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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of April 12, 2021 No. 234

About approval of Rules and criteria of reference of objects to vulnerable in the terrorist relation

According to the subitem 4) of Item 3 of article 4 of the Law of the Republic of Kazakhstan of July 13, 1999 "About counteraction to terrorism" the Government of the Republic of Kazakhstan DECIDES:

1. Approve enclosed:

1) Rules of reference of objects to vulnerable in the terrorist relation;

2) criteria of reference of objects to vulnerable in the terrorist relation.

2. Recognize to invalid:

1) the order of the Government of the Republic of Kazakhstan of August 28, 2013 No. 876 "About approval of the list of objects of the Republic of Kazakhstan, vulnerable in the terrorist relation";

2) Item of 19 changes and additions which are made to some decisions of the Government of the Republic of Kazakhstan concerning Service of the state protection of the Republic of Kazakhstan, approved by the order of the Government of the Republic of Kazakhstan of October 16, 2014 No. 1098 "About modification and amendments in some decisions of the Government of the Republic of Kazakhstan concerning Service of the state protection of the Republic of Kazakhstan".

3. This resolution becomes effective after ten 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 April 12, 2021 No. 234

Rules of reference of objects to vulnerable in the terrorist relation

Chapter 1. General provisions

1. These rules of reference of objects to vulnerable in the terrorist relation (further – Rules) are developed according to the subitem 4) of Item 3 of article 4 of the Law of the Republic of Kazakhstan of July 13, 1999 "About counteraction to terrorism" and determine procedure for reference of objects to vulnerable in the terrorist relation.

2. In these rules the following basic concepts are used:

1) the protected objects – buildings, structures and constructions intended for stay of protected persons and also the territory and the water area, adjacent to them;

2) information with limited access – information carried to the state secrets, personal, family, medical, bank, commercial and to other secrets protected by the law and also office information marked "For office use";

3) object – the organization (organization) with organized set of personnel and (or) the building, construction, complex of buildings and constructions or their part;

4) details of object, vulnerable in the terrorist relation, – obligatory information elements of object, vulnerable in the terrorist relation, determined by form of the list of objects, vulnerable in the terrorist relation.

Chapter 2. Procedure for reference of objects to vulnerable in the terrorist relation

Paragraph 1. General provisions

3. Objects belong to vulnerable in the terrorist relation in case of acceptance by the body specified in item 4 of these rules, decisions on reference of objects to vulnerable in the terrorist relation (further – the decision).

4. The decision is made on:

1) departmental level:

concerning military units and organizations of the Ministry of Defence of the Republic of Kazakhstan, objects of bodies of homeland security of the Republic of Kazakhstan and Service of the state protection of the Republic of Kazakhstan, foreign institutions of the Republic of Kazakhstan – state body under which authority these objects are;

concerning the protected objects – Service of the state protection of the Republic of Kazakhstan;

2) territorial level:

concerning the objects located in the territory of the area, the city of republican value, the capital, except for objects, specified in the subitem 1) of this Item – akimat of area, city of republican value, the capital.

Paragraph 2. Procedure for reference of objects to vulnerable in the terrorist relation at the departmental level

5. At the departmental level for decision making concerning the objects specified in the subitem 1) of item 4 of these rules in the relevant state body consideration and information analysis about objects regarding their compliance to criteria of reference of objects to vulnerable in the terrorist relation, approved by the Government of the Republic of Kazakhstan will be organized (further – criteria).

6. The objects corresponding to criteria are subject to inclusion in the list of objects, vulnerable in the terrorist relation, the relevant state body (further – the departmental list) according to their category.

7. Determination of form of the departmental list and categorization of objects are performed by the state body specified in the subitem 1) of item 4 of these rules.

Categorization of objects is understood as assignment to category objects based on the complex assessment of their condition considering degree of potential danger of making of the act of terrorism on them and its possible effects.

On filling departmental lists are the documents which are containing office information of limited distribution and having mark "For office use" if the security classification according to requirements of the legislation of the Republic of Kazakhstan about the state secrets is not appropriated to them.

8. The departmental list affirms the first head of the relevant state body.

The departmental list of foreign institutions of the Republic of Kazakhstan, vulnerable in the terrorist relation, is approved with bodies of homeland security of the Republic of Kazakhstan.

9. Modification and amendments in departmental lists is performed in cases:

1) disposals of objects from balance or acceptance of object on balance of the relevant state body;

2) changes of functional purpose of the object which entailed loss of compliance to criterion of reference of object or identification of the new objects corresponding at least than to one of criteria;

3) changes of details of object.

Paragraph 3. Procedure for reference of objects to vulnerable in the terrorist relation at the territorial level

10. At the territorial level for decision making about reference of the objects specified in the subitem 2) of item 4 of these rules to vulnerable in the terrorist relation the anti-terrorist commission of area, city of republican value, the capital, area (city of regional value) under akimat of area, city of republican value, the capital, area (city of regional value) (further – the anti-terrorist commission):

Considers 1) and analyzes information regarding compliance of objects to criteria;

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