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

of May 27, 2022 No. 293

About approval of Rules and conditions of the conclusion, and also the bases for change and agreement cancelation about industrial assembly of agricultural machinery with legal entities of the Republic of Kazakhstan and its standard form

According to the subitem 22) article 9 of the Law of the Republic of Kazakhstan "About industrial policy" PRIKAZYVAYU:

1. Approve:

1) Rules and conditions of the conclusion, and also the basis for change and agreement cancelation about industrial assembly of agricultural machinery with legal entities of the Republic of Kazakhstan, according to appendix 1 to this order;

2) standard form of the agreement on industrial assembly of agricultural machinery with legal entities of the Republic of Kazakhstan according to appendix 2 to this order.

2. Recognize invalid some orders of the Minister of investments and development of the Republic of Kazakhstan and the Minister of the industry and infrastructure development of the Republic of Kazakhstan according to appendix 3 to this order.

3. To provide to committee of industrial development of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan:

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.

4. To impose control of execution of this order on the supervising vice-minister of the industry and infrastructure development of the Republic of Kazakhstan.

5. This order becomes effective after sixty calendar days after day of its first official publication.

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

M. Karabayev

 

Appendix 1

to the Order of the acting minister of the industry and infrastructure development of the Republic of Kazakhstan of May 27, 2022 No. 293

Rules and conditions of the conclusion, and also the basis for change and agreement cancelation about industrial assembly of agricultural machinery with legal entities of the Republic of Kazakhstan

Chapter 1. General provisions

1. These rules and conditions of the conclusion, and also the basis for change and agreement cancelation about industrial assembly of agricultural machinery with legal entities of the Republic of Kazakhstan (further – Rules) are developed according to the subitem 22) of article 9 of the Law of the Republic of Kazakhstan "About industrial policy" (further – the Law) and determine procedure and conditions of the conclusion, and also the basis for change and agreement cancelation about industrial assembly of agricultural machinery with legal entities of the Republic of Kazakhstan.

2. In these rules the following concepts are used:

1) agricultural machinery – the technical tool, including technically difficult goods (product) intended for performance improvement of work in agricultural industry by mechanization and automation of separate transactions or engineering procedures;

2) industrial assembly of agricultural machinery – system of serial production of agricultural machinery;

3) the agreement on industrial assembly of agricultural machinery with legal entities of the Republic of Kazakhstan (further – the agreement) – the civil agreement signed between authorized body in the field of the state stimulation of the industry (further – authorized body) and the legal entity of the Republic of Kazakhstan performing production of agricultural machinery (further – the producer), according to the civil legislation, the ratified international treaties of the Republic of Kazakhstan and these rules.

3. The agreement is signed with the producer by each code of the commodity nomenclature of external economic activity (further – the CN FEA EEU) taking into account model of agricultural machinery for the term of 15 years.

The standard form of the agreement on industrial assembly of agricultural machinery with legal entities of the Republic of Kazakhstan is given in appendix 2 to this order.

The agreement is the basis for provision to the producer of tax benefits according to the subitem 15) of Item 1 of Article 399 and the subitem 4) of Item 2 of article 451 of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget (Tax code)".

Chapter 2. Procedure and conditions of agreement signature about industrial assembly of agricultural machinery with legal entities of the Republic of Kazakhstan

4. The agreement is signed with the producer in case of accomplishment of the following conditions by it:

1) availability for signature date of the agreement of production assets on balance of the company or leasing company, including the leasing assets used when implementing industrial assembly a minimum of the 500000-fold (five hundred-thousandfold) size of monthly settlement indicator for combine harvesters, combines silage, tractors of goods items of the CN FEA EEU 8433 51 000 9, 8433 59 110 9, 8701 and the 100000-fold (hundred-thousandfold) size of monthly settlement indicator for other agricultural machinery;

2) accomplishment of the technological transactions on production of agricultural machinery established according to the approved internal document (further – technological transactions).

5. For agreement signature the producer sends to authorized body the written appeal in any form.

The following documents are attached to the address:

1) the draft of the scheduled plan of implementation of the agreement on industrial assembly of agricultural machinery with legal entities of the Republic of Kazakhstan in duplicate, in the state and Russian languages in form, according to appendix 1 to these rules (further – the schedule), created taking into account technological transactions;

2) data on the company for form, according to appendix 2 to these rules;

3) the audited financial reporting about availability of production assets;

4) the license agreement (contract) for use in the territory of the Republic of Kazakhstan production technologies of products according to the license using the transferred know-how (to no - Hau) and technical documentation.

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