RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF KAZAKHSTAN

of March 9, 1993 No. 183

About approval of the Regulations on export and import of nuclear materials, technologies, the equipment, installations, special non-nuclear materials, the equipment, materials and dual-use technologies, sources of radioactive radiation and isotope products

For the purpose of implementation of the state control over export and import of nuclear materials, technologies, the equipment, special non-nuclear materials, including rare-earth and rare elements, metals of platinum group, radioactive elements, their alloys, connections and oxides, materials and dual-use technologies, radioactive sources of ionizing radiation and isotope products the Cabinet of Ministers of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Regulations on export and import of nuclear materials, technologies, the equipment, installations, special non-nuclear materials, the equipment, materials and dual-use technologies, sources of radioactive radiation and isotope products.

2. To the agency on atomic energy of the Republic of Kazakhstan together with the Ministry of Justice, Ministry of Economics, the Ministry of Foreign Economic Relations, other interested ministries and departments of the Republic of Kazakhstan to prepare and provide offers on entering into the existing regulations of the changes and amendments following from this resolution to the Cabinet of Ministers of the Republic of Kazakhstan in a month.

3. To the ministries and departments of the Republic of Kazakhstan to bring departmental regulations into accord with this resolution.

Approved by the resolution of the Cabinet of Ministers of the Republic of Kazakhstan of March 9, 1993 No. 183

REGULATIONS on export and import of nuclear materials, technologies, equipment, installations, special non-nuclear materials, equipment, materials and dual-use technologies, sources of radioactive radiation and isotope products

1. This Provision regulates export from the Republic of Kazakhstan and import to the Republic of Kazakhstan of the nuclear materials, technologies, the equipment, installations and special non-nuclear materials used for production of nuclear materials, the equipment, materials and dual-use technologies, and also sources of radioactive radiation, including radioactive waste, and isotope products (the radioactive and artificially received stable isotopes) relating to all goods entering line items 2612, of 2844, 2845 and 8401 Commodity nomenclatures of foreign economic activity.

Import because of limits of the Republic of Kazakhstan and export from the Republic of Kazakhstan of nuclear materials, technologies, the equipment, installations, special non-nuclear materials, the equipment, materials and dual-use technologies are hereinafter referred to as nuclear import and nuclear export.

This Provision extends to the list of the nuclear materials, technologies, the equipment, installations and special non-nuclear materials used for production of the nuclear materials, the equipment, materials and dual-use technologies specified in appendices No. 1 and 2 to this Provision in terms and determinations of International Atomic Energy Agency (IAEA).

2. The nuclear export and nuclear import regulated by this Provision are performed within the quotas established by Ministry of Economics of the Republic of Kazakhstan according to the licenses granted by the Ministry of Foreign Economic Relations of the Republic of Kazakhstan based on the statements of the established sample which are previously approved with the Agency on atomic energy of the Republic of Kazakhstan. Licenses are granted to the legal entities having permissions of the Agency on atomic energy of the Republic of Kazakhstan on carrying out certain type of activity in the field of use of atomic energy including production, use, storage or transportation of the corresponding materials.

3. For review statements on issue of licenses for nuclear export submission to the Agency on atomic energy of the Republic of Kazakhstan of the following documents is necessary:

a) the objects of nuclear export specifying the manufacturer, and for nuclear materials and sources radioactive izlucheniyapodtverzhdayushchy its right to the related productive activity;

b) the objects of nuclear export confirming transfer from the manufacturer of products to the applicant of the license and lack of restrictions from the manufacturer for their delivery abroad;

c) when exporting nuclear materials and sources of radioactive radiation - confirming the applicant's right to the related activity according to the treatment of them;

d) the initialed contract (agreement) on transfer of objects of nuclear export to the country receiver;

e) the conditions confirming accomplishment in Items 4-7 (below).

4. Nuclear export from the Republic of Kazakhstan is performed according to provisions of the Nuclear Non-Proliferation Treaty and other international treaties, agreements and arrangements in which the Republic of Kazakhstan participates.

5. Nuclear export to the countries which do not have nuclear weapon can be performed in the presence of assurances from competent state bodies of such countries that the objects of nuclear export received by them, and also the nuclear and special non-nuclear materials made on their basis or as a result of their use, installations and the equipment:

a) will not be used for production of nuclear weapon and other nuclear destructive devices or for achievement of any military purpose;

b) will be under control (guarantees) of IAEA during all term of their actual use according to safeguards agreements between the country receiver and IAEA;

c) will be provided with measures of physical protection at the levels, not below recommended to IAEA;

d) will be re-exported (to be exported) or be transferred from under country receiver jurisdiction only on the conditions provided in this Item; in case of uranium with enrichment it is higher than 20 percent, plutonium or heavy water re-export or transfer actually of objects of nuclear export will be made only in the presence of written consent of the Agency on atomic energy of the Republic of Kazakhstan.

6. Assurances, stipulated in Item the 5th this provision, shall be drawn up by state bodies of the countries receivers by confirmation of such obligations by them in connection with specific deliveries from the Republic of Kazakhstan or by the reference to their obligations according to the existing multi-lateral or bilateral agreements, agreements and other contractual legal acts which participants is the country receiver and the Republic of Kazakhstan. Compliance of these assurances to the obligations specified in Item 5 (above) is established by the Agency on atomic energy of the Republic of Kazakhstan in coordination with the Ministry of Foreign Affairs of the Republic of Kazakhstan. Such assurances are not required concerning supply of the nuclear and special non-nuclear materials specified in appendix No. 3 to this Provision.

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