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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of November 29, 2019 No. 896

About approval of Rules of turnover of arms and military equipment

According to the subitem 11) of article 5 of the Law of the Republic of Kazakhstan of March 18, 2019 "About defense industry and the state defense order" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of turnover of arms and military equipment.

2. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix to this resolution.

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

Prime Minister of the Republic of Kazakhstan

A. Mamin

Approved by the Order of the Government of the Republic of Kazakhstan of November 29, 2019 No. 896

Rules of turnover of arms and military equipment

Chapter 1. General provisions

1. These rules of turnover of arms and military equipment (further - Rules) are developed according to the subitem 11) of article 5 of the Law of the Republic of Kazakhstan of March 18, 2019 "About defense industry and the state defense order" and determine procedure for turnover of arms and military equipment, military person-portable small arms and cartridges to it, and also cold weapon.

2. Implementation of Rules is directed to creation of conditions on exception of opportunities of illicit trafficking in arms and military equipment.

In these rules the following concepts are used:

1) military equipment - fighting vehicles, warships (motor boats and military auxiliary vessels), military aircrafts, and also the ships (motor boats and other vessels), aircrafts and other aircraft which equip Armed Forces of the Republic of Kazakhstan, other troops and military forming, special state and law enforcement agencies of the Republic of Kazakhstan;

2) upgrade - complex of works as a result of which accomplishment separate tactical and technical elements of arms, the military, automotive and special equipment, technical and special means with preserving their basic purpose in former condition which are characterized by replacement of obsolete samples change, the technical means and components used in them new, more modern (or application of new technical solutions), directed to improvement of tactical technical characteristics of sample;

3) military person-portable small and cold weapon - the weapon intended for the solution of fighting, operational and office and educational tasks, taken advantage by the relevant state bodies of the Republic of Kazakhstan and their divisions (further - Armed Forces, other troops and military forming, special state and law enforcement agencies), and also made for deliveries to other states. Military person-portable small arms and cartridges to it are one of arms types.

4) repair - complex of transactions on recovery of operability or working capacity, elimination of causes of failure and recovery of the spent resource of mechanisms, components or their components of arms, the military, automotive and special equipment, technical and special means;

5) traffic in weapons - production, assembly, alteration, realization (trade), transfer, donation, rewarding, inheritance, acquisition, collecting, exhibiting, accounting, storage, carrying, transportation, use, withdrawal, destruction, import to the territory of the Republic of Kazakhstan and export it from the Republic of Kazakhstan;

6) arms - the different types of weapon, complexes and systems intended for defeat of manpower, the equipment and infrastructure facilities, destruction of structures (strengthenings), the means imitating the specified components, ammunition, and also systems, devices, carriers and devices;

7) turnover of arms and military equipment - development, production, repair, acquisition and realization, installation, adjustment, upgrade, installation, use, storage, repair and field service, transfer, liquidation by means of destruction, utilizations, burials and conversion, import to the Republic of Kazakhstan and export from the Republic of Kazakhstan arms and military equipment;

8) development of arms and military equipment - complex of the project works which are carried out for the purpose of receipt of descriptions of the new or modernized sample of arms and military equipment;

9) the organizations of defense industry complex - the domestic producers and domestic suppliers of works, services having licenses in the field of turnover of arms and military equipment;

10) the state defense order - the legal act of the Government of the Republic of Kazakhstan approving the list (nomenclature) of goods of military (products), goods (products) of dual purpose (application), military works and military services, acquired for needs of defense, safety and law and order in the state, activities of special state and law enforcement agencies of the Republic of Kazakhstan, the state material reserve, mobilization, space activities, and also accomplishment by the Republic of Kazakhstan of international treaties and obligations;

11) ammunition - the arms components which are directly intended for defeat of manpower, the equipment and infrastructure facilities, destruction of structures (strengthenings) and also the means imitating the specified components;

12) maintenance - complex of actions for maintenance and recovery of technical readiness of arms, the military, automotive and special equipment, technical and special means during the between-repairs period in case of their proper use, storage and transportation which need of carrying out is determined by their technical condition;

13) authorized body - the state body performing management and cross-industry coordination in the field of defense industry and the state defense order;

14) authorized organization - the legal entity determined by the Government of the Republic of Kazakhstan, performing commodity import of military (products), goods (products) of dual purpose (application), military works and military services, realization (including export), liquidation by means of destruction, utilizations, burials and conversion of idle property, except for ammunition, rendering services in provision in property employment (lease) of not used defense objects, participation in the international exhibitions in the field of defense industry and their organization in the territory of the Republic of Kazakhstan.

3. Activities in the field of turnover of arms and military equipment are subject to licensing according to the legislation of the Republic of Kazakhstan on permissions and notifications.

4. The organizations of defense industry complex participating in turnover of arms and military equipment ensure safety of production, accounting and safety of arms and military equipment.

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