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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of April 23, 2015 No. 267

About approval of Rules of transfer of assets in National fund of the Republic of Kazakhstan and use of National fund of the Republic of Kazakhstan, and also forms and Rules of creation of the annual statement about forming and use of National fund of the Republic of Kazakhstan

(as amended on 11-04-2022)

According to Item 5 of Article 23, Articles 94-1, 104 and Item 5 of Article 133 of the Budget code of the Republic of Kazakhstan of December 4, 2008 the Government of the Republic of Kazakhstan DECIDES:

1. Approve enclosed:

1) Rules of transfer of assets in National fund of the Republic of Kazakhstan and use of National fund of the Republic of Kazakhstan;

2) forms of creation of the annual statement of forming and use of National fund of the Republic of Kazakhstan;

3) Rules of creation of the annual statement about forming and use of National fund of the Republic of Kazakhstan.

2. This resolution becomes effective from the date of its signing.

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of April 23, 2015 No. 267

Rules of transfer of assets in National fund of the Republic of Kazakhstan and use of National fund of the Republic of Kazakhstan

These rules of transfer of assets in National fund of the Republic of Kazakhstan and use of National fund of the Republic of Kazakhstan are developed according to Item 5 of Article 23 of the Budget code of the Republic of Kazakhstan of December 4, 2008 and determine procedure for transfer of assets in National fund of the Republic of Kazakhstan and use of its means.

Chapter 1. Procedure for transfer of assets in National fund of the Republic of Kazakhstan

1. The national fund of the Republic of Kazakhstan (further - National fund) is created for acquisition account, established by the Budget code of the Republic of Kazakhstan of December 4, 2008.

2. The National Bank of the Republic of Kazakhstan (further - NB RK) opens to the Government of the Republic of Kazakhstan (further - the Government) for accounting of means of National fund and its expenditure the tengovy account and the corresponding account in tenge for accounting of tengovy equivalent of the means arriving in foreign currency.

3. Treat the organizations of oil sector:

1) the legal entities who are engaged in production of crude oil, gas condensate;

2) the legal entities who signed contracts for investigation of crude oil, gas condensate;

3) the receiver on behalf of the state of the minerals transferred by the subsoil user on account of execution of the tax liability in natural form.

The list of the organizations of oil sector the following financial year affirms by December 20 of the current financial year jointly the central authorized body on budget implementation and the competent authority enabling the realization of state policy in the sphere of subsurface use, the conclusion and execution of oil contracts.

4. The central authorized body on budget implementation provides in NB RK the forecast of the amounts of the receipts directed to National fund, and transferred to accounts of the Government to NB RK the forthcoming month not later than five working days prior to the beginning of month.

5. Receipts in national currency are enlisted in National fund into the control account of cash of National fund. The amount of receipts for the present working day credited into the control account of cash of National fund is subject to the translation by the central authorized body on budget implementation no later than the next working day into the tengovy account of the Government in NB RK. Transfer of the amounts of receipts of National fund is performed daily based on the payment order in the form established by the Instruction for registration, use and execution of payment orders, payment requests - orders, collection orders, NB RK approved by the resolution of board.

6. Return to payers, offsetting between codes of budget classification of the receipts, between tax authorities which are excessively paid, mistakenly or incorrectly come amounts the budget sent to National fund is performed from the control account of cash of National fund according to the Rules of budget implementation and its cash servicing approved by the central authorized body on budget implementation (further - Rules of budget implementation), without write-off from the accounts of the Government opened in NB RK. At the same time on the control account of cash of National fund the debit balance is allowed.

7. After accumulating of means on the tengovy account of the Government in the amount sufficient for the withdrawal performed within transfer of the following monthly guaranteed transfer transferred from National fund to the republican budget according to the consolidating plan of receipts and financing for payments depending on situation in the financial market of means are converted into NB RK from the tengovy account with transfer into the account of National fund in foreign currency opened in NB RK.

8. Receipts in foreign currency are enlisted by NB RK on correspondent accounts in foreign currency of the central authorized body on budget implementation. Rekonvertation of the foreign currency on currency types intended for transfer in National fund is performed by the central authorized body on budget implementation within three working days from the date of obtaining from NB RK of account statements in foreign currency with appendix of payment documents in electronic form.

After rekonvertation of foreign currency the amount received in tenge is enlisted by the central authorized body on budget implementation into the control account of cash of National fund, and in the same working day is transferred into the corresponding account of the Government in tenge for accounting of tengovy equivalent of the means arriving in foreign currency according to Rules of budget implementation, the schedule of provision of messages, statements and transfer of the amount of tenge established by NB RK for transaction of consecutive rekonvertation and converting of the foreign currency enlisted into accounts of the Government is observed.

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