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ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of July 16, 2021 No. 232

About approval of Rules of the conclusion of the agreement of pledge of bank deposit and standard form of the agreement of pledge of bank deposit of hydrocarbons and production of uranium

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

1. Approve:

1) Rules of the conclusion of the agreement of pledge of bank deposit according to appendix 1 to this order;

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

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

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

2. To provide to department of subsurface use of the Department of Energy 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 Department of Energy 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 submission to Department of legal service of the Department of Energy 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 Energy of the Republic of Kazakhstan.

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

Minister of Energy of the Republic of Kazakhstan

N. Nogayev

It is approved

Ministry of Finance of the Republic of Kazakhstan

 

It is approved

Agency of the Republic of Kazakhstan on regulation and development of the financial market

 

It is approved

Ministry of Ecology, geology and natural resources of the Republic of Kazakhstan

 

 

Appendix 1

to the Order of the Minister of Energy of the Republic of Kazakhstan of July 16, 2021 No. 232

Rules of the conclusion of the agreement of pledge of bank deposit

Chapter 1. General provisions

1. These rules of the conclusion of the agreement of pledge of bank deposit (further - Rules) are developed according to Item 7 of article 57 of the Code of the Republic of Kazakhstan "About subsoil and subsurface use" (further - the Code) and determine procedure for the conclusion of the agreement of pledge of bank deposit.

2. Pledge of bank deposit as method of ensuring obligation fulfillment on mitigation of consequences of transactions on subsurface use in the field of hydrocarbons and (or) production of uranium is provided for benefit of the Republic of Kazakhstan on behalf of competent authority in the field of hydrocarbons and (or) production of the uranium (further - competent authority) which is the contract party on subsurface use in the field of hydrocarbons and (or) production of uranium and (or) granted the license for subsurface use in the field of hydrocarbons and (or) production of uranium.

Based on Item 6 of article 126 of the Code these rules do not extend to the relations with the subsoil users who are carrying out investigation of hydrocarbons at the sea.

3. According to Items 1, 2 and 3 articles 57 of the Code, 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.

Only the bank deposit placed in bank of the second level can be pledge subject according to article 57 of the Code.

The contribution can be made in tenge or in foreign currency.

4. As the pledger on pledge of bank deposit the subsoil user under the relevant contract for subsurface use in the field of hydrocarbons and (or) production of uranium acts (further - the pledger).

5. As the pawnbroker on pledge of bank deposit the Republic of Kazakhstan on behalf of the competent authority which is the contract party on subsurface use in the field of hydrocarbons and (or) production of uranium and (or) granted the license for subsurface use in the field of hydrocarbons and (or) production of uranium acts (further - the pawnbroker).

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

7. The agreement of pledge is signed in the Kazakh and Russian languages according to Item 7 of article 57 of the Code.

Chapter 2. Procedure for the conclusion of the agreement of pledge of bank deposit

Paragraph 1. The conclusion of the agreement of pledge of bank deposit as ensuring obligation fulfillment on mitigation of consequences of transactions on subsurface use in the field of hydrocarbons and (or) production of uranium

8. The statement for the conclusion of the agreement of the pledge represented as ensuring obligation fulfillment on mitigation of consequences of transactions on subsurface use in the field of hydrocarbons and (or) production of uranium (further - the application) is submitted to the pawnbroker by the pledger in written any form.

The following documents are put to the statement:

1) the data enclosed to the application according to appendix 1 to these rules. At the same time, in line of 17 data enclosed to the application provided in this subitem, the relevant information in the case provided in the note of the called data enclosed to the application is specified;

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