ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of April 20, 2018 No. 210

About approval of Rules of monitoring and control of external and internal loans of the quasi-public sector

According to Article 199 of the Budget code of the Republic of Kazakhstan the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of monitoring and control of external and internal loans of the quasi-public sector.

2. This resolution becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of April 20, 2018 No. 210

Rules of monitoring and control of external and internal loans of the quasi-public sector

Chapter 1. General provisions

1. These rules of monitoring and control of external and internal loans of the quasi-public sector (further – Rules) are developed according to Article 199 of the Budget code of the Republic of Kazakhstan and determine procedure of monitoring and control of external and internal loans of the quasi-public sector.

2. The purposes of these rules are monitoring of condition of external and internal debt of the quasi-public sector and control of observance of the restrictions provided by the Management concept public finances of the Republic of Kazakhstan till 2030.

3. The basic concepts used in these rules:

1) the development plan - the document determining the main activities and indicators of financial and economic activities of the state company, joint-stock company and limited liability partnership, controlling stock (share in the authorized capital) which belongs to the state, for the five-year period;

2) the external loan of subjects of the quasi-public sector – loan in which the nonresident of the Republic of Kazakhstan acts as the creditor;

3) internal loan of subjects of the quasi-public sector – loan in which the resident of the Republic of Kazakhstan acts as the creditor;

4) loan – the credits, loans, debt securities and other debt obligations attracted from the domestic and foreign markets;

5) the borrower - the subject of the quasi-public sector;

6) the register of state-owned property (further - the register) - the single information automated system of accounting of state-owned property, except for the property which is in operational management of special state bodies, Armed Forces, other troops and military forming of the Republic of Kazakhstan, and the state material reserve;

7) external debt – the amount for certain date of the received and outstanding loan amounts of the borrower before nonresidents of the Republic of Kazakhstan;

7-1) actions plan - the document determining the main activities and indicators of financial and economic activities of national managing holding, national holding and national company for the five-year period;

8) internal debt – the amount for certain date of the received and outstanding loan amounts of the borrower before residents of the Republic of Kazakhstan.

Chapter 2. Monitoring procedure

4. Monitoring of current status of external and internal debt of borrowers is performed within development plans and actions plans.

5. Registration and accounting of receipt of funds of internal and external loans, payments on repayment and debt servicing are performed by borrowers independently.

6. Accounting of payments, remaining balance of debt is made at par value. Accounting of debt securities is performed by results of primary placement and nominal value.

7. Borrowers on quarterly basis to the 10th following month under report send information on loans with indication of the plan of attraction of loans for the forthcoming five-year period to the register in electronic form agrees:

to form 10 of appendix 2 to Rules of development, approval of actions plans of national managing holdings, national holdings, the national companies which shareholder is the state and also monitoring and assessment of their realization, the approved order of the Minister of national economy of the Republic of Kazakhstan of February 27, 2015 No. 149 (the national welfare fund "Samruk-Kazyna" (further – fund is registered in the Register of state registration of regulatory legal acts at No. 10663), except for joint-stock company ");

to appendix 26 to Rules of development, approval of development plans for the joint-stock companies and limited liability partnerships, the state companies, monitoring and assessment of their realization, and also development and submission of reports on their execution controlled by the state approved by the order of the Minister of national economy of the Republic of Kazakhstan of February 14, 2019 No. 14 (it is registered in the Register of state registration of regulatory legal acts at No. 18328).

8. The fund on quarterly basis to the 25th following month under report places information on loans with indication of the plan of attraction of loans for the forthcoming five-year period on Internet resource of fund according to form 1, of the Republic of Kazakhstan approved by the order of the Government of October 31, 2012 No. 1384 "About approval of Rules of placement of the reporting necessary for state bodies, on Internet resource of National welfare fund, and also the list, forms and frequency of placement of the reporting".

9. Borrowers represent to the central authorized body on budget implementation on quarterly basis the analytical note containing information on debt and on semi-annual basis the specified forecast of external and internal borrowing for the current year.

In case of change of plans of attraction of loans for the forthcoming five-year period, borrowers approve data of change with the central authorized body on budget implementation.

10. The authorized body on state-owned property on quarterly basis till the 5th day of the second month after the accounting period sends summary information on loans to the central authorized body on budget implementation.

11. Summary information on loans includes:

1) data on condition of debt of borrowers on the first after the accounting period;

2) data on condition of issued debt securities, and also budget credits and other debt obligations (date of placement, remuneration rate, repayment date, circulation period, currency of release and servicing);

3) data on actual receipt of loans, effected payments on repayment and servicing of loans in the accounting period, including data on availability of overdue payments and their payment;

4) information on attraction of loans in the accounting period;

5) plan of attraction of loans for the forthcoming five-year period.

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