of June 22, 2009 No. 962
About approval of Rules of swimming and production of economic, research, prospecting and trade works in territorial waters (sea)
(as of March 19, 2010)
According to article 36 of the Water code of the Republic of Kazakhstan of July 9, 2003 the Government of the Republic of Kazakhstan DECIDES:
1. Approve the enclosed Rules of swimming and production of economic, research, prospecting and trade works in territorial waters (sea).
2. This resolution becomes effective after ten calendar days after the first official publication.
Prime Minister
Republic of Kazakhstan K. Masimov
Approved by the order of the Government of the Republic of Kazakhstan of June 22, 2009 No. 962
2. These rules extend to all vessels, irrespective of their accessory, the performing swimming and production of economic, research, prospecting and trade works in territorial waters (sea).
2-1. In these rules the following concepts are used:
1) production of research works, research activities - the activities connected with production of hydrographic, hydrological, hydrometeorological, hydrochemical and geophysical works and also researches of condition of flora, fauna of waters and bottom of the sea;
2) production of trade works, the trade deyatelnostlyuby work connected with catching and protection of fishes, other water animals and plants;
3) production of economic works, economic to deyatelnostvsa work types and the services performed in courts in territorial waters (sea);
4) production of prospecting works, prospecting activities - carrying out the geological works connected with studying of bottom and search of minerals.
3. Economic, research, prospecting and trade activity of foreign not public vessels and warships in territorial waters (sea) of the Republic of Kazakhstan is forbidden, except as specified established by the legislation of the Republic of Kazakhstan or international treaties of the Republic of Kazakhstan.
4. During the swimming and production of economic, research, prospecting and trade works within the water area of seaports and in action areas of services of traffic control of courts rules of swimming and the parking of courts in seaports of the Republic of Kazakhstan and on approaches to them are followed.
5. Document creation on exit (release) of the national and non-state courts, vehicles on ice from stationing sites, temporary accounting, content, and also the equipment of moorings, piers, stationing sites, the national and non-state courts, vehicles on ice is performed according to the legislation of the Republic of Kazakhstan and the mode of territorial waters (sea).
6. Storage and the parking of the national and non-state courts, vehicles on ice, landing and disembarkation of people, loading and unloading of loads out of the established piers, moorings, stationing sites and out of other places allocated for this purpose is forbidden, except for natural disasters, catastrophic crashes and accidents, to pilotage, and also in case of assistance to people, courts, the aircraft which are in danger or in distress.
7. Captains of ocean ships, do not allow illegal stay of persons on the national and non-state courts entrusted to them.
8. The state and non-state vessels, foreign not public vessels and warships when swimming in territorial waters (sea) adhere to the ways of movement provided with the navigation and hydrographic equipment.
9. The border service of Committee of homeland security of the Republic of Kazakhstan (further - the Border service) it can be recommended to leave immediately to foreign not public vessels or warships territorial waters (sea) if they do not observe the legislation of the Republic of Kazakhstan, international treaties and agreements concerning pass through territorial waters (sea) of the Republic of Kazakhstan.
10. The Kazakhstan and foreign not public vessels are subject to detention by the Border service in territorial waters (sea) in case of violation of the law of the Republic of Kazakhstan.
11. In case of detention of foreign not public vessels according to Item 10 of these rules, the Border service in accordance with the established procedure addresses to state bodies of foreign and internal affairs for taking measures according to the legislation of the Republic of Kazakhstan.
12. In territorial waters (sea) submarines and other underwater vehicles go in surfaced state and hoist the colors.
13. The state and non-state vessels, foreign not public vessels and warships do not allow collision of courts in territorial waters (sea) of the Republic of Kazakhstan.
14. Foreign not public vessels and warships with nuclear engines, and also the vessels transporting nuclear and others substances, dangerous or poisonous by the nature, when implementing pass through territorial waters (sea) have onboard documents and observe the special precautionary measures established for such courts by international agreements and agreements of the Republic of Kazakhstan.
15. Production of economic, research, prospecting and trade works in territorial waters (sea) is performed with the notification of the Border service.
Officials of authorized body in the field of protection, reproduction and use of fauna and especially protected natural territories, for accomplishment of the functional obligations perform exit on swimming and other vehicles in territorial waters (sea) without notice, according to the lists approved with the Border service. The list is approved within ten working days.
16. State bodies of the Republic of Kazakhstan and the international organizations which intend to conduct sea scientific research approve prospecting activities in territorial waters (sea) of the Republic of Kazakhstan with the Border service and provide to Service of hydrographic providing Naval forces of Armed Forces of the Republic of Kazakhstan at least in ten calendar days prior to expected works start date the complete information about:
1) nature and project objectives;
2) method and means which will be used, including the name, the tonnage, type and ships class and the description of the scientific equipment;
3) exact geographical areas in which the project will be carried out;
4) expected dates of the first arrival and final leaving of survey ships or in appropriate cases of placement and removal of the equipment;
5) the name of the organization under the auspices of which the project, the head and person responsible for the project is carried out.
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The document ceased to be valid since November 30, 2015 according to Item 1 of the Order of the Government of the Republic of Kazakhstan of October 31, 2015 No. 870