ORDER OF THE CHAIRMAN OF COMMITTEE OF THE HOMELAND SECURITY OF THE REPUBLIC OF KAZAKHSTAN

of January 11, 2023 No. 1/ke

About introduction of amendments to the order of the Chairman of Committee of homeland security of the Republic of Kazakhstan of May 6, 2020 No. 34/ke "About approval of Rules of rendering the state services by Committee of homeland security of the Republic of Kazakhstan in the spheres of ensuring information security and special technical means intended for conducting investigation and search operations"

I ORDER:

1. Bring in the order of the Chairman of Committee of homeland security of the Republic of Kazakhstan of May 6, 2020 No. 34/ke "About approval of Rules of rendering the state services by Committee of homeland security of the Republic of Kazakhstan in the spheres of ensuring information security and special technical means intended for conducting investigation and search operations" (it is registered in the Register of state registration of regulatory legal acts at No. 20609) the following changes:

state preamble in the following edition:

"According to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" I ORDER:";

in Item 1:

1) to state the subitem in the following edition:

"1) Rules of rendering the state service "Licensing for Implementation of Activities for Development, Production, Repair and Realization of the Special Technical Means Intended for Conducting Investigation and Search Operations" according to appendix 1 to this order;";

6) to state the subitem in the following edition:

"6) Rules of rendering the state service "Issue of the Conclusion on Technical Research regarding Reference of Goods to the Means of Cryptographic Information Security and Special Technical Means Intended for Conducting Investigation and Search Operations" according to appendix 6 to this order;";

Rules of rendering the state service "Licensing for Occupation Activities for Development, Production, Repair and Realization of the Special Technical Means Intended for Conducting Investigation and Search Operations" to be reworded as follows according to appendix 1 to this order;

Rules of rendering the state service "Licensing for Development of Means of Cryptographic Information Security" to be reworded as follows according to appendix 2 to this order;

Rules of rendering the state service "Licensing for Rendering Services in Identification of Technical Channels of Information Leakage and the Special Technical Means Intended for Conducting Investigation and Search Operations" to be reworded as follows according to appendix 3 to this order;

Rules of rendering the state service "Issue of the Conclusion (the Allowing Document) for Import, Export and Transit of the Special Technical Means Intended for Secret Receipt of Information to Which Measures of Non-tariff Regulation in Trade with the Third Countries Are Applied" to be reworded as follows according to appendix 4 to this order;

Rules of rendering the state service "Issue of the Conclusion (the Allowing Document) for Import, Export and Transit of the Cryptography (Cryptographic) Tools to Which Measures of Non-tariff Regulation in Trade with the Third Countries Are Applied" to be reworded as follows according to appendix 5 to this order;

Rules of rendering the state service "Carrying Out Technical Research regarding Reference of Goods to the Means of Cryptographic Information Security and Special Technical Means Intended for Conducting Investigation and Search Operations" to be reworded as follows according to appendix 6 to this order;

Rules of rendering the state service "Registration of Notifications about Characteristics of the Goods (Products) Containing the Cryptography (Cryptographic) Tools" to be reworded as follows according to appendix 7 to this order;

Rules of rendering the state service "Issue of Permission to Realization (including Other Transfer) Means of Cryptographic Information Security" to be reworded as follows according to appendix 8 to this order.

2. To provide to service of information and cyber security of Committee of homeland security of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

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

2) placement of this order on Internet resource of Committee of homeland security of the Republic of Kazakhstan.

3. This order becomes effective after sixty calendar days after day of its first official publication.

It is approved Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

Appendix 1

to the Order of the Chairman of Committee of homeland security of the Republic of Kazakhstan of January 11, 2023 No. 1/ke

Appendix 1

to the Order of the Chairman of Committee of homeland security of the Republic of Kazakhstan of May 6, 2020 No. 34/ke

Rules of rendering the state service "Licensing for Implementation of Activities for Development, Production, Repair and Realization of the Special Technical Means Intended for Conducting Investigation and Search Operations"

Chapter 1. General provisions

1. These rules of rendering the state service "Licensing for Implementation of Activities for Development, Production, Repair and Realization of the Special Technical Means Intended for Conducting Investigation and Search Operations" (further – Rules), are developed according to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" (further – the Law) and determine single procedure for rendering the state service "Licensing for Implementation of Activities for Development, Production, Repair and Realization of the Special Technical Means Intended for Conducting Investigation and Search Operations" (further – the state service) for activities subspecies:

1) development, production of the special technical means intended for conducting investigation and search operations;

2) repair and realization of the special technical means intended for conducting investigation and search operations.

2. The state service is rendered by Committee of homeland security of the Republic of Kazakhstan (further – the service provider) to physical persons or legal entities (branches or representations of the legal entity, licensees) who addressed the service provider for licensing passing (further – uslugopoluchatel).

Chapter 2. Procedure for rendering the state service

3. For receipt of the state service the uslugopoluchatel sends to the service provider by means of the web portal of "the electronic government" www.egov.kz, www.elicense.kz (further – the portal) electronic copies of the documents specified in the subitem 1) of Item 8 of the List of the main requirements to rendering the state service according to appendix 1 to these rules (further – Requirements to rendering the state service).

4. The statement on licensing for implementation of activities for development, production, repair and realization of the special technical means intended for conducting investigation and search operations (further – the license), is considered within 15 working days from the date of its registration.

The service provider within two working days from the moment of receipt of documents of uslugopoluchatel for licensing checks completeness of the submitted documents.

Data on the identity document, on state registration (re-registration) of uslugopoluchatel as the legal entity, as the individual entrepreneur, about payment of the license fee (in case of payment through payment gateway of "the electronic government"), containing in the state information systems, the service provider receives independently from the corresponding state information systems through lock of "the electronic government".

In case of factual determination of incompleteness of the submitted documents the service provider within the specified term sends to "personal account" of the uslugopoluchatel in electronic form certified by the digital signature of the authorized person of the service provider, motivated refusal in further review of the statement.

In case of provision of complete document package the service provider within 10 working days performs check of compliance of uslugopoluchatel to the qualification requirements established by the order of the Chairman of Committee of homeland security of the Republic of Kazakhstan of January 30, 2015 No. 4 "About approval of qualification requirements and the list of the documents confirming compliance to them for implementation of activities in the spheres of ensuring information security and special technical means intended for conducting investigation and search operations" (it is registered in the Register of state registration of regulatory legal acts at No. 10473) (further – qualification requirements).

At the same time the service provider exercises preventive control with visit of uslugopoluchatel for check:

1) originals of documents;

2) specially allocated rooms of uslugopoluchatel;

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

After implementation of preventive control with visit of uslugopoluchatel the service provider carries out assessment of level of knowledge of the declared specialists based on results of delivery of qualification offsetting.

Following the results of check of compliance of uslugopoluchatel to qualification requirements the service provider within 3 working days prepares in electronic form, the authorized person of the service provider signed by the digital signature, the license with indication of subspecies / subspecies of activities or notifies uslugopoluchatel on the provisional solution about refusal in licensing, and also time and the place (method) of carrying out hearing for opportunity to express to uslugopoluchatel line item according to the provisional solution.

The notification on hearing goes at least in 3 working days prior to completion of term of rendering the state service. Hearing is carried out no later than 2 working days from the date of the notification.

By results of hearing the service provider grants the license with indication of subspecies (subspecies) of activities or motivated refusal in licensing on the basis, stipulated in Item 9 Requirements to rendering the state service, and sends to "personal account" of uslugopoluchatel on the portal.

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

1) change of surname, name, middle name (in case of its availability) physical person licensee;

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

3) reorganization of legal person licensee according to the procedure determined by article 34 of the Law of the Republic of Kazakhstan "About permissions and notifications";

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

5) availability of the requirement about renewal in the laws of the Republic of Kazakhstan.

The application for renewal of the license shall be submitted by uslugopoluchatel within thirty calendar days from the moment of emergence of the changes which formed the basis for renewal of the license.

In case of renewal of the license the uslugopoluchatel sends to the service provider by means of the portal electronic copies of the documents necessary for rendering the state service according to the subitem 2) of Item 8 of Requirements to rendering the state service.

The application on renewal of the license is considered within 3 working days from the date of its registration.

The service provider performs check of completeness of the submitted documents and changes which formed the basis for renewal of the license within 1 working day.

Following the results of check of completeness of the submitted documents and changes which formed the basis for renewal of the license, the service provider within 2 working days prepares in electronic form, the authorized person of the service provider signed by the digital signature, the renewed license or motivated refusal in licensing on the basis, stipulated in Item 9 Requirements to rendering the state service, and sends to "personal account" of uslugopoluchatel on the portal.

6. The service provider provides entering of data into information system of monitoring of rendering the state services on stage of rendering the state service according to the procedure, established by authorized body in the field of informatization, according to the subitem 11) of Item 2 of article 5 of the Law.

The service provider provides the direction of information on the made changes and (or) additions in these rules in Single contact center and to the operator of information and communication infrastructure of "the electronic government" within ten working days from the date of their enforcement.

When rendering the state service by means of the state information system of permissions and notifications, data on stage of its rendering arrive in the automatic mode in information system of monitoring of rendering the state services.

Chapter 3. Procedure for appeal of decisions, actions (failure to act) of the service provider and (or) their officials concerning rendering the state service

7. The claim to the decision, actions (failure to act) of the service provider concerning rendering the state services can be submitted addressed to the head of the service provider, to authorized body by assessment and control of quality of rendering the state services, according to the legislation of the Republic of Kazakhstan.

8. The claim of uslugopoluchatel which arrived to the service provider who is directly rendering the state service according to Item 2 of article 25 of the Law is subject to consideration within five working days from the date of its registration.

9. The claim of uslugopoluchatel which arrived to authorized body by assessment and control of quality of rendering the state services is subject to consideration within fifteen working days from the date of its registration.

In disagreement cases with results of rendering the state service the uslugopoluchatel has the right to take a legal action in the procedure established by the legislation of the Republic of Kazakhstan.

If other is not provided by the law, appeal to the court is allowed after appeal in pre-judicial procedure.

Appendix 1

to Rules of rendering the state service "Licensing for implementation of activities for development, production, repair and realization of the special technical means intended for conducting investigation and search operations

The list of the main requirements to rendering the state service "Licensing for Implementation of Activities for Development, Production, Repair and Realization of the Special Technical Means Intended for Conducting Investigation and Search Operations" determines single requirements for activities subspecies: 1. development, production of the special technical means intended for conducting investigation and search operations; 2. repair and realization of the special technical means intended for conducting investigation and search operations
1.	Name of the service provider	Committee of homeland security of the Republic of Kazakhstan
2.	Methods of provision of the state service	Reception of an application and issue of result of rendering the state service in all subspecies are performed through the web portal of "the electronic government": www.egov.kz, www.elicense.kz
3.	Term of rendering the state service	On all subspecies: 1) when licensing – within 15 working days; 2) in case of renewal of the license – within 3 working days
4.	Form of rendering the state service	On all subspecies electronic (partially automated)
5.	Result of rendering the state service	Licensing with indication of activities subspecies / subspecies, renewal of the license, or motivated refusal in rendering the state service. The result of rendering the state service goes and kept in "personal account" of the uslugopoluchatel in electronic form signed by the digital signature of the authorized person of the service provider. Form of provision of result of rendering the state service: electronic
6.	The amount of the payment levied from uslugopoluchatel when rendering the state service and methods of its collection in cases, stipulated by the legislation the Republic of Kazakhstan	The state service is rendered on paid basis to physical persons and legal entities. For rendering the state service the license fee for the occupation right by separate types of activity according to article 554 of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget (Tax code)" which constitutes is levied: 1) for licensing – 20 monthly settlement indicators; 2) for renewal of the license – 2 monthly settlement indicators. Payment is performed in cash and non-cash forms through the banks of the second level and the organization performing separate types of banking activities. Payment can be performed through payment gateway of "the electronic government"
7.	Working schedule of the service provider and subjects of information	1) the service provider – Monday through Friday inclusive, from 09:00 till 19:00 o'clock, with lunch break from 13:00 till 15:00 o'clock, except days off and holidays, according to the labor law of the Republic of Kazakhstan; 2) the portal – round the clock, except for the breaks connected with carrying out technical works (in case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan, reception of applications and issue of results of rendering the state service are performed the next working afternoon). The address of the place of rendering the state service is placed on official Internet resource of the service provider: www.knb.gov.kz
8.	The list of the documents and data requested at uslugopoluchatel for rendering the state service	1) for receipt of the license: the statement of the legal entity in electronic form certified by the digital signature of uslugopoluchatel in form according to appendix 2 to these rules or the statement of the physical person in electronic form certified by the digital signature of uslugopoluchatel in form according to appendix 3 to these rules; the data confirming payment in the budget of the license fee, except as specified payments through payment gateway of "the electronic government"; electronic form of data on compliance of uslugopoluchatel to qualification requirements in form according to appendix 4 to these rules; 2) for renewal of the license: the statement of the legal entity in electronic form certified by the digital signature of uslugopoluchatel in form according to appendix 5 to these rules or the statement of the physical person in electronic form certified by the digital signature of uslugopoluchatel in form according to appendix 6 to these rules; the data confirming payment in the budget of the license fee, except as specified payments through payment gateway of "the electronic government"; electronic copies of the documents containing information on changes, which formed the basis for renewal of the license, except for documents from which information contains in the state information systems
9.	The bases for refusal in rendering the state service established by the legislation of the Republic of Kazakhstan	1) establishment of unauthenticity of the documents submitted by uslugopoluchatel for receipt of the license, and (or) these (data) containing in them; 2) the license fee is not brought; 3) discrepancy of uslugopoluchatel and (or) provided supplied and the information necessary for rendering the state service, to qualification requirements; 4) concerning uslugopoluchatel there is decision (sentence) of court on suspension or prohibition of activities or the separate types of activity which are subject to licensing took legal effect; 5) court based on representation of the legal executive the uslugopoluchatelyu-debtor is temporarily forbidden to grant the license. By reorganization of legal person licensee in the form of separation: 1) non-presentation or inadequate document creation, the Requirements to rendering the state service specified in the subitem 2) of Item 8; 2) discrepancy of uslugopoluchatel to qualification requirements; 3) if earlier the license and (or) appendix to the license were renewed on other legal entity from among the legal persons licensees who again resulted from separation
10.	Other requirements taking into account features of rendering the state service	Uslugopoluchatel receives the state service electronically through the portal on condition of availability of the digital signature. Uslugopoluchatel has possibility of receipt of information on procedure and the status of rendering the state service in the mode of remote access on the portal in "personal account" of uslugopoluchatel, and also by phones of the service provider and Single contact center concerning rendering the state services. Contact telephone numbers of the service provider concerning rendering the state service: 8 (7172) 76-49-49

 

Appendix 2

to Rules of rendering the state service "Licensing for implementation of activities for development, production, repair and realization of the special technical means intended for conducting investigation and search operations

Form

The statement of the legal entity for receipt of the license

В_______________________________________________________________________________________
                                             (full name of the licensor)

от______________________________________________________________________________________1

(full name, location, business and identification number of the legal entity

(including foreign legal entity), business and identification number of branch or

representations of the foreign legal entity – in case of absence business and identification

numbers at the legal entity)

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info