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 of April 11, 2014 "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 of April 11, 2014 "About civil protection" (further - the Law) and determine procedure for rendering the humanitarian assistance by the Republic of Kazakhstan.

2. In Rules the following concepts are used:

1) 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;

2) the international organization - interstate or intergovernmental organization;

3) 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;

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

5) the receiver of the humanitarian assistance - the foreign state receiving the humanitarian assistance;

6) 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.

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.

Chapter 2. Consideration of question of humanitarian assistance

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

5. 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 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 4 these rules.

6. Consideration of the address about humanitarian assistance is performed by the Commission.

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

8. 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.

9. By consideration of the address 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 for humanitarian assistance are considered.

10. 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.

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

Chapter 3. Procedure for humanitarian assistance

12. For the organization of humanitarian assistance:

1) authorized body in the field of foreign policy activities:

undertakes through diplomatic channels of measure for ensuring assistance of authorities of the receiver of the humanitarian assistance, and if necessary - authorities of the third states in implementation of actions for delivery and transfer of the humanitarian assistance to her receiver;

provides if necessary participation of representatives in transfer of the humanitarian assistance in commodity form;

provides interaction with the national and international structures created for coordination of works on liquidation of emergency situation;

2) the authorized body in the field of transport performs ensuring delivery of the humanitarian assistance in commodity form to the receiver of the humanitarian assistance;

3) the authorized body in the field of customs affairs provides carrying out in first-priority procedure for customs administration and customs control concerning the goods which are exported as the humanitarian assistance;

4) the central authorized body on budget implementation provides financing of expenses from extraordinary reserve of the Government of the Republic of Kazakhstan on humanitarian assistance;

5) the authorized body in the field of the state material reserve provides release of material values from the state material reserve for humanitarian assistance.

In case of lack of necessary goods in the state material reserve humanitarian assistance provides authorized state body of the corresponding industry.

13. For the organization of humanitarian assistance in commodity form the authorized body in the field of foreign policy activities sends to the relevant central state body details of the receiver of the humanitarian assistance within three working days from the moment of their obtaining.

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