JOINT ORDER OF I.O. OF THE MINISTER OF THE INDUSTRY AND INFRASTRUCTURE DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN AND MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of May 27, 2022 No. 291, on May 30, 2022 No. 192

About approval of Rules of the conclusion, modification, amendments and agreement cancelation about stimulation of entrepreneurship, and also monitoring of their execution, standard form of the agreement on stimulation of entrepreneurship

According to subitem 6-2) of Article 61, subitem 11-2) of Article 62 and subitem 7-2) of article 63 of the Code of the Republic of Kazakhstan "About subsoil and subsurface use", PRIKAZYVAYEM:

1. Approve:

1) Rules of the conclusion, modification, amendments and agreement cancelation about stimulation of entrepreneurship, and also monitoring of their execution according to appendix 1 to this joint order;

2) standard form of the agreement on stimulation of entrepreneurship according to appendix 2 to this joint order.

2. To provide to committee of industrial development 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 joint order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this joint order on official Internet resource of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan.

3. To impose control of execution of this joint order on the supervising vice-ministers of the industry and infrastructure development and power industry of the Republic of Kazakhstan.

4. This joint order becomes effective after ten calendar days after day of its first official publication.

Appendix 1

to the Joint Order of the Acting Minister of the industry and infrastructure development of the Republic of Kazakhstan and the Minister of Energy of the Republic of Kazakhstan of May 27, 2022 No. 291, on May 30, 2022 No. 192

Rules of the conclusion, modification, amendments and agreement cancelation about stimulation of entrepreneurship, and also monitoring of their execution

Chapter 1. General provisions

1. These rules of the conclusion, modification, amendments and agreement cancelation about stimulation of entrepreneurship, and also monitoring of their execution (further – Rules) are developed according to subitem 6-2) of Article 61, subitem 11-2) of Article 62 and subitem 7-2) of article 63 of the Code of the Republic of Kazakhstan "About subsoil and subsurface use" (further – the Code) and determines procedure for the conclusion, modification, amendments and agreement cancelation about stimulation of entrepreneurship, and also monitoring of their execution.

2. The agreement on stimulation of entrepreneurship is understood as the agreements signed by authorized bodies in the field of hydrocarbons, production of uranium and solid minerals (further – authorized body) with National chamber of entrepreneurs of the Republic of Kazakhstan and subsoil users on voluntary basis and directed to support of local producers (further – the Agreement).

Chapter 2. Procedure for the conclusion, modification, amendments and agreement cancelation about stimulation of entrepreneurship

3. The authorized body prepares the draft agreement with indication of forecast share of intra country value in goods, works and services, personnel and direct to signing to the subsoil user and in National chamber of entrepreneurs of the Republic of Kazakhstan of Atameken.

In case of disagreement of one of the parties with draft agreement provisions, not settled issues are resolved by means of negotiation process of the parties.

The forecast share of intra country value in goods, works, services and personnel changes following the results of negotiations of the parties.

4. Authorized body approve with the subsoil user the inventory of processing industry according to Item 3 of article 47 of the Law of the Republic of Kazakhstan "About industrial policy" (further – the Law) (under contracts (licenses) for mining).

5. At the initiative of one of the parties changes and additions by signing of the supplementary agreement by the parties which is integral part of the Agreement are made to the Agreement.

6. The agreement is terminated on the following bases:

1) at the initiative of authorized body or National chamber of entrepreneurs of the Republic of Kazakhstan of Atameken because of non-compliance with terms of agreement by the subsoil user and (or) in case of non-presentation by the subsoil user of documents for holding procedure of reconciliation in time, stipulated in Item 8 these rules.

The duration of the agreement stops from the moment of the direction of the notification following the results of monitoring of execution of the Agreement which is carried out by authorized body together with National chamber of entrepreneurs of the Republic of Kazakhstan of Atameken;

2) at the initiative of the subsoil user by the direction to authorized body and in National chamber of entrepreneurs of the Republic of Kazakhstan of Atameken of the adequate notice in writing. Receipt date of the notification will be considered as date of cancellation of the Agreement;

3) by transfer of the right of subsurface use to the other person;

4) in case of cancellation of the contract (license) for subsurface use.

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