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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of March 11, 2014 No. 209

About approval of Rules of issue of permissions to numerous crossing of Frontier of the Republic of Kazakhstan by the Kazakhstan courts for conducting trade activities in territorial waters (sea), internal waters and on the continental shelf, spatial and temporary limits of action of permissions, and also Rules of control of the specified courts

(In edition of the Order of the Government of the Republic of Kazakhstan of 11.02.2019 No. 50)

According to the subitem 12) of article 55 of the Law of the Republic of Kazakhstan of January 16, 2013 "About Frontier of the Republic of Kazakhstan" the Government of the Republic of Kazakhstan DECIDES:

1. Approve enclosed:

1) Rules of issue of permissions to numerous crossing of Frontier of the Republic of Kazakhstan by the Kazakhstan courts for conducting trade activities in territorial waters (sea), internal waters and on the continental shelf, spatial and temporary limits of action of permissions;

2) Rules of control of the Kazakhstan courts conducting trade activities in territorial waters (sea), internal waters and on the continental shelf of the Republic of Kazakhstan.

2. This resolution becomes effective after ten calendar days after day of its first official publication.

Prime Minister of the Republic of Kazakhstan

S. Akhmetov

Approved by the Order of the Government of the Republic of Kazakhstan of March 11, 2014 No. 209

Rules of issue of permissions to numerous crossing of Frontier of the Republic of Kazakhstan by the Kazakhstan courts for conducting trade activities in territorial waters (sea), internal waters and on the continental shelf, spatial and temporary limits of action of permissions

1. General provisions

1. These rules of issue of permissions to numerous crossing of Frontier of the Republic of Kazakhstan by the Kazakhstan courts for conducting trade activities in territorial waters (sea), internal waters and on the continental shelf, spatial and temporary limits of action of permissions (further - Rules) determine procedure for issue of permissions to numerous crossing of Frontier of the Republic of Kazakhstan by the Kazakhstan courts for conducting trade activities in territorial waters (sea), internal waters and on the continental shelf of the Republic of Kazakhstan (further - permissions), spatial and temporary limits of their action.

2. These rules extend to the Kazakhstan vessels performing trade activities which purpose is the product delivery (objects) of trade for realization or production of fish and other products in the territory of the Republic of Kazakhstan without overload of products (objects) of trade on foreign vessels, and also on the Kazakhstan vessels concerning which border control is exercised (further - the Kazakhstan vessels).

2. Procedure for issue of permissions

3. For receipt of permissions the legal entity or the individual entrepreneur (further - the initiator) represent in electronic format through the web portal of "the electronic government" (further - the portal) to the Border service of Committee of homeland security of the Republic of Kazakhstan (further - the Border service) the following documents:

1) the statement for issue of permission (further - the statement) in form, according to appendix 1 to Rules, with appendix to it of the muster roll constituted by the captain (owner) of the Kazakhstan vessel;

2) the copy of the certificate on the property right to the Kazakhstan vessel or the copy of the lease agreement of the Kazakhstan vessel (for ocean ships);

3) the copy of the certificate on the swimming right under National flag of the Republic of Kazakhstan (for ocean ships);

4) copy of permission to use of fauna;

5) copies of work permits for foreigners and stateless persons;

6) the copy of the ship certificate (for the courts registered in the State ship register of the Republic of Kazakhstan).

4. The term of consideration of the application and issue by the Border service through the portal of permission in form, according to appendix 2 to Rules, constitutes no more than fifteen working days from the moment of introduction of the statement by the initiator.

5. The bases for refusal in issue of permission are:

1) submission of the documents specified in Item 3 of Rules, not in full or availability in them unreliable or incomplete information;

2) lack of need for numerous crossing of Frontier of the Republic of Kazakhstan by the Kazakhstan vessel when conducting trade activities if the area (areas) of trade specified in the statement is in limits of territorial waters (sea), internal waters of the Republic of Kazakhstan.

6. In the presence of the bases specified in Item 5 of Rules, the Border service within two working days draws up written motivated refusal in form according to appendix 3 to Rules.

Repeated submission of the statement by initiators is performed after elimination of notes.

7. Permission is issued on effective period of permission to use of fauna, but cannot exceed effective period of the documents specified in subitems 2) and 5) of Item 3 of Rules.

Permission is effective within the area (areas) of the trade specified in permission.

8. The issued permission is at the captain (owner) of the Kazakhstan vessel during conducting trade during all term of its action.

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