KAZAKHSTAN
Since April 2004, last amended in November 2025
Since March 2015, as amended in July 2019, last amended in November 2025
Since January 2015, last amended in March 2025
Since March 2015, as amended in July 2019, last amended in November 2025
Since January 2015, last amended in March 2025
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Commercial presence requirement for digital services providers
Law No. 544 on the Regulation of Trading Activities (Қазақстан Республикасының 2004 жылғы 12 сәуірдегі N 544 Заңы Сауда қызметін реттеу туралы)
Order No. 264 on the Approval of the Rules of Domestic Trade (№ 264 бұйрығы Ішкі сауда қағидаларын бекіту туралы)
Order No. 4 on the Approval of the Forms of Messages and the Principles of Receiving Messages by State Bodies, as well as on Determining the State Bodies That Carry Out the Reception of Messages ( бұйрығы № 4 Хабарламалар нысандарын және Мемлекеттік органдардың хабарламаларды қабылдау қағидаларын бекіту туралы, сондай-ақ хабарламаларды қабылдауды жүзеге асыратын мемлекеттік органдарды айқындау туралы)
Order No. 264 on the Approval of the Rules of Domestic Trade (№ 264 бұйрығы Ішкі сауда қағидаларын бекіту туралы)
Order No. 4 on the Approval of the Forms of Messages and the Principles of Receiving Messages by State Bodies, as well as on Determining the State Bodies That Carry Out the Reception of Messages ( бұйрығы № 4 Хабарламалар нысандарын және Мемлекеттік органдардың хабарламаларды қабылдау қағидаларын бекіту туралы, сондай-ақ хабарламаларды қабылдауды жүзеге асыратын мемлекеттік органдарды айқындау туралы)
In accordance with subparagraph 4-1 of Art. 7 of Law No. 544, the Minister of National Economy of Kazakhstan ordered the approval of the Rules of Domestic Trade (Order No. 264). Arts. 105-1 and 106-1 of the Rules mandate e-commerce sellers to indicate their BIN (business identification number), address of business operations on the territory of Kazakhstan and mobile telephone number registered in Kazakhstan in order to operate in the country. Additional information on this requirement is found in Annex 3-10 of Order No. 4.
Coverage E-commerce sellers
Sources
- https://web.archive.org/web/20230306172845/https://adilet.zan.kz/rus/docs/Z040000544_
- https://web.archive.org/web/20231209042313/https://adilet.zan.kz/rus/docs/V1500011148
- https://web.archive.org/web/20221202014757/https://adilet.zan.kz/rus/docs/V1500010194
- https://web.archive.org/web/20241211140854/https://sim.oecd.org/Simulator.ashx?lang=En&ds=DGSTRI&d1c=apf&d2c=kaz
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KAZAKHSTAN
Since July 1999, last amended in November 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Patent law of the Republic of Kazakhstan (Қазақстан Республикасының Патент Заңы)
According to Art. 38 of the Patent law of the Republic of Kazakhstan, foreign individuals, foreign legal entities and stateless persons residing in the Republic of Kazakhstan enjoy the same rights as Kazakhstani citizens. However, under Article 36.5 of the Patent Law of the Republic of Kazakhstan, natural persons residing outside the Republic of Kazakhstan or foreign legal entities shall exercise their rights as patent applicants and patentees, as well as the rights of interested persons in the authorised body and its organisations, through local patent attorneys. Pursuant to Art. 1 of the Law, patent agents are citizens of the Republic of Kazakhstan who, in accordance with the legislation of the Republic of Kazakhstan, have the right to represent natural and legal persons before the authorised body and expert agency.
Coverage Horizontal
KAZAKHSTAN
Since December 1991
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty
Kazakhstan is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
KAZAKHSTAN
Since June 1996, last amended in November 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law of the Republic of Kazakhstan No. 6-I of 10 June 1996, on Copyright and Related Rights (Қазақстан Республикасының 1996 жылғы 10 маусымдағы N 6-I Заңы Авторлық құқық және сабақтас құқықтар туралы)
Kazakhstan has a copyright regime under Law of the Republic of Kazakhstan No. 6-I of June 10, 1996, on Copyright and Related Rights. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 18-27 list the exceptions, which include the quotation, in the original language or in translation, for scientific or for research, polemic, critical or informational purposes and to the extent justified by the intended purpose; the reproduction, broadcasting or communication to the public by cable of architectural works, photographic works or works of fine art permanently located in public; among others.
Coverage Horizontal
KAZAKHSTAN
Reported in 2018, last reported in 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not adequately enforced on the Internet in Kazakhstan. It is reported that foreign companies complain about inadequate IPR protection and that there is a high level of pirated software used in the country. Judges, customs officials and police officers lack IPR expertise, exacerbating weak IPR enforcement. In addition, online piracy is reported to remain a concern, particularly through piracy devices and applications, illegal recording, and the use of unlicensed software.
Coverage Horizontal
Sources
- https://www.state.gov/reports/2025-investment-climate-statements/kazakhstan/
- https://web.archive.org/web/20231206061701/https://gss.bsa.org/wp-content/uploads/2018/06/2018_BSA_GSS_InBrief_US.pdf
- https://kaztag.kz/en/news/level-of-piracy-in-software-field-makes-74-in-kazakhstan
- https://web.archive.org/web/20231216205632/https://www.state.gov/reports/2023-investment-climate-statements/Kazakhstan/
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KAZAKHSTAN
Since February 1997, entry into force in November 2004
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Kazakhstan has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
KAZAKHSTAN
Since February 1997, entry into force in November 2004
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Kazakhstan has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
KAZAKHSTAN
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement Expansion Agreement (ITA II)
Kazakhstan is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 but is not a signatory of its 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/library/events/event_resources/ita_2011202510/1010_3170.pdf
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KAZAKHSTAN
Since December 1994
Since July 1999
Since July 2014
Since October 2015
Since July 1999
Since July 2014
Since October 2015
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Civil Code of the Republic of Kazakhstan (General Part) (Қазақстан Республикасының Азаматтық кодексі (Жалпы бөлім))
Civil Code of the Republic of Kazakhstan (Special Part) (Қазақстан Республикасының Азаматтық кодексі (Ерекше бөлім))
Penal Code of the Republic of Kazakhstan (Қазақстан Республикасының Қылмыстық кодексі)
Entrepreneur Code of the Republic of Kazakhstan (Қазақстан Республикасының Кәсіпкерлік кодексі)
Civil Code of the Republic of Kazakhstan (Special Part) (Қазақстан Республикасының Азаматтық кодексі (Ерекше бөлім))
Penal Code of the Republic of Kazakhstan (Қазақстан Республикасының Қылмыстық кодексі)
Entrepreneur Code of the Republic of Kazakhstan (Қазақстан Республикасының Кәсіпкерлік кодексі)
Under Art. 126 of the Civil Code (General Part), information is protected as a commercial secret where it has actual or potential commercial value because it is unknown and not lawfully accessible to third parties, provided that its holder takes measures to preserve its confidentiality. Persons who unlawfully obtain or disclose the information, including employees and contractual counterparties, must compensate the resulting damage. Arts. 1017 and 1018 of the Civil Code (Special Part) further protect undisclosed technical, organisational or commercial information, including know-how, against unlawful use and provide for compensation. Art. 28 of the Entrepreneur Code prohibits the unlawful acquisition, disclosure and use of commercial secrets, permits businesses to establish access controls and non-disclosure obligations, and protects trade secrets submitted to public authorities. Art. 223 of the Penal Code establishes criminal liability for the illegal acquisition, disclosure or use of commercial secrets.
Coverage Horizontal
KAZAKHSTAN
Since October 2020, until June 2026
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Antidumping, countervailing duties, and safeguard measures on ICT goods
Reported anti-dumping measure
It is reported that the Eurasian Economic Union, which includes Kazakhstan, imposed definitive anti-dumping duties on imports of aluminium strip (HS code subheadings 7606.11.91.00, 7606.12.20.09 and 7606.12.92.09) originating in Azerbaijan and China on 24 October 2020. The duty rate applicable to imports from Azerbaijan was set at 16.18%, while the corresponding rate for imports from China was established at 13.14%. On 17 October 2025, the Eurasian Economic Union published a notice extending the application of these definitive duties until 29 June 2026. These products are used to manufacture components of ICT goods, such as heat sinks, printed circuit boards (PCBs), charging cables, HDMI cables, and displays.
Coverage Product: aluminium strip (HS code subheadings 7606.11.91.00, 7606.12.20.09 and 7606.12.92.09)
Countries: Azerbaijan, China
Countries: Azerbaijan, China
KAZAKHSTAN
N/A
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
There is no obligation for passive infrastructure sharing in the country to deliver telecom services to end users. However, it is practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector
Sources
- https://datahub.itu.int/data/?i=100014&e=KAZ
- https://datahub.itu.int/data/?i=100012&e=KAZ
- https://datahub.itu.int/data/?i=100013&e=KAZ
- https://web.archive.org/web/20221006013537/https://www.unescap.org/sites/default/files/In%20depth%20national%20study%20on%20ICT%20infrastructure%20co-deployment%20with%20road%20transport%20and%20elect...
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KAZAKHSTAN
Since July 2024, entry into force in Janaury 2025
Since March 2024
Since October 2024
Since March 2024
Since October 2024
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Law No. 106-VIII LRK on Public Procurement (Қазақстан Республикасының Заңы 2024 жылғы 1 шілдедегі № 106-VIII ҚРЗ. Мемлекеттiк сатып алу туралы)
Government Resolution No. 207 of 20 March 2024 “On Establishment of an Exemption from National Treatment” (Ұлттық режимнен алып тастауды белгілеу туралы)
Order of the Minister of Finance No. 687 of 9 October 2024 “On Approval of the Public Procurement Rules” (Мемлекеттік сатып алуды жүзеге асыру қағидаларын бекіту туралы)
Government Resolution No. 207 of 20 March 2024 “On Establishment of an Exemption from National Treatment” (Ұлттық режимнен алып тастауды белгілеу туралы)
Order of the Minister of Finance No. 687 of 9 October 2024 “On Approval of the Public Procurement Rules” (Мемлекеттік сатып алуды жүзеге асыру қағидаларын бекіту туралы)
Under Art. 9 of Law No. 106-VIII on Public Procurement, national treatment applies to foreign-origin goods and services supplied by non-resident potential suppliers only in the cases and under the conditions established by international treaties ratified by Kazakhstan. The Government may establish exceptions from national treatment for up to two years to protect the constitutional order, national defence and security, the domestic market and national economy, and to support Kazakhstani goods and producers.
Government Resolution No. 207 of 20 March 2024 establishes an exception from national treatment for foreign-origin goods and services covered by the Register of Trusted Software and Electronic Industry Products. Under para. 23 of the Public Procurement Rules approved by Order No. 687, procurement covered by an exception from national treatment must be conducted among persons included in the Register of Kazakhstani Commodity Producers or the Register of Trusted Software and Electronic Industry Products.
Government Resolution No. 207 of 20 March 2024 establishes an exception from national treatment for foreign-origin goods and services covered by the Register of Trusted Software and Electronic Industry Products. Under para. 23 of the Public Procurement Rules approved by Order No. 687, procurement covered by an exception from national treatment must be conducted among persons included in the Register of Kazakhstani Commodity Producers or the Register of Trusted Software and Electronic Industry Products.
Coverage Horizontal
KAZAKHSTAN
Reported in 2019, last reported in 2025
Pillar Telecom infrastructure & competition |
Indicator Maximum foreign equity share for investment in the telecommunication sector
Restriction on foreign ownership of state-controlled enterprise
In 2016, Kazakhstan formally removed the general 49% foreign-equity cap for telecommunications companies, while retaining a 49% threshold for Kazakhtelecom and its possible successors. As of January 2025, the state controlled Kazakhtelecom through Samruk-Kazyna, its wholly state-owned sovereign wealth fund, which held 79.24% of the company’s issued ordinary shares.
Coverage KazakhTeleCom
KAZAKHSTAN
Since November 2015, as amended in December 2017
Since April 2018, as amended in October 2022, May 2023, December 2024 and November 2025
Since April 2018, as amended in October 2022, May 2023, December 2024 and November 2025
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law No. 418-V ZRK of the Republic of Kazakhstan on Informatization (Қазақстан Республикасының Ақпараттандыру туралы Заңы 2015 жылғы 24 қарашадағы № 418-V ҚРЗ)
Order No. 53/НҚ of the Minister of Defence and Aerospace Industry of the Republic of Kazakhstan on the Approval of the Rules for the Formation and Maintenance of a Register of Trusted Software and Electronics Industry Products, as well as Criteria for Including Software and Electronics Industry Products in the Register of Trusted Software and Electronics Industry Products (Приказ Министра оборонной и аэрокосмической промышленности Республики Казахстан от 28 марта 2018 года № 53/НҚ Об утверждении Правил формирования и ведения реестра доверенного программного обеспечения и продукции электронной промышленности, а также критериев по включению программного обеспечения и продукции электронной промышленности в реестр доверенного программного обеспечения и продукции электронной промышленности)
Order No. 53/НҚ of the Minister of Defence and Aerospace Industry of the Republic of Kazakhstan on the Approval of the Rules for the Formation and Maintenance of a Register of Trusted Software and Electronics Industry Products, as well as Criteria for Including Software and Electronics Industry Products in the Register of Trusted Software and Electronics Industry Products (Приказ Министра оборонной и аэрокосмической промышленности Республики Казахстан от 28 марта 2018 года № 53/НҚ Об утверждении Правил формирования и ведения реестра доверенного программного обеспечения и продукции электронной промышленности, а также критериев по включению программного обеспечения и продукции электронной промышленности в реестр доверенного программного обеспечения и продукции электронной промышленности)
Under Art. 54(3-1) of Law No. 418-V of 24 November 2015 “On Informatization”, software and electronic industry products procured as goods or information and communication services under public procurement and procurement by certain quasi-state entities must be acquired from the Register of Trusted Software and Electronic Industry Products. Procurement outside the Register is permitted where the required product is unavailable.
The "Rules for the Formation and Maintenance of a Register of Trusted Software and Electronics Industry Products, as well as Criteria for Including Software and Electronics Industry Products in the Register of Trusted Software and Electronics Industry Products" previously required software to meet a minimum in-country value share of 70%, including under para. 10(3) of the version restated by Order No. 354/НҚ, published in October 2022. Order No. 829/НҚ, published in December 2024, subsequently reintroduced the localisation requirement, increasing the minimum share to 80% and requiring compliance to be evidenced through an industrial certificate in 2025. Order No. 567/НҚ, published in November 2025, maintained the 80% threshold but abolished the industrial-certificate requirement with effect from January 2026.
The "Rules for the Formation and Maintenance of a Register of Trusted Software and Electronics Industry Products, as well as Criteria for Including Software and Electronics Industry Products in the Register of Trusted Software and Electronics Industry Products" previously required software to meet a minimum in-country value share of 70%, including under para. 10(3) of the version restated by Order No. 354/НҚ, published in October 2022. Order No. 829/НҚ, published in December 2024, subsequently reintroduced the localisation requirement, increasing the minimum share to 80% and requiring compliance to be evidenced through an industrial certificate in 2025. Order No. 567/НҚ, published in November 2025, maintained the 80% threshold but abolished the industrial-certificate requirement with effect from January 2026.
Coverage Software
KAZAKHSTAN
Reported in 2022, last reported in 2025
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of government shares in telecommunications companies
It is reported that the state-owned sovereign wealth fund Samruk-Kazyna holds 79.24% of Kazakhtelecom’s issued ordinary shares. Kazakhtelecom, the country’s principal telecommunications operator, provides a broad range of services, including fixed-line telephony, fixed broadband, pay television, data storage and processing, IT products, and other digital services. Kazakhtelecom also holds a 51% stake in Kcell, a mobile telecommunications operator offering voice, messaging, and mobile internet services, including through its 4G and 5G networks. In addition, Samruk-Kazyna directly holds at approx. 5.5% of Kcell’s shares.
The state also holds a 25% stake in Transtelecom through the wholly state-owned Kazakhstan Temir Zholy. Transtelecom provides fixed internet and telephony services, data transmission and channel leasing, as well as data-centre and cloud solutions and IT systems integration.
The state also holds a 25% stake in Transtelecom through the wholly state-owned Kazakhstan Temir Zholy. Transtelecom provides fixed internet and telephony services, data transmission and channel leasing, as well as data-centre and cloud solutions and IT systems integration.
Coverage Kazakhtelecom, Kcell and Transtelecom
Sources
- https://ar2024.telecom.kz/en/download/general-meeting-of-shareholders
- https://ar2024.telecom.kz/en/preface.html
- https://kase.kz/ru/information/news/show/1554048
- https://investors.kcell.kz/?lang=en&page_id=441
- https://kase.kz/en/information/news/show/1560095
- https://ttc.kz/en/
- https://sk.kz/ar2024/en/asset-portfolio.html
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