THE ORDER OF THE DEPUTY PRIME MINISTER OF THE REPUBLIC OF KAZAKHSTAN - THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of October 26, 2018 No. 436

About approval of Rules of subsidizing of rates of remuneration when crediting subjects of agro-industrial complex, and also leasing for acquisition of farm animals, the equipment and processing equipment

According to the subitem 41) Item 1 of article 6 of the Law of the Republic of Kazakhstan "About state regulation of development of agro-industrial complex and the rural territories", the subitem 1) article 10 of the Law of the Republic of Kazakhstan "About the state services" and the subitem 2) Item 3 of article 16 of the Law of the Republic of Kazakhstan "About the state statistics" PRIKAZYVAYU:

1. Approve the enclosed Rules of subsidizing of rates of remuneration when crediting subjects of agro-industrial complex, and also leasing for acquisition of farm animals, the equipment and processing equipment.

2. Declare invalid:

1) the order of the Deputy prime minister of the Republic of Kazakhstan - the Minister of Agriculture of the Republic of Kazakhstan of February 1, 2017 No. 50 "About approval of Rules of subsidizing of rates of remuneration on the credits and leasing of processing equipment, on acquisition of farm animals, and also to leasing of agricultural machinery" (it is registered in the Register of the state registration of regulatory legal acts No. 14815, it is published on March 2, 2017 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan);

2) the order of the Deputy prime minister of the Republic of Kazakhstan - the Minister of Agriculture of the Republic of Kazakhstan of June 1, 2018 No. 233 "About modification of the order of the Deputy prime minister of the Republic of Kazakhstan - the Minister of Agriculture of the Republic of Kazakhstan of February 1, 2017 No. 50 "About approval of Rules of subsidizing of rates of remuneration on the credits and leasing of processing equipment, on acquisition of farm animals, and also to leasing of agricultural machinery" (it is registered in the Register of the state registration of regulatory legal acts No. 17205, it is published on August 1, 2018 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan).

3. To provide to department of investment policy of the Ministry of Agriculture of the Republic of Kazakhstan in the procedure established by the legislation:

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

2) within ten calendar days from the date of the state registration of this order the direction it 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 the 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 Ministry of Agriculture of the Republic of Kazakhstan;

5) within ten working days after the state registration of this order submission to Department of legal service of the Ministry of Agriculture of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2), 3) and 4) of this Item.

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

5. This order becomes effective since January 1, 2019.

It is approved Ministry of information and communications of the Republic of Kazakhstan

It is approved Ministry of Finance of the Republic of Kazakhstan

It is approved Ministry of national economy of the Republic of Kazakhstan

Approved by the Order of the Deputy prime minister of the Republic of Kazakhstan – the Minister of Agriculture of the Republic of Kazakhstan of October 26, 2018 No. 436

Rules of subsidizing of rates of remuneration when crediting subjects of agro-industrial complex, and also leasing for acquisition of farm animals, the equipment and processing equipment

Chapter 1. General provisions

1. These rules of subsidizing of rates of remuneration when crediting subjects of agro-industrial complex, and also leasing for acquisition of farm animals, the equipment and processing equipment (further – Rules) are developed according to the subitem 41) of Item 1 of article 6 of the Law of the Republic of Kazakhstan "About state regulation of development of agro-industrial complex and the rural territories", the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" (further – the Law on the state services) and the subitem 2) of Item 3 of article 16 of the Law of the Republic of Kazakhstan "About the state statistics" and determine procedure for subsidizing of rates of remuneration when crediting subjects of agro-industrial complex, and also leasing for acquisition of farm animals, the equipment and processing equipment for the account and within the means provided in the budget for the corresponding financial year.

Unpaid obligations of previous years are paid for the account of means of the current year, on condition of availability in the budget of means, free from obligations.

2. Main objective of subsidizing of rates of remuneration when crediting subjects of agro-industrial complex, and also leasing for acquisition of farm animals, the equipment and processing equipment is increase in availability of financial services to subjects of agro-industrial complex.

3. In these rules the following basic concepts are used:

1) the agreement of subsidizing of rates of remuneration when crediting subjects of agro-industrial complex, and also leasing for acquisition of farm animals, the equipment and processing equipment (further – the agreement of subsidizing) – the written agreement signed in paper or electronic type between the borrower, working body (service provider) for distribution of means of subsidies and financial institution, providing procedure and conditions of transfer of subsidies, responsibility of the parties;

2) The Government for Citizens State corporation (further – the State corporation) – the legal entity created according to the decision of the Government of the Republic of Kazakhstan for rendering the state services according to the legislation of the Republic of Kazakhstan, the organization of work on reception of applications on rendering the state services and issue of their results to uslugopoluchatel by the principle of "one window", ensuring rendering the state services electronically;

3) the special account – the account of financial institution in bank of the second level on which the amount of subsidies in accordance with the terms of these rules is credited;

4) farm animals (further – animals) – all animal species cultivated by the person, the birds, fishes and bees directly related to farm-production;

5) the program – the program of direct subsidizing of rates of remuneration when crediting and leasing by financial institutions (uslugopoluchatel) of subjects of agro-industrial complex;

6) personal account – set of the records containing in the electronic register of the requests for subsidizing allowing to identify the registered person for the purpose of registration of requests for subsidizing and accounting of transactions on them;

7) personal account – the personal web page of the user (the borrower (uslugopoluchatel), financial institution, financial institution (uslugopoluchatel), working body (service provider) for distribution of means of subsidies) in the electronic register of requests for subsidizing;

8) the loan agreement on carrying out spring and field and harvest works – the agreement signed between financial institution (uslugopoluchatel) and to borrowers/straight lines the borrower under the terms of whom the financial institution (uslugopoluchatel) grants the loan;

9) the borrower when financing spring and field and harvest works – physical person or legal entity, the individual entrepreneur (including peasant farm) who signed with financial institution (uslugopoluchatel) the loan agreement on carrying out spring and field and harvest works;

10) preferential rate of remuneration when financing spring and field and harvest works – the payment which is due to financial institution (uslugopoluchatel) for use of loan in percentage expression, paid by the borrower and the final borrower for the loan agreement on carrying out spring and field and harvest works;

11) credit/leasing – the money issued to the borrower on the terms of the paid nature, urgency, recoverability, security under the agreement of loan / the personal/real estate transferred to the leasing recipient for certain payment and under certain conditions to temporary ownership and use for the term of more than one year under the agreement of financial leasing;

12) credit partnership (further – KT) – the legal entity created by physical and (or) legal entities for requirements satisfaction of his participants in the credits and others financial, including bank, services, by accumulation of their money and at the expense of other sources which are not prohibited by the legislation of the Republic of Kazakhstan;

13) financial institutions – The development bank of Kazakhstan, banks of the second level, foreign and international financial institutions performing banking activities through the Kazakhstan financial institutions, credit institutions having licenses for the right of banking operations, and also leasing companies and credit partnerships in the field of agro-industrial complex;

14) financial institutions (uslugopoluchatel) – the banks of the second level, credit institutions having licenses for the right of banking operations which hundred percent of voting shares directly or indirectly belong to national managing holding

15) the agreement of direct subsidizing of rates of remuneration when crediting and leasing of subjects of agro-industrial complex by financial institutions (further – the agreement of direct subsidizing) – the written agreement signed the Republic of Kazakhstan, in electronic form between the Ministry of Agriculture (further – the Ministry) and financial institution (uslugopoluchatel) for request and receipt of means of subsidies, providing procedure and conditions of transfer of subsidies, responsibility of the parties;

16) the borrower (uslugopoluchatel) – physical person or legal entity, the individual entrepreneur (including peasant farm) who signed the loan agreement with financial institution and performing activities according to the inventory for crediting and financial leasing on priority projects in the field of production and (or) conversion of agricultural products according to appendix 1 to these rules and also according to Items 1, 3 and 4 (code of the general qualifier of types of economic activity 1107) the list of industries of economy on conversion and production in agro-industrial complex and processing industry according to appendix 2 to the Mechanism of crediting and financial leasing of priority projects, to No. 820 approved by the order of the Government of the Republic of Kazakhstan of December 11, 2018 "About some questions of ensuring long-term tengovy liquidity for the solution of task of available crediting" (further – the Mechanism of crediting and financial leasing of priority projects), and Items 1, 2, 3, 4, 5, the 6 and 7 list of key (priority) sectors of economy according to appendix 4 to the Mechanism of crediting and financial leasing of priority projects;

17) the loan agreement – the agreement signed between financial institution and the borrower (uslugopoluchatel) under the terms of which the financial institution provides credit/leasing, and also the agreement signed on the principles of Islamic financing;

18) working body for distribution of means of subsidies (further – working body (service provider)) – the structural division of local executive bodies of areas, cities of republican value and the capital realizing functions in the field of agricultural industry;

19) the request for subsidizing – the paper or electronic request of financial institution for payment of subsidized part of rate of remuneration according to the loan agreement of the borrower (uslugopoluchatel);

20) the electronic register of requests for subsidizing – set of data on requests for subsidizing, and also about borrowers (uslugopoluchatel), financial institutions, financial institutions (uslugopoluchatel) and other data reflected in the state information system of subsidizing;

21) the state information system of subsidizing (further – GISS) – the organizational arranged set of information and communication technologies, service personnel and technical documentation intended for rendering services in accomplishment of processes of subsidizing giving interaction opportunity with the web portal of "the electronic government", registration of the request for receipt of subsidies, and also its processings by means of automatic verification of the request for compliance to subsidizing conditions;

22) the web portal of the state information system of subsidizing (further – the web portal) – the Internet resource placed on the Internet, providing access to the state information system of subsidizing;

23) remuneration rate – the payment which is due to financial institution for use of loan in percentage expression including the return rate paid by the borrower (uslugopoluchatel) for the loan agreement, the Islamic financing concluded on the principles;

24) direct subsidizing of rate of remuneration – allocation to financial institutions (uslugopoluchatel) on non-paid and irrevocable basis of budgetary funds when crediting subjects of agro-industrial complex, and also leasing for acquisition of farm animals, the equipment and processing equipment;

25) processing equipment – the equipment on production and conversion of agricultural products consisting of the equipment of direct assignment and auxiliary without which application the complete production cycle cannot be provided;

26) the direct borrower – the borrower, except for credit partnership;

27) the borrower within the program – physical person or legal entity, the individual entrepreneur (including peasant farm) (resident of the Republic of Kazakhstan) who signed with financial institution the loan agreement about receipt of credit/leasing which is performing activities according to the inventory for crediting and financial leasing on priority projects in the field of production and (or) conversion of agricultural products according to appendix 1 to these rules and assumed agreement obligations of loan;

28) the final borrower – the member of KT who signed the loan agreement with KT and performing activities according to the inventory for crediting and financial leasing on priority projects in the field of production and (or) conversion of agricultural products according to appendix 1 to these rules and also according to Items 1, 3 and 4 (code of the general qualifier of types of economic activity 1107) the list of industries of economy on conversion and production in agro-industrial complex and processing industry according to appendix 2 to the Mechanism of crediting and financial leasing of priority projects and Items 1, 2, 3, 4, 5, the 6 and 7 list of key (priority) sectors of economy according to appendix 4 to the Mechanism of crediting and financial leasing of priority projects;

29) the offer – common offering of the borrower and financial institution on the conclusion of the agreement of subsidizing signed on paper, or in electronic form with the digital signature in form according to appendix 2 to these rules;

30) the web portal of "the electronic government" – the information system representing single window of access to all consolidated government information including the regulatory legal base, and to the state services, services in issue of specifications on connection to the networks of subjects of natural monopolies and services of subjects of the quasi-public sector rendered electronically;

31) the digital signature (further – the EDS) – set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content.

4. Subsidizing is performed according to loan agreements:

1) on acquisition of agricultural machinery, including the hinged and trailing equipment, and also on acquisition of farm animals, on the investment purposes (except for passenger road transport and passenger transport), construction (except for loans on acquisition of fixed assets on production of flour, mineral waters and soft drinks);

2) on replenishment of the current assets necessary for production cycle of production process;

3) on the loans issued on carrying out spring and field and harvest works.

According to the loan agreements specified in subitems 1), 2) and 3) to part one of this Item, subsidizing is performed no more nominal rate of remuneration calculated as total expression of base rate of National Bank of the Republic of Kazakhstan plus 7,5 (seven whole five tenth) percent (further – %) annual in tenge.

By consideration of the offer the base rate of National Bank of the Republic of Kazakhstan operating at the time of the conclusion of the loan agreement is applied.

According to the loan agreements specified in subitems 1) (except for the case provided by part seven of this Item), 2) and 3) parts one of this Item, and concluded since January 25, 2022 by the borrower 6 (six) % of nominal rate of remuneration are paid, from the government budget the rest of nominal rate of remuneration received as a result of difference between the amount of base rate of National Bank of the Republic of Kazakhstan plus 7,5 (seven whole five tenth) % per annum and 6 (six) % paid by the borrower in tenge is subsidized.

At the same time, the borrower pays 6 (six) % of nominal rate of remuneration for the loan agreements specified in the subitem 1) the parts one of this Item providing acquisition of priority farm vehicles and the equipment.

The list of priority farm vehicles and the equipment is provided by authorized body in the field of the state support of the innovation activities no later than December 1 of the current year the next year and no later than July 1 for the corresponding year. Within 3 (three) working days after obtaining the List of priority farm vehicles and the equipment is placed authorized body in the field of development of agro-industrial complex in GISS.

According to other loan agreements specified in the subitem 1) to part one of this Item, and providing acquisition of agricultural machinery, including the hinged and trailing equipment, the borrower is paid with 15 (fifteen) % of nominal rate of remuneration, from the government budget the rest of nominal rate of remuneration received as a result of difference between the amount of base rate of National Bank of the Republic of Kazakhstan plus 7,5 (seven whole five tenth) % per annum and 15 (fifteen) % paid by the borrower in tenge is subsidized.

According to the loan agreements specified in subitems 1), 2) and 3) to part one of this Item, and concluded since January 25, 2022 by the borrower 6 (six) % of nominal rate of remuneration are paid, from the government budget the rest of nominal rate of remuneration received as a result of difference between the amount of base rate of National Bank of the Republic of Kazakhstan plus 7,5 (seven whole five tenth) % per annum and 6 (six) % paid by the borrower in tenge is subsidized.

According to the loan agreements specified in subitems 1), 2) and 3) of this Item, and concluded till January 25, 2022 with nominal rate of remuneration no more than 17 (seventeen) % per annum in tenge decrease in rates of remuneration is provided:

1) on acquisition of agricultural machinery, including the hinged and trailing equipment, and also on acquisition of farm animals, on the investment purposes (except for passenger road transport and passenger transport), construction (except for loans on acquisition of fixed assets on production of flour, mineral waters and soft drinks) according to the following standard rates, the remunerations providing decrease in rates:

for 10 (ten) percent (further – %) annual in tenge;

2) on replenishment of the current assets necessary for production cycle of production process decrease in rates of remuneration is provided:

on 7 (seven) % per annum in tenge;

3) on the loans issued on carrying out spring and field and harvest works decrease in rates of remuneration is provided:

on 9 (nine) % per annum in tenge.

According to the current agreements of subsidizing signed till December 4, 2021 within the loan agreements issued in Russian rubles and other currency decrease in rate of remuneration lower than 4 (four) % per annum in Russian rubles is not allowed, it is lower than 3 (three) % per annum in other currency.

Conditions of subsidizing of rates of remuneration when crediting subjects of agro-industrial complex for carrying out spring and field and harvest works are regulated by Chapter 6 of these rules.

5. Subsidizing of rate of remuneration according to the loan agreements signed till July 26, 2022 and issued by financial institutions within the Mechanism of crediting and financial leasing of priority projects is performed:

1) on the investment purposes with decrease in rates of reward by 10 (ten) % per annum of tenge, at the same time the term of subsidizing constitutes no more than 10 (ten) years without the prolongation right;

2) on replenishment of current assets with decrease in rates of reward by 9 (nine) % per annum of tenge, at the same time the term of subsidizing constitutes no more than 3 (three) years without the prolongation right;

3) on carrying out spring and field and (or) harvest works with decrease in rates of reward by 9 (nine) % per annum of tenge, at the same time term of subsidizing is constituted by no more than 1 (one) year without the prolongation right.

Within this Item the current agreements of loan issued by financial institutions according to Items 1, 3 and 4 are subject to subsidizing (code of the general qualifier of types of economic activity 1107) the list of industries of economy on conversion and production in agro-industrial complex and processing industry according to appendix 2 to the Mechanism of crediting and financial leasing of priority projects and Items 1, 2, 3, 4, 5, the 6 and 7 list of key (priority) sectors of economy according to appendix 4 to the Mechanism of crediting and financial leasing of priority projects.

Within this Item syndicated loans of banks of the second level and (or) Development bank of Kazakhstan are subject to subsidizing of rates of remuneration.

6. Subsidizing of rates of remuneration according to the loan agreements issued by financial institutions within the Road map of employment for 2020 - 2021 is performed:

1) on the loans issued by Development bank of Kazakhstan:

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