On approval of the qualification requirements for the development, production, repair, sale, purchase of hand-held small arms and their ammunition, and the list of documents confirming compliance therewith

Invalidated Unofficial translation

Order of the Minister of Digital Development, Defense and Aerospace Industry of the Republic of Kazakhstan No. 55/НҚ as of April 24, 2019. Registered with the Ministry of Justice of the Republic of Kazakhstan on May 3, 2019, No. 18623

      Unofficial translation

      In accordance with subparagraph 1-1) of paragraph 1 of Article 12 of the Law of the Republic of Kazakhstan “On Permits and Notifications” as of May 16, 2014, I hereby ORDER:

      1. To approve the appended qualification requirements for the development, production, repair, sale, purchase of hand-held small arms and their ammunition, and the list of documents confirming compliance therewith.

      2. To invalidate Order of the Acting Minister for Investment and Development of the Republic of Kazakhstan No. 112 as of January 28, 2016 “On approval of the qualification requirements for the development, production, repair, sale, purchase of hand-held small arms and their ammunition, and the list of documents confirming compliance therewith” (registered in the State Registration Register of Regulatory Legal Acts under No. 13457, published in the “Adilet” legal information system on April 19, 2016).

      3. In accordance with the procedure established by the legislation, the Department of the Military-Industrial Complex Development of the Ministry of Digital Development, Defense and Aerospace Industry of the Republic of Kazakhstan shall:

      1) ensure state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;

      2) within ten calendar days of the state registration of this order, send its copy in Kazakh and Russian to the Republican State Enterprise with the Right of Economic Management “Republican Center of Legal Information” of the Ministry of Justice of the Republic of Kazakhstan for its official publication and inclusion into the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan;

      3) place this order on the website of the Ministry of Digital Development, Defense and Aerospace Industry of the Republic of Kazakhstan after its official publication;

      4) within ten working days of the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan, submit information on the implementation of measures, provided for in subparagraphs 1), 2) and 3) of this paragraph, to the Legal Department of the Ministry of Digital Development, Defense and Aerospace Industry of the Republic of Kazakhstan.

      4. The control over the execution of this order shall be assigned to the supervising vice-minister of digital development, defense and aerospace industry of the Republic of Kazakhstan.

      5. This order shall take effect twenty-one calendar days after its first official publication.

      Minister of Digital Development,
      Defense and Aerospace Industry of
      the Republic of Kazakhstan А. Zhumagaliyev

      "AGREED"

      Ministry of Industry and

      Infrastructure Development of

      the Republic of Kazakhstan

      "___" _________ 2019

      "AGREED"

      National Security Committee of

      the Republic of Kazakhstan

      "__" ___________ 2019

      "AGREED"

      Ministry of National Economy of

      the Republic of Kazakhstan

      "__" ___________ 2019

      "AGREED"

      Ministry of Internal Affairs of

      the Republic of Kazakhstan

      "__" ____________ 2019

  Approved by
Order № 55/НҚ as of April 24,
2019 of the Minister of digital
development, defense and
aerospace industry of the
Republic of Kazakhstan

Qualification requirements for the development, production, repair, sale,
purchase of hand-held small arms and their ammunition, and the list
of documents confirming compliance therewith

Item №

Qualification requirements

Documents confirming compliance with qualification requirements

Note

1

2

3

4

1. With regard to the sub-activity on the development of hand-held small arms and their ammunition

1

higher technical education of the head or deputy head of a legal entity, including the head or deputy head of its branch, as well as an individual engaged in the licensed type of activity

the information form in accordance with the Appendix to these qualification requirements for the development, production, repair, sale, purchase of hand-held small arms and their ammunition


2

trained specialists with required technical education, at least one year of experience in the specialty

the information form in accordance with the Appendix to these qualification requirements for the development, production, repair, sale, purchase of hand-held small arms and their ammunition


3

scientific base in the form of a set of regulatory and technical documents in the field of weapons development, design documentation for the main (basic) weapon models and (or) types of ammunition

regulatory technical documentation

copy of the document

4

production and technical base on the basis of property rights (enterprises located in a special economic zone are not required to have a production and technical base on the basis of property rights), which shall be fenced, isolated, located at a safe distance specified in applicable regulations, from residential and industrial facilities, and shall include:
designated industrial building;
testing laboratory;
equipment and stand;
specially equipped warehouse for the storage of developed sets of weapons and ammunition

the information form in accordance with the Appendix to these qualification requirements for the development, production, repair, sale, purchase of hand-held small arms and their ammunition

the licensor receives information on the ownership of premises from relevant information systems

5

measuring instruments that meet operating conditions and requirements therefor in accordance with the Law of the Republic of Kazakhstan “On Ensuring the Uniformity of Measurements” as of June 7, 2000

the information form in accordance with the Appendix to these qualification requirements for the development, production, repair, sale, purchase of hand-held small arms and their ammunition


6

instruction for safe development of experimental models of hand-held small arms and their ammunition approved by the head of the organization

the information form in accordance with the Appendix to these qualification requirements for the development, production, repair, sale, purchase of hand-held small arms and their ammunition


7

record book for registration and storage of materials, semi-finished products (blanks), components, finished and rejected products
 

the information form in accordance with the Appendix to these qualification requirements for the development, production, repair, sale, purchase of hand-held small arms and their ammunition


8

operational characteristics planned for the development of weapons and their ammunition

regulatory technical documentation

copy of the document

9

agreement with a security company on the protection of the production and technical base using duty weapon

agreement on the protection of the production and technical base using duty weapon with a security company, the requirements for which are established by the Law of the Republic of Kazakhstan “On Security Activity” as of October 19, 2000

copy of the document

10

Third-party liability insurance

third-party liability insurance agreement

copy of the document

2. With regard to the sub-activity on the production of hand-held small arms and their ammunition

1

higher technical education of the head or deputy head of a legal entity, including the head or deputy head of its branch, as well as an individual engaged in the licensed type of activity

the information form in accordance with the Appendix to these qualification requirements for the development, production, repair, sale, purchase of hand-held small arms and their ammunition


2

trained specialists with required technical education, at least one year of experience in the specialty

the information form in accordance with the Appendix to these qualification requirements for the development, production, repair, sale, purchase of hand-held small arms and their ammunition


3

scientific base in the form of a set of regulatory and technical documents, scientific and technical documents in the field of weapons’ and ammunition’ production
 

regulatory technical documentation

copy of the document

4

production and technical base on the basis of property rights (enterprises located in a special economic zone are not required to have a production and technical base on the basis of property rights), which shall be fenced, isolated, located at a safe distance, specified in applicable regulations, from residential and industrial facilities, and shall include:
designated industrial buildings,
vehicles, equipment, stands, testing laboratory, instrumentation;
detail design of workshops for the production of weapons and their ammunition , which is agreed and approved in the prescribed manner; a machining workshop (site) for the manufacture of the main parts (barrels, bolts, drums, frames, breeches) located in isolated rooms with the requirements for recording and safety of parts, assembly units;
assembly workshop located in isolated rooms equipped with fire alarm systems that meet the requirements for technical resistance against burglary and ensure the recording and safety of parts and assembly units;
designated warehouses for storing finished weapons, which are equipped with fire alarm systems;
designated hold area for storing main parts of weapons and their ammunition rejected during production;
the following requirements are made for the territory of the production base of ammunition located in separate isolated rooms that meet the requirements for technical resistance against burglary: isolation, the presence of fencing, round-the-clock armed security, technical resistance against burglary, fire safety, and a safe distance from residential and industrial facilities specified in applicable regulations

the information form in accordance with the Appendix to these qualification requirements for the development, production, repair, sale, purchase of hand-held small arms and their ammunition

the licensor receives information on the ownership of premises from relevant information systems

5

protocol of intent or an agreement (contract) on (for) the production of weapons and their ammunition with an entity entitled to purchase and use weapons

protocol of intent or an agreement (contract) on (for) the production of weapons and their ammunition with an entity entitled to purchase and use weapons

copy of the document

6

operational characteristics planned for the production of weapons and their ammunition

technical documentation on operational characteristics planned for the production of weapons and their ammunition

copy of the document

7

instructions, regulations and regulatory and technical documents on safe operation approved by the head of the organization, as well as documents for the recording and storage of materials, semi-finished products (blanks), components, finished and rejected products on: the recording of parts, assembly units and finished products in the process their manufacture, transportation and storage; maintaining a record book of receipts and expenditure (number-specific accounting, quantitative accounting, quantitative or weight accounting of blanks, parts, components)

the information form in accordance with the Appendix to these qualification requirements for the development, production, repair, sale, purchase of hand-held small arms and their ammunition


8

agreement with a security company on the protection of the production and technical base using duty weapon

agreement on the protection of the production and technical base using duty weapon with a security company, the requirements for which are established by the Law of the Republic of Kazakhstan “On Security Activity” as of October 19, 2000

copy of the document

9

Third-party liability insurance

third-party liability insurance agreement

copy of the document

3. With regard to the sub-activity on the repair of hand-held small arms and their ammunition

1

higher technical education of the head or deputy head of a legal entity, including the head or deputy head of its branch, as well as an individual engaged in the licensed type of activity

the information form in accordance with the Appendix to these qualification requirements for the development, production, repair, sale, purchase of hand-held small arms and their ammunition


2

specialists trained in weapons’ repair having required technical education, at least one year of experience in the specialty

the information form in accordance with the Appendix to these qualification requirements for the development, production, repair, sale, purchase of hand-held small arms and their ammunition


3

production and technical base on the basis of property rights (enterprises located in a special economic zone are not required to have a production and technical base on the basis of property rights), which shall be fenced, isolated, located at a safe distance specified in applicable regulations, from residential and industrial facilities, and shall include:
designated repairs and technical building;
testing laboratory;
specially equipped warehouse;
specially equipped territory and premises for storage and control tests of products after repairs;
service space for working staff

the information form in accordance with the Appendix to these qualification requirements for the development, production, repair, sale, purchase of hand-held small arms and their ammunition

the licensor receives information on the ownership of premises from relevant information systems

4

measuring instruments that meet operating conditions and requirements therefor in accordance with the Law of the Republic of Kazakhstan “On Ensuring the Uniformity of Measurements” as of June 7, 2000

the information form in accordance with the Appendix to these qualification requirements for the development, production, repair, sale, purchase of hand-held small arms and their ammunition


5

instruction for safe repairs approved by the head of the organization
 

the information form in accordance with the Appendix to these qualification requirements for the development, production, repair, sale, purchase of hand-held small arms and their ammunition


6

record book for registration and storage of materials, semi-finished products (blanks), components, finished and rejected products
 

the information form in accordance with the Appendix to these qualification requirements for the development, production, repair, sale, purchase of hand-held small arms and their ammunition


7

special equipment, fixtures and a stand

the information form in accordance with the Appendix to these qualification requirements for the development, production, repair, sale, purchase of hand-held small arms and their ammunition


8

agreement with a security company on the protection of the production and technical base using duty weapon

agreement on the protection of the production and technical base using duty weapon with a security company, the requirements for which are established by the Law of the Republic of Kazakhstan “On Security Activity” as of October 19, 2000

copy of the document

4. With regard to the sub-activity on the purchase of hand-held small arms and their ammunition, and their sale

1

higher technical education of the head or deputy head of a legal entity, including the head or deputy head of its branch, as well as an individual engaged in the licensed type of activity

the information form in accordance with the Appendix to these qualification requirements for the development, production, repair, sale, purchase of hand-held small arms and their ammunition


2

trained specialists with required technical education, at least one year of experience in the specialty

the information form in accordance with the Appendix to these qualification requirements for the development, production, repair, sale, purchase of hand-held small arms and their ammunition


3

record book of receipt and sale of hand-held small arms and their ammunition

the information form in accordance with the Appendix to these qualification requirements for the development, production, repair, sale, purchase of hand-held small arms and their ammunition


4

armed guards during the transportation of hand-held small arms and their ammunition

agreement on the protection of the production and technical base using duty weapon with a security company, the requirements for which are established by the Law of the Republic of Kazakhstan “On Security Activity” as of October 19, 2000

copy of the document

5

special permit for the transportation of dangerous goods of Classes 1, 6 and 7

special permit for the transportation of dangerous goods of Classes 1, 6 and 7

the licensor receives information on the permit from relevant information systems

Note: hand-held small arms and their ammunition are sold to the Armed Forces, other troops and military units, special state and law enforcement agencies

  Appendix to
the qualification requirements
for the development, production,
repair, sale, purchase of hand-held small arms and their ammunition,
and the list of documents
confirming compliance therewith

Information form on the qualification requirements for the development, production, repair,
sale, purchase of hand-held small arms and their ammunition, and the list of documents
confirming compliance therewith

      1. With regard to the sub-activity on the development of hand-held small arms and their ammunition, the presence of:

      1) higher technical education of the head or deputy head of a legal entity, including the head or deputy head of its branch, as well as an individual engaged in the licensed type of activity:

      surname, name, patronymic __________________________________________________;

      position __________________________________________________________________;

      number and date of the appointment order _______________________________________;

      degree in _________________________________________________________________;

      number and date of issuance of higher technical education diploma

      __________________________________________________________________________;

      higher educational institution that issued the diploma ____;

      2) trained specialists with required technical education, at least one year of experience in the specialty:

      surname, name, patronymic ___________________________________________________;

      position ___________________________________________________________________;

      number and date of the appointment order _______________________________________;

      work experience in the specialty _______________________________________________;

      degree in _________________________________________________________________;

      number and date of issuance of higher technical education diploma

      _________________________________________________________________________;

      higher educational institution that issued the diploma

      _________________________________________________________________________;

      3) a production and technical base on the basis of property rights (enterprises located in a special economic zone are not required to have a production and technical base on the basis of property rights), which shall be fenced, isolated, located at a safe distance specified in applicable regulations, from residential and industrial facilities, and shall include:

      designated industrial building ________________________________________________;

      testing laboratory __________________________________________________________;

      specially equipped warehouse for the storage of developed sets of weapons and ammunition

      _________________________________________________________________________;

      cadastral number of the immovable property item (location)

      _________________________________________________________________________;

      contract number and date of its signing, if on other legal grounds

      _________________________________________________________________________;

      the organization with which the contract is concluded _________;

      information on the availability of the equipment, stand, fencing, isolation, distance from residential and industrial facilities, in meters

      _________________________________________________________________________;

      4) measuring instruments that meet operating conditions and requirements therefor in accordance with the Law of the Republic of Kazakhstan “On Ensuring the Uniformity of Measurements” as of June 7, 2000:

      information on the availability of measuring instruments _________________________;

      number and date of the certificate of verification of the measuring instrument

      _______________________________________________________________________;

      5) an instruction for safe development of experimental models of hand-held small arms and their ammunition approved by the head of the organization:

      information on the availability of the instruction for safe development of experimental models of hand-held small arms and their ammunition approved by the head of the organization

      ________________________________________________________________________;

      6) a record book for registration and storage of materials, semi-finished products (blanks), components, finished and rejected products:

      information on the availability of the record book for registration and storage of materials, semi-finished products (blanks), components, finished and rejected products

      ________________________________________________________________.

      2. With regard to the sub-activity on the production of hand-held small arms and their ammunition, the presence of:

      1) higher technical education of the head or deputy head of a legal entity, including the head or deputy head of its branch, as well as an individual engaged in the licensed type of activity:

      surname, name, patronymic ___________________________________________________;

      position ___________________________________________________________________;

      number and date of the appointment order________________________________________;

      degree in __________________________________________________________________;

      number and date of issuance of higher technical education diploma

      _________________________________________________________________________;

      higher educational institution that issued the diploma ____;

      2) trained specialists with required technical education, at least one year of experience in the specialty:

      surname, name, patronymic ____________________________________;

      position ____________________________________________________;

      number and date of the appointment order _________________________;

      work experience in the specialty _________________________________;

      degree in ____________________________________________________;

      number and date of issuance of higher technical education diploma

      _________________________________________________________________________;

      higher educational institution that issued the diploma

      _________________________________________________________________________;

      3) a production and technical base on the basis of property rights (enterprises located in a special economic zone are not required to have a production and technical base on the basis of property rights), which shall be fenced, isolated, located at a safe distance specified in applicable regulations, from residential and industrial facilities, and shall include:

      designated industrial buildings, vehicles, equipment, stands, testing laboratory, instrumentation _________________________________;

      detail design of workshops for the production of weapons and their ammunition, which is agreed and approved in the prescribed manner _______________;

      a machining workshop (site) for the manufacture of the main parts (barrels, bolts, drums, frames, breeches) located in isolated rooms with the requirements for recording and safety of parts, assembly units _______________________;

      an assembly workshop located in isolated rooms equipped with fire alarm systems that meet the requirements for technical resistance against burglary and ensure the recording and safety of parts and assembly units_______________________;

      designated warehouses for storing finished weapons, which are equipped with fire alarm systems ______________;

      a designated hold area for storing main parts of weapons and their ammunition rejected during production _______________;

      the following requirements are imposed on the territory of the production base of ammunition located in separate isolated rooms that meet the requirements for technical resistance against burglary:

      isolation, the presence of fencing, round-the-clock armed security, technical resistance against burglary, fire safety, and a safe distance from residential and industrial facilities provided for by applicable regulations _____________________________________________________________;

      cadastral number of the immovable property item (location) _____;

      contract number and date of its signing, if on other legal grounds

      _________________________________________________________________________;

      the organization with which the contract is concluded _________;

      4) instructions, regulations and regulatory and technical documents on safe operation approved by the head of the organization, as well as documents for the recording and storage of materials, semi-finished products (blanks), components, finished and rejected products on: the recording of parts, assembly units and finished products in the process their manufacture, transportation and storage; maintaining a record book of receipts and expenditure (number-specific accounting, quantitative accounting, quantitative or weight accounting of blanks, parts, components):

      information on the availability of instructions, regulations and regulatory and technical documents on safe operation approved by the head of the organization, as well as documents for the recording and storage of materials, semi-finished products (blanks), components, finished and rejected products on: the recording of parts, assembly units and finished products in the process their manufacture, transportation and storage; maintaining a record book of receipts and expenditure (number-specific accounting, quantitative accounting, quantitative or weight accounting of blanks, parts, components)

      _______________________________________________________________________.

      3. With regard to the sub-activity on the repair of hand-held small arms and their ammunition, the presence of:

      1) higher technical education of the head or deputy head of a legal entity, including the head or deputy head of its branch, as well as an individual engaged in the licensed type of activity:

      surname, name, patronymic ___________________________________________________;

      position ___________________________________________________________________;

      number and date of the appointment order ________________________________________;

      degree in __________________________________________________________________;

      number and date of issuance of higher technical education diploma

      _________________________________________________________________________;

      higher educational institution that issued the diploma ____;

      2) trained specialists with required technical education, at least one year of experience in the specialty:

      surname, name, patronymic _________________________________________________;

      position _________________________________________________________________;

      number and date of the appointment order ______________________________________;

      work experience in the specialty ______________________________________________;

      degree in _________________________________________________________________;

      number and date of issuance of higher technical education diploma

      _________________________________________________________________________;

      higher educational institution that issued the diploma

      _________________________________________________________________________;

      3) a production and technical base on the basis of property rights (enterprises located in a special economic zone are not required to have a production and technical base on the basis of property rights), which shall be fenced, isolated, located at a safe distance specified in applicable regulations, from residential and industrial facilities, and shall include:

      designated repairs and technical building __________________;

      testing laboratory _____________________________________;

      specially equipped warehouse ___________________________;

      specially equipped territory and premises for storage and control tests of products after repairs

      _________________________________________________________________________;

      service space for working staff ______;

      cadastral number of the immovable property item (location) _____;

      information on the presence of fencing, isolation, distance from residential and industrial facilities, in meters

      ________________________________________________________________;

      4) measuring instruments that meet operating conditions and requirements therefor in accordance with the Law of the Republic of Kazakhstan “On Ensuring the Uniformity of Measurements” as of June 7, 2000:

      information on the availability of measuring instruments ____________________________;

      number and date of the certificate of verification of the measuring instrument

      _________________________________________________________________________;

      5) an instruction for safe repairs approved by the head of the organization:

      information on the availability of the instruction for safe repairs approved by the head of the organization

      ____________________________________________________________________;

      6) a record book for registration and storage of materials, semi-finished products (blanks), components, finished and rejected products:

      information on the availability of the record book for registration and storage of materials, semi-finished products (blanks), components, finished and rejected products

      _________________________________________________________________________;

      7) special equipment, fixtures and stand:

      information on then availability of special equipment, fixtures and stand

      _________________________________________________________________________.

      4. With regard to the sub-activity on the purchase of hand-held small arms and their ammunition and their sale, the presence of:

      1) higher technical education of the head or deputy head of a legal entity, including the head or deputy head of its branch, as well as an individual engaged in the licensed type of activity:

      surname, name, patronymic ___________________________________________________;

      position ___________________________________________________________________;

      number and date of the appointment order ________________________________________;

      degree in _________________________________________________________________;

      number and date of issuance of higher technical education diploma

      _________________________________________________________________________;

      higher educational institution that issued the diploma ____;

      2) trained specialists with required technical education, at least one year of experience in the specialty:

      surname, name, patronymic __________________________________________________;

      position __________________________________________________________________;

      number and date of the appointment order _______________________________________;

      work experience in the specialty _______________________________________________;

      degree in __________________________________________________________________;

      number and date of issuance of higher technical education diploma

      _________________________________________________________________________;

      higher educational institution that issued the diploma

      _________________________________________________________________________;

      3) a record book of receipt and sale of hand-held small arms and their ammunition:

      information on the availability of the record book of receipt and sale of hand-held small arms and their ammunition ________________.

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