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 № 474 dated May 3, 2011 |
Rules
for reimbursement of differences to officials sent to work in international organizations
from the Republic of Kazakhstan, who previously held positions of diplomatic service personnel
Footnote. The Rules are as amended by the resolution of the Government of the Republic of Kazakhstan dated 22.08.2024 № 682 (comes into force ten calendar days after the day of its first official publication).
Chapter 1. General provisions
1. These Rules for reimbursement of differences to officials sent to work in international organizations from the Republic of Kazakhstan who previously held positions of diplomatic service personnel (hereinafter referred to as the Rules) have been developed in accordance with the Law of the Republic of Kazakhstan "On the Diplomatic Service of the Republic of Kazakhstan" (hereinafter referred to as the Law) and determine the procedure for reimbursing the difference in salaries, social, pension and medical benefits provided for in paragraphs 3, 4, 6, 8, 9, 10, 11, 12 and 13 of Article 25 and Article 29 of the Law in terms of annual monetary compensation for the cost of representative equipment for officials sent to work in international organizations from the Republic of Kazakhstan who previously held positions of diplomatic service personnel (hereinafter referred to as employees of international organizations).
2. Reimbursement of the difference is made at the expense and within the limits of the funds allocated for these purposes in the republican budget under the relevant budget program of the Ministry of Foreign Affairs of the Republic of Kazakhstan (hereinafter referred to as the Ministry).
In the current financial year, reimbursement of the difference to employees of international organizations is calculated from the date of commencement of work in the international organization, determined by the employment contract or internal act of the international organization.
3. Reimbursement of the difference to employees of international organizations for expenses incurred in the previous year is not allowed in the current financial year.
Note: the financial and reporting year is the calendar year - from January 1 to December 31 inclusive.
4. Reimbursement of the difference provided for in paragraphs 3, 4, 6, 8, 9, 10, 11, 12 and 13 of Article 25 of the Law, as well as payment of official salaries in foreign and national currencies are not made to employees of international organizations whose headquarters are located in the territory of the Republic of Kazakhstan.
Chapter 2.
Procedure for reimbursement of the difference in salary, social, pension and medical benefits,
as well as in terms of annual monetary compensation for the cost of representative equipment
5. Reimbursement of the difference in salary, social, pension and medical benefits for employees of international organizations is carried out for the equivalent position of the personnel of the foreign institution of the Republic of Kazakhstan in the relevant foreign state (hereinafter referred to as the foreign institution), established by decision of the Ministry in accordance with paragraph 3 of Article 32-1 of the Law.
6. Official salaries in national currency for employees of international organizations are established in the amounts provided for the personnel of the foreign institution in accordance with the unified system of remuneration of employees for all bodies maintained at the expense of the state budget, approved by the resolution of the Government of the Republic of Kazakhstan dated October 16, 2017 № 646 dsp (hereinafter - the unified system of remuneration).
7. An employee of an international organization no later than the 15th day of the reporting month, and in December of the reporting year - no later than the 3rd day, submits to the foreign institution a copy of the document of the international organization on recording the use of working time of an employee of the international organization (hereinafter - the timesheet).
The foreign institution within 3 (three) calendar days from the date of receipt of the timesheet sends it to the Ministry.
Based on the timesheet and the decision of the Ministry under paragraph 5 of these Rules, the Ministry monthly, before the 28th day of the reporting month, in the manner prescribed by law, transfers the corresponding amounts in national currency to the personal accounts of employees of international organizations.
8. Reimbursement of the difference in official salaries in foreign currency for employees of international organizations is made in the event that the monetary allowance of employees of international organizations is less than the official salary of the personnel of the foreign institution, taking into account the established monetary allowances in accordance with the unified system of remuneration.
9. To receive compensation for the difference in foreign currency, an employee of an international organization shall submit to the foreign institution a certificate from the relevant international organization in the form according to Appendix 1 to these Rules with the mandatory indication of the amounts of funds actually received for payment of:
1) wages in the international organization for the reporting period (monthly) broken down by the amounts of the official salary and established payments;
2) expenses on the list of the guaranteed volume of free medical care and in the system of compulsory social medical insurance;
3) transportation expenses related to the assignment to work in an international organization upon appointment to a position, the return of an employee of an international organization upon completion of the term of work, as well as the provision of annual paid leave or the death of a family member;
4) expenses for pre-school education and training, primary, basic secondary and general secondary education of children during the period of work in the international organization;
5) annual monetary compensation for the cost of representative equipment;
6) expenses in the event of the occurrence of events provided for in paragraphs 8, 9, 10, 11, 12 and 13 of Article 25 of the Law;
7) airport, insurance and commission fees, as well as the carriage of baggage with a total weight of no more than 80 (eighty) kilograms, excluding the weight of carry-on baggage, for an employee of an international organization and each accompanying family member, but no more than 240 (two hundred forty) kilograms per family, when traveling from the Republic of Kazakhstan to the country where the international organization is located and back (upon completion of work in an international organization).
If funds for any of the above expenses in an international organization are not paid separately and are part of the salary, this amount is also reflected separately in the provided certificate.
The certificate provided by an employee of an international organization is signed by the head of the financial service of the international organization and certified by its seal.
The certificate is issued no earlier than 30 (thirty) calendar days before the employee of the international organization applies for reimbursement of the difference to the foreign institution.
10. The employee of the international organization attaches the following supporting documents to the certificate:
1) for expenses specified in subparagraph 2) of paragraph 9 of these Rules - copies of the insurance policy and insurance contract (if any), in the absence of the above documents - a certificate from the international organization containing information on the volume of medical services rendered, or other documents confirming receipt of the guaranteed volume of free medical care according to the list and in the compulsory social health insurance system;
2) for expenses specified in subparagraph 3) of paragraph 9 of these Rules - air tickets and boarding passes, an invoice or receipt;
3) for expenses specified in subparagraph 4) of paragraph 9 of these Rules - a copy of the contract for the education of children (if any) and copies of receipts for payment of the relevant educational services;
4) for expenses specified in subparagraph 5) of paragraph 9 of these Rules - a payment document (sales receipt, invoice) confirming the fact of purchase of items of representative equipment;
5) documents confirming the occurrence of events specified in paragraphs 8, 9, 10, 11, 12 and 13 of Article 25 of the Law, in accordance with the Rules for compensation for damage caused to an employee or worker 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 the resolution of the Government of the Republic of Kazakhstan dated October 15, 2003 № 1056;
6) for expenses specified in subparagraph 7) of paragraph 9 of these Rules - a consignment note and (or) a payment document (sales receipt, invoice) confirming the fact of payment of airport, insurance and commission fees, as well as baggage allowance;
7) a certificate of wages for the reporting period (monthly) indicating all payments due in foreign currency, signed and certified by an international organization;
8) a document of the international organization (order and/or certificate) confirming the composition of the accompanying family members of the employee of the international organization;
9) copies of identity documents certifying the accompanying family members of the employee of the international organization;
10) an application of the employee of the international organization to confirm the status of a non-working spouse (if any) in the form according to Appendix 2 to these Rules;
11) copies of timesheets for the reporting period (monthly).
11. An employee of the international organization shall submit to the foreign institution on a semi-annual basis the documents specified in paragraphs 9 and 10 of these Rules, within the following timeframes:
for the first half of the year - no later than July 1;
for the second half of the year - no later than November 25.
12.In the event of termination of employment in an international organization during the reporting year, an employee of an international organization shall provide the documents specified in paragraphs 9 and 10 of these Rules no later than 14 (fourteen) calendar days prior to the date of termination of employment in an international organization, with the exception of transportation costs and medical expenses, which must be provided no later than 3 (three) calendar days prior to the date of termination of employment in an international organization, with the exception of cases of force majeure.
13. An employee of an international organization whose headquarters are located in the territory of the Republic of Kazakhstan shall provide the Ministry with the documents specified in subparagraph one of paragraph 9, subparagraph 5) of paragraph 9 and subparagraph 4) of paragraph 10 of these Rules.
14. After an employee of an international organization has submitted the documents stipulated by these Rules, the foreign institution shall check the completeness of the documents provided and, if the documents have been provided in full:
1) calculate the amount of the difference to be reimbursed for the employee of the international organization in comparison with the personnel of the foreign institution in an equivalent position;
2) send the submitted documents and an application for payments for each employee of the international organization to the Ministry in the form according to Appendix 3 to these Rules within the following timeframes:
for the first half of the year – no later than July 15;
for the second half of the year – no later than December 5.
In case of submission of false and (or) incomplete information, the foreign institution shall return the documents to the employee of the international organization to bring the package of documents into compliance with the requirements of these Rules within a period of no more than 3 (three) working days, but no later than the deadlines established in paragraphs four and five of part one of this paragraph.
15. The Ministry shall transfer the relevant amounts to foreign institutions within 30 (thirty) working days from the date of receipt of the application for payments.
For employees of international organizations whose headquarters are located in the territory of the Republic of Kazakhstan, the amount of the difference in the annual monetary compensation for the cost of representative equipment shall be transferred by the Ministry to their personal accounts in national currency at the official exchange rate of the National Bank of the Republic of Kazakhstan on the date of purchase of the items of representative equipment.
16. The foreign institution, within 10 (ten) working days from the date of receipt of funds in accordance with paragraph 15 of these Rules, transfers the corresponding amounts to the personal accounts of employees of international organizations.
17. Reimbursement of annual monetary compensation for the cost of representative equipment is made at the rate of 50 (fifty) percent of the official salary in foreign currency of an employee of an international organization for an equivalent position of personnel of the foreign institution.
18. Pension provision for employees of international organizations is made in accordance with the legislation of the Republic of Kazakhstan in terms of personnel of the diplomatic service working in foreign institutions.
| Appendix 1 to the Rules for reimbursement of differences to officials sent to work in international organizations from the Republic of Kazakhstan who previously held positions of diplomatic service personnel |
Form
Certificate
1. Surname, first name, patronymic (if any) of the employee of the international
organization:_________________________________________________________
2. Name of the international organization: ___________________________
____________________________________________________________________
3. Position in the international organization: _____________________________
4. Reporting period: from ____________________ to __________________________
5. Name of the currency (US dollar/euro): _____________________________
№ | Name of payments | Amount of payments in an international organization | Note |
1 | 2 | 3 | 4 |
1. | The amount of salary in an international organization for the reporting period (monthly) broken down by the amounts of official salary and established payments | ||
2. | Expenses for the list of guaranteed volume of free medical care and in the system of compulsory social health insurance | ||
3. | Transportation expenses related to sending to work in an international organization upon appointment to a position, returning an employee of an international organization upon completion of the term of work, providing annual paid leave, with the death of a family member | ||
4. | Expenses for educating children, including: | ||
Expenses for preschool education and training | |||
Expenses for primary education | |||
Expenses for basic secondary education | |||
Expenses for general secondary education | |||
5. | Annual monetary compensation for the cost of representative equipment | ||
6. | Expenses for payment of airport, insurance and commission fees, as well as for the carriage of baggage | ||
Additionally, upon the occurrence of events stipulated by paragraphs 8, 9, 10, 11, 12 and 13 of Article 25 of the Law of the Republic of Kazakhstan “On the Diplomatic Service of the Republic of Kazakhstan” | |||
7. | |||
Total: |
Head of the financial service of the international organization
________________________________________________________________________
(last name, first name, patronymic (if any), signature)
Place of seal
Form
Application for confirmation of the status of a non-working spouse of an employee of an international organization
I, __________________________________________________________, hereby
(last name, first name, patronymic (if any), position)
confirm that my spouse ______________________________________
(last name, first name, patronymic (if any)
does not work in the Republic of Kazakhstan and (or) abroad.
In the event of employment of my spouse in the Republic of Kazakhstan and (or) abroad,
I undertake to promptly notify the head of the foreign institution in writing.
_______________________________________________________________________
(signature of the employee of the international organization)
________________
(date of completion)
Form
Name of the foreign institution of the Republic of Kazakhstan
An application for payments
1. Surname, first name, patronymic (if any) of the employee of the international
organization: _________________________________________________________
2. Name of the international organization: ____________________________
3. Position in the international organization: ______________________________
4. Reporting period: from ____________________ to __________________________
5. Equivalent position in the foreign institution of the Republic of Kazakhstan:
____________________________________________________________________
6. Name of the currency (US dollar/euro): _____________________________
№ | Name of the payments | Amount of payments in a foreign institution of the Republic of Kazakhstan for an equivalent position | Amount of payments in an international organization | The amount of the difference to be reimbursed from budgetary funds |
1 | 2 | 3 | 4 | 5 |
1. | The amount of salary in an international organization for the reporting period (monthly) broken down by the amounts of official salary and established payments | |||
2. | Expenses for the list of guaranteed volume of free medical care and in the system of compulsory social health insurance | |||
3. | Transportation expenses related to sending to work in an international organization upon appointment to a position, returning an employee of an international organization upon completion of the term of work, providing annual paid leave, the death of a family member | |||
4. | Expenses for educating children, including: | |||
Expenses for preschool education and training | ||||
Expenses for primary education | ||||
Expenses for basic secondary education | ||||
Expenses for general secondary education | ||||
5. | Annual monetary compensation for the cost of representative equipment | |||
6. | Expenses for payment of airport, insurance and commission fees, as well as for the carriage of baggage | |||
Additionally, upon the occurrence of events stipulated by paragraphs 8, 9, 10, 11, 12 and 13 of Article 25 of the Law of the Republic of Kazakhstan “On the Diplomatic Service of the Republic of Kazakhstan” | ||||
7. | ||||
Total: | ||||
Head of the foreign institution of the Republic of Kazakhstan __________________________
(signature)
Accountant of the foreign institution of the Republic of Kazakhstan _____________________________
(signature)
________________________
(seal, date of completion)
