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THE ORDER OF THE FIRST DEPUTY PRIME MINISTER OF THE REPUBLIC OF KAZAKHSTAN - THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of October 31, 2019 No. 1201

About approval of Rules of implementation of purchases of goods, works, services by national managing directors of holdings, national holdings, national companies and organizations, fifty and more percent of voting shares (shares in the authorized capital) which directly or indirectly belong to national managing holding, national holding, the national company

According to subitem 30-1) of Article 1 and the subitem 1) article 15-1 of the Law of the Republic of Kazakhstan of March 1, 2011 "About state-owned property" PRIKAZYVAYU:

1. Approve the enclosed Rules of implementation of purchases of goods, works, services by national managing directors of holdings, national holdings, national companies and organizations, fifty and more percent of voting shares (shares in the authorized capital) which directly or indirectly belong to national managing holding, national holding, the national company (further - Rules).

2. To provide to department of the legislation of public procurements and purchases of the quasi-public sector of the Ministry of Finance of the Republic of Kazakhstan in the procedure established by the legislation:

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

2) placement of this order on Internet resource of the Ministry of Finance of the Republic of Kazakhstan;

3) 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 Ministry of Finance of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

3. This order is subject to official publication and becomes effective since January 1, 2020, except for Item 26, of the subitem 6) of Item 36, of Item 40, of Item 53, of subitems 2) and 4) of Item 70, of the subitem 4) of Item 113, of the fifth paragraph of the subitem 1) and the second paragraph of the subitem 3) of Item 149, of the third and fourth paragraph of Item 184 and Item 369 of Rules which become effective since January 1, 2021.

The first Deputy Premier-Ministra of the Republic Kazakhstan - the Minister of Finance

A. Smailov

Approved by the Order of the acting minister of finance of the Republic of Kazakhstan of October 31, 2019 No. 1201

Rules of implementation of purchases of goods, works, services by national managing directors of holdings, national holdings, national companies and organizations, fifty and more percent of voting shares (shares in the authorized capital) which directly or indirectly belong to national managing holding, national holding, the national company

Chapter 1. General provisions

1. These rules of implementation of purchases of goods, works, services by national managing directors of holdings, national holdings, national companies and organizations, fifty and more percent of voting shares (shares in the authorized capital) which directly or indirectly belong to national managing holding, national holding, the national company (further - Rules) are developed according to the Civil code of the Republic of Kazakhstan, the Laws of the Republic of Kazakhstan "About joint-stock companies" of May 13, 2000, "About the electronic document and the digital signature" of January 7, 2003, "About state-owned property" of March 1, 2011 (further - the Law), "About informatization" of November 24, 2015 and determine procurement procedure.

Chapter 2. Scope of these rules

2. These rules are applied to the relations connected with purchase of goods, the works, services necessary for ensuring functioning, and also accomplishment of authorized activities of the Customer, except for:

1) acquisitions of the services performed at physical persons according to employment contracts or at the physical persons which are not subjects of business activity according to services agreements;

2) introduction of the membership fees (deposits), including to the authorized capital of again created legal entities;

3) acquisitions of share in the authorized capital of legal entities;

4) purchases of goods, works, services performed according to international treaties of the Republic of Kazakhstan and also within implementation of the investment projects financed by the international organizations which member is the Republic of Kazakhstan;

5) acquisitions of the financial services connected with carrying out banking activities, performed by the National Bank of the Republic of Kazakhstan, banks and the organizations performing separate types of banking activities based on the licenses obtained according to the legislation of the Republic of Kazakhstan, and also acquisition of broker and (or) dealer services and custodial servicing in the security market, acquisitions of services in connection, servicing and use of the transport (telecommunication) systems "FASTI", "S.W.I.F.T" including connected with receipt of the bank statements and information services rendered by Kazakhstan stock exchange Joint-stock company, services of the international (foreign) banks, legal consultants, external audit companies in release of comfortable letters, the trustee of the investor, payment transfer agents, registrars procedural and arbitral and other services necessary for the organization by the customer of borrowing, including issue of securities and their redemption, debt management and investment (treasurer) portfolio and (or) Bloomberg of L.P.;

6) payments of the charges and payments levied in seaport;

7) compensations of traveling expenses and acquisition of the services connected with traveling expenses (avia-railway tickets);

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

9) acquisitions of agricultural products and products of its conversion, and also services in their storage, conversion, transportation performed according to the legislation of the Republic of Kazakhstan;

10) acquisitions of services by the national managing director of holding for ensuring activities of strategic advisory advisory body of national managing holding;

11) acquisitions of breeding animals of domestic and foreign selection and farm animals;

12) acquisitions by the national managing director of holding of services of the international insurance company specializing in export credits insurance;

13) purchases of goods, works, services within implementation of transactions on Islamic financing, including with the organizations registered in the territory of foreign states;

14) acquisitions of services of the single registrar of securities and services in transactions with securities;

15) purchases of goods, works and services within settlement of warranty case according to the Law of the Republic of Kazakhstan of April 7, 2016 "About equity in housing construction".

Chapter 3. The basic concepts used in these rules

3. In these rules the following concepts are used:

1) unreliable information - the false data containing in the request of the potential supplier for participation in procurement by tender methods, from one source and request of price offers, and equally brought by the corrections distorting the valid content and untrue the provided request of the potential supplier;

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