Unofficial translation
In accordance with sub-clause 55-42) of clause 3 of article 4 of the Law of the Republic of Kazakhstan dated January 17, 2002 "On Merchant Shipping" I HEREBY ORDER:
1. To approve the attached Rules for the application of prices (tariffs) for mandatory seaport services.
2. The Transport Committee of the Ministry of Industry and Infrastructural Development of the Republic of Kazakhstan in accordance with the procedure, established by the legislation, shall ensure:
1) state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days from the date of state registration of this order, direction in the Kazakh and Russian languages to the Republican State Enterprise on the Right of Economic Management "Institute of Legislation and Legal Information" for official publication and inclusion to the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan;
3) placement of this order on the Internet resource of the Ministry of Industry and Infrastructural Development of the Republic of Kazakhstan.
3. Control over execution of this order shall be entrusted to the supervising vice-minister of Industry and Infrastructural Development of the Republic of Kazakhstan.
4. This order shall come into force upon expiry of ten calendar days after the date of its first official publication.
| Minister | R. Sklyar |
"AGREED"
Ministry of National Economy
of the Republic of Kazakhstan
| Approved by the order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan dated August 1, 2019 № 602 |
Rules for the application of prices (tariffs) for mandatory seaport services Chapter 1. General provision
1. These Rules for the application of prices (tariffs) for mandatory seaport services have been developed in accordance with sub-clause 55-42) of clause 3 of article 4 of the Law of the Republic of Kazakhstan dated January 17, 2002 "On Merchant Shipping" and shall determine the procedure for the application of prices (tariffs) for mandatory seaport services.
2. List of mandatory seaport services, was approved by the order of the Minister of Investment and Development of the Republic of Kazakhstan dated January 30, 2015 № 77 "On approval of the List of mandatory seaport services" (registered with the Register of state registration of regulatory legal acts as №10906) (hereinafter referred to as the List of mandatory services).
3. Tariffs for compulsory seaport services for tankers shall be regulated by the authorized body, carrying out management in the sphere of natural monopolies.
Footnote. Clause 3 is in the wording of the order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan dated 01.11.2019 № 819 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).4. In these Rules, the following definitions shall be used:
authorized body – a central executive body carrying out management in the sphere of merchant shipping, as well as to the extent stipulated by the legislation of the Republic of Kazakhstan, - intersectoral;
risk ratio – additional percentage of the tariffs for seaport services due to the likelihood of an accident and an allowance for additional efforts when servicing an old ship.
Chapter 2. Procedure application of prices (tariffs) for mandatory seaport services
5. The list of mandatory services includes:
vessel services;
navigation services;
canal transit services;
berthing services;
anchorage services;
mooring services;
environmental protection services;
quarantine services.
1) the charge (tariff) for vessel services shall apply each time a vessel enters and departs from the port and shall be established per unit of the vessel's gross tonnage;
2) navigation services provided through the vessel traffic management system shall be rendered on a fee-paying basis at prices (tariffs) approved by the authorized body in accordance with paragraph 1 of Article 156 of the Law of the Republic of Kazakhstan “On State Property”.
The procedure for the provision of navigation services using the vessel traffic management system shall be governed by the Rules for navigation and berthing of vessels in the seaports of the Republic of Kazakhstan and on the approaches thereto, approved by Order No. 162 of the acting Minister for Investment and Development of the Republic of Kazakhstan dated 24 February 2015 (registered in the Register of state registration of regulatory legal acts under No. 12193).
The charge (tariff) for navigation services provided through the vessel traffic management system shall be established per unit of the vessel's gross tonnage as indicated in the vessel's tonnage certificate and shall apply upon each entry of the vessel into the area covered by the vessel traffic management system and separately upon each departure of the vessel from such area.
The charge (tariff) for navigation services provided through the vessel traffic management system for vessels that do not possess a tonnage certificate shall be calculated on the basis of the vessel's notional volume, expressed in cubic metres, determined by multiplying the vessel's three dimensions—the maximum length, maximum breadth and maximum moulded depth—specified in the vessel's documents and applying a coefficient of 0.35.
For the purpose of calculating navigation service charges using the vessel traffic management system, the gross tonnage of barge-tug combinations, convoys and other composite floating structures (including rafts) shall be determined as the sum of the gross tonnages of all constituent elements of such composite floating structures. Where a floating structure does not have a gross tonnage, the calculation shall be based on the notional volume of the floating structure, expressed in cubic metres, determined by multiplying its three dimensions—the maximum length, maximum breadth and maximum depth—specified in the vessel's documents or other documents relating to the floating structure and applying a coefficient of 0.35.
The port's charges (tariffs) for navigation services provided through navigational aids shall apply upon each entry of a vessel into the port and each departure of a vessel from the port and shall be established per unit of the vessel's gross tonnage.
The navigation service charge (tariff) shall not apply to warships and vessels of the Naval Forces of the Armed Forces of the Republic of Kazakhstan and the Border Service of the National Security Committee of the Republic of Kazakhstan, as well as to vessels engaged by state authorities for the prevention and/or elimination of natural and man-made emergencies or for participation in activities aimed at enhancing preparedness for such emergencies (exercises and drills).
3) the canal transit charge (tariff) shall apply to each one-way transit through the canal and shall be established per unit of the vessel's gross tonnage;
4) the charge (tariff) for the use of a berth for cargo operations shall apply for the period during which a vessel occupies the berth for cargo operations and shall be established per unit of the vessel's gross tonnage and levied on vessels berthed at the berth (excluding offshore berths);
The charge (tariff) for the use of a berth for auxiliary (non-cargo) operations shall apply for the period during which a vessel occupies the berth and shall be established per unit of the vessel's gross tonnage for the duration of berthing and levied on vessels berthed at the berth (excluding offshore berths).
5) the anchorage service charge (tariff) shall apply to vessels at anchor in the roadstead and/or at a berth and shall be established per unit of the vessel's gross tonnage.
6) the mooring services charge (tariff) shall apply to the work performed by mooring personnel in handling mooring lines, unmooring vessels and shifting vessels;
The mooring services charge (tariff) shall be established per operation.
7) the charge (tariff) for environmental protection services shall be established for each day of a vessel's stay in port;
8) the charge (tariff) for quarantine services shall be established per port call.
Footnote. Paragraph 5 is in the wording of the Order No. 218 of the Minister of Transport of the Republic of Kazakhstan dated 16.07.2025 (shall enter into force upon expiry of ten calendar days after the date of its first official publication).6. When ships assigned to a given seaport enter the port to carry out non-cargo operations (replenishment of supplies, bunkering, waste disposal or other forced necessity) due to being at sea beyond the ship’s autonomous operation period, the seaport owner (marine terminal operator) shall provide discounts for mandatory seaport services on the terms and in the manner specified by him, with the exception of state-regulated services.
When entering the port, the vessels assigned to the given seaport, engaged in fishing and breeding and (or) maintenance, cultivation of aquaculture objects in the sea and territorial waters of the Republic of Kazakhstan, the seaport owner (the sea terminal operator) shall provide discounts on mandatory services of the seaport on the terms and in the manner determined by it, except for services regulated by the state.
Footnote. Paragraph 6 is in the wording of the order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 02.06.2023 № 406 (shall be enforced upon expiry of sixty calendar days after the day of its first official publication); as amended by the order of the Minister of Transport of the Republic of Kazakhstan dated 24.09.2024 № 312 (effective ten calendar days after the date of its first official publication).7. The owner of the seaport and the navigation center may apply risk factors to the tariffs for mandatory services of the seaport in relation to ships (sub-standard or over twenty years old), including foreign ones, entering the water area of this seaport.
The risk coefficient values shall be determined by the seaport owner; in respect of Navigation centre services, such coefficient values shall be determined by the department of the authorized body implementing state policy in the field of merchant maritime transport.
At the same time, the size of the increasing coefficient should not exceed:
for ships over 20 years old and up to 25 years old - 30% of the payment for mandatory services of the seaport;
for ships over 25 years old - 50% of the payment for mandatory services of the seaport.
Footnote. Clause 7 is in the wording of the order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan dated 01.11.2019 № 819 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); as amended by the order of the Minister of Transport of the Republic of Kazakhstan dated 16.07.2025 No. 218 (shall enter into force upon expiry of ten calendar days after the date of its first official publication).