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ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of May 5, 2018 No. 160

About approval of Rules of monitoring of accomplishment by subsoil users of contract obligations on subsurface use

According to Item 2 of article 66 of the Code of the Republic of Kazakhstan of December 27, 2017 "About subsoil and subsurface use" I ORDER:

1. Approve the enclosed Rules of monitoring of accomplishment by subsoil users of contract obligations on subsurface use.

2. To provide to department of subsurface use of the Department of Energy of the Republic of Kazakhstan in the procedure for the Republic of Kazakhstan established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction it the copy in paper and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) within ten calendar days after state registration of this order the direction it the copy on official publication in periodic printing editions;

4) placement of this order on Internet resource of the Department of Energy of the Republic of Kazakhstan after its official publication;

5) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Department of Energy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 2), 3) and 4) of this Item.

3. To impose control of execution of this order on the supervising vice-Minister of Energy of the Republic of Kazakhstan.

4. This order becomes effective since June 29, 2018 and is subject to official publication.

Minister of Energy of the Republic of Kazakhstan

K. Bozumbayev

It is approved

Minister of investments and development of the Republic of Kazakhstan

"____ " ______________ 2018

 

_________________ Zh. Kasymbek

Approved by the Order of the Minister of Energy of the Republic of Kazakhstan of May 5, 2018 No. 160

Rules of monitoring of accomplishment by subsoil users of contract obligations on subsurface use

Chapter 1. General provisions

1. These rules of monitoring of accomplishment by subsoil users of contract obligations on subsurface use (further - Rules) are developed according to Item 2 of article 66 of the Code of the Republic of Kazakhstan of December 27, 2017 "About subsoil and subsurface use" (further - the Code) and determine procedure for monitoring of accomplishment by subsoil users of contract obligations on exploration and production or hydrocarbon production, and also uranium production (further - the contract for subsurface use).

Chapter 2. Procedure for monitoring of accomplishment by subsoil users of contract obligations on subsurface use

2. Monitoring of accomplishment by subsoil users of contract obligations on subsurface use (further - monitoring) is performed by competent authority by means of the analysis of the reports submitted by subsoil users according to subitems 2) - 7) Articles 132, subitems 3) - 11) article 180 of the Code, and data received from other sources according to the legislation of the Republic of Kazakhstan.

3. The operator in the field of support of the Kazakhstan personnel and producers concerning hydrocarbons and uranium (further - Operator):

according to the subitem 1) of item 4 of article 131 of the Code performs monitoring of accomplishment by subsoil users of obligations on purchases of goods, works and services at the Kazakhstan producers, to attraction of the Kazakhstan personnel, training of the Kazakhstan personnel, financing of research, scientific and technical and (or) developmental works, and also acquisition by subsoil users and their contractors of the goods, works and services used when carrying out transactions on investigation or hydrocarbon production;

according to the subitem 1) of item 4 of Article 179 performs monitoring of accomplishment by subsoil users of obligations on purchases of goods, works and services at the Kazakhstan producers, to attraction of the Kazakhstan personnel, training of the Kazakhstan personnel, financing of research, scientific and technical and (or) developmental works, and also acquisition by subsoil users and their contractors of the goods, works and services used when carrying out transactions on uranium production.

Results of monitoring annually, no later than the February twenty fifth following after accounting year are represented by the Operator to competent authority.

4. For receipt of the reports provided by the subitem 1) of Article 132 and subitems 1) and 2) of article 180 of the Code, the competent authority sends inquiry to the National operator by collection, storage, processing and provision of geological information.

5. In case of violation by the subsoil user of the obligations provided by the contract for subsurface use, established as a result of monitoring including the acquired information according to Items 2, of 3, of 4 these rules, the competent authority takes concerning such subsoil user measures according to the Code and provisions of the contract for subsurface use.

 

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