On approval of the Rules of control of Kazakhstan and foreign sea vessels and Kazakhstan aircraft engaged in subsoil use operations on the contract territory located on the continental shelf of the Republic of Kazakhstan

Decree of the Government of the Republic of Kazakhstan dated December 2, 2016 № 759

      Unofficial translation

      In accordance with subparagraph 12-1) of Article 55 of the Law of the Republic of Kazakhstan dated January 16, 2013 "On State Border of the Republic of Kazakhstan", the Government of the Republic of Kazakhstan hereby ORDERS:

      1. To approve the attached Rules of control of Kazakhstan and foreign sea vessels and Kazakhstan aircraft engaged in subsoil use operations on the contract territory located on the continental shelf of the Republic of Kazakhstan.

      2. This order shall be enforced upon expiry of twenty-one calendar days after the day of its first official publication.

      Prime Minister
      of the Republic of Kazakhstan B. Sagintayev 

  Approved
  by order No. 759 of the Government
  of the Republic of Kazakhstan
  dated December 2, 2016

Rules of control of Kazakhstan and foreign sea vessels and Kazakhstan aircraft engaged in subsoil use operations on the contract territory located on the continental shelf of the Republic of Kazakhstan.

Chapter 1. General Provisions

      1. These Rules of control of Kazakhstan and foreign sea vessels and Kazakhstan aircraft engaged in subsoil use operations on the contract territory located on the continental shelf of the Republic of Kazakhstan (hereinafter - the Rules) were developed in accordance with subparagraph 12-1) of Article 55 of the Law Of the Republic of Kazakhstan "On State Border of the Republic of Kazakhstan" (hereinafter - the Law) and define the control procedure for Kazakhstan and foreign sea vessels (hereinafter - sea vessels) and Kazakhstan aircraft (hereinafter -aircraft) engaged in subsoil use operations on the contract territory located on the continental shelf of the Republic of Kazakhstan, exclusively in the part of compliance by the specified vessels with the conditions of permits for repeated crossing of the State border of the Republic of Kazakhstan (hereinafter - permit) issued by the Border Service of the National Security Committee of the Republic of Kazakhstan (hereinafter - the Border Service) in accordance with the procedure for issuing permits for repeated crossing of the State border of the Republic of Kazakhstan by sea vessels and aircraft engaged in subsoil use operations on the contract territory located on the continental shelf, approved by the Government of the Republic of Kazakhstan.

      2. Control of the sea vessels that obtained permit shall be performed by the Border Service.

      Control of the aircraft that obtained permit shall be performed by the Border Service together with the Armed Forces of the Republic of Kazakhstan.

      In accordance with subparagraph 1) of paragraph 1 of Article 70 of the Law, the Air Defense Forces of the Armed Forces of the Republic of Kazakhstan shall perform control over compliance with the procedure for crossing the State Border of the Republic of Kazakhstan when guarding the State Border of the Republic of Kazakhstan in airspace.

      3. Passengers carried by the sea vessels and aircraft engaged in subsoil use operations on the continental shelf of the Republic of Kazakhstan shall undergo control according to the list of passengers provided by the individual entrepreneur or legal entity, on which the Border Guard official shall make a passed control note.

      4. Freight and goods carried by the sea vessels and aircraft engaged in subsoil use operations on the continental shelf of the Republic of Kazakhstan shall be brought to the territory of the Republic of Kazakhstan in compliance with the requirements of the customs legislation of the Customs Union and the Republic of Kazakhstan.

      Movement to the continental shelf zones of the freights and goods imported to the territory of the Republic of Kazakhstan with observance of requirements of the customs legislation of the Customs Union and the Republic of Kazakhstan, from the territory of the Republic of Kazakhstan shall be performed without customs control.

Chapter 2. Procedure of performing control of sea vessels engaged in subsoil use operations in the contract territory located on the continental shelf of the Republic of Kazakhstan

      5. Before the sea vessel exit from the seaport (stationing site) to the water space over the continental shelf, but no later than four hours in advance, an individual entrepreneur or legal entity planning the exit of the vessel into the water space over the continental shelf of the Republic of Kazakhstan, or the captain of the ship (shift assistant captain) shall notify verbally by any means of communication the military unit of the Border Service, on whose responsibility area the seaport (stationing site) is situated, about the vessel exit readiness and specify the route of the sea vessel in the event of changes of the route, stated when applying for a permit.

      6. Upon arrival on board the sea vessel, the Border Service officials shall organize surveillance and inspection of the vessel. The captain of the sea vessel (shift assistant to the captain) shall present to the Border Service officers the permit, the ship crew, certified by the commander of the military unit of the Border Service, the list of passengers and the identification documents of the crew members of the sea vessel and the passengers.

      On completion of the check of the documents for accuracy of the information contained in them and their correct execution, the Border Service officers shall return them to the captain of the sea vessel (shift assistant captain).

      7. The Border Service officers shall also check for the following documents:

      1) certificate of the right to sail under the State flag of the Republic of Kazakhstan (flag certificate);

      2) the ship's logbook;

      3) certificate of safety of the ship in the part of equipment and supplies.

      8. The Border Service officers shall conduct a verbal questioning of the captain (shift assistant of the captain) and crew members of the sea vessel, also examination of the sea vessel together with the captain (shift assistant of the captain).

      9. Upon the control completion, the Border Service officers shall make notes in the permit. By the communication means the Border Service officer shall report on the performed actions results to the military unit of the Border Service.

      10. Exit of the sea vessels into the water space over the continental shelf shall be carried out from sea ports (stationing sites), sea terminals or quay facilities of the Republic of Kazakhstan after completion of control on the vessel by officers of the military unit of the Border Service.

      Exit of the sea vessels into the water space over the continental shelf shall be carried out by persons from among the crew members of the vessel, certified by the commander of the military unit of the Border Service.

      11. When in the water space over the continental shelf, in accordance with the permit, the following requirements shall be met:

      1) the sea vessel captain (shift assistant to the captain) shall maintain constant radio communication with the military unit of the Border Service, inform about each fact of crossing the State Border of the Republic of Kazakhstan, indicating the geographical coordinates of the vessel and make an entry on it in the ship's logbook;

      2) in event of a fault of the technical means of control providing constant automatic transmission of information about the sea vessel location, the captain of the sea vessel (shift assistant captain) shall report the malfunction causes to the military unit of the Border Guard Service.

      If it is not possible within four hours to eliminate the malfunction causes of the technical means of control providing the constant automatic transmission of information about the vessel location, the ship captain (shift assistant captain) shall report it to the military unit of the Border service and return to the seaport (stationing site) to remove the fault;

      3) at the Border Service officers’ request the captain of the sea vessel (shift assistant to the captain) shall provide information regarding the vessel location and other necessary information related to the repeated crossing of the State border of the Republic of Kazakhstan by the vessel.

      12. Before arrival of the sea vessel at the seaport (stationing site), sea terminal or the quay structure of the Republic of Kazakhstan no later than four hours in advance, an individual entrepreneur or legal entity who is in charge of the sea vessel, or the captain of the sea vessel (shift assistant captain) shall notify verbally by any means of communication the military unit of the Border Service about it. The Border Service officials shall arrive at the seaport (stationing site), sea terminal or quay structure of the Republic of Kazakhstan, organize surveillance of the vessel, verify the documents specified in paragraphs 6 and 7 of these Rules, inspect the vessel, watch the vessel crew disembarkation, conduct verbal questioning of the captain (shift assistant captain) and crew members of the vessel.

      13. Disembarkation of the crew members, people, unloading (loading) of any cargo and goods from the sea vessel shall be carried out after completion of the Border Service control. At the end of the control, the Border Service officer shall make notes in the permit on arrival of the vessel at the seaport (stationing site).

Chapter 3. Procedure of performing control of Kazakhstan aircraft engaged in subsoil use operations in the contract territory located on the continental shelf of the Republic of Kazakhstan

      14. Upon arrival on board the aircraft, the Border Service officers shall arrange the aircraft surveillance and inspection. The aircraft commander (member of the flight crew) shall present to the Border Service officers the permit, the copy of the flight plan approved by the authorized body in the field of state aviation (Flightplan), the aircraft crew, certified by the commander of the military unit of the Border Service, the list of passengers and identification documents of the aircraft crew and passengers.

      After checking the documents for accuracy of the information contained in them and correctness of their execution, the Border Service officers shall return them to the aircraft commander (member of the flight crew).

      15. The Border Service officers shall conduct a verbal questioning of the aircraft commander and crew, also inspection of the aircraft together with the commander (member of the flight crew).

      16. Upon control completion, the Border Service officer shall make a record on the flight plan and a note in the permit. By means of communication, the Border Service officer shall report on the performed actions results to the military unit of the Border Service.

      17. The aircraft departure into the airspace over the continental shelf shall be carried out from aerodromes, heliports and landing sites of the Republic of Kazakhstan, including those not open for international flights, after the performed control on board by officers of the Border Service unit.

      The aircraft departure into the airspace over the continental shelf shall be carried out by persons from among the aircraft crew members, certified by the commander of the military unit of the Border Service.

      18. Aircraft flights carrying people, freights and goods from the territory of the Republic of Kazakhstan to artificial islands, installations and structures, floating drilling rigs, including floating hotels located in the water space over the continental shelf, or from artificial islands, installations and structures, floating drilling rigs, including floating hotels located in the water space over the continental shelf to the territory of the Republic of Kazakhstan, shall be made in agreement with the authorized bodies in the fields of civil and state aviation in accordance with the legislation of the Republic of Kazakhstan in the field of airspace use.

      19. The Border Service officers shall arrive at the stationing site, organize surveillance of the aircraft, verify the documents referred to in paragraph 15 of these Rules, inspect the aircraft, watch disembarkation of the aircraft crew, conduct a verbal questioning of the aircraft commander and crew members.

      20. Disembarkation of the aircraft crew members, people, unloading (loading) of any freights and goods shall be carried out after completion of control by the Border Service officers. At the end of control, the Border Service officer shall make notes in the permit on the aircraft arrival at the stationing site, also a record of it in the flight plan (flight card).


      Unofficial translation

      In accordance with subparagraph 12-1) of Article 55 of the Law of the Republic of Kazakhstan dated January 16, 2013 "On State Border of the Republic of Kazakhstan", the Government of the Republic of Kazakhstan hereby ORDERS:

      1. To approve the attached Rules of control of Kazakhstan and foreign sea vessels and Kazakhstan aircraft engaged in subsoil use operations on the contract territory located on the continental shelf of the Republic of Kazakhstan.

      2. This order shall be enforced upon expiry of twenty-one calendar days after the day of its first official publication.

      Prime Minister
      of the Republic of Kazakhstan B. Sagintayev 

  Approved
  by order No. 759 of the Government
  of the Republic of Kazakhstan
  dated December 2, 2016

Rules of control of Kazakhstan and foreign sea vessels and Kazakhstan aircraft engaged in subsoil use operations on the contract territory located on the continental shelf of the Republic of Kazakhstan.

Chapter 1. General Provisions

      1. These Rules of control of Kazakhstan and foreign sea vessels and Kazakhstan aircraft engaged in subsoil use operations on the contract territory located on the continental shelf of the Republic of Kazakhstan (hereinafter - the Rules) were developed in accordance with subparagraph 12-1) of Article 55 of the Law Of the Republic of Kazakhstan "On State Border of the Republic of Kazakhstan" (hereinafter - the Law) and define the control procedure for Kazakhstan and foreign sea vessels (hereinafter - sea vessels) and Kazakhstan aircraft (hereinafter -aircraft) engaged in subsoil use operations on the contract territory located on the continental shelf of the Republic of Kazakhstan, exclusively in the part of compliance by the specified vessels with the conditions of permits for repeated crossing of the State border of the Republic of Kazakhstan (hereinafter - permit) issued by the Border Service of the National Security Committee of the Republic of Kazakhstan (hereinafter - the Border Service) in accordance with the procedure for issuing permits for repeated crossing of the State border of the Republic of Kazakhstan by sea vessels and aircraft engaged in subsoil use operations on the contract territory located on the continental shelf, approved by the Government of the Republic of Kazakhstan.

      2. Control of the sea vessels that obtained permit shall be performed by the Border Service.

      Control of the aircraft that obtained permit shall be performed by the Border Service together with the Armed Forces of the Republic of Kazakhstan.

      In accordance with subparagraph 1) of paragraph 1 of Article 70 of the Law, the Air Defense Forces of the Armed Forces of the Republic of Kazakhstan shall perform control over compliance with the procedure for crossing the State Border of the Republic of Kazakhstan when guarding the State Border of the Republic of Kazakhstan in airspace.

      3. Passengers carried by the sea vessels and aircraft engaged in subsoil use operations on the continental shelf of the Republic of Kazakhstan shall undergo control according to the list of passengers provided by the individual entrepreneur or legal entity, on which the Border Guard official shall make a passed control note.

      4. Freight and goods carried by the sea vessels and aircraft engaged in subsoil use operations on the continental shelf of the Republic of Kazakhstan shall be brought to the territory of the Republic of Kazakhstan in compliance with the requirements of the customs legislation of the Customs Union and the Republic of Kazakhstan.

      Movement to the continental shelf zones of the freights and goods imported to the territory of the Republic of Kazakhstan with observance of requirements of the customs legislation of the Customs Union and the Republic of Kazakhstan, from the territory of the Republic of Kazakhstan shall be performed without customs control.

Chapter 2. Procedure of performing control of sea vessels engaged in subsoil use operations in the contract territory located on the continental shelf of the Republic of Kazakhstan

      5. Before the sea vessel exit from the seaport (stationing site) to the water space over the continental shelf, but no later than four hours in advance, an individual entrepreneur or legal entity planning the exit of the vessel into the water space over the continental shelf of the Republic of Kazakhstan, or the captain of the ship (shift assistant captain) shall notify verbally by any means of communication the military unit of the Border Service, on whose responsibility area the seaport (stationing site) is situated, about the vessel exit readiness and specify the route of the sea vessel in the event of changes of the route, stated when applying for a permit.

      6. Upon arrival on board the sea vessel, the Border Service officials shall organize surveillance and inspection of the vessel. The captain of the sea vessel (shift assistant to the captain) shall present to the Border Service officers the permit, the ship crew, certified by the commander of the military unit of the Border Service, the list of passengers and the identification documents of the crew members of the sea vessel and the passengers.

      On completion of the check of the documents for accuracy of the information contained in them and their correct execution, the Border Service officers shall return them to the captain of the sea vessel (shift assistant captain).

      7. The Border Service officers shall also check for the following documents:

      1) certificate of the right to sail under the State flag of the Republic of Kazakhstan (flag certificate);

      2) the ship's logbook;

      3) certificate of safety of the ship in the part of equipment and supplies.

      8. The Border Service officers shall conduct a verbal questioning of the captain (shift assistant of the captain) and crew members of the sea vessel, also examination of the sea vessel together with the captain (shift assistant of the captain).

      9. Upon the control completion, the Border Service officers shall make notes in the permit. By the communication means the Border Service officer shall report on the performed actions results to the military unit of the Border Service.

      10. Exit of the sea vessels into the water space over the continental shelf shall be carried out from sea ports (stationing sites), sea terminals or quay facilities of the Republic of Kazakhstan after completion of control on the vessel by officers of the military unit of the Border Service.

      Exit of the sea vessels into the water space over the continental shelf shall be carried out by persons from among the crew members of the vessel, certified by the commander of the military unit of the Border Service.

      11. When in the water space over the continental shelf, in accordance with the permit, the following requirements shall be met:

      1) the sea vessel captain (shift assistant to the captain) shall maintain constant radio communication with the military unit of the Border Service, inform about each fact of crossing the State Border of the Republic of Kazakhstan, indicating the geographical coordinates of the vessel and make an entry on it in the ship's logbook;

      2) in event of a fault of the technical means of control providing constant automatic transmission of information about the sea vessel location, the captain of the sea vessel (shift assistant captain) shall report the malfunction causes to the military unit of the Border Guard Service.

      If it is not possible within four hours to eliminate the malfunction causes of the technical means of control providing the constant automatic transmission of information about the vessel location, the ship captain (shift assistant captain) shall report it to the military unit of the Border service and return to the seaport (stationing site) to remove the fault;

      3) at the Border Service officers’ request the captain of the sea vessel (shift assistant to the captain) shall provide information regarding the vessel location and other necessary information related to the repeated crossing of the State border of the Republic of Kazakhstan by the vessel.

      12. Before arrival of the sea vessel at the seaport (stationing site), sea terminal or the quay structure of the Republic of Kazakhstan no later than four hours in advance, an individual entrepreneur or legal entity who is in charge of the sea vessel, or the captain of the sea vessel (shift assistant captain) shall notify verbally by any means of communication the military unit of the Border Service about it. The Border Service officials shall arrive at the seaport (stationing site), sea terminal or quay structure of the Republic of Kazakhstan, organize surveillance of the vessel, verify the documents specified in paragraphs 6 and 7 of these Rules, inspect the vessel, watch the vessel crew disembarkation, conduct verbal questioning of the captain (shift assistant captain) and crew members of the vessel.

      13. Disembarkation of the crew members, people, unloading (loading) of any cargo and goods from the sea vessel shall be carried out after completion of the Border Service control. At the end of the control, the Border Service officer shall make notes in the permit on arrival of the vessel at the seaport (stationing site).

Chapter 3. Procedure of performing control of Kazakhstan aircraft engaged in subsoil use operations in the contract territory located on the continental shelf of the Republic of Kazakhstan

      14. Upon arrival on board the aircraft, the Border Service officers shall arrange the aircraft surveillance and inspection. The aircraft commander (member of the flight crew) shall present to the Border Service officers the permit, the copy of the flight plan approved by the authorized body in the field of state aviation (Flightplan), the aircraft crew, certified by the commander of the military unit of the Border Service, the list of passengers and identification documents of the aircraft crew and passengers.

      After checking the documents for accuracy of the information contained in them and correctness of their execution, the Border Service officers shall return them to the aircraft commander (member of the flight crew).

      15. The Border Service officers shall conduct a verbal questioning of the aircraft commander and crew, also inspection of the aircraft together with the commander (member of the flight crew).

      16. Upon control completion, the Border Service officer shall make a record on the flight plan and a note in the permit. By means of communication, the Border Service officer shall report on the performed actions results to the military unit of the Border Service.

      17. The aircraft departure into the airspace over the continental shelf shall be carried out from aerodromes, heliports and landing sites of the Republic of Kazakhstan, including those not open for international flights, after the performed control on board by officers of the Border Service unit.

      The aircraft departure into the airspace over the continental shelf shall be carried out by persons from among the aircraft crew members, certified by the commander of the military unit of the Border Service.

      18. Aircraft flights carrying people, freights and goods from the territory of the Republic of Kazakhstan to artificial islands, installations and structures, floating drilling rigs, including floating hotels located in the water space over the continental shelf, or from artificial islands, installations and structures, floating drilling rigs, including floating hotels located in the water space over the continental shelf to the territory of the Republic of Kazakhstan, shall be made in agreement with the authorized bodies in the fields of civil and state aviation in accordance with the legislation of the Republic of Kazakhstan in the field of airspace use.

      19. The Border Service officers shall arrive at the stationing site, organize surveillance of the aircraft, verify the documents referred to in paragraph 15 of these Rules, inspect the aircraft, watch disembarkation of the aircraft crew, conduct a verbal questioning of the aircraft commander and crew members.

      20. Disembarkation of the aircraft crew members, people, unloading (loading) of any freights and goods shall be carried out after completion of control by the Border Service officers. At the end of control, the Border Service officer shall make notes in the permit on the aircraft arrival at the stationing site, also a record of it in the flight plan (flight card).