ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 2, 2016 No. 759

About approval of Rules of control of the Kazakhstan and foreign vessels and the Kazakhstan air vehicles involved in transactions on subsurface use and ensuring transactions on subsurface use

According to subitem 12-1) 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 the enclosed Rules of control of the Kazakhstan and foreign vessels and the Kazakhstan air vehicles involved in transactions on subsurface use and ensuring transactions on subsurface use.

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

Approved by the Order of the Government of the Republic of Kazakhstan of December 2, 2016 No. 759

Rules of control of the Kazakhstan and foreign vessels and the Kazakhstan air vehicles involved in transactions on subsurface use and ensuring transactions on subsurface use

Chapter 1. General provisions

1. These rules of control of the Kazakhstan and foreign vessels and the Kazakhstan air vehicles involved in transactions on subsurface use and ensuring transactions on subsurface use (further - Rules) are developed according to subitem 12-1) of article 55 of the Law of the Republic of Kazakhstan of January 16, 2013 "About Frontier of the Republic of Kazakhstan" (further - the Law) and determine procedure of control of the Kazakhstan and foreign vessels (further - vessels) and the Kazakhstan air vehicles (further - air vehicles) involved in transactions on subsurface use and ensuring transactions on subsurface use is exclusive regarding observance by the specified courts of conditions of permissions to numerous crossing of Frontier of the Republic of Kazakhstan (further - permission), issued to them by the Border service of Committee of homeland security of the Republic of Kazakhstan (further - the Border service) according to approval procedure on numerous crossing of Frontier of the Republic of Kazakhstan by the Kazakhstan and foreign vessels and the Kazakhstan air vehicles involved in transactions on subsurface use and ensuring transactions on subsurface use, the approved Government of the Republic of Kazakhstan according to subitem 12-1) of article 55 of the Law.

2. Control concerning the courts which got permission is exercised by the Border service.

Control concerning the air vehicles which got permission is exercised by the Border service together with Armed Forces of the Republic of Kazakhstan.

According to the subitem 1) of Item 1 of article 70 of the Law of Force of air defense of Armed Forces of the Republic of Kazakhstan exercise control of observance of procedure for crossing of Frontier of the Republic of Kazakhstan in case of protection of Frontier of the Republic of Kazakhstan in airspace.

3. The passengers transported by the vessels and air vehicles involved in transactions on subsurface use and ensuring transactions on subsurface use undergo control according to the passenger manifest provided by the individual entrepreneur or the legal entity, branch, representation on which the service employee of the Border service does mark about control passing.

4. The loads and goods transported by the vessels and air vehicles involved in transactions on subsurface use and ensuring transactions on subsurface use are imported on the territory of the Republic of Kazakhstan according to the customs legislation of the Eurasian Economic Union and the customs legislation of the Republic of Kazakhstan.

Moving to water space of the Kazakhstan sector of the Caspian Sea of the loads and goods imported on the territory of the Republic of Kazakhstan with observance of requirements of the customs legislation of the Eurasian Economic Union and the Republic of Kazakhstan from the territory of the Republic of Kazakhstan is performed without customs control.

Chapter 2. Procedure of control of the courts involved in transactions on subsurface use and ensuring transactions on subsurface use

5. Before vessel exit from port (stationing site), the sea check point or other place where the omission through Frontier of the Republic of Kazakhstan, in water space of the Kazakhstan sector of the Caspian Sea, but not later than four hours is performed, the individual entrepreneur or the legal entity, branch, representation planning vessel exit in water space of the Kazakhstan sector of the Caspian Sea, or the ship master (the log assistant to the captain) orally on any communicating device notify territorial subdivision of the Border service on which site of responsibility there is port (stationing site), the sea check point or other place where the omission through Frontier of the Republic of Kazakhstan is performed, about readiness of exit of the vessel and specify vessel rout to follow in case of change of the travel line declared in case of submission of documents on issue of permission.

6. On arrival on the vessel service employees of the Border service will organize observation of the vessel and its survey. The ship master (the log assistant to the captain) represents to service employees of the Border service permission, the structure of boat team assured by the chief of territorial subdivision of the Border service, the passenger manifest of the vessel and identity documents of crew members of the vessel and passengers. Service employees of the Border service, having checked documents regarding reliability of the data containing in them and correctness of their registration, return them to the ship master (the log assistant to the captain).

7. Service employees of the Border service also check availability of the following documents:

1) certificates on the right of navigation of the vessel under National flag of the Republic of Kazakhstan or the permission to operate of the vessel, flying the flag foreign state, in the Kazakhstan sector of the Caspian Sea;

2) logbook;

3) safety certificates of the vessel on the equipment and supply.

8. Service employees of the Border service conduct oral survey of the captain (the log assistant to the captain) and crew members of the vessel, and also examination of the vessel together with the captain (the log assistant to the captain).

9. Upon completion of control the service employee of the Border service does marks in permission. About results of the held events the service employee of the Border service on communicating device transfers information to territorial subdivision of the Border service.

10. Exit of courts in water space of the Kazakhstan sector of the Caspian Sea is performed from ports (stationing sites), the sea check point or other place where the omission through Frontier of the Republic of Kazakhstan, after completion of control on the vessel by service employees of territorial subdivision of the Border service is performed.

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