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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of August 27, 2018 No. 192

About approval of Rules of purchase of goods, works and services by National Bank of the Republic of Kazakhstan, its departments, the organizations entering into its structure and legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to National Bank of the Republic of Kazakhstan or are in its trust management, and legal entities, affiliirovanny with them"

(as amended on 19-04-2021)

According to the subitem 75) "About National Bank of the Republic of Kazakhstan" the Board of National Bank of the Republic of Kazakhstan DECIDES: parts two of article 15 of the Law of the Republic of Kazakhstan of March 30, 1995

1. Approve the enclosed Rules of purchase of goods, works and services by National Bank of the Republic of Kazakhstan, its departments, the organizations entering into its structure and legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to National Bank of the Republic of Kazakhstan or are in its trust management, and legal entities, affiliirovanny with them.

2. Recognize invalid:

1) the resolution of Board of National Bank of the Republic of Kazakhstan of December 19, 2015 No. 237 "About approval of Rules of purchase of goods, works and services by National Bank of the Republic of Kazakhstan, its departments, the organizations entering into its structure and legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to National Bank of the Republic of Kazakhstan or are in its trust management, and legal entities, affiliirovanny with them" (it is registered in the Register of state registration of regulatory legal acts at No. 12994, it is published on March 2, 2016 in information system of law of regulatory legal acts of the Republic of Kazakhstan of Ad_let);

2) the resolution of Board of National Bank of the Republic of Kazakhstan of September 27, 2017 No. 187 "About introduction of amendments to the resolution of Board of National Bank of the Republic of Kazakhstan of December 19, 2015 No. 237 "About approval of Rules of purchase of goods, works and services by National Bank of the Republic of Kazakhstan, its departments, the organizations entering into its structure and legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to National Bank of the Republic of Kazakhstan or are in its trust management, and legal entities, affiliirovanny with them" (it is registered in the Register of state registration of regulatory legal acts at No. 15907, it is published on October 24, 2017 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan).

3. To management of planning and budget (Adibayev A. S.) in the procedure established by the legislation of the Republic of Kazakhstan to provide:

1) together with Legal department (Sarsenov N. V.) state registration of this resolution in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this resolution its direction 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) placement of this resolution on official Internet resource of National Bank of the Republic of Kazakhstan after its official publication;

4) within ten working days after state registration of this resolution submission to Legal department of data on execution of the actions provided by subitems 2), 3) of this Item and item 4 of this resolution.

4. To management on consumer protection of financial services and external communications (Terentyev A. L.) provide within ten calendar days after state registration of this resolution the direction it to the copy on official publication in periodic printing editions.

5. To impose control of execution of this resolution on the vice-chairman of National Bank of the Republic of Kazakhstan Galiyeva D. T.

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

Chairman of National Bank

D. Akishev

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan on August 27, 2018 No. 192

Rules of purchase of goods, works and services by National Bank of the Republic of Kazakhstan, its departments, the organizations entering into its structure and legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to National Bank of the Republic of Kazakhstan or are in its trust management, and legal entities, affiliirovanny with them

Chapter 1. General provisions

1. These rules of purchase of goods, works and services by National Bank of the Republic of Kazakhstan, its departments, the organizations entering into its structure and legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to National Bank of the Republic of Kazakhstan or are in its trust management, and legal entities, affiliirovanny with them (further - Rules) the procedure for purchase of goods, works and services by National Bank of the Republic of Kazakhstan determine (further - National Bank), its departments, the organizations entering into its structure and legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to National Bank or are in its trust management, and legal entities, affiliirovanny with them, except for:

the services acquired at the physical persons which are not subjects of business activity according to employment contracts and services agreements;

goods, works, services necessary for implementation of monetary activities, and also activities for management of National fund of the Republic of Kazakhstan and pension assets of the single accumulation pension fund;

traveling expenses;

contributing (deposits), including to the authorized capital of legal entities;

security purchases;

payments of remunerations to members of governing body and supervisory board;

the goods, services connected with entertainment expenses;

services of public institutions if other is not established for them by the laws of the Republic of Kazakhstan;

payments of the charges, other expenses necessary for the dispute resolution in courts, arbitration and reference tribunals;

payments of the charges and payments established by the legislation of the Republic of Kazakhstan or other countries;

goods, works, services for production, connected with accomplishment of state orders;

services of lawyers, notaries, private legal executives;

services transfer agent, financial services, except for insurance services;

services of foreign securities depositories and banks, and also goods and services necessary for their rendering;

services in property trust management;

services of warehouses of temporary storage and the payment of charges, other payments connected with such services;

services in training in the autonomous organization of education "Nazarbaev Universitet", and also advanced training at rates, seminars, trainings, training and in the sphere of the higher postgraduate education abroad;

goods, works, services within the events held in case of force majeure circumstances, including, directed to the prevention and liquidation of emergency situations and their consequences, and also in case of breakdowns, failure of mechanisms, aggregates, the equipment, program and the hardware, spare parts and materials requiring immediate recovery (in the presence of supporting documents), for accident elimination on the electrical power objects, communication life support systems, crucial objects of information and communication infrastructure, especially important state objects entering the list of objects of the Republic of Kazakhstan vulnerable in the terrorist relation, No. approved by the order of the Government of the Republic of Kazakhstan of August 28, 2013 876, and also objects of the industries and types of activity identified as hazardous production facilities according to the order of the Minister of investments and development of the Republic of Kazakhstan of December 30, 2014 No. 353 "About approval of Rules of identification of hazardous production facilities", registered in the Register of state registration of regulatory legal acts at No. 10310;

goods, works, services by the branches and representations of the customer located outside the territory of the Republic of Kazakhstan, and also the goods, works, services acquired in internal cooperation;

goods through commodity exchanges;

goods, works, services necessary for implementation of state programs, orders of the President of the Republic of Kazakhstan, decisions and orders of the Security Council of the Republic of Kazakhstan, board decisions or Board of directors of National Bank. The list of cases of purchase of goods, works, services based on solutions of the Board of directors of National Bank is provided by appendix 1 to these rules;

goods, works, services for providing law and order, homeland, economic safety, and also connected with need of compliance with law of the Republic of Kazakhstan about the state secrets and other information with limited access;

goods, works, services at subjects of the state and natural monopoly;

services of water supply, sewerage, gas supply, electric utility service, heat supply;

goods, works, services in the prices and rates established by the legislation of the Republic of Kazakhstan or other countries or at person determined by the legislation of the Republic of Kazakhstan;

the property realized at the biddings (auctions), tenders in case of privatization of state-owned property;

the goods, works, services which are intellectual property items at person having exclusive rights concerning acquired goods, works, services;

consulting and legal services in the questions and (or) documents connected using foreign law, according to the prospects of trials, to protection and representation of interests of the customer in international arbitration, the international commercial arbitration, foreign judicial authorities and also in process before arbitral (judicial) dispute settlement.

2. In Rules the following concepts are used:

1) the potential supplier - the legal entity, temporary consolidation legal entities (consortium), the physical person performing business activity, the purchase agreements applying for the conclusion with the customer. The physical person which is not the subject of business activity is potential supplier in case of acquisition (lease) by the customer of the dwelling belonging on the right of private property to such physical person;

2) affiliirovanny face of the potential supplier - any physical person or legal entity which determines decisions and (or) exerts impact on the decisions made by the potential supplier, including owing to the transaction made in writing, and also any physical person or legal entity concerning which the potential supplier has such right;

3) uniform goods, works, services - goods, works, services which, without being identical, have similar characteristics and consist of similar components that allows them to perform the same functions and to be interchangeable;

4) unification - the purchase of goods, works, services directed to elimination of excessive variety by means of reducing the list of admissible elements and decisions, their reductions to uniformity;

5) the budget - the budget (expense budget), the business plan (the annual budget), the development plan for the customer;

6) the supplier - the legal entity, temporary consolidation legal entities (consortium), the physical person which is performing business activity, acting as the customer's partner in the purchase agreement signed with it. The physical person which is not the subject of business activity is supplier in case of acquisition (lease) by the customer of the dwelling belonging on the right of private property to such physical person;

7) work - activities, having material result, and also other activities referred to works;

8) service - the activities directed to satisfaction of need of the customer, which do not have material result;

9) financial year - the period of time which is beginning on January 1 and coming to an end on December 31 the current year;

10) the register of unfair participants of public procurements - the list of potential suppliers and suppliers created according to the Law of the Republic of Kazakhstan of December 4, 2015 "About public procurements" (further - the Law on public procurements);

11) commission of experts (expert) - collegiate organ (specialist) created (determined) by the customer (the organizer of purchases) for preparation of the expert opinion on compliance or discrepancy of proposals of potential suppliers to requirements of the technical specification of the customer for acquired goods, works, services;

12) the procedure of the organization and carrying out purchases - complex of the interconnected, consecutive actions performed by the customer (the organizer of purchases) according to Rules for the purpose of purchase of goods, works, services;

13) the organizer of purchases - division, branch or department of the customer, the legal entity determined by the decision of the customer responsible for the procedure of the organization and carrying out purchases;

14) the portal of purchases - the information system providing single point of access to electronic procurement;

15) customer - National Bank on behalf of its divisions, branches, representations, departments, and also the organizations entering into structure of National Bank, legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to National Bank or there are in its trust management, and legal entities, affiliirovanny with them;

16) standardization - the purchase of goods, works, services directed to achievement of optimum extent of streamlining of requirements to goods, work, service and processes by means of establishment of provisions for general, repeated and voluntary use in respect of real-life and potential tasks;

17) purchases - acquisition by budget funds of the customer of goods, works, services according to the procedure, established by Rules;

18) the tender commission - the collegiate organ created by the customer for carrying out purchases of goods, works, services as tender method;

19) the long-term agreement - the purchase agreement signed for the term of more than 12 (twelve) months;

20) the organizations of National Bank - the organizations entering into structure of National Bank, legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to National Bank or there are in its trust management, and legal entities, affiliirovanny with them;

21) goods - subject (thing), including semifinished product or raw materials in strong, liquid or gaseous state, electrical and heat energy, objektivirovanny results of creative intellectual activities, the corporeal rights with which it is allowed to make transactions of purchase and sale;

22) internal cooperation - acquisition by the customer (the organizer of purchases) at National Bank, the organization of National Bank or their affiliates of goods, works, services within the activities provided by their provision or the charter, and also directed to maintenance and ensuring uninterrupted and continuous implementation of activities of the customer;

23) electronic procurement - purchase of goods, works, services with use of the portal of purchases which operator is the "Bank Service Bureau of National Bank of Kazakhstan" joint-stock company;

24) the purchase agreement - grazhdansko - the legal transaction in writing on delivery of goods, performance of works, rendering services concluded between the customer and the supplier according to the Civil code of the Republic of Kazakhstan (General part) of December 27, 1994, the Civil code of the Republic of Kazakhstan (Special part) of July 1, 1999 (further - the Civil code of the Republic of Kazakhstan) and Rules.

3. The customer (the organizer of purchases) when carrying out purchases is based on the principles:

1) optimum and effective expenditure of the money used for purchases;

2) representation to potential suppliers of equal opportunities for participation in the procedure of carrying out the purchases, except as specified, provided by Rules;

3) fair competition among potential suppliers;

4) publicity and transparency of process of purchases;

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