Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 21, 2007 No. 300-III ZRK

About export control

(as amended on 18-03-2019)

This Law establishes bases and procedure of export control of arms, military equipment, nuclear and special non-nuclear materials, military products, goods and technologies of double application (appointment), raw materials, materials, the equipment, technologies, scientific and technical information and the services connected with their production and use for the benefit of the international and homeland security, and strengthening of non-proliferation regime of weapons of mass destruction.

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) goods and technologies of double application (appointment) the equipment, materials, raw materials, technologies and scientific and technical information which are used in the civil purposes, but can be used to the arms production, military equipment and ammunition, including weapons of mass destruction and delivery systems;

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

3) delivery systems - the rockets and unmanned aerial vehicles capable to deliver weapons of mass destruction (capable to deliver payload at least 500 kg to range of 300 km and more);

4) the rights to results of intellectual creative activities - copyright of scientific works, programs for electronic computers, maps, plans, sketches, illustrations and three-dimensional works connected with arms, military equipment, goods and technologies of double application (appointment), the special equipment and technology for creation of weapons of mass destruction, the right to inventions, useful models, industrial designs, topology of integral chips, the right to unsolved information, including to know-how of "know-how";

5) import - import of products to the territory of the Republic of Kazakhstan;

6) the warranty obligation of the importer (end user) written assurances of the importer (end user) about use of products in stated purposes, about not transfer to her other persons and non-admission of its re-export to the third countries without the permission of authorized body;

7) the warranty obligation - the official assurance of the country receiver issued by competent authority of the country receiver, about use of the imported products in stated purposes and non-admission of its re-export to the third countries without the consent of the country seller;

8) reimport - the return import in steady-state condition of the Kazakhstan products which are earlier exported from the territory of the Republic of Kazakhstan according to the legislation of the Republic of Kazakhstan;

9) re-export - export of the Republic of Kazakhstan which is earlier imported on the territory of products made beyond its limits or export of products made in the Republic of Kazakhstan from the territory of other state to the third countries;

10) state bodies of the Republic of Kazakhstan systems of export control - the central executive bodies of the Republic of Kazakhstan exercising export control within the competence established by the laws;

11) products - goods, technologies, works, services, information which are subject to export control;

12) conversion of products out of the territory of the Republic of Kazakhstan - the export and use of the Kazakhstan goods out of the territory of the Republic of Kazakhstan for the purpose of their conversion and the subsequent import of products to the territory of the Republic of Kazakhstan performed according to the legislation of the Republic of Kazakhstan;

13) the nomenclature (list) of products - the inventory, technologies, works, services and information which are subject to export control;

14) the participant of foreign economic activity (applicant) - the physical person or legal entity performing export, re-export, import, reimport, transit and conversion of products out of the territory of the Republic of Kazakhstan;

15) transit - movement of products under customs control through the territory of the Republic of Kazakhstan;

16) comprehensive control - control of products which are not entering the nomenclature (list) of products;

17) authorized body - the state body performing state regulation in the field of export control;

18) intra-corporate system of export control - complex of the actions of organizational, administrative, information and other nature performed by participants of foreign economic activity (applicants) for the purpose of observance of rules of export control;

19) export - export of products from the territory of the Republic of Kazakhstan;

20) export control - set of the measures established by this Law and other regulatory legal acts of the Republic of Kazakhstan in the field of export control for realization by state bodies of the Republic of Kazakhstan systems of export control and participants of foreign economic activity (applicants) using intra-corporate systems of export control, export procedure, re-export, import, reimport, transit or conversion of products out of the territory of the Republic of Kazakhstan;

21) nuclear and special non-nuclear materials - the materials determined as such according to requirements of the international non-proliferation regime of nuclear weapon.

Article 2. Legislation of the Republic of Kazakhstan on export control

1. The legislation of the Republic of Kazakhstan on export control is based on the Constitution of the Republic of Kazakhstan, consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which are established by this Law then are applied rules of the international treaty.

Article 3. Scope of this Law

Operation of this Law extends to export, re-export, import, reimport, transit and conversion of products out of the territory of the Republic of Kazakhstan specified in article 8 of this Law and also to activities of state bodies of the Republic of Kazakhstan of system of export control, participants of foreign economic activity (applicants).

Article 4. Main objectives and principles of export control

1. Main objectives of export control are:

1) ensuring national security;

2) strengthening of non-proliferation regime of weapons of mass destruction;

3) assistance to forming of stable and safe system of the international relations;

4) strengthening of the international security and stability, prevention of distribution of weapons of mass destruction and means of its delivery.

2. The basic principles of export control are:

1) observance of international treaties of the Republic of Kazakhstan on nonproliferation, delivery systems and other types of arms and military equipment;

2) priority of political interests in implementation of export control;

3) availability of information on the legislation of the Republic of Kazakhstan on export control;

4) inadmissibility of support of terrorism and extremism;

5) compliance of procedures and rules of export control to the universally international standards and practice.

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