RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of August 23, 2021 No. 148

About approval of the Procedure for provision of mineral rights according to the decision of the Cabinet of Ministers of the Kyrgyz Republic

For the purpose of implementation of article 25-1 of the Law of the Kyrgyz Republic "About subsoil", according to articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decides:

1. Approve the Procedure for provision of mineral rights according to the decision of the Cabinet of Ministers of the Kyrgyz Republic according to appendix.

2. This resolution becomes effective from the date of official publication.

Appendix

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of August 23, 2021 No. 148

Procedure for provision of mineral rights according to the decision of the Cabinet of Ministers of the Kyrgyz Republic

1. This procedure for provision of mineral rights according to the decision of the Cabinet of Ministers of the Kyrgyz Republic (further - the Procedure) regulates questions of provision of mineral rights to the state companies and business entities in the sphere of subsurface use having at least two thirds of share of the state in the authorized capital.

2. The state companies and business entities in the sphere of subsurface use having at least two thirds of share of the state in the authorized capital can be provided:

- subsoil plots of nation-wide value;

- auction subsoil plots.

3. Provision of the subsoil plots specified in Item 2 presents of the Procedure is performed according to the decision of the Cabinet of Ministers of the Kyrgyz Republic. In this case carrying out tender and/or auction is not required.

4. The basis for initiation of question of provision of mineral right to the state companies and business entities in the sphere of subsurface use having at least two thirds of share of the state in the authorized capital is their address.

5. The address is drawn up in the form of the letter in the state or official language, on the official form signed by the head who shall contain the following data:

- name of the subsoil plot;

- subsoil plot arrangement;

- type of use of natural resources.

6. Without fail enclose to the letter:

- copy of the certificate on state registration (re-registration) of the legal entity;

- the copy of the decision (protocol) on appointment of the head of the legal entity certified by the applicant's seal or other document (the contract, the agreement) on creation joint or sole executive body.

7. The address the state company or the business entity in the sphere of subsurface use having at least two thirds of share of the state in the authorized capital goes to authorized state body on realization of state policy in the field of subsurface use.

Consideration of the address is performed by the principle of "the first submitted application".

8. The basis for refusal in project initiation of the decision of the Cabinet of Ministers of the Kyrgyz Republic on provision of mineral right is:

- provision of the letter which is not corresponding to Item 5 of this Procedure;

- provision of the incomplete list of documents specified in Item 6 of this Procedure;

- availability of appreciable errors or not certified corrections (in impresses of a seal, dates and content) in the letter and the enclosed documents;

- if on the declared subsoil plot the license for the same group of minerals, except for the subsoil plots relating to the 2nd group of minerals is already granted.

9. On the bases specified in Item 8 of this Procedure, the authorized state body on realization of state policy in the field of subsurface use within 14 calendar days makes the decision on refusal and sends the letter with refusal in provision of mineral right with indication of the basis for refusal.

10. For the purpose of provision of mineral right to the state company or business entity in the sphere of subsurface use having at least two thirds of share of the state in the authorized capital, the authorized state body on realization of state policy in the field of subsurface use prepares the corresponding draft of the order of the Cabinet of Ministers of the Kyrgyz Republic.

11. The draft of the order of the Cabinet of Ministers of the Kyrgyz Republic about provision of mineral right the state company or the business entity in the sphere of subsurface use having at least two thirds of share of the state in the authorized capital is in accordance with the established procedure submitted for approval in the Cabinet of Ministers of the Kyrgyz Republic.

12. In case of decision making of the Kyrgyz Republic by the Cabinet of Ministers about provisions the state company or the business entity in the sphere of subsurface use having at least two thirds of share of the state in the authorized capital, mineral rights concerning the required site authorized state body on subsurface use within 14 working days provides the license for mineral right.

13. Other questions of licensing concerning state-owned company are considered in general procedure according to the legislation in the sphere of subsurface use.

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