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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of June 3, 2021 No. 372

About approval of Rules of creation, maintaining and use of the register of business partners

According to item 4 of article 25-1 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of creation, maintaining and use of the register of business partners.

2. This resolution becomes effective since July 1, 2021 and is subject to official publication.

Prime Minister of the Republic of Kazakhstan

A. Mamin

Approved by the Order of the Government of the Republic of Kazakhstan of June 3, 2021 No. 372

Rules of creation, maintaining and use of the register of business partners

Chapter 1. General provisions

1. These rules of creation, maintaining and use of the register of business partners (further - Rules) are developed according to item 4 of article 25-1 of the Entrepreneurial code of the Republic of Kazakhstan, Item 2 of Article 7, subitem 3-3) of Item 1 of article 11 of the Law of the Republic of Kazakhstan of January 12, 2007 "About national registers of identification numbers", subitem 9-3) of article 9 of the Law of the Republic of Kazakhstan of May 21, 2013 "About personal data and their protection" (further - the Law "About Personal Data and Their Protection") and determine procedure for creation, maintaining and use of the register of business partners.

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

1) preliminary index - part of the scoring index reflecting conscientiousness of the subject of entrepreneurship, calculated with use of data of one state body. The preliminary index is applied to respect for information security and ensuring confidentiality of tax, customs secret and personal data. Calculation of preliminary index is perfromed in the protected perimeter of the relevant state body;

2) the potential partner - the legal entity or the individual entrepreneur with whom the entrepreneur is going to conclude the bargain;

3) the register of business partners - the information system integrated with objects of informatization of state bodies and organizations, containing the information about subjects of entrepreneurship which is not the secret protected by the laws;

4) business and identification number (further - BIN) - the unique number created for the legal entity (branch and representation) and the individual entrepreneur performing activities in the form of joint venture;

5) individual identification number (further - IIN) - the unique number created for physical person, including the individual entrepreneur performing activities in the form of personal entrepreneurship;

6) National certification center of the Republic of Kazakhstan (further - NUTs) - the certification center providing means of the digital signature and registration certificates to physical persons or legal entities for forming of electronic documents in the state and non-state information systems;

7) the single transport circle of state bodies (further - UTS of GO) - the network of telecommunications entering information and communication infrastructure of "the electronic government" and intended for ensuring interaction local (except for the local networks having Internet access), departmental and corporate networks of telecommunications of state bodies, their subordinated organizations and local government bodies, and also other subjects of informatization determined by authorized body with observance of required level of information security;

8) scoring indexes - set of the indexes applied in the analysis of conscientiousness of the subject of entrepreneurship and reflecting the risks connected with the introduction with the subject of entrepreneurship in business relations. Scoring indexes are created based on information of the register of business partners;

9) lock of "the electronic government" (further - ShEP) - the information system intended for integration of objects of informatization of "the electronic government" with other objects of informatization;

10) the digital signature (further - the EDS) - set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content.

3. The register of business partners is intended for provision to entrepreneurs of opportunity to independently estimate conscientiousness of the potential partner.

4. Users of the register of business partners are physical persons and legal entities.

5. Assessment of conscientiousness of subjects of entrepreneurship is performed by users independently based on information provided by the register of business partners.

Chapter 2. Procedure for creation of the register of business partners

6. The register of business partners is created by National chamber of entrepreneurs of the Republic of Kazakhstan (further - Scientific Production Enterprise).

7. The user of the register of business partners receives the following information about the subject of entrepreneurship:

the report containing the information about the subject of entrepreneurship based on the state bodies and open sources this from information systems;

information on inclusion of the subject of entrepreneurship in the registers, lists, lists created by authorized state bodies according to their competence.

8. Information exchange of system of the register of business partners with ShEP is performed by means of electronic messages in the "request-the answer" mode with use of the EDS issued to NUTs.

9. Participants of information exchange (further - participants) provide access to interaction services round the clock, except for technical failure and technology work stoppages of information systems on which the participant at whom the technology work stoppage of information systems, other participants at least in 36 hours prior to works is planned informs.

Participants of information exchange are state bodies - owners of information systems and Scientific Production Enterprise - the owner of information system of the register of business partners.

10. Information security in case of information exchange is provided according to subitem 9-3) of article 9 of the Law of the Republic of Kazakhstan "About personal data and their protection", and also requirements of the Law of the Republic of Kazakhstan of November 24, 2015 "About informatization".

11. The scoring indexes appropriated to subjects of entrepreneurship are available to users of the register of business partners:

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