ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of October 8, 2019 No. 743

About approval of Rules of humanitarian assistance

According to subitem 34-2) of article 11 of the Law of the Republic of Kazakhstan "About civil protection" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of humanitarian assistance.

2. This resolution becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of October 8, 2019 No. 743

Rules of humanitarian assistance

Chapter 1. General provisions

1. These rules of humanitarian assistance (further - Rules) are developed according to subitem 34-2) of article 11 of the Law of the Republic of Kazakhstan "About civil protection" (further - the Law) and determine procedure for humanitarian assistance by the Republic of Kazakhstan and the Republic of Kazakhstan.

2. In these rules the following concepts are used:

1) the humanitarian aid provided by the Republic of Kazakhstan - the help gratuitously rendered by the Republic of Kazakhstan to other states for the purpose of liquidation of emergency situations of natural, technogenic and social nature, emergency ecological situation and ecological disaster in the territory of other states;

2) the humanitarian aid provided to the Republic of Kazakhstan - the property provided gratuitously to the Republic of Kazakhstan in the form of food, consumer goods, the equipment, equipment, the equipment, medicines and medical products, other property directed from foreign countries and the international organizations for improvement of living conditions and life of the population, and also the prevention and liquidation of emergency situations of military, ecological, natural and technogenic nature, distributed by the Government of the Republic of Kazakhstan through authorized organizations;

3) authorized body in the field of the state material reserve - the central executive body performing executive and control functions, and also management of system of the state material reserve;

4) authorized organization - the organization which is under authority of the central state body of the Republic of Kazakhstan or local executive body, performing activities in the corresponding industry;

5) the international organization - interstate or intergovernmental organization;

6) the Commission concerning the international humanitarian assistance (further - the Commission) - the advisory advisory body under the Government of the Republic of Kazakhstan concerning the international humanitarian assistance formed for development of offers on the questions carried to competence of the Government of the Republic of Kazakhstan;

7) receiver of the humanitarian assistance:

in case of humanitarian assistance by the Republic of Kazakhstan - the foreign state receiving the humanitarian assistance;

in case of humanitarian assistance to the Republic of Kazakhstan - the Republic of Kazakhstan receiving the humanitarian assistance;

8) personnel for humanitarian assistance (further - personnel) - the representative or representatives of the relevant central state body sent to foreign state for transfer of the humanitarian assistance in commodity form.

3. The humanitarian aid is provided in cash or commodity form and (or) in the form of rendering services.

The humanitarian assistance in commodity form does not include arms and military equipment which can be used for causing serious bodily harms or be cause of death.

Realization (sale, donation, exchange) of the humanitarian aid provided to the Republic of Kazakhstan is not allowed.

The humanitarian assistance in type of rendering services is performed by the direction of rescue and medical forming of authorized bodies in the field of civil protection and the field of health care.

4. The humanitarian assistance shall conform to safety requirements, including the quarantine phytosanitary requirements established by the legislation of the Republic of Kazakhstan.

The expiration date of the goods directed for humanitarian assistance by the Republic of Kazakhstan shall not be less than 6 (six) months before the storage expiration if these terms are established by standard rates of technical regulation.

Chapter 2. Procedure for humanitarian assistance by the Republic of Kazakhstan

Paragraph 1. Consideration of question of humanitarian assistance

5. The bases for consideration of question of humanitarian assistance are addresses of foreign state or the international organization or the order of the President of the Republic of Kazakhstan.

6. Authorized body in the field of foreign policy activities:

1) in case of receipt of the address about humanitarian assistance within three working days sends information on the address to the Prime Minister of the Republic of Kazakhstan and (or) the commission chairman;

2) requests from the receiver of the humanitarian assistance the details necessary for humanitarian assistance, within three working days from the moment of emergence of the bases, stipulated in Item 5 these rules.

7. Consideration of the address or order of the President of the Republic of Kazakhstan about humanitarian assistance is performed by the Commission.

8. Commission sessions are held according to the Regulations on the Commission approved by the order of the Prime Minister of the Republic of Kazakhstan.

9. Offers on possibility of humanitarian assistance, and also its type, the nomenclature and amount are represented by authorized bodies in the field of foreign policy activities, on budget implementation, in the field of civil protection, in the field of the state material reserve, in the field of transport and other interested bodies to working body of the Commission no later than three working days before date of commission session.

10. By consideration of the address or order of the President of the Republic of Kazakhstan about humanitarian assistance by the Commission foreign policy and external economic interests of the Republic of Kazakhstan, financial opportunities of rendering such help, including release of material values from the state material reserve, and also possibility of the direction of personnel, rescue and medical forming of authorized bodies in the field of civil protection and the field of health care for humanitarian assistance are considered.

11. In the presence of the positive recommendation of the Commission on humanitarian assistance the relevant central state body develops the draft decision of the Government of the Republic of Kazakhstan about humanitarian assistance and in the procedure established by the legislation brings it in the Government of the Republic of Kazakhstan.

12. The decision on humanitarian assistance is made by the Government of the Republic of Kazakhstan.

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