ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of March 28, 2024 No. 125

About introduction of amendments to the order of the Minister of Energy of the Republic of Kazakhstan of July 16, 2021 No. 232 "About approval of Rules of the conclusion of the agreement of pledge of bank deposit and standard form of the agreement of pledge of bank deposit of hydrocarbons and production of uranium"

I ORDER:

1. Bring in the order of the Minister of Energy of the Republic of Kazakhstan of July 16, 2021 No. 232 "About approval of Rules of the conclusion of the agreement of pledge of bank deposit and standard form of the agreement of pledge of bank deposit of hydrocarbons and production of uranium" (it is registered in the Register of state registration of regulatory legal acts for No. 23703) the following changes:

in the Rules of the conclusion of the agreement of pledge of bank deposit approved by the specified order:

be reworded as follows Item 3:

"3. According to Items 1, 2 and 3 articles 57 of the Code, in case of non-execution by the subsoil user of obligations on mitigation of consequences of subsurface use the Republic of Kazakhstan owing to pledge of bank deposit has advantage over other creditors of the subsoil user in receipt of satisfaction from the amount of the pledged bank deposit.

Only the bank deposit placed in bank of the second level of the Republic of Kazakhstan can be pledge subject according to article 57 of the Code or the National operator has mails.

The contribution is made in tenge or in foreign currency to which the official rate of national currency determined by National Bank of the Republic of Kazakhstan according to the subitem 26) of article 8 of the Law of the Republic of Kazakhstan "About National Bank of the Republic of Kazakhstan" on the date of making (conclusion) of the agreement of pledge of bank deposit is established.";

be reworded as follows Item 6:

"6. Pledge of bank deposit arises owing to the agreement of pledge of the bank deposit (further – the agreement of pledge) concluded between the pledger, the pawnbroker and bank of the second level of the Republic of Kazakhstan or the National operator of mail in whom the bank deposit is placed (further – bank).";

2, of 3, 4 to the specified order to be reworded as follows appendices, according to appendices 1, of 2, 3 to this order.

2. To provide to department of subsurface use of the Department of Energy of the Republic of Kazakhstan in the procedure established by the legislation 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 Department of Energy of the Republic of Kazakhstan;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Department of Energy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

3. To impose control of execution of this order on the supervising vice-Minister of Energy of the Republic of Kazakhstan.

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

Appendix 1

to the Order of the Minister of Energy of the Republic of Kazakhstan of March 28, 2024 No. 125

Appendix 2

to the Order of the Minister of Energy of the Republic of Kazakhstan of July 16, 2021 No. 232

Form

Standard form of the agreement of pledge of the bank deposit provided as ensuring obligation fulfillment on mitigation of consequences of investigation of hydrocarbons

_______________________________________________________________ 
  (completely surname, name and middle name (in case of its availability), nationality, date
 births, name and details of the identity document,
 individual identification number of physical person, and (or) complete
 the name of the legal entity, its business and identification number (further - the BIN),
 the address of the legal entity who is the owner of the right of subsurface use) (further – the Pledger)

on behalf of
__________________________________________________________
 (position, surname, name and middle name (in case of its availability) completely), acting
on the basis ____________________________ (document type, date and number)
                 (for legal entities),
________________________________________________________________
(full name of competent authority in the field of hydrocarbons,

the pledge signing the agreement, the BIN _____________________, the location,

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