I.O'S ORDER. MINISTER OF TRANSPORT OF THE REPUBLIC OF KAZAKHSTAN

of September 18, 2024 No. 305

About approval of conditions on which foreigners and stateless persons can be part of crew of the vessel floating under National flag of the Republic of Kazakhstan

According to Item 2 of article 25 of the Law of the Republic of Kazakhstan "About merchant shipping" and Item 3 of article 34 of the Law of the Republic of Kazakhstan "About inland water transport", PRIKAZYVAYU:

1. Approve the enclosed conditions on which foreigners and stateless persons can be part of crew of the vessel floating under National flag of the Republic of Kazakhstan (further - conditions).

2. To provide to committee of rail and water transport of the Ministry of transport 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 Ministry of transport of the Republic of Kazakhstan after its official publication.

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

4. This order becomes effective after ten calendar days after day of its first official publication, except for the subitem 2) of Item of 2 conditions which becomes effective since January 1, 2025.

Approved by the Order of the acting minister of transport of the Republic of Kazakhstan of September 18, 2024 No. 305

Conditions on which foreigners and stateless persons can be part of crew of the vessel floating under National flag of the Republic of Kazakhstan

Chapter 1. General provisions

1. These Conditions on which foreigners and stateless persons can be part of crew of the vessel floating under National flag of the Republic of Kazakhstan (further - Conditions) are developed according to Item 2 of article 25 of the Law of the Republic of Kazakhstan "About merchant shipping" (further - the Law on merchant shipping) and Item 3 of article 34 of the Law of the Republic of Kazakhstan "About inland water transport" (further - the Law on inland water transport) and determine conditions on which foreigners and stateless persons can be part of crew of the vessel floating under National flag of the Republic of Kazakhstan.

2. Employment on the vessel floating under National flag of the Republic of Kazakhstan, foreigners and stateless persons is performed in compliance by the Law of the Republic of Kazakhstan "About population shift" (further - the Law on population shift), the order of the Government of the Republic of Kazakhstan of November 24, 2023 No. 1041 "About determination of the list of persons for whom permissions of local executive bodies to attraction of foreign labor power for implementation of labor activity" for implementation of labor activity in the Republic of Kazakhstan are not required, in case of observance of these Conditions.

Chapter 2. Conditions on which foreigners and stateless persons can be part of crew of the ocean ship floating under National flag of the Republic of Kazakhstan

3. Foreigners and persons without citizenship are employed on the vessel floating under National flag of the Republic of Kazakhstan in case of observance of the following conditions:

1) availability of the professional diploma or confirmation of the professional diploma meeting the requirements of the International convention about preparation and certification of seamen and execution of watch of 1978 with amendments (further - PDNV), article 24 of the Law on merchant shipping and the order of the Minister of investments and development of the Republic of Kazakhstan of July 26, 2017 No. 504 "About approval of samples of the professional diploma, confirmation of the professional diploma, Rules of certification of seamen" (it is registered in the Register of state registration of regulatory legal acts at No. 15577) (further - Rules of certification of seamen);

2) availability of the health certificate confirming their suitability to such work for health reasons according to requirements of PDNV or the conclusion of medical commission issued in the form approved by the order of the acting minister on investments and development of the Republic of Kazakhstan of March 27, 2015 No. 364 "About approval of Rules of medical examination of crew members of the vessel, requirements to condition of their health and physical suitability, and also form of the medical certificate" (it is registered in the Register of state registration of regulatory legal acts at No. 11546);

3) availability of the identity certificate of the seaman issued according to requirements of the Law of the Republic of Kazakhstan "About ratification of the Convention reviewing the Convention of 1958 on identity certificates of seamen (the Convention No. 185)";

4) implementation of mentorship for training and adaptation of the Kazakhstan personnel.

4. Employment on the vessel of foreigners and stateless persons is performed in the presence of free workplaces on the vessel and lack of opportunity to satisfy demand for workers by separate professions and qualifications in the domestic market of work according to article 103 of the Social code of the Republic of Kazakhstan.

Chapter 3. Conditions on which foreigners and stateless persons can be part of crew of the inland water transport floating under National flag of the Republic of Kazakhstan

5. Foreigners and stateless persons are not appointed to positions of the ship master, senior assistant of the ship master, senior mechanic and radio specialists.

6. Foreigners and persons without citizenship are employed on the vessel floating under National flag of the Republic of Kazakhstan in case of observance of the following conditions:

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