Unofficial translation
In accordance with Article 32-1 of the Law of the Republic of Kazakhstan dated March 7, 2002 "On Diplomatic Service of the Republic of Kazakhstan", the Government of the Republic of Kazakhstan hereby DECREES AS FOLLOWS:
1. Approve the attached Rules for reimbursement of differences to officials sent to work in international organizations from the Republic of Kazakhstan, who previously held the posts of diplomatic service personnel.
2. This Decree shall be enforced from January 1, 2011 and shall be subject to official publication.
|
The Prime Minister of the Republic of Kazakhstan |
K. Massimov |
| Approved by the Decree of the Government of the Republic of Kazakhstan No. 474 dated May 3, 2011 |
Rules
for reimbursing the difference to officials sent to work in international organizations from the Republic of Kazakhstan, who previously held positions of diplomatic service personnel.
Footnote. Rules as amended by Resolution No. 406 of the Government of the Republic of Kazakhstan dated 18.06.2022 (shall be enforced ten calendar days after the date of its first official publication).
1. These Rules for reimbursing the difference to officials sent to work in international organizations from the Republic of Kazakhstan, who previously held positions of diplomatic service personnel (further -the Rules), have been developed pursuant to the Law of the Republic of Kazakhstan “On diplomatic service of the Republic of Kazakhstan” (further -the Law) and establish the procedure of reimbursing the difference in salaries, social, pension and medical security provided for in paragraphs 3, 4, 6, 8, 9, 10, 11, 12, 13 and 14 of Article 25 and Article 29 of the Law in terms of annual monetary compensation for the cost of representative equipment to official persons sent to work in international organizations from the Republic of Kazakhstan, who previously held positions of diplomatic service personnel (hereinafter - international civil servants).
2. The difference shall be reimbursed at the expense and within the funds provided for these purposes in the republican budget under the relevant budget program to the Ministry of Foreign Affairs of the Republic of Kazakhstan.
3. Official salaries to international civil servants shall be established in the national currency in the amounts provided for the staff of the foreign institutions of the Republic of Kazakhstan (hereinafter -foreign institutions) in accordance with the legislation of the Republic of Kazakhstan.
International organizations’ servants shall not be reimbursed the difference in official salaries in foreign currency.
4. Pension benefits for international organizations’ servants shall be paid as required by the legislation of the Republic of Kazakhstan in the part of the diplomatic service personnel working in foreign missions.
5. Reimbursement of the difference provided for by the legislation of the Republic of Kazakhstan to international organizations’ servants shall be paid twice in the reporting year, with the exception of annual monetary compensation for the cost of representative equipment and travel expenses on annual paid labor leave, made once in the reporting year.
In these Rules, the reporting year is a calendar year - from January 1 to December 31 inclusive.
Upon completion of tenure in an international organization during the reporting year, compensation to an international organization’s servant shall be paid at the end of the tenure term.
In the current financial year, reimbursement of the difference to international organizations’ servants shall be calculated from the day they start working in an international organization, determined by an employment contract or an internal act of an international organization.
6. Servants of international organizations whose headquarters are located on the territory of the Republic of Kazakhstan shall not be reimbursed the difference provided for in paragraphs 3, 4, 6, 8, 9, 10, 11, 12, 13 and 14 of article 25 of the Law.
7. In order to receive compensation for the difference, an international servant shall provide a certificate of the relevant international organization to the foreign office in the host state in accordance with the form of Appendix 1 to these Rules, with the obligatory indication of the amounts actually received for the payment of:
1) expenses under the list of the guaranteed volume of free medical care and in the system of compulsory social health insurance;
2) transport expenses associated with being sent to work in an international organization upon appointment, the return of an international servant at the end of the tenure term, as well as with the provision of annual paid leave or the death of a family member;
3) expenses for pre-school education and training, primary, basic secondary and general secondary education of children during the tenure in an international organization;
4) annual monetary compensation for the cost of representative equipment.
If the funds for any of the above expenses in the international organization are not paid separately and are part of the salary, this amount must also be reflected separately in the certificate provided.
The certificate provided by an international servant shall be signed by the chief financial officer of the international organization and certified by its seal.
The certificate must be issued no earlier than 30 calendar days before the international servant applies for reimbursement of the difference to the foreign institution and must contain comprehensive information regarding the receipt or non-receipt of funds for each type of expenses listed in this paragraph of the Rules.
8. The certificate must also contain information on the funds received in case of the occurrence of events referred to in paragraphs 8-14 of Article 25 of the Law.
9. The international servant shall attach the following supporting documents to the certificate:
1) on the expenses specified in subparagraph 1) of paragraph 7 of these Rules - copies of the insurance policy and insurance contract (if any), in the absence of the above documents, a certificate from an international organization containing information on the volume of medical services provided, or other documents confirming receipt from the list of guaranteed volume of free medical care and in the system of compulsory social health insurance;
2) on the expenses referred to in subparagraph 2) of paragraph 7 of these Rules - air tickets and boarding passes, an invoice or a receipt;
3) on the expenses referred to in subparagraph 3) of paragraph 7 of these Rules - a copy of the contract for the education of children (if any) and copies of receipts for payment for the relevant educational services;
4) on the expenses referred to in subparagraph 4) of paragraph of these Rules, – payment document (sales check, invoice) confirming the fact of acquisition of representative equipment items;
5) documents confirming the occurrence of the events referred to in paragraphs 8-14 of Article 25 of the Law, in accordance with the Rules for compensation for damage caused to a servant or employee of the diplomatic service or members of his family during his stay abroad in the performance of his official duties or activities related to them, approved by Resolution No. 1056 of the Government of the Republic of Kazakhstan dated October 15, 2003.
10. The international servant shall provide to the foreign office the documents referred to in paragraphs 7 and 9 of these Rules within the following terms:
for the first half of the year - no later than July 1 of the reporting year;
for the second half of the year - no later than November 25 of the reporting year.
In case of completion of tenure in an international organization during the reporting year, an international servant shall provide the documents referred to in paragraphs 7 and 9 of these Rules no later than 14 calendar days before the date of completion of tenure in an international organization, with the exception of travel expenses and medical expenses , which must be provided no later than 3 calendar days before the date of completion of tenure in an international organization, except in force majeure circumstances (force majeure).
11. After the international servant provides a certificate and supporting documents, the foreign institution in the host state shall check the completeness of the documents provided by the international servant, and in case of provided complete documents referred to in paragraphs 7 and 9 of these Rules, shall bring out the amount of the difference to be reimbursed for the international servant in comparison with the staff of the foreign establishment in an equivalent position under paragraphs 7 and 8 of these Rules and direct the documents to the Ministry of Foreign Affairs of the Republic of Kazakhstan.
In case of submitted false and (or) incomplete information, the foreign institution shall return the documents to the above persons sent to work in international organizations to bring the package of documents in line with the requirements of these Rules within no more than three working days, but no later than the deadlines established in paragraph 12 of these of the Rules, to ensure the execution of the budget beginning on January 1 and ending on December 31 of the current financial year.
12. Twice in the reporting year the foreign institution shall submit to the Ministry of Foreign Affairs of the Republic of Kazakhstan a report for each international organization’s servant on payments in accordance with the form of Appendix 2 to these Rules:
for the first half of the year - by July 15 of the reporting year;
for the second half of the year - by December 5 of the reporting year.
If the foreign agency sends to the Ministry of Foreign Affairs of the Republic of Kazakhstan a package of documents required by these Rules, untimely and (or) not in full, the Ministry of Foreign Affairs of the Republic of Kazakhstan shall refuse to transfer the corresponding amount of the difference to the foreign agency.
Reimbursement to officials sent to work in international organizations from the Republic of Kazakhstan of the difference for expenses incurred in the previous year is not allowed in the current financial year.
13. After receiving a report on payments, the Ministry of Foreign Affairs of the Republic of Kazakhstan shall transfer the corresponding amounts of the difference to be reimbursed: in foreign currency - to foreign institutions, in national currency - to personal accounts of international organizations’ servants.
| Appendix 1 to the Rules for reimbursing the difference to officials, sent to work in international organizations from the Republic of Kazakhstan, who previously held positions of diplomatic service personnel |
The form
Certificate
1. Full name of the international servant: _____________
2. Name of the international organization: ____________________________
3. Position in the international organization: _____________________________
4. Reporting period: from __________ to ______________
5. Name of the currency (USD/EUR): ____________________________
№ п/п | Name of payments | Payment amounts in the international organization | Note |
1 | 2 | 3 | 4 |
1 | Expenses under the list of guaranteed volume of free medical care and in the compulsory social health insurance system | ||
2 | Transport expenses associated with being sent to work in an international organization upon appointment, the return of an international servant at the end of the tenure term, provision of annual paid leave or the death of a family member; | ||
1 | 2 | 3 | 4 |
3 | Expenses for the education of children, including: | ||
expenses for preschool education and training | |||
expenses for primary education | |||
expenses for basic secondary education | |||
expenses for general secondary education | |||
4 | Annual cash compensation for the cost of representative equipment | ||
Additionally, upon the occurrence of events referred to in paragraphs 8 - 13 of Article 25 of the Law of the Republic of Kazakhstan On Diplomatic Service of the Republic of Kazakhstan | |||
5 | |||
Total | |||
Chief Financial Officer
of the international organization _________________________________
(Full name, signature) Seal.
| Appendix 2 to the Rules for reimbursing the difference to officials, sent to work in international organizations from the Republic of Kazakhstan, who previously held positions of diplomatic service personnel |
The form
Name of the foreign institution of the Republic of Kazakhstan
Report on payments
1. Full name of the international servant: ______________
2. Name of the international organization: ___________________________
3. Position in the international organization: _______________________________
4. Reporting period: from ____________ to ______________
5. Equivalent position in the international institution of the Republic of Kazakhstan: ________________
6. Name of the currency (USD/EUR): _______________________________
№ п/п | Name of payments | Payment amounts in the international institution of the Republic of Kazakhstan on equivalent position | Amount of payments in the international organization | Amount of the difference to be reimbursed from the budget |
1 | 2 | 3 | 4 | 5 |
1 | Expenses under the list of guaranteed volume of free medical care and in the compulsory social health insurance system | |||
1 | 2 | 3 | 4 | 5 |
2 | Transport expenses associated with being sent to work in an international organization upon appointment, the return of an international servant at the end of the tenure term, provision of annual paid leave, the death of a family member; | |||
3 | Expenses for the education of children, including: | |||
expenses for preschool education and training | ||||
expenses for primary education | ||||
expenses for basic secondary education | ||||
expenses for general secondary education | ||||
4 | Annual cash compensation for the cost of representative equipment | |||
Additionally, upon the occurrence of events referred to in paragraphs 8 - 13 of Article 25 of the Law of the Republic of Kazakhstan On Diplomatic Service of the Republic of Kazakhstan | ||||
5 | ||||
Total | ||||
The head of the foreign institution of the Republic of Kazakhstan Signature
Accountant of the foreign institution of the Republic of Kazakhstan Signature
Date Seal