ORDER OF THE MINISTER OF FOREIGN AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN

of May 18, 2016 No. 11-1-2/192

About approval of Rules of accreditation of representative offices of foreign mass media and their journalists

According to article 30 of the Law of the Republic of Kazakhstan "About mass media" and the subitem 88) of Item 15 of the Regulations on the Ministry of Foreign Affairs of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of October 28, 2004 No. 1118, I ORDER:

1. Approve the enclosed Rules of accreditation of representative offices of foreign mass media and their journalists.

2. To provide to committee of the international information of the Ministry of Foreign Affairs of the Republic of Kazakhstan:

1) in the procedure established by the legislation state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy in printing and electronic type on official publication in periodic printing editions and information system of law of Ad_let;

3) within five working days from the date of receipt of this order from the Ministry of Justice of the Republic of Kazakhstan the direction it the copy in printing and electronic type in the Republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan" for entering into Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

4) placement of this order on official Internet resource of the Ministry of Foreign Affairs of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising Deputy minister of foreign affairs of the Republic of Kazakhstan.

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

Approved by the Order of the Minister of Foreign Affairs of the Republic of Kazakhstan of May 18, 2016 No. 11-1-2/192

Rules of accreditation of representative offices of foreign mass media and their journalists

Chapter 1. General provisions

1. These rules of accreditation of representative offices of foreign mass media and their journalists (further - Rules) are developed according to article 30 of the Law of the Republic of Kazakhstan "About mass media", the subitem 88) of Item 15 of the Regulations on the Ministry of Foreign Affairs of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of October 28, 2004 No. 1118, and determine procedure for accreditation of representative offices of foreign mass media (further - media) and their journalists.

2. Professional journalism in the Republic of Kazakhstan of representative offices of foreign media and their journalists is performed based on accreditation.

3. In these rules the following terms and determinations are applied:

1) media - the periodic printing edition, TV, radio channel, the Internet edition;

2) the applicant - the authorized person foreign media, petitioning for accreditation in the Republic of Kazakhstan of foreign mission of media or his journalists.

Chapter 2. Procedure for accreditation, refusal, suspension and withdrawal of accreditation of representative offices of foreign media

Paragraph 1. Procedure for accreditation and refusal in accreditation of representative offices of foreign media

4. For accreditation of foreign mission of media the applicant represents to the Ministry of Foreign Affairs of the Republic of Kazakhstan (further - the Ministry) purposely or through the official e-mail address of the Ministry accreditation@mfa.kz (further - the official e-mail address) the following documents:

1) the signed petition in any form of accreditation of foreign mission of media with provision of the documents confirming powers of the applicant;

2) constituent documents (agreement) and (or) charter foreign media (in the presence);

3) the documents issued according to the legislation of foreign state and confirming registration foreign to media;

4) data about foreign media with indication of full name foreign media, stories of activities, legal address, contact information.

The documents issued, constituted or certified in the established form by competent authorities of foreign states are accepted in the presence of legalization if other is not stipulated by the legislation the Republic of Kazakhstan or the international treaty ratified by the Republic of Kazakhstan.

The documents constituted in foreign language are followed by their properly certified translation on the state and (or) Russian languages.

5. In case of representation of incomplete document package according to the list provided in item 4 of these rules, and (or) documents with the expired effective period, the Ministry within 3 (three) working days from the date of provision of documents returns them to the applicant without consideration.

Return of documents is not the basis for refusal in their consideration in case of the repeated address of the applicant after elimination of return reasons of documents.

6. The ministry within 2 (two) months from the date of receipt of the documents specified in item 4 of these rules considers them and in writing notifies the applicant:

1) about accreditation of foreign mission of media;

2) about refusal in accreditation of foreign mission of media with reasons for the reasons of adoption of such decision.

The term of consideration of documents is prolonged by the motivated decision of the head of the Ministry or its deputy for reasonable time, but no more than up to 2 (two) months in view of need of establishment of the actual circumstances important for their correct consideration on what the applicant is informed within 3 (three) working days from the date of prolongation of term.

7. The decision on refusal in accreditation of foreign mission of media is made in case:

1) factual determinations of provision by the applicant of false information (documents) in case of the request for accreditation;

2) introductions in legal force of the judgment of the Republic of Kazakhstan about suspension or the termination of release foreign media, or distribution of products foreign media in the territory of the Republic of Kazakhstan;

3) violations to foreign media of the legislation of the Republic of Kazakhstan.

8. Accreditation of foreign mission of media is carried out for a period of 5 (five) years.

9. In case of loss of the notification on accreditation of foreign mission of media the applicant submits to the Ministry purposely or through the official e-mail address the signed statement in any form of its replacement.

Issue of the renewed notification of accreditation of foreign mission of media is made by the Ministry within 5 (five) working days from the date of adoption of the statement.

10. The applicant no later than 3 (three) working days from the date of change of the data specified in the notification on accreditation of foreign mission of media and also in the documents provided to the Ministry foreign the media specified in subitems 2), 3) and 4) of item 4 of these rules informs the Ministry on the made changes.

Paragraph 2. Procedure for suspension and withdrawal of accreditation of representative offices of foreign media

11. Suspension of accreditation of foreign mission of media is performed in case:

1) introductions in legal force of the judgment of the Republic of Kazakhstan about suspension of release foreign media, or distribution of products foreign media in the territory of the Republic of Kazakhstan for term and on the conditions specified in such judgment of the Republic of Kazakhstan;

2) failure to provide in the Ministry of information according to Item 10 of these rules;

3) violations by representation foreign media of the legislation of the Republic of Kazakhstan.

12. The withdrawal of accreditation of foreign mission of media is performed in case:

1) introductions in legal force of the judgment of the Republic of Kazakhstan about the termination of release foreign media, or distribution of products foreign media in the territory of the Republic of Kazakhstan;

2) introductions in legal force of court orders of the Republic of Kazakhstan and (or) authorized bodies (officials) of the Republic of Kazakhstan for violation of the law of the Republic of Kazakhstan;

3) violations by representation foreign media of the legislation of the Republic of Kazakhstan during 1 (one) after accreditation suspension.

13. In case of suspension or withdrawal of accreditation of foreign mission of media the Ministry in writing notifies representation foreign by media on suspension or withdrawal of its accreditation no later than 3 (three) working days from the date of decision making.

After elimination of the circumstances which formed the basis for suspension of accreditation of foreign mission of media, the Ministry within 3 (three) working days resumes accreditation and in writing notifies him on this decision.

Chapter 3. Procedure for accreditation, refusal, suspension and withdrawal of accreditation of the journalist foreign media

Paragraph 1. Procedure for accreditation and refusal in accreditation of the journalist foreign media

14. Accreditation of the journalist foreign media is carried out by the Ministry on permanent or temporary basis irrespective of nationality and the permanent residence of the journalist foreign media.

15. Accreditation of the journalist foreign media is performed for term:

1) for permanent accreditation - till 1 (one), but no more than for the term of accreditation of foreign mission of media;

2) for temporary accreditation - for the term specified in the petition foreign to media, but no more than 3 (three) months.

16. For permanent accreditation of the journalist foreign the applicant or the journalist foreign represents media to media to the Ministry purposely, or through the official e-mail address:

1) the signed petition in any form of permanent accreditation of the journalist foreign media;

2) the document confirming powers of the applicant, and in case of the address of the journalist foreign media - the document confirming employment or other contractual relations with foreign to media;

3) the filled accreditation form in form according to appendix 1 to these rules;

4) the photo of 3х4 centimeters in size in electronic format;

5) the foreign passport copy (for the foreigner), certificates of the stateless person (for the stateless person) or the identity document (for the citizen of the Republic of Kazakhstan);

6) the copy of the notification of the Ministry on accreditation of foreign mission of media in the Republic of Kazakhstan;

7) materials (publications, Articles) the journalist foreign the media connected with the Republic of Kazakhstan and published by representation foreign media the last 6 (six) months prior to date of submission of the petition (for journalists of the foreign media which had permanent accreditation during this period).

17. For temporary accreditation of the journalist foreign the applicant or the journalist foreign represents media to media to the Ministry purposely, or through the official e-mail address:

1) the signed petition in any form of temporary accreditation of the journalist foreign media with indication of the term of accreditation, the purpose and date of the planned action in the territory of the Republic of Kazakhstan which moves no later than 15 (fifteen) calendar days before date of the specified action;

2) the documents specified in subitems 2), 3), 4) and 5) of Item 16 of these rules.

18. In case of representation of incomplete document package according to the lists provided in Items 16 and 17 of these rules, and (or) documents with the expired effective period, the Ministry within 3 (three) working days from the date of provision of documents returns them without consideration.

Return of documents is not the basis for refusal in their consideration in case of the repeated address after elimination of return reasons of documents.

19. The ministry within 2 (two) months from the date of receipt of the documents for permanent accreditation specified in Item 16 of these rules considers them and in writing notifies person who addressed for accreditation:

1) about permanent accreditation with execution of the accreditation certificate of the journalist foreign media (further - the accreditation certificate) in form according to appendix 2 to these rules;

2) about refusal in permanent accreditation of the journalist foreign media with reasons for the reasons of adoption of such decision.

20. The ministry within 15 (fifteen) calendar days from the date of receipt of the documents for temporary accreditation specified in Item 17 of these rules considers them and in writing notifies person who addressed for accreditation:

1) about temporary accreditation with execution of the accreditation certificate in form according to appendix 3 to these rules;

2) about refusal in temporary accreditation of the journalist foreign media with reasons for the reasons of adoption of such decision.

21. The term of consideration of documents for permanent and temporary accreditation of journalists of foreign media is prolonged by the motivated decision of the head of the Ministry or its deputy for reasonable time, but no more than up to 2 (two) months in view of need of establishment of the actual circumstances important for their correct consideration on what person who addressed for accreditation is informed within 3 (three) working days from the date of prolongation of term.

22. The decision on refusal in permanent and temporary accreditation of the journalist foreign media is accepted in case:

1) factual determinations of provision by person who addressed for accreditation, false information (documents) in case of the request for accreditation;

2) violations by the journalist foreign media of the legislation of the Republic of Kazakhstan;

3) introductions in legal force of the judgment of the Republic of Kazakhstan about suspension or the termination of release foreign media, or distribution of products foreign media in the territory of the Republic of Kazakhstan;

4) lack of accreditation of foreign mission of media which worker is the journalist (for permanent accreditation).

23. In case of loss of the accreditation certificate the applicant or the journalist foreign submits to media to the Ministry purposely, or through the official e-mail address the signed statement in any form of its replacement.

Issue of the accreditation certificate is made by the Ministry within 5 (five) working days from the date of adoption of the statement.

24. The journalist foreign media no later than 3 (three) working days from the date of change of the data specified in accreditation form informs the Ministry on the made changes.

Paragraph 2. Procedure for suspension and withdrawal of accreditation of journalists of foreign media

25. Suspension of accreditation of the journalist foreign media is performed in case:

1) introductions in legal force of the judgment of the Republic of Kazakhstan about suspension of release foreign media, or distribution of products foreign media in the territory of the Republic of Kazakhstan for term and on the conditions specified in such judgment of the Republic of Kazakhstan;

2) failure to provide in the Ministry of information according to Item 24 of these rules;

3) violations by the journalist foreign media of the legislation of the Republic of Kazakhstan;

4) decisions of the Ministry on suspension of accreditation of the foreign mission of media which is the employer of the journalist foreign media for term and on the conditions specified in such decision of the Ministry (for permanent accreditation).

26. The withdrawal of accreditation of the journalist foreign is performed by media in case:

1) introductions in legal force of the judgment of the Republic of Kazakhstan about the termination of release foreign media, or distribution of products foreign media in the territory of the Republic of Kazakhstan;

2) introductions in legal force of court orders of the Republic of Kazakhstan and (or) administrative acts of authorized bodies of the Republic of Kazakhstan for violation of the law of the Republic of Kazakhstan;

3) decisions of the Ministry on withdrawal of accreditation of foreign mission of media, being to the journalist foreign media the employer;

4) the terminations of employment or other contractual relations between foreign media and his journalist;

5) violations by the journalist foreign media of the legislation of the Republic of Kazakhstan during 1 (one) after accreditation suspension;

6) giving by the applicant or journalist foreign media of the statement for early termination of accreditation of the journalist foreign media;

7) absence within 6 (six) months of the publication of the materials confirming implementation by the journalist foreign to media of journalism in the territory of the Republic of Kazakhstan (for permanent accreditation);

8) introductions in legal force of the court verdict of the Republic of Kazakhstan about involvement of the journalist foreign media to criminal liability;

9) non-compliance with articles 19 and 20 of the International Covenant on Civil and Political Rights ratified by the Law of the Republic of Kazakhstan "About ratification of the International Covenant on Civil and Political Rights";

10) the terminations of activities foreign media, whose representation it is accredited in the Republic of Kazakhstan, in case of receipt of this information in the Ministry;

11) receipts of information of state bodies of the Republic of Kazakhstan on discrepancy of activities of the journalist foreign media officially stated purpose.

27. In case of suspension or withdrawal of accreditation of the journalist foreign media the Ministry in writing notifies foreign media and the journalist foreign by media on suspension or withdrawal of its accreditation no later than 3 (three) working days from the date of decision making.

The accreditation certificate is given in the Ministry within 3 (three) working days from the date of receipt of the notification.

28. After elimination of the circumstances which formed the basis for suspension of accreditation of the journalist foreign to media, the Ministry within 3 (three) working days resumes accreditation and in writing notifies him and foreign by media on this decision.

Paragraph 3. Procedure for accreditation of journalists of the foreign media included in structure of foreign delegations

29. The procedure for accreditation of journalists of the foreign media included in structure of foreign delegations for covering of the international actions of the Republic of Kazakhstan at the highest and high levels is performed by the Ministry based on the address (the verbal note or the letter) of the foreign state (the international organization) which arrived purposely or through the official e-mail address.

Are put to the address:

1) the filled form for accreditation of media in form according to appendix 4 to these rules;

2) the photo of 3х4 centimeters in size in electronic format;

3) the foreign passport copy (for the foreigner), certificates of the stateless person (for the stateless person) or the identity document (for the citizen of the Republic of Kazakhstan).

30. The ministry no later than 3 (three) working days from the date of receipt of the documents specified in Item 29 of these rules considers them and in writing notifies foreign state (the international organization):

1) about accreditation of the journalist foreign media;

2) about refusal in accreditation of the journalist foreign media.

31. The decision on refusal in accreditation of the journalist foreign media is made in case:

1) factual determinations of provision of false information (documents) in case of the request for accreditation;

2) violations by the journalist foreign media of the legislation of the Republic of Kazakhstan.

Appendix 1

to Rules of accreditation of representative offices of foreign mass media and their journalists

See Appendix 1 (0.13Mb In original language)

 

Appendix 2

to Rules of accreditation of representative offices of foreign mass media and their journalists

See Appendix 2 (0.47Mb In original language)

 

Appendix 3

to Rules of accreditation of representative offices of foreign mass media and their journalists

See Appendix 3 (0.44Mb In original language)

 

Appendix 4

to Rules of accreditation of representative offices of foreign mass media and their journalists

See Appendix 4 (12Kb In original language)

 

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