Unofficial translation
In accordance with subparagraph 10-2) of Article 55 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 to:
1. Approve the attached Rules for exemption from border, customs and other types of control of railway vehicles crossing the State Border of the Republic of Kazakhstan in non-stop transit through the Republic of Kazakhstan.
2. This Resolution shall be enforced ten calendar days after the date of its first official publication.
|
Prime Minister of the Republic of Kazakhstan |
B. Sagintayev |
| Approved by Resolution No. 671 of the Government of the Republic of Kazakhstan dated October 23, 2017 |
Rules
for exemption from border, customs and other types of control of railway vehicles crossing the State Border of the Republic of Kazakhstan in non-stop transit through the Republic of Kazakhstan
Chapter 1. General provisions
1. These Rules for exemption from border, customs and other types of control of railway vehicles crossing the State Border of the Republic of Kazakhstan in non-stop transit through the Republic of Kazakhstan (hereinafter referred to as the Rules) have been developed in accordance with subparagraph 10-2) of Article 55 of the Law of the Republic of Kazakhstan dated January 16, 2013 "On State Border of the Republic of Kazakhstan" (hereinafter referred to as the Law) and define the procedure for exemption from border, customs and other types of control when crossing the State Border in respect of railway vehicles running in non-stop transit through the Republic of Kazakhstan.
2. The following basic concepts shall be used in these Rules:
1) state control bodies - state bodies exercising border, customs and other types of control provided for by the Law;
2) the authorized body - the central executive body exercising management in railway transport, also within the limits provided for by the legislation of the Republic of Kazakhstan, cross-sector co-ordination;
3) carrier - a person performing work in the carriage of goods or passengers, baggage, cargo luggage, postal items and items indicated in the carriage documents, possessing the rolling stock, including traction vehicles, on the basis of ownership right or other legal grounds;
4) national infrastructure operator - a legal entity, whose controlling stake is owned by the national railway company, which operates, maintains, upgrades, builds the main railway network and provides services to the main railway network, and also providing priority military carriages.
Chapter 2. The procedure for exemption from border, customs and other types of control of railway vehicles crossing the State Border of the Republic of Kazakhstan in non-stop transit through the Republic of Kazakhstan
3. Border, customs and other types of control (hereinafter referred to as state control) shall not be performed when a person crosses the State Border by a railway vehicle non-stop:
from the territory of the Republic of Kazakhstan in transit through the territory of a foreign state to another part of the territory of the Republic of Kazakhstan;
from the territory of a foreign state in transit through the territory of the Republic of Kazakhstan to another part of the territory of the same foreign state.
4. For the exemption from undergoing state control when crossing the State Border of the Republic of Kazakhstan in the cases referred to in paragraph 3 of these Rules, the carrier shall, thirty calendar days before the start of the calendar year, send to the border service of the National Security Committee of the Republic of Kazakhstan and the authorized body information about the trains planned for non-stop passage through the territory of the Republic of Kazakhstan, with the following materials attached:
1) a diagram of the railway section, indicating its length and information about the owner, provided by the national infrastructure operator, on which non-stop trains are planned to run in the next calendar year;
2) information about passenger trains that will run non-stop in the next calendar year according to the schedule of passenger trains in the Republic of Kazakhstan, or information about the number of freight trains offered for non-stop running through the territory of the Republic of Kazakhstan, indicating their nationality in accordance with the trains formation plan.
5. In case of changes in information and / or materials provided to the border service of the National Security Committee of the Republic of Kazakhstan and the authorized body in accordance with paragraph 4 of these Rules, the carriers shall, ten calendar days before the introduction of such changes, re-submit updated information and / or materials.
6. The carriers shall ensure the non-stop running of railway vehicles, control over compliance with the ban on disboarding (boarding) of passengers, unloading (loading) of cargoes and goods.
7. For the localization and liquidation of natural and man-made emergency situations, the laws of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan may provide for a different procedure for crossing the State Border by emergency rescue units.
