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PRESIDENTIAL DECREE OF THE REPUBLIC OF KAZAKHSTAN

of April 1, 1996 No. 2922

About approval of the Regulations on Committee of homeland security of the Republic of Kazakhstan

(as amended on 17-05-2022)

According to the subitem 6) article 3 of the Law of the Republic of Kazakhstan of December 21, 1995 "About bodies of homeland security of the Republic of Kazakhstan" POSTANOVLYAYU:

1. Approve the enclosed Regulations on Committee of homeland security of the Republic of Kazakhstan.

2. Recognize invalid:

the resolution of the President of the Republic of Kazakhstan of December 30, 1992 No. 1042 "About approval of the Regulations on Committee of homeland security of the Republic of Kazakhstan, its bodies on places and troops subordinated to Committee of homeland security";

the resolution of the President of the Republic of Kazakhstan of April 13, 1994 No. 1653 "About entering of amendment into the resolution of the President of the Republic of Kazakhstan of December 30, 1992 No. 1042 "About approval of the Regulations on Committee of homeland security of the Republic of Kazakhstan, its bodies on places and troops subordinated to Committee of homeland security";

the resolution of the President of the Republic of Kazakhstan of April 7, 1995 No. 2183 "About entering of amendment into the resolution of the President of the Republic of Kazakhstan of December 30, 1992 No. 1042 "About approval of the Regulations on Committee of homeland security of the Republic of Kazakhstan, its bodies on places and troops subordinated to Committee of homeland security".

President of the Republic of Kazakhstan

Approved by the Presidential decree of the Republic of Kazakhstan of April 1, 1996 No. 2922

Regulations on Committee of homeland security of the Republic of Kazakhstan

Chapter 1. General provisions

1. The committee of homeland security of the Republic of Kazakhstan (further – Committee of homeland security) – the special state body of the Republic of Kazakhstan directly subordinate and accountable to the President of the Republic of Kazakhstan performing management within the powers of single system of bodies of homeland security of the Republic of Kazakhstan (further – bodies of homeland security), intelligence, counterintelligence, operational search activities, in the field of protection and protection of Frontier of the Republic of Kazakhstan (further – Frontier), providing with government communication and the organizations of the cryptographic work, suppression of acts of terrorism and other especially dangerous criminal infringement of the personality, society and the state, the organizations of activities of aircraft of bodies of homeland security, protection of the state secrets is also authorized body on protection of the state secrets in the Republic of Kazakhstan.

2. The committee of homeland security has departments:

1) Border service of Committee of homeland security;

2) Service of government communication of Committee of homeland security;

3) Service of special purpose "And" Committee of homeland security;

4) Service of foreign intelligence of Committee of homeland security;

5) Air service of Committee of homeland security.

3. The committee of homeland security performs the activities according to the Constitution, the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and other regulatory legal acts, and also this Provision.

4. The committee of homeland security is legal entity in form of business of republican public institution, has seals with the image of the State Emblem of the Republic of Kazakhstan and stamps with the name in the Kazakh and Russian languages, forms of the established sample, accounts in bodies of treasury according to the legislation of the Republic of Kazakhstan.

5. The committee of homeland security enters the civil relations from own name.

6. The committee of homeland security has the right to act as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation of the Republic of Kazakhstan.

7. The committee of homeland security concerning the competence of the procedure established by the legislation makes the decisions which are drawn up by orders of the head of Committee of homeland security and other acts, stipulated by the legislation the Republic of Kazakhstan.

8. The structure and limit of the number of staff of Committee of homeland security affirm according to the legislation of the Republic of Kazakhstan.

9. Location of Committee of homeland security: Republic of Kazakhstan, 010000, Nour-Sultan's city, area of Esil, Ulitsa Syganak, 66.

10. This Provision is the constituent document of Committee of homeland security.

11. Financing of activities of Committee of homeland security is performed from the republican budget according to the legislation of the Republic of Kazakhstan.

12. The committee of homeland security is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are powers of Committee of homeland security.

If the Committee of homeland security by legal acts is granted the right to perform the activities which are bringing in incomes, then the gained income goes to the income of the government budget if other is not established by the legislation of the Republic of Kazakhstan.

Chapter 2. Tasks and powers of state body

13. Tasks:

1) participation in development and realization of state policy in the field of safety of the personality, society and the state;

2) getting of prospecting information for the benefit of the Republic of Kazakhstan according to the Law of the Republic of Kazakhstan "About foreign intelligence";

3) providing the President, Parliament, Government and other state bodies of the Republic of Kazakhstan with the prospecting information and analytical estimates necessary for decision making in political, financial and economic, military-political, scientific and technical, humanitarian, ecological and other areas infringing on national interests of the Republic of Kazakhstan;

4) assistance in realization of policy of management of the state in political, military-political, financial and economic, scientific and technical, humanitarian, ecological and other areas infringing on national interests of the Republic of Kazakhstan;

5) ensuring interaction of state bodies and organizations of the Republic of Kazakhstan within prospecting community of the Republic of Kazakhstan;

6) safety of foreign institutions of the Republic of Kazakhstan and their personnel and implementation of measures for protection of the state secrets and counteraction to technical investigations in foreign institutions of the Republic of Kazakhstan;

7) implementation of counterintelligence activities;

8) coordination and implementation of activities for counteraction to technical investigations concerning the data constituting the state secrets;

9) identification, the prevention and suppression of the terrorist and other activities directed to violent change of the constitutional system, violation of integrity and undermining safety of the Republic of Kazakhstan;

10) coordination of activities in the sphere of counteraction to terrorism and extremism in the Republic of Kazakhstan;

11) identification, suppression, disclosure and investigation of the criminal offenses carried by the legislation of the Republic of Kazakhstan to maintaining bodies of homeland security;

12) providing the President of the Republic of Kazakhstan, state bodies, Armed Forces of the Republic of Kazakhstan, other troops and military forming with government communication in peace and wartime;

13) the organization of the cryptographic work in authorized state bodies, bodies of military management, homeland security and internal affairs of the Republic of Kazakhstan;

14) ensuring protection and protection of Frontier;

15) the organization of the protected communication of foreign institutions of the Republic of Kazakhstan and ensuring physical protection of foreign institutions of the Republic of Kazakhstan;

16) ensuring information security of networks of government communication, republican networks of the protected communication and networks of the protected communication of bodies of national security;

17) organization and conducting counterprospecting, special investigation and search operations for tasks of subjects of counterintelligence, operational search activities, and also creation of conditions for ensuring their carrying out;

18) management, forming and realization of single approaches in bodies of homeland security, and also the organization of their activities;

19) the organization and carrying out in the procedure for secret investigative actions established by the legislation of the Republic of Kazakhstan, and also creation of conditions for ensuring their carrying out;

20) realization of single state policy in the field of protection of the state secrets;

21) development of legal, administrative, economic, technical, program and cryptographic measures on protection of the state secrets;

22) implementation of other tasks assigned to Committee of homeland security within the competence.

14. Powers:

1) rights:

for office use;

for office use;

create secret objects (the companies and the organizations), and also to use the documents ciphering employees, military personnel, confidential assistants, departmental accessory of divisions, organizations, rooms and vehicles;

make, including with assistance of other state bodies and issue to persons which are subject to the state protection according to the legislation of the Republic of Kazakhstan on the state protection of persons who are involved in criminal trial, identity documents, and other documents with the changed biographical particulars;

adopt legal acts within the competence;

request and receive in the procedure established by the legislation of the Republic of Kazakhstan from state bodies, the organizations, their officials necessary information and materials;

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