LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 28, 2022 No. 172-VII ZRK

About control of specific goods

This Law establishes the principles and the legal basis of control of specific goods, determines the rights, obligations and responsibility of physical persons and legal entities of the Republic of Kazakhstan when implementing export, re-export, import, transit of specific goods, rendering exterritorial intermediary services or technical assistance, and also the foreign persons performing exterritorial re-export and transit of specific goods.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) military goods - arms, military equipment, technologies, the software, technical and special means, materials, the equipment for production and testing, the component parts and spare parts to them specified in the control list of specific goods;

2) comprehensive control - goods control, the specific goods which are not entering the control list;

3) weapons of mass destruction - chemical, bacteriological (biological), radiological, nuclear and toxin weapons;

4) delivery systems - the rockets and pilotless aircrafts, capable to deliver weapons of mass destruction, specified in the control list of specific goods;

5) import - commodity importation on the territory of the Republic of Kazakhstan;

6) the warranty obligation - the document containing the official assurance of the country receiver issued by its competent authority about use of imported goods in stated purposes and non-admission of their transfer to the third countries or to the third parties without the permission of competent authority of the exporting country and (or) country of source;

7) re-export - export of the goods which are earlier imported on the territory of the Republic of Kazakhstan made beyond its limits;

8) business documents - the documents used when implementing the foreign and other trade activity and also for confirmation of making of the external economic transactions connected with movement of specific goods through Frontier of the Republic of Kazakhstan (invoices (invoices), specifications, shipping (packaging) sheets);

9) transport (transportation) documents - the documents confirming availability of the transportation agreement of specific goods and accompanying them in case of such transportation (the bill of lading, delivery note);

10) the goods controlled for ensuring national security of the Republic of Kazakhstan (further - the goods controlled for ensuring national security), - the goods specified in the control list of specific goods, which are not relating to goods double or military, controlled for the benefit of homeland security regarding prevention of causing damage to national interests at the international level and to political image of the Republic of Kazakhstan, and also safety of life and health of citizens, counteractions to terrorism and crime;

11) the international import certificate of the Republic of Kazakhstan - the document which contains confirmation of authorized body that the importer shall import goods and not allow their transfer to the third countries or the third parties without receipt of the corresponding permission of the exporting country and (or) country of source and authorized body;

12) the end-user certificate of the Republic of Kazakhstan - the document which contains confirmation of authorized body that the end user shall use the imported goods in stated purposes and not allow their transfer to the third countries and the third parties without receipt of the corresponding permission of the exporting country and (or) country of source and authorized body;

13) dual-use goods - products (including the software and technologies) specified in the control list of specific goods which are used in the civil purposes, but can be applied to creation of weapons of mass destruction and means of its delivery, arms, military equipment;

14) specific goods - goods double and military, and also the goods controlled for ensuring national security;

15) control of specific goods - set of the measures established by this Law and other regulatory legal acts of the Republic of Kazakhstan for observance of requirements of the legislation of the Republic of Kazakhstan in the field of control of specific goods and the international obligations of the Republic of Kazakhstan;

16) the intra-corporate control system of specific goods - complex of the actions of organizational, administrative, information and other nature performed for the purpose of fulfillment of requirements, established by the legislation of the Republic of Kazakhstan in the field of control of specific goods, and the international obligations of the Republic of Kazakhstan;

17) state bodies of the control system of specific goods - the central state bodies of the Republic of Kazakhstan exercising control of specific goods within the competence established by this Law and the legislation of the Republic of Kazakhstan;

18) identification of specific goods - establishment of belonging of goods to specific goods, including the software and technologies;

19) the control list of specific goods (further - the control list) - the list of the specific goods which are subject to control according to this Law;

20) technical assistance - the activities performed by physical persons and legal entities of the Republic of Kazakhstan outside the territory of the Republic of Kazakhstan for repair, production, assembly, testing, upgrade and other maintenance of goods double and (or) military, including consultations, instructing, training, experience exchange of work and skills;

21) transit - movement of goods through the territory of the Republic of Kazakhstan;

22) authorized body - the central executive body performing state regulation in the field of control of specific goods and also in limits, stipulated by the legislation the Republic of Kazakhstan, - cross-industry coordination;

23) foreign persons are the physical persons who are not citizens of the Republic of Kazakhstan and having the evidence of the belonging to nationality of other state and also legal entities whose civil legal capacity is determined by the right of foreign state;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info