ORDER OF THE MINISTER FOR CULTURE AND SPORTS OF THE REPUBLIC OF KAZAKHSTAN

of July 22, 2019 No. 206

About approval of Rules and conditions of payment of subsidies in the field of cinematography

According to the subitem 10) of article 5 of the Law of the Republic of Kazakhstan "About cinematography" I ORDER:

1. Approve the enclosed Rules and conditions of payment of subsidies in the field of cinematography.

2. For culture and art of the Ministry of Culture and sport of the Republic of Kazakhstan in the procedure established by the legislation to provide to department:

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 its in electronic form in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "Institute of the legislation and legal information of the Republic of Kazakhstan" the Ministries of Justice of the Republic of Kazakhstan for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) within two working days after enforcement of this order placement it on Internet resource of the Ministry of Culture and sport of the Republic of Kazakhstan;

4) within two working days after execution of the actions provided by this Item, submission to Department of legal service of the Ministry of Culture and sport of the Republic of Kazakhstan of data on execution of actions.

3. To impose control of execution of this order on the supervising vice-Minister for Culture and Sports of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication and is effective till December 31, 2025 according to the Law of the Republic of Kazakhstan of January 3, 2019 "About cinematography".

Approved by the Order of the Minister for Culture and Sports of the Republic of Kazakhstan of July 22, 2019 No. 206

Rules and conditions of payment of subsidies in the field of cinematography

Chapter 1. General provisions

1. These rules and conditions of payment of subsidies in the field of cinematography (further – Rules) determine procedure and conditions of payment of subsidies in the field of cinematography.

2. In Rules the following concepts are used:

1) the film project – set (packet) of documents and materials (the scenario, director's explication, the estimate on production of the movie, the calendar and production plan, the marketing plan, visual materials) based on which production and hire of the movie are performed;

2) subsidy in the field of cinematography (further – subsidy) – type of the budget subsidy provided on non-paid and irretrievable basis to the foreign legal entity, its branch or representation which signed the agreement on provision of subsidy in the field of cinematography;

3) the Agreement on provision of subsidy in the field of cinematography (further – the Agreement) – the agreement under which the Kazakhstan side shall pay subsidy, and the foreign legal entity, its branch or representation – to make the movie (or its part) in the Republic of Kazakhstan.

Chapter 2. Procedure and conditions of payment of subsidies in the field of cinematography

3. The subsidy is provided by the State center of support of national cinema – the single operator on payment of subsidies in the field of cinematography (further – the Single operator) by compensation to thirty percent of cost of the goods, works and services connected with production of the movie (or its parts) in the Republic of Kazakhstan.

4. Conditions of provision of subsidy are:

1) receiver of subsidy is the foreign legal entity, its branch or representation (further – the investor);

2) production of the movie (or its parts) in the Republic of Kazakhstan.

5. For receipt of subsidy the investor till March 1 of calendar year submits to the Single operator the following documents and materials:

1) the statement in form, according to appendix 1 to these rules;

2) the document confirming legal position of the investor;

3) constituent documents;

4) summary of the movie (synopsis);

5) film project;

6) calculations of the planned costs connected with production of the movie (or its parts), according to Item 15 of these rules;

7) presentation of the film project with the name of the movie, summary of the author (authors) of the scenario, production director, subject of cinema activities and (or) cinema organization, description of the main characters, teaser poster, poster or other promotional materials.

In foreign language are applied to documents and materials their notarially attested transfer into the Kazakh or Russian languages.

The submitted documents and materials are not reviewed and are not subject to return.

6. At the request of the Single operator the investor provides missing documents and materials within 5 (five) working days from the date of receipt of request.

7. The documents and materials provided according to Item 5 of these rules are considered by the Single operator till March 30 of calendar year.

The documents and materials which arrived after the term specified in Item 5 of these rules are subject to consideration within calendar year regarding feasibility of provision of subsidy forthcoming year.

8. The documents and materials provided according to Item 5 of these rules return without consideration within 3 (three) working days from the date of the termination of term of consideration of documents and materials, in cases:

1) submission by the investor of the documents and materials which are not corresponding to Item 5 of these rules or incomplete document package;

2) provision by the investor of the doubtful or distorted information.

In case of discrepancy of the submitted documents and materials to the conditions specified in Item 5 of these rules, the investor in case of their elimination has the right to repeatedly submit documents in the period of the term established for their acceptance.

9. The single operator within 10 (ten) working days from the date of the termination of term of consideration of the arrived documents and materials prepares the draft agreement on Kazakh and, if necessary, in other languages in form, according to appendix 2 to these rules and sends it for review to authorized body in the field of cinematography (further – authorized body).

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