On approval of the Rules for provision of public services by the National Security Committee of the Republic of Kazakhstan in the field of information security and special technical means intended for operational-search activities

Updated Unofficial translation

Order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated May 6, 2020 No. 34 / қе. Registered in the Ministry of Justice of the Republic of Kazakhstan on May 11, 2020 No. 20609.

      Unofficial translation

      In accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On public services", I HEREBY ORDER:

      Footnote. The preamble as amended by the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 11.01.2023 № 1/қе (shall be enforced upon expiry of sixty calendar days after the date of its first official publication).

      1. To approve the attached rules for provision of public services:

      1) Rules for provision of a public service "Issuance of a license to engage in activities for development, production, repair and sale of special technical means intended for operational-search activities" in accordance with Annex 1 to this order;

      2) Rules for provision of public service "Issuance of a license for development of means of cryptographic protection of information" in accordance with Appendix 2 to this order;

      3) Rules for provision of public service "Issuance of a license for provision of services to identify technical channels of information leakage and special technical means intended for operational-search activities" in accordance with Appendix 3 to this order;

      4) Rules for provision of public service "Issuance of a conclusion (permit) for import, export and transit of special technical means intended for secret receipt of information, to which measures of non-tariff regulation in trade with third countries are applied" in accordance with Appendix 4 to this order;

      5) Rules for provision of public service "Issuance of a conclusion (permit) for import, export and transit of encryption (cryptographic) means, to which measures of non-tariff regulation in trade with third countries are applied" in accordance with Appendix 5 to this order;

      6) Rules for provision of a public service "Issuance of a conclusion on technical study regarding the classification of goods to the means of cryptographic protection of information and special technical means intended for carrying out operational-search activities" in accordance with Annex 6 to this order;

      7) Rules for provision of public service "Registration of notifications about characteristics of goods (products) containing encryption (cryptographic) means" in accordance with Appendix 7 to this order;

      8) Rules for provision of public service "Issuance of permission for sale (including other transfer) of means of cryptographic protection of information" in accordance with Appendix 8 to this order.

      Footnote. Paragraph 1 as amended by the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 11.01.2023 № 1/қе (shall be enforced upon expiry of sixty calendar days after the date of its first official publication)

      2. To recognize as invalid some orders of the Chairman of the National Security Committee of the Republic of Kazakhstan in accordance with Appendix 9 to this order.

      3. The Information and Cyber Security Service of the National Security Committee of the Republic of Kazakhstan, in the manner prescribed by the legislation of the Republic of Kazakhstan, to ensure:

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

      2) placement of this order on the Internet resource of the National Security Committee of the Republic of Kazakhstan.

      4. The Deputy Chairman of the National Security Committee of the Republic of Kazakhstan, D.Ye. Ergozhin is authorized to control execution of this order.

      5. This order comes into effect upon the expiration of twenty one calendar days after the day of its first official publication.

      Chairman of RK
      National Security Committee K. Massimov

      AGREED

      Ministry of digital development,

      innovations and aero-space industry of the

      Republic of Kazakhstan

      "______" _______________ 2020

  Annex 1
to the order of the
Chairman of the National
Security Committee
of the Republic of Kazakhstan
dated May 6, 2020 № 34/қе

Rules for provision of a public service " Issuance of a license to engage in activities for development, production, repair and sale of special technical means intended for operational-search activities"

      Footnote. The Rules as amended by the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 11.01.2023 № 1/қе (shall be enforced upon expiry of sixty calendar days after the date of its first official publication)

Chapter 1. General provisions

      1. These Rules for provision of a public service " Issuance of a license to engage in activities for development, production, repair and sale of special technical means intended for operational-search activities" (hereinafter referred to as the Rules), have been developed in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On public services" (hereinafter referred to as the Law) and shall determine the uniform procedure for the provision of a public service "Issuance of a license to engage in activities for development, production, repair and sale of special technical means intended for operational-search activities" (hereinafter referred to as the public service) for subtypes of activities:

      1) development, production of special technical means intended for operational-search activities;

      2) repair and sale of special technical equipment intended for operational-search activities.

      2. The public service is provided by the National Security Committee of the Republic of Kazakhstan (hereinafter referred to as the service provider) to individuals or legal entities (branches or representative offices of a legal entity, licensees), who applied to the service provider for licensing (hereinafter referred to as the service recipient).

Chapter 2. Procedure for provision of a public service

      3. To receive a public service, the service recipient sends to the service provider through the web portal of the "electronic government" www.egov.kz, www.elicense.kz (hereinafter referred to as the portal) electronic copies of the documents specified in subparagraph 1) of paragraph 8 of the List of basic requirements to provision of a public service, according to Annex 1 to these Rules (hereinafter referred to as the Requirements to provision of a public service).

      4. An application for issuance of a license to engage in activities for development, production, repair and sale of special technical means intended for operational-search activities (hereinafter referred to as the license), is considered within 15 working days from the date of its registration.

      The service provider, within two working days from the date of receipt of the service recipient's documents for the issuance of a license, verifies the completeness of the submitted documents.

      The service provider receives information about identity document, about state registration (re-registration) of a service recipient as a legal entity, as an individual entrepreneur, about payment of a license fee (in case of payment throught the payment gate of "electronic government"), contained in state information systems, independently from the relevant state information systems through the gate of "electronic government".

      If the fact of incompleteness of the submitted documents is established, the service provider within the specified period sends to the "personal account" of the service recipient in the form of an electronic document certified by the electronic digital signature of the authorized person of the service provider, a reasoned refusal to further consider the application.

      If a full package of documents is provided, the service provider within 10 working days checks the compliance of the service recipient with the qualification requirements, established by the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated January 30,2015 No.4 "On approval of qualification requirements and a list of documents confirming compliance with them to engage in activities in the areas of information security and special technical means intended for operational-search activities" (registered in the Register of State Registration of Regulatory Legal Acts under No.10473) (hereinafter referred to as the qualification requirements).

      In this case, the service provider carries out preventive control with a visit to the service recipient to check:

      1) original documents;

      2) specially allocated premises of the service recipient;

      3) availability of a minimum set of technical means and control and measuring equipment.

      After carrying out preventive control with a visit to the service recipient, the service provider assesses the level of knowledge of the declared specialists based on the results of passing the qualification test.

      Based on the results of checking the compliance of the service recipient with the qualification requirements, the service provider within 3 working days prepares a license indicating a subtype(s) of activities or notifies the service recipient on preliminary decision on a reasoned refusal to issue a license, as well as the time and place (method) of conducting the hearing for the opportunity to express to the service provider a position on the preliminary decision, in the form of an electronic document signed by the electronic digital signature of the service provider's authorized person.

      Notification on hearing is sent at least 3 working days before the end of the period for providing the public service. The hearing is held no later than 2 working days from the date of notification.

      Based on the results of the hearing, the service provider issues a license indicating a subtype(s) of activities or a motivated refusal to issue a license on the grounds provided for in paragraph 9 of the Requirements to provision of a public service, and sends to the "personal account" of the service provider on the portal.

      5. The license is subject to renewal in the following cases:

      1) change of surname, name, patronymic (if any) of the individual licensee;

      2) re-registration of an individual entrepreneur-licensee, change of its name or legal address;

      3) reorganization of the legal entity-licensee in accordance with the procedure determined by Article 34 of the Law of the Republic of Kazakhstan "On permissions and notifications";

      4) change of the name and (or) location of the legal entity-licensee;

      5) presence of a requirement for re-registration in the laws of the Republic of Kazakhstan.

      An application for renewal of the license must be submitted by the service recipient within thirty calendar days from the date of occurrence of the changes that served as the basis for the renewal of the license.

      When reissuing a license, the service recipient sends to the service provider through the portal electronic copies of documents necessary for the provision of public services in accordance with subparagraph 2) of paragraph 8 of the Requirements to provision of a public service.

      An application for renewal of a license is considered within 3 working days from the date of its registration.

      The service provider checks the completeness of the submitted documents and changes that served as the basis for reissuing the license within 1 working day.

      Based on the results of checking the completeness of the documents submitted and the changes that served as the basis for reissuing the license, the service provider within 2 working days prepares in the form of an electronic document signed by the electronic digital signature of the authorized person of the service provider, a reissued license or a reasoned refusal to issue a license on the basis provided for in paragraph 9 of the Requirements to provision of a public service, and sends to the service recipient’s "personal account" on the portal.

      6. The service provider ensures that data is entered into the information system for monitoring the provision of public services on the stage of provision of a public service in accordance with the procedure established by the authorized body in the field of informatization, according to subparagraph 11) of paragraph 2 of Article 5 of the Law.

      The service provider ensures that information about changes and (or) additions made to these Rules is sent to the Unified Contact Center and the operator of the information and communication infrastructure of "electronic government" within ten working days from the date of their entry into force.

      When providing a public service through the state information system of permits and notifications, data on the stage of its provision is automatically sent to the information system for monitoring the provision of public services.

Chapter 3. Procedure for appealing decisions, actions (inaction) of the service provider and (or) their officials on the issues of provision of a public service

      7. A complaint against the decision, action (inaction) of the service provider concerning the provision of public services may be submitted in the name of the head of the service provider, to the authorized body for assessment and control over the quality of provision of public services, in accordance with the legislation of the Republic of Kazakhstan.
      8. A complaint from a service recipient received by a service provider directly providing a public service, in accordance with paragraph 2 of Article 25 of the Law is subject to consideration within five working days from the date of its registration.
      9. A complaint from a service recipient received by the authorized body for assessment and control over the quality of provision of public services, is subject to consideration within fifteen working days from the date of its registration.
      In cases of disagreement with the results of the provision of a public service, the service recipient has the right to apply to the court in the manner prescribed by the legislation of the Republic of Kazakhstan.
      Unless otherwise provided by law, an appeal to the court is allowed after a pre-trial appeal.

  Annex 1
to the Rules for provision of a public
service "Issuance of a license to engage
in activities for development, production,
repair and sale of special technical means,
indended for operational-search activities",
approved by the order of the Chairman
of the National Security Committee
of the Republic of Kazakhstan
dated "__" ______ 2022 № __

List of basic requirements to provision of a public service "Issuance of a license to engage in activities for the development, production, repair and sale of special technical equipment intended for operational-search activities" determines the uniform requirements for subtypes of activities:
1. development, production of special technical means intended for conducting operational-search activities;
2. repair and sale of special technical equipment intended for operational-search activities

Li

Name of service provider

National Security Committee of the Republic of Kazakhstan

2.

Methods of provision of a public service

Acceptance of an application and issuance of the result of provision of public service are carried out through the web portal of "electronic government": www.egov.kz, www.elicense.kz

3.

Term for provision of a public service

For all subtypes:
1) when issuing a license - within 15 working days;
2) when reissuing a license - within 3 working days

4.

Form of provision of a public service

For all subtypes - electronic (partially automated)

5.

Result of provision of a public service

Issuance of a license indicating the subtype/subtypes of activity, re-issuance of a license, or a reasoned refusal to provide a public service.The result of provision of a public service is sent and stored in the “personal account” of the service recipient in the form of an electronic document signed with an electronic digital signature of the authorized person of the service provider.The form of providing the result of provision of public service: electronic

6.

Amount of payment charged from the service recipient when rendering a public service, and methods of collecting it in cases provided for by the legislation of the Republic of Kazakhstan

The public service is provided on a paid basis to individual and legal entities.
For the provision of a public service, a license fee is charged for the right to engage in certain types of activities in accordance with Article 554 of the Code of the Republic of Kazakhstan "On taxes and other obligatory payments to the budget (Tax Code)", which is: 1) for issuing a license - 20 monthly calculation indices; 2) for re-issuing a license - 2 monthly calculation indices.Payment is made in cash and non-cash forms through second-tier banks and organizations carrying out certain types of banking operations.Payment can be made through the payment gateway of "electronic government"

7.

Work schedule of the service provider and the objects of information

1) the service provider - from Monday to Friday inclusive, from 09:00 to 19:00, with a lunch break from 13:00 to 15:00, except weekends and holidays, in accordance with the labor legislation of the Republic of Kazakhstan;2) the portal –around the clock, with the exception of breaks related to technical work (when the service recipient applies after the end of working hours, on weekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan, applications are accepted and the results of provision of public services are issued on the next working day).The address of the place of provision of a public service is posted on the official Internet resource of the service provider: www.knb.kz

8.

List of documents and information, required from service recipient for provision of a public service

1) to obtain a license:an application of a legal entity in the form of an electronic document certified by the electronic digital signature of the service recipient in the form in accordance with Annex 2 to these Rules or an application of an individual in the form of an electronic document certified by the electronic digital signature of the service recipient, in the form according to Annex 3 to these Rules; information confirming payment of the license fee to the budget, with the exception of cases of payment through the payment gateway of “electronic government”; electronic form of information on the compliance of the service recipient with the qualification requirements in the form in accordance with Annex 4 to these Rules;2) to renew the license:an application of a legal entity in the form of an electronic document certified by the electronic digital signature of the service recipient in the form in accordance with Annex 5 to these Rules or an application of an individual in the form of an electronic document certified by the electronic digital signature of the service recipient, in the form according to Annex 6 to these Rules;information confirming payment of the license fee to the budget, except for cases of payment through the payment gateway of “electronic government”;electronic copies of documents containing information about the changes that served as the basis to renew the license, except for documents, information from which is contained in state information systems

9.

Grounds for refusal to provide a public service established by the legislation of the Republic of Kazakhstan

1) establishing the inaccuracy of the documents submitted by the service recipient for obtaining a license, and (or) the data (information) contained therein;2) the license fee has not been paid;3) non-compliance of the service recipient and (or) the submitted data and information necessary for provision of public services with qualification requirements;4) in relation to the service recipient there is a court decision (verdict) that has entered into legal force on suspension or prohibition of activities or certain types of activities subject to licensing;5) ) on the basis of the recommendation of the enforcement agent, the court temporarily prohibited to issue a license to the service recipient-debtor.When reorganizing a legal entity-licensee in the form of division:1) failure to submit or improper execution of the documents specified in subparagraph 2) of paragraph 8 of the Requirements to provision of a public service;2) non-compliance of the service recipient with the qualification requirements;3) if earlier the license and (or) annex to the license were reissued to another legal entity from among those newly emerged as a result of the division of legal entities-licensees

10.

Other requirements, taking into account the specifics of provision of a public service

The service recipient receives a public service in electronic form through the portal, subject to availability of an electronic digital signature.The service recipient has the opportunity to receive information about the procedure and status of provision of public service in remote access mode on the portal in the “personal account” of the service recipient, as well as by calling the service provider and the Unified Contact Center for provision of a public service: 8 (7172) 76-49-49

  Annex 2
to the Rules for provision of a public
service "Issuance of a license to engage
in activities for development, production,
repair and sale of special technical means,
indended for operational-search activities",
approved by the order of the Chairman
of the National Security Committee
of the Republic of Kazakhstan
dated "__" ______ 2022 № __

      Form

Application of a legal entity to obtain a license

      To ____________________________________________________________________

      (full name of the licensor)

      from ____________________________________________________________________1

      (full name, location, business identification number of a legal entity (including a foreign legal entity),

      business identification number of a branch or representative office of a foreign legal

      entity – if the legal entity does not have a business identification number)

      I ask to issue a license and (or) annex to the license (specify as required) to implement

      ________________________________________________________________________

      (indicate the full name of the type of activity and (or) subtype (s) of the activity)

      Legal entity address_________________________________________________

      (postal code, country (for a foreign legal entity), region, city, district, settlement, street name,

      house / building number (stationary premise)

      E-mail _______________________________________________________

      Phones _______________________________________________________________

      Fax ___________________________________________________________________

      Bank acount _________________________________________________________

      (account number, name and location of the bank)

      Address of the object of the activity or actions (operations)

      ________________________________________________________________________

      (postal code, region, city, district, locality, street name, house / building number (stationary room)

      _____ document (s) attached

      It is hereby confirmed that: all specified data are official contacts and any information

      on the issue or refusal to issue a license and (or) annexes to the license may be sent

      to them; the court does not prohibit the applicant to engage in a licensed type and (or)

      subtype of activity; all attached documents are true and valid; the applicant agrees to the

      use of personal data of limited access, constituting a secret protected by law, contained

      in information systems when issuing a license and (or) annex to the license.

      Manager _____________ _______________________________________

      (signature) (surname, name, patronymic (if any)

      Date of filling: "__" __________ 20__

      _________________

      1The service provider receives information independently from the relevant state information systems through the gate of "electronic government".

  Annex 3
to the Rules for provision of a public
service "Issuance of a license to engage
in activities for development, production,
repair and sale of special technical means,
indended for operational-search activities",
approved by the order of the Chairman
of the National Security Committee
of the Republic of Kazakhstan
dated "__" ______ 2022 № __

      Form

Application of an individual to obtain a license

      To ___________________________________________________________________

      (full name of the licensor)

      from

      (surname, name, patronymic (if any) of an individual, individual identification number)

      I ask to issue a license and (or) annex to the license (specify as required) to implement

      _____________________________________________________________________

      (indicate the full name of the type of activity and (or) subtype (s) of the activity)

      Residence address of an individual

      _____________________________________________________________________

      (postal code, region, city, district, locality, street name, house / building number)

      E-mail ____________________________________________________

      Phones ____________________________________________________________

      Fax ________________________________________________________________

      Bank acount ______________________________________________________

      (account number, name and location of the bank)

      Address of the object of the activity or actions (operations)

      _____________________________________________________________________

      (postal code, region, city, district, locality, street name, house / building number (stationary room)

      _____ document (s) attached

      It is hereby confirmed that:

      all specified data are official contacts and any information on the issue or refusal

      to issue a license and (or) annexes to the license may be sent to them; the court does

      not prohibit the applicant to engage in a licensed type and (or) subtype of activity;

      all attached documents are true and valid; the applicant agrees to the use of personal

      data of limited access, constituting a secret protected by law, contained in information

      systems when issuing a license and (or) annex to the license.

      Manager ______________ ____________________________________

      (signature) (surname, name, patronymic (if any)

      Date of filling: "___"________ 20__

      _______________

      2The service provider receives information independently from the relevant

      state information systems through the gate of "electronic government".

  Annex 4
to the Rules for provision of a public
service "Issuance of a license to engage
in activities for development, production,
repair and sale of special technical means,
indended for operational-search activities",
approved by the order of the Chairman
of the National Security Committee
of the Republic of Kazakhstan
dated "__" ______ 2022 № __

      Form

Form of information on compliance of the service recipient with qualification requirements to engage in activities for the development, production, repair and sale of special technical means indended for operational-search activities

      1. To engage in activities for development and production of special technical means intended for operational-search activities:

      1) information about the service recipient

      ____________________________________________________________________3;

      (surname, name, patronymic (if any) of an individual, individual identification number,

      date and number of issue of the certificate/certificate of state registration/re-registration of a legal entity)

      2) information about the declared specialist (s) who have higher technical education

      _____________________________________________________________________

      (indicate specialty and qualification, as well as the number, date and place of issue of the diploma(s)),

      _____________________________________________________________________;

      name of educational institution, attaching a copy(ies) of the diploma(s)

      3) information on the availability of permit from the national security bodies

      of the Republic of Kazakhstan to work with information constituting

      state secrets of the Republic of Kazakhstan according to the declared type of activity

      _______________________________________________________________________

      (indicate the details of the permit: number, date and subdivision of the national

      _______________________________________________________________________;

      security bodies of the Republic of Kazakhstan, issued this permit, attaching a copy of the document)

      4) information on availability of a minimum set of technical means and control and measuring equipment

      _______________________________________________________________________

      (indicate the details of the letter of the service recipient with the attachment of documents confirming

      ______________________________________________________________________;

      availability of these means and equipment on the basis of the right of ownership: registration number and date)

      5) information on availability of an designated production facility

      ________________________________________________________________________

      (indicate the details of documents confirming ownership or other legal

      ________________________________________________________________________;

      grounds: name of the document, registration number and date, attaching a copy of the document)

      6) information on the availability of a specially designated room for storing special technical

      equipment developed and produced

      ________________________________________________________________________

      (indicate the details of documents confirming ownership right or other legal ___________

      ________________________________________________________________________

      grounds as well as an agreement(s) on provision of services of the security and

      _______________________________________________________________________

      fire alarm automated systems with specialized organization(s):

      ________________________________________________________________________

      registration numbers and dates, as well as the names of the relevant organizations, attaching a copy(s) of the document(s)

      2. To engage in activities for repair and sale of special technical equipment, intended for operational-search activities:

      1) information about the service recipient

      _______________________________________________________________________4;

      (surname, name, patronymic (if any) of an individual, individual identification number,

      date and number of issue of the certificate/certificate of state registration/re-registration of a legal entity)

      2) information about the declared specialist (s) who have higher technical education

      ________________________________________________________________________;

      (indicate the specialty and qualifications, as well as the number, date and place of issue

      ________________________________________________________________________;

      of diploma(s), name of educational institution, attaching a copy(ies) of the diploma(s)

      3) information on the availability of permit from the national security bodies

      of the Republic of Kazakhstan to work with information constituting state secrets

      of the Republic of Kazakhstan according to the declared type of activity

      ________________________________________________________________________

      (indicate the details of the permit: number, date and subdivision of the national

      ________________________________________________________________________;

      security bodies of the Republic of Kazakhstan, issued this permit, attaching a copy of the document)

      4) information on availability of a minimum set of technical means and control and measuring equipment

      ________________________________________________________________________

      (indicate the details of the letter of the service provider attaching

      ________________________________________________________________________

      documents, confirming the availability of these means and equipment on the ownership right

      ________________________________________________________________________;

      Registration number and date)

      5) information on availability of a specialy allocated premise

      ________________________________________________________________________

      (indicate the details of documents confirming ownership right or other legal ____________

      _____________________________________________________________________________

      grounds, as well as agreement(s) on provision of services of the security

      and _______________________________________________________________________

      fire alarm automated systems with specialized organization(s):

      _________________________________________________________________________

      registration numbers and dates, as well as the names of the relevant organizations, attaching

      a copy(s) of the document(s) Note: assessment of the level of knowledge of the declared persons

      is carried out based on the results of a qualification test in the development, production, repair

      and sale of special technical means intended for operational-search activities. The list

      of questions for the qualifying test is established by the service provider. The qualification

      test is submitted to the service provider’s department at the place of activity of the service recipient.

      ______________

      3The service provider receives information independently from the relevant state information

      systems through the gate of "electronic government".

      ________________

      4The service provider receives information independently from the relevant state information

      systems through the gate of "electronic government".

  Annex 5
to the Rules for provision of a public
service "Issuance of a license to engage
in activities for development, production,
repair and sale of special technical means,
indended for operational-search activities",
approved by the order of the Chairman
of the National Security Committee
of the Republic of Kazakhstan
dated "__" ______ 2022 № __

      Form

Application of a legal entity to renew the license

      To _______________________________________________________________________

      (full name of the licensor)

      from ______________________________________________________________________5

      (full name, location, business identification number of a legal entity (including a foreign legal

      entity), business identification number of the branch or representative office of a foreign legal

      entity – if the legal entity does not have a business identification number)

      I ask to reissue the license and (or) annex(es) to the license (specify as necessary)

      No.__________ dated "___" _________ 20___, issued

      _________________________________________________________________________

      (number(s) of the license and (or) annex(s) to the license, date of issue, name of the licensor

      who issued the license and (or) annex(s) to the license)

      To engage in _________________________________________________________

      (full name of the type of activity and (or) subtype(s) of activity)

      in accordance with the following ground(s) (indcate X in the relevant box)):

      1) reorganization of the legal entity-licensee in accordance with the procedure determined

      by Article 34 of the Law of the Republic of Kazakhstan "On permissions and notifications"

      through (indcate X in the relevant box)): merger ___ reorganization ___ accession ___ spin-off ____ division ____

      2) change of the name of a legal entity- licensee_____________________

      3) change of the location of a legal entity- licensee__________________

      4) alienation by the licensee of the license issued under the class "permits issued to objects",

      together with the object in favor of third parties in cases where alienation of the license

      is provided for by Annex 1 to the Law of the Republic of Kazakhstan "On permissions

      and notifications" ___________________

      5) change of the address of the location of the object without its physical movement

      for a license issued under the class "permits issued to objects" or for annexes to a license

      indicating objects _____________

      6) presence of a requirement for re-registration in the laws of the Republic of Kazakhstan

      _________________________________________________________________________

      7) change of the name of the type of activity ________________________________

      8) change of the name of the subtype of activity _____________________________

      Legal entity address__________________________________________________

      (country - for a foreign legal entity, postal code, region, city, district, locality, street name,

      house / building number (stationary room)

      E-mail ________________________________________________________

      Phones ________________________________________________________________

      Fax ____________________________________________________________________

      Bank acount __________________________________________________________

      (account number, name and location of the bank)

      Address of the object of the activity or actions (operations)

      _________________________________________________________________________

      (postal code, region, city, district, locality, street name, house/building number (stationary room)

      _____ document (s) attached

      It is hereby confirmed that: all specified data are official contacts and any information

      on the issue or refusal to issue a license and (or) annexes to the license may be sent

      to them; the court does not prohibit the applicant to engage in a licensed type and (or)

      subtype of activity; all attached documents are true and valid; the applicant agrees to the

      use of personal data of limited access, constituting a secret protected by law, contained

      in information systems when issuing a license and (or) annex to the license.

      Manager _____________ _________________________________________

      (signature) (surname, name, patronymic (if any)

      Date of filling: " __ " __________ 20__

      _________________

      5The service provider receives information independently from the relevant state

      information systems through the gate of "electronic government".

  Annex 6
to the Rules for provision of a public
service "Issuance of a license to engage
in activities for development, production,
repair and sale of special technical means,
indended for operational-search activities",
approved by the order of the Chairman
of the National Security Committee
of the Republic of Kazakhstan
dated "__" ______ 2022 № __

      Form

Application of an individual to renew the license

      To________________________________________________________________________

      (full name of the licensor)

      from _____________________________________________________________________6

      (surname, name, patronymic (if any) of an individual, individual identification number)

      I ask to reissue the license and (or) annex (s) to the license (specify as necessary)

      No.____________ dated _________ 20___, issued

      _________________________________________________________________________

      (number(s) of the license and (or) annex(es) to the license, date of issue, name of

      ________________________________________________________________________

      the licensor, issued the license and (or) annex(es) to engage in

      ________________________________________________________________________

      (full name of the type of activity and (or) subtype(s) of activity)

      in accordance with the following ground(s) (indcate X in the relevant box)):

      1) change of surname, name, patronymic (if any) of an individual - licensee

      ______________________________________________________________

      2) re-registration of an individual entrepreneur - licensee, change of its name

      ____________________________________________________________

      3) re-registration of an individual entrepreneur - licensee, change of its lega address

      ______________________________________________________

      4) alienation by the licensee of the license issued under the class "permits issued to objects",

      together with the object in favor of third parties in cases where alienation of the license

      is provided for by Annex 1 to the Law of the Republic of Kazakhstan "On permissions

      and notifications"________

      5) change of the address of the location of the object without its physical movement

      for a license issued under the class "permits issued to objects" or for annexes to a license

      indicating objects __________________________________

      6) presence of a requirement for re-registration in the laws of the Republic of Kazakhstan _________

      7) change of the name of the type of activity _________________________________

      8) change of the name of the subtype of activity ______________________________

      Residence address of an individual

      __________________________________________________________________________

      (postal code, region, city, district, locality, street name, house / building number)

      E-mail _________________________________________________________

      Phones _________________________________________________________________

      Fax _____________________________________________________________________

      Bank acount ___________________________________________________________

      (account number, name and location of the bank)

      Address of the object of the activity or actions (operations)

      __________________________________________________________________________

      (postal code, region, city, district, locality, street name, house / building number (stationary room)

      _____ document (s) attached

      It is hereby confirmed that: all specified data are official contacts and any information

      on the issue or refusal to issue a license and (or) annexes to the license may be sent

      to them; the court does not prohibit the applicant to engage in a licensed type

      and (or) subtype of activity; all attached documents are true and valid; the applicant

      agrees to the use of personal data of limited access, constituting a secret protected

      by law, contained in information systems when issuing a license and (or) annex to the license.

      ______________ ____________________________________

      (signature) (surname, name, patronymic (if any)

      Date of filling: "___" ________ 20__

      ________________

      6The service provider receives information independently from the relevant state information systems through the gate of "electronic government".

  Annex 2
to the order of the Chairman
of the National Security Committee
of the Republic of Kazakhstan
dated May 6, 2020 № 34/қе

Rules for provision of a public service
"issuance of a license for the development of the means of cryptographic protection of information"

      Footnote. The rules as amended by the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 11.01.2023 № 1/қе (shall be enforced upon expiry of sixty calendar days after the date of its first official publication)

Chapter 1. General provisions

      1. These Rules for provision of a public service "issuance of a license for the development of the means of cryptographic protection of information" (hereinafter referred to as the Rules) have been developed in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On public services" (hereinafter referred to as the Law) and determine the procedure for provision of a public service "issuance of a license for the development of the means of cryptographic protection of information" (hereinafter referred to as the public service).

      2. The public service is provided by the National Security Committee of the Republic of Kazakhstan (hereinafter referred to as the service provider) to individuals or legal entities (branches and representative offices of a legal entity), who applied to the service provider for licensing (hereinafter referred to as the service recipient).

Chapter 2. Procedure for provision of a public service

      3. To receive a public service, the service recipient sends to the service provider through the web portal of the "electronic government" www.egov.kz, www.elicense.kz (hereinafter referred to as the portal) electronic copies of the documents specified in subparagraph 1) of paragraph 8 of the List of basic requirements to provision of a public service, according to Annex 1 to these Rules (hereinafter referred to as the Requirements to provision of a public service).

      4. An application for issuance of a license for the development of the means of cryptographic protection of information (hereinafter referred to as the license) is considered within 15 working days from the date of its registration.

      The service provider, within two working days from the date of receipt of the service recipient's documents for the issuance of a license, verifies the completeness of the submitted documents.

      The service provider receives information about identity document, about state registration (re-registration) of a service recipient as a legal entity, as an individual entrepreneur, about the license, about payment of the license fee (in case of payment through the payment gateway of “electronic government”), contained in state information systems, independently from the relevant state information systems through the gate of "electronic government".

      If the fact of incompleteness of the submitted documents is established, the service provider within the established period sends to the "personal account" of the service recipient in the form of an electronic document signed with the electronic digital signature of the authorized person of the service provider, a reasoned refusal to further consider the application.

      If a full package of documents is provided, the service provider within 10 working days checks the compliance of the service recipient with the qualification requirements, set forth by the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated January 30, 2015 No.4 "On approval of qualification requirements and the list of documents, confirming compliance with them, to engage in activities in the field of ensuring information security and special technical means intended for operational-search activities" (registered in the Register of State Registration of Regulatory Legal Acts under No.10473) (hereinafter referred to as the qualification requirements).

      In this case, the service provider carries out preventive control with a visit to the service recipient to check:

      1) original documents;

      2) specially designated premise of the service recipient.

      After carrying out preventive control with a visit to the service recipient, the service provider assesses the level of knowledge of the declared specialists based on the results of passing the qualification test.

      Based on the results of checking the compliance of the service recipient with the qualification requirements the service provider within 3 working days prepares in the form of an electronic document, signed with an electronic digital signature of the authorized person of the service provider, license or notifies the service recipient of a preliminary decision to refuse to issue a license, as well as the time and place (method) of the hearing to allow the service recipient to express their position on the preliminary decision.

      Notice of the hearing is sent at least 3 working days before the end of the period for the provision of the public service. The hearing is conducted no later than 2 working days from the date of the notice.

      Based on the results of the hearing, the service provider issues a license or a reasoned refusal to issue a license on the basis provided for in paragraph 9 of the Requirements to provision of a public service, and sends to the service recipient’s "personal account" on the portal.

      5. The license is subject to renewal in the following cases:

      1) change of surname, name, patronymic (if any) of the individual licensee;

      2) re-registration of an individual entrepreneur-licensee, change of its name or legal address;

      3) reorganization of the legal entity-licensee in accordance with the procedure determined by Article 34 of the Law of the Republic of Kazakhstan "On permissions and notifications";

      4) change of the name and (or) location of the legal entity-licensee;

      5) presence of a requirement for re-registration in the laws of the Republic of Kazakhstan.

      An application for renewal of the license must be submitted by the service recipient within thirty calendar days from the date of occurrence of the changes that served as the basis for the renewal of the license.

      When reissuing a license, the service recipient sends to the service provider through the portal electronic copies of documents necessary for the provision of public services in accordance with subparagraph 2) of paragraph 8 of the Requirements to provision of a public service.

      An application for renewal of a license is considered within 3 working days from the date of its registration.

      The service provider checks the changes that served as the basis to renew the license, within 1 working day.

      Based on the results of checking the completeness of the documents submitted and the changes that served as the basis for reissuing the license, the service provider within 2 working days prepares in the form of an electronic document, signed with an electronic digital signature of the authorized person of the service provider, a reissued license or a reasoned refusal to issue a license on the basis provided for in paragraph 9 of the Requirements to provision of a public service, and sends to the service recipient’s "personal account" on the portal.

      6. The service provider ensures that data is entered into the information system for monitoring the provision of public services on the stage of provision of a public service in accordance with the procedure established by the authorized body in the field of informatization, according to subparagraph 11) of paragraph 2 of Article 5 of the Law.

      The service provider ensures that information about changes and (or) additions made to these Rules is sent to the Unified Contact Center and the operator of the information and communication infrastructure of "electronic government" within ten working days from the date of their entry into force.

      When providing a public service through the state information system of permits and notifications, data on the stage of its provision is automatically sent to the information system for monitoring the provision of public services.

Chapter 3. Procedure for appealing decisions, actions (inaction) of the service provider and (or) their officials on the issues of provision of a public service

      7. A complaint against the decision, action (inaction) of the service provider concerning the provision of public services may be submitted in the name of the head of the service provider, to the authorized body for assessment and control over the quality of provision of public services, in accordance with the legislation of the Republic of Kazakhstan.

      8. A complaint from a service recipient received by a service provider directly providing a public service, in accordance with subparagraph 2) of Article 25 of the Law of the Republic of Kazakhstan "On public services" is subject to consideration within five working days from the date of its registration.

      9. A complaint from a service recipient received by the authorized body for assessment and control over the quality of provision of public services, is subject to consideration within fifteen working days from the date of its registration.

      In cases of disagreement with the results of the provision of a public service, the service recipient has the right to apply to the court in the manner prescribed by the legislation of the Republic of Kazakhstan.

      Unless otherwise provided by law, an appeal to the court is allowed after a pre-trial appeal

  Annex 1 to the Rules
for provision of a public service
"issuance of a license for the development
of the means of cryptographic protection
of information", approved by the order
of the Chairman of the National Security
Committee of the Republic of Kazakhstan
dated "__" ____ 2022 № ___

List of basic requirements to provision of a public service "issuance of a license for the development of the means of cryptographic protection of information"

1.

Name of the service provider

National Security Committee of the Republic of Kazakhstan

2.

Methods of provision of a public service

Acceptance of the application and issuance of the result of the provision of a public service are carried out through the web portal of "electronic government": www.egov.kz, www.elicense.kz

3.

Term for provision of a public service

1) when issuing a license - within 15 working days;
2) when reissuing a license - within 3 working days

4.

Form of provision of a public service

Electronic (partially automated)

5.

Result of provision of a public service

Issuance of a license, renewal of a license for development of the means of cryptographic protection of information or a reasoned refusal to provide a public service.
The result of provision of a public service is sent and stored in the “personal account” of the service recipient in the form of an electronic document signed with an electronic digital signature of the authorized person of the service provider.
The form of providing the result of provision of public service: electronic

6.

Amount of payment charged from the service recipient when rendering a public service, and methods of collecting it in cases provided for by the legislation of the Republic of Kazakhstan

The public service is provided on a paid basis to individual and legal entities.
For the provision of a public service, a license fee is charged for the right to engage in certain types of activities in accordance with Article 554 of the Code of the Republic of Kazakhstan "On taxes and other obligatory payments to the budget (Tax Code)", which amounts to:
1) for issuance of a license - 9 monthly calculated indices;
2) for renewal of a license - 0,9 monthly calculated indice.
Payment is made in cash and non-cash forms through second-tier banks and organizations carrying out certain types of banking operations.
Payment can be made through the payment gateway of "electronic government"

7.

Work schedule of the service provider and the objects of information

1) the service provider - from Monday to Friday inclusive, from 09:00 to 19:00, with a lunch break from 13:00 to 15:00, except weekends and holidays, in accordance with the labor legislation of the Republic of Kazakhstan;
2) the portal –around the clock, with the exception of breaks related to technical work (when the service recipient applies after the end of working hours, on weekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan, applications are accepted and the results of provision of public services are issued on the next working day).
The address of the place of provision of a public service is posted on the official Internet resource of the service provider: www.knb.kz

8.

List of documents and information, required from service recipient for provision of a public service

1) to obtain a license:
an application of a legal entity in the form of an electronic document certified by the electronic digital signature of the service recipient in the form in accordance with Annex 2 to these Rules or an application of an individual in the form of an electronic document certified by the electronic digital signature of the service recipient, in the form according to Annex 3 to these Rules;
information confirming payment of a license fee to the budget, except for cases of payment through the payment gateway of “electronic government”;
electronic form of information on the compliance of the service recipient with the qualification requirements in the form in accordance with Annex 4 to these Rules;
2) to renew the license:
an application of a legal entity in the form of an electronic document certified by the electronic digital signature of the service recipient in the form in accordance with Annex 5 to these Rules or an application of an individual in the form of an electronic document certified by the electronic digital signature of the service recipient, in the form according to Annex 6 to these Rules;
information confirming payment of the license fee to the budget, except for cases of payment through the payment gateway of “electronic government”;
electronic copies of documents containing information about the changes that served as the basis to renew the license, except for documents, information from which is contained in state information systems

9.

Grounds for refusal to provide a public service established by the legislation of the Republic of Kazakhstan

1) establishing the inaccuracy of the documents submitted by the service recipient for obtaining a license, and (or) the data (information) contained therein;
2) the license fee has not been paid;
3) non-compliance of the service recipient and (or) the submitted data and information necessary for provision of public services with qualification requirements;
4) in relation to the service recipient there is a court decision (verdict) that has entered into legal force on suspension or prohibition of activities or certain types of activities subject to licensing;
5) ) on the basis of the recommendation of the enforcement agent, the court temporarily prohibited to issue a license to the service recipient-debtor.When reorganizing a legal entity-licensee in the form of division:1) failure to submit or improper execution of the documents specified in subparagraph 2) of paragraph 8 of the Requirements to provision of a public service;2) non-compliance of the service recipient with the qualification requirements;3) if earlier the license and (or) annex to the license were reissued to another legal entity from among those newly emerged as a result of the division of legal entities-licensees

10.

Other requirements, taking into account the specifics of provision of a public service

The service recipient receives a public service in electronic form through the portal, subject to availability of an electronic digital signature.The service recipient has the opportunity to receive information about the procedure and status of provision of public service in remote access mode on the portal in the “personal account” of the service recipient, as well as by calling the service provider and the Unified Contact Center for provision of a public service: 8 (7172) 76-49-49

  Annex 2 to the Rules
for provision of a public service
"issuance of a license for the development
of the means of cryptographic protection
of information", approved by the order
of the Chairman of the National Security
Committee of the Republic of Kazakhstan
dated "__" ____ 2022 № ___

      Form

Application of a legal entity to obtain a license

      To______________________________________________________________________

      (full name of the licensor)

      from _____________________________________________________________________7

      (full name, location, business identification number of a legal entity (including a foreign legal

      entity), business identification number of a branch or representative office of a foreign legal

      entity – in the absence of a business identification number of the legal entity)

      I ask to issue a license and (or) annex to the license (specify as required) to implement

      ___________________________________________________________

      (indicate the full name of the type of activity and (or) subtype (s) of the activity)

      Legal entity address__________________________________________________

      (postal code, country (for a foreign legal entity), region, city, district, settlement, street name,

      house / building number (stationary premise)

      E-mail ________________________________________________________

      Phones ________________________________________________________________

      Fax ____________________________________________________________________

      Bank acount __________________________________________________________

      (account number, name and location of the bank)

      Address of the object of the activity or actions (operations)

      ________________________________________________________________________

      (postal code, region, city, district, locality, street name, house / building number (stationary room)

      _____ document (s) attached It is hereby confirmed that: all specified data are official contacts

      and any information on the issue or refusal to issue a license and (or) annexes to the license may

      be sent to them; the court does not prohibit the applicant to engage in a licensed type and (or)

      subtype of activity; all attached documents are true and valid; the applicant agrees to the use

      of personal data of limited access, constituting a secret protected by law, contained in information

      systems when issuing a license and (or) annex to the license.

      Manager _____________ _______________________________________

      (signature) (surname, name, patronymic (if any)

      Date of filling: "__" __________ 20__

      ____________________

      7The service provider receives information independently from the relevant state

      information systems through the gate of "electronic government".

  Annex 3 to the Rules
for provision of a public service
"issuance of a license for the development
of the means of cryptographic protection
of information", approved by the order
of the Chairman of the National Security
Committee of the Republic of Kazakhstan
dated "__" ____ 2022 № ___

      Form

Application of an individual to obtain a license

      To ______________________________________________________________________

      (full name of the licensor)

      from _____________________________________________________________________8

      (surname, name, patronymic (if any) of an individual, individual identification number)

      I ask to issue a license and (or) annex to the license (specify as required) to implement

      __________________________________________________________

      (indicate the full name of the type of activity and (or) subtype (s) of the activity)

      Residence address of an individual

      ________________________________________________________________________

      (postal code, region, city, district, locality, street name, house / building number)

      E-mail _______________________________________________________

      Phones ______________________________________________________________

      Fax ___________________________________________________________________

      Bank acount _________________________________________________________

      (account number, name and location of the bank)

      Address of the object of the activity or actions (operations)

      ________________________________________________________________________

      (postal code, region, city, district, locality, street name, house / building number (stationary room)

      _____ document (s) attached

      It is hereby confirmed that: all specified data are official contacts and any information

      on the issue or refusal to issue a license and (or) annexes to the license may be sent to them;

      the court does not prohibit the applicant to engage in a licensed type and (or) subtype

      of activity; all attached documents are true and valid; the applicant agrees to the use

      of personal data of limited access, constituting a secret protected by law,

      contained in information systems when issuing a license and (or) annex to the license.

      _________________________________________________________________________

      _________________________________________________________________________

      (signature) (surname, name, patronymic (if any)

      Date of filling: "___" ________ 20__

      ____________________

      8The service provider receives information independently from the relevant state information

      systems through the gate of "electronic government".

  Annex 4 to the Rules
for provision of a public service
"issuance of a license for the development
of the means of cryptographic protection
of information", approved by the order
of the Chairman of the National Security
Committee of the Republic of Kazakhstan
dated "__" ____ 2022 № ___

      Form

Form of information on compliance of the service recipient with qualification requirements
to engage in development of the means of cryptographic protection of information

      1. Information about the service recipient

      _______________________________________________________________________9;

      (surname, name, patronymic (if any) of an individual, individual identification number,

      date and number of issuance of the certificate/acknowledgement on state registration /

      re-registration of a legal entity)

      2. Information about the declared specialist(s) with a higher education in a technical

      or physical and mathematical specialty

      ________________________________________________________________________;

      indicate specialty and qualification, as well as the number, date and place of issue

      of the diploma(s)), name of educational institution, attaching a copy(ies) of the diploma(s)

      3. Information on availability of a specialy allocated premise

      ________________________________________________________________________

      (indicate the details of documents confirming ownership right or other legal ___________

      ________________________________________________________________________

      grounds as well as an agreement(s) on provision of services of the security and

      _______________________________________________________________________

      fire alarm automated systems with specialized organization (s):

      ________________________________________________________________________

      registration numbers and dates, as well as names of relevant organizations,

      ________________________________________________________________________;

      attaching a copy(ies) of the document(s)

      Note: when considering the service recipient’s application for a license, the service provider

      assesses the level of knowledge of the applicants by conducting a qualification test.

      The list of questions for the qualifying test is established by the service provider.

      The qualification test is submitted to the service provider’s department at the place of implementation of activities.

      __________________

      9The service provider receives information independently from the relevant state information systems through the gate of "electronic government".

  Annex 5 to the Rules
for provision of a public service
"issuance of a license for the development
of the means of cryptographic protection
of information", approved by the order
of the Chairman of the National Security
Committee of the Republic of Kazakhstan
dated "__" ____ 2022 № ___

      Form

Application of a legal entity to renew the license

      To _____________________________________________________________________

      (full name of the licensor)

      from ___________________________________________________________________10

      (full name, location, business identification number of a legal entity (including a foreign

      legal entity), business identification number of a branch or representative office of a foreign

      legal entity – in the absence of a business identification number of the legal entity)

      I ask to reissue the license and (or) annex(es) to the license (specify as necessary)

      No.__________ dated "___" _________ 20___, issued

      ________________________________________________________________________

      (number(s) of the license and (or) annex(s) to the license, date of issue, name of the licensor

      who issued the license and (or) annex(s) to the license)

      To engage in ________________________________________________________

      (full name of the type of activity and (or) subtype(s) of activity)

      in accordance with the following ground(s) (indcate X in the relevant box)):

      1) reorganization of the legal entity-licensee in accordance with the procedure determined

      by Article 34 of the Law of the Republic of Kazakhstan "On permissions and notifications"

      through (indcate X in the relevant box)):

      merger ___ reorganization ___ accession ___ spin-off ___ division___

      2) change of the name of a legal entity- licensee_____________________

      3) change of the location of a legal entity- licensee__________________

      4) alienation by the licensee of the license issued under the class "permits issued to objects",

      together with the object in favor of third parties in cases where alienation of the license

      is provided for by Annex 1 to the Law of the Republic of Kazakhstan "On permissions

      and notifications" ____________________________________________

      5) change of the address of the location of the object without its physical movement

      for a license issued under the class "permits issued to objects" or for annexes to a license

      indicating objects __________________________________

      6) presence of a requirement for re-registration in the laws of the Republic of Kazakhstan

      __________________________________________________________________________

      7) change of the name of the type of activity _________________________________

      8) change of the name of the subtype of activity ______________________________

      Address of a legal entity

      __________________________________________________________________________

      (country - for a foreign legal entity, postal code, region, city, district, locality, street name,

      house / building number (stationary room)

      E-mail _________________________________________________________

      Phones ________________________________________________________________

      Fax _____________________________________________________________________

      Bank acount ___________________________________________________________

      (account number, name and location of the bank)

      Address of the object of the activity or actions (operations)

      _________________________________________________________________________

      (postal code, region, city, district, locality, street name, house / building number (stationary room)

      _____ document (s) attached

      It is hereby confirmed that: all specified data are official contacts and any information

      on the issue or refusal to issue a license and (or) annexes to the license may be sent to them;

      the court does not prohibit the applicant to engage in a licensed type and (or) subtype

      of activity; all attached documents are true and valid; the applicant agrees to the use

      of personal data of limited access, constituting a secret protected by law, contained

      in information systems when issuing a license and (or) annex to the license.

      Manager _____________ _________________________________________

      (signature) (surname, name, patronymic (if any)

      Date of filling: "__" __________ 20__

      _______________

      10The service provider receives information independently from the relevant state information systems through the gate of "electronic government".

  Annex 6 to the Rules
for provision of a public service
"issuance of a license for the development
of the means of cryptographic protection
of information", approved by the order
of the Chairman of the National Security
Committee of the Republic of Kazakhstan
dated "__" ____ 2022 № ___

      Form

Application of an individual to renew the license

      To ________________________________________________________________________

      (full name of the licensor)

      From ______________________________________________________________________11

      (surname, name, patronymic (if any) of an individual, individual identification number)

      I ask to reissue the license and (or) annex (s) to the license (specify as necessary)

      No. ____________ dated _________ 20___, issued

      ________________________________________________________________________

      (number(s) of the license and (or) annex(es) to the license, date of issue, name of

      _______________________________________________________________________

      the licensor, issued the license and (or) annex(es) to engage in

      _______________________________________________________________________

      (full name of the type of activity and (or) subtype(s) of activity)

      in accordance with the following ground(s) (indcate X in the relevant box)):

      1) change of surname, name, patronymic (if any) of an individual - licensee

      _____________________________________________________________

      2) re-registration of an individual entrepreneur - licensee, change of its name

      __________________________________________________________

      3) re-registration of an individual entrepreneur - licensee, change of its lega address

      ____________________________________________________

      4) alienation by the licensee of the license issued under the class "permits issued to objects",

      together with the object in favor of third parties in cases where alienation of the license

      is provided for by Annex 1 to the Law of the Republic of Kazakhstan

      "On permissions and notifications" ___________________________________________

      5) change of the address of the location of the object without its physical movement

      for a license issued under the class "permits issued to objects" or for annexes to a license

      indicating objects _________________________________

      6) presence of a requirement for re-registration in the laws of the Republic of Kazakhstan _________

      7) change of the name of the type of activity _________________________________

      8) change of the name of the subtype of activity ______________________________

      Residence address of an individual

            __________________________________________________________________________

      (postal code, region, city, district, locality, street name, house / building number)

      E-mail _________________________________________________________

      Phones _________________________________________________________________

      Fax _____________________________________________________________________

      Bank acount ___________________________________________________________

      (account number, name and location of the bank)

      Address of the object of the activity or actions (operations)

      _________________________________________________________________________

      (postal code, region, city, district, locality, street name, house / building number (stationary room)

      _____ document (s) attached

      It is hereby confirmed that: all specified data are official contacts and any information

      on the issue or refusal to issue a license and (or) annexes to the license may be sent

      to them; the court does not prohibit the applicant to engage in a licensed type

      and (or) subtype of activity; all attached documents are true and valid; the applicant

      agrees to the use of personal data of limited access, constituting a secret protected by law,

      contained in information systems when issuing a license and (or) annex to the license.

      ____________________________________________________

      ______________________________________________

      (signature) (surname, name, patronymic (if any)

      Date of filling: "___" ________ 20__

      __________________

      11The service provider receives information independently from the relevant state information systems through the gate of "electronic government".

  Annex 3
to the order of the Chairman
of the National Security Committee
of the Republic of Kazakhstan
dated May 6, 2020 № 34/қе

Rules for provision of a public service "Issuance of a license for the provision of services to identify technical channels of information leakage and special technical means indended for operational-search activities"

      Footnote. The Rules as amended by the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 11.01.2023 № 1/қе (shall be enforced upon expiry of sixty calendar days after the date of its first official publication).

Chapter 1. General provisions

      1. These Rules for provision of a public service "Issuance of a license for the provision of services to identify technical channels of information leakage and special technical means indended for operational-search activities" (hereinafter referred to as the Rules) have been developed in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On public services" (hereinafter referred to as the Law) and determine the procedure for provision of a public service "Issuance of a license for the provision of services to identify technical channels of information leakage and special technical means indended for operational-search activities" (hereinafter referred to as the public service).

      2. The public service is provided by the National Security Committee of the Republic of Kazakhstan (hereinafter referred to as the service provider) to individuals or legal entities (branches or representative offices of a legal entity, licensees), who applied to the service provider for licensing (hereinafter referred to as the service recipient).

Chapter 2. Procedure for provision of a public service

      3. To receive a public service, the service recipient sends to the service provider through the web portal of the "electronic government" www.egov.kz, www.elicense.kz (hereinafter referred to as the portal) electronic copies of the documents specified in subparagraph 1) of paragraph 8 of the List of basic requirements to provision of a public service, according to Annex 1 to these Rules (hereinafter referred to as the Requirements to provision of a public service).

      4. An application for issuance of a license for the provision of services to identify technical channels of information leakage and special technical means indended for operational-search activities (hereinafter referred to as the license), is considered within 15 working days from the date of its registration.

      The service provider, within two working days from the date of receipt of the service recipient's documents for the issuance of a license, verifies the completeness of the submitted documents.

      The service provider receives information about identity document, about state registration (re-registration) of a service recipient as a legal entity, as an individual entrepreneur, about the license, about payment of the license fee (in case of payment through the payment gateway of “electronic government”), contained in state information systems, independently from the relevant state information systems through the gate of "electronic government".

      If the fact of incompleteness of the submitted documents is established, the service provider within the established period sends to the "personal account" of the service recipient in the form of an electronic document signed with the electronic digital signature of the authorized person of the service provider, a reasoned refusal to further consider the application.

      If a full package of documents is provided, the service provider within 10 working days checks the compliance of the service recipient with the qualification requirements, established by the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated January 30, 2015 No. 4 "On approval of qualification requirements and the list of documents, confirming compliance with them, to engage in activities in the field of ensuring information security and special technical means intended for operational-search activities" (registered in the Register of State Registration of Regulatory Legal Acts under No. 10473) (hereinafter referred to as the qualification requirements).

      In this case, the service provider carries out preventive control with a visit to the service recipient to check:

      1) original documents;

      2) specially designated premise;

      3) availability of a minimum set of search means.

      After carrying out preventive control with a visit to the service recipient, the service provider assesses the level of knowledge of the declared specialists based on the results of passing the qualification test for a subtype of activities for the provision of services to identify technical channels of information leakage and special technical means indended for operational-search activities.

      Passing the qualifying test for subdtypes of activities for the provision of services to identify technical channels of information leakage and special technical means indended for operational-search activities, within the framework of the activity of the operational center of information security or the information incident response service is not required.

      Based on the results of checking the compliance of the service recipient with the qualification requirements the service provider within 3 working days prepares in the form of an electronic document, signed with an electronic digital signature of the authorized person of the service provider, license or notifies the service recipient of a preliminary decision to refuse to issue a license, as well as the time and place (method) of the hearing to allow the service recipient to express their position on the preliminary decision.

      Notice of the hearing is sent at least 3 working days before the end of the period for the provision of the public service. The hearing is conducted no later than 2 working days from the date of the notice.

      Based on the results of the hearing, the service provider issues a license or a reasoned refusal to issue a license on the basis provided for in paragraph 9 of the Requirements to provision of a public service, and sends to the service recipient’s "personal account" on the portal.

      5. The license is subject to renewal in the following cases:

      1) change of surname, name, patronymic (if any) of the individual licensee;

      2) re-registration of an individual entrepreneur-licensee, change of its name or legal address;

      3) reorganization of the legal entity-licensee in accordance with the procedure determined by Article 34 of the Law of the Republic of Kazakhstan "On permissions and notifications";

      4) change of the name and (or) location of the legal entity-licensee;

      5) presence of a requirement for re-registration in the laws of the Republic of Kazakhstan.

      An application for renewal of the license must be submitted by the service recipient within thirty calendar days from the date of occurrence of the changes that served as the basis for the renewal of the license.

      When reissuing a license, the service recipient sends to the service provider through the portal electronic copies of documents necessary for the provision of public services in accordance with subparagraph 2) of paragraph 8 of the Requirements to provision of a public service.

      An application for renewal of a license is considered within 3 working days from the date of its registration.

      The service provider checks the amendments served as the basis to renew the license, within 1 working day.

      Based on the results of checking the completeness of the documents submitted and the changes that served as the basis for reissuing the license, the service provider within 2 working days prepares in the form of an electronic document, signed with an electronic digital signature of the authorized person of the service provider, a reissued license or a reasoned refusal to issue a license on the basis provided for in paragraph 9 of the Requirements to provision of a public service, and sends to the service recipient’s "personal account" on the portal.

      6. The service provider ensures that data is entered into the information system for monitoring the provision of public services on the stage of provision of a public service in accordance with the procedure established by the authorized body in the field of informatization, according to subparagraph 11) of paragraph 2 of Article 5 of the Law.

      The service provider ensures that information about changes and (or) additions made to these Rules is sent to the Unified Contact Center and the operator of the information and communication infrastructure of "electronic government" within ten working days from the date of their entry into force.

      When providing a public service through the state information system of permits and notifications, data on the stage of its provision is automatically sent to the information system for monitoring the provision of public services.

Chapter 3. Procedure for appealing decisions, actions (inaction) of the service provider and (or) their officials on the issues of provision of a public service

      7. A complaint against the decision, action (inaction) of the service provider concerning the provision of public services may be submitted in the name of the head of the service provider, to the authorized body for assessment and control over the quality of provision of public services, in accordance with the legislation of the Republic of Kazakhstan.

      8. A complaint from a service recipient received by a service provider directly providing a public service, in accordance with subparagraph 2) of Article 25 of the Law of the Republic of Kazakhstan "On public services" is subject to consideration within five working days from the date of its registration.

      9. A complaint from a service recipient received by the authorized body for assessment and control over the quality of provision of public services, is subject to consideration within fifteen working days from the date of its registration.

      In cases of disagreement with the results of the provision of a public service, the service recipient has the right to apply to the court in the manner prescribed by the legislation of the Republic of Kazakhstan.

      Unless otherwise provided by law, an appeal to the court is allowed after a pre-trial appeal

  Annex 1 to the
  Rules for provision
of a public service
"Issuance of a license for
the provision of services
to identify technical channels
of information leakage and
special technical means indended
for operational-search activities",
approved by the order of the Chairman
of the National Security Committee
of the Republic of Kazakhstan
dated "__" ______ 2022 №.___

List of basic requirements to provision of a public service "Issuance of a license for the provision of services to identify technical channels of information leakage and special technical means indended for operational-search activities"

1.

Name of the service provider

National Security Committee of the Republic of Kazakhstan

2.

Methods of provision of a public service

Acceptance of the application and issuance of the result of the provision of a public service are carried out through the web portal of "electronic government": www.egov.kz, www.elicense.kz

3.

Term for provision of a public service

1) when issuing a license - within 15 working days;
2) when reissuing a license - within 3 working days

4.

Form of provision of a public service

Electronic (partially automated)

5.

Result of provision of a public service

Issuance of a license, reissuance of a license for the provision of services to identify technical channels of information leakage and special technical means indended for operational-search activities, or a reasoned refusal to provide a public service.
The result of provision of a public service is sent and stored in the “personal account” of the service recipient in the form of an electronic document signed with an electronic digital signature of the authorized person of the service provider.
The form of providing the result of provision of public service: electronic

6.

Amount of payment charged from the service recipient when rendering a public service, and methods of collecting it in cases provided for by the legislation of the Republic of Kazakhstan

The public service is provided on a paid basis to individual and legal entities.
For the provision of a public service, a license fee is charged for the right to engage in certain types of activities in accordance with Article 554 of the Code of the Republic of Kazakhstan "On taxes and other obligatory payments to the budget (Tax Code)", which amounts to:1) for issuance of a license - 20 monthly calculation indices; 2) for reissuance of a license - 2 monthly calculation indices.Payment is made in cash and non-cash forms through second-tier banks and organizations carrying out certain types of banking operations.Payment can be made through the payment gateway of "electronic government"

7.

Work schedule of the service provider and the objects of information

1) the service provider - from Monday to Friday inclusive, from 09:00 to 19:00, with a lunch break from 13:00 to 15:00, except weekends and holidays, in accordance with the labor legislation of the Republic of Kazakhstan;2) the portal –around the clock, with the exception of breaks related to technical work (when the service recipient applies after the end of working hours, on weekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan, applications are accepted and the results of provision of public services are issued on the next working day).The address of the place of provision of a public service is posted on the official Internet resource of the service provider: www.knb.kz

8.

List of documents and information, required from service recipient for provision of a public service

1) to obtain a license:
an application of a legal entity in the form of an electronic document certified by the electronic digital signature of the service recipient in the form in accordance with Annex 2 to these Rules or an application of an individual in the form of an electronic document certified by the electronic digital signature of the service recipient, in the form according to Annex 3 to these Rules;information confirming payment of the license fee to the budget, except for cases of payment through the payment gateway of “electronic government”;electronic form of information on compliance of the service recipient with qualification requirements to engage in activities for the provision of services to identify technical channels of information leakage and special technical means indended for operational-search activities, in the form according to Annex 4 to these Rules или electronic form of information on compliance of the service recipient with qualification requirements to engage in activities for the provision of services to identify technical channels of information leakage and special technical means indended for operational-search activities, within the activties of the operational center of information security or the information security incident response service, in the form, according to Annex 5 to these Rules;
2) to renew the license: an application of a legal entity in the form of an electronic document certified by the electronic digital signature of the service recipient in the form in accordance with Annex 6 to these Rules or an application of an individual in the form of an electronic document certified by the electronic digital signature of the service recipient, in the form according to Annex 7 to these Rules;
information confirming payment of the license fee to the budget, except for cases of payment through the payment gateway of “electronic government”;electronic copies of documents containing information about the changes that served as the basis to renew the license, except for documents, information from which is contained in state information systems

9

Grounds for refusal to provide a public service established by the legislation of the Republic of Kazakhstan

1) establishing the inaccuracy of the documents submitted by the service recipient for obtaining a license, and (or) the data (information) contained therein;
2) the license fee has not been paid;
3) non-compliance of the service recipient and (or) the submitted data and information necessary for provision of public services with qualification requirements;
4) in relation to the service recipient there is a court decision (verdict) that has entered into legal force on suspension or prohibition of activities or certain types of activities subject to licensing;5) ) on the basis of the recommendation of the enforcement agent, the court temporarily prohibited to issue a license to the service recipient-debtor.When reorganizing a legal entity-licensee in the form of division:1) failure to submit or improper execution of the documents specified in subparagraph 2) of paragraph 8 of the Requirements to provision of a public service;2) non-compliance of the service recipient with the qualification requirements;
3) if earlier the license and (or) annex to the license were reissued to another legal entity from among those newly emerged as a result of the division of legal entities-licensees

10

Other requirements, taking into account the specifics of provision of a public service

The service recipient receives a public service in electronic form through the portal, subject to availability of an electronic digital signature.The service recipient has the opportunity to receive information about the procedure and status of provision of public service in remote access mode on the portal in the “personal account” of the service recipient, as well as by calling the service provider and the Unified Contact Center for the provision of public services.
Contact phones of the service provider regarding the issues of the provision of a public service: 8 (7172) 76-49-49

  Annex 2 to the
  Rules for provision
of a public service
"Issuance of a license for
the provision of services
to identify technical channels
of information leakage and
special technical means indended
for operational-search activities",
approved by the order of the Chairman
of the National Security Committee
of the Republic of Kazakhstan
dated "__" ______ 2022 №.___

      Form

Application of a legal entity to obtain a license

      To ______________________________________________________________________

      (full name of the licensor)

      from ____________________________________________________________________12

      (full name, location, business identification number of a legal entity (including a foreign legal entity),

      business identification number of a branch or representative office of a foreign legal

      entity – in the absence of a business identification number of the legal entity)

      I ask to issue a license and (or) annex to the license (specify as required) to implement

      ________________________________________________________________________

      (indicate the full name of the type of activity and (or) subtype (s) of the activity)

      Legal entity address_________________________________________________

      (postal code, country (for a foreign legal entity), region, city, district, settlement, street name,

      house / building number (stationary premise)

      E-mail _______________________________________________________

      Phones ______________________________________________________________

      Fax ___________________________________________________________________

      Bank acount _________________________________________________________

      (account number, name and location of the bank)

      Address of the object of the activity or actions (operations)

      ________________________________________________________________________

      (postal code, region, city, district, locality, street name, house / building number (stationary room)

      _____ document (s) attached

      It is hereby confirmed that: all specified data are official contacts and any information

      on the issue or refusal to issue a license and (or) annexes to the license may be sent to them;

      the court does not prohibit the applicant to engage in a licensed type and (or) subtype

      of activity; all attached documents are true and valid; the applicant agrees to the use of personal

      data of limited access, constituting a secret protected by law, contained in information

      systems when issuing a license and (or) annex to the license.

      Manager _____________ _______________________________________

      (signature) (surname, name, patronymic (if any)

      Date of filling: "__" __________ 20__

      _______________

      12The service provider receives information independently from the relevant state information systems through the gate of "electronic government".

  Annex 3 to the
Rules for provision
of a public service
"Issuance of a license for
the provision of services
to identify technical channels
of information leakage and
special technical means indended
for operational-search activities",
approved by the order of the Chairman
of the National Security Committee
of the Republic of Kazakhstan
dated "__" ______ 2022 №.___

      Form

Application of an individual to obtain a license

      To ____________________________________________________________________

      (full name of the licensor)

      from __________________________________________________________________13

      (surname, name, patronymic (if any) of an individual, individual identification number)

      I ask to issue a license and (or) an Annex to the license to engage in

      _______________________________________________________________________

      (indicate the full name of the type of activity and (or) subtype (s) of the activity)

      Residence address of an individual

      _______________________________________________________________________

      (postal code, region, city, district, locality, street name, house / building number)

      E-mail _____________________________________________________

      Phones _____________________________________________________________

      Fax _________________________________________________________________

      Bank acount _______________________________________________________

      (account number, name and location of the bank)

      Address of the object of the activity or actions (operations)

      ______________________________________________________________________

      (postal code, region, city, district, locality, street name, house / building number (stationary room)

      _____ document (s) attached

      It is hereby confirmed that: all specified data are official contacts and any information

      on the issue or refusal to issue a license and (or) annexes to the license may be sent to them;

      the court does not prohibit the applicant to engage in a licensed type and (or) subtype

      of activity; all attached documents are true and valid; the applicant agrees to the use

      of personal data of limited access, constituting a secret protected by law, contained

      in information systems when issuing a license and (or) annex to the license.

      ___________________________________________________

      ______________________________________________

      (signature) (surname, name, patronymic (if any)

      Date of filling: "___" ________ 20__

      ___________________

      13The service provider receives information independently from the relevant state information systems through the gate of "electronic government".

  Annex 4 to the
Rules for provision
of a public service
"Issuance of a license for
the provision of services
to identify technical channels
of information leakage and
special technical means indended
for operational-search activities",
approved by the order of the Chairman
of the National Security Committee
of the Republic of Kazakhstan
dated "__" ______ 2022 №.___

      Form

Form of information on compliance of the service recipient with qualification Requirements for engaging in activities for the provision of services to identify technical channels of information leakage and special technical means intended for operational-search activities

      1. Information about the service recipient

      _____________________________________________________________________14;

      (surname, name, patronymic (if any) of an individual, individual identification number,

      date and number of issue of the certificate/certificate of state registration/re-registration of a legal entity)

      2. Information about the declared specialist (s) who have higher technical education

      ______________________________________________________________________;

      (indicate specialty and qualification, as well as the number, date and place of issue

      of the diploma(s)), name of educational institution, attaching a copy(ies) of the diploma(s)

      3. Information about availability of the minimum set of search technical means

      _______________________________________________________________________

      (indicate the details of the letter of the service recipient with the attachment of documents confirming

      ______________________________________________________;

      availability of these means on the ownership right: registration number and date)

      4. Information on availability of a specialy allocated premise

      _______________________________________________________________________

      (indicate the details of documents confirming ownership right or other legal

      ______________________________________________________________

      grounds as well as an agreement(s) on provision of services of the security and

      _______________________________________________________________________

      fire alarm automated systems with specialized organization (s):

      registration ________________________________________________________

      numbers and dates, as well as names of relevant organizations attaching a copy (ies) of

      _____________________________________________________ _____ document(s)

      Note: assessment of the level of knowledge of the declared persons is carried out based

      on the results of the qualification test for the declared type of activity. The list of questions

      or the qualifying test is established by the service provider. The qualification test is submitted

      to the service provider’s department at the place of activity of the service recipient.

      ______________

      14The service provider receives information independently from the relevant state information systems through the gate of "electronic government".

  Annex 5 to the
  Rules for provision
of a public service
"Issuance of a license for
the provision of services
to identify technical channels
of information leakage and
special technical means indended
for operational-search activities",
approved by the order of the Chairman
of the National Security Committee
of the Republic of Kazakhstan
dated "__" ______ 2022 №.___

      Form

Form of information on compliance of the service recipient with qualification requirements for engaging in activities for the provision of services to identify technical channels of information leakage and special technical means intended for operational-search activities, within the activties of the operational center of information security or the information security incident response service

      1. Information about the service recipient

      _____________________________________________________________________15;

      (surname, name, patronymic (if any) of an individual, individual identification number,

      date and number of issue of the certificate/certificate of state registration/re-registration of a legal entity)

      2. Information about the declared specialist(s) who has a higher or professional technical

      education, who has undergone retraining and advanced training in information security areas

      ______________________________________________________________________

      (indicate the specialty, qualification, direction, as well as the number, date and place of issue of the diploma

      ______________________________________________________________________

      (s), certificates, certificates and (or) acknowledgements, name of educational institution,

      ______________________________________________________________________

      training center, organization, attaching a copy(s) of supporting document(s))

      3. Information about availability of a minimum set of search means

      _______________________________________________________________________

      (indicate the details of documents confirming the availability of the specified funds

      on the ownership right ___________________________________________________________

      or other legal basis: registration number and date, attaching a copy(ies) of the document(s)

      4. Information on availability of a specialy allocated premise

      _______________________________________________________________________

      (indicate the details of documents confirming ownership or other legal

      ______________________________________________________________

      groud as well as an agreement(s) on provision of services of security and fire

      _____________________________________________________________

      alarm automated systems with specialized organization(s): name of the document,

      _____________________________________________________________

      registration number and date, as well as names of relevant organizatons, attaching a copy(ies) of document(s)

      _________________

      15The service provider receives information independently from the relevant state information systems through the gate of "electronic government".

  Annex 6 to the
Rules for provision
of a public service
"Issuance of a license for
the provision of services
to identify technical channels
of information leakage and
special technical means indended
for operational-search activities",
approved by the order of the Chairman
of the National Security Committee
of the Republic of Kazakhstan
dated "__" ______ 2022 №.___

      Form

Application of a legal entity to renew the license

      To _____________________________________________________________________

      (full name of the licensor)

      from ____________________________________________________________________16

      (full name, location, business identification number of a legal entity (including a foreign legal entity),

      business identification number of a branch or representative office of a foreign legal

      entity – in the absence of a business identification number of the legal entity)

      I ask to reissue the license and (or) annex(es) to the license (specify as necessary)

      No.__________ dated "___" _________ 20___, issued

      _______________________________________________________________________

      (number(s) of the license and (or) annex(s) to the license, date of issue, name of the licensor

      who issued the license and (or) annex(s) to the license)

      To engage in _______________________________________________________

      (full name of the type of activity and (or) subtype(s) of activity) in accordance with

      the following ground(s) (indcate X in the relevant box)):

      1) reorganization of the legal entity-licensee in accordance with the procedure determined

      by Article 34 of the Law of the Republic of Kazakhstan "On permissions and notifications"

      through (indcate X in the relevant box)):

      merger ___ reorganization ___ accession ___ spin-off ____ division ____

      2) change of the name of a legal entity- licensee________

      3) change of the location of a legal entity- licensee________

      4) alienation by the licensee of the license issued under the class "permits issued to objects",

      together with the object in favor of third parties in cases where alienation of the license

      is provided for by Annex 1 to the Law of the Republic of Kazakhstan "On permissions and

      notifications" ____________________________________________

      5) change of the address of the location of the object without its physical movement for

      a license issued under the class "permits issued to objects" or for annexes to a license

      indicating objects ______________________________________________________________

      6) presence of a requirement for re-registration in the laws of the Republic of Kazakhstan

      _______________________________________________________________________

      7) change of the name of the type of activity ______________________________

      8) change of the name of the subtype of activity ___________________________

      Legal entity address________________________________________________

      (country - for a foreign legal entity, postal code, region, city, district, locality, street name,

      house / building number (stationary room)

      E-mail _____________________________________________________

      Phones _____________________________________________________________

      Fax _________________________________________________________________

      Bank acount _______________________________________________________

      (account number, name and location of the bank)

      Address of the object of the activity or actions (operations)

      ______________________________________________________________________

      (postal code, region, city, district, locality, street name, house / building number (stationary room)

      _____________________________________________________ document (s) attached

      It is hereby confirmed that: all specified data are official contacts and any information on the issue or refusal to issue a license and (or) annexes to the license may be sent to them; the court does not prohibit the applicant to engage in a licensed type and (or) subtype of activity; all attached documents are true and valid; the applicant agrees to the use of personal data of limited access, constituting a secret protected by law, contained in information systems when issuing a license and (or) annex to the license.

      Manager _____________ ______________________________________________

      (signature) (surname, name, patronymic (if any)

      Date of filling: "__" __________ 20__

      ______________

      16The service provider receives information independently from the relevant state information systems through the gate of "electronic government".

  Annex 7 to the
Rules for provision
of a public service
"Issuance of a license for
the provision of services
to identify technical channels
of information leakage and
special technical means indended
for operational-search activities",
approved by the order of the Chairman
of the National Security Committee
of the Republic of Kazakhstan
dated "__" ______ 2022 №.___

      Form

Application of an individual to renew the license

      To _____________________________________________________________________

      (full name of the licensor)

      from ___________________________________________________________________17

      (surname, name, patronymic (if any) of an individual, individual identification number)

      I ask to reissue the license and (or) annex (s) to the license (specify as necessary)

      No.____________ dated _________ 20___, issued

      _______________________________________________________________________

      (number(s) of the license and (or) annex(es) to the license, date of issue, name of

      licensor, ____________________________________________________________

      who issued the license and (or) annex(s) to the license) to engage in

      _______________________________________________________________________

      (full name of the type of activity and (or) subtype(s) of activity)

      in accordance with the following ground(s) (indcate X in the relevant box)):

      1) change of surname, name, patronymic (if any) of an individual - licensee

      _____________________________________________________________

      2) re-registration of an individual entrepreneur - licensee, change of its name

      __________________________________________________________

      3) re-registration of an individual entrepreneur - licensee, change of its lega address

      ____________________________________________________

      4) alienation by the licensee of the license issued under the class "permits issued to objects",

      together with the object in favor of third parties in cases where alienation of the license

      is provided for by Annex 1 to the Law of the Republic of Kazakhstan "On permissions and

      notifications"___________________________________________

      5) change of the address of the location of the object without its physical movement for

      a license issued under the class "permits issued to objects" or for annexes to a license

      indicating objects ____________________________________________________________

      6) presence of a requirement for re-registration in the laws of the Republic of Kazakhstan _________

      7) change of the name of the type of activity _________________________________

      8) change of the name of the subtype of activity ______________________________

      Residence address of an individual

      __________________________________________________________________________

      (postal code, region, city, district, locality, street name, house / building number)

      E-mail _________________________________________________________

      Phones _________________________________________________________________

      Fax _____________________________________________________________________

      Bank acount ___________________________________________________________

      (account number, name and location of the bank)

      Address of the object of the activity or actions (operations)

      __________________________________________________________________________

      (postal code, region, city, district, locality, street name, house / building number (stationary room)

      _____ document (s) attached

      It is hereby confirmed that: all specified data are official contacts and any information on the issue or refusal to issue a license and (or) annexes to the license may be sent to them; the court does not prohibit the applicant to engage in a licensed type and (or) subtype of activity; all attached documents are true and valid; the applicant agrees to the use of personal data of limited access, constituting a secret protected by law, contained in information systems when issuing a license and (or) annex to the license.

      ______________ ________________________________

      (signature) (surname, name, patronymic (if any)

      Date of filling: "___" ________ 20__

      ___________________

      17The service provider receives information independently from the relevant state information systems through the gate of "electronic government".

  Annex 4
to the order of the
Chairman of the National
Security Committee
of the Republic of Kazakhstan
dated May 6, 2020 № 34/қе

Rules for provision of a public service
"Issuance of a conclusion (permit) for import, export and transit of special technical means, indended for secretly obtaining information, to which non-tariff regulation measures in trade with third countries are applied"

      Footnote. The Rules as amended by the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 11.01.2023 № 1/қе (shall be enforced upon expiry of sixty calendar days after the date of its first official publication).

Chapter 1. General provisions

      1. These Rules for provision of a public service "Issuance of a conclusion (permit) for import, export and transit of special technical means, indended for secretly obtaining information, to which non-tariff regulation measures in trade with third countries are applied" (hereinafter referred to as the Rules) have been developed in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On public services" (hereinafter referred to as the Law) and determine the procedure for provision of a public service "Issuance of a conclusion (permit) for import, export and transit of special technical means, indended for secretly obtaining information, to which non-tariff regulation measures in trade with third countries are applied" (hereinafter referred to as the public service).

      2. The public service is provided by the National Security Committee of the Republic of Kazakhstan (hereinafter referred to as the service provider) to individuals or legal entities (branches or representative offices of a legal entity, licensees), who have applied to the service provider to go through the licensing procedure (hereinafter referred to as the service recipient).

Chapter 2. Procedure for provision of a public service

      3. To receive a public service, the service recipient sends to the service provider through the web portal of the "electronic government" www.egov.kz, www.elicense.kz (hereinafter referred to as the portal) electronic copies of documents, specified in paragraph 8 of the List of basic requirements to provision of a public service, according to Annex 1 to these Rules (hereinafter referred to as the Requirements to provision of a public service).

      4. Application for the issuance of a conclusion (permit) for the import, export and transit of special technical means intended for secretly obtaining information, to which non-tariff regulation measures in trade with third countries are applied (hereinafter referred to as the permit), are considered within 8 working days from the date of its registration.

      The service provider, within 5 working days from the date of receipt of the application for the issuance of a permit, checks the completeness of the submitted documents, and, if necessary, sends a notification to the service recipient’s “personal account” about the provision of a sample of a special technical equipment.

      The term for providing samples of special technical means is 5 calendar days from the date of receipt of the notification in the “personal account” of the service recipient. This period is not included into the Term for provision of a public service.

      The service provider receives information about identity document, about state registration (re-registration) of a service recipient as a legal entity, as an individual entrepreneur, about a license to engage in activities for the development, production, repair and sale of special technical means intended for conducting operational investigative activities, contained in state information systems independently from the relevant state information systems through the gate of "electronic government".

      If the fact of incompleteness of the submitted documents is established, within the specified period, the service provider sends the service recipient to the “personal account” in the form of an electronic document certified by an electronic digital signature of an authorized person of the service provider, a reasoned refusal to further consider the application.

      If a full package of documents and the samples of special technical means (if necessary) are provided, the service provider within 3 working days prepares in the form of an electronic document, signed with an electronic digital signature of the authorized person of the service provider, a permit in the form, according to Annex 2 to these Rules or notifies the service recipient of a preliminary decision to refuse to issue a permit, as well as the time and place (method) of the hearing to allow the service recipient to express their position on the preliminary decision.

      Notice of the hearing is sent at least 3 working days before the end of the period for the provision of the public service. The hearing is conducted no later than 2 working days from the date of the notice.

      Based on the results of the hearing, the service provider issues a permit or a reasoned refusal to issue a permit on the basis provided for in paragraph 9 of the Requirements to provision of a public service, and sends to the service recipient’s "personal account" on the portal.

      5. The service provider ensures that data is entered into the information system for monitoring the provision of public services on the stage of provision of a public service in accordance with the procedure established by the authorized body in the field of informatization, according to subparagraph 11) of paragraph 2 of Article 5 of the Law.

      The service provider ensures that information about changes and (or) additions made to these Rules is sent to the Unified Contact Center and the operator of the information and communication infrastructure of "electronic government" within ten working days from the date of their entry into force.

      When providing a public service through the state information system of permits and notifications, data on the stage of its provision is automatically sent to the information system for monitoring the provision of public services.

Chapter 3. Procedure for appealing decisions, actions (inaction) of the service provider and (or) their officials on the issues of provision of a public service

      6. A complaint against the decision, action (inaction) of the service provider concerning the provision of public services may be submitted in the name of the head of the service provider, to the authorized body for assessment and control over the quality of provision of public services, in accordance with the legislation of the Republic of Kazakhstan.

      7. A complaint from a service recipient received by a service provider directly providing a public service, in accordance with subparagraph 2) of Article 25 of the Law of the Republic of Kazakhstan "On public services" is subject to consideration within five working days from the date of its registration.

      8. A complaint from a service recipient received by the authorized body for assessment and control over the quality of provision of public services, is subject to consideration within fifteen working days from the date of its registration.

      In cases of disagreement with the results of the provision of a public service, the service recipient has the right to apply to the court in the manner prescribed by the legislation of the Republic of Kazakhstan.

      Unless otherwise provided by law, an appeal to the court is allowed after a pre-trial appeal

  Annex 1
to the Rules for provision of a public service
"Issuance of a conclusion (permit) for import,
export and transit of special technical means,
indended for secretly obtaining information,
to which non-tariff regulation measures in trade
with third countries are applied", approved by the
order of the Chairman of the National Security
Committee of the Republic of Kazakhstan
dated "__" ______ 2022 №. ___

List of basic requirements to provision of a public service "Issuance of a conclusion (permit) for import, export and transit of special technical means, indended for secretly obtaining information, to which non-tariff regulation measures in trade with third countries are applied"

1.

Name of the service provider

National Security Committee of the Republic of Kazakhstan

2.

Methods of provision of a public service

Acceptance of the application and issuance of the result of the provision of a public service are carried out through the web portal of "electronic government": www.egov.kz, www.elicense.kz

3.

Term for provision of a public service

8 working days.
The term for providing samples of special technical equipment is 5 calendar days from the date of receipt of the notification in the “personal account” of the service recipient. This period is not included into the Term for provision of a public service

4.

Form of provision of a public service

Electronic (partially automated)

5.

Result of provision of a public service

Issuance of a conclusion (permit) for import, export and transit of special technical means, indended for secretly obtaining information, to which non-tariff regulation measures in trade with third countries are applied, in the form, according to Annex 2 to these Rules or a reasoned refusal to provide a public service.
The result of provision of a public service is sent and stored in the “personal account” of the service recipient in the form of an electronic document signed with an electronic digital signature of the authorized person of the service provider.
The form of providing the result of provision of public service: electronic

6.

Amount of payment charged from the service recipient when rendering a public service, and methods of collecting it in cases provided for by the legislation of the Republic of Kazakhstan

The public service is provided free of charge

7.

Work schedule of the service provider and the objects of information

1) the service provider - from Monday to Friday inclusive, from 09:00 to 19:00, with a lunch break from 13:00 to 15:00, except weekends and holidays, in accordance with the labor legislation of the Republic of Kazakhstan;
2) the portal –around the clock, with the exception of breaks related to technical work (when the service recipient applies after the end of working hours, on weekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan, applications are accepted and the results of provision of public services are issued on the next working day).
The address of the place of provision of a public service is posted on the official Internet resource of the service provider: www.knb.kz

8.

List of documents and information, required from service recipient for provision of a public service

1) application in the form of an electronic document certified by the electronic digital signature of the service recipient, in the form, according to Annex 3 to these Rules;
2) an electronic copy of a foreign trade agreement (contract), annex and (or) addition to it, and (or) an electronic copy of another document confirming the intentions of the parties;
3) electronic copy of technical documentation for special technical means.
If it is necessary to provide samples of special technical means (at the request of the service provider), the service provider sends a corresponding notification to the service recipient to the “personal account” in the form of an electronic document, signed with an electronic digital signature of the authorized person of the service provider.

9.

Grounds for refusal to provide a public service established by the legislation of the Republic of Kazakhstan

1) establishing the unreliability of documents submitted by the service recipient to receive a public service, and (or) the data (information) contained therein;
2) non-compliance of the service recipient and (or) the presented materials, objects, data and information necessary for the provision of public services with the requirements established by the Decision of the Board of the Eurasian Economic Commission dated April 21, 2015 No. 30 "On non-tariff regulation measures";
3) in relation to the service recipient there is a court decision (sentence) that has entered into legal force on the prohibition of activities or certain types of activities requiring the receipt of public services;
4) in relation to the service recipient there is a court decision that has entered into legal force, on the basis of which the service recipient is deprived of a special right related to receiving a public service;
5) if there are grounds confirming that the import or export of special technical means intended for operation-search activities may harm national security

10.

Other requirements, taking into account the specifics of provision of a public service

The powers of the representative of the service recipient must be formalized in accordance with the civil legislation of the Republic of Kazakhstan.
The service recipient receives a public service in electronic form through the portal, subject to availability of an electronic digital signature.
The service recipient has the opportunity to receive information about the procedure and status of provision of public service in remote access mode on the portal in the “personal account” of the service recipient, as well as by calling the service provider and the Unified Contact Center for the provision of public services.
Contact phones of the service provider regarding the issues of the provision of a public service: 8 (7172) 76-49-49

  Annex 2
to the Rules for provision of a public service
"Issuance of a conclusion (permit) for import,
export and transit of special technical means,
indended for secretly obtaining information,
to which non-tariff regulation measures in trade
with third countries are applied", approved by the
order of the Chairman of the National Security
Committee of the Republic of Kazakhstan
dated "__" ______ 2022 №. ___

      Form

Conclusion (permit) for the import, export and transit of special technical means intended for secretly obtaining information, to which non-tariff regulation measures in trade with third countries are applied

      ________________________________________________________________________

      (full name of the service provider)

      Issued to _________________________________________________________________

      (full name or surname, name, patronymic (if any) of the service recipient)

      on the basis of an application No. KZ_______________ dated "___" __________ 20__

      Movement type ________________________________________________________

      (indicate the movement type of goods: import, export, temporary import, temporary export, transit)

      ________________________________________________________________

      ________________________________________________________________________

      (Section of the Unified List)

      (Code of the Unified Commodity Nomenclature of Foreign Economic Activity of the Eurasian Economic Union)

Name of goods

Model

Quantity

Measuring unit





      Recipient/Sender

      _________________________________________________________________

      (provide full legal name and full address of the partner organization.

      At that _________________________________________________________

      the recipient is the person who receives from the service recipient the rights to product,

      __________________________________________________________________

      and as the sender - the person transferring such rights to the service recipient)

      Country of destination / departure

      __________________________________________________________________

      (specify the name of the country of final destination and departure)

      Purpose of import / export

      __________________________________________________________________

      (indicate the purpose of import, export, temporary import, temporary export of goods)

      Term of temporary import / export

      __________________________________________________________________

      (in case of temporary import / export, indicate the date of completion of the obligations under)

      Grounds

      ___________________________________________________________________

      (indicate the documents and their details, which are the basis for provision of public

      service - foreign trade agreement (contract), annex and (or) addendum to it, and (or) another

      document confirming the intentions of the parties)

      Additional information

      ___________________________________________________________________

      Country of transit

      ___________________________________________________________________

      (Transit through the territory)

      The conclusion is valid until _________________________________________

      Authorized person ____________________________________ ___________

      (position, surname, name, patronymic (if any) (signature)

      Date of issue "___" ____________20__

  Annex 3
to the Rules for provision of a public service
"Issuance of a conclusion (permit) for import,
export and transit of special technical means,
indended for secretly obtaining information,
to which non-tariff regulation measures in trade
with third countries are applied", approved by the
order of the Chairman of the National Security
Committee of the Republic of Kazakhstan
dated "__" ______ 2022 №. ___

      Form

      To ______________________________________________________________________

      (full name of the service provider)

      from ______________________________________________________________________

      (full name or surname, name, patronymic (if any) of the service recipient)

Application

      I ask to issue a conclusion (a permit) for)

      for _____________________________________________________________________

      (indicate the kind of movement of goods: import, export, temporary import, temporary export,

      transit) of the following special technical means:

Item
No.

Product name indicating its composition

Model

Manufactory number

Serial number

Quantity

Code of the unified Commodity nomenclature of external economic activity of the Eurasian Economic Union from section 2.17 of the Unified list

1.







      Individual identification number / business identification number of the service recipient

      _____________________________________________________

      Legal address of the service recipient

      ______________________________________________________________________

      (postal code, country (for a foreign legal entity), region, city, district, settlement, street name,

      house / building number (stationary premise)

      The actual address of the service recipient

      ______________________________________________________________________

      (postal code, country (for a foreign legal entity), region, city, district, settlement, street name,

      house / building number (stationary premise)

      Phones, fax, e-mail of the service recipient______________________

      Recipient/sender

      _____________________________________________________________________

      (provide full legal name and full address of the partner organization. At that the recipient

      is the person who receives from the service recipient the rights to product,

      and as the sender - the person transferring such rights to the service recipient)

      Country of destination / departure

      ______________________________________________________________________

      (specify the name of the country of final destination and departure)

      Country of transit

      ______________________________________________________________________

      (in case of transit, indicate the name of a member state of the Eurasian Economic Union

      through which the transit will be carried out)

      Purpose of import / export

      ______________________________________________________________________

      (indicate the purpose of import, export, temporary import, temporary export of goods)

      Term of temporary import / export

      ______________________________________________________________________

      (in case of temporary import / export, indicate the date of completion of the obligations under)

      Grounds _____________________________________________________________

      (indicate the documents and their details, which are the basis for provision of public

      service - foreign trade agreement (contract), annex and (or) addendum to it, and (or) another

      document confirming the intentions of the parties)

      Additional information

      _______________________________________________________________________

      (indicate additional information, clarifying the information of other lines of the application,

      If necessary, ____________________________________________________________

      Details of the previously issued conclusion (permit)

      _______________________________________________________________________

      for import and export of special technical means, as well as information about the cost

      ____________________________________________________________

      of the product and attached documents, including about photographic images of the product)

      _____ document (s) attached

      It is hereby confirmed that: all specified data are official contacts and any information regarding

      the provision of the public service may be sent to them; all attached documents are true and valid;

      the applicant agrees to the use of personal data of limited access, constituting a secret protected

      by law, contained in information systems, in the provision of the public service.

      Authorized person

      __________________ _____________________________

      (signature) (surname, name, patronymic (if any)

      Date of filling "___"____________20__

      Contact person of the service recipient:

      ________________________________________________

      (indicate the surname and initials, telephone number, email of the person-performer of the service recipient)

  Annex 5 to the order
of the Chairman of the National
Security Committee
of the Republic of Kazakhstan
dated May 6, 2020 № 34/қе

Rules
for provision of a public service "Issuance of a conclusion permit) for import, export and transit of encryption (cryptographic) means, to which non-tariff regulation measures in trade with third countries are applied"

      Footnote. The Rules as amended by the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 11.01.2023 № 1/қе (shall be enforced upon expiry of sixty calendar days after the date of its first official publication)

Chapter 1. General provisions

      1. These Rules for provision of a public service "Issuance of a conclusion permit) for import, export and transit of encryption (cryptographic) means, to which non-tariff regulation measures in trade with third countries are applied" (hereinafter referred to as the Rules) have been developed in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On public services" (hereinafter referred to as the Law) and determine the procedure for provision of a public service "Issuance of a conclusion permit) for import, export and transit of encryption (cryptographic) means, to which non-tariff regulation measures in trade with third countries are applied" (hereinafter referred to as the public service).

      2. The public service is provided by the National Security Committee of the Republic of Kazakhstan (hereinafter referred to as the service provider) to individuals or legal entities (branches or representative offices of a legal entity, licensees, holders of the permit of the second category), who have applied to the service provider to go through the licensing procedure (hereinafter referred to as the service recipient).

Chapter 2. Procedure for provision of a public service

      3. To receive a public service, the service recipient sends to the service provider through the web portal of the "electronic government" www.egov.kz, www.elicense.kz (hereinafter referred to as the portal) electronic copies of documents, specified in paragraph 8 of the List of basic requirements to provision of a public service, according to Annex 1 to these Rules (hereinafter referred to as the Requirements to provision of a public service).

      4. Application for issuance of a conclusion permit) for import, export and transit of encryption (cryptographic) means, to which non-tariff regulation measures in trade with third countries are applied (hereinafter referred to as the permit) is considered within 8 working days from the date of its registration.

      The service provider, within 5 working days from the moment of receiving the application for issuance of a permit, checks the completeness of the submitted documents, and, if necessary, sends a notification to the service recipient’s “personal account” about the provision of a sample encryption tool.

      The term for providing a sample encryption tool is 5 calendar days from the date of receipt of the notification in the “personal account” of the service recipient. This period is not included in the Term for provision of a public service.

      The service provider receives information about identity document, about state registration (re-registration) of a service recipient as a legal entity, as an individual entrepreneur, about a license to engage in activities to develop cryptographic information security tools, contained in state information systems, independently from the relevant state information systems through the gate of "electronic government".

      If the fact of incompleteness of the submitted documents is established, within the specified period, the service provider sends the service recipient to the “personal account” in the form of an electronic document certified by an electronic digital signature of an authorized person of the service provider, a reasoned refusal to further consider the application.

      If a full package of documents and a sample of an encryption means (if necessary) are provided, the service provider within 3 working days prepares in the form of an electronic document, signed with an electronic digital signature of the authorized person of the service provider, a permit in the form, according to Annex 2 to these Rules or notifies the service recipient of a preliminary decision to refuse to issue a permit, as well as the time and place (method) of the hearing to allow the service recipient to express their position on the preliminary decision.

      Notice of the hearing is sent at least 3 working days before the end of the period for the provision of the public service. The hearing is conducted no later than 2 working days from the date of the notice.

      Based on the results of the hearing, the service provider issues a permit or a reasoned refusal to issue a permit on the basis provided for in paragraph 9 of the Requirements to provision of a public service, and sends to the service recipient’s "personal account" on the portal.

      5. The service provider ensures that data is entered into the information system for monitoring the provision of public services on the stage of provision of a public service in accordance with the procedure established by the authorized body in the field of informatization, according to subparagraph 11) of paragraph 2 of Article 5 of the Law.

      The service provider ensures that information about changes and (or) additions made to these Rules is sent to the Unified Contact Center and the operator of the information and communication infrastructure of "electronic government" within ten working days from the date of their entry into force.

      When providing a public service through the state information system of permits and notifications, data on the stage of its provision is automatically sent to the information system for monitoring the provision of public services.

Chapter 3. Procedure for appealing decisions, actions (inaction) of the service provider and (or) their officials on the issues of provision of a public service

      6. A complaint against the decision, action (inaction) of the service provider concerning the provision of public services may be submitted in the name of the head of the service provider, to the authorized body for assessment and control over the quality of provision of public services, in accordance with the legislation of the Republic of Kazakhstan.

      7. A complaint from a service recipient received by a service provider directly providing a public service, in accordance with subparagraph 2) of Article 25 of the Law of the Republic of Kazakhstan "On public services" is subject to consideration within five working days from the date of its registration.

      8. A complaint from a service recipient received by the authorized body for assessment and control over the quality of provision of public services, is subject to consideration within fifteen working days from the date of its registration.

      In cases of disagreement with the results of the provision of a public service, the service recipient has the right to apply to the court in the manner prescribed by the legislation of the Republic of Kazakhstan.

      Unless otherwise provided by law, an appeal to the court is allowed after a pre-trial appeal

  Annex 1
to the Rules for provision of a public service
"Issuance of a conclusion permit) for import,
export and transit of encryption (cryptographic)
means, to which non-tariff regulation measures
in trade with third countries are applied, approved
by the order of the Chairman of the National
Security Committee of the Republic of Kazakhstan
dated "__" _____ 2022 № ___

List of basic requirements to provision of a public service "Issuance of a conclusion permit) for import, export and transit of encryption (cryptographic) means, to which non-tariff regulation measures in trade with third countries are applied"

1.

Name of the service provider

National Security Committee of the Republic of Kazakhstan

2.

Methods of provision of a public service

Acceptance of the application and issuance of the result of the provision of a public service are carried out through the web portal of "electronic government": www.egov.kz, www.elicense.kz

3.

Term for provision of a public service

8 working days. The term for providing samples of encryption (cryptographic) tools is 5 calendar days from the date of receipt of the notification in the “personal account” of the service recipient. This period is not included in the Term for provision of a public service

4.

Form of provision of a public service

Electronic (partially automated)

5.

Result of provision of a public service

Issuance of a conclusion permit) for import, export and transit of encryption (cryptographic) means, to which non-tariff regulation measures in trade with third countries are applied, in the form, according to Annex 2 to these Rules, or a reasoned refusal to provide a public service.The result of provision of a public service is sent and stored in the “personal account” of the service recipient in the form of an electronic document signed with an electronic digital signature of the authorized person of the service provider.The form of providing the result of provision of public service: electronic

6.

Amount of payment charged from the service recipient when rendering a public service, and methods of collecting it in cases provided for by the legislation of the Republic of Kazakhstan

The public service is provided free of charge

7.

Work schedule of the service provider and the objects of information

1) the service provider - from Monday to Friday inclusive, from 09:00 to 19:00, with a lunch break from 13:00 to 15:00, except weekends and holidays, in accordance with the labor legislation of the Republic of Kazakhstan;2) the portal –around the clock, with the exception of breaks related to technical work (when the service recipient applies after the end of working hours, on weekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan, applications are accepted and the results of the provision of a public service are issued on the next working day).The address of the place of provision of a public service is posted on the official Internet resource of the service provider: www.knb.kz

8.

List of documents and information, required from service recipient for provision of a public service

1) application in the form of an electronic document certified by the electronic digital signature of the service recipient, in the form, according to Annex 3 to these Rules;2) an electronic copy of the technical documentation for the encryption means. Providing source codes is optional. The refusal of the service recipient to provide the source codes is not in itself grounds for refusal on the application;3) an electronic copy of a foreign trade agreement (contract), annex and (or) addition to it, and (or) an electronic copy of another document confirming the intentions of the parties. If it is necessary to provide a sample of the encryption means (at the request of the service provider for scientific and technical expertise), the service provider sends a corresponding notification to the "personal account" of the service recipient in the form of an electronic document signed with the electronic digital signature of the authorized person of the service provider

9.

Grounds for refusal to provide a public service established by the legislation of the Republic of Kazakhstan

1) establishing the inaccuracy of the documents submitted by the service recipient for obtaining the public service, and (or) the data (information) contained therein;2) non-compliance of the service recipient and (or) the submitted materials, objects, data and information with the requirements necessary for the provision of public service established by the Decision of the Board of the Eurasian Economic Commission dated April 21, 2015 No. 30 "On measures of non-tariff regulation ";3) in relation to the service recipient, there is a court decision (verdict) that has entered into legal force on prohibition of activities or certain types of activities requiring the receipt of public service;4) in relation to the service recipient there is a court decision that has entered into legal force, on the basis of which the service recipient is deprived of a special right related to the receipt of public service

10.

Other requirements, taking into account the specifics of provision of a public service

The powers of the representative of the service recipient must be formalized in accordance with the civil legislation of the Republic of Kazakhstan.The service recipient receives a public service in electronic form through the portal, subject to availability of an electronic digital signature.The service recipient has the opportunity to receive information about the procedure and status of provision of public service in remote access mode on the portal in the “personal account” of the service recipient, as well as by calling the service provider and the Unified Contact Center for provision of a public service: 8 (7172) 76-49-49

  Annex 2
to the Rules for provision of a public service
"Issuance of a conclusion permit) for import,
export and transit of encryption (cryptographic)
means, to which non-tariff regulation measures
in trade with third countries are applied, approved
by the order of the Chairman of the National
Security Committee of the Republic of Kazakhstan
dated "__" _____ 2022 № ___

      Form

Conclusion (permit) for import, export and transit of encryption (cryptographic) means, to which non-tariff regulation measures in trade with third countries are applied

      ________________________________________________________________________

      (full name of the service provider)

      Issued to _________________________________________________________________

      (full name or surname, name, patronymic (if any), legal address of the service recipient)

      on the basis of an application No. KZ_______________ dated "___" __________ 20__

      Kind of movement ________________________________________________________

      (indicate the kind of movement of goods: import, export, temporary import, temporary export, transit)

      _______________________ ________________________________________

      (Section of the Unified List) (EAEU Commodity Nomenclature of Foreign Economic Activity)

Name of goods

Model

Quantity

Unit of measurement





      Recipient/sender

      _______________________________________________________________________

      (provide full legal name and full address of the partner organization.

      At that _______________________________________________________________

      the recipient is the person who receives from the service recipient the rights to product,

      ________________________________________________________________________

      and as the sender - the person transferring such rights to the service recipient)

      Country of destination / departure

      ________________________________________________________________________

      (specify the name of the country of final destination and departure)

      Purpose of import / export

      ________________________________________________________________________

      (indicate the purpose of import, export, temporary import, temporary export of goods)

      Term of temporary import / export

      ________________________________________________________________________

      (in the case of temporary import / export, indicate the date of completion of the obligations

            for temporary import or temporary export of goods)

      Grounds _______________________________________________________________

      (indicate the documents and their details, which are the basis for provision of public

      service - foreign trade agreement (contract), annex and (or) addendum to it, and (or) another

      document confirming the intentions of the parties)

      Additional information

      _________________________________________________________________________

      _________________________________________________________________________

      _________________________________________________________________________

      Country of transit ___________________________________________________________

      (Transit through the territory)

      The conclusion is valid until __________________

      Authorized person

      ______________________________________________ __________

      (position, surname, name, patronymic (if any) (signature)

      Date of issue "___"____________20__

  Annex 3
to the Rules for provision of a public service
"Issuance of a conclusion permit) for import,
export and transit of encryption (cryptographic)
means, to which non-tariff regulation measures
in trade with third countries are applied, approved
by the order of the Chairman of the National
Security Committee of the Republic of Kazakhstan
dated "__" _____ 2022 № ___

      Form

      To _____________________________________________________________________

      (full name of the service provider)

      from _____________________________________________________________________

      (full name or surname, name, patronymic (if any) of the service recipient)

Application

      I ask to issue a conclusion (permit) for

      _______________________________________________________________________

      (indicate the kind of movement of goods: import, export, temporary import, temporary export, transit) of the following goods, containing encryption (cryptographic) means:

Item No.
 

Product name indicating its composition

Model

Manufacturing number

Serial number

Quantity

Commodity nomenclature of external economic activity of the Eurasian Economic Union from section 2.19 of the Unified list

1.







      Individual identification number / business identification number of the service recipient

      _________________________________________________________________________

      Legal address of the service recipient

      _________________________________________________________________________

      _________________________________________________________________________

      (postal code, country (for a foreign legal entity), region, city,

      district, locality, street name, house/building number (stationary premises)

      The actual address of the service recipient

      _________________________________________________________________________

      _________________________________________________________________________

      (postal code, country (for a foreign legal entity), region, city,

      district, locality, street name, house/building number (fixed premises))

      Phones, fax, e-mail of the service recipient

      ________________________________________________________________________

      Recipient/sender

      ________________________________________________________________________

      (provide full legal name and full address of the partner organization.

      At that the recipient is the person who receives from the service recipient the rights to product,

      and as the sender - the person transferring such rights to the service recipient)

      Country of destination / departure

      _________________________________________________________________________

      (indicate the name of country of final destination / departure)

      Country of transit

      _________________________________________________________________________

      (in case of transit, indicate the name of a member state of the Eurasian Economic Union through

      which the transit will be carried out)

      Purpose of import / export

      __________________________________________________________________________

      (indicate the purpose of import, export, temporary import, temporary export of goods)

      Term of temporary import / export

      __________________________________________________________________________

      (in case of temporary import / export, indicate the date of completion of the obligations under)

      Grounds ________________________________________________________________

      (indicate the documents and their details, which are the basis for provision of public

      service - foreign trade agreement (contract), annex and (or) addendum to it, and (or) another

      document confirming the intentions of the parties)

      Details of the conclusion on the technical study of the goods for attribution

      _________________________________________________________________________

      (indicate the registration number and the date of issue of the corresponding conclusion, to be

      filled in _______________________________________________________________

      case of import of encryption means to meet own needs of organizations)

      Additional information

      __________________________________________________________________________

      (indicate additional information, specifying

      __________________________________________________________________________

      information of other lines of the application, if necessary, details of the previously issued

      __________________________________________________________________________

      conclusion (permit) for import and export of encryption (cryptographic) means)

      __________________________________________________________________________

      as well as information about the cost of the goods and the attached ____________________

      __________________________________________________________________________

      documents, including photographic images of goods

      _____ document (s) attached

      It is hereby confirmed that: all specified data are official contacts and any information

      on provision of a public service may be sent to them; all attached documents are true and

      valid; the applicant agrees to the use of personal data of limited access, constituting a secret

      protected by law, contained in information systems, in the provision of a public service.

      Authorized person

      __________________ ______________________________

      (signature) (surname, name, patronymic (if any)

      Date of filling "___"____________20__

      Contact person of the service recipient:

      _________________________________________________

      (indicate the surname and initials, telephone number, email of the person-performer of the service recipient)

  Annex 6
to the order of the
Chairman of the National
Security Committee of the
Republic of Kazakhstan
dated May 6, 2020 № 34/қе

Rules for provision of a public service "Issuance of a conclusion on a technical study for classification of goods as means of cryptographic protection of information and special technical means intended for operational-search activities"

      Footnote. The Rules as amended by the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 11.01.2023 № 1/қе (shall be enforced upon expiry of sixty calendar days after the date of its first official publication)

Chapter 1. General provisions

      1. These Rules for provision of a public service "Issuance of a conclusion on a technical study for classification of goods as means of cryptographic protection of information and special technical means intended for operational-search activities" (hereinafter referred to as the Rules) have been developed in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On public services" (hereinafter referred to as the Law) and determine the procedure for provision of a public service "Issuance of a conclusion on a technical study for classification of goods as means of cryptographic protection of information and special technical means intended for operational-search activities" (hereinafter referred to as the public service).

      2. The public service is provided by the National Security Committee of the Republic of Kazakhstan (hereinafter referred to as the service provider) to individuals or legal entities (branches and representative offices of a legal entity), who have applied to the service provider to go through the licensing procedure (hereinafter referred to as the service recipient).

Chapter 2. Procedure for provision of a public service

      3. To receive a public service, the service recipient sends to the service provider through the web portal of the "electronic government" www.egov.kz, www.elicense.kz (hereinafter referred to as the portal) electronic documents, indicated in paragraph 8 of the List of basic requirements to provision of a public service, according to Annex 1 to these Rules (hereinafter referred to as the Requirements to provision of a public service).

      4. The service provider considers the conclusion on a technical study for classification of goods as means of cryptographic protection of information and special technical means intended for operational-search activities (hereinafter referred to as the conclusion), within 5 working days from the date of its registration.

      The service provider, within 4 working days from the receipt of the application for the issuance of a conclusion, checks the completeness of the submitted documents, and, if necessary, sends a notification about the provision of a sample of the goods to the “personal account” of the service recipient.

      The term for providing a sample of goods is 5 calendar days from the date of receipt of the notification in the “personal account” of the service recipient. The service provider examines a sample of the product within 30 calendar days from the date of its provision. This period is not included in the Term for provision of a public service.

      The service provider receives information about identity document, about state registration (re-registration) of a service recipient as a legal entity, as an individual entrepreneur, contained in state information systems, independently from the relevant state information systems through the gate of "electronic government".

      If the fact of incompleteness of the submitted documents is established, within the specified period, the service provider sends the service recipient to the “personal account” in the form of an electronic document certified by an electronic digital signature of an authorized personof the service provider, a reasoned refusal to further consider the application.

      If a full package of documents and samples of goods (if necessary) are provided, the service provider within 1 working day prepares in the form of an electronic document, signed with an electronic digital signature of the authorized person of the service provider, a conclusion in the form, according to Annex 2 to these Rules or notifies of the service recipient on a preliminary decision on refusal to issue a conclusion, as well as the time and place (method) of the hearing to allow the service recipient to express their position on the preliminary decision.

      In case of a hearing, the Term for provision of a public service is extended for 2 working days.

      The notification on hearing is sent at least 3 working days before the end of the period for providing the public service. The hearing is conducted no later than 2 working days from the date of the notice.

      Based on the results of the hearing, the service provider issues an opinion or a reasoned refusal to issue an opinion on the basis provided for in paragraph 9 of the Requirements to provision of a public service, and sends to the service recipient’s "personal account" on the portal.

      5. The service provider ensures that data is entered into the information system for monitoring the provision of public services on the stage of provision of a public service in accordance with the procedure established by the authorized body in the field of informatization, according to subparagraph 11) of paragraph 2 of Article 5 of the Law.

      The service provider ensures that information about changes and (or) additions made to these Rules is sent to the Unified Contact Center and the operator of the information and communication infrastructure of "electronic government" within ten working days from the date of their entry into force.

      When providing a public service through the state information system of permits and notifications, data on the stage of its provision is automatically sent to the information system for monitoring the provision of public services.

Chapter 3. Procedure for appealing decisions, actions (inaction) of the service provider and (or) their officials on the issues of provision of a public service

      6. A complaint against the decision, action (inaction) of the service provider concerning the provision of public services may be submitted in the name of the head of the service provider to the authorized body for assessment and control over the quality of provision of public services, in accordance with the legislation of the Republic of Kazakhstan.

      7. A complaint from a service recipient received by a service provider directly providing a public service, in accordance with subparagraph 2) of Article 25 of the Law of the Republic of Kazakhstan "On public services" is subject to consideration within five working days from the date of its registration.

      8. A complaint from a service recipient received by the authorized body for assessment and control over the quality of provision of public services, is subject to consideration within fifteen working days from the date of its registration.

      In cases of disagreement with the results of the provision of a public service, the service recipient has the right to apply to the court in the manner prescribed by the legislation of the Republic of Kazakhstan.

      Unless otherwise provided by law, an appeal to the court is allowed after a pre-trial appeal

  Annex 1
to the Rules for provision of a public service
"Issuance of a conclusion on a technical study
for classification of goods as means of cryptographic
protection of information and special technical
means intended for operational-search activities",
approved by the order of the Chairman of the National
Security Committee of the Republic of Kazakhstan
dated "__" _____ 2022 № ____

List of basic requirements to provision of a public service "Issuance of a conclusion on a technical study for classification of goods as means of cryptographic protection of information and special technical means intended for operational-search activities"

1.

Name of the service provider

National Security Committee of the Republic of Kazakhstan

2.

Methods of provision of a public service

Acceptance of the application and issuance of the result of the provision of a public service are carried out through the web portal of "electronic government": www.egov.kz, www.elicense.kz

3.

Term for provision of a public service

5 working days. The term for providing a sample of goods is 5 calendar days from the date of receipt of the notification in the "personal account" of the service recipient. The service provider carries out a study of a sample of goods within 30 calendar days from the date of its provision. This period is not included in the Term for provision of a public service

4.

Form of provision of a public service

Electronic (partially automated)

5.

Result of provision of a public service

Issuance of a conclusion on a technical study for classification of goods as means of cryptographic protection of information and special technical means intended for operational-search activities, in the form, according to Annex 2 to these Rules or a reasoned refusal to provide a public service.The result of provision of a public service is sent and stored in the “personal account” of the service recipient in the form of an electronic document signed with an electronic digital signature of the authorized person of the service provider.The form of providing the result of provision of public service: electronic

6.

Amount of payment charged from the service recipient when rendering a public service, and methods of collecting it in cases provided for by the legislation of the Republic of Kazakhstan

The public service is provided free of charge

7.

Work schedule of the service provider and the objects of information

1) the service provider - from Monday to Friday inclusive, from 09:00 to 19:00, with a lunch break from 13:00 to 15:00, except weekends and holidays, in accordance with the labor legislation of the Republic of Kazakhstan;2) the portal –around the clock, with the exception of breaks related to technical work (when the service recipient applies after the end of working hours, on weekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan, applications are accepted and the results of provision of public services are issued on the next working day).The address of the place of provision of a public service is posted on the official Internet resource of the service provider: www.knb.kz

8.

List of documents and information, required from service recipient for provision of a public service

1) application in the form of an electronic document certified by the electronic digital signature of the service recipient, in the form, according to Annex 3 to these Rules;2) an electronic copy of the technical documentation for the studied product;
3) electronic copies of contracts (agreements) for the supply of goods (if any);
4) if it is necessary to provide samples of goods (at the request of the service provider, in case of difficulty in making a conclusion), the service provider sends a notification to the "personal account" of the service recipient

9.

Grounds for refusal to provide a public service established by the legislation of the Republic of Kazakhstan

1) establishing the inaccuracy of the documents submitted by the service recipient for obtaining the public service, and (or) the data (information) contained therein;2) non-compliance of the service recipient and (or) the submitted materials, objects, data and information necessary for provision of a public service with the requirements established by the Decision of the Board of the Eurasian Economic Commission dated April 21, 2015 No. 30 "On measures of non-tariff regulation ";3) in relation to the service recipient, there is a court decision (verdict) that has entered into legal force on prohibition of activities or certain types of activities requiring the receipt of public service;4) in relation to the service recipient there is a court decision that has entered into legal force, on the basis of which the service recipient is deprived of a special right related to the receipt of public service

10.

Other requirements, taking into account the specifics of provision of a public service

The powers of the representative of the service recipient must be formalized in accordance with the civil legislation of the Republic of Kazakhstan.The service recipient receives a public service in electronic form through the portal, subject to availability of an electronic digital signature.The service recipient has the opportunity to receive information about the procedure and status of provision of public service in remote access mode on the portal in the “personal account” of the service recipient, as well as by calling the service provider and the Unified Contact Center for provision of a public service: 8 (7172) 76-49-49

  Annex 2
to the Rules for provision of a public service
"Issuance of a conclusion on a technical study
for classification of goods as means of cryptographic
protection of information and special technical
means intended for operational-search activities",
approved by the order of the Chairman of the National
Security Committee of the Republic of Kazakhstan
dated "__" _____ 2022 № ____

      Form

Conclusion on a technical study for classification of goods as means of cryptographic protection of information and special technical means intended for operational-search activities

      Based on a study of the technical documentation provided under

      application No. KZ ____________________ dated "____" ________________ 20__

      _______________________________________________________________________,

      (full name or surname, name, patronymic (if any)

      of the service recipient) in order to determine the classification of goods as means of cryptographic protection of information and special technical means, intended for operational-search activities, the following conclusion was issued:

ItemNo.

Name of product

Model

Code of the Unified Commodity Nomenclature of foreign economic activity of the Eurasian Economic Union

Result of technical study 18











      The period of validity of the conclusion: 3 (three) years from the date of issue.

      Authorized person

      ____________________________________________ ___________

      (position, surname, name, patronymic (if any) (signature)

      Date of issue "___"____________20__

      _________________

      18

      1) incomplete technical description;

      2) The product neither belongs to special technical means intended for operational-search activities, nor to means of cryptographic information protection;

      3) The product belongs to special technical means intended for operational-search activities, does not belong to means of cryptographic information protection;

      4) the goods belong to special technical means intended for operational-search activities, the import or export of which may cause damage to the national security;

      5) The product belongs to means of cryptographic information protection and does not belong to special technical means intended for operational investigative activities;

      6) The product belongs to means of cryptographic information protection subject to notification;

      7) the product does not belong to lists 2.17, 2.19 of the Regulations for the import/export of special technical means intended for operational-search activities, means of cryptographic protection of information.

  Annex 3
to the Rules for provision of a public service
"Issuance of a conclusion on a technical study
for classification of goods as means of cryptographic
protection of information and special technical
means intended for operational-search activities",
approved by the order of the Chairman of the National
Security Committee of the Republic of Kazakhstan
dated "__" _____ 2022 № ____

      Form

      To ___________________________________________________________________

      (full name of the service provider)

      From ___________________________________________________________________

      (full name or surname, name, patronymic (if any) of the service recipient)

Application for a technical study for classification of goods as means of cryptographic protection of information and special technical means intended for operational-search activities

      I ask you to conduct a technical study of the following goods for classification as the means of cryptographic protection of information and special technical means intended for operational-search activities:

Item No.

Product name indicating its composition

Purpose

Model

Manufacturing, serial number

Quantity

Code of the unified Commodity nomenclature of foreign economic activity of the Eurasian Economic Union

1.







      Foreign trade agreement (contract), annex and (or) addendum to it, and (or) another

      document confirming the intentions of the parties

      __________________________________________________________________

      __________________________________________________________________

      (indicate the number and date of the conclusion of the relevant document, the number of sheets)

      Individual identification number / business identification number of the service

      recipient __________________________________________________

      Legal address of the service recipient

      __________________________________________________________________

      __________________________________________________________________

      (postal code, country (for a foreign legal entity), region, city, district,

            locality, street name, house / building number (stationary premise)

      The actual address of the service recipient

      __________________________________________________________________

      __________________________________________________________________

      (postal code, country (for a foreign legal entity), region, city,

        district, settlement, street name, house / building number (stationary premise)

      Phones, fax, e-mail, official Internet resource (if any)

      of the service recipient

      __________________________________________________________________

      __________________________________________________________________

      _____ document (s) attached

      It is hereby confirmed that: all specified data are official contacts and any information

      on provision of the public service may be sent to them; all attached documents are true

      and valid; the applicant agrees to the use of personal data of limited access, constituting

      a secret protected by law, contained in information systems, in the provision

      of a public service.

      Authorized person

      _________ _____________________________________

      (signature) (surname, name, patronymic (if any)

      Date of filling "___"____________20__

      Contact person of the service recipient:

      ______________________________________________

      (indicate the surname and initials, telephone number, email of the person-performer of the service recipient)

  Annex 7 to the order
of the Chairman of the National
Security Committee
of the Republic of Kazakhstan
dated May 6, 2020 № 34/қе

Rules for provision of a public service "Registration of notifications on characteristics of goods (products) containing encryption (cryptographic) means"

      Footnote. The Rules as amended by the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 11.01.2023 № 1/қе (shall be enforced upon expiry of sixty calendar days after the date of its first official publication)

Chapter 1. General provisions

      1. These Rules for provision of a public service "Registration of notifications on characteristics of goods (products) containing encryption (cryptographic) means" (hereinafter referred to as the Rules) have been developed in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On public services" (hereinafter referred to as the Law) and determine the procedure for provision of a public service "Registration of notifications on characteristics of goods (products) containing encryption (cryptographic) means" (hereinafter referred to as the public service).

      2. The public service is provided by the National Security Committee of the Republic of Kazakhstan (hereinafter referred to as the service provider) to individuals or legal entities (branches and representative offices of a legal entity), who have applied to the service provider to go through the licensing procedure (hereinafter referred to as the service recipient).

Chapter 2. Procedure for provision of a public service

      3. To receive a public service, the service recipient sends to the service provider through the web portal of the "electronic government" www.egov.kz, www.elicense.kz (hereinafter referred to as the portal) electronic documents, indicated in paragraph 8 of the List of basic requirements to provision of a public service, according to Annex 1 to these Rules (hereinafter referred to as the Requirements to provision of a public service).

      4. An application for registration of notifications on characteristics of goods (products) containing encryption (cryptographic) means (hereinafter - notification) is considered within 5 working days from the date of its registration.

      If necessary, the service provider sends to the "personal account" of the service recipient in the form of an electronic document signed with an electronic digital signature of the authorized person of the service provider, a notification of the need to provide the document provided for in subparagraph 4) of paragraph 8 of the Requirements to provision of a public service. In case of formalization of a notification by the manufacturing organization of a country that is not a member of the Eurasian Economic Union, the service provider sends to the “personal account” of the service recipient in the form of an electronic document signed with an electronic digital signature of the authorized person of the service provider, a notification of the need to provide the document specified in subparagraph 4) of paragraph 8 of the Requirements to provision of a public service. The term for submitting these documents is 3 working days from the moment the service recipient receives the notification. This period is not included in the Term for provision of a public service.

      The service provider receives information about identity document, about state registration (re-registration) of a service recipient as a legal entity, as an individual entrepreneur, contained in state information systems, independently from the relevant state information systems through the gate of "electronic government".

      If the fact of incompleteness of the submitted documents is established, within the specified period, the service provider sends the service recipient to the “personal account” in the form of an electronic document certified by an electronic digital signature of an authorized personof the service provider, a reasoned refusal to further consider the application.

      If a full package of documents is provided, the service provider prepares a decision on registration of notification or notifies the service recipient on the preliminary decision on refusal to register the notification, as well as the time and place (method) of the hearing to allow the service recipient to express their position on the preliminary decision.

      Notice of the hearing is sent at least 3 working days before the end of the period for the provision of the public service. The hearing is conducted no later than 2 working days from the date of the notice.

      Based on the results of the hearing, the service provider prepares a decision on registration of notifications or a reasoned refusal to register notifications on the basis provided for in paragraph 9 of the Requirements to provision of a public service, and sends to the service recipient’s "personal account" on the portal.

      5. The service provider ensures that data is entered into the information system for monitoring the provision of public services on the stage of provision of a public service in accordance with the procedure established by the authorized body in the field of informatization, according to subparagraph 11) of paragraph 2 of Article 5 of the Law.

      The service provider ensures that information about changes and (or) additions made to these Rules is sent to the Unified Contact Center and the operator of the information and communication infrastructure of "electronic government" within ten working days from the date of their entry into force.

      When providing a public service through the state information system of permits and notifications, data on the stage of its provision is automatically sent to the information system for monitoring the provision of public services.

Chapter 3. Procedure for appealing decisions, actions (inaction) of the service provider and (or) their officials on the issues of provision of a public service

      6. A complaint against the decision, action (inaction) of the service provider concerning the provision of public services may be submitted in the name of the head of the service provider to the authorized body for assessment and control over the quality of provision of public services, in accordance with the legislation of the Republic of Kazakhstan.

      7. A complaint from a service recipient received by a service provider directly providing a public service, in accordance with subparagraph 2) of Article 25 of the Law of the Republic of Kazakhstan "On public services" is subject to consideration within five working days from the date of its registration.

      8. A complaint from a service recipient received by the authorized body for assessment and control over the quality of provision of public services, is subject to consideration within fifteen working days from the date of its registration.

      In cases of disagreement with the results of the provision of a public service, the service recipient has the right to apply to the court in the manner prescribed by the legislation of the Republic of Kazakhstan.

      Unless otherwise provided by law, an appeal to the court is allowed after a pre-trial appeal

  Annex 1
to the Rules for registration of notifications
on characteristics of goods (products) containing
encryption (cryptographic) means, approved
by the order of the Chairman of the National
Security Committee of the Republic of Kazakhstan
dated "___" _______ 2022 №. ___

List of basic requirements to provision of a public service "Registration of notifications on characteristics of goods (products) containing encryption (cryptographic) means"

1.

Name of the service provider

National Security Committee of the Republic of Kazakhstan

2.

Methods of provision of a public service

Acceptance of the application and issuance of the result of the provision of a public service are carried out through the web portal of "electronic government": www.egov.kz, www.elicense.kz

3.

Term for provision of a public service

5 working days. The term for submitting the documents provided for in subparagraphs 4) and 3) of paragraph 3 of these Rules is 3 working days from the date of receipt of the notification in the "personal account" of the service recipient. This period is not included in the Term for provision of a public service

4.

Form of provision of a public service

Electronic (partially automated)

5.

Result of provision of a public service

The service provider's decision to register a notification on the characteristics of goods (products) containing encryption (cryptographic) means, or a reasoned refusal to provide a public service.The result of provision of a public service is sent and stored in the “personal account” of the service recipient in the form of an electronic document signed with an electronic digital signature of the authorized person of the service provider.The form of providing the result of provision of public service: electronic

6.

Amount of payment charged from the service recipient when rendering a public service, and methods of collecting it in cases provided for by the legislation of the Republic of Kazakhstan

The public service is provided free of charge

7.

Work schedule of the service provider and the objects of information

1) the service provider - from Monday to Friday inclusive, from 09:00 to 19:00, with a lunch break from 13:00 to 15:00, except weekends and holidays, in accordance with the labor legislation of the Republic of Kazakhstan;2) the portal –around the clock, with the exception of breaks related to technical work (when the service recipient applies after the end of working hours, on weekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan, applications are accepted and the results of provision of public services are issued on the next working day).The address of the place of provision of a public service is posted on the official Internet resource of the service provider: www.knb.kz

8.

List of documents and information, required from service recipient for provision of a public service

1) application in the form of an electronic document certified by the electronic digital signature of the service recipient, in the form, according to Annex 2 to these Rules;2) electronic notification in the form, according to Annex 3 to these Rules (hereinafter referred to as the notification);3) electronic document of notification in *.xls format. A description of the structure of the notification file submitted to the service provider is given in the Regulations on the import into the customs territory of the Eurasian Economic Union and export from the customs territory of the Eurasian Economic Union of encryption (cryptographic) means, approved by the Decision of the Board of the Eurasian Economic Commission dated April 21, 2015 No. 30 "On measures of non-tariff regulation ";4) an electronic copy of a legalized document (apostille, consular legalization), which gives the service recipient the right to act on behalf of the manufacturer. In the case of drawing up the specified document in a foreign language, an electronic copy of the translation into the state or Russian language, certified in the manner prescribed by the legislation of the Republic of Kazakhstan, is also submitted.
If necessary, the service provider sends a notification in the form of an electronic document to the "personal account" of the service recipient about the need to provide the document specified in subparagraph 4) of this paragraph of the Requirements to provision of a public service. In case of formalization of a notification issued by the organization -manufacturer of a country that is not a member state of the Eurasian Economic Union, the service provider sends a notification to the service recipient's "personal account" in the form of an electronic document about the need to provide a document specified in subparagraph 4) of this paragraph of the Requirements to provision of a public service. The term for submitting these documents is 3 working days from the date of receipt of the notification in the "personal account" of the service recipient. This period is not included in the Term for provision of a public service. In case of formalization of the notification by the service recipient who is the manufacturing organization of the third country, the notification must be legalized

9.

Grounds for refusal to provide a public service established by the legislation of the Republic of Kazakhstan

1) establishing the inaccuracy of the documents submitted by the service recipient for obtaining the public service, and (or) the data (information) contained therein;2) non-compliance of the service recipient and (or) the materials, objects, data and information required for the provision of public service with the requirements established by the Decision of the Board of the Eurasian Economic Commission dated April 21, 2015 No. 30;3) negative conclusion of expert examination, research or verification;
4) in relation to the service recipient, there is a court decision (verdict) that has entered into legal force on prohibition of activities or certain types of activities requiring the receipt of public service;5) in relation to the service recipient there is a court decision that has entered into legal force, on the basis of which the service recipient is deprived of a special right related to the receipt of public service

10.

Other requirements, taking into account the specifics of provision of public service

The powers of the representative of the service recipient must be formalized in accordance with the civil legislation of the Republic of Kazakhstan.The service recipient receives a public service in electronic form through the portal, subject to availability of an electronic digital signature.The service recipient has the opportunity to receive information about the procedure and status of provision of public service in remote access mode on the portal in the “personal account” of the service recipient, as well as by calling the service provider and the Unified Contact Center for provision of a public service: 8 (7172) 76-49-49

  Annex 2
to the Rules for registration of notifications
on characteristics of goods (products) containing
encryption (cryptographic) means, approved
by the order of the Chairman of the National
Security Committee of the Republic of Kazakhstan
dated "___" _______ 2022 №. ___

      Form

      To ___________________________________________________________________

      (full name of the service provider)

      from ___________________________________________________________________

      (full name or surname, name, patronymic (if any) of the service recipient)

Application

      I ask you to register a notification on the characteristics of goods containing

      encryption (cryptographic) means.

      Name of goods (products) __________________________________________

      Individual identification number / business identification number of the service recipient

      ______________________________________________________

      Legal address of the service recipient

      _______________________________________________________________________

      (postal code, country (for a foreign legal entity), region, city, district, settlement, street name,

      house / building number (stationary premise)

      The actual address of the service recipient

      _______________________________________________________________________

      (postal code, country (for a foreign legal entity), region, city, district, settlement, street name,

      house / building number (stationary premise)

      Phones, fax, e-mail, official Internet resource (if available) of the service recipient

      _______________________________________________________

      _____ document (s) attached

      It is hereby confirmed that: all specified data are official contacts and any information

      on provision of public service may be sent to them; all attached documents are true and

      valid; the applicant agrees to the use of personal data of limited access, constituting a secret

      protected by law, contained in information systems, in the provision of a public service.

      Authorized person

      __________________ _____________________________

      (signature) (surname, name, patronymic (if any)

      Date of filling "___" ____________20__

  Annex 3
to the Rules for registration of notifications
on characteristics of goods (products) containing
encryption (cryptographic) means, approved
by the order of the Chairman of the National
Security Committee of the Republic of Kazakhstan
dated "___" _______ 2022 №. ___

      Form

      Registered in the register "__" ______20__. No.

      _________________________________________________________________

      _________________________________________________________________

      (signature of the official of the coordinating body) (surname, name, patronymic (if any)

Notification

      On characteristics _________________________________________________________

      (encryption (cryptographic) means and (or) goods containing them - indicate the required)

      1. Name of goods

      2. Purpose of goods

      3. Information on manufacturer of goods

4. Used cryptographic algorithms (functions) and their purpose:

No. category from Annex No. 4

a) _______________________________________________



 

b) _______________________________________________



 

c) _______________________________________________



 

      5. The presence in the product of functionality not described in the operational documentation provided to the user

      _________________________________________________________________________

      6. The validity period of the notification "__" _______20__.

      7. Information about the applicant ____________________________________________________

      8. Information about the manufacturer's document certifying the authority of the person to issue the notification (if necessary)

      _________________________________________________________________________

      9. Date of filling in the notification "__" _______ 20__.

      I confirm the accuracy and completeness of the information included in the notification:

      Authorized person

      _______________ _______________________________

      (signature) (surname, name, patronymic (if any)

  Annex 8 to the order
of the Chairman of the National
Security Committee
  of the Republic of Kazakhstan
dated May 6, 2020 № 34/қе

Rules for provision of a public service "Issuance of permit for sale (including other transfer) of the means of cryptographic protection of information"

      Footnote. The Rules as amended by the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 11.01.2023 № 1/қе (shall be enforced upon expiry of sixty calendar days after the date of its first official publication)

Chapter 1. General provisions

      1. These Rules for provision of a public service "Issuance of permit for sale (including other transfer) of the means of cryptographic protection of information" (hereinafter referred to as the Rules) have been developed in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On public services" (hereinafter referred to as the Law) and determine the procedure for provision of a public service "Issuance of permit for sale (including other transfer) of the means of cryptographic protection of information" (hereinafter referred to as the public service).

      2. The public service is provided by the National Security Committee of the Republic of Kazakhstan (hereinafter referred to as the service provider) to individuals or legal entities (branches or representative offices of a legal entity, licensees), who have applied to the service provider to go through the licensing procedure (hereinafter referred to as the service recipient).

Chapter 2. Procedure for provision of a public service

      3. To receive a public service, the service recipient sends to the service provider through the web portal of the "electronic government" www.egov.kz, www.elicense.kz (hereinafter referred to as the portal) electronic documents, indicated in paragraph 8 of the List of basic requirements to provision of a public service, according to Annex 1 to these Rules (hereinafter referred to as the Requirements to provision of a public service).

      4. An application for the issuance of a permit for sale (including other transfer) of means of cryptographic protection of information (hereinafter referred to as the permit) is considered within 8 working days from the date of its registration.

      The service provider, within 5 working days from the date of receipt of the service recipient's application for the issuance of a permit, verifies the accuracy of the documents submitted by the service recipient for obtaining public service and (or) the data (information) contained therein, as well as the compliance of the service recipient with the licensing requirements for sale (including other transfer) of means of cryptographic protection of information, established by the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated December 19, 2018 No. 104 / қе "On approval of the Rules for licensing procedures and licensing requirements for issuing a permit for sale (including other transfer) of means of cryptographic protection of information and a list of documents confirming compliance with them" (registered in the Register of State Registration of Regulatory Legal Acts under No.17973).

      The service provider receives information about identity document, about state registration (re-registration) of a service recipient as a legal entity, as an individual entrepreneur, on payment of a fee for the right to engage in certain types of activities (in case of payment through the “electronic government” payment gateway), contained in state information systems,independently from the relevant state information systems through the gate of "electronic government".

      If the fact of incompleteness of the submitted documents is established, as well as there are grounds for the refusal to proide the state service provided for in paragraph 9 of the Requirements to provision of a public service, within the specified period, the service provider sends the service recipient to the “personal account” in the form of an electronic document certified by an electronic digital signature of an authorized personof the service provider, a reasoned refusal to further consider the application.

      If a full package of documents is provided, the service provider within 3 working days prepares a permit, in the form of an electronic document, signed with an electronic digital signature of the authorized person of the service provider, or notifies the service recipient on the preliminary decision to refuse to issue the permit, as well as the time and place (method) of the hearing to allow the service recipient to express their position on the preliminary decision.

      Notice of the hearing is sent at least 3 working days before the end of the period for the provision of the public service. The hearing is conducted no later than 2 working days from the date of the notice.

      Based on the results of the hearing, the service provider issues a permit or a reasoned refusal to issue a permit on the basis provided for in paragraph 9 of the Requirements to provision of a public service, and sends to the service recipient’s "personal account" on the portal.

      5. The service provider ensures that data is entered into the information system for monitoring the provision of public services on the stage of provision of a public service in accordance with the procedure established by the authorized body in the field of informatization, according to subparagraph 11) of paragraph 2 of Article 5 of the Law.

      The service provider ensures that information about changes and (or) additions made to these Rules is sent to the Unified Contact Center and the operator of the information and communication infrastructure of "electronic government" within ten working days from the date of their entry into force.

      When providing a public service through the state information system of permits and notifications, data on the stage of its provision is automatically sent to the information system for monitoring the provision of public services.

Chapter 3. Procedure for appealing decisions, actions (inaction) of the service provider and (or) their officials on the issues of provision of a public service

      6. A complaint against the decision, action (inaction) of the service provider concerning the provision of public services may be submitted in the name of the head of the service provider to the authorized body for assessment and control over the quality of provision of public services, in accordance with the legislation of the Republic of Kazakhstan.

      7. A complaint from a service recipient received by a service provider directly providing a public service, in accordance with subparagraph 2) of Article 25 of the Law of the Republic of Kazakhstan "On public services" is subject to consideration within five working days from the date of its registration.

      8. A complaint from a service recipient received by the authorized body for assessment and control over the quality of provision of public services, is subject to consideration within fifteen working days from the date of its registration.

      In cases of disagreement with the results of the provision of a public service, the service recipient has the right to apply to the court in the manner prescribed by the legislation of the Republic of Kazakhstan.

      Unless otherwise provided by law, an appeal to the court is allowed after a pre-trial appeal

  Annex 1 to the Rules
for issuance of permit for sale
(including other transfer) of the means
of cryptographic protection of information,
approved by the order of the Chairman
of the National Security Committee
of the Republic of Kazakhstan
dated "___" ______ 2022 No. ____

List of basic requirements to provision of a public service "Issuance of permit for sale (including other transfer) of the means of cryptographic protection of information"

1.

Name of the service provider

National Security Committee of the Republic of Kazakhstan

2.

Methods of provision of a public service

Acceptance of the application and issuance of the result of the provision of a public service are carried out through the web portal of "electronic government": www.egov.kz, www.elicense.kz

3.

Term for provision of a public service

8 working days

4.

Form of provision of a public service

Electronic (partially automated)

5.

Result of provision of a public service

Issuance of permit for sale (including other transfer) of the means of cryptographic protection of information or a reasoned refusal to provide a public service.The result of provision of a public service is sent and stored in the “personal account” of the service recipient in the form of an electronic document signed with an electronic digital signature of the authorized person of the service provider.The form of providing the result of provision of public service: electronic

6.

Amount of payment charged from the service recipient when rendering a public service, and methods of collecting it in cases provided for by the legislation of the Republic of Kazakhstan

The public service is provided on a paid basis to individual and legal entities. For the provision of public services, a fee is charged for the right to engage in certain types of activities in accordance with Article 554 of the Code of the Republic of Kazakhstan "On taxes and other obligatory payments to the budget (Tax Code)", which is 9 monthly calculation indices. Payment is made in cash and non-cash through second-tier banks and organizations that carry out certain types of banking operations.Payment can be made through the payment gateway of "electronic government"

7.

Work schedule of the service provider and the objects of information

1) the service provider - from Monday to Friday inclusive, from 09:00 to 19:00, with a lunch break from 13:00 to 15:00, except weekends and holidays, in accordance with the labor legislation of the Republic of Kazakhstan;2) the portal –around the clock, with the exception of breaks related to technical work (when the service recipient applies after the end of working hours, on weekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan, applications are accepted and the results of provision of public services are issued on the next working day).The address of the place of provision of a public service is posted on the official Internet resource of the service provider: www.knb.kz

8.

List of documents and information, required from service recipient for provision of a public service

1) an application of a legal entity in the form of an electronic document certified by the electronic digital signature of the service recipient in the form in accordance with Annex 2 to these Rules or an application of an individual in the form of an electronic document certified by the electronic digital signature of the service recipient, in the form according to Annex 3 to these Rules;2) an electronic form of information on the compliance of the service recipient with the licensing requirements for engaging in activities for sale (including other transfer) of means of cryptographic protection of information, in the form in accordance with Annex 4 to these Rules;3) information confirming the payment to the budget of the fee for the right to engage in certain types of activities, except for cases of payment through the payment gateway of "electronic government"

9.

Grounds for refusal to provide a public service established by the legislation of the Republic of Kazakhstan

1) establishing the inaccuracy of the documents submitted by the service recipient for obtaining the public service, and (or) the data (information) contained therein;2) non-compliance of the service recipient and (or) the submitted data and information necessary for provision of public service with the licensing requirements;3) in relation to the service recipient, there is a court decision (verdict) that has entered into legal force on prohibition of activities or certain types of activities requiring the receipt of public service;4) in relation to the service recipient there is a court decision that has entered into legal force, on the basis of which the service recipient is deprived of a special right related to the receipt of public service

10.

Other requirements, taking into account the specifics of provision of a public service

The service recipient receives a public service in electronic form through the portal, subject to availability of an electronic digital signature.The service recipient has the opportunity to receive information about the procedure and status of provision of public service in remote access mode on the portal in the “personal account” of the service recipient, as well as by calling the service provider and the Unified Contact Center for provision of a public service: 8 (7172) 76-49-49

  Annex 2 to the Rules
for issuance of permit for sale
(including other transfer) of the means
of cryptographic protection of information,
approved by the order of the Chairman
of the National Security Committee
of the Republic of Kazakhstan
dated "___" ______ 2022 No. ____

      Form

Application of a legal entity for obtaining a permit for sale (including other transfer) of the means of cryptographic protection of information

      To _________________________________________________________________

      (full name of the service recipient)

      from ________________________________________________________________19

      (full name, location, business identification number of a legal entity (including a foreign

      legal entity), business identification number of a branch or representative office of

      a foreign legal entity - in the absence of a business identification number of the legal entity)

      I ask for a permit to carry out activities for sale (including other transfer) of means

      of cryptographic protection of information.

      Legal entity address

      ____________________________________________________________________

      (postal code, country (for a foreign legal entity), region, city, district, settlement, street name,

      house / building number (stationary premise)

      E-mail ___________________________________________________

      Phones ___________________________________________________________

      Fax _______________________________________________________________

      Bank account

      ____________________________________________________________________

      (account number, name and location of the bank)

      ________ document (s) attached.

      It is hereby confirmed that: all specified data are official contacts and any information

      on the issue or refusal to issue a permit may be sent to them; the applicant is not prohibited

      by the court from engaging in activities or certain types of activities, requiring a permit;

      all attached documents are true and valid;  the applicant agrees to the use of personal data

      of limited access, constituting a secret protected by law, contained in information systems

      when issuing a permit.

      Manager ___________ _________________________________________

      (signature) (surname, name, patronymic (if any)

      Date of filling: "___" _________ 20 _____

      ________________

      19The service provider receives information independently from the relevant state information systems through the gate of "electronic government".

  Annex 3 to the Rules
for issuance of permit for sale
(including other transfer) of the means
of cryptographic protection of information,
approved by the order of the Chairman
of the National Security Committee
of the Republic of Kazakhstan
dated "___" ______ 2022 No. ____

      Form

Application of an individual for obtaining a permit for sale (including other transfer) of the means of cryptographic protection of information

      To ________________________________________________________________________

      (full name of the service recipient)

      from ______________________________________________________________________20

      (surname, name, patronymic (if any) of an individual, individual identification number)

      I ask to issue a permit to carry out activities for sale (including other transfer) of means

      of cryptographic protection of information

      Address of the location of an individual ____________________________________________

      _____________________________________________________________________________

      (postal code, region, city, district, locality, street name, house / building number (stationary room)

      E-mail __________________________________________________

      Phones __________________________________________________________

      Fax ______________________________________________________________

      Bank acount ____________________________________________________

      (account number, name and location of the bank)

      ________ document (s) attached.

      It is hereby confirmed that: all specified data are official contacts and any information on issue

      or refusal to issue a permit may be sent to them; the applicant is not prohibited by the court

      from engaging in activities or certain types of activities requiring obtaining permissions; all attached

      documents are true and valid; the applicant agrees to the use of personal data of limited access,

      constituting a secret protected by law, contained in information systems when issuing a permit.

      _________ ______________________________________

      (signature) (surname, name, patronymic (if any)

      Date of filling: "___" _________ 20 _____

      ________________

      20The service provider receives information independently from the relevant state information systems through the gate of "electronic government".

  Annex 4 to the Rules
for issuance of permit for sale
(including other transfer) of the means
of cryptographic protection of information,
approved by the order of the Chairman
of the National Security Committee
of the Republic of Kazakhstan
dated "___" ______ 2022 No. ____

      Form

Form of information on compliance of the service recipient with licensing requirements for engaging in activities for sale (including other transfer) of the means of cryptographic protection of information

      1. Information about the service recipient

      ____________________________________________________________________21;

      (surname, name, patronymic (if any) of an individual, individual identification number,

      date and number of issue of the certificate/certificate of state registration/re-registration

      of a legal entity)

      2. Information about the declared specialist (s) who have a higher or secondary vocational

      education in a technical specialty

      ______________________________________________________________________

      (indicate specialty and qualification, as well as the number, date and place of issue

      of the diploma(s)),

      ______________________________________________________________________;

      name of educational institution, attaching a copy(ies) of the diploma(s)

      Address of legal entity or individual

      ______________________________________________________________________

      (postal code, country (for a foreign legal entity), region, city, district, settlement, street name,

      house / building number (stationary premise)

      E-mail _____________________________________________________

      Phones _____________________________________________________________

      Fax _________________________________________________________________

      Bank acount _______________________________________________________

      (account number, name and location of the bank)

      _______________

      21The service provider receives information independently from the relevant state information systems through the gate of "electronic government".

  Annex 9 to the order of the
Chairman of National
Security Committee of the
Republic of Kazakhstan
dated "__" ______ 2020 № ___

List of some invalid orders of the Chairman of the National Security Committee of the Republic of Kazakhstan

      1. Order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated April 28, 2015 No. 30 "On approval of the public service standards, provided by the National Security Committee of the Republic of Kazakhstan" (registered in the Register of state registration of regulatory legal acts No. 11360, published on July 9, 2015 in the information- legal system "Adilet").

      2. Order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated May 27, 2015 No. 43 "On approval of regulations for public services provided by the National Security Committee of the Republic of Kazakhstan" (registered in the Register of state registration of regulatory legal acts No. 11509, published on July 14, 2015 in the information- legal system "Adilet").

      3. Order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated July 17, 2017 No. 50 ns "On amendments and additions to the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated April 28, 2015 No. 30 "On approval of public service standards, provided by the National Security Committee of the Republic Kazakhstan" (registered in the Register of state registration of regulatory legal acts No. 15550, published on September 4, 2017 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan).

      4. Order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated October 25, 2017 No. 98 ns "On amendments to the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated May 27, 2015 No. 43 "On approval of regulations for public services provided by the National Security Committee of the Republic of Kazakhstan" (registered in the Register of state registration of regulatory legal acts No. 15996, published on December 5, 2017 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan).

      5. Order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated May 30, 2018 No. 44 / ns "On amendments and additions to the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated April 28, 2015 No. 30 "On approval of the public service standards, provided by the National Security Committee of the Republic of Kazakhstan" (registered in the Register of state registration of regulatory legal acts No. 17125, published on July 12, 2018 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan).

      6. Order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated August 7, 2018 No. 65ns "On amendments to the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated May 27, 2015 No. 43 "On approval of regulations for public services provided by the National Security Committee of the Republic of Kazakhstan" (registered in the Register of state registration of regulatory legal acts No. 17335, published on September 14, 2018 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan).

      7. Order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated May 2, 2019 No. 28 / қе "On amendments and additions to the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated April 28, 2015 No. 30 "On approval of public service standards, provided by the National Security Committee of the Republic of Kazakhstan" (registered in the Register of state registration of regulatory legal acts No. 18631, published on May 16, 2019 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan).

      8. Order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated June 28, 2019 No. 46 / қе "On amendments and additions to the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated May 27, 2015 No. 43 "On approval of regulations for public services, provided by the National Security Committee of the Republic of Kazakhstan" (registered in the Register of state registration of regulatory legal acts No. 18982, published on July 15, 2019 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan).

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