ORDER OF THE MINISTER OF INDUSTRY AND CONSTRUCTION OF THE REPUBLIC OF KAZAKHSTAN

of November 21, 2023 No. 82

About approval of Rules of selection of the projects realized by participants of special economic zones to whom the international, regional standards and standards of foreign states can be applied

According to the subitem 229) Item 15 of the Regulations on the Industry ministry and the construction of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of October 4, 2023 No. 864 "Some questions of the Industry ministry and construction of the Republic of Kazakhstan" of PRIKAZYVAYU:

1. Approve the enclosed Rules of selection of the projects realized by participants of special economic zones to whom the international, regional standards and standards of foreign states can be applied.

2. To provide to development department of industrial infrastructure and intra country value of the Industry ministry and construction of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Industry ministry and construction of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-Minister of Industry and construction of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of Industry and construction of the Republic of Kazakhstan of November 21, 2023 No. 82

Rules of selection of the projects realized by participants of special economic zones to whom the international, regional standards and standards of foreign states can be applied

Chapter 1. General provisions

1. These rules of selection of the projects realized by participants of special economic zones to whom the international, regional standards and standards of foreign states can be applied (further - Rules) are developed according to the subitem 229) of Item 15 of the Regulations on the Industry ministry and the construction of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of October 4, 2023 No. 864 "Some questions of the Industry ministry and construction of the Republic of Kazakhstan" and determine procedure for selection of the projects realized by participants of special economic zones to whom the international, regional standards and standards of foreign states can be applied.

2. The basic concepts used in these rules:

1) special economic zone - part of the territory of the Republic of Kazakhstan with precisely designated borders on which the special legal regime of special economic zone for implementation of activities according to the Law of the Republic of Kazakhstan "About special economic and industrial zones" acts;

2) the participant of special economic zone - the legal entity performing priority types of activity in the territory of special economic zone and included in the unified register of participants of special economic zones;

3) authorized body - the central executive body performing state regulation in the field of creation, functioning and abolition of special economic and industrial zones.

Chapter 2. Procedure for selection of the projects realized by participants of special economic zones to whom the international, regional standards and standards of foreign states can be applied

3. For application of the international, regional standards and standards of foreign states, the participant of special economic zone during the designing, construction, reconstruction, carrying out modernization, expansion, capital repairs and operation of objects of industrial enterprises shall correspond to one of the following conditions:

1) membership of the Republic of Kazakhstan in the international and regional standardization organizations, metrology and accreditation;

2) availability of international treaties of the Republic of Kazakhstan on cooperation in the field of standardization;

3) agreement availability between national authority on standardization and the international, regional, foreign organization about cooperation in the field of standardization;

4) observance of requirements of holders of originals for application of the international, regional standards and standards of foreign states.

4. For selection of the projects realized by participants of special economic zones to whom the international, regional standards and standards of foreign states can be applied the participant of special economic zone directs to authorized body in any form the application with appendix of the following materials:

1) project description of the participant of special economic zone;

2) the international, regional standard planned for application or the standard of foreign state;

3) reasons for need of application of the chosen international, regional standard or the standard of foreign state.

5. The authorized body registers the statement in day of its obtaining.

6. The authorized body considers the application of the participant of special economic zone within 5 working days from the date of registration of a statement and in writing notifies the participant of special economic zone on the made decision.

The decision is made by the order of the first head of the state body performing state regulation in the field of creation, functioning and abolition of special economic and industrial zones.

7. In case of adoption of the positive decision on direct application of the international, regional standards and standards of foreign states, the authorized body within 3 working days from the date of adoption of such decision notifies on it the interested state bodies and the organizations.

8. The negative decision of authorized body is not obstacle for the subsequent address with the offer on application of other international, regional standards and standards of foreign states.

9. In case of disagreement with the decision the participant of special economic zone addresses to administrative authority, to the official whose administrative act, administrative action (failure to act) are appealed.

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