of September 21, 2021 No. 647
About approval of Rules (technique) of pricing on the exported crude oil and gas condensate
According to the subitem 3) of Item 10 of article 10 of the Law of the Republic of Kazakhstan "About transfer pricing" the Government of the Republic of Kazakhstan DECIDES:
1. Approve the enclosed Rules (technique) of pricing on the exported crude oil and gas condensate.
Prime Minister of the Republic of Kazakhstan
Approved by the Order of the Government of the Republic of Kazakhstan of September 21, 2021 No. 647
1. These rules (technique) of pricing on the exported crude oil and gas condensate (further - technique) are developed based on the subitem 3) of Item 10 of article 10 of the Law of the Republic of Kazakhstan "About transfer pricing" (further - the Law) and determine pricing technique on crude oil, gas condensate, including in case of their sales on the terms of FOB * the terminal of CPC-R with use of pipeline system of Caspian Pipeline Consortium, through the ports of the Black Sea on the terms of FOB (except for the terminal of pipeline system of Caspian Pipeline Consortium), with use of ports of the Mediterranean Sea by route the railway station of the Republic of Kazakhstan and (or) Aktau port - Baku / Sangachal - Ceyhan, with use of ports of the Caspian Sea on the terms of FOB port of the Caspian Sea, with use of ports of the Baltic Sea, export on trunk oil pipeline "Friendship", railway mode of transport.
This technique does not extend to transactions with the crude oil extracted by subsoil users under the agreements (contracts) on the Section of products signed with the Government of the Republic of Kazakhstan or competent authority till January 1, 2009 and which passed the obligatory tax examination.
2. For determination of market price of crude oil and gas condensate (further - goods) official sources of information which were determined in the contract of purchase and sale are used.
3. In this Technique the following terms and determinations are used:
1) advance payment - advance payment for the delivery of goods planned, but not shipped yet;
2) the quoted period - the pricing period, but no more than thirty one calendar consecutive day for which quotations of the prices at the exchange are published established in the contract for sales of goods (works, services) during which in accordance with the terms of the transaction the parties of the transaction determine arithmetic-mean value of arithmetic-mean daily quotations of the prices of the corresponding exchange goods (works, services), and also not exchange goods, the prices for which are tied to quotations on exchange goods;
3) differential - the amount of adjustment applied to reduction in comparable economic conditions of transaction price or the price from information source;
4) the bill of lading - the document on shipped goods which confirm its obtaining by the vessel;
5) transaction price (realization) - the goods cost for one unit of measure according to contracts of purchase and sale of goods expressed in contract currency of purchase and sale of goods and calculated according to this Technique;
6) early payment - payment for shipped goods before the payment due dates specified in contracts of purchase and sale;
7) the quotation of oil - the price quotation published in official sources of information;
8) the oil delivery and acceptance act - the document issued by carrier of goods to the freight owner in case of transportation through the pipeline;
9) official source of information - information source included in the list officially acknowledged sources of information on market prices (further - the list) approved by the order of the Government of the Republic of Kazakhstan of March 12, 2009 No. 292;
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