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ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of April 30, 2015 No. 563

About approval of standards of the state services in the field of the industry and export control

(as amended on 30-07-2019)

According to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" I ORDER:

1. Approve:

1) the standard of the state service "Licensing for Implementation of Activities for Development, Production, Acquisition, Realization, Storage Explosive and Pyrotechnic (Except for Civil) Substances and Products with Their Application" according to appendix 1 to this order;

2) the standard of the state service "Licensing for Implementation of Activities for Operation of Mining and Chemical Productions" according to appendix 2 to this order;

3)  No. 465 is excluded according to the Order of the Minister of investments and development of the Republic of Kazakhstan of 12.07.2017;

4) the standard of the state service "Issue of Permission to Transit of Products Which Are Subject to Export Control" according to appendix 4 to this order;

5) the standard of the state service "Licensing for Implementation of Activities for Production, Conversion, Acquisition, Storage, Realization, Use, Destruction of Poisons" according to appendix 5 to this order;

6) the standard of the state service "Licensing for Import and (or) Export of Separate Types of Goods" according to appendix 6 to this order;

7) the standard of the state service "Licensing for Export and Import of Products Which Are Subject to Export Control" according to appendix 7 to this order;

8) the standard of the state service "Issue of Permission to Conversion of Products out of the Territory of the Republic of Kazakhstan" according to appendix 8 to this order;

9) the standard of the state service "Issue of Permission to Re-export of Products Which Are Subject to Export Control" according to appendix 9 to this order;

10) the standard of the state service "Issue of the Warranty Obligation (End-user Certificate)" according to appendix 10 to this order;

11) the standard of the state service "Issue of the Conclusion about Reference of Goods, Technologies, Works, Services, Information to Products Which Are Subject to Export Control" according to appendix 11 to this order.

2. To committee of industrial development and industrial safety of the Ministry for Investments and Development of the Republic of Kazakhstan (Erzhanov A. K.) provide:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan, the direction it the copy on official publication in periodic printing editions and in information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan and on the intranet portal of state bodies;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan provision in Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of Item 2 of this order.

3. To impose control of execution of this order on the supervising vice-minister of investments and development of the Republic of Kazakhstan.

4. This order becomes effective after twenty one calendar days after day of its first official publication.

Minister of investments and development of the Republic of Kazakhstan

A. Isekeshev

It is approved

Minister of national economy of the Republic of Kazakhstan

June 11, 2015

 

__________________ E.Dosayev

Appendix 1

to the Order of the Minister of investments and development of the Republic of Kazakhstan of April 30, 2015 No. 563

Standard of the state service "Licensing for Implementation of Activities for Development, Production, Acquisition, Realization, Storage Explosive and Pyrotechnic (Except for Civil) Substances and Products with Their Application"

Chapter 1. General provisions

1. The state service "Licensing for Implementation of Activities for Development, Production, Acquisition, Realization, Storage Explosive and Pyrotechnic (Except for Civil) Substances and Products with Their Application" (further - the state service).

2. The standard of the state service is developed by the Ministry of the industry and infrastructure development of the Republic of Kazakhstan (further - the Ministry).

3. The state service appears Committee of industrial development and industrial safety of the Ministry (further - the service provider).

Reception of an application and issue of result of rendering the state service is performed through the web portal of "the electronic government" www.egov.kz, www.elicense.kz (further - the portal).

Chapter 2. Procedure for rendering the state service

4. The term of rendering the state service from the moment of delivery of document package on the portal:

1) when licensing and (or) appendices to the license - 10 (ten) working days;

2) in case of renewal of the license and (or) appendix to the license - 3 (three) working days;

3) in case of renewal of the license and (or) appendix to the license in case of reorganization of uslugopoluchatel in the form of allocation or separation - 10 (ten) working days.

The service provider within 2 (two) working days from the moment of receipt of documents of uslugopoluchatel checks completeness of the submitted documents.

In case of factual determination of incompleteness of the submitted documents the service provider within the specified terms gives motivated refusal in further review of the statement.

5. Form of rendering the state service - electronic.

6. Result of rendering the state service - the license and (or) appendix to the license, the renewed license and (or) appendix to the license, the duplicate of the license and (or) appendix to license for activities on development, production, acquisition, realization, storage explosive and pyrotechnic (except for civil) substances and products with their application or the written motivated answer about refusal in rendering the state service in cases and on the bases, stipulated in Item 10 these standards of the state service.

Form of provision of result of rendering the state service: electronic.

The result of the state service goes to "personal account" in electronic form, certified by the digital signature (further - the EDS) the authorized person of the service provider.

7. The state service is rendered on paid basis to physical persons and legal entities (further - uslugopoluchatel). When rendering the state service in the budget for the location of uslugopoluchatel the license fee is paid for the occupation right by separate types of activity:

1) when licensing for the occupation right this type of activity - 22 monthly settlement indicators (further - MRP);

2) for renewal of the license - 10% of rate when licensing.

Payment of the license fee is performed in cash and non-cash form through the banks of the second level and the organization performing separate types of banking activities.

Payment can be performed through payment gateway of "the electronic government" (further - PShEP) or through banks of the second level.

8. The working schedule of the portal - round the clock, except for technical breaks in connection with carrying out repair work (in case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan, reception of an application and issue of result of rendering the state service is performed the next working afternoon).

The state service, appears in turn without making an appointment and the accelerated servicing.

9. List of the documents necessary for rendering the state service:

1) for receipt of the license:

the statement for the legal entity or physical person according to appendices 1 and 2 to this standard of the state service in electronic form certified by the EDS of uslugopoluchatel;

the data confirming payment in the budget of the license fee for the occupation right with separate types of activity, except as specified payments through PShEP;

form of data on compliance to qualification requirements according to appendix 3 to this standard of the state service;

2) for receipt of appendix to the license:

the statement for the legal entity or physical person according to appendices 1 and 2 to this standard of the state service in electronic form certified by the EDS of uslugopoluchatel;

form of data on compliance to qualification requirements according to appendix 3 to this standard of the state service;

3) for renewal of the license and (or) appendix to the license:

the statement for the legal entity or physical person according to appendices 4 and 5 to this standard of the state service in electronic form certified by the EDS of uslugopoluchatel;

the data confirming payment of the license fee for renewal of the license, except for payments through PShEP;

the electronic copy of the documents containing information on changes, which formed the basis for renewal of the license and (or) appendix to the license, except for documents from which information contains in the state information systems.

The service provider receives data on the identity document, on state registration (re-registration) of the legal entity, the individual entrepreneur, on payment through PShEP from the corresponding state information systems through lock of "the electronic government".

When giving the uslugopoluchatel of all necessary documents through the portal in "personal account" of uslugopoluchatel displays the status about acceptance of request for rendering the state service with indication of the date of receipt of result of the state service.

10. The bases for refusal in rendering the state service:

1) documents, stipulated in Item 9 these standards of the state service are not submitted;

2) unauthenticity of the documents submitted by the applicant for receipt of the license, and (or) these (data) containing in them is established;

3) occupation type of activity is forbidden by the laws of the Republic of Kazakhstan for this category of physical persons or legal entities;

4) the license fee is not brought;

5) the uslugopoluchatel does not conform to qualification requirements;

6) the service provider receives the answer from the relevant approving state body about discrepancy of uslugopoluchatel to requirements imposed when licensing;

7) concerning uslugopoluchatel there is decision (sentence) of court on suspension or prohibition of activities or the separate types of activity which are subject to licensing took legal effect;

8) court based on representation of the legal executive the uslugopoluchatelyu-debtor is temporarily forbidden to grant the license.

Chapter 3. Procedure for appeal of decisions, actions (failure to act) of service providers and (or) their officials concerning rendering the state services

11. Appeal of decisions, actions (failure to act) of the service provider and (or) his officials concerning rendering the state services: the claim is submitted addressed to the head of the service provider, or addressed to the head of the Ministry of the address: 010000, Nour-Sultan's city, Prospekt Kabangbai Batyr, 32/1.

The claim is submitted in writing by mail, purposely through offices of the service provider or the Ministry, or through the portal of uslugopoluchatel from "personal account".

In the claim the uslugopoluchatel enters its surname, name, middle name, the postal address, reference number and date. The claim shall be signed by uslugopoluchatel.

Confirmation of adoption of the claim is its registration (stamp, the entering number and date) in office of the service provider or the Ministry, with indication of surname and initials of person which accepted the claim, term and the place of receipt of the answer to the made complaint.

The motivated answer about results of consideration of the claim goes to uslugopoluchatel by means of mail service or is issued purposely in office of the service provider or the Ministry.

In case of the address through the portal information on procedure for appeal can be obtained by phone single contact center concerning rendering the state services: 1414, 8 800 080 7777.

When sending the claim through the portal information on the address which is updated during processing of the address by the service provider is available to uslugopoluchatel from "personal account" (mark about delivery, registration, execution, the answer about consideration or refusal in consideration).

The claim of uslugopoluchatel which arrived to the service provider or the Ministry is subject to consideration within 5 (five) working days from the date of its registration.

In case of disagreement with results of the rendered state service the uslugopoluchatel can address with the claim to authorized body by assessment and control of quality of rendering the state services.

The claim of uslugopoluchatel which arrived to authorized body by assessment and control of quality of rendering the state services is subject to consideration within 15 (fifteen) working days from the date of its registration.

In the claim of the legal entity its name, the postal address, reference number and date is specified. The appeal shall be signed by uslugopoluchatel.

12. In disagreement cases with results of the rendered state service, the uslugopoluchatel takes a legal action in the procedure established by the legislation of the Republic of Kazakhstan.

Chapter 4. Other requirements taking into account features of rendering the state service rendered electronically

13. Addresses of places of rendering the state service are placed on Internet resources:

1) the Ministries - www.miid.gov.kz;

2) the service provider - www.comprom.miid.gov.kz, the Section "State Services".

14. Uslugopoluchatel has possibility of receipt of the state service electronically through the portal on condition of EDS availability.

15. Uslugopoluchatel has possibility of receipt of information on procedure and the status of rendering the state service in the mode of remote access by means of portal "personal account", and also single contact center concerning rendering the state services.

16. Phone of Single contact center concerning rendering the state services: 1414, 8 800 080 7777.

Appendix 1

to the Standard of the state service "Licensing for Implementation of Activities for Development, Production, Acquisition, Realization, Storage Explosive and Pyrotechnic (Except for Civil) Substances and Products with Their Application"

Form

The statement of the legal entity for receipt of the license and (or) appendix to the license

IN ______________________________________________________________________

                        (full name of uslugopoluchatel)

from ___________________________________________________________________________.

(full name, location, business and identification number of the legal entity

(including foreign legal entity), business and identification number of branch or

representations of the foreign legal entity - in case of lack of business and identification number at the legal entity)

I ask to grant the license and (or) appendix to the license for implementation

______________________________________________________________________________.

(specify full name of type of activity and (or) subspecies of activities)

Address of the legal entity

_____________________________________________________________________________.

the postal index, the country (for the foreign legal entity), the area, the city, the area inhabited

Item, name of the street, number of the house/building (stationary room)

E-mail _______________________________________________________.

____________________________________________________________________ phones.

________________________________________________________________________ fax.

Bank account _______________________________________________________________.

(account number, name and location of bank)

Address of object of implementation of activities or actions (transactions)

______________________________________________________________________________.

(postal index, area, city, area, settlement, name of the street, number of the house/building

(stationary room)

It is applied ______ sheets.

Proves to be true present that:

1) all specified data are official contacts and any information on questions of issue or refusal in licensing and (or) appendices to the license can be directed to them;

2) the uslugopoluchatel is not forbidden to be engaged in court in the licensed type and (or) subspecies of activities;

3) all enclosed documents are true and are valid;

4) he agrees to use of the personal data of limited access which are the secret protected by the law, containing in information systems.

______________________________________________________________________________

 (surname, name, middle name (in the presence), digital signature of the head of the organization

Appendix 2

to the Standard of the state service "Licensing for Implementation of Activities for Development, Production, Acquisition, Realization, Storage Explosive and Pyrotechnic (Except for Civil) Substances and Products with Their Application"

Form

The statement of physical person for receipt of the license and (or) appendix to the license

IN _____________________________________________________________________.

                             (full name of the service provider)

from __________________________________________________________________________.

(surname name middle name (in case of availability) physical person, individual identification number)

I ask to grant the license and (or) appendix to the license for implementation

____________________________________________________________________________.

(specify full name of type of activity and (or) subspecies of activities)

Residential address of physical person

____________________________________________________________________________.

(postal index, area, city, area, settlement, name of the street, number of the house/building)

E-mail _______________________________________________________.

______________________________________________________________ phones.

__________________________________________________________________ fax.

Bank account ________________________________________________________.

                            (account number, name and location of bank)

Address of object of implementation of activities or actions (transactions)

______________________________________________________________________________.

(postal index, area, city, area, settlement, name of the street,

                     number of the house/building (stationary room)

It is applied _____ sheets.

Proves to be true present that:

1) all specified data are official contacts and any information on questions of issue or refusal in licensing and (or) appendices to the license can be directed to them;

2) the uslugopoluchatel is not forbidden to be engaged in court in the licensed type and (or) subspecies of activities;

3) all enclosed documents are true and are valid;

4) he agrees to use of the personal data of limited access which are the secret protected by the law, containing in information systems.

________________________________________________________________________________

            (surname, name, middle name (in the presence), digital signature

Appendix 3

to the Standard of the state service "Licensing for Implementation of Activities for Development, Production, Acquisition, Realization, Storage Explosive and Pyrotechnic (Except for Civil) Substances and Products with Their Application"

Form

Data to qualification requirements for implementation of activities for development, production, acquisition, realization, storage explosive and pyrotechnic (except for civil) substances and products with their application and to the list of the documents confirming compliance to them

1. For subspecies of activities for development explosive and pyrotechnic (except for civil) substances and products with their application availability:

1) at the head or the deputy manager of the legal entity, including the head or the deputy manager of its branch, and also the physical person performing the licensed type of activity, the higher technical education, the single book of the blaster:

surname, name, middle name (in case of its availability) _______________________________;

position __________________________________________________________;

number and date of the order on appointment _____________________________________;

specialty by training _________________________________________;

number and date of issue of the diploma about the higher technical education __________;

the name of the higher educational institution which issued the diploma _____________;

number and date of issue of the single book of the blaster __________________________;

the name of the organization which issued the single book of the blaster ___________;

2) the qualified specialists having the corresponding technical education, the single book of the blaster, length of service at least one year in the specialty, who underwent training and examination of rules of industrial safety in the relevant educational organization certified by authorized body in the field of industrial safety:

surname, name, middle name (in case of its availability) _______________________________;

должность___________________________________________________________;

number and signature date of the order on appointment ___________________________;

length of service in the specialty _________________________________________;

specialty by training _________________________________________;

number and date of issue of the diploma about technical education __________________;

the name of the educational institution which issued the diploma _____________________;

number and date of issue of the single book of the blaster __________________________;

the name of the organization which issued the single book of the blaster ___________;

number and date of issue of the certificate or protocol on training and examination of rules of industrial safety _____________________;

the name of the organization which issued the certificate or the protocol on training and examination of rules of industrial

безопасности________________________________________________________;

3) the technological base on the property right or other legal cause fenced, isolated, located on the safe distance provided by the existing standard rates from residential and production facilities, the industrial safety meeting the requirements and including:

specialized factory building ___________________________;

specially equipped warehouse ______________________________________;

the office for accommodation of the working personnel _____________;

cadastral number of real estate (location) ____________;

agreement number and signature date of the agreement, if on other legal cause

___________________________________________________________________;

the name of the organization with which the agreement is signed

___________________________________________________________________;

information on availability of barrier, isolation, distance from residential and production facilities, in meters

_________________________________________________________________________;

4) the organization of the instruction for safe works on advanced development approved by the head explosive and pyrotechnic (except for civil) substances and products with their application:

information on availability of the organization of the instruction for safe works on advanced development approved by the head explosive and pyrotechnic (except for civil) substances and products with their application

_________________________________________________________________________;

5) the contract for protection of technological base with use of firearms signed with the subject of security activities:

number and signature date of the contract for protection of technological base

_________________________________________________________________________;

the name and BIN of the subject of security activities with which the agreement (for the private security organization license number and date of issue) _____________________________________________________________ is signed.

2. For subspecies of activities for production explosive and pyrotechnic (except for civil) substances and products with their application availability:

1) at the head or the deputy manager of the legal entity, including the head or the deputy manager of its branch, and also the physical person performing the licensed type of activity, the higher technical education, the single book of the blaster:

surname, name, middle name (in case of its availability) _______________________________;

должность___________________________________________________________;

number and date of the order on appointment _____________________________________;

specialty by training _________________________________________;

number and date of issue of the diploma about the higher technical education ___________;

the name of the higher educational institution which issued the diploma _____________;

number and date of issue of the single book of the blaster __________________________;

the name of the organization which issued the single book of the blaster ___________;

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