On approval of the Regulations on the Diplomatic and Equivalent Representation of the Republic of Kazakhstan

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Decree of the President of the Republic of Kazakhstan dated February 4, 2004 No. 1287.

In accordance with subparagraph 27-13) of Article 6 of the Law of the Republic of Kazakhstan dated March 7, 2002 "On the Diplomatic Service of the Republic of Kazakhstan", I DECREE:

The footnote. The preamble is in the wording of the Decree of the President of the Republic of Kazakhstan dated 09/18/2021 No. 661 (effective from the date of its first official publication).

1. To approve the attached Regulations on the diplomatic and equivalent representation of the Republic of Kazakhstan.

2. Invalidate them:

Decree of the President of the Republic of Kazakhstan dated July 2, 1992 No. 832 "On approval of the Regulations on the Embassy of the Republic of Kazakhstan";

Decree of the President of the Republic of Kazakhstan dated July 2, 1992 No. 833 "On approval of the Regulations on the basic duties and Rights of the Ambassador Extraordinary and Plenipotentiary of the Republic of Kazakhstan accredited in other States".

3. This Decree comes into force from the date of signing.

President of the Republic of Kazakhstan

Approved by the Decree of the President of the Republic of Kazakhstan on February 4, 2004N 1287

Status of the diplomatic and equivalent representation of the Republic of Kazakhstan

This Regulation defines the status and powers of the diplomatic and equivalent representative offices of the Republic of Kazakhstan (hereinafter referred to as the representative office).

1. General provisions

1. The following concepts are used in this Regulation:

1) The Embassy of the Republic of Kazakhstan is a foreign institution of the Republic of Kazakhstan, which is a diplomatic mission representing the Republic of Kazakhstan in the host state, headed by an Ambassador Extraordinary and Plenipotentiary accredited to the Head of State;

2) The Diplomatic mission of the Republic of Kazakhstan is a foreign institution of the Republic of Kazakhstan, equivalent to a diplomatic mission, carrying out a representative office of the Republic of Kazakhstan, headed by a Charge d'affaires accredited to the Minister of Foreign Affairs in the host state;

3) Permanent Mission of the Republic of Kazakhstan to an international organization is a foreign institution of the Republic of Kazakhstan, equivalent to a diplomatic mission, representing the Republic of Kazakhstan in an international organization of which the Republic of Kazakhstan is a member, headed by a Permanent Representative;

4) the State of residence is a foreign State in the territory of which the representative office is located.

2. The Representative Office carries out its activities in accordance with the Constitution of the Republic of Kazakhstan, the provisions of the Vienna Convention on Diplomatic Relations of April 18, 1961, the Vienna Convention on Consular Relations of April 24, 1963, the Law of the Republic of Kazakhstan dated March 7, 2002 "On the Diplomatic Service of the Republic of Kazakhstan", this Regulation and other regulatory legal acts, international treaties Of the Republic of Kazakhstan, taking into account the legislation of the host State or the rules of an international organization, as well as generally recognized norms of international law.

3. A representative office is established, reorganized and terminated on the basis of a decree of the President of the Republic of Kazakhstan.

4. The representative office is part of the unified system of bodies of the diplomatic service, headed by the Ministry of Foreign Affairs of the Republic of Kazakhstan (hereinafter - the Ministry).

Requests and petitions from other state bodies of the Republic of Kazakhstan are communicated to the representative office exclusively through the Ministry.

2. Main tasks, functions and rights of representation

5. The main objectives of the representative office are:

implementation of the foreign policy course of the Republic of Kazakhstan, assistance in the implementation of foreign economic policy;

the representative office of the Republic of Kazakhstan in relations with the host State or an international organization;

ensuring by diplomatic means and methods the protection of the sovereignty, security, territorial integrity and inviolability of the borders of the Republic of Kazakhstan, its political, trade, economic and other interests in relations with the host State or an international organization;

protection of the rights and interests of the Republic of Kazakhstan, its citizens and legal entities in the host State.

6. The representative office performs the following functions in accordance with the procedure established by the legislation of the Republic of Kazakhstan:

1) contributes to the implementation of the strategy of international policy of the Republic of Kazakhstan;

2) ensures the implementation of a unified political line of the Republic of Kazakhstan in the host state or an international organization;

3) submits proposals to the Ministry on the issues of relations of the Republic of Kazakhstan with the host State or an international organization;

4) conducts negotiations and facilitates the maintenance of official contacts with the State authorities of the host State or with an international organization and within its framework;

5) promotes the implementation of goals and principles, as well as the implementation of decisions within the framework of cooperation of the Republic of Kazakhstan with the host State or with an international organization;

6) organizes negotiations and signing of international treaties of the Republic of Kazakhstan with the host state or with an international organization;

7) provides assistance to official delegations and representatives of the Republic of Kazakhstan sent to the host State or to an international organization in the performance of their assigned tasks;

8) provides protocol and organizational support for events with the participation of the President of the Republic of Kazakhstan, the Chairmen of the Chambers of the Parliament of the Republic of Kazakhstan, the Prime Minister of the Republic of Kazakhstan and other officials of the Republic of Kazakhstan;

9) collects information about the host state, analyzes the relations of the Republic of Kazakhstan with the host state, its foreign and domestic policy, the situation in the system of international relations, as well as studies the activities of other states and international organizations;

10) provide, in accordance with the established procedure, the state bodies of the Republic of Kazakhstan with the information necessary for the implementation of foreign and domestic policy;

11) promotes the development of friendly and mutually beneficial relations between the Republic of Kazakhstan and the host State or an international organization in the field of economics, culture, science and other fields;

12) performs consular functions regulated by the legislation of the Republic of Kazakhstan and the norms of international law;

13) distributes information in the host state or an international organization about the foreign and domestic policy of the Republic of Kazakhstan, socio-economic, cultural and spiritual life of the state;

14) carries out general supervision and control over the implementation of international treaties to which the Republic of Kazakhstan and the host State or an international organization are parties;

15) promotes the development of relations and contacts with compatriots living in the host State;

16) in cases of a state of emergency or martial law or the threat of their occurrence in the host State, as well as in neighboring States, coordinate activities to ensure the safety of citizens of the Republic of Kazakhstan and the safety of property of the Republic of Kazakhstan, up to their emergency evacuation to safe conditions.;

17) carries out the acquisition, registration, acceptance and storage of diplomatic mail, organizes the delivery of diplomatic mail from the Ministry to other foreign institutions;

18) carries out the acquisition, storage, and registration of diplomatic mail for delivery to the Ministry;

19) organizes the delivery of diplomatic mail to the Ministry;

20) takes measures within its competence to ensure the safety and security of diplomatic mail during its delivery;

21) ensures that the necessary documents for the delivery of diplomatic mail are processed and issued to diplomatic couriers and ad hoc couriers;

22) performs other functions stipulated by the legislation of the Republic of Kazakhstan.

The footnote. Paragraph 6 is amended by Decree of the President of the Republic of Kazakhstan dated 09/18/2021 No. 661 (effective from the date of its first official publication).

7. In order to carry out the main tasks and perform the functions assigned to it, the representative office has the right:

1) coordinate the activities of representative offices (representatives) and branches of Kazakhstani government agencies and organizations (hereinafter referred to as government organizations) and their employees in the host state;

2) require state organizations to fully inform and coordinate activities that affect the national interests of the Republic of Kazakhstan in the host state;

3) exercise other rights provided for by the legislation of the Republic of Kazakhstan.

The footnote. Paragraph 7 as amended by Decree of the President of the Republic of Kazakhstan dated 03/06/2013 No. 518.

3. Organization of the representative office's activities

8. The Embassy of the Republic of Kazakhstan is headed by the Ambassador Extraordinary and Plenipotentiary. The Permanent Mission of the Republic of Kazakhstan to the international organization is headed by a Permanent Representative.

The Ambassador Extraordinary and Plenipotentiary and the Permanent Representative are appointed and dismissed by the President of the Republic of Kazakhstan on the recommendation of the Minister of Foreign Affairs of the Republic of Kazakhstan.

The diplomatic mission of the Republic of Kazakhstan is headed by a Charge d'affaires appointed and dismissed by the Minister of Foreign Affairs of the Republic of Kazakhstan.

9. During the absence of the head of the mission, his functions are performed by a senior diplomatic officer appointed by him.:

1) the Embassy of the Republic of Kazakhstan has a Charge d'affaires;

2) in the Permanent Mission of the Republic of Kazakhstan to an international organization - an acting Permanent Representative;

3) in the Diplomatic Mission of the Republic of Kazakhstan - acting Charge d'affaires.

In cases where the post of Ambassador Extraordinary and Plenipotentiary, Permanent Representative or Charge d'affaires is vacant or if the Ambassador Extraordinary and Plenipotentiary, Permanent Representative or Charge d'affaires is unable to perform his functions, the Charge d'affaires of the Republic of Kazakhstan acting as Permanent Representative or Charge d'affaires is appointed by the Minister of Foreign Affairs of the Republic of Kazakhstan.

If the Permanent Representative is concurrently the Ambassador Extraordinary and Plenipotentiary to the receiving State, then in his absence the Acting Permanent Representative is the Charge d'affaires a.i. or one of the senior diplomatic staff.

The name of the Charge d'affaires, Acting Charge d'affaires, or Permanent Representative shall be communicated to the Ministry of Foreign Affairs of the receiving State or to another ministry in respect of which there is an agreement, or to an international organization.

During the absence of the Charge d'affaires, Acting Charge d'affaires, or Permanent Representative, their functions in the receiving State or international organization are performed by one of the senior diplomatic staff of the mission.

4. Main duties and rights of the head of the representative office

10. The head of the representative office is obliged to:

1) to carry out purposeful work on the implementation of the foreign policy course of the Republic of Kazakhstan, to protect by all lawful means and methods the rights and interests of citizens and organizations of the Republic of Kazakhstan;

2) inform the Ministry of Internal and Foreign Policy of the host State or an international organization;

3) ensure the development of cooperation between the Republic of Kazakhstan and the host State or an international organization;

4) take the necessary measures to ensure in the receiving State the privileges and immunities granted to the mission, staff and members of their families in accordance with the norms of international law and the legislation of the receiving State;

5) coordinate with the Ministry trips on short-term business trips outside the host state;

6) to ensure the financial and economic activities of the representative office in accordance with the legislation of the Republic of Kazakhstan;

7) to ensure the targeted and efficient spending of budgetary funds within the limits of the financing plan of the representative office, to use material assets for their intended purpose;

8) to ensure the safety of the entrusted state property, to take measures to prevent its damage;

9) ensure that accounting records are maintained at the representative office, that the staff of the representative office follows the procedure for processing documents and submitting them in a timely manner to an authorized employee of the representative office for accounting;

10) perform other functions assigned to its competence by the legislation and international treaties of the Republic of Kazakhstan, as well as the norms of international law.

The footnote. Paragraph 10 as amended by Decree of the President of the Republic of Kazakhstan dated 09/18/2021 No. 661 (effective from the date of its first official publication).

11. The Head of the representative office has the right:

1) to perform acts related to the conclusion of international treaties within the limits of the powers granted;

2) submit proposals on issues of bilateral relations with the host State or an international organization in accordance with the established procedure;

3) receive, in accordance with the established procedure, the necessary materials and documents from government organizations on issues within the competence of the representative office.;

4) submit proposals to the Ministry on awarding the staff of the representative office with state awards, promotion in rank and position, early secondment or extension of terms of work abroad, imposition of disciplinary penalties;

5) manage the limit of funds (expenses) provided for in the financing plan of the representative office;

6) issue orders on the activities of the representative office, independently make decisions on issues related to labor relations with service personnel, approve the schedule of annual paid work holidays for the staff of the representative office;

7) in agreement with the Ministry, allow short-term visits of the staff of the representative office and their family members to the Republic of Kazakhstan and other countries, except in cases of departure when providing annual paid leave.

12. The Ambassador Extraordinary and Plenipotentiary of the Republic manages the activities of consulates General, consulates, vice consulates, consular agencies, honorary consulates of the Republic of Kazakhstan in the host State and diplomatic missions of the Republic of Kazakhstan opened in the states of its accreditation, as well as coordinates the activities and controls the work of government organizations located in the host State.

Heads of government organizations:

1) they are obliged to coordinate their activities with the head of the mission or consular institution, assist the head of the mission in exercising his powers, and inform him about their activities;

2) coordinate work plans with the head of the mission or consular institution, and submit reports on their implementation within the time limits agreed with the head of the mission or consular institution.

The footnote. Paragraph 12 as amended by Decree of the President of the Republic of Kazakhstan dated 03/06/2013 No. 518.

13. The Head of the representative office is personally responsible for the objectivity, reliability and completeness of the information sent to the Ministry.

5. Representative office staff

14. According to their official duties, the staff of the representative office is divided into employees of the diplomatic service and employees of the diplomatic service.

Employees of the diplomatic service include civil servants who hold full-time diplomatic positions in the mission.

The diplomatic status of a representative office employee is confirmed by the receiving State by issuing him an appropriate diplomatic accreditation card.

Employees of the diplomatic service include civil servants who hold full-time administrative and technical positions in the representative office.

The status of an employee of the representative office is confirmed by the host State by issuing him an appropriate accreditation card.

The structure of the representative office may include persons performing the functions of service personnel, who are accepted on the basis of individual employment contracts from among the family members of the staff of the representative office, citizens of the Republic of Kazakhstan or the host State.

The footnote. Paragraph 14 as amended by Decree of the President of the Republic of Kazakhstan dated 09/18/2021 No. 661 (effective from the date of its first official publication).

15. The staff of the mission and their family members enjoy in the host State the immunities and privileges established by the norms of international law, international treaties of the Republic of Kazakhstan, international treaties concluded between international organizations and their host States, as well as the legislation of the host State.

16. The staff of the representative office is responsible for its activities and may be held accountable in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

6. The structure of the representation

17. The structure and staffing of the representative office are approved by the Ministry within the limits of the staffing of foreign institutions established by the Government of the Republic of Kazakhstan, and subject to appropriate agreements with the host State or with an international organization.

18. The representative office may have departments (groups): political, trade and economic, consular, press and information, humanitarian and cultural relations, referral, financial and economic service, and others.

19. The functions of the departments (groups) and the official (functional) duties of the representative office staff are determined by the head of the representative office.

7. Labor relations

20. Employment relations in the representative office are regulated by the legislation of the Republic of Kazakhstan, taking into account the norms of international law and the legislation of the host State.

21. The procedure for imposing disciplinary penalties on the staff of the representative office is determined by the legislation of the Republic of Kazakhstan.

8. Ensuring the activities of the representative office

22. Financial support of the representative office is provided only at the expense of the republican budget.

The financing plan for the representative office is approved by the Ministry within the limits of the funds provided for in the republican budget for the relevant year.

23. The representative office is provided with transportation, office space and other necessary property.

24. The representative office is provided with closed and open communication channels through which it communicates with the Ministry.

25. The procedure for the possession, use and disposal of the property assigned to the representative office is established by the legislation of the Republic of Kazakhstan.

26. The conditions and procedure for the financial, pension and social provision of the representative office staff are determined by the legislation of the Republic of Kazakhstan.

9. State symbols

27. The National flag of the Republic of Kazakhstan is hoisted on the building of the representative office, the residence of the Ambassador Extraordinary and Plenipotentiary (Permanent Representative), a shield with the image of the State Emblem of the Republic of Kazakhstan is installed, indicating the form of the representative office (name of the residence) and belonging to the Republic of Kazakhstan in the official language of the Republic of Kazakhstan and the language determined by the host state (international organization).

The state symbols of the Republic of Kazakhstan are used in accordance with the legislation of the Republic of Kazakhstan, taking into account the protocol practice of the host State (international organization).

President

Republic of Kazakhstan

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