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This is an archived page. Please visit the new Kazakhstan country profile.
Kazakhstan: Export Control Legislation
The following is an unofficial translation. LAW OF THE REPUBLIC OF KAZAKHSTAN ON THE EXPORT CONTROL OF WEAPONS, MILITARY TECHNOLOGY, AND DUAL-USE GOODS, 18 June 1996 Contents Article 1 Basic Concepts Employed in this Law Article 2 Principles of Export Control Article 3 Export Control Legislation of the Republic of Kazakhstan Article 4 Application of Export Control Legislation Article 5 Export Control Authority of the Government and Central Institutions Article 6 Items Subject to Export Control Article 7 Export Control Procedures Article 8 Re-exports and Transit Article 10 Export Restrictions Article 11 Protection of Information Article 12 Participation in International Organizations Article 13 Liability for Violations of Export-Control Legislation of the Republic at Kazakhstan This Law establishes the principles and procedures for the control of exports of weapons, military equipment, raw materials, substances, equipment, technology, and scientific information and services related to their production and use, in the interests of both international security and the national security of the Republic of Kazakhstan, and for the strengthening of the weapons of mass destruction nonproliferation regime. ARTICLE 1. BASIC CONCEPTS EMPLOYED IN THIS LAW The following concepts are employed for the purposes of this Law: Products - goods, technology, equipment, operations, services, and information subject to export control; Dual-use products - products that are not intended for military purposes but that could be used in the creation of nuclear, chemical, and other types of weapons of mass destruction and their delivery systems; Commodity classification subject to export control - control lists, and lists of weapons and military equipment and dual-use items, including nuclear and special non-nuclear materials, particular types of raw material, substances, equipment, technical and scientific information, and services that are used or could be used in the creation of weapons of mass destruction and their various delivery systems; Intellectual property rights - copyrights to scientific works, computer programs, and data bases; rights to industrial property; rights to inventions; rights to products made (owned) and services performed by individuals and legal entities, including industrial samples, and know-how related to weapons, military equipment, dual-use products, and special equipment and technology for the creation of weapons of mass destruction; Export - removal of items from the customs territory of the Republic of Kazakhstan for permanent relocation or consumption, the granting to foreign entities of services and rights to intellectual property related to weapons, military equipment, and dual-use products; Re-export - export of items, which were produced outside of Kazakhstan, from the customs territory of the Republic of Kazakhstan, or the exports of items, which were produced in the Republic of Kazakhstan, from the customs territory of another state to a third country; Transit - movement of items under customs control across the customs territory of the Republic of Kazakhstan; Exporters - legal entities and individuals of the Republic of Kazakhstan, foreign legal entities and citizens engaged in the export of items; Nuclear and special non-nuclear materials - material defined as such in accordance with the requirements of the international nuclear weapons nonproliferation regime;
Export Control - includes all aspects of the
following: the establishment
of procedures for the export, re-export, and transit of controlled items by
state entities, authorized by this Law, other laws and various acts of the
Republic of Kazakhstan; the
exposure, warning, and prevention of violations of this procedure;
Services - activity geared to satisfy of the requirements of other parties.
ARTICLE 2. PRINCIPLES OF EXPORT CONTROL
Basic principles of export control in the
Republic of Kazakhstan:
- observance of international commitments pertaining to the nonproliferation of weapons of mass destruction and other types of weapons;
- the priority of political interests in the exercise of export control;
- verification of the end use of products subject to control within the framework of nonproliferation procedures;
- accessibility of information on export-control legislation.
Export control legislation of the Republic of Kazakhstan shall be based on the
Constitution of the Republic of Kazakhstan and shall consist of this Law and other legislative acts, acts of the president of the
Republic of Kazakhstan, and Decrees of the Government of Kazakhstan.
If international treaties ratified by the Republic of Kazakhstan establish rules other than those that are specified by this law, the rules of international treaties shall apply.
ARTICLE 4. SPHERE OF APPLICATION OF EXPORT-CONTROL LEGISLATION
Export control legislation of the Republic of Kazakhstan shall extend to exports of the
items specified in Article 6 of this Law and also to the activity of exporters,
regardless of the form of ownership.
ARTICLE 5. EXPORT
CONTROL AUTHORITY OF THE GOVERNMENT AND CENTRAL EXECUTIVE INSTITUTIONS
The government of the Republic of Kazakhstan shall:
- create and develop an export control system;
- promulgate export control acts, including
implementation procedures, and confirm the lists of items subject to export control;
- direct the activity of the central executive institutions of the Republic of Kazakhstan
involved in export control;
- determine the powers of the central executive institutions in the sphere of export control based on their
jurisdiction;
- impose quantitative restrictions on exports of products subject to export control in accordance with this law;
- grant permission for the export of certain
controlled commodity classifications;
- grant permission for the transit of
controlled items;
Central executive institutions shall:
- directly support the creation of state
export control policy;
- draft and implement measures related to
the export control system, standardize rules and procedures, adjust them in
based on proposals from authorized executive institutions;
- draw up control lists and commodity lists subject to export control;
- monitor the exports, re-exports, and transit of products subject to export control via the authorized institutions;
- evaluation export applications;
- inform applicants, when necessary, if the
item to be exported is controlled;
- prevent controlled items from being
transferred illegally across the customs borders of the Republic of Kazakhstan;
ARTICLE 6. PRODUCTS SUBJECT TO EXPORT CONTROL
On the basis of state interests and the international commitments of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan shall determine the categories and confirm the lists and
classifications of products subject to export control.
The following pertain to items subject to export control in accordance with the requirements and conditions of this
Law:
- conventional arms and military equipment, raw material,
substances, special equipment and technology, and services related to their production;
- nuclear materials, technology, equipment, assemblies, special non-nuclear
materials;
dual-use products, equipment, and technology; and sources of radiation and isotope products, lists and
classifications established by international nonproliferation regimes;
- dual-use chemicals and technology that could be used in the creation of chemical weapons, according to the lists and
classifications established by international nonproliferation regimes;
- pathogens and their genetically altered forms and fragments of genetic material that could be used in the creation of bacteriological (biological) and toxic weapons, the lists and
classifications established by international nonproliferation regimes;
- equipment, materials, and technology used in the creation of missile-based
weapons, the lists and classifications established by international nonproliferation
regimes;
- scientific information, services, and the
intellectual property connected with the production of military items;
- other types of products in accordance with a decision of the Government of the Republic of Kazakhstan.
The products specified in this article are subject to export control regardless of their owner, place, and time
origin.
ARTICLE 7. EXPORT CONTROL PROCEDURES
Products subject to export control shall be exported in accordance with legislation of the Republic of Kazakhstan and international commitments of the Republic of Kazakhstan pertaining to the nonproliferation of weapons of mass destruction and other types of weapons and
technologies for their creation, and also with other international treaties ratified by the Republic of Kazakhstan.
Products subject to export control shall be exported in accordance with licenses issued by an authorized central executive institution in accordance
with the decision of the Government of the Republic of Kazakhstan.
The authorized institution issuing the licenses shall present the Government of the Republic of Kazakhstan with copies of:
- the economic entity's application, after
having been reviewed by pertinent central executive institutions to which the Government of the Republic of Kazakhstan has entrusted the
export control functions;
- the contract and end-user import certificate issued by the authorized state institution and containing commitments of the recipient country concerning use of the products imported from the Republic of Kazakhstan and subject to export control only for the needs of the country and concerning the non-admission of their
re-exports or transfer to third countries without the consent of the Kazakhstani side.
Originals of the license and contract with the notation of the authorized state institution shall be presented by the economic
entity to the customs authority.
When nuclear and special non-nuclear materials and dual- purpose products are being exported, the terms of the contract must
allow access of the authorized state institutions of the Republic of Kazakhstan to
verify their end use.
Nuclear and special non-nuclear materials,
dual-use items, technology, devices, and equipment for their creation may be exported to countries not possessing nuclear weapons only if there are assurances on the part of competent state institutions of these countries that the export items they have received and also nuclear or special non-nuclear materials and
dual-use products, devices, and equipment produced on as a result of their use:
A) Will not be used for production of nuclear weapons and other nuclear explosives or for the achievement of some military purpose;
B) Will be under the supervision (safeguards) of the International Atomic Energy Agency (IAEA) for the whole time of their actual use in accordance with safeguards agreements between the recipient country and the IAEA;
C) Will be supported by measures of physical protection at levels not lower than those recommended by the IAEA;
D) Will be re-exported (exported) or transferred from the jurisdiction of the recipient country only on the terms specified in clauses A, B, C; in the case of uranium with an enrichment of over 20 percent, plutonium, or heavy water,
re-exports or the transfer of the export items proper will be undertaken only with the written consent of the central executive institution for atomic energy of the Republic of Kazakhstan.
The legal entity that applied for a license shall be responsible for the
reliability of the information presented to obtain the license.
The authorized state institution that issued the license shall be entitled to annul or suspend it in the event of the exporter's violation of the procedure of export operations.
The authorized export-control authorities may, if necessary, examine the products subject to export control at the pre-shipping stage.
In particular instances products subject to export control shall be exported without special decisions having been adopted by the Government of the Republic of Kazakhstan on the basis of contracts and licenses issued in the established procedure by an authorized institution of the Republic of Kazakhstan. The following shall pertain to such instances:
exports of special components for arms and military equipment to support the production and maintenance of military products by Kazakhstan industrial enterprises on an inter-plant joint-labor basis with enterprises of foreign countries;
exports of special components to support the production of military products to foreign countries
through Kazakhstan licenses;
exports of spare parts, training and ancillary
components for weapons and military equipment supplied previously to foreign countries,
including of serially manufactured components in exchange for those withdrawn from production.
The transfer of military equipment, training
and ancillary items, including components, across the customs border of the
Republic of Kazakhstan for the purpose of retooling Kazakhstani weapons, shall
be implemented upon the decision of the entity authorized by the Government of
the Republic of Kazakhstan.
The export of items subject to export control across
the customs border of the Republic of Kazakhstan shall be supervised by the customs authorities of the Republic of Kazakhstan.
ARTICLE 8. RE-EXPORTS AND TRANSIT
Products subject to export control shall be re-exported in the procedure established by this law for exports.
Products originating in the Republic of Kazakhstan and subject to export control shall be re-exported in accordance with a permit of the central executive institution for export control authorized by the Government of the Republic of Kazakhstan.
Products brought onto the customs territory of the Republic of Kazakhstan and subject to export control shall be re-exported in accordance with a permit of a competent central executive institution of the country of
origin.
An authorized central executive institution shall be entitled to determine the legal force of the permit of the competent state institution of the country of origin that has been presented.
The transit of products subject to export control shall be undertaken in accordance with a permit of the Government of the Republic of Kazakhstan.
ARTICLE 9. PARTICIPATION OF THE REPUBLIC OF
KAZAKHSTAN IN INTERNATIONAL SANCTIONS INVOLVING EXPORT CONTROL
The participation of the Republic of Kazakhstan in international sanctions involving export control in respect to one state or a number of states and the implementation of these sanctions shall be determined by legislation of the Republic of Kazakhstan on the basis of decisions of the United Nations or other international organizations. In particular cases, such sanctions may be applied by the Republic of Kazakhstan unilaterally.
The procedure of the restitution to exporters for loss in the event of an announcement of international economic sanctions shall be determined by the Government of the Republic Kazakhstan.
ARTICLE 10. EXPORT RESTRICTIONS
The Republic of Kazakhstan shall be entitled to impose restrictions on exports of products subject to export control, up to and including an embargo, in respect to foreign states in the event of their having violated commitments given to the Republic of Kazakhstan and also in accordance with decisions of international organizations in which the Republic of Kazakhstan is a participant.
Proceeding from the interests of national security and the fulfillment of international commitments of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan shall determine the list of states in respect to which restrictions on exports of products subject to export control from the territory of the Republic of Kazakhstan may be imposed.
ARTICLE 11. PROTECTION OF INFORMATION
The central executive institutions and officials of the Republic of Kazakhstan authorized to exercise export control shall be required to observe the confidentiality of the information that they have obtained from the product exporters.
The provisions of part one of this article shall not extend to instances where a regime of confidentiality of the information could exert a negative influence on the interests of national security.
ARTICLE 12. PARTICIPATION IN THE ACTIVITY OF INTERNATIONAL ORGANIZATIONS
The Republic of Kazakhstan shall participate in the activity of international organizations operating in the sphere of export control both within the framework of the United Nations and in other organizations associated with the assurance and consolidation of procedures of the nonproliferation of weapons of mass destruction.
ARTICLE 13. LIABILITY FOR A VIOLATION OF EXPORT
CONTROL LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN
Legal entities and individuals of the Republic of Kazakhstan and also foreign legal entities and individuals and stateless persons shall in the event of their violation of export-control legislation of the Republic of Kazakhstan be held liable in accordance with current legislation of the Republic of Kazakhstan.
(Signed) N. Nazarbayev, President of the Republic of Kazakhstan Almaty, 18 June 1996.
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