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 №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 №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 shall check the completeness of the submitted documents and the changes that served as the basis for reissuing the license within 2 working days from the date of receipt of the applicant's documents.
Based on the results of checking the completeness of the submitted documents and the changes that served as the basis for reissuing the license, the service provider, within 1 working day, 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 for the provision of public services, and sends it to the service recipient's "personal account" on the portal.
Footnote. Paragraph 5 as amended by the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 07.08.2024 № 111/қе (shall come into effect upon expiry of sixty calendar days after the date of its first official publication).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: | ||
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: |
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. |
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)
№__________ 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)
№____________ 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 №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 №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 shall check the completeness of the submitted documents and the changes that served as the basis for reissuing the license within 2 working days from the date of receipt of the applicant's documents.
Based on the results of checking the completeness of the submitted documents and the changes that served as the basis for reissuing the license, the service provider shall, within 1 working day, prepare 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 for the provision of public services, and send it to the service recipient's "personal account" on the portal.
Footnote. Paragraph 5 as amended by the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 07.08.2024 № 111/қе (shall come into effect upon expiry of sixty calendar days after the date of its first official publication).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; |
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. |
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. |
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; |
8. | List of documents and information, required from service recipient for provision of a public service |
1) to obtain a license: |
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; |
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)
№__________ 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)
№ ____________ 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 № 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 № 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 shall check the completeness of the submitted documents and the changes that served as the basis for reissuing the license within 2 working days from the date of receipt of the applicant's documents.
Based on the results of checking the completeness of the submitted documents and the changes that served as the basis for reissuing the license, the service provider shall, within 1 working day, prepare 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 for the provision of public services, and send it to the service recipient's "personal account" on the portal.
Footnote. Paragraph 5 as amended by the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 07.08.2024 № 111/қе (shall come into effect upon expiry of sixty calendar days after the date of its first official publication).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; |
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. |
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. |
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: |
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; |
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. |
| 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)
№__________ 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)
№____________ 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. |
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. |
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; |
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; |
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; |
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. |
| 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 № 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 | 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 № 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 № 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 № | 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; |
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 № 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 the technical study on the classification of goods
as cryptographic information protection tools and special technical means
intended for conducting operational investigative activities
Footnote. Appendix 2 as amended by the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 07.08.2024 № 111/қе (shall come into effect upon expiry of sixty calendar days after the date of its first official publication).
Based on the study of technical documentation provided under application №
KZ__________________________ dated “____” ___________________ 20__
____________________________________________________________________,
(full name or last name, first name, patronymic (if any) of the service recipient) to determine whether the goods are classified as cryptographic information protection tools and special technical means intended for conducting operational investigative activities, the following conclusion was issued:
№ | Product name | Model | Code of the Unified Commodity Nomenclature of Foreign Economic Activity of the Eurasian Economic Union | Technical Research Result1 |
Validity of the conclusion: indefinite
Authorized person __________________________________________ ___________
(position, last name, first name, patronymic (if any) (signature)
Date of issue "___"____________20__
________________________________
1 1) incomplete technical description;
2) the product does not belong to special technical means intended for conducting operational investigative activities, nor to means of cryptographic protection of information;
3) the product is a special technical means intended for conducting operational investigative activities and does not belong to 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 № | 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 № 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. |
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 № 30;3) negative conclusion of expert examination, research or verification; |
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__. №
_________________________________________________________________
_________________________________________________________________
(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: | № category from Annex № 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 № 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 №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 № ____ |
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 № ____ |
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 № ____ |
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 № ____ |
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 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 98 ns "On amendments to the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated May 27, 2015 № 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 № 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 № 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 № 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 № 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 № 65ns "On amendments to the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated May 27, 2015 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 18982, published on July 15, 2019 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan).
