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I.O.'S ORDER OF THE MINISTER OF THE INDUSTRY AND INFRASTRUCTURE DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of May 5, 2020 No. 269

About approval of Rules of rendering the state services of the mining and metallurgical industry

(as amended on 10-03-2022)

According to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" I ORDER:

1. Approve enclosed:

1) Rules of rendering the state service "Issue of the Conclusion about Opportunity (Impossibility) and Economic Feasibility (Inexpediency) of Industrial Extraction of Precious Metals from Primary Goods in the Republic of Kazakhstan" according to appendix 1 to this order;

2) Rules of rendering the state service "Issue of the Conclusion about Economic Inexpediency or Impossibility of Conversion of the Primary Goods Containing Precious Metals in the territory of the Republic of Kazakhstan" according to appendix 2 to this order;

3) Rules of rendering the state service "Issue of the Act of the State Control and Value Assessment when Exporting from the Territory of the Republic of Kazakhstan to the Countries Which Are Not Entering into the Eurasian Economic Union of Precious Metals (Except for Products from Them), Scrap and Waste of Precious Metals Which Export Is Performed based on Licenses (without License)" according to appendix 3 to this order;

4) Rules of rendering the state service "Issue of the Act of the State Control when Importing to the Territory of the Republic of Kazakhstan from the Countries Which Are Not Entering into the Eurasian Economic Union of Precious Metals (Except for Products from Them), Scrap and Waste of Precious Metals Which Export Is Performed based on the License (without License)" according to appendix 4 to this order;

5) Rules of rendering the state service "Issue of the Conclusion (the Allowing Document) for the Room of Mineral Raw Materials under Customs Procedure of Outward Processing" according to appendix 5 to this order.

2. To provide to committee of industrial development and industrial safety 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.

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 twenty one calendar days after day of its first official publication.

Acting minister of the industry and infrastructure development of the Republic of Kazakhstan

K. Uskenbayev

It is approved

Ministry of digital development, innovations and aerospace industry 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 May 5, 2020 No. 269

Rules of rendering the state service "Issue of the Conclusion about Opportunity (Impossibility) and Economic Feasibility (Inexpediency) of Industrial Extraction of Precious Metals from Primary Goods in the Republic of Kazakhstan"

Chapter 1. General provisions

1. These rules of rendering the state service "Issue of the Conclusion about Opportunity (Impossibility) and Economic Feasibility (Inexpediency) of Industrial Extraction of Precious Metals from Primary Goods in the Republic of Kazakhstan" (further - Rules) are developed according to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" (further - the Law) and determine procedure for issue of the conclusion about opportunity (impossibility) and economic feasibility (inexpediency) of industrial extraction of precious metals from primary goods in the Republic of Kazakhstan.

2. "Issue of the conclusion about opportunity (impossibility) and economic feasibility (inexpediency) of industrial extraction of precious metals from primary goods in the Republic of Kazakhstan" is the state service (further - the state service) and it appears Committee of industrial development of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan (further - the service provider) according to these rules.

Chapter 2. Procedure for rendering the state service

3. For receipt of the state service physical persons and legal entities (further - uslugopoluchatel) send to the service provider by means of the web portal of "the electronic government" www.egov.kz (further - the portal):

1) the statement in electronic form, certified by the digital signature (further - the EDS) uslugopoluchatel, in form, according to appendix 1 to these rules;

2) for subjects of production of the primary goods containing precious metals - the electronic copy of the contract for the subsurface use rights. At the same time submission of the contract for the subsurface use rights if the electronic copy of such document was provided earlier, except as specified, when changes and additions were made to such document is not required;

3) other organizations having the right according to the legislation of the Republic of Kazakhstan to perform transactions with primary goods, containing precious metals - the electronic copy of the document confirming legality of ownership (acquisition) of goods, or the copy of the intermediary agreement;

4) the electronic copy of the agreement in foreign trade (contract), appendix and (or) amendment to it in the state and/or Russian languages, and in case of lack of the agreement in foreign trade (contract) - the electronic copy of other document confirming intentions of the parties. If the contract (the agreement, the agreement) in the state and/or Russian languages is absent, to the electronic copy of the contract (the agreement, the agreement) the translation fastened and certified by the applicant is applied (with indication of position and date, the sign and seal of the applicant);

5) the electronic copy of the document issued by accredited test laboratory, on content of precious metals and the accompanying extracted metals in which data on specific content of all precious metals in the primary goods containing precious metals shall be specified;

6) the electronic copy of refusal of conversion and (or) refining of goods from all subjects of production of the precious metals or confirmation of authorized body about availability of such refusal received according to the procedure, the approved authorized body.

4. The list of the main requirements to rendering the state service including the characteristic of process, form, content and result of rendering, and also other data taking into account features of rendering the state service are stated according to appendix 2 to these rules in the form of the standard of the state service.

When giving the uslugopoluchatel of all necessary documents by means of the portal - in "personal account" of uslugopoluchatel displays the status about acceptance of request for rendering the state service with indication of the date of receipt of result of the state service.

Aggregate term of consideration of documents and issue of result of the state service constitutes 3 (three) working days.

5. The employee of office of the service provider performs document registration in day of their receipt and sends to the head of the service provider which appoints the contractor.

In case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan, reception of an application and issue of result of rendering the state service is performed the next working afternoon.

6. The contractor within 2 (two) working days from the moment of document registration of uslugopoluchatel, checks completeness of the submitted documents and data, the decisions of the Eurasian economic commission specified in them according to appendix 14 of April 21, 2015 No. 30 "About measures of non-tariff regulation", the Law of the Republic of Kazakhstan "About precious metals and gemstones", the order of the Government of the Republic of Kazakhstan of July 22, 2016 No. 422 "About approval of Rules of import to the territory of the Republic of Kazakhstan from the countries which are not entering into the Eurasian Economic Union, and export from the territory of the Republic of Kazakhstan to these countries of the precious metals and primary goods containing precious metals, and recognition voided some decisions of the Government of the Republic of Kazakhstan".

In case of factual determination of incompleteness of the submitted documents or lack of data necessary for rendering the state service prepares motivated refusal in further review of the statement in form, according to appendix 3 to these rules and sends it to uslugopoluchatel through the portal in electronic form signed the EDS of the head of the service provider or replacement his face, to personal account of uslugopoluchatel.

7. In case of representation by uslugopoluchatel of complete document package the contractor by results of check completeness of the submitted documents and data issues result of rendering the state service - the conclusion about opportunity (impossibility) and economic feasibility (inexpediency) of industrial extraction of precious metals from primary goods in the Republic of Kazakhstan (further - the conclusion), according to appendix 4 to these rules.

In case of identification of the bases for refusal in rendering the state service the service provider notifies uslugopoluchatel on the provisional solution about refusal in rendering the state service, and also time and the place (method) of carrying out hearing for opportunity to express to uslugopoluchatel line item according to the provisional solution.

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