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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of October 16, 2014 No. 1102

About approval of Rules and requirements to carrying out examination of the passengers and persons visiting objects of transport infrastructure, the things which are in case of them including hand luggage and baggage

According to Item 1 of article 24-1 of the Law of the Republic of Kazakhstan of September 21, 1994 "About transport in the Republic of Kazakhstan" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules and requirements to carrying out examination of the passengers and persons visiting objects of transport infrastructure, the things which are in case of them including hand luggage and baggage.

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

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of October 16, 2014 No. 1102

Rules and requirements to carrying out examination of the passengers and persons visiting objects of transport infrastructure, the things which are in case of them including hand luggage and baggage

1. General provisions

1. These rules and requirements to carrying out examination of the passengers and persons visiting objects of transport infrastructure, the things which are in case of them including hand luggage and baggage (further - Rules) are developed according to article 24-1 of the Law of the Republic of Kazakhstan of September 21, 1994 "About transport in the Republic of Kazakhstan".

Rules determine procedure and requirements of carrying out examination of the passengers and persons visiting objects of transport infrastructure (further - visitors), the things which are in case of them, including hand luggage and baggage, except for the list of persons concerning whom examination is not made, established by the Government of the Republic of Kazakhstan.

These rules do not extend to carrying out examination of passengers and visitors, the things which are in case of them, including hand luggage and baggage, on objects of transport infrastructure in the field of civil aviation which procedure for carrying out is regulated by the legislation of the Republic of Kazakhstan in the field of use of airspace of the Republic of Kazakhstan and activities of aircraft.

The purpose of examination are ensuring anti-terrorist protection and observance of due level of safety of objects of transport infrastructure, passengers and visitors.

Examination of passengers and visitors, the things which are in case of them, including hand luggage and baggage, is performed for prevention of illegal bringing of the substances and objects established by the list of the substances and objects prohibited to bringing on objects of transport infrastructure, the approved Government of the Republic of Kazakhstan.

Examination is understood as inspection, including by application of technical or other means, for the purpose of identification and/or detection of the substances and objects prohibited to bringing on objects of transport infrastructure.

2. Examination is carried out by workers of the subject of transport activities or workers of the subject of security activities in case of the conclusion of the agreement for rendering security services.

3. The organization of examination of the passengers and persons visiting objects of transport infrastructure, the things which are in case of them including hand luggage and baggage, is assigned to subjects of transport activities.

4. Lists of objects of transport infrastructure on which examination is made are established by the Government of the Republic of Kazakhstan.

5. Passengers and visitors, the things which are in case of them including hand luggage and baggage, are subject to examination depending on the level of threat established by the Rules of the organization and functioning of the state monitoring system of information and the notification of the population about emergence of threat of the act of terrorism approved by the Presidential decree of the Republic of Kazakhstan of August 9, 2013 No. 611 (further - the Decree).

Diplomatic mail is not subject to examination. All places constituting diplomatic mail shall have the visible external signs specifying their nature.

6. According to Chapter 4 of the Decree in all territory or the territory of regions and settlements of the Republic of Kazakhstan the following levels of terrorist danger can be established:

moderate ("yellow") - in the presence of information on real possibility of making of the act (acts) of terrorism requiring confirmation;

high ("orange") - in the presence of the confirmed information on real possibility of making of the act (acts) of terrorism;

critical ("red") - in the presence of information about assassinated, and also the confirmed information on possible making of the repeated act (acts) of terrorism or simultaneous terrorist attacks on objects, vulnerable in the terrorist relation.

7. Data on condition of the organization of examination on object of transport infrastructure are office information of limited distribution.

2. Procedure for carrying out examination

8. Moderate ("yellow") level of threat appears in cases when it is not announced any of levels of threats of terrorist danger or, selective examination of passengers and visitors, the things which are in case of them including hand luggage and baggage is made.

The principle of selective examination is applied to passengers and visitors, the things which are in case of them including the hand luggage and baggage causing suspicion in workers of Item of examination on objects of transport infrastructure irrespective of detection by technical means of examination of contours and other signs of possible finding of the substances and objects prohibited to bringing on objects of transport infrastructure.

The examination Item in these rules is understood as specially equipped places for carrying out examination of passengers and visitors, the things which are in case of them including hand luggage and baggage.

9. In case of the announcement of high ("orange") and critical ("red") level of threat to examination all passengers and visitors, the things which are in case of them including hand luggage and baggage are subject.

10. Persons making examination shall be attentive and polite concerning passengers and visitors and not to allow the actions degrading their advantage.

11. Examination of passengers or visitors with disability is performed out of turn.

12. Functions of workers of the subject of transport activities or workers of the subject of security activities (further - workers of examination) in Item of examination are distributed in the following procedure:

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