Unofficial translation
Footnote. Has become invalid by the Decree of the Government of the Republic of Kazakhstan dated April 21, 2022 No. 238 (shall be enforced ten calendar days after the day of its first official publication).In accordance with Article 25 of the Law of the Republic of Kazakhstan dated May 30, 2005 “On International Treaties of the Republic of Kazakhstan” the Government of the Republic of Kazakhstan HEREBY RESOLVES:
Footnote. The Preamble as reworded by the Resolution of the Government of the Republic of Kazakhstan dated 18.03.2021 No. 145 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).1. To approve the attached Rules for the Maintenance of the State Register of International Treaties of the Republic of Kazakhstan.
2. This resolution shall be enforced from the date of its first official publication.
| Prime Minister of the Republic of Kazakhstan | K. Massimov |
| Approved by resolution of the Government of the Republic of Kazakhstan dated October 29, 2010 № 1133 |
Rules for maintenance of the State Register
of the international treaties of the Republic of Kazakhstan
1. General provisions
1. These Rules for maintaining the State register of international treaties of the Republic of Kazakhstan (further referred to as the Rules) shall define the procedure for registration, accounting and storage of the international treaties signed by the Republic of Kazakhstan with the foreign state and (or) with the international organization(s) according to the Law "On International Treaties" (further referred to as the international treaties).
2. International treaties concluded on behalf of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan and state bodies of the Republic of Kazakhstan directly subordinate and accountable to the President of the Republic of Kazakhstan, as well as central executive bodies of the Republic of Kazakhstan (hereinafter referred to as the central bodies) shall be subject to registration, accounting and storage.
3. The state register of international treaties of the Republic of Kazakhstan - the unified state system of registration, accounting and storage of international treaties of the Republic of Kazakhstan containing originals and copies of international treaties which shall be officially certified by depositary, their details and other information of directory character about them determined by the Ministry of Foreign Affairs of the Republic of Kazakhstan.
4. The unified state system of registration, accounting and storage of international treaties of the Republic of Kazakhstan shall be under authority of the Ministry of Foreign Affairs of the Republic of Kazakhstan (further referred to as the authorized body).
2. Registration of international treaties
5. Within two weeks from the date of conclusion of the international treaty on behalf of the Republic of Kazakhstan or the Government of the Republic of Kazakhstan, the central body shall send to the authorized body its original for registration.
6. When an original or officially certified copy of the international treaty concluded on behalf of the Republic of Kazakhstan or the Government of the Republic of Kazakhstan is received through diplomatic channels, the authorized body shall register the relevant international treaty independently.
7. If the international treaty is concluded on behalf of the central authority within two weeks from the date of conclusion of the international treaty, a copy of the relevant international treaty certified by the central authority shall be sent to the authorized body.
If an officially certified copy of the international treaty is received from the depositary (international organization or foreign state), the central authority shall forward it to the authorized body within two weeks of receipt.
8. The original or a copy of an international treaty officially certified by the depository shall be attached with a certificate signed by the head of the central body in the form according to Annex to these Rules.
Footnote. Paragraph 8 as reworded by the Resolution of the Government of the Republic of Kazakhstan dated 18.03.2021 No. 145 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).9. Upon receipt of the original or officially certified copy of the international treaty, as well as the attached certificate, the authorized body shall, within fifteen working days, establish the conformity of the international treaty and the procedure for its conclusion with Articles 2, 8-10 of the Law of the Republic of Kazakhstan dated May 30, 2005 "On International Treaties of the Republic of Kazakhstan" (hereinafter referred to as the Law).
10. If compliance with Articles 2, 8-10 of the Law is established, the authorized body shall include the international treaty in the State Register of International Treaties of the Republic of Kazakhstan. The international treaty, which does not meet the established requirements of the Law, shall be returned within fifteen working days to the central authority with a reasoned justification of the causes for the return and recommendations of the necessary actions for registration.
11. When registering international treaties, an entry is made in the register of international treaties.
The registration book shall be bound, numbered, signed by the responsible person, and sealed by the authorized body. Page numbering of the registration book shall be continuous. Recordings with pencil, fainting, cleaning, and corrections shall not be allowed.
12. After the entry into the State Register of the International Treaties of the Republic of Kazakhstan, the copy of the international treaty officially certified by the authorized body shall be sent to the central body for the implementation of domestic procedures for the entry into force of the given international treaty, and if it is not necessary to implement them, for the purpose of ensuring further measures to comply with the obligations and rights of the Republic of Kazakhstan arising from the given international treaty.
3. Accounting for international treaties
13. Accounting for international treaties shall mean introduction of amendments and additions to the State Register of International Treaties of the Republic of Kazakhstan in order to keep it up-to-date.
14. Amendments and additions shall be introduced in case of modification, termination or suspension of international treaties amended into the given Register.
15. Making amendments and additions to the State Register of International treaties of the Republic of Kazakhstan shall be performed by the authorized body on the basis of an application received through diplomatic channels or on the basis of an application from the central authority, signed by the head of the central authority.
Footnote. Paragraph 15 as reworded by the Resolution of the Government of the Republic of Kazakhstan dated 18.03.2021 No. 145 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).16. When amendments and additions are introduced to the given Register, a record is entered opposite the relevant international treaty with reference to the relevant regulatory legal act, being the basis for modification, termination or suspension of the validity of this international treaty with indication of the date and number of the act.
17. The request of the central body for introduction of amendments and additions to the State Register of International Treaties of the Republic of Kazakhstan shall be submitted to the authorized body in accordance with the procedure provided for in paragraphs 5 and 7 of these Rules.
18. If it is necessary to clarify the information for entry in the State Register of International Treaties, the central body shall send the relevant requests to the authorized body. On the basis of the requests received, the authorized body shall request the necessary information from the interested bodies of foreign states and international organizations acting as depositaries of multilateral international treaties.
19. In case of liquidation, reorganization or transformation of the central body, the authorized body shall introduce the necessary amendments and additions to the State Register of International Treaties on the basis of notification of the central body to which the relevant powers have been transferred.
4. Storage of international treaties
20. The original and officially certified by depositories of multilateral international treaties copies of international treaties entered into the State Register of International Treaties of the Republic of Kazakhstan shall be stored in the archive of international treaties of the Republic of Kazakhstan.
21. The originals of international treaties concluded on behalf of central authorities shall be kept in the archives of central authorities.
| Annex to Rules of maintaining State registerof international treaties of the Republic of Kazakhstan |
Reference to the International Treaty of the Republic of Kazakhstan
№ r/n | List of data | Information state body -developer |
1. | Name of the concluded international treaty | |
2. | Date of conclusion of the international treaty | |
3. | Place of conclusion of the international treaty | |
4. |
Last name, first name, patronymic name (if any) and | |
5. |
Last name, first name, patronymic name (if any) and | |
6. | Details of the regulatory legal act of the Republic of Kazakhstan on adoption of the text, signing of the international treaty, as well as on the granting of powers to enforce these acts | |
7. |
Name of the central |
The first head of the state body
_________________/_________________
signature
print name
________
date