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I.O'S ORDER. MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of May 27, 2022 No. 298

About approval of Rules by determination and application of counter obligations when rendering measures of the state stimulation of the industry

According to the subitem 27) article 9 of the Law of the Republic of Kazakhstan "About industrial policy" PRIKAZYVAYU:

1. Approve the enclosed Rules by determination and application of counter obligations when rendering measures of the state stimulation of the industry.

2. To provide to department of industrial policy 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.

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 ten calendar days after day of its first official publication.

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

M. Karabayev

It is approved

Ministry of Finance of the Republic of Kazakhstan

 

It is approved

Ministry of Trade and integration of the Republic of Kazakhstan

 

It is approved

Ministry of national economy of the Republic of Kazakhstan

 

Approved by the Order of the acting minister of the industry and infrastructure development of the Republic of Kazakhstan of May 27, 2022 No. 298

Rules by determination and application of counter obligations when rendering measures of the state stimulation of the industry

Chapter 1. General provisions

1. Rules by determination and application of counter obligations when rendering measures of the state stimulation of the industry (further – Rules) are developed according to the subitem 27) of article 9 of the Law of the Republic of Kazakhstan "About industrial policy" and regulates procedure by determination and application of counter obligations when rendering measures of the state stimulation of the industry.

2. In these rules the following basic concepts are used:

1) the receiver – the subject of industrial and innovative activities who is applying for receipt of measure of the state stimulation of the industry or received measures of the state stimulation of the industry where one of sources of funding are public funds, and also opened to the state bodies and subjects of industrial and innovative system participating in the state stimulation of industrial and innovative activities, primary statistical data, bank and trade secret based on written consent of the subject of industrial and innovative activities in compliance Item 8 of article 28 of the Entrepreneurial code of the Republic of Kazakhstan, item 4 of article 50 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" and Item 5 of article 8 of the Law of the Republic of Kazakhstan "About the state statistics";

2) labor productivity - ratio of production volume and the manpower, working hours spent for production;

3) accounting year – the calendar year following after the next calendar year where the receiver in authorized state body for architecture, town planning and construction registers the fact of completion of commissioning of design capacities;

4) counter obligations – the cross liabilities of the subject of industrial and innovative activities and the state accepted by provision of measures of the state stimulation of the industry according to the Law of the Republic of Kazakhstan "About industrial policy".

Chapter 2. Procedure by determination and application of counter obligations when rendering measures of the state stimulation of the industry

3. By provision of measures of the state stimulation of the industry the state bodies and subjects of industrial and innovative system participating in the state stimulation of industrial and innovative activities assume obligations on provision of measures of the state stimulation of the industry.

4. In case of receipt of measures of the state stimulation of the industry the receiver assumes counter obligations in total or separately in the following directions:

1) work performance improvement;

2) increase in production of export-oriented goods;

3) ensuring requirements of the domestic market.

5. Counter obligations are provided in the signed agreement between the parties within the provided measure of the state stimulation of the industry.

6. If several counter obligations are determined by the different directions within one measure of the state stimulation of the industry, these counter obligations are applied in total.

7. If one measure of the state stimulation of the industry will be repeatedly provided to the receiver within 1 (one) calendar year, counter obligations are applied separately, within each signed agreement between the parties.

8. For each measure of the state stimulation of the industry the following counter obligations are determined:

1) financing, including joint financing of industrial and innovative projects:

within the Work Performance Improvement direction:

increase in reporting year of the average salary of production personnel is at least designated growth of the average monthly salary of one worker, according to the forecast of social and economic development of the Republic of Kazakhstan;

within the "Ensuring Requirements of the Domestic Market" direction:

increase in amount of the sold products in terms of money following the results of the third accounting year, and in subsequent on annual basis according to financial and economic model of the project/organization in case of approval of the project to financing;

2) lease financing:

within the Work Performance Improvement direction:

increase in amount of the made products after commissioning according to project indicators in case of approval of the project to financing;

increase in reporting year of the average salary of production personnel is at least designated growth of the average monthly salary of one worker, according to the forecast of social and economic development of the Republic of Kazakhstan;

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