On approval of the Rules for issuing passes for the entry into territorial waters (sea) and internal waters of the Republic of Kazakhstan of Kazakhstani small-sized self-propelled and non-self-propelled (above-water and underwater) vessels (vehicles) and vehicles on ice

New Unofficial translation

Resolution of the Government of the Republic of Kazakhstan dated January 21, 2014 No. 19.

      Unofficial translation

      In accordance with Article 48 of the Law of the Republic of Kazakhstan dated January 16, 2013 "On the State Border of the Republic of Kazakhstan", the Government of the Republic of Kazakhstan HEREBY RESOLVES:

      1. To approve the attached Rules for issuing passes to the territorial waters (sea) and internal waters of the Republic of Kazakhstan of Kazakhstani small-sized self-propelled and non-self-propelled (above-water and underwater) vessels (vehicles) and vehicles on ice.

      2. To recognize as invalid:

      1) the Resolution of the Cabinet of Ministers of the Republic of Kazakhstan dated January 4, 1994 No. 20 “On approval of the Instruction on the procedure for issuing documents for the exit (release) of watercrafts, vehicles on ice from their bases and the procedure for equipping berths, wharves and basing points for watercrafts, vehicles on ice and the Rules of the border regime at checkpoints across the State border of the Republic of Kazakhstan” (SAPG of the Republic of Kazakhstan, 1994, No. 1, Article 8);

      2) paragraph 2 of the Appendix to the Decree of the Government of the Republic of Kazakhstan dated July 27, 2000 No. 1132 "On measures for improving the service for the passengers of international flights at the airports of the Republic of Kazakhstan" (CAPG of the Republic of Kazakhstan, 2000, No. 31, Art. 383).

      3. This Resolution shall enter into force upon expiry of ten calendar days after the day of its first official publication.

      Prime-Minister
of the Republic of Kazakhstan
S. Akhmetov

  Approved
by the Resolution
of the Government of the
Republic of Kazakhstan
dated January 21, 2014 No. 19

Rules for issuing passes for the entry into territorial waters (sea) and internal waters of the Republic of Kazakhstan of Kazakhstani small-sized self-propelled and non-self-propelled (above-water and underwater) vessels (vehicles) and vehicles on ice

      Footnote. Rules is in the wording of the Resolution of the Government of the Republic of Kazakhstan dated January 25, 2019 No. 16 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

1. General provisions

      1. These Rules for issuing passes for the entry into the territorial waters (sea) and internal waters of the Republic of Kazakhstan of Kazakhstani small-sized self-propelled and non-self-propelled (above-water and underwater) vessels (vehicles) and vehicles on ice (hereinafter- the Rules) shall determine the procedure for issuing by the Border service of the National Security Committee of the Republic of Kazakhstan (hereinafter referred - the Border service) of passes for the entry into territorial waters (sea) and internal waters of the Republic of Kazakhstan of Kazakhstani small-sized self-propelled and non-self-propelled (above-water and underwater) vessels (vehicles) and vehicles on ice, as well as foreign self-propelled and non-self-propelled (above-water and underwater) vessels (vehicles), vehicles on ice, which are temporarily being operated in the territorial waters (sea) and internal waters of the Republic of Kazakhstan (hereinafter-the pass).

      2. Individuals and legal entities (hereinafter-the initiators) when leaving the port (base point), staying in the territorial waters (sea) and internal waters of the Republic of Kazakhstan and returning to the port (base point) on Kazakhstani small-sized self-propelled and non-self-propelled (above-water and underwater ) ships (vehicles) and vehicles on ice, at the request of representatives of the Border Service shall present the passes issued by the Border Service and identification documents for verification.

      3. When conducting search activities in the border area, the Border Service shall have the right to introduce restrictions or temporarily suspend the validity of passes, of which state and local executive bodies are notified.

2. Procedure for issuing passes

      4. To obtain passes, the initiators shall submit the following documents in electronic format through the "electronic government" web portal (hereinafter-the portal) to the Border Service:

      1) submission for obtaining passes for the entry into territorial waters (sea) and internal waters of the Republic of Kazakhstan of Kazakhstani small-sized self-propelled and non-self-propelled (above-water and underwater) vessels (vehicles) and vehicles on ice (hereinafter-the submission) with the list of persons attached to it according to the form in accordance with Appendix 1 to the Rules;

      2) copies of permits from the relevant authorized bodies for conducting fishing, research, prospecting or other activities in the territorial waters (sea) and internal waters.

      5. State bodies and organizations that intend to conduct marine scientific research and (or) exploration activities in territorial waters (sea), when making submissions through the portal to the Border Service shall additionally submit information on:

      1) the nature and objectives of the project, description of scientific equipment;

      2) the method and means to be used, including the name, type and class of vessels, precise geographical data on the areas in which the project will be conducted;

      3) the date of arrival and departure of research vessels or, as appropriate, the placement and removal of equipment;

      4) name of the organization, manager or person responsible for the project.

      6. The introduced submissions must be agreed with the territorial subdivisions of the National Security Committee of the Republic of Kazakhstan and the internal affairs bodies of the Republic of Kazakhstan.

      The terms of approval should not exceed ten working days from the date of receipt of the submission.

      7. If it is established that the documents specified in paragraphs 4 and 5 of the Rules have not been submitted in full, the Border Service within two working days shall give a written reasoned refusal to further consideration of the submission in the form according to Appendix 2 to the Rules.

      8. The term for consideration of the submission and the issuance of a pass by the Border Service through the portal shall be no more than fifteen working days from the date of introduction of the submission by the initiator.

      9. The issuance of a pass shall be carried out by the Border Service in the form, according to Appendix 3 to the Rules, through the portal in electronic format.

      10. The pass shall be issued for the period specified in the submission, taking into account the validity period of the permit of the relevant authorized bodies to conduct fishing, research, prospecting or other activities, but not more than one calendar year.

      After the expiration date, the pass shall become invalid.

      11. In case of loss (damage) of the pass, the initiator shall submit a written application for re-issuance of the pass to the Border Service, as well as a written explanation on the fact of its loss.

      The Border Service shall reissue the pass within no more than three working days.

      12. In cases of detection of offenses related to the violation of the regime of the State Border of the Republic of Kazakhstan, the regime of territorial waters (sea) and internal waters by the initiators, as well as adoption of measures to stop illegal activities by the authorized bodies, the passes previously issued to them shall be confiscated by the Border Service.

  Appendix 1
to the Rules for issuing passes
for the entry to territorial
waters (sea) and internal waters of
the Republic of Kazakhstan
of Kazakhstani small-sized
self-propelled and non-self-
propelled (above-water and
underwater) vessels (vehicles)
and vehicles on ice

      Footnote. Appendix 1 as amended by the Resolution of the Government of the Republic of Kazakhstan dated 29.04.2020 No. 259 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

  Form

Submission for obtaining passes for the entry into territorial waters (sea) and internal waters of the Republic of Kazakhstan of Kazakhstani small-sized self-propelled and non-self-propelled (above-water and underwater) vessels (vehicles) and vehicles on ice

(to the head of the territorial subdivision __________________)
SUBMISSION
I hereby request to issue a pass for the entry into the sea)
_________________________________________________________________
(name of a legal entity, surname, name, patronymic of an individual)
With the purpose ___________________________________________________
Time ____________________________________________________________
Being in the territorial waters in the area
________________________________________________________________
Type of watercraft _________________________________________________
Registration No. of the watercraft _____________________________________
Place of registration of the watercraft): _________________________________
For the citizens of the Republic of Kazakhstan (foreigners and stateless persons)
according to the attached list in the number of ______________ copies
The following documents shall be attached to the submission)
_________________________________________________________________

Position

signature __________________________
__________________________________
date, month, year
Seal place

2 (back side)

List of citizens of the Republic of Kazakhstan (foreigners, stateless persons) for obtaining passes for the entry to the territorial waters (sea) and internal waters of the Republic of Kazakhstan of Kazakhstani small-sized self-propelled and non-self-propelled (above-water and underwater) vessels (vehicles) and vehicles on ice

Full name

Date, month, year of birth

Address of residence

Place of work, position

No. of identification document

Citizenship

Note

1








2








3
















      Total: _____________________________________________________________

      (total number of persons - in words)

      In this case, technical means will be involved:

Name of technical means

State registration number

Full name of the captain

Note

1





2





  Appendix 2
to the Rules for issuing passes for
the entry to territorial waters (sea)
and internal waters of the
Republic of Kazakhstan
of Kazakhstani small-sized
self-propelled and non-self-
propelled (above-water and
underwater) vessels (vehicles)
and vehicles on ice

      Footnote. Appendix 2 as amended by the Resolution of the Government of the Republic of Kazakhstan dated 29. 04.2020 No. 259 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

  Form

Notification on the refusal to issue a pass for the entry of Kazakhstani vessels into the territorial waters (sea), internal waters of the Republic of Kazakhstan

  Where _____________________
____________________________
To whom ____________________
(address and initiator’s background
information)

NOTIFICATION

      _________________________________________________________ to your application

      dated __ ___________ 20___, we hereby notify on the refusal to issue a pass for the entry into territorial waters (sea), internal waters of the Republic of Kazakhstan in connection with incomplete submission of documents ________________________________________________

      ________________________________________________________________________

      (type of a small-sized self-propelled and non-self-propelled (above-water and underwater) vessel (vehicle) and a vehicle on ice)

      Head of the territorial subdivision ________________________________

      signature, full name of the official

      "_____" ______ 20 ___ year.

      (date, month, year)

      S.P.

  Appendix 3
to the Rules for issuing passes
for the entry to territorial waters
(sea) and internal waters of the
Republic of Kazakhstan
of Kazakhstani small-sized
self-propelled and non-self-
propelled (above-water and
underwater) vessels (vehicles)
and vehicles on ice

      Footnote. Appendix 3 is in the wording of the Resolution of the Government of the Republic of Kazakhstan dated 29. 04.2020 No. 259 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

  Form

Pass for the entry into territorial waters (sea) and internal waters of the Republic of Kazakhstan of Kazakhstani small-sized self-propelled and non-self-propelled (above-water and underwater) vessels (vehicles) and vehicles on ice

COUNTERFOIL No. ______________
issued _____________________
to the resident ___________________
allowed entry to the sea and internal waters in 20____________
being in territorial waters in the area _______
___________________________________
travel route ___________________
purpose of entry into the sea ________________
exit time _______________________
arrival time ________________________
type of the watercraft _________________ registration number of the watercraft _________
place of registration of the watercraft: _______
basis __________________________
date of issue_______________________
Chief of the border department "_______"
___________________________________
___________________________________
place of seal

PASS No. _______________
issued____________________
to the resident _________________
allowed entry to the sea and internal waters in 20__________
being in territorial waters in the area _________________________________
travel route ______________________
purpose of entry into the sea ___________
exit time: _______________________
arrival time: ________________________
type of the watercraft ________________
registration number of the watercraft ______
place of registration of the watercraft ______
the pass is valid upon presentation of an
identity document
No. ______
date of issue _______________________
Chief of the border department "____"
___________________________________
place of seal


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