ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of April 10, 2024 No. 266

About approval of Rules of approval of acquisition or other obtaining in property physical persons and legal entities more than 10 percent of voting shares, and also shares, shares of the organization owning and (or) performing activities for management or operation of the communication line as the operator of long distance and (or) international telecommunication

According to subitem 4-1) of article 13 of the Law of the Republic of Kazakhstan "About homeland security of the Republic of Kazakhstan" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of approval of acquisition or other obtaining in property by physical persons and legal entities more than 10 percent of voting shares, and also shares, shares of the organization owning and (or) performing activities for management or operation of the communication line as the operator of long distance and (or) international telecommunication.

2. Declare invalid the order of the Government of the Republic of Kazakhstan of October 21, 2004 No. 1085 "About approval of Rules of approval of acquisition in property by physical persons and legal entities of shares, shares, shares in the organizations performing activities in the field of telecommunications".

3. This resolution becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of April 10, 2024 No. 266

Rules of approval of acquisition or other obtaining in property physical persons and legal entities more than 10 percent of voting shares, and also shares, shares of the organization owning and (or) performing activities for management or operation of the communication line as the operator of long distance and (or) international telecommunication

Chapter 1. General provisions

1. These rules of approval of acquisition or other obtaining in property by physical persons and legal entities more than 10 percent of voting shares, and also shares, shares of the organization owning and (or) performing activities for management or operation of the communication line as the operator of long distance and (or) international telecommunication (further - Rules), are developed according to subitem 4-1) of article 13 of the Law of the Republic of Kazakhstan "About homeland security of the Republic of Kazakhstan" and determine procedure for approval of acquisition or other obtaining in property by physical persons and legal entities more than 10 percent of voting shares, and also shares, shares of the organization owning and (or) performing activities for management or operation of the communication line as the operator of long distance and (or) international telecommunication.

2. The basic concepts used in these rules:

1) communication lines - transmission lines (cable, radio relay, satellite and others), physical chains and linearly - cable constructions of communication, including main (international and long-distance);

2) the operator of long distance and (or) international telecommunication - the operator of fixed telephony owning and (or) operating intercity and international communication lines, long-distance and international switching stations and providing services of long distance and international telephone communication in transit of traffic and provision of network resources to other telecom operators;

3) bodies of homeland security of the Republic of Kazakhstan (further - bodies of homeland security) - the special state bodies directly subordinate and accountable to the President of the Republic of Kazakhstan which are component of system of safety of the Republic of Kazakhstan;

4) the main communication line - land (cable, including fiber-optical, radio relay) or the satellite communication line connecting zone (long-distance) and (or) international switching stations of networks of telecommunications of the Republic of Kazakhstan and foreign states;

5) the applicant - physical person or legal entity, intended to acquire or to otherwise receive in property more than 10 percent of voting shares, and also shares, shares of the organization owning and (or) performing activities for management or operation of the communication line as the operator of long distance and (or) international telecommunication;

6) the petition - the application of physical person or legal entity directed to authorized body in the field of communication (further - authorized body) for review acquisition or other obtaining in property more than 10 percent of voting shares, and also shares, shares of the organization owning and (or) performing activities for management or operation of the communication line as the operator of long distance and (or) international telecommunication;

7) group of applicants - set of physical and (or) legal entities who jointly as a result of the agreement have or more than 10 percent of voting shares, and also shares, shares of the organization owning and (or) performing activities for management or operation of the communication line as the operator of long distance and (or) international telecommunication acquire the right to approval of acquisition or other obtaining in property by physical persons and legal entities.

3. Encumbrance of the main communication lines which are strategic objects, the third party rights or their alienation are possible based on the decision of the Government of the Republic of Kazakhstan on issue of permission and according to the procedure, determined by the Law of the Republic of Kazakhstan "About state-owned property".

Chapter 2. Procedure for approval of acquisition or other obtaining in property physical persons and legal entities more than 10 percent of voting shares, and also shares, shares of the organization owning and (or) performing activities for management or operation of the communication line as the operator of long distance and (or) international telecommunication

4. For review acquisition or other obtaining in property by physical persons and legal entities more than 10 percent of voting shares, and also shares, shares of the organization owning and (or) performing activities for management or operation of the communication line as the operator of long distance and (or) international telecommunication (further - the transaction), the applicant sends to authorized body the petition in paper and (or) electronic form according to appendix to these rules by available methods (through information systems, mailings, Internet resources of state body).

5. The following documents are attached to the petition:

copies of constituent documents, the charter of the legal entity of the applicant or group of applicants if share acquisition, share, shares is performed by group of applicants;

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