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

of June 13, 2012 No. 186

About approval of regulations of the state services "Carrying Out Technical Research Regarding Reference of Goods to Special Technical Means for Conducting Investigation and Search Operations" and "Carrying Out Technical Research regarding Reference of Goods to Means of Cryptographic Information Security"

According to Article 34 of the Budget code of the Republic of Kazakhstan and article 9-1 of the Law of the Republic of Kazakhstan of November 27, 2000 "About ministerial procedures", I ORDER:

1. Approve enclosed:

1) regulations of the state service "Carrying Out Technical Research regarding Reference of Goods to Special Technical Means for Conducting Investigation and Search Operations" according to appendix 1 to this order;

2) regulations of the state service "Carrying Out Technical Research regarding Reference of Goods to Means of Cryptographic Information Security" according to appendix 2 to this order.

2. To special information service of Committee of homeland security of the Republic of Kazakhstan:

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

2) after state registration of this order to provide its placement on Internet resource of Committee of homeland security of the Republic of Kazakhstan.

3. To impose control of execution of this order on the First Deputy Chairman of Committee of homeland security of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Appendix 1

to the Order of the Chairman of Committee of homeland security of the Republic of Kazakhstan of June 13, 2012 No. 186

Regulations of the state service "Carrying Out Technical Research regarding Reference of Goods to Special Technical Means for Conducting Investigation and Search Operations"

1. Basic concepts

1. These regulations of the state service "Carrying Out Technical Research regarding Reference of Goods to Special Technical Means for Conducting Investigation and Search Operations" (further - regulations) are developed according to item 4 of article 9-1 of the Law of the Republic of Kazakhstan of November 27, 2000 "About ministerial procedures".

In regulations the following basic concepts are used:

the state service - the activities of state body, its territorial subdivisions which are one of forms of realization of separate functions of state bodies, stipulated by the legislation the Republic of Kazakhstan, directed to requirements satisfaction of physical persons and legal entities, having individual character and performed according to the address of physical and (or) legal entities;

regulations of the state service - the regulatory legal act establishing requirements to ensuring compliance with the standard of the state service and determining procedure for activities of state body, its territorial subdivisions, officials, and also physical persons and legal entities by rendering the state service;

special technical means for conducting investigation and search operations (further - STS) - the technical means which are specially developed for secret receipt of information, products and the software;

the conclusion - the document establishing conditions for possibility of import to customs area of the Customs union or export from customs area of the Customs union of STS, issued by authorized division of Committee of homeland security of the Republic of Kazakhstan (further - licensed body) or its territorial subdivision;

structurally functional units (further - SFE) - responsible persons of authorized bodies, structural divisions of state bodies, state bodies, information systems or their subsystems.

2. General provisions

2. The state service is provided to physical persons and legal entities (further - consumers) in the form of the conclusion on technical research regarding reference of goods to STS.

3. The state service is provided by the licensed body and its territorial subdivisions specified in appendix 1 to the Standard of the state service "Carrying Out Technical Research regarding Reference of Goods to Special Technical Means for Conducting Investigation and Search Operations" approved by the Presidential decree of the Republic of Kazakhstan of July 5, 2011 No. 116 "About approval of standards of the state services "Carrying Out Technical Research Regarding Reference of Goods to Special Technical Means for Conducting Investigation and Search Operations" and "Carrying Out Technical Research regarding Reference of Goods to Means of Cryptographic Information Security" (further - the Standard).

4. Form of the rendered state service - not automated.

5. The state service is performed based on the Law of the Republic of Kazakhstan of December 21, 1995 "About bodies of homeland security of the Republic of Kazakhstan", the Presidential decree of the Republic of Kazakhstan of July 5, 2011 No. 116 "About approval of standards of the state services "Carrying Out Technical Research Regarding Reference of Goods to Special Technical Means for Conducting Investigation and Search Operations" and "Carrying Out Technical Research regarding Reference of Goods to Means of Cryptographic Information Security" and the orders of the Government of the Republic of Kazakhstan of July 20, 2010 No. 745 "About approval of the register of the state services rendered to physical persons and legal entities".

6. In the course of rendering the state services the licensed body and its territorial subdivisions specified in appendix 1 to the Standard participate.

3. Requirements to procedure for rendering the state service

7. Documents acceptance on technical research regarding reference of goods to STS and issue of the conclusion are performed according to Item 9 of the Standard.

8. The complete information about procedure for carrying out technical research regarding reference of goods to STS is published on official Internet resource of Committee of homeland security of the Republic of Kazakhstan (further - KNB) to the address http://www.knb.kz/ in the Section "Important References". The consumer obtains information on the course of consideration of its statement concerning issue of the conclusion of technical research regarding reference of goods to STS by the appeal to licensed body or its territorial subdivision which adopted this statement.

9. The state service is rendered in the terms determined in Item 7 of the Standard.

10. Rendering service is performed free of charge.

11. Form of completion of the state service is issue to consumers of the state service in their circulation on paper of the conclusion on technical research regarding reference of goods to STS or the motivated answer about refusal in service provision.

12. For receipt of the state service the consumer submits documents according to the list provided in Item 11 of the Standard.

13. In case of documents acceptance from the consumer of the state service in the magazine of registration of statements and the conclusions the mark about acceptance of the relevant documents with indication of number and date of acceptance, adjusting data of the consumer of the state service, type of required state service, the number of the enclosed documents becomes, the surname and initials of the employee of the licensed body or its territorial subdivision which accepted documents is specified. The coupon with mark about date of reception of an application and the date of receipt of the state service with indication of registration number of the statement, surname and initials of the employee of the licensed body or its territorial subdivision which adopted the statement is issued to the consumer of the state service (further - the coupon). The form of the coupon is given in appendix 2 to the Standard.

14. Documents acceptance on technical research regarding reference of goods to STS and issue of the conclusion are performed to addresses, certain Item 9 of the Standard.

4. The description of operations procedure (interaction) in the course of rendering the state service

15. Process of rendering the state service consists of the following stages:

1) check and acceptance of packet of the documents submitted by the consumer;

2) registration of a statement in the magazine of registration of statements and the conclusions;

3) issue to the consumer of the coupon in form according to appendix 2 to the Standard;

4) consideration of the application of the consumer;

5) research of the technical description on the declared goods regarding reference to STS;

6) preparation of the conclusion;

7) quality check of the made conclusion;

8) technical processing of the conclusion (fastening of several document sheets);

9) putting down of the signature of the authorized officer and seal of licensed body;

10) registration of the conclusion in the magazine of registration of statements and the conclusions;

11) issue of the conclusion to the consumer under list.

In case of difficulty in case of pronouncement of the conclusion upon the demand of the employee of licensed body or its territorial subdivision the consumer of the state service provides goods sample. The additional technical research of the provided goods sample regarding reference to STS is in that case conducted.

The basis for refusal in provision of the state service is provision of the documents specified in Item 11 of the Standard, not in full and also non-presentation upon the demand of the employee of licensed body or its territorial subdivision of sample of goods.

The refusal in issue of the conclusion on other bases is not allowed.

The text tabular description of the sequence and interaction of administrative actions (procedures) of each SFE with indication of the term of accomplishment of each administrative action (procedure) is provided in appendix 1 to these regulations.

The scheme reflecting interrelation between the logical sequence of administrative actions in the course of rendering the state service and SFE is provided in appendix 2 to these regulations.

16. The form of the established statement is placed on the KNB official Internet resource: www.knb.kz in the Section "Important References". Application forms are issued to consumers of the state service by the employees of reception KNB or services of territorial authorities on duty on areas and the city of Almaty determined by Item 13 of the Standard.

17. Issue of the conclusion is made personally to the consumer of the state service or his authorized representative.

18. In the course of rendering the state service the following SFE - the staff of licensed body participate (further - LO):

1) the chief (deputy chief) of division signing the conclusion;

2) the employees conducting technical research;

3) the employees performing acceptance, registration and issue of documents.

Appendix 1

to Regulations of the state service "Carrying Out Technical Research regarding Reference of Goods to Special Technical Means for Conducting Investigation and Search Operations"

Table of the description of actions of SFE

	Actions of basic process (course, flow of works)
1	action No. (course, flow of works)	1	2	3	4
2	Name SFE	Employee of LO	Employee of LO	Chief of division of LO	Employee of LO
3	Name of action (process, procedure, transaction) and their description	acceptance of packet of the documents submitted by the consumer; check of packet of the documents submitted by the consumer; registration of a statement in the magazine; issue to the consumer of the coupon	consideration of the application of the consumer; research of the technical description on the declared goods regarding reference to STS; preparation of the conclusion; technical processing of the conclusion (fastening of several document sheets)	quality check of the made conclusion; putting down of the signature	putting down of seal; registration of the conclusion in the magazine; issue of the conclusion to the consumer under list
4	Completion form (data, document, organizational and administrative decision)	registration of a statement and issue of the coupon to the consumer or refusal in reception of an application	the drawn-up conclusion	signed conclusion	putting down of the signature of the consumer in the magazine of registration of statements and the conclusions
5	Completion dates	15 minutes	up to 4 working days (in case of goods sample research up to 28 calendar days)	10 minutes	20 minutes

Appendix 2

to Regulations of the state service "Carrying Out Technical Research regarding Reference of Goods to Special Technical Means for Conducting Investigation and Search Operations"

Scheme of functional interaction

Appendix 2

to the Order of the Chairman of Committee of homeland security of the Republic of Kazakhstan of June 13, 2012 No. 186

Regulations of the state service "Carrying Out Technical Research regarding Reference of Goods to Means of Cryptographic Information Security"

1. Basic concepts

1. These regulations of the state service "Carrying Out Technical Research regarding Reference of Goods to Means of Cryptographic Information Security" (further - regulations) are developed according to item 4 of article 9-1 of the Law of the Republic of Kazakhstan of November 27, 2000 "About ministerial procedures".

In regulations the following basic concepts are used:

the state service - the activities of state body, its territorial subdivisions which are one of forms of realization of separate functions of state bodies, stipulated by the legislation the Republic of Kazakhstan, directed to requirements satisfaction of physical persons and legal entities, having individual character and performed according to the address of physical and (or) legal entities;

regulations of the state service - the regulatory legal act establishing requirements to ensuring compliance with the standard of the state service and determining procedure for activities of state body, its territorial subdivisions, officials, and also physical persons and legal entities by rendering the state service;

means of cryptographic information security (further - SKZI) - the means realizing algorithms of cryptographic transformations, generation, forming, distribution or management of keys;

the conclusion - the document establishing conditions about possibility of import to customs area of the Customs union or export from customs area of the Customs union of SKZI, issued by authorized division of Committee of homeland security of the Republic of Kazakhstan (further - licensed body) or its territorial subdivision;

structurally functional units (further - SFE) - responsible persons of authorized bodies, structural divisions of state bodies, state bodies, information systems or their subsystems.

2. General provisions

2. The state service is provided to physical persons and legal entities (further - consumers) in the form of the conclusion on technical research regarding reference of goods to SKZI.

3. The state service is provided by the licensed body and its territorial subdivisions specified in appendix 1 to the Standard of the state service "Carrying Out Technical Research regarding Reference of Goods to Means of Cryptographic Information Security" approved by the Presidential decree of the Republic of Kazakhstan of July 5, 2011 No. 116 "About approval of standards of the state services "Carrying Out Technical Research Regarding Reference of Goods to Special Technical Means for Conducting Investigation and Search Operations" and "Carrying Out Technical Research regarding Reference of Goods to Means of Cryptographic Information Security" (further - the Standard).

4. Form of the rendered state service - not automated.

5. The state service is performed based on the Law of the Republic of Kazakhstan of December 21, 1995 "About bodies of homeland security of the Republic of Kazakhstan", the Presidential decree of the Republic of Kazakhstan of July 5, 2011 No. 116 "About approval of standards of the state services "Carrying Out Technical Research Regarding Reference of Goods to Special Technical Means for Conducting Investigation and Search Operations" and "Carrying Out Technical Research regarding Reference of Goods to Means of Cryptographic Information Security" and the register of the state services rendered to physical persons and legal entities, No. 745 approved by the order of the Government of the Republic of Kazakhstan of July 20, 2010 "About approval of the register of the state services rendered to physical persons and legal entities".

6. In the course of rendering the state services the licensed body and its territorial subdivisions specified in appendix 1 to the Standard participate.

3. Requirements to procedure for rendering the state service

7. Documents acceptance on technical research regarding reference of goods to SKZI and issue of the conclusion are performed according to Item 9 of the Standard.

8. The complete information about procedure for carrying out technical research regarding reference of goods to SKZI is published on official Internet resource of Committee of homeland security of the Republic of Kazakhstan (further - KNB) to the address www.knb.kz in the Section "Important References". The consumer obtains information on the course of consideration of its statement concerning issue of the conclusion of technical research regarding reference of goods to SKZI by the appeal to licensed body or its territorial subdivision which adopted this statement.

9. The state service is rendered in the terms determined in Item 7 of the Standard.

10. Rendering service is performed free of charge.

11. Form of completion of the state service is issue to consumers of the state service in their circulation on paper of the conclusion on technical research regarding reference of goods to SKZI or the motivated answer about refusal in service provision.

12. For receipt of the state service the consumer submits documents according to the list provided in Item 11 of the Standard.

13. In case of documents acceptance from the consumer of the state service in the magazine of registration of statements and the conclusions the mark about acceptance of the relevant documents with indication of number and date of acceptance, adjusting data of the consumer of the state service, type of required state service, the number of the enclosed documents becomes, the surname and initials of the employee of the licensed body or its territorial subdivision which accepted documents is specified. The coupon with mark about date of reception of an application and the date of receipt of the state service with indication of registration number of the statement, surname and initials of the employee of the licensed body or its territorial subdivision which adopted the statement is issued to the consumer of the state service (further - the coupon). The form of the coupon is given in appendix 2 to the Standard.

14. Documents acceptance on technical research regarding reference of goods to STS and issue of the conclusion are performed to addresses, certain Item 9 of the Standard.

4. The description of operations procedure (interaction) in the course of rendering the state service

15. Process of rendering the state service consists of the following stages:

1) check and acceptance of packet of the documents submitted by the consumer;

2) registration of a statement in the magazine of registration of statements and the conclusions;

3) issue to the consumer of the coupon in form according to appendix 2 to the Standard;

4) consideration of the application of the consumer;

5) research of the technical description on the declared goods regarding reference to SKZI;

6) preparation of the conclusion;

7) quality check of the made conclusion;

8) technical processing of the conclusion (fastening of several document sheets);

9) putting down of the signature of the authorized officer and seal of licensed body;

10) registration of the conclusion in the magazine of registration of statements and the conclusions;

11) issue of the conclusion to the consumer under list.

In case of difficulty in case of pronouncement of the conclusion upon the demand of the employee of licensed body or its territorial subdivision the consumer of the state service provides goods sample. The additional technical research of the provided goods sample regarding reference to SKZI is in that case conducted.

The basis for refusal in provision of the state service is provision of the documents specified in Item 11 of the Standard, not in full and also non-presentation upon the demand of the employee of licensed body or its territorial subdivision of sample of goods.

The refusal in issue of the conclusion on other bases is not allowed.

The text tabular description of the sequence and interaction of administrative actions (procedures) of each SFE with indication of the term of accomplishment of each administrative action (procedure) is provided in appendix 1 to these regulations.

The scheme reflecting interrelation between the logical sequence of administrative actions in the course of rendering the state service and SFE is provided in appendix 2 to these regulations.

16. The form of the established statement is placed on the KNB official Internet resource: www.knb.kz in the Section "Important References". Application forms are issued to consumers of the state service by the employees of reception KNB or services of territorial authorities on duty on areas and the city of Almaty determined by Item 13 of the Standard.

17. Issue of the conclusion is made personally to the consumer of the state service or his authorized representative.

18. In the course of rendering the state service the following SFE - the staff of licensed body participate (further - LO):

1) the chief (deputy chief) of division signing the conclusion;

2) the employees conducting technical research;

3) the employees performing acceptance, registration and issue of documents.

Appendix 1

to Regulations of the state service "Carrying Out Technical Research regarding Reference of Goods to Means of Cryptographic Information Security"

Table of the description of actions of SFE

	Actions of basic process (course, flow of works)
1	action No. (course, flow of works)	1	2	3	4
2	Name SFE	Employee of LO	Employee of LO	Chief of division of LO	Employee of LO
3	Name of action (process, procedure, transaction) and their description	acceptance of packet of the documents submitted by the consumer; check of packet of the documents submitted by the consumer; registration of a statement in the magazine; issue to the consumer of the coupon	consideration of the application of the consumer; research of the technical description on the declared goods regarding reference to SKZI; preparation of the conclusion; technical processing of the conclusion (fastening of several document sheets)	quality check of the made conclusion; putting down of the signature	putting down of seal; registration of the conclusion in the magazine; issue of the conclusion to the consumer under list
4	Completion form (data, document, organizational and administrative decision)	registration of a statement and issue of the coupon to the consumer or refusal in reception of an application	the drawn-up conclusion	signed conclusion	putting down of the signature of the consumer in the magazine of registration of statements and the conclusions
5	Completion dates	15 minutes	up to 8 working days (in case of goods sample research up to 28 calendar days)	10 minutes	20 minutes

Appendix 2

to Regulations of the state service "Carrying Out Technical Research regarding Reference of Goods to Means of Cryptographic Information Security"

Scheme of functional interaction

 

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