ORDER OF THE MINISTER OF THE INDUSTRY AND INFRASTRUCTURE DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of March 31, 2021 No. 147

About approval of Rules of the conclusion and standard forms of the agreement of pledge of bank deposit as method of ensuring obligation fulfillment on mitigation of consequences of transactions on subsurface use

According to Item 7 of article 57 of the Code of the Republic of Kazakhstan of December 27, 2017 "About subsoil and subsurface use" PRIKAZYVAYU:

1. Approve:

1) Rules of the conclusion of the agreement of pledge of bank deposit as method of ensuring obligation fulfillment on mitigation of consequences of transactions on subsurface use according to appendix 1 to this order;

2) the Standard form of the agreement of pledge of the bank deposit provided in ensuring obligation fulfillment on mitigation of consequences of transactions on investigation of solid minerals according to appendix 2 to this order;

3) the Standard form of the agreement of pledge of the bank deposit provided in ensuring obligation fulfillment on mitigation of consequences of transactions on production of solid minerals according to appendix 3 to this order;

4) the Standard form of the agreement of pledge of the bank deposit provided in ensuring obligation fulfillment on mitigation of consequences of transactions on production of popular minerals according to appendix 4 to this order;

5) the Standard form of the agreement of pledge of the bank deposit provided in ensuring obligation fulfillment on mitigation of consequences of transactions on use of space of the subsoil which is carried out for the purpose of placement and (or) operation of objects of technogenic mineral formations of mining and (or) mining and processing productions it agrees, to appendix 5 to this order;

6) the Standard form of the agreement of pledge of the bank deposit provided in ensuring obligation fulfillment on mitigation of consequences of transactions on prospecting according to appendix 6 to this order.

2. To provide to department of subsurface use of the Ministry of the industry and infrastructure development 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 the industry and infrastructure development of the Republic of Kazakhstan after its official publication;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan representation in Legal department of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

3. To impose control of execution of this order on the supervising vice-minister of the industry and infrastructure development of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

It is approved Ministry of ecology, geology and natural resources of the Republic of Kazakhstan

 

Appendix 1

to the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of March 31, 2021 No. 147

Rules of the conclusion of the agreement of pledge of bank deposit as method of ensuring obligation fulfillment on mitigation of consequences of transactions on subsurface use

Chapter 1. General provisions

1. These rules of the conclusion of the agreement of pledge of bank deposit as ensuring obligation fulfillment on mitigation of consequences of transactions on subsurface use (further - Rules) are developed according to Item 7 of article 57 of the Code of the Republic of Kazakhstan of December 27, 2017 "About subsoil and subsurface use" (further - the Code) and determine procedure for the conclusion of the agreement of pledge of bank deposit as ensuring obligation fulfillment by mitigation of consequences of transactions on subsurface use (further - pledge of bank deposit) with the state body issuing the corresponding license type on subsurface use.

2. Pledge of bank deposit as method of ensuring obligation fulfillment on mitigation of consequences of transactions on subsurface use is provided for benefit of the Republic of Kazakhstan on behalf of the state body granting the corresponding type the license for subsurface use.

3. Owing to pledge of bank deposit the Republic of Kazakhstan has the right in case of non-execution by the subsoil user of the obligation on liquidation to have satisfaction from the amount of the pledged bank deposit mainly before other creditors of the subsoil user.

4. Only the bank deposit placed in bank of the second level, in tenge or in foreign currency can be subject of pledge.

5. As the pledger on pledge of bank deposit the subsoil user on the corresponding license type on subsurface use or the applicant on licensing for investigation of solid minerals who received the notification of competent authority on need of provision of ensuring obligation fulfillment on mitigation of consequences of transactions on investigation of solid minerals, stipulated in Article 188 Codes acts (further - the Applicant on licensing for investigation).

6. As the pawnbroker on pledge of bank deposit the Republic of Kazakhstan on behalf of the state body issuing the following license types on subsurface use acts (further - state body):

1) licenses for investigation of solid minerals;

2) licenses for production of solid minerals;

3) licenses for production of popular minerals;

4) licenses to use of space of subsoil for placement and (or) operation of subjects to placement of technogenic mineral formations of mining and (or) mining and processing productions;

5) licenses for prospecting.

7. Pledge of bank deposit arises owing to the agreement of pledge of the bank deposit (further - the agreement of pledge) concluded between the pledger, state body and bank of the second level in which the bank deposit is placed (further - Bank).

8. The agreement of pledge is signed in the Kazakh and Russian languages according to standard form.

9. Account of the signed agreements of pledge is kept by the state body which signed the relevant agreement of pledge, according to the procedure, provided by the Rules of representation and accounting of the ensuring obligation fulfillment accepted by state body on mitigation of consequences of transactions on subsurface use approved by authorized body in the field of solid minerals based on Item 9 of article 55 of the Code.

10. By the written request of the subsoil user (person whose right of subsurface use is stopped) and (or) bank the state body provides within 10 (ten) working days the written confirmation about the termination of pledge under the agreement of pledge.

Chapter 2. Procedure for the conclusion of the agreement of pledge of bank deposit as ensuring obligation fulfillment on mitigation of consequences of transactions on subsurface use

11. The statement for the conclusion of the agreement of pledge (further - the application) is submitted by the applicant (pledger) in writing and contains the data specified in appendix 1 to these rules. The following documents are put to the statement:

1) three copies of the draft agreement of pledge signed by the pledger and Bank in the Kazakh and Russian languages;

2) the statement about remaining balance and movement of money according to the bank account opened by the pledger on the bank deposit provided as a deposit issued not earlier than the day preceding day of filing of application;

3) the documents confirming powers of persons acting on behalf of the pledger and Bank in case of pledge agreement signature.

12. The application is submitted in the Kazakh and Russian languages. Copies of the documents enclosed to the application are subject to the notarial attestation. The copies of the documents constituted in foreign language, enclosed to the application are represented with the translation into the Kazakh or Russian languages which fidelity is subject to the notarial certificate.

13. The state body considers the introduced draft of the agreement of pledge and documents attached to it regarding compliance to requirements of the Code and these rules within 10 (ten) working days from the date of their receipt and in the absence of the bases for refusal in the conclusion of the agreement of pledge, signs the agreement of pledge and enters the information about him in the register of ensuring obligation fulfillment on mitigation of consequences of subsurface use (further - the register of providing) according to the Rules of representation and accounting of the ensuring obligation fulfillment accepted by state body on mitigation of consequences of transactions on subsurface use approved by authorized body in the field of solid minerals based on Item 9 of article 55 of the Code.

In case of submission of the draft agreement of pledge by the applicant on licensing for investigation of solid minerals, the question of its conclusion is considered within 5 (five) working days from the date of submission of the draft agreement of pledge. By results of consideration the state body signs the agreement of pledge and grants the license for investigation of solid minerals, or passes the decision on refusal in the conclusion of the agreement of pledge.

14. In case of the conclusion of the agreement of pledge the authorized person of state body signs each its copy. The agreement of pledge is considered the authorized person of state body imprisoned from the date of its signing.

15. Within 2 (two) working days from the date of the conclusion of the agreement of pledge two of its copies are subject to transfer to the applicant (one copy for Bank).

16. The state body refuses the conclusion of the agreement of pledge in the following cases when:

1) the agreement of pledge does not conform to the requirements established by the Code and these rules including standard form, is not signed by authorized persons or does not contain seal of bank or the subsoil user (the applicant on issue of licenses for investigation) if such persons have seal according to the legislation of the Republic of Kazakhstan or country of incorporation.

2) the agreement of pledge provided by the applicant on licensing for investigation is submitted after the term established by part three of Item 1 of article 188 of the Code;

3) the data and documents specified in Item 9 of these rules are not submitted;

4) the amount of the bank deposit pledged by the applicant on licensing for investigation, in total with other providing represented by types (in case of their availability) is less than total amount of providing required according to the Code for obligation fulfillment on mitigation of consequences of transactions on investigation of solid minerals.

17. The grammatical or arithmetic mistakes, typographical errors or other similar mistakes made in the draft agreement of pledge or documents attached to it are not the basis for refusal in the conclusion of the agreement of pledge. The state body in writing notifies the subsoil user (the applicant on licensing for investigation) on need of elimination of the made mistakes. The made mistakes are subject to correction by the applicant within 7 (seven) working days from the date of receipt of the adequate notice of state body. At the same time only those documents in which the made mistakes are corrected are repeatedly filed. For elimination of mistakes the term of consideration of the draft agreement of pledge stops.

Not elimination of the made mistakes in the provided time also is the basis for refusal in the conclusion of the agreement of pledge.

18. If during consideration of the statement by state body, and also during remedial action in the statement or documents attached to it the term provided by part three of Item 1 of article 188 of the Code expired, it is considered prolonged for the purposes of the specified Item.

In case of refusal in the conclusion of the agreement of pledge after the specified term the state body refuses licensing for investigation based on the subitem 9) of Item 1 of article 190 of the Code and directs the adequate notice.

19. The refusal in the conclusion of the agreement of pledge is taken out in writing and shall be motivated.

20. In case of refusal in the conclusion of the agreement of pledge the competent authority notifies on it the subsoil user (the applicant on licensing for investigation) within 3 (three) working days with indication of causes of failure.

21. The refusal in the conclusion of the agreement of pledge can be appealed by the applicant according to the legislation of the Republic of Kazakhstan.

22. The refusal in the conclusion of the agreement of pledge does not deprive of the applicant of the right to repeated filing of application (for the applicant on receipt of the license for investigation - within the term established by part three of Item 1 of article 188 of the Code).

23. Increase in the deposit amount by the pledger on which rights are granted as a deposit according to the signed agreement of pledge is performed without the consent of state body.

In case of increase in the deposit amount in connection with increase in the general size of the obligation on liquidation provided including, pledge of bank deposit, such increase is the basis for entering of corresponding change into the signed agreement of pledge.

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