On approval of the Rules and time limits for sending or serving to the inspectee the preliminary act of an on-site customs inspection, for filing by the inspectee of a written objection to the preliminary act of an on-site customs inspection and for consi

Order of the Minister of Finance of the Republic of Kazakhstan dated April 21, 2021 No. 376. Registered with the Ministry of Justice of the Republic of Kazakhstan on April 22, 2021 No. 22593

      Unofficial translation

      In accordance with subparagraph 4) of paragraph 3 of Article 4 of the Law of the Republic of Kazakhstan dated July 13, 1999 "On Countering Terrorism", the Government of the Republic of Kazakhstan HEREBY RESOLVES:

      1. To approve the attached:

      1) Rules for classifying facilities as vulnerable to terrorism;

      2) criteria for classifying facilities as vulnerable to terrorism.

      2. To recognize as invalid:

      1) Resolution of the Government of the Republic of Kazakhstan dated August 28, 2013 No. 876 "On approval of the list of facilities of the Republic of Kazakhstan vulnerable to terrorism";

      2) paragraph 19 of the amendments and supplements that are made to some decisions of the Government of the Republic of Kazakhstan on the issues of the State Security Service of the Republic of Kazakhstan, approved by Resolution of the Government of the Republic of Kazakhstan dated October 16, 2014 No. 1098 "On amendments and supplements to some decisions of the Government of the Republic of Kazakhstan on issues State security services of the Republic of Kazakhstan".

      3. This Resolution shall come into effect ten calendar days after the day of its first official publication.

      Prime Minister
of the Republic of Kazakhstan
A. Mamin

  Approved
by Resolution
of the Government of the
Republic of Kazakhstan
dated April 12, 2021 No. 234

Rules for classifying facilities as vulnerable to terrorism

Chapter 1. General Provisions

      1. These Rules for classifying facilities as vulnerable to terrorism (hereinafter referred to as the Rules) have been developed in accordance with subparagraph 4) of paragraph 3 of Article 4 of the Law of the Republic of Kazakhstan dated July 13, 1999 "On Countering Terrorism" and shall determine the procedure for classifying facilities as vulnerable to terrorism.

      2. The following basic concepts shall be used in these Rules:

      1) guarded facilities - buildings, structures and facilities intended for the stay of protected persons, as well as the territory and water area adjacent to them;

      2) restricted information - information classified as state secrets, personal, family, medical, banking, commercial and other secrets protected by law, as well as official information marked "For official use";

      3) facility- an organization (institution) with an organized set of personnel and (or) a building, structure, complex of buildings and structures or parts thereof;

      4) requisites of a facility vulnerable to terrorism - mandatory information elements of a facility vulnerable to terrorism, determined by the form of the list of facilities vulnerable to terrorism.

Chapter 2. The procedure for classifying facilities as vulnerable to terrorism

Paragraph 1. General provisions

      3. Facilities shall be classified as vulnerable to terrorism if the body specified in paragraph 4 of these Rules makes a decision to classify the facilities as vulnerable to terrorism (hereinafter referred to as the Decision).

      4. The decision shall be made on:

      1) departmental level:

      concerning military units and institutions of the Ministry of Defense of the Republic of Kazakhstan, facilities of the national security bodies of the Republic of Kazakhstan and the State Security Service of the Republic of Kazakhstan, foreign institutions of the Republic of Kazakhstan - by the state body in charge of these facilities;

      concerning guarded facilities - by the State Security Service of the Republic of Kazakhstan;

      2) territorial level:

      concerning facilities located on the territory of the region, city of republican significance, the capital, except for the facilities specified in subparagraph 1) of this paragraph, - by the akimat of the region, city of republican significance, the capital.

Paragraph 2. The procedure for classifying facilities as vulnerable to terrorism at the departmental level

      5. At the departmental level, to decide on the facilities specified in subparagraph 1) of paragraph 4 of these Rules, the relevant state body shall organize the consideration and analysis of information on the facilities for their compliance with the criteria for classifying facilities as vulnerable to terrorism, approved by the Government of the Republic of Kazakhstan (hereinafter referred to as the Criteria).

      6. Facilities that meet the criteria shall be subject to inclusion in the list of facilities vulnerable to terrorism by the relevant state body (hereinafter referred to as the Departmental list) according to their category.

      7. Determination of the form of the departmental list and categorization of facilities shall be carried out by the state body specified in subparagraph 1) of paragraph 4 of these Rules.

      The categorization of objects shall mean the assignment of a category to facilities based on a comprehensive assessment of their condition, taking into account the degree of the potential danger of committing an act of terrorism on them and its possible consequences.

      Upon completion, departmental lists shall be the documents containing the official information of limited distribution and marked "For official use", unless they are assigned a secrecy stamp in accordance with the requirements of the legislation of the Republic of Kazakhstan on state secrets.

      8. The departmental list shall be approved by the first head of the relevant state body.

      The departmental list of foreign establishments of the Republic of Kazakhstan vulnerable to terrorism shall be coordinated with the national security bodies of the Republic of Kazakhstan.

      9. Amendments and supplements to departmental lists shall be carried out in the following cases:

      1) disposal of facilities from the balance or acceptance of the facility to the balance of the relevant state body;

      2) changes in the functional purpose of the facility, resulting in the loss of compliance with the criterion for attributing the facility or the identification of new facilities that correspond to at least one of the criteria;

      3) changes in the requisites of the facility.

Paragraph 3. The procedure for classifying facilities as vulnerable to terrorism at the territorial level

      10. At the territorial level, to decide on classifying the facilities specified in subparagraph 2) of paragraph 4 of these Rules as vulnerable to terrorism, the anti-terrorist commission of the region, city of republican significance, the capital, district (city of regional significance) under the akimat of the region, city of republican significance, capital, district (city of regional significance) (hereinafter referred to as the Anti-terrorist commission) shall:

      1) examine and analyze information for compliance of facilities with criteria;

      2) recommend the facility for inclusion in the list of facilities vulnerable to terrorism of the region, city of republican significance, the capital, approved by the akimat of the region, city of republican significance, the capital (hereinafter referred to as the Territorial list) if the facility meets one of the criteria;

      3) recommend the facility for exclusion from it in case of establishing non-compliance of the facility of the territorial list with any of the criteria.

      11. To prepare a decision on classifying facilities as vulnerable to terrorism, applications shall be submitted to the office (department) of the anti-terrorist commission for the inclusion and (or) exclusion of facilities in (from) the list of facilities vulnerable to terrorism, region, city of republican significance, capitals (hereinafter referred to as the Applications).

      Applications shall be submitted subject to the availability of proposals twice a year, no later than June 1 and December 1 in the form in accordance with Annex 1 to these Rules.

      12. Applications shall be made by central state bodies, including state bodies, directly subordinate and accountable to the President of the Republic of Kazakhstan (hereinafter referred to as the State body), concerning facilities that meet the criteria and are facilities:

      1) directly to the state body, its structural subdivisions, territorial bodies, as well as other bodies, organizations, and institutions under their jurisdiction and the authority of the state body (hereinafter referred to as Subordinate organizations) (if buildings, structures, complexes of buildings and structures, where these facilities are deployed (hereinafter referred to as the Locations), they are not on the organizational and logistical support of the state body, its structural divisions and subordinate organizations, the application shall indicate the organization operating the locations);

      2) a state body consisting of the organizational and material and technical support of the state body and its subordinate organizations, indicating the organization (organizations) functioning at the facilities;

      3) republican property, the right to own state blocks of shares and state stakes in which has been transferred to a state body or its subordinate organizations.

      13. Applications shall be submitted by subdivisions of local executive bodies in respect of facilities that meet the criteria and:

      1) are under their jurisdiction, and (or) carrying out activities in the sphere regulated by these departments, financed from the local budget;

      2) state blocks of shares and state shares of which are classified as communal property.

      14. Applications shall be submitted by subdivisions of local executive bodies, and territorial subdivisions of authorized state bodies in respect of privately owned facilities that meet the criteria and operate in the area regulated by this state body.

      15. Consideration of applications shall be carried out by the anti-terrorist commission with the involvement of interested parties: representatives of territorial divisions of central state bodies, executive bodies financed from the local budget, local governments, the national chamber of entrepreneurs, and other organizations, regardless of ownership.

      16. When preparing proposals for the development, approval, amendments and supplements to the lists of facilities vulnerable to terrorism, the anti-terrorist commission, if necessary, may request additional information on the facilities according to applications, as well as from the owners (possessors), managers of facilities or their representatives about facilities that meet the criteria for being classified as vulnerable to terrorism, for which there are no applications, and a survey of such facilities is carried out for inclusion in the territorial list.

      Based on the proposal of the anti-terrorist commission and in agreement with the territorial bodies of national security and internal affairs, the akimat of the region, the city of republican significance, the capital, no later than February 1 and August 1, shall approve the territorial list or amendments and supplements to it in the form in accordance with Annex 2 to these Rules17.

      18. After the approval of the territorial list or the introduction of amendments and (or) supplements to it, the akimat of the region, city of republican significance, the capital, district (city of regional significance) within a period not later than thirty working days shall provide the appropriate notification of the owners (possessors) of facilities, managers of facilities included in the territorial list (excluded from the territorial list), or their authorized persons in the form in accordance with Annex 3 to these Rules.

      19. The owners (possessors), and heads of the facilities included in the territorial list, within thirty working days, shall inform the office (department) of the anti-terrorist commission of the amendments that have occurred concerning property rights, managers and the name of the facility, its legal and actual address, and as well as the termination of the operation of the facility and (or) a change in the functional purpose of the facility, which entailed the loss of compliance with the criterion.

      20. Amendments and supplements to the territorial lists shall be carried out in connection with:

      1) termination or commissioning of facilities that are vulnerable to terrorism;

      2) change in the functional purpose of the facility, resulting in the loss of compliance with the criterion for assigning the facility or the identification of new facilities that correspond to at least one of the criteria;

      3) changes in the requisites of the facility.

  Annex 1
to the Rules for classifying
facilities as vulnerable to terrorism

APPLICATION for the inclusion and (or) exclusion of a facility (facilities) in (from) the list of facilities vulnerable to terrorism, ___________ (regions, cities of republican significance, the capital)

      1. Section "Information on the facilities recommended for inclusion in the territorial list" (to be filled in if necessary)

      On the territory of the __________________ region (city of republican significance, the capital, district (city of regional significance) some facilities meet the criteria for classifying facilities vulnerable to terrorism:

No.

Name of the facility (full and abbreviated (if any), legal form

Address (the location (legal and actual address, business identification number or individual facility identification number) of a legal entity or last name, first name, patronymic (if any), place of residence of an individual, including an individual entrepreneur who legally owns a facility

Information on the owner, balance holder of the premises of the facility

The general direction of the facility

Information on departmental affiliation (for state-owned facilities) or industry affiliation (for privately owned facilities)

Contact information (the official email address of the facility, its management, mobile phone numbers, telephone numbers of the city telephone network

Note
(features of the facility, including the capacity of the facility for facilities of mass congestion of people, other)

The criterion according to which the facility is classified as vulnerable to terrorism

1








...








      2. Section "Information on facilities recommended for exclusion from the territorial list" (to be filled in if necessary).

      On the territory of the __________________ region (city of republican significance, the capital, district (city of regional significance) there are facilities recommended for exclusion from the territorial list.

No.
 

Name of the facility (full and abbreviated (if any), legal form

Address (the location (legal and actual address, business identification number or individual facility identification number) of a legal entity or last name, first name, patronymic (if any), place of residence of an individual, including an individual entrepreneur who legally owns a facility

Information on the owner, balance holder of the premises of the facility

Contact information (the official email address of the facility, its management, mobile phone numbers, telephone numbers of the city telephone network

Reason for exclusion (termination of operation of the facility and (or) change in the functional purpose of the facility, resulting in the loss of compliance with the criterion, other)

Criteria according to which the facility is included in the territorial list

1







...







  Annex 2
to the Rules for classifying
facilities as vulnerable to terrorism

List 1
of facilities vulnerable to terrorism,
___________________________________________ _
(regions, cities of republican significance, capitals)

No.

Facility name

The legal address of the facility

The actual address of the facility

Departmental/industry affiliation to a government body (if any)

Note (capacity for facilities of mass congestion of people and other)

1

2

3

4

5

6

1. Especially important state facilities

Relevance criterion

1






2






The total number of facilities in section 1:_ ____.


2. Strategic facilities, facilities of economic sectors of strategic importance

Relevance criterion

3






4






The total number of facilities in section 2:_ ____.

3. Hazardous production facilities

Relevance criterion













The total number of facilities in section 3:_ ____.

4. Facilities of mass congestion of people

Relevance criterion













The total number of facilities in section 4:_ ____.

The total number of facilities _____.

      Note:

      1. When classifying facilities as vulnerable to terrorism:

      1) facilities located on one or several territorially related sites, the copyright holder of which is one body or organization operating the facilities, are subject to inclusion in the list as one facility;

      2) facilities located on one or several territorially related sites, the right holders of which are different bodies or organizations operating the facilities, are subject to inclusion in the list as separate facilities;

      3) facilities located at geographically remote and (or) technologically and technically unrelated sites, the right holder of which is one body or organization or a person operating the facilities, are subject to inclusion in the list as separate facilities;

      organization and the operated facility (its location) are included in the list of vulnerable to terrorism facilities as one facility.

      2. Upon completion, the lists of facilities vulnerable to terrorism shall be documents containing the official information of limited distribution and are marked "For official use” unless they are assigned a secrecy stamp in accordance with the requirements of the legislation of the Republic of Kazakhstan on state secrets.

      3. Within ten working days after the approval of the territorial list, the introduction of amendments and (or) supplements to it:

      1) one copy of the legal act shall be sent to the territorial bodies of the National Security Committee of the Republic of Kazakhstan and internal affairs of the Republic of Kazakhstan, as well as to the State Security Service of the Republic of Kazakhstan;

      2) the relevant extract shall be sent to the central state bodies, their territorial subdivisions, and subdivisions of local executive bodies in accordance with the submitted applications.

      ___________________________

      1The list shall be approved in tabular form according to the Annex in the state and Russian languages. The numbering of the territorial list of facilities vulnerable to terrorism must be continuous within the list;

  Annex 3
to the Rules for classifying
facilities as vulnerable to terrorism
  Form

Notification of the inclusion (or) exclusion of a facility in (from) the list of facilities vulnerable to terrorism _________________ (regions, cities of republican significance, capitals)

      1) _________________________________ name of the facility;

      2) _________________________________ facts that served as the grounds for

      the inclusion or exclusion of the facility

      (compliance (non-compliance) of the facility with the criteria, other);

      3) __________________________________ number and date of the decision of the akimat

      of the the region, city of republican significance, the capital on the inclusion (exclusion)

      of the facility in (from) the territorial list;

      4) representative of the office (department) of the anti-terrorist commission

      ____________ __________________________

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

      Note: the notification shall be sent by hand - with a mark of receipt

      or by mail - by sending a registered letter with notification.

  Approved
by Resolution of the Government
of the Republic of Kazakhstan
dated April 12, 2021 No. 234

Criteria for classifying facilities as vulnerable to terrorism

Chapter 1. General Provisions

      1. For these criteria, the following basic concepts shall be used:

      1) potentially hazardous chemical and biological substances - substances that, under certain conditions and in certain concentrations, may harm human health or future generations, the application and use of which shall be regulated by regulatory legal acts in the field of sanitary and epidemiological welfare of the population and hygiene standards;

      2) estimated area - the sum of the areas of all premises located in it, except for corridors, vestibules, passages, stairwells, elevator shafts, internal open stairs, as well as premises intended for the placement of engineering equipment and engineering networks;

      3) public facilities - buildings, structures, premises or parts thereof, intended for a stay of people and (or) satisfying their various needs, while being free for access by an individually indefinite list of persons;

      4) retail space - the area of a retail facility occupied by special equipment, intended for displaying, demonstrating goods, serving customers and making cash settlements with customers when selling goods, and passing customers;

      2. Especially important state facilities vulnerable to terrorism shall include facilities that meet the following criteria:

      1) facilities of central executive bodies, facilities of state bodies directly subordinated and accountable to the President of the Republic of Kazakhstan, their departments, except for facilities of special state and law enforcement bodies; facilities of their structural and territorial subdivisions of interregional, regional, district significance, cities of regional, republican significance, the capital on a reasonable proposal (application) of the body in charge of which they are, based on the significance of the tasks to be solved;

      2) facilities of the bodies of the judicial system, their structural and territorial divisions;

      3) facilities of special state and law enforcement agencies, their departments, structural, territorial divisions;

      4) facilities of the National Bank of the Republic of Kazakhstan;

      5) foreign missions of the Republic of Kazakhstan (according to the departmental list of the Ministry of Foreign Affairs of the Republic of Kazakhstan);

      6) facilities of local representative and executive bodies of the region, district, city, district in the city of regional and republican significance, the capital;

      7) other facilities of great national importance.

      3. Strategic facilities, facilities of sectors of the economy of strategic importance, vulnerable to terrorism shall include facilities that meet the following criteria:

      1) military units and institutions of the Armed Forces, other troops and military formations;

      2) facilities with state material reserves (warehouses for the storage of medicines, fuels and lubricants, food and clothing warehouses);

      3) life support facilities: gas distribution stations that provide commercial gas to organizations that produce thermal energy and meet the criteria of this subparagraph; energy-producing organizations engaged in the production of electrical (over 50 MW) and (or) thermal energy, boiler houses producing heat energy in the district heating zone (over 100 Gcal) (thermal power plant, state district power station, hydroelectric power station, gas-turbine thermal power plant, thermal power plant and boiler houses), substations of the system operator 220kV and above; drinking water supply facilities - water intake facilities that provide drinking water supply to water consumers in the amount of more than 5000 (five thousand) people;

      4) transport infrastructure facilities (railway stations belonging to classes "Out of class", "1", "2" and "3" classes, seaports providing services to ships making international flights, airports (aerodromes), facilities of air navigation service providers;

      5) water management facilities (hydraulic structures - hydroelectric facilities, locks, dams used to manage water resources, and so on), the destruction (disruption of activity) of which can lead to emergencies on a global, regional or local scale;

      6) facilities where oil and (or) gas processing, oil and (or) gas storage in tanks, uranium mining and processing is carried out; facilities operating in the chemical industry;

      7) facilities of the defence industry;

      8) facilities of communication, telecommunications, television and radio broadcasting (facilities of a technical structure (radio and television stations);

      9) organizations of the metallurgical industry, related to the backbone;

      10) facilities using atomic energy.

      4. Hazardous industrial facilities vulnerable to terrorism include facilities that meet the following criteria:

      1) facilities involved in the development, production, testing, research and storage of potentially hazardous chemical and biological (bacteriological, poisonous) substances;

      2) facilities for the storage of explosives, and toxic and highly toxic substances.

      5. Facilities of a mass congestion of people vulnerable to terrorism include facilities that meet the following criteria:

      1) retail facilities with a sales area of 500 (five hundred) square meters or more, or facilities on whose territory firearms and ammunition are traded;

      2) public catering facilities with a total area of halls for serving visitors from 500 (five hundred) square meters or more;

      3) facilities of cultural organizations (theatres; concert halls; circuses; libraries; cultural and leisure organizations; cinematographic organizations (the main activity of which is the screening of a film carried out in a cinema hall), museums, art galleries (salons); studios; workshops; cultural and historical centers, research centers (research institutes) in the field of culture, other cultural organizations carrying out activities in the field of culture), designed for the simultaneous stay (capacity) of 200 (two hundred) or more people 2;

      4) physical culture and health and sports facilities designed for the simultaneous stay (capacity) of 500 (five hundred) or more people;

      5) other entertainment facilities designed for simultaneous stay (capacity) of 200 (two hundred) or more people;

      6) facilities of educational organizations (buildings of preschool organizations; general education schools (gymnasiums, lyceums); organizations of post-secondary education; organizations of higher and (or) postgraduate education; specialized educational organizations; special educational organizations; educational organizations for orphans and children left without parental care; with the actual number of students and staff of 100 (one hundred) or more people;

      7) healthcare facilities designed for 200 (two hundred) or more visits per shift, organizations providing inpatient care, designed for 200 (two hundred) beds or more (departmental healthcare facilities, if they do not meet other criteria);

      8) places of accommodation for tourists (inns, hotels, motels, tourist camps, guest houses, rest houses, boarding houses and other buildings and structures used for accommodation of tourists and their services), designed for simultaneous stay (capacity) 200 (two hundred) and more people;

      9) other public buildings (including religious buildings (structures), facilities of state bodies and their subordinate organizations, individuals and legal entities providing public services, postal network services and services for users of communication services, cash settlement departments of second-tier banks) designed for simultaneous stay (capacity) of 200 (two hundred) or more people;

      10) facilities of transport infrastructure (bus terminals (stations) designed for simultaneous stay (capacity) of 200 (two hundred) or more people, metro stations).

      6. Guarded facilities vulnerable to terrorism shall include facilities according to the list of facilities protected by the State Security Service of the Republic of Kazakhstan, approved by the head of the State Security Service of the Republic of Kazakhstan in agreement with the Administration of the President of the Republic of Kazakhstan.

      ______________________________

      2Hereinafter, in the absence of a capacity indicator in the title documents at the facilities, the calculation of the quality of the possible stay of people at the facility shall be carried out at the rate of 1.5 m2 per person from the estimated area of the facility, excluding office space.