Article 1. The basic concepts used in this Law of the Law on Control of Specific Goods

Home / RLA / Article 1. The basic concepts used in this Law of the Law on Control of Specific Goods

The following basic concepts are used in this Law:

1) military goods – weapons, military equipment, technologies, software, technical and special tools, materials, production and testing equipment, components and spare parts for them specified in the checklist of specific goods;

2) comprehensive control – control of goods that are not included in the control list of specific goods;

3) weapons of mass destruction – chemical, bacteriological (biological), radiological, nuclear and toxin weapons;

4) delivery vehicles – missiles and unmanned aerial vehicles capable of delivering weapons of mass destruction, specified in the checklist of specific goods;

5) import – import of goods into the territory of the Republic of Kazakhstan;

6) guarantee obligation – a document containing an official certification of the recipient country, issued by its competent authority, on the use of imported goods for the stated purposes and the prevention of their transfer to third countries or third parties without the permission of the competent authority of the exporting country and (or) the country of origin;

7) re-export – the export of goods previously imported into the territory of the Republic of Kazakhstan, produced outside its borders;

8) commercial documents – documents used in carrying out foreign trade and other activities, as well as to confirm the execution of foreign economic transactions related to the movement of specific goods across the State border of the Republic of Kazakhstan (invoices, specifications, shipping (packing) sheets);

9) transport (shipping) documents – documents confirming the existence of a contract for the carriage of specific goods and accompanying them during such transportation (bill of lading, waybill);

10) goods controlled to ensure the national security of the Republic of Kazakhstan (hereinafter referred to as goods controlled to ensure national security) are goods specified in the checklist of specific goods that are not dual–use or military goods, controlled in the interests of national security in terms of preventing damage to national interests at the international level and political image Of the Republic of Kazakhstan, as well as ensuring the safety of life and health of citizens, countering terrorism and crime;

11) the international import certificate of the Republic of Kazakhstan is a document that contains confirmation from the authorized body that the importer undertakes to import goods and prevent their transfer to third countries or third parties without obtaining the appropriate permission from the exporting country and (or) the country of origin and the authorized body;

12) the end user certificate of the Republic of Kazakhstan is a document that contains confirmation from the authorized body that the end user undertakes to use the imported goods for the stated purposes and to prevent their transfer to third countries and third parties without obtaining the appropriate permission from the exporting country and (or) the country of origin and the authorized body;

13) dual–use goods - products (including software and technologies) specified in the checklist of specific goods that are used for civilian purposes, but can be used to create weapons of mass destruction and their means of delivery, weapons, military equipment;

14) specific goods – dual-use and military goods, as well as goods controlled to ensure national security;

15) control of specific goods — a set of measures established by this Law and other regulatory legal acts of the Republic of Kazakhstan to comply with the requirements of the legislation of the Republic of Kazakhstan in the field of control of specific goods and international obligations of the Republic of Kazakhstan;

16) the internal control system for specific goods is a set of organizational, administrative, informational and other measures carried out in order to comply with the requirements established by the legislation of the Republic of Kazakhstan in the field of control of specific goods and international obligations of the Republic of Kazakhstan;

17) state bodies of the system of control of specific goods – central state bodies of the Republic of Kazakhstan that control specific goods within the competence established by this Law and the legislation of the Republic of Kazakhstan;

18) identification of specific goods – identification of goods belonging to specific goods, including software and technologies;

19) checklist of specific goods (hereinafter referred to as the checklist) – a list of specific goods subject to control in accordance with this Law;

20) technical assistance – activities carried out by individuals and legal entities of the Republic of Kazakhstan outside the territory of the Republic of Kazakhstan for the repair, manufacture, assembly, testing, modernization and other maintenance of dual-use and (or) military goods, including consultations, instruction, training, exchange of work experience and skills;

21) transit – movement of goods through the territory of the Republic of Kazakhstan;

22) authorized body – the central executive body that carries out state regulation in the field of control of specific goods, as well as, within the limits provided for by the legislation of the Republic of Kazakhstan, intersectoral coordination;

23) foreign persons – individuals who are not citizens of the Republic of Kazakhstan and have proof of their citizenship of another state, as well as legal entities whose civil legal capacity is determined by the law of a foreign state;

24) extraterritorial intermediary services – activities carried out by individuals and legal entities of the Republic of Kazakhstan outside the territory of the Republic of Kazakhstan for negotiations or direct actions entailing transactions for the sale or purchase of dual-use and (or) military goods from one third country to another third country, as well as the sale, purchase, transportation of goods dual-use and (or) military purposes, owned or controlled by an intermediary, from one third country to another third country;

25) extraterritorial re–export - the export of non-processed specific goods produced in the Republic of Kazakhstan from the territory of another foreign state to third countries;

26) export – export of goods outside the territory of the Republic of Kazakhstan, as well as transfer of software and technologies in the territory of the Republic of Kazakhstan to foreign persons.

This Law establishes the principles and legal basis for the control of specific goods, defines the rights, duties and responsibilities of individuals and legal entities of the Republic of Kazakhstan when exporting, re-exporting, importing, transit of specific goods, providing extraterritorial intermediary services or technical assistance, as well as foreign persons engaged in extraterritorial re-export and transit of specific goods.

President

Republic of Kazakhstan

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