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LAW No. 513 OF 31st DECEMBER 2003 OF THE REPUBLIC OF KAZAKHSTAN. CONCERNING THE MANDATORY INSURANCE OF CIVIL LIABILILTY OF TOUR OPERATORS AND TRAVEL AGENTS
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LAW No. 513 OF 31st DECEMBER 2003 OF THE REPUBLIC OF KAZAKHSTAN.  

CONCERNING THE MANDATORY INSURANCE OF CIVIL LIABILILTY OF TOUR OPERATORS AND TRAVEL AGENTS
AMENDMENTS AND ADDITIONS INTRODUCED BY:
1)  Law No. 116 of 10th January 2006 of the Republic of Kazakhstan   Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Division of Authority Between the Level of the State Administration.  (Article 5).  Effective January 1, 2006; 
2)  Law No. 125 of 31st January 2006 of the Republic of Kazakhstan   Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues Entrepreneurship.  (Article 5).  Effective date n/a; 
3)  Law No. 244 of 7th May 2007 of the Republic of Kazakhstan  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning the Obligatory Types of Insurance.  (Article 7-1 introduced).  Effective date n/a; 
4)  Law No. 59 of 5th July 2008 of the Republic of Kazakhstan
  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Tourism Industry.  (Articles: 1 replaced, 5).  Effective date n/a; 
5)  Law No. 185 of 11th July 2009 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Improvement of the Legislation of the Republic of Kazakhstan Concerning Payments and Remittances of Money, Accounting and Financial Reporting of Financial Organisations, Banking Activity and Activity of the National Bank of the Republic of Kazakhstan. (Articles: 5, 7-1). Effective date n/a; 
6)  Law No. 234 of 30th December 2009 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Obligatory and Mutual Insurance, Taxation. (Article: 7-1 replaced). Effective date n/a; 
7)  Law No. 461 of 15th July 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Improvement of the Permissive System. (Articles: 1, 5 replaced). Effective date n/a; 
8)  Law No. 30 of 5th July 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Organisation of Activity of the National Bank of the Republic of Kazakhstan, Regulation of the Financial Market and Financial Organisations. (Articles: 5, 7-1). Effective date n/a; 
9) Law No. 227 of 3rd July 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Improvement of Criminal Legislation. (Articles: 19, 20). Effective January 1, 2015; 
10) Law No. 269 of 29th December 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Cardinal Improvement of Conditions for Business Activity in the Republic of Kazakhstan. (Articles: 9, 12, 20). Effective January 1, 2015; 
11) Law No. 311 of 27th April 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Insurance and Islamic Financing. (Article 7-1). Effective date n/a; 
  12) Law No. 376 of 29th October 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Entrepreneurship. (Article 5). Effective January 1, 2016; 
13) Law No. 422 of 24th November 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Non-Performing Loans, and Assets of Second-Tier Banks, Provision of Financial Services and Activity of Financial Organisations and of the National Bank of the Republic of Kazakhstan. (Articles: 1, 2, 3, 4 replaced, 5, 7-1, 8, 9,10, 11, 12, 13, 14, 15, 16,  17, 18,  20, 21, 22). Effective January 1, 2016; and
14) Law No. 479 of 29th March 2016 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Reduction of Permissive Documents and Simplification of Permissive Procedures. (Article 17). Effective date n/a.
This Law shall regulate public relations arising in connection with mandatory insurance of the civil liability of tour operator or travel agent, and it shall establish the legal, economic, and organizational grounds of its implementation.
CHAPTER 1.  GENERAL PROVISIONS

Article 1.  The Fundamental Definitions Used in this Law
Introduced by 4)  Law No. 59 of 5th July 2008 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Tourism Business.
Amended by 7)  Law No. 461 of 15th July 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Improvement of the Permissive System; and
13) Law No. 422 of 24th November 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Non-Performing Loans, and Assets of Second-Tier Banks, Provision of Financial Services and Activity of Financial Organisations and of the National Bank of the Republic of Kazakhstan.
The following fundamental definitions have been used in this Law:

1)  beneficiary shall mean a person who in accordance with this Law is the recipient of insurance compensation;

2)  travel agent shall mean a physical person or legal entity which performs entrepreneurial activity on the promotion and realization of a touristic product formed by the tour operator;
3) tour operator shall mean a physical person and (or) legal entity carrying out entrepreneurial activities, which obtained in accordance with the procedure established by the legislation of the Republic of Kazakhstan a license for the right to be engaged in activities associated with the formation of a touristic product, its promotion and sale to travel agents and tourists, as well as with the promotion and sale of the touristic product formed by a non-resident of the Republic of Kazakhstan; 

4)  civil liability of a tour operator or a travel agent shall mean the obligation, as established by civil legislation of the Republic of Kazakhstan, of the tour operator or travel agent to compensate for harm inflicted on tourists when rendering touristic services;
5)  insured event shall mean an event in which occurrence a contract of obligatory insurance of civil liability of a tour operator or a travel agent provides for carrying out of insurance compensation to the insurant (beneficiary);
6)  insured amount shall mean an amount of money for which the object of insurance is insured and which represents a limiting scope of liability of the insurer in the occurrence of insured event;

7)  insurance premium shall mean an amount of money which the insurant shall be obliged to pay to the insurer for undertaking by the latter of the obligation to make insurance compensation to the insurant (beneficiary) in the amount as determined by a contract of obligatory insurance of civil liability;

8)  insurance compensation shall mean an amount of money to be paid by the insurer to the insurant (beneficiary) within the amount of insurance amount in the occurrence of insured event;

9)  insurer shall mean an insurance organization which received a license for the right to perform the insurance activity and is obliged in the occurrence of insured event to make insurance compensation to the insurant or other person in which favor the contract was executed (beneficiary), within the limits of the amount (insured amount) determined by the contract); 

10)  insurant shall mean a tour operator or travel agent which executed with the insurer a contract of obligatory insurance of civil liability of the tour operator or travel agent;

11)  franchise shall mean exemption of the insurer from compensation of damage not exceeding a certain amount.

Article 2.  Legislation of the Republic of Kazakhstan on Mandatory Insurance of Civil Liability of Tour operator and Travel agent
Amended by 13) Law No. 422 of 24th November 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Non-Performing Loans, and Assets of Second-Tier Banks, Provision of Financial Services and Activity of Financial Organisations and of the National Bank of the Republic of Kazakhstan.
1.  Legislation of the Republic of Kazakhstan on mandatory insurance of the civil liability of the tour operator or the travel agent shall be based on the Constitution of the Republic of Kazakhstan and shall consist of the Civil Code of the Republic of Kazakhstan, this Law, and other regulatory legal acts of the Republic of Kazakhstan.
2.  Should an international treaty ratified by the Republic of Kazakhstan establish the rules other than those provided for by this Law, the rules of the international treaty shall apply.

Article 3.  Objective and Basic Tasks of Mandatory Insurance of Civil Liability of a Tour Operator and Travel Agent
Amended by 13) Law No. 422 of 24th November 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Non-Performing Loans, and Assets of Second-Tier Banks, Provision of Financial Services and Activity of Financial Organisations and of the National Bank of the Republic of Kazakhstan.
1.  The objective of mandatory civil liability insurance of a tour operator or travel agent shall be providing for the protection of property and/or other interests of the tourists in the performance of tour operator’s or travel agent’s activities for the provision of travel services by making insurance payments.
2.  The basic tasks of mandatory insurance of civil liability of a tour operator or travel agent shall be as follows:
1)  ensuring of protection of property and/or other interests of the tourist in the scope and the procedure established by this Law;

2)  performance by the tour operator and travel agent of their activities in the availability of an agreement on mandatory insurance of civil liability of the tour operator and travel agent;

3)  economic interest of the tour operator or travel agent in the increase in safety of the provision of travel services.
Article 4.  The Object of Obligatory Insurance of the Civil Legal Liability of a Tour Operator or Travel Agent
Introduced by 13) Law No. 422 of 24th November 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Non-Performing Loans, and Assets of Second-Tier Banks, Provision of Financial Services and Activity of Financial Organisations and of the National Bank of the Republic of Kazakhstan.
1.  The object of mandatory insurance of the civil legal liability of a tour operator (henceforth – mandatory insurance of liability of a tour operator) shall be tour operator’s property interest related to its liability established by the civil legislation of the Republic of Kazakhstan to compensate for damage caused to property and (or) other interests of the tourist in the performance of activities related to the formation of a tourism product.
2.  The object of mandatory insurance of the civil legal liability of a tour agent (henceforth – obligatory insurance of liability of a tourism agent) shall be tour agent’s property interest related to its liability established by the civil legislation of the Republic of Kazakhstan to compensate for damage caused to property and (or) other interests of the tourist when carrying out activity for promotion and sale of a tourism product formed by a tour operator.
CHAPTER 2.  ENSURING THE FUNCTIONING OF THE SYSTEM OF MANDATORY INSURANCE OF LIABILITY OF TOUR OPERATORS OR TRAVEL AGENTS
Article 5.  State Control and Supervision in the Sphere of Obligatory Liability Insurance of Tour Operators or Travel Agents
Introduced by 7)  Law No. 461 of 15th July 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Improvement of the Permissive System.
Amended by 8)  Law No. 30 of 5th July 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Organisation of Activity of the National Bank of the Republic of Kazakhstan, Regulation of the Financial Market and Financial Organisations; 
12) Law No. 376 of 29th October 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Entrepreneurship; and
13) Law No. 422 of 24th November 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Non-Performing Loans, and Assets of Second-Tier Banks, Provision of Financial Services and Activity of Financial Organisations and of the National Bank of the Republic of Kazakhstan.
1.  State control of tour operators’ and travel agents’ obligation to conclude a contract on obligatory civil law liability insurance of tour operators and travel agents as established by this Law shall be carried out by the authorised body in the sphere of tourist activities.

2.  State supervision of the activities of insurance organisations shall be carried out by the National Bank of the Republic of Kazakhstan (henceforth – the authorised body) in accordance with the legislation of the Republic of Kazakhstan.

3.  State control of tour operators’ and travel agents’ obligation to conclude a contract on obligatory civil law liability insurance of tour operators or travel agents shall be carried out in the form inspection and in other forms.
Audit shall be conducted in accordance with the Entrepreneurial Code of the Republic of Kazakhstan.  Other forms of state supervision shall be carried out in accordance with this Law.
Article 6.  Entities Whose Civil Liability Shall be Subject to Mandatory Insurance
Amended by 13) Law No. 422 of 24th November 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Non-Performing Loans, and Assets of Second-Tier Banks, Provision of Financial Services and Activity of Financial Organisations and of the National Bank of the Republic of Kazakhstan.
1.  Liability of a tour operator or travel agent which performs the activities related to the provision of tourist services shall be subject to mandatory insurance.
2.  The conclusion by a tour operator and travel agent of an agreement for voluntary insuring of their civil liability related to the performance of professional activities shall not release them from the obligation to conclude an agreement on mandatory insurance of liability of a tour operator or travel agent.
Article 7.  Inadmissibility of the Performance of Activities by a Tour operator and Travel agent Without Entering into an Agreement on Mandatory Insurance of Liability of a Tour operator or Travel agent
Amended by 13) Law No. 422 of 24th November 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Non-Performing Loans, and Assets of Second-Tier Banks, Provision of Financial Services and Activity of Financial Organisations and of the National Bank of the Republic of Kazakhstan.
A tour operator or travel agent may not perform activities related to the provision of tourist services without entering into an agreement on mandatory insurance of liability of a tour operator and travel agent.
Article 7-1.  Special Considerations in Carrying out Obligatory Insurance of the Liability of the Tour Operator or Travel Agent
Introduced by 6)  Law No. 234 of 30th December 2009 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Obligatory and Mutual Insurance, Taxation.
Amended by 8)  Law No. 30 of 5th July 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Organisation of Activity of the National Bank of the Republic of Kazakhstan, Regulation of the Financial Market and Financial Organisations;  
11) Law No. 311 of 27th April 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Insurance and Islamic Financing; and
13) Law No. 422 of 24th November 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Non-Performing Loans, and Assets of Second-Tier Banks, Provision of Financial Services and Activity of Financial Organisations and of the National Bank of the Republic of Kazakhstan.
1.  A legal entity registered as an insurance organisation, prior to the receipt of a licence for the right to carry out obligatory insurance of the civil-legal liability of the tour operator or travel agent, shall be obliged 	to conclude a participation agreement with the Fund for Guaranteeing Insurance Payments in accordance with the procedure defined by the Law of the Republic of Kazakhstan ” Concerning the Fund for Guaranteeing Insurance Payments”.
2.  The insurer carrying out obligatory insurance of the liability of the tour operator or travel agent shall be obliged to publish yearly its financial reports in the Kazakh and Russian languages not less than in two periodical printed editions which are distributed in the all territory of the Republic of Kazakhstan, in accordance with volumes and timing which are provided for by the regulatory legal act of the authorised body concerning the procedure for publication of annual financial reports.
3.  Insurers shall have the right to participate in establishment of an organisation carrying out formation and maintenance of the information database for insurance risks, insurance cases and insurance payments in respect to obligatory insurance of the liability of the tour operator or travel agent.
4.  Insurance organisations having a licence for the right to carry out obligatory insurance of the civil legal liability of the tour operator and travel agent, shall be obliged to pay obligatory contributions and to form conditional liabilities in accordance with the procedure provided for by the regulatory legal acts of the authorised body.

CHAPTER 3.  AGREEMENTS FOR MANDATORY INSURANCE OF LIABILITY OF TOUR OPERATORS OR TRAVEL AGENTS
Article 8.  An Agreement of Obligatory Insurance of Liability of a Tour Operator or Travel Agent and the Procedure for Making That
Amended by 13) Law No. 422 of 24th November 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Non-Performing Loans, and Assets of Second-Tier Banks, Provision of Financial Services and Activity of Financial Organisations and of the National Bank of the Republic of Kazakhstan.
1.  Mandatory insurance of liability of a tour operator or travel agent shall be carried out on the basis of an agreement entered into between the insurer and the insured in accordance with this Law.
2.  The insured shall be free in selecting the insurer.

3.  The insurer shall not have the right to deny the insured in concluding an agreement of mandatory insurance of liability of a tour operator or travel agent.
4.  Under an agreement on mandatory insurance of liability of a tour operator and travel agent, the insured shall be obliged to pay the insurance premium, and the insurer shall be obliged to make, should an insured event occur, an insurance payment  to the beneficiary on the basis of the concluded agreement subject to the requirements of this Law, with the exception of those tourist’s claims which are related to the reimbursement of moral damage and loss of profit as well as to the payment of penalty.