The government issued a resolution on March 14, 2024, updating the rules for foreigners and stateless individuals to access state secrets in Kazakhstan. The new rules now include regulations for stateless individuals in addition to foreigners, reflecting this change in the document's title.
To be granted access to state secrets in Kazakhstan, a foreign state's authorized body, as defined in an international agreement, must submit a request to the head of the state body where the access will be granted. The request must be accompanied by a certificate confirming the foreigner's authorization and their right to access classified information of their corresponding state's secrecy level.
The head of the state body or organization where the access will occur must coordinate with Kazakhstan's national security authorities within 20 working days to assess the feasibility and appropriateness of granting specific foreigners and stateless individuals access to state secrets.
If the access is not approved, the head of the state body notifies the authorized body of the foreign state and presents other candidates for access to Kazakhstan's state secrets. A similar notification of denial is sent to the stateless individual. If the candidacy is approved, a decree is issued for the access, outlining the obligations and specific information the foreigner or stateless person can access, along with the maximum level of secrecy.
Based on the access decree, a designated employee instructs the foreigner and stateless individual on maintaining secrecy. After the briefing, they provide a written commitment not to disclose Kazakhstan's state secrets they will access.
Information on the actual access of foreigners and stateless individuals must be reported to Kazakhstan's national security authorities within 20 working days of the access. The resolution will be effective from March 29, 2024. This development follows Kazakhstan's approval of rules for sharing state secrets with foreign states and international organizations.
