Unofficial translation
In accordance with subparagraph 34-2) of Article 11 of the Law of the Republic of Kazakhstan dated April 11, 2014 “On Civil Protection”, the Government of the Republic of Kazakhstan RESOLVES:
1. To approve the attached Rules for the provision of humanitarian assistance.
2. This resolution shall be enforced after ten calendar days after the day its first official publication.
| Prime Minister of the Republic of Kazakhstan | A. Mamin |
| Approved by the Government of the Republic of Kazakhstan dated October 8, 2019 N 743 |
Rules for the provision of humanitarian assistance
Footnote. The rules in the wording of the Decree of the Government of the Republic of Kazakhstan dated 07.12.2021 No. 869 (effective after ten calendar days after the date of its first official publication).
Chapter 1. General provisions
1. These Rules for the Provision of Humanitarian Assistance (hereinafter referred to as the Rules) have been developed in accordance with Article 11, subparagraph 34-2) of the Law of the Republic of Kazakhstan "On civil protection" (hereinafter referred to as the Law) and shall determine the procedure for the provision of humanitarian assistance by the Republic of Kazakhstan and the Republic of Kazakhstan.
2. The following concepts shall be used in these Rules:
1) humanitarian assistance provided by the Republic of Kazakhstan - assistance provided by the Republic of Kazakhstan free of charge to other states in order to eliminate natural, man-made and social emergencies, an environmental emergency and environmental disaster in the territory of other states;
2) humanitarian assistance provided to the Republic of Kazakhstan - property provided free of charge to the Republic of Kazakhstan in the form of food, consumer goods, machinery, equipment, equipment, medicines and medical devices, other property sent from foreign countries and international organizations to improve the living conditions of the population, as well as prevention and elimination of military, environmental, natural and man-made emergencies distributed by the Government of the Republic of Kazakhstan through authorized organizations;
3) authorized body in the field of state material reserve - the central executive body exercising executive and control functions, as well as the management of the state material reserve system;
4) authorized organization - an organization under the jurisdiction of the central state body of the Republic of Kazakhstan, carrying out activities in the relevant industry;
5) international organization - interstate or intergovernmental organization;
6) Commission on international humanitarian assistance (hereinafter referred to as the Commission) - advisory and advisory body under the Government of the Republic of Kazakhstan on international humanitarian assistance, formed to develop proposals on issues within the competence of the Government of the Republic of Kazakhstan;
7) recipient of humanitarian assistance:
when providing humanitarian assistance to the Republic of Kazakhstan - a foreign state receiving humanitarian assistance;
in the provision of humanitarian assistance to the Republic of Kazakhstan - the Republic of Kazakhstan receiving humanitarian assistance;
8) personnel for the provision of humanitarian assistance (hereinafter referred to as personnel) - a representative or representatives of the relevant central government body sent to a foreign country for the transfer of humanitarian assistance in commercial form.
3. Humanitarian assistance shall be provided in cash or commodity form.
Humanitarian assistance in good form shall not include weapons and military equipment that can be used to cause serious bodily harm or cause death.
The sale (sale, donation, exchange) of humanitarian assistance provided to the Republic of Kazakhstan shall not be allowed.
4. Humanitarian assistance must comply with security requirements, including quarantine phytosanitary requirements established by the legislation of the Republic of Kazakhstan.
Chapter 2. Procedure for the provision of humanitarian assistance by the Republic of Kazakhstan
Paragraph 1. Consideration of humanitarian assistance
5. The grounds for considering the issue of humanitarian assistance shall be appeals from a foreign state or an international organization or instructions from the President of the Republic of Kazakhstan.
6. Authorized body in the field of foreign policy activities:
1) if an appeal for humanitarian assistance is received within three working days, send information about the appeal to the Prime Minister of the Republic of Kazakhstan and (or) the Chairman of the Commission;
2) request from the recipient of humanitarian assistance the details necessary for the provision of humanitarian assistance within three working days from the moment of the occurrence of the grounds provided for in paragraph 5 of these Rules.
7. Consideration of the appeal or instructions of the President of the Republic of Kazakhstan on the provision of humanitarian assistance shall be carried out by the Commission.
8. Meetings of the Commission shall be held in accordance with the Regulations on the Commission approved by the order of the Prime Minister of the Republic of Kazakhstan.
9. Proposals on the possibility of providing humanitarian assistance, as well as its type, nomenclature and volume, shall be submitted by authorized bodies in the field of foreign policy activities, budget execution, in the field of civil protection, in the field of state material reserve, in the field of transport and other interested bodies to the working body of the Commission no later than three working days before the date of the meeting of the Commission.
10. When considering the appeal or instructions of the President of the Republic of Kazakhstan on the provision of humanitarian assistance, the Commission shall take into account the foreign policy and foreign economic interests of the Republic of Kazakhstan, the financial capabilities of providing such assistance, including the release of material assets from the state material reserve, as well as the possibility of sending personnel to provide humanitarian assistance.
11. In the presence of a positive recommendation of the Commission for the provision of humanitarian assistance, the relevant central state body shall be developing a draft decision of the Government of the Republic of Kazakhstan on the provision of humanitarian assistance and, in accordance with the procedure established by the Law, shall submit it to the Government of the Republic of Kazakhstan.
12. The decision to provide humanitarian assistance shall be made by the Government of the Republic of Kazakhstan.
Paragraph 2. Procedure for the provision of humanitarian assistance
13. To organize the provision of humanitarian assistance:
1) the authorized body in the field of foreign policy activities shall:
take measures through diplomatic channels to ensure the assistance of the authorities of the recipient of humanitarian assistance, and, if necessary, of the authorities of third States in the implementation of measures for the delivery and transfer of humanitarian assistance to its recipient;
ensure, if necessary, the participation of personnel in the transfer of humanitarian assistance in commercial form;
Ensure interaction with national and international structures established to coordinate emergency response activities;
2) the authorized body in the field of transport ensure the delivery of humanitarian assistance in commercial form to the recipient of humanitarian assistance, with the exception of delivery by air.
In the case of delivery of humanitarian assistance in commercial form by air, delivery to the recipient of humanitarian assistance shall be carried out by the relevant central state body in accordance with the procedure established by the Law.
Coordination of the delivery of humanitarian assistance in commercial form by air shall be carried out by the authorized body in the field of transport;
3) the authorized body in the field of customs affairs ensure that customs administration and customs control shall be carried out as a matter of priority in relation to goods exported as humanitarian assistance;
4) the central authorized body for budget execution provide financing of expenses from the emergency reserve of the Government of the Republic of Kazakhstan for the provision of humanitarian assistance;
5) the authorized body in the field of the state material reserve ensure the release of material assets from the state material reserve for the provision of humanitarian assistance.
In the absence of the necessary goods in the state material reserve, the provision of humanitarian assistance shall be provided by the relevant central state body.
14. To provide humanitarian assistance in accordance with the Rules for the use of reserves of the Government of the Republic of Kazakhstan and local executive bodies, approved by resolution of the Government of the Republic of Kazakhstan dated April 25, 2015 No. 325 (hereinafter referred to as the Rules for the use of reserves), funds shall be allocated from the reserve of the Government of the Republic of Kazakhstan in cases:
1) absence of necessary goods from the relevant central state body for their purchase in accordance with the legislation of the Republic of Kazakhstan;
2) payment of customs payments in accordance with the legislation of the Republic of Kazakhstan;
3) procurement of humanitarian assistance delivery services in commercial form by air in accordance with the legislation of the Republic of Kazakhstan.
15. To organize the provision of humanitarian assistance in commercial form, the authorized body in the field of foreign policy activities send the details of the recipient of humanitarian assistance to the relevant central state body within three working days from the date of their receipt.
16. The relevant central state body shall, within three working days after the decision of the Government of the Republic of Kazakhstan on the provision of humanitarian assistance, submit to the authorized body in the field of transport the necessary information on the type, type and quantity of transport, loading schedule, loading points and destinations.
17. Humanitarian assistance in commercial form shall be accepted by transport organizations for transportation as a matter of priority without prior payment.
18. The central government body concerned shall coordinate humanitarian assistance and, in the case of commercial humanitarian assistance, shall send personnel to a foreign country for transfer.
19. The transfer of humanitarian assistance in commercial form shall be carried out by personnel on the basis of the act of acceptance.
20. Reimbursement of the cost of expenses of transport organizations for the transportation of humanitarian assistance in commercial form, as well as expenses related to the shipment and delivery of material assets, shall be carried out in accordance with the Rules for the use of reserves.
21. The use of the state material reserve for the provision of humanitarian assistance is carried out in accordance with the procedure provided for by the Law.
22. The provision of humanitarian assistance in cash shall be carried out at the expense of the emergency reserve of the Government of the Republic of Kazakhstan in the manner determined by the Rules for the use of reserves.
23. The transfer of funds for the provision of humanitarian assistance shall be carried out by the authorized body in the field of foreign policy activities on the basis of the decision of the Government of the Republic of Kazakhstan after the official submission of the account details by the recipient of humanitarian assistance.
24. The authorized body in the field of foreign policy activities shall submit to the central authorized body for budget execution and the corresponding central state body information on the receipt of humanitarian assistance provided by the recipient.
Chapter 3. Provision of humanitarian assistance to the Republic of Kazakhstan
Paragraph 1. Procedure for sending a request for humanitarian assistance
25. The Prime Minister of the Republic of Kazakhstan or the Deputy Prime Minister of the Republic of Kazakhstan, the authorized body in the field of foreign policy activities shall appeal to foreign countries and international organizations on the provision of humanitarian assistance to the Republic of Kazakhstan.
Humanitarian assistance to the Republic of Kazakhstan can be provided on an initiative basis from foreign countries and international organizations.
26. The appeal shall indicate the description, characteristics, requirements for humanitarian assistance, the place of delivery or location of the recipient of humanitarian assistance provided to the Republic of Kazakhstan.
27. When importing goods into the Republic of Kazakhstan in the form of humanitarian assistance sent from foreign countries and international organizations, the following documents shall be submitted:
1) invoice;
2) packing list indicating net and gross weight for each item of goods;
3) instructions for medical or other use of the goods;
4) a document on conformity assessment in the forms of tests, confirmation of conformity, expertise and (or) other form confirming the quality and safety of the goods.
28. Goods sent in the form of humanitarian assistance to the Republic of Kazakhstan shall be the property of foreign countries and international organizations until its actual transfer to the recipient in the Republic of Kazakhstan.
29. To obtain humanitarian assistance in the form of medicines and medical devices from foreign countries and international organizations, it shall be necessary to obtain the approval of the authorized health authority in terms of the need, names and amount of humanitarian assistance provided.
30. In order to prevent the threat of the emergence and spread of infectious diseases that threaten the life and (or) health of the population, the reception, storage, delivery and distribution of humanitarian assistance in the form of medicines and medical devices is carried out by an authorized organization determined by an authorized health authority.
Paragraph 2. Procedure for receiving and distributing humanitarian assistance
31. In case of consideration and readiness to provide humanitarian assistance to the Republic of Kazakhstan or an initiative appeal from foreign countries and international organizations on the provision of humanitarian assistance to the Republic of Kazakhstan, the authorized body in the field of foreign policy activities sends information to the Commission within a period of no more than three working days to develop proposals for the reception and distribution of humanitarian assistance provided to the Republic of Kazakhstan.
32. Based on the recommendations of the Commission, the relevant central state body, in accordance with the procedure established by the Law, shall develop and submit to the Government of the Republic of Kazakhstan a draft decision of the Government of the Republic of Kazakhstan on the reception and distribution of humanitarian assistance provided to the Republic of Kazakhstan by an authorized organization, except for the cases specified in paragraph 30 of these Rules.
33. The authorized organization, based on the decision of the Government of the Republic of Kazakhstan, shall receive and distribute humanitarian assistance with the participation of representatives of the relevant central state body and local executive bodies.
The distribution of humanitarian assistance shall be strictly for its intended purpose.
34. The relevant central government body shall coordinate the reception and distribution of humanitarian assistance.
35. Temporary storage, delivery of humanitarian assistance shall be carried out by an authorized organization and (or) local executive bodies in accordance with the established sanitary standards for accommodation and storage.
36. The import of goods, with the exception of excisable, as humanitarian assistance, shall be carried out in accordance with the procedure established by the Government of the Republic of Kazakhstan.
37. The distribution of international humanitarian assistance in the area where the state of emergency has been introduced shall be carried out in accordance with the procedure established by the Government of the Republic of Kazakhstan.
38. The relevant central state body, after the distribution of humanitarian assistance by the authorized organization, shall provide information on the distribution of humanitarian assistance to the Government of the Republic of Kazakhstan no later than seven working days.