ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of July 15, 2022 No. 482

About approval of the Concept of investment policy of the Republic of Kazakhstan till 2026

The government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Concept of investment policy of the Republic of Kazakhstan till 2026 (further – the Concept).

2. To provide to the central state bodies, local executive bodies and the interested organizations (under approval) timely accomplishment of the actions provided by the Plan of action of the Concept and following the results of year, no later than April 15, to provide information on the course of their realization in the Ministry of national economy of the Republic of Kazakhstan.

3. No later than June 1 to provide to the ministry of national economy of the Republic of Kazakhstan following the results of year in the Government of the Republic of Kazakhstan summary information on the course of implementation of the Concept.

4. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix to this resolution.

5. To impose control of execution of this resolution on the Ministry of national economy of the Republic of Kazakhstan.

6. This resolution becomes effective from the date of its signing.

Approved by the Order of the Government of the Republic of Kazakhstan of July 15, 2022 No. 482

The concept of investment policy of the Republic of Kazakhstan till 2026

1. Passport

2. Analysis of the current situation

2.1. Direct foreign investments

According to National Bank for 2010-2020 gross inflow of PII to Kazakhstan constituted about 249 billion US dollars, from them 30,4 of % or 75, 6 billion US dollars are the share of oil-and-gas sector, 23% or 42, to 1 billion US dollars - of production of metal ores and development of metallurgy. In processing industry 4 billion US dollars or 15,8 of % of all PII are attracted 39,).

In the course of investment attraction in national economy JSC NWF Samruk-Kazyna, JSC NUH Bayterek, the Private equity fund, MFTsA and others actively participate. As a result since 2015 in the overworking sectors of economy 12 projects of multinational companies on 967 million US dollars with creation of procedure for 3,5 of one thousand workplaces, and together with "anchor investors" in such sectors of economy as logistics are implemented, gas chemistry and metallurgy 5 projects on 412 million US dollars with creation of 690 workplaces are implemented.

The mechanism of public-private partnership promotes investment attraction in social infrastructure (for example, construction of highways, wholesale distribution centers, broadband Internet access in villages and others).

When quarantine restrictions around the world were effective, production was suspended, borders were closed, in Kazakhstan timely measures on non-admission of "freezing" of projects and involvement of new investors were taken. So, according to the Ministry of Foreign Affairs, in 2020 41 investment projects with foreign participation for total amount 1, in 6 billion US dollars, creation of more than 7 thousand workplaces are implemented.

Despite world crisis, Kazakhstan remains attractive to direct foreign investments and is undisputed leader on inflow of foreign investments in the Central Asian region. However, to keep and strengthen this position in the current geoeconomic and geopolitical conditions Kazakhstan needs to affect actively advancing in fight for foreign investments and to create the most optimal conditions for investors. At the same time today rather low share of the reinvested income in general inflow of PII to Kazakhstan is noted (15% for 2005-2020). In the world this indicator constitutes 30-35%.

2.2. Global and regional tendencies of world flows of direct foreign investments, and also the overview of world trends in the field of investment policy

The pandemic of coronavirus worsened perspectives of world trade and investments. Because of the remaining restrictions connected with distribution of pandemic, and, as a result, the happened decrease in global demand against the background of growth of protectionist moods there is reducing total amount of world flows of PII. For 2015-2019 world flows of direct foreign investments were reduced by % 27,1 (from 2 trillion to 859, by 0 billion US dollars). In 2020 decrease in PII continued - % 42,3 by 2019 (with 1, 5 trillion US dollar to 859 million US dollars).

In the field of investment policy it is possible to distinguish the following from key world trends.

Decision making about investment on the basis of use of ESG criteria which non-compliance can lead to closing of the capital markets for the whole countries and separate companies. The governments of the countries actively develop national strategies of ESG and estimate the risks and opportunities arising in connection with the growing global influence of the agenda of ESG.

Toughening of carbon regulation. In the near future the policy of strengthening of carbon regulation can create serious problems for the countries which have the high level of emissions of greenhouse gases. Influence will be felt in all links of production and sales chain.

Growth of measures for establishment of new restrictions and strengthening of regulation, and also decrease in measures for liberalization. For 2015-2019 in the world 588 measures of investment policy were entered (on average 50 countries annually). At the same time in equity ratio of measure for liberalization decreased by 13% while measures for toughening grew by 5%. Especially this tendency amplified in 2020. So, from the taken 96 investment measures of 45% treated regulation strengthening. Number of developing countries opened access to the economic sectors before not available to foreign investment, including via instruments of privatization and public-private partnership.

Strengthening of work on establishment of stability of the investment legislation. From 108 countries of the world 27 include regulations on investor protection from possible changes in the laws and regulations most of which part is in countries with economies in transition.

Continuation of reform of the international investment agreements (further – MIS) old generation. There is MIS gradual updating. Since 2018 the annual number of the stopped MIS exceeds number of new. Almost all new MIS contain such provisions as orientation to sustainable development, preserving opportunities of regulation (preserving regulating space of the state), and also the changes or withdrawals concerning the mechanism of settlement of investment disputes. Despite delay of the conclusions of MIS in 2020 process continues.

Implementation of investments into realization of sustainable development goals (further – TsUR). More than 150 countries accepted national sustainability strategies or reviewed the available development plans taking into account TsUR. About a half of state members of the UN have specific instruments of assistance to investment into TsUR.

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