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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 31, 2015 No. 1178

About approval of Rules of establishment of withdrawals from national treatment when implementing public procurements

(In edition of the Order of the Government of the Republic of Kazakhstan of 06.05.2019 No. 260)

According to Item 3 of article 14 of the Law of the Republic of Kazakhstan of December 4, 2015 "About public procurements" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of establishment of withdrawals from national treatment when implementing public procurements.

2. This resolution becomes effective since January 1, 2016 and is subject to official publication.

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of December 31, 2015 No. 1178

Rules of establishment of withdrawals from national treatment when implementing public procurements

1. General provisions

1. These rules are developed according to article 14 of the Law of the Republic of Kazakhstan of December 4, 2015 "About public procurements" (further - the Law).

2. These rules determine procedure for establishment of withdrawals from national treatment when implementing public procurements.

3. For the purposes of these rules the following concepts are used:

1) withdrawal from national treatment when implementing public procurements - the restriction of access for potential suppliers (contractors, collaborators) of other state members established by the act of the Government of one state member of the Eurasian Economic Union to participation in procedures of public procurements of specific goods (works, services) or restriction of access to the public procurements conducted in certain industries of economy;

2) authorized body in the sphere of public procurements (further - authorized body) - the state body performing management in the sphere of public procurements.

2. Procedure for establishment of withdrawals from national treatment when implementing public procurements

4. The government of the Republic of Kazakhstan has the right to establish withdrawals from national treatment when implementing public procurements for the term of no more than two years.

5. Withdrawals from national treatment when implementing public procurements can be established for:

1) protection of bases of the constitutional system;

2) ensuring defense of the country and safety of the state;

3) protection of the domestic market;

4) developments of national economy;

5) supports of domestic producers.

6. The state body in need of establishment of withdrawal from national treatment when implementing public procurements within the competence develops the draft of the order of the Government of the Republic of Kazakhstan establishing withdrawal from national treatment (further - the draft of the resolution).

7. The authorized body approves the draft of the resolution developed by the state body developer before its entering into the Government after its coordination with all interested state bodies.

8. The state body developer of the draft of the resolution establishing withdrawal from national treatment when implementing public procurements when entering into Prime minister's department of the Republic of Kazakhstan and coordination with other state bodies represents:

1) draft of the resolution;

2) reasons for need of establishment of withdrawal from national treatment when implementing public procurements in form according to appendix 1 to these rules:

3)  No. 260 is excluded according to the Order of the Government of the Republic of Kazakhstan of 06.05.2019;

4) other documents (materials) and data which can be reasons for need of establishment of withdrawal from national treatment when implementing public procurements, including the conclusion of authorized body about observance of procedures of the analysis of regulatory impact by regulatory state agencies if concerning such draft of the resolution the procedure of the analysis of regulatory impact is provided;

5) the list of the indicators and data represented for reasons for need of adoption of the draft of the resolution in form according to appendix 2 to these rules.

9. The state body developer after coordination of the draft of the resolution with state bodies brings it in the Government of the Republic of Kazakhstan according to the procedure, established by the Regulations of the Government of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of December 10, 2002 No. 1300.

3. The notification procedure about establishment of withdrawals from national treatment

9. The authorized body beforehand, but no later than fifteen calendar days before acceptance date of the act of establishment of withdrawals sends the notification and the list of documents, stipulated in Item 8 these rules, to the Euroasian economic commission and each of state members of the Eurasian Economic Union.

10. If the Euroasian economic commission requests other data, not stipulated in Item 8 these rules from authorized body, the authorized body within one working day sends the specified inquiry to the state body developer.

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