The NIS Profiles database uses the following standardized renderings of Russian legal terms:

polozheniye--statute
poryadok--procedures
postanovleniye--decree
rasporyazheniye--directive
ukaz--edict
zakon--law

Law No. 105-II, On Changes and Amendments to the Law on Export Control of Weapons, Military Technology, and Dual-Use Goods, 24 November 2000
This law introduces changes and amendments meant to strengthen Kazakhstan's comprehensive export control law of 18 June 1996.  Article 1 expands on definitions of weapons of mass destruction, controlled goods, and import/export transactions.  It also mentions new non-traditional weapons of mass destruction.  Article 2 strengthens certain aspects of Kazakhstan's export control system, including intolerance of international terrorism, coordination of efforts with foreign governments on export controls, and conformity of Kazakhstan's procedures with internationally accepted norms and practices.  Article 4 introduces new types of activities (import and re-import of reprocessed products) subject to the export control regime.  Article 5 centralizes authority for a unified export control policy under the Cabinet of Ministers (pravitelstvo) and defers specific responsibilities to other government bodies.  Article 6 provides detailed descriptions of controlled items.  Article 7 strengthens the government's ability to conduct end-use checks and to withdraw export licenses if the exporter violates the law.  Article 8 introduces a new catch-all principle, which requires an exporter to obtain permission to export a non-controlled item if the exporter has reason to believe the item may be used to create or obtain weapons.
[O vnesenii izmeneniy i dopolneniy v Zakon Respubliki Kazakhstan "Ob eksportnom kontrole vooruzheniy, voyennoy tekhniki i produktsii dvoynogo naznacheniya," Kazakhstanskaya pravda online edition, http://www.kazpravda.kz, 30 November 2000.]{Entered 12/11/2000 KB}

Government Decree No. 1919, On Approving Export Control Rules in the Republic of Kazakhstan and Rules for Establishing Regulations for the Use of Imports to the Republic of Kazakhstan that are Subject to Export Controls and Verification of their Adherence thereto, 14 December 1999
Under Government Decree No. 1919, nuclear materials, special non-nuclear materials, and dual use items, as well as technologies, installations, and equipment for their production may only be exported to non-nuclear weapon states if end-use assurances guarantee that the exported item will not be used for the production of nuclear weapons or any other military goal.  Exported items are also subject to IAEA safeguards and physical protection measures that are equal to or greater than IAEA recommendations.  The importing country may re-export the items only if the above conditions are met.  Written permission must be granted by Kazakhstan's Committee on Atomic Energy for the re-export of highly enriched uranium (enriched above 20%), plutonium, or heavy water.  If necessary, a commission appointed by Kazakhstan's export control authority or officials from the Kazakhstani embassy in the importing country will monitor the end use of the exports.  In cases of end-use violation, Kazakhstan's export control authority will inform the Ministry of Foreign Affairs and the Committee for National Security.
[Government Decree No. 1919, Ob utverzhdenii Pravil osushchestvleniya eksportnogo kontrolya v Respublike Kazakhstan i Pravil oformleniya obyazatelstv po ispolzovaniyu vvozimoy v Respubliku Kazakhstan produktsii, podlezhashchey eksportnomu kontrolyu, i
proverok ikh ispolneniya, 14 December 1999.]{Entered 12/4/2000 KB}

Government Decree No. 1917, On Improving the Export Control System of the Republic of Kazakhstan, 14 December 1999
Government Decree No. 1917 created the State Commission on Export Control Issues and abolished its two predecessors:  the State Commission on Export Controls and the Government Commission on the Export and Import of Arms, Military Items, and Dual-Use Items.  The new commission will submit proposals to the government on the following:  (1) implementing state policy on the delivery, re-export, and transit of controlled items; (2) coordinating activities of all central agencies and departments involved with export control; (3) monitoring agencies to ensure compliance with export control laws; (4) improving the Kazakhstani export control system, improving Kazakhstani legislation, and participating in international export control regimes; and (5) bringing Kazakhstan's export control system in line with international nonproliferation regimes.  The Prime Minister of Kazakhstan will head the Commission, which is made up of two subcommittees:  the Subcommittee on Matters of Export-Import and Transit of Controlled Items; and the Subcommittee on Improving the Export Control System.  The first subcommittee's membership is composed of the Ministers of Foreign Affairs, State Revenue, Justice, Defense, and Energy, Industry, and Trade;  the First Deputy of the National Security Committee; and the General Director of Kazspetseksport.  The second subcommittee will include the First Deputy Minister of Energy, Industry and Trade; the General Secretary of the Security Council; the Chairmen of the Defense Industry Committee, the Committee on Atomic Energy, and the Aerospace Committee of the Ministry of Energy, Industry, and Trade; the Director of the Prime Ministerial Foreign Relations Department; the Chairman of the Ministry of State Revenue Customs Committee; a Ministry of Education and Science department director; and a Ministry of Energy, Industry, and Trade department director.  The Commission will meet at least once every quarter.
[Government Decree No. 1917, O sovershenstvovanii sistemy eksportnogo kontrolya v Respublike Kazakhstan, 14 December 1999.]{Entered 12/4/2000 KB} 

Government Decree No. 1143, Specific Issues Concerning the Transit of Goods Subject to Export Control, 11 August 1999 
Decree No. 1143 introduces amendments meant to strengthen Kazakhstan's Law on Export Control of Weapons, Military Technology, and Dual-Use Goods of 18 June 1996.
[Government Decree No. 1143, Otdelnyye voprosy tranzita produktsii, podlezhashyei eksportnomu kontrolyu, 11 August 1999.] {Entered 7/2/2001 NA}   

Government Decree No. 1029, 9 October 1998
Government Decree No. 1029 established the Department of Export Control and Licensing under the Ministry of Energy, Industry, and Trade.
[Valeriy Korablev and Chingis Masenov, "Challenges and Solutions to Export Controls in Kazakhstan," The Monitor, Vol. 5-6, No. 4-1, Fall 1999/Winter 2000, Center for International Trade and Security Website, http://www.uga.edu/cits, p. 22.]{Entered 12/4/2000 KB}

• First Deputy Prime Minister;
• Deputy Minister of Energy, Industry and Trade;
• Director of Budget Planning, Agency for Strategic Planning and Reforms;
• Chairman of the Defense Industry Committee, Ministry of Defense;
• Division Head, Secretariat of Security Council;
• Deputy Chairman of the Committee for National Security;
• First Deputy Minister of Finance;
• General Director of the Kazakhstan Atomic Energy Agency;
• First Deputy Minister of Foreign Affairs;
• Deputy Minister of Defense for Economy and Finance;
• Deputy Director of the Department of Export Control and Licensing, Ministry of Energy, Industry, and Trade;
• Chairman of the Customs Committee, Ministry of Finance;
• Deputy Head of the Department of Foreign Affairs and Protocol, Office of the Prime Minister;
• Head of the Department of Defense, Office of the Prime Minister;
• Director of the State Scientific-Technical Programs, Ministry of Science.

Government Decree No. 100, On Licensing Activities Related to the Use of Nuclear Energy, 12 February 1998
 
Criminal Code of the Republic of Kazakhstan, 1 January 1998
According to a July 1997 presidential edict, the new Kazakhstani Criminal Code entered into force on 1 January 1998. The criminal code provides penalties for violations of export controls. There are at least nine articles in the criminal code dealing with crimes involving weapons of mass destruction, radioactive materials, smuggling, and violations of export controls.
 
From Chapter Four, Crimes Against the Peace and Security of Mankind:
 
Article 158 states that the production, acquisition, and sale of weapons of mass destruction is forbidden by Kazakhstan’s international obligations. The penalty is incarceration for five to 10 years.
 
Article 159 states that the use of weapons of mass destruction is forbidden by Kazakhstan’s international obligations. The penalty is either incarceration for 10 to 20 years, life in prison, or the death penalty.
 
From Chapter Nine, Crimes Against the Security of Society and Social Order:
 
Article 243 states that the illegal export of technology, scientific and technical information, or services that could be used for the production of weapons of mass destruction, other arms, or military equipment subject to special export control, is punishable by either heavy fines or incarceration for three to seven years.
 
Article 247 states that the illegal acquisition, storage, use, transfer, destruction, transport, or burial of radioactive materials is punishable by up to two years in prison. If any of the above actions caused someone’s death or other serious consequences, punishment is more severe.
 
Article 248 states that the theft of radioactive materials or threats of extortion involving radioactive materials are punishable by fines or incarceration for up to five years.
 
Article 249 states that the violation of rules regarding the storage, use, accounting, burial, or transport of radioactive materials, if it could lead to someone’s death, is punishable by fines or up to six months probation.
 
Article 250 states that the smuggling of nuclear, biological, and chemical weapons, or materials and equipment that could be used in the production of these weapons, across the customs border is punishable by up to five years in prison and possible confiscation of property. Penalties are more severe for multiple offenders, for government officials making use of their official position to smuggle the goods, and for organized crime groups.
 
Article 255 states that the theft or extortion of weapons of mass destruction, or material and equipment that could be used in the production of weapons of mass destruction, is punishable by incarceration for five to 10 years. Penalties are more severe for multiple offenders, for government officials making use of their official position to smuggle the goods, and for organized crime groups.
[Zakon Respubliki Kazakhstan: Ugolovniy Kodeks Respubliki Kazakhstan, Zheti Zharghy (Almaty, 1997).]

Government Decree No. 1659, On Confirming the Statute of the National Operator for the Export and Import of Uranium and its Compounds, Nuclear Fuel for Nuclear Power Plants, Special Dual-Use Equipment, Technology, and Materials, 26 November 1997
According to Decree No. 1659, Kazatomprom is designated by the government to export and import uranium and its compounds, nuclear fuel, and special dual-use equipment, technology, and materials.  Kazatomprom is given preference in all export deals involving these items and represents the interests of the Republic of Kazakhstan in this sphere on the world market.[1,2]
Sources:
[1] Government Decree No. 1659, Ob utverzhdenii Polozheniya o natsionalnom operatore po eksportu i importu urana i ego soyedineniy, yadernogo topliva dlya atomnykh energeticheskikh stantsiy, spetsialnogo oborudovaniya i tekhnologiy, materialov dvoynogo primeneniya, 26 November 1997.
[2] Chingis Masenov, Timur Zhantikin, "The Current State and Problems of the State System of Nuclear Material Control in Kazakhstan," paper presented at the 1998 NISNP annual conference, November 1998.

Government Decree No. 1182, On Confirming the Statute of the Atomic Energy Agency of the Ministry of Science-Academy of Sciences, 28 July 1997
Government Decree No. 1182 approves the statute of the Kazakhstan Atomic Energy Agency (KAEA), subsequently known as the Committee on Atomic Energy. This statute supersedes all previous KAEA statutes, the first of which was approved on 18 February 1993.  According to its statute, KAEA is to provide for the control of nuclear and dual-use exports in order to “prevent the proliferation of nuclear weapons.”  The Agency is also charged with implementing state control and accounting for nuclear material, technologies, and dual-use items that are under the jurisdiction of the Republic of Kazakhstan.
[Government Decree No. 1182, Ob utverzhdenii Polozheniya ob Agentstve po atomnoy energii Ministerstva nauki-Akademii nauk Respubliki Kazakhstan, 28 July 1998.]

Government Decree No. 1037, On Licensing the Export and Import of Goods (Works, Services) in the Republic of Kazakhstan, 30 June 1997
The seventh in a series of export control-related decrees, Government Decree No. 1037 supersedes Government Decree No. 298 of 12 March 1996.   The decree outlines the procedures for exporting controlled goods from Kazakhstan.  The resolution explains export licensing procedures, and includes lists of types of goods that require either special permission from the government and/or an export license before they can be exported. The types of goods requiring special permission from the government include:
a) arms and military equipment, special parts for their production, and work and services in the field of military-technical cooperation.
b) nuclear materials, technologies, equipment, and facilities; special non-nuclear materials; and radiation sources, including radioactive waste.
The types of goods that require an export license, but do not require special permission from the Government, include:
a) certain types of raw materials, equipment, technology, and scientific and technical information that could be used in the creation of arms or military equipment; and
b) materials, equipment, and technologies used in peaceful applications but that could be used to create missiles, nuclear weapons, or other types of weapons of mass destruction.
Export licenses for this second category of goods are issued only if permission has been granted by the Ministry of Science and the Committee for National Security.
Sources:
[1] Government Decree No. 1037, O litsenzirovanii eksporta i importa tovarov (rabot, uslug) v Respublike Kazakhstan, 30 June 1997.
[2] Chingis Masenov, Timur Zhantikin, "The Current State and Problems of the State System of Nuclear Material Control in Kazakhstan," paper presented at the 1998 NISNP annual conference, November 1998.{Updated 1/10/2001 KB}

Law on the Use of Atomic Energy, 14 April 1997
The Law on the Use of Atomic Energy establishes the legal and regulatory basis for the use of nuclear energy in Kazakhstan. Section 4 of the law specifically addresses export and import questions in two articles: Article 19 states that the export and import of goods and services in the sphere of use of nuclear energy is controlled by relevant state organs in accordance with national legislation and international obligations of the Republic of Kazakhstan; Article 20 states that legislation of the Republic of Kazakhstan sets forth the procedures for exporting and importing nuclear materials, technologies, equipment and facilities, special non-nuclear materials, sources of ionizing radiation, radioactive materials, and radioactive waste.
["The Law of the Republic of Kazakhstan on Use of Atomic Energy," Kazakhstanskaya pravda, 17 April 1997; in "Law on Use of Atomic Energy," FBIS Document FTS19970519001377.] 

Law on Export Control of Weapons, Military Technology, and Dual-Use Goods, 18 June 1996  
This law provides a broad legal foundation for the establishment of the Kazakhstani export control system in the interests of national and international security and in order to strengthen the nonproliferation regime. The law gives the government of Kazakhstan the authority to create and develop an export control system, and to define the authority of other executive agencies in the sphere of export controls. It broadly defines the items subject to export control, including weapons and military technology, nuclear materials, chemical and biological materials that could be used in the creation of chemical and biological weapons, missile technologies, military scientific and technical information, and any other goods designated by the government of Kazakhstan. The law specifically states that nuclear exports must be placed under IAEA safeguards, and also addresses issues of re-export and transit.[1,2]  

The first draft of the law was written during a US-funded seminar on export control issues in Washington, DC in April 1995. The law was substantially delayed in 1995, due to a number of major events that affected the structure of the Kazakhstani government: the dissolution of the Kazakhstani Supreme Soviet, a referendum on extending Nazarbayev’s term in office until the year 2000, the adoption of a new constitution, and the election of a new parliament. In addition, some restructuring of the Kazakhstani government took place, including the absorption of the Kazakhstan Atomic Energy Agency into the Ministry of Science and New Technologies and the absorption of the Committee on Defense Industries into the Ministry of Energy, Industry, and Trade.

The Kazakhstani Majlis (lower house of parliament) passed the draft export control law on 5 May 1996, after careful review by the Majlis Committee on International Affairs, Defense, and Security. The Committee, working together with a group of representatives from various governmental bodies, introduced a number of changes into the draft law. The Senate (upper house of parliament) passed the draft law on 3 June 1996, and the law entered into force on 18 June 1996.[3]  Changes and amendments to the law were introduced on 24 November 2000.  A Russian version and an unofficial English translation of the 1996 law are available.
Sources:
[1] Law of the Republic of Kazakhstan, Ob eksportnom kontrole vooruzheniy, voyennoy tekhniki i produktsii dvoynogo naznacheniya, 18 June 1996.
[2] NISNP discussions with Kazakhstani government official, summer 1996.
[3] Problemy nerasprostraneniya, No. 1, January 1998, pp. 37-46.{Updated 12/4/2000 KB}

Government Decree No. 298, On the Procedures for the Export and Import of Goods (Works, Services) in the Republic of Kazakhstan, 12 March 1996
The sixth in a series of export control-related decrees, Government Decree No. 298 superseded Decree No.1002 of 20 July 1995 and was superseded by Decree No. 1037 of 30 June 1997.  Decree No. 298 eliminated any mention of "strategically important materials," and instead listed in six appendices those materials that require permission or a license for export or import.  It did not make any distinctions between exports to former Soviet republics and exports to other foreign countries. 

Appendix 1 outlined export licensing procedures. Appendix 2 listed goods requiring governmental permission prior to exportation.  This list included military equipment and technologies, nuclear materials and technologies, radioactive materials, and radioactive waste.  Appendix 3 listed goods requiring governmental permission prior to importation.  This list included military equipment and technologies, nuclear materials and technologies, radioactive materials, and radioactive waste. Appendix 4 listed goods that required an export license.  This list included materials that could be used in the production of military technology, and dual-use materials that could be used in the production of nuclear, missile, chemical weapons, or other weapons of mass destruction.  A license to export the above-mentioned goods required approval from the Ministry of Science and the State Technical Committee of the Republic of Kazakhstan for the Protection of Information. (Note that the Kazakhstan Atomic Energy Agency was under the jurisdiction of the Ministry of Science in 1996.)  Appendix 5 listed goods that required an import license.  Appendix 6 listed goods the export of which was required to comply with the international obligations of the Republic of Kazakhstan.
[Government Decree No. 298, O poryadke eksporta i importa tovarov (rabot, uslug) v Respublike Kazakhstan, 12 March 1996.]{Entered 12/4/2000 KB}

Government Decree No. 1896, On Introducing Amendments and Additions to Decree No. 1002 of 20 July 1995, 30 December 1995
Government Decree No. 1896 added to the list, defined in Government Decree No. 1002, of those items that require an export license:
a. material, equipment, and technology that can be used in the development of arms and military hardware;
b. dual-use missile, nuclear, and chemical materials or technology that can be used in the development of weapons of mass destruction;
c. normative and technical documentation for defense-related products.
[Center for Nonproliferation Studies, Export Control Status Report:  Republic of Kazakhstan (Monterey, CA, 9 September 1996), p. 11.]{Entered 12/4/2000 KB}

Government Decree No. 141, On the Regulation of Export Barter Transactions, 8 February 1995
Decree No. 141 requires that individuals involved in export barter transactions of strategically important materials receive permission from the Cabinet of Ministers before obtaining a license from the Ministry of Industry and Trade.
[Government Decree No. 141, Ob uporyadochenii eksportnykh barternykh operatsiy, 8 February 1995.]{Entered 12/4/2000 KB}

Government Decree No. 66, On the Procedures for the Export and Import of Goods (Works, Services) on the Territory of the Republic of Kazakhstan, 19 January 1995
The fourth in a series of export control-related decrees, Government Decree No. 66 superseded Decree No. 435 of 26 April 1994 and was superseded by Decree No. 1002 of 20 July 1995.  "Goods of national importance" were replaced with "strategically important resources" in this decree.  Appendices clearly defined those goods for which explicit permission from the Cabinet of Ministers is required in order to receive an export license, those goods which do not require permission from the Cabinet of Ministers but still require a license, and those goods which do not require a license but which require registration of export contracts.
[Government Decree No. 66, O poryadke eksporta i importa tovarov (rabot i uslug) na territorii Respubliki Kazakhstan, 19 January 1995.]{Entered 12/4/2000 KB}

Presidential Edict No. 2021, On Liberalization of Foreign Trade Activities, 11 January 1995
Presidential Edict No. 2021 superseded Presidential Edict No. 1311.  The edict called on the Cabinet of Ministers to shorten the list of controlled and licensable goods.
[Presidential Decree No. 2021, O liberalizatsii vneshneekonomicheskoy deyatelnosti, 11 January 1995.]{Entered 12/4/2000 KB}

Government Decree No. 435, On Setting Quotas and Licensing Exports and Imports of Commodities (Goods and Services) on the Territory of the Republic of Kazakhstan, 26 April 1994
The third in a series of export control-related decrees, Government Decree No. 435 superseded Government Decree No. 118 of 16 February 1993 and was superseded by Government Decree No. 66 of 19 January 1995.  Appendix 2 of this decree listed goods of national importance, which included weapons, military and nuclear equipment, components and services used in the production of military and nuclear equipment, nuclear materials and technologies, dual-use materials and technologies, and nuclear isotopes.  Decree No. 435 also listed goods requiring either an export license or governmental permission prior to exportation.
[Government Decree No. 435, O kvotirovanii i litsenzirovanii eksporta i importa tovarov (rabot, uslug) na territorii Respubliki Kazakhstan, 26 April 1994.]{Entered 12/4/2000 KB}

Presidential Edict No. 1311, On Additional Measures for Organizing Foreign Economic Activity of the Republic of Kazakhstan, 30 July 1993
Presidential Edict No. 1311 was superseded by President Edict No. 2021 of 11 January 1995.  Edict  No. 1311 called for the strengthening of controls over the export and import of goods and raw materials and the protection of domestic markets.  Edict No. 1311 created three State Foreign Trade Companies (GVK) under the Ministry of Industry and Trade, which alone had the right to export "goods of national importance," including nuclear materials and technology.[1]  The three GVKs were  Ulan (Kazspetseksport), Kazakhmetaleksport, and Intermetal.[2]
Sources:
[1] Presidential Edict No. 1311, O dopolnitelnykh merakh po organizatsii vneshneekonomicheskoy deyatelnosti Respubliki Kazakhstan, 30 July 1993.
[2] Center for Nonproliferation Studies, Export Control Status Report:  Republic of Kazakhstan (Monterey, CA, 9 September 1996), p. 9.{Entered 12/4/2000 KB}

Government Decree No. 183, On Confirming the Statute of the Export and Import of Nuclear Materials, Technologies, Equipment, Facilities; Special Non-Nuclear Materials; Dual-Use Equipment, Materials, and Technologies; Radioactive Materials; and Isotope Products, 9 March 1993
Government Decree No. 183 sets forth the requirements for nuclear exports and outlines the responsibilities of the Kazakhstan Atomic Energy Agency (subsequently the Committee on Atomic Energy) in the sphere of nuclear export control.  Although this resolution was enacted before Kazakhstan officially acceded to the NPT, Article IV of the Decree specifically requires that nuclear exports be carried out in accordance with the provisions of the NPT.  Lists of controlled nuclear and dual-use nuclear materials, which are consistent with Nuclear Supplier's Group lists, are set forth in Appendices 1 and 2.  The resolution requires that licenses be issued for these materials only if they will be placed under IAEA safeguards in the importing country, if physical protection will be provided for the materials at levels not less than those recommended by the IAEA, and if the importing country agrees not to re-export the materials without written permission from the government of Kazakhstan.
[Government Decree No. 183, Ob utverzhdenii Polozheniya ob eksporte i importe yadernykh materialov, tekhnologiy, oborudovaniya, ustanovok, materialov i tekhnologiy dvoynogo naznacheniya, istochnikov radioaktivnogo izlucheniya i izotopnoy produktsii, 9 March 1993.]{Entered 12/4/2000 KB}

Government Decree No. 118, On Setting Quotas and Licensing Exports and Imports of Goods (Works and Services) on the Territory of the Republic of Kazakhstan, 16 February 1993
The second in a series of export control-related decrees, Government Decree No. 118 superseded Government Decree No. 804 of 27 December 1991 and was itself superseded by Government Decree No. 435 of 26 April 1994.  The stated goal of the decree was to protect Kazakhstan’s domestic market, implement state control over foreign economic activity, and perfect the procedure for exporting and importing goods.  Appendix 5 contained a list of those goods that can only be exported with the explicit permission of the Cabinet of Ministers.  Materials, equipment, and technology that could be used in the production of "missile, nuclear, chemical or other weapons of mass destruction" were included in this appendix.
Sources:
[1] Government Decree No. 118, O kvotirovanii i litsenzirovanii eksporta i importa tovarov (rabot i uslug) na territorii Respubliki Kazakhstan, 16 February 1993.
[2] Center for Nonproliferation Studies, Export Control Status Report:  Republic of Kazakhstan (Monterey, CA, 9 September 1996), p. 8.{Entered 12/4/2000 KB}

Presidential Edict No. 779, On the National Atomic Energy Agency, 15 May 1992
[Valeriy Korablev and Chingis Masenov, "Challenges and Solutions to Export Controls in Kazakhstan," The Monitor, Vol. 5-6, No. 4-1, Fall 1999/Winter 2000, Center for International Trade and Security Website, http://www.uga.edu/cits, p. 23.]{Entered 12/4/2000 KB}

Government Decree No. 804, On Quota and License Regulations for the Export of Goods from the Republic of Kazakhstan, 27 December 1991
Government Decree No. 804 was superseded by Government Decree No. 118 of 16 February 1993.  Decree No. 804 was the first decree regulating export control in Kazakhstan, and was adopted shortly after Kazakhstani independence.  As with many of the early decrees, it was more concerned with protecting fledgling domestic markets than with nonproliferation export controls.
[Center for Nonproliferation Studies, Export Control Status Report:  Republic of Kazakhstan (Monterey, CA, 9 September 1996), p. 8.]{Entered 12/4/2000 KB}