RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of August 23, 2022 No. 472

About approval of the Regulations on conditions of maintaining by the state companies and business entities having at least than two thirds of shares of the state in the authorized capital, joint activities with investors for realization of the granted mineral rights

According to articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic", article 3 of the Law of the Kyrgyz Republic "About subsoil" the Cabinet of Ministers of the Kyrgyz Republic decides:

1. Approve Regulations on conditions of maintaining by the state companies and business entities having at least than two thirds of shares of the state in the authorized capital, joint activities with investors for realization of the granted mineral rights according to appendix.

2. Determine that requirements of the specified Provision are obligatory to application by the state companies and business entities having at least than two thirds of shares of the state in the authorized capital.

3. To impose control of execution of this resolution on management of control of execution of decisions of the President and the Presidential Administration Cabinet of Ministers of the Kyrgyz Republic.

4. This resolution becomes effective after fifteen days from the date of official publication.

Appendix

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of August 23, 2022 No. 472

Regulations on conditions of maintaining by the state companies and business entities having at least than two thirds of shares of the state in the authorized capital, joint activities with investors for realization of the granted mineral rights

1. This Regulations on conditions of maintaining by the state companies and business entities having at least than two thirds of shares of the state in the authorized capital, joint activities with investors for realization of the granted mineral rights (further - the Provision) determine conditions of implementation by the state companies and business entities having at least than two thirds of shares of the state in the authorized capital, joint activities with investors in case of projects implementation in the sphere of subsurface use.

The state company for realization of the granted mineral rights has the right to conduct joint activities with the investor (investors) by the conclusion of the agreement of particular partnership without formation of legal entity.

The business entity having at least than two thirds of shares of the state in the authorized capital for realization of the granted mineral rights has the right to conduct joint activities with the investor (investors) in the way:

- the conclusions of the agreement of particular partnership without formation of legal entity with determination of the sizes of contribution of business entity according to Item 10 of this provision;

- creations of affiliated economic society with controlling stock (share in the authorized capital) of business entity and transfer of mineral right to such affiliated economic society according to the license according to part 5 of article 38 of the Law of the Kyrgyz Republic "About subsoil".

2. Business entities and the state companies by means of the public announcement post on the website (in the presence) and/or the official site of the authorized state body realizing state policy in the field of geology and subsurface use, information on carrying out tender on maintaining joint sales activity of the granted mineral rights (further - tender) with indication of:

1) mineral rights;

2) names of the field;

3) work types;

4) conditions of conducting joint activities, with indication of the provided terms for the conclusion of the agreement of joint activities, the foundation agreement or creation of the legal entity;

5) tender conditions;

6) requirements to participants, including without limitation:

- availability of financial opportunities, lack of losses, availability of sufficient current assets;

- technical capabilities, availability of the necessary equipment, qualified personnel, licenses (if activities are licensed, for nonresident members of the Kyrgyz Republic, availability of the license of country of source, in case of mutual recognition of the license by the parties based on the international treaty which participant is the Kyrgyz Republic);

- work experience, amounts of manufactured goods, the performed works or services;

- absence of debt on tax payment and insurance premiums in the Kyrgyz Republic;

7) the list of the required documents enclosed to the request;

8) the main conditions (the subject of the agreement, term, etc.) the signed agreement of joint activities or the foundation agreement;

9) date of termination of order taking (order taking is established at least 30 calendar days);

10) time, the place and form of opening of the submitted applications.

3. For determination of the winner of tender one application submitted by person, to relevant requirements to participants of tender suffices.

If upon completion of date of termination of order taking there are no bids or any of applicants does not conform to requirements of tender, tender is recognized cancelled.

4. Carrying out tender is based on the following principles:

- justice, lack of discrimination and unreasonable restrictions of the competition in relation to participants;

- ensuring protection of the data which are trade secret.

5. Business entities and the state companies for carrying out tender create the working commission by the local act from among the employees with geological, economic or legal education. Also the structure of the commission can include independent experts and representatives of public associations (associations) in the sphere of subsurface use (in coordination).

The chairman of the working commission is the head of business entity or state company.

6. The working commission is competent to make decisions in case of presence at meeting at least two thirds of total number of members of the commission.

Decisions of the commission on compliance of the participant to requirements according to the subitem 6 of Item 2 this provision are made by a simple majority vote. In case of equality of votes, the voice of the chairman of the working commission is decisive.

The meeting of the working commission is drawn up by the protocol which is signed by all members of the commission participating at meeting.

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