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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of August 12, 2021 No. 550

About approval of the Rules of interaction of state bodies of the Republic of Kazakhstan in case of introduction of measures introduced proceeding from interests of homeland security

According to Item 3 of article 18-4 of the Law of the Republic of Kazakhstan of April 12, 2004 "On regulation of trading activity" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of interaction of state bodies of the Republic of Kazakhstan in case of introduction of the measures entered proceeding from interests of homeland security.

2. 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 August 12, 2021 No. 550

Rules of interaction of state bodies of the Republic of Kazakhstan in case of introduction of the measures entered proceeding from interests of homeland security

Chapter 1. General provisions

1. These rules of interaction of state bodies of the Republic of Kazakhstan in case of introduction of the measures entered proceeding from interests of homeland security (further - Rules), are developed according to Item 3 of article 18-4 of the Law of the Republic of Kazakhstan "On regulation of trading activity" and determine order of interaction of state bodies of the Republic of Kazakhstan in case of introduction of the measures entered proceeding from interests of homeland security.

2. In these rules the following concepts are used:

1) state bodies - the central executive state bodies of the Republic of Kazakhstan, state bodies of the Republic of Kazakhstan, directly subordinate and accountable to the President of the Republic of Kazakhstan;

2) authorized body in the field of regulation of trading activity (further - authorized body) - the central executive body creating trade policy and performing management, and also cross-industry coordination in the field of trading activity;

3) competent authority of foreign state - state body of foreign state, the union of foreign states;

4) interested persons - producer of goods, merging of producers of goods most of which of participants is producers of such goods consumers of goods (if they use goods in case of production) and associations of such consumers, public associations of consumers (if the goods are consumed mainly by physical persons), exporters and importers of goods;

5) the applicant - state body, the producer of goods, merging of producers of goods most of which of participants is producers of such goods.

Chapter 2. Order of interaction of state bodies of the Republic of Kazakhstan in case of introduction of the measures entered proceeding from interests of homeland security

3. The authorized body based on the address of the applicant containing data according to the list according to appendix to these rules carries out the analysis by determination of impact of commodity import on homeland security within 90 (ninety) calendar days (further - the analysis).

4. Authorized body within the competence:

1) is informed interested persons, and also by competent authority of foreign state on the beginning of carrying out the analysis;

2) requests from state bodies, interested persons line item and (or) information, including confidential, necessary for the analysis, by means of official correspondence;

3) is performed by interaction with foreign institutions of the Republic of Kazakhstan, competent authorities of foreign state, representatives of foreign states, the unions of foreign states and the international organizations for the carried-out analysis;

4) after the notification of state bodies and interested persons if necessary holds consultations with them.

5. State bodies within the competence:

1) is considered by the materials and requests which arrived from authorized body and within 10 (ten) working days from the date of their obtaining if in request other term is not specified, provide submission of information, the created line item, statistical data and other information necessary for the analysis, including confidential (limited distribution), in the procedure established by the legislation;

2) participate as required in consultations, meetings on the analysis in case of the direction of the corresponding request of authorized body.

6. Foreign institutions of the Republic of Kazakhstan provide:

1) the direction received from the Ministry of Foreign Affairs of the Republic of Kazakhstan (further - the Ministry of Foreign Affairs) and authorized body of notifications, materials and requests in competent authorities of foreign state within 3 (three) working days from the date of obtaining in official procedure;

2) the direction of materials, requests and other information from competent authority of foreign state in authorized body within 1 (one) working day from the date of obtaining routinely, 3 (three) working days - in official procedure.

7. The Ministry of Foreign Affairs provides:

1) the direction through diplomatic channels to competent authority of foreign state of notifications, materials from authorized body within 3 (three) working days from the date of obtaining in official procedure;

2) the direction of the materials received through diplomatic channels from competent authority of foreign state, requests and other information in authorized body within 1 (one) working day from the date of obtaining routinely, 3 (three) working days - in official procedure.

8. Information provided by interested persons in authorized body is considered as confidential in case of representation by this person of the reasons testimonial of the fact that disclosure of such information will provide benefit in the conditions of the competition to the third party or will entail adverse effects for person which provided information or for person at whom this information is obtained. Confidential information is not disclosed without the permission of the interested person who provided it, except as specified, stipulated by the legislation the Republic of Kazakhstan.

9. Following the results of the analysis the authorized body directs the offer on application of the measures entered proceeding from interests of homeland security to consideration by the Interdepartmental commission of the Republic of Kazakhstan concerning foreign trade policy and participation in the international economic organizations.

10. In case of pronouncement of recommendations of application of the measures entered proceeding from interests of homeland security, the Interdepartmental commission of the Republic of Kazakhstan concerning foreign trade policy and participation in the international economic organizations, the authorized body in the procedure established by the legislation develops the draft of the order of the Government of the Republic of Kazakhstan about introduction of the measures entered proceeding from interests of homeland security.

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