On approval of the Rules for organizing inspections carried out by the International Atomic Energy Agency in the territory of the Republic of Kazakhstan

Invalidated Unofficial translation

Decree of the Government of the Republic of Kazakhstan dated April 15, 2016 No. 227. Abolished by the Decree of the Government of the Republic of Kazakhstan dated September 22, 2023 No. 830

      Unofficial translation

      Footnote. Abolished by the Decree of the Government of the Republic of Kazakhstan dated September 22, 2023 No. 830

      In accordance with supbaragraph 8) of article 5 of the Law of the Republic of Kazakhstan dated January 12, 2016 "On use of nuclear energy" the Government of the Republic of Kazakhstan HEREBY DECREES:

      1. To approve the attached Rules for organizing inspections carried out by the International Atomic Energy Agency in the territory of the Republic of Kazakhstan.

      2. This decree shall come into force upon expiry of ten calendar days from the date of its first official publication.

      Prime Minister
      of the Republic of Kazakhstan К. Massimov

  Approved by decree of the
Government of the
Republic of Kazakhstan
dated April 15, 2016 no.227

Rules for organizing inspections carried out by the International Atomic Energy Agency in the territory of the Republic of Kazakhstan

1. General provisions

      1. These Rules organizing inspections carried out by the International Atomic Energy Agency in the territory of the Republic of Kazakhstan (hereinafter referred to as the Rules) have been developed in accordance with supbaragraph 8) of article 5 of the Law of the Republic of Kazakhstan dated January 12, 2016 "On use of nuclear energy" and shall determine the procedure of organizing inspections carried out by the International Atomic Energy Agency in the territory of the Republic of Kazakhstan in accordance with the Agreement between the Republic of Kazakhstan and the International Atomic Energy Agency on applications of guarantees in connection with the Treaty on the Non-Proliferation of Nuclear Weapons, signed on July 26, 1994 and ratified by the Order of the President of the Republic of Kazakhstan dated June 19, 1995 no. 2344 (hereinafter referred to as the Treaty of Guarantees), and the Additional protocol to the Treaty of Guarantees, signed on February 6, 2004 and ratified by the Law of the Republic of Kazakhstan dated February 19, 2007 no. 229.

      2. The following terms and definitions shall be used in these Rules:

      1) accounting records means documents including information on changes in the inventory of nuclear materials, the results of measurements of nuclear material, refinements and corrections made in determining changes in inventories of nuclear materials, recorded inventory quantities of nuclear material and actually available quantities of nuclear material;

      2) operating records means documents including operational data of a nuclear facility, on the basis of which the quantities and the composition of nuclear material are determined;

      3) authorized body means the central executive body performing management in the field of nuclear energy use.

2. Organizing inspections carried out by the International Atomic Energy Agency in the territory of the Republic of Kazakhstan

      3. The International Atomic Energy Agency (hereinafter referred to as the IAEA) for carrying out an inspection in the territory of the Republic of Kazakhstan shall preliminarily send a written notification to the authorized body.

      4. The authorized body upon receipt of the IAEA notification on carrying out the inspection, shall perform the following activities:

      1) within one working day sends to the inspected organization a notification of the upcoming inspection. The notification shall indicate the type of inspection, passport details of the IAEA inspectors, the timing of the inspection and the list of activities planned by the IAEA inspectors in accordance with article 82 of the Treaty on Guarantees;

      2) coordinates interaction of the inspected organization with the IAEA inspectors.

      When carrying out inspections for special purposes in accordance with article 70 of the Treaty on Guarantees, the authorized body shall ensure the support of the IAEA inspectors.

      5. The inspected organization upon receipt of a notification on a planned IAEA inspection, shall:

      1) appoint persons, responsible for work with the IAEA inspectors;

      2) develop an action plan for carrying out the IAEA inspection;

      3) notify the National Security Committee of the Republic of Kazakhstan on the forthcoming inspection.

      6. When carrying out the IAEA inspection, the inspected organization shall:

      1) provide a premise for works of the IAEA inspectors;

      2) provide the IAEA inspectors with the required means of individual protection and hygiene;

      3) give a briefing on the health and safety regulations;

      4) provide the IAEA inspectors with necessary documentation, including the accounting records and operating records as of the date preceding the date of inspection, signed by the person, responsible in the organization for accounting and control of nuclear materials, and information related to organizational structure of the enterprise;

      5) provide the IAEA inspectors with communications and transport for travelling in the catchment area;

      6) ensure the support of the IAEA inspectors in the catchment area;

      7) ensure performance of activities, scheduled by the IAEA inspectors at the time of carrying out the inspection;

      8) provide the access to the location of inspection;

      9) take measures to facilitate the examination by inspectors of accounting documents if they are not in English, Spanish, Russian or French;

      10) provide the conditions for IAEA inspection work, including the installation and use of measuring and surveillance equipment, the installation of printing and other devices for indicating interference, conducting visual monitoring and photographing agreed locations;

      11) in the case of sampling by IAEA inspectors, carry out their storage and transfer to the carrier providing the IAEA transport services, within the agreed time.

      7. After the inspection, the organization shall submit to the authorized body a report on the work carried out by the IAEA inspectors within 10 working days.

      8. The authorized body shall notify the organization about the results of inspection carried out by the IAEA inspectors within 10 working days upon receipt of information from the IAEA.

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