ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of May 29, 2023 No. 90

About approval of Rules of receipts from transfer to competitive environment of assets of the national managing holdings, national holdings, the national companies and their affiliated, dependent and other legal entities who are affiliated with them in National fund of the Republic of Kazakhstan

According to subitem 3-1) of Item 2 of Article 22 of the Budget code of the Republic of Kazakhstan PRIKAZYVAYU:

1. Approve the enclosed Rules of receipts from transfer to competitive environment of assets of the national managing holdings, national holdings, national companies and their affiliated, dependent and other legal entities which are affiliated with them in National fund of the Republic of Kazakhstan.

2. To provide to department of policy of management of the state assets of the Ministry of national economy of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan state registration of this order in the Ministry of Justice of the Republic of Kazakhstan and its placement on Internet resource of the Ministry of national economy of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-minister of national economy of the Republic of Kazakhstan.

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

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of May 29, 2023 No. 90

Rules of receipts from transfer to competitive environment of assets of the national managing holdings, national holdings, national companies and their affiliated, dependent and other legal entities which are affiliated with them in National fund of the Republic of Kazakhstan

Chapter 1. General provisions

1. These rules of receipts from transfer to competitive environment of assets of the national managing holdings, national holdings, the national companies and their affiliated, dependent and other legal entities who are affiliated with them in National fund of the Republic of Kazakhstan (further - Rules) are developed according to subitem 3-1) of Item 2 of Article 22 of the Budget code of the Republic of Kazakhstan and establish procedure for receipts from transfer to competitive environment of assets of the national managing holdings, national holdings, the national companies and their affiliated, dependent and other legal entities who are affiliated with them (further - company assets), in National fund of the Republic of Kazakhstan (further - National fund) according to lists, No. 1141 determined by the orders of the Government of the Republic of Kazakhstan of December 30, 2015 "About some questions of privatization for 2016 - 2020" and of December 29, 2020 No. 908 "About some questions of privatization for 2021 - 2025" (further - lists).

2. The basic concepts used in these rules:

1) the companies with direct state participation - the companies which single shareholder is the state on behalf of the Government of the Republic of Kazakhstan, or the state body authorized by the Government of the Republic of Kazakhstan, local executive body;

2) authorized body on state planning - the central executive body performing management and cross-industry coordination in the field of strategic and economic planning, development and forming of the budget policy and also to forming and realization of state policy in the sphere of regional development.

Chapter 2. Procedure for receipt of funds from transfer in competitive assets of the national managing holdings, national holdings, the national companies and their affiliated, dependent and other legal entities who are affiliated with them in National fund of the Republic of Kazakhstan

3. The direction of means from transfer to competitive environment of company assets with direct state participation in National fund is performed based on the decision of the single shareholder of the company with direct state participation in type of net income allocation of the companies with direct state participation and in the amount of 100% (hundred percent), except for the means which arrived from transfer to competitive environment of assets of group of joint-stock company "National welfare fund "Samruk-Kazyna" (further - Fund) and (or) as a result of additional share issue of the companies within public placement.

4. The means which arrived from transfer to competitive environment of assets of group of Fund in the amount of 100% (hundred percent) are listed in National fund in the form of net income allocation, except for:

1) the funds allocated by group of Fund for repayment of debt obligations (without repayment of obligations to National fund) and (or) realization of the tasks specified in the subitem 7) of Item 2 of article 4 of the Law of the Republic of Kazakhstan "About National welfare fund" (further - the Law) which cannot exceed 50% (fifty percent) of the arrived means in Fund;

2) the funds allocated by Fund for dividend payout on the state block of shares, which are in republican property;

3) the funds allocated by Fund for financing of the projects realized by local executive bodies.

The size and target use of the fund allocated according to this Item are determined according to the decision of State commission concerning upgrade of economy of the Republic of Kazakhstan.

The size of the funds transferred in National fund at the expense of means from transfer to competitive environment of assets of Kazakhstan Engineering National Company joint-stock company is adjusted according to the decision of State commission concerning upgrade of economy of the Republic of Kazakhstan on the amount necessary for repayment of internal debt.

Since January 1, 2025 the direction in National fund of the means which arrived from transfer to competitive environment of assets of group of Fund constitutes 100% (hundred percent) of the amount of receipts. The size of the funds transferred by group of Fund in National fund can be reduced to 50% (fifty percent) for the amount:

1) the funds allocated by group of Fund for repayment of debt obligations (without repayment of obligations to National fund) and (or) realization of the tasks specified in the subitem 7) of Item 2 of article 4 of the Law;

2) the funds allocated by Fund for dividend payout on the state block of shares, which are in republican property;

3) the funds allocated by Fund for financing of the projects realized by local executive bodies.

The size and target use of the fund allocated according to this Item are determined according to the decision of State commission concerning upgrade of economy of the Republic of Kazakhstan.

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