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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of September 27, 2021 No. 682

About approval of Rules (technique) of pricing on the goods developed from oil and modification of the order of the Government of the Republic of Kazakhstan of May 6, 2009 No. 638 "About approval of the list of exchange goods"

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 goods developed from oil.

2. Bring in the order of the Government of the Republic of Kazakhstan of May 6, 2009 No. 638 "About approval of the list of exchange goods" the following change:

in the list of exchange goods approved by the specified resolution:

1, to state line, sequence number in the following edition:

1

Oil and oil products

Crude oil

2709 00 900

Light distillates (gasoline)

2710 12,

2710 12 110 0 –

2710 12 900,

2710 20 900 0

Average distillates

(fuel for jet engines)

2710 19 210 0

Heavy distillates (gasoils)

2710 19 421 0 –

2710 19 425 0,

2710 19 510 9

Heavy distillates (fuel oil)

2710 19 620 1 –

2710 19 680 9,

2710 20 310 1 –

2710 20 390 9

3. This resolution becomes effective after ten calendar days after day of its first official publication.

Prime Minister of the Republic of Kazakhstan

A. Mamin

Approved by the Order of the Government of the Republic of Kazakhstan of September 27, 2021 No. 682

Governed (technique) of pricing on the goods developed from oil

Chapter 1. General provisions

1. These rules (technique) of pricing on the goods developed from oil (further – technique), are developed according to the subitem 3) of Item 10 of article 10 of the Law of the Republic of Kazakhstan "About transfer pricing" (further – the Law) and establish pricing technique on the goods developed from oil:

by deliveries through ports of Azovo-Chernomorsky and Baltic basins;

by deliveries on fixed price.

This technique is applied to the transactions made according to purchase and sale agreements of the goods developed from oil, falling under control in case of transfer pricing (further – the contract).

2. In this technique the following terms and determinations are used:

1) information sources – the publications under the headings Refinitiv and "Argus Market of the Caspian Sea" of Argus Media Limited publishing house applied according to article 18 of the Law;

2) transaction price – the goods price applied by participants of transactions during transaction, regulated by the Law;

3) the goods developed from oil – gasoline, fuel for jet engines and diesel fuel, fuel oil, vacuum gasoil;

4) market price – the goods price which developed in case of interaction of the demand and supply in the market identical (and in case of their absence – homogeneous) goods in the comparable economic conditions determined according to the principle of "outstretched arm".

Chapter 2. Pricing on the goods developed from oil by deliveries through ports of Azovo-Chernomorsky and Baltic basins

3. For contracts by deliveries of the goods developed from oil through ports of Azovo-Chernomorsky and Baltic basins market price is determined by the following formula:

P = IN – D,

where:

P – market price of the goods developed from oil;

In – arithmetic-mean value of quotations of the prices of the corresponding goods developed from oil, the prices published in official sources of information provided in the list officially acknowledged sources of information on market prices approved by the order of the Government of the Republic of Kazakhstan of March 12, 2009 No. 292 (further – the list), taking into account the quoted period determined according to terms of the contract in temporary interval no more than sixty two calendar days before date of transition of the property right to the buyer for goods and no more than sixty two calendar days after date of transition of the property right to the buyer for goods;

D – the differential considered depending on the delivery conditions determined in the contract, and applied to reduction in comparable economic conditions of transaction price on the goods developed from oil according to the Law.

Chapter 3. Pricing on the goods developed from oil by deliveries on fixed price

4. For contracts by deliveries of the goods developed from oil on fixed price market price is determined by the following formula:

P = Rist – D, where:

P – market price of the goods developed from oil;

Rist – arithmetic-mean price value on the corresponding goods developed from oil, the prices published in source of information in fifteen calendar days after signature date of appendix to the contract for the corresponding calendar month of delivery (shipment) of the goods developed from oil;

D – the differential considered depending on the delivery conditions determined in the contract, and applied to reduction in comparable economic conditions of transaction price on the goods developed from oil according to the Law.

5. For the purpose of reduction comparable economic conditions of transaction price in differential join the actual expenses proved and documented in compliance by the Law on the goods delivery, developed from oil, from the basis of delivery determined in the contract where there is realization (transition of the property right) of the goods developed from oil before the market of appointment (delivery point).

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