix 2 to this order.

2. To provide to committee of state revenues of the Ministry of Finance of the Republic of Kazakhstan in the established legislative procedure:

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 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" the Ministries of Justice 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 Finance of the Republic of Kazakhstan;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of Finance of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

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

Appendix 1

to the Order of the First deputy Premier-Ministra of the Republic of Kazakhstan - the Minister of Finance of the Republic of Kazakhstan of August 1, 2019 No. 808

Rules of inclusion (exception) in (from) the list (list) of the operator of fiscal data

Chapter 1. General provisions

1. These rules of inclusion (exception) in (from) the list (list) of the operator of fiscal data (further - Rules) are developed according to parts two and third article 171 of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code) and determine procedure for inclusion (exception) for legal entities in (from) the list (list) of the operator of fiscal data.

2. Inclusion (exception) in (from) the list (list) of the operator of fiscal data is performed by Committee of state revenues of the Ministry of Finance of the Republic of Kazakhstan (further - Committee).

Chapter 2. Inclusion in the list of the operator of fiscal data

3. Inclusion in the list of the operator of fiscal data (further - the List) is performed by Committee based on the statement for inclusion in the List in form according to appendix 1 to these rules.

To the statement for inclusion in the List, the corresponding conditions, stipulated in Item 4 these rules, copies of the following documents are attached:

1) the license for provision of services in the field of communication granted by authorized body or the contract with the legal entity rendering communication services;

2) the act by results of conformity testings to requirements of information security;

3) the title document confirming the property right, or the document confirming the right of temporary use with hardware and software system for acceptance, processing and transfer of data on cash calculations in the operational mode in bodies of state revenues on networks of telecommunications public (at the same time the term of temporary use by hardware and software system shall constitute at least three years from the date of filing of application on inclusion in the List);

4) the title document confirming the property right or the right of temporary use with the real estate objects (the building, construction, the room) which are in the territory of the Republic of Kazakhstan and used for placement of the technical means performing acceptance, processing and transfer of data on cash calculations (at the same time the term of temporary use by real estate object shall constitute at least three years from the date of filing of application on inclusion in the List);

5) certificate of conformity of system of management of information security to requirements of ST of PK ISO/IEC 27001-2015 "Information technology. Methods and safety controls. Systems of management by information security";

6) the license for rendering services in identification of technical channels of information leakage and the special technical means intended for investigation and search operations or the agreement on joint operations on ensuring information security with the operating operational center of information security.

4. Inclusion of the legal entity in the List is performed in case of simultaneous observance of the following conditions:

1) availability of the statement and copies of the documents specified in Item 3 of these rules;

2) compliance to the qualification requirements imposed to the potential operator of fiscal data approved by this order;

3) ensuring carrying out demonstration of hardware and software system for acceptance, processings and transfers of data on cash calculations in the operational mode in bodies of state revenues on networks of telecommunications public, confirmatory interaction according to the protocol of interaction of hardware and software system for acceptance, processing and transfer of data on cash calculations in the operational mode in bodies of state revenues on networks of telecommunications public with cash registers with function of fixing and (or) data transmission.

5. The decision on inclusion (refusal in inclusion) the legal entity in the List is made by Committee within 30 (thirty) working days from the date of adoption of the statement.

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