I.O'S ORDER. MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of May 15, 2024 No. 160

About modification and amendments in the order of the acting minister of agricultural industry of the Republic of Kazakhstan of July 23, 2018 No. 317 "About approval of Rules of subsidizing on compensation of part of the expenses suffered by the subject of agro-industrial complex in case of investment investments"

I ORDER:

1. Bring in the order of the acting minister of agricultural industry of the Republic of Kazakhstan of July 23, 2018 No. 317 "About approval of Rules of subsidizing on compensation of part of the expenses suffered by the subject of agro-industrial complex in case of investment investments" (it is registered in the Register of state registration of regulatory legal acts No. 17320) the following changes and amendments:

in Rules of subsidizing on compensation of part of the expenses incurred by the subject of agro-industrial complex in case of the investment investments approved by the specified order:

state Item 3 in the following edition:

"3. Subsidizing of costs for installation and construction works is performed according to the investment projects providing achievement of indicators on performance and/or productivity and/or sales volumes of products and/or utilization of capacity according to the business plan of the project.

At the same time, within creation new or expansions of the operating production capacities investment subsidizing of reconstruction of object according to passports of the projects specified in appendix 3 to these rules is allowed.

If the investment project provides only acquisition and installation of separate types of the equipment without development of the design estimates, the acquired equipment in the limits set the maximum allowable cost for calculation of subsidies for expansion per unit of capacity and share of compensation of investment investments from equipment cost according to purchase and sale agreements (leasing), delivery agreements and (or) installation of equipment, and also to related documents (the customs declaration, invoices, documents confirming payment) is subject to subsidizing.

Subsidizing on line items 1.1, 13.1, 29.1, 29.2.1 of the passport of the project No. 1 "Acquisition of agricultural machinery, machines and the equipment" is performed only in the presence of the agreement on industrial assembly on brand of agricultural machinery.

Availability of the agreement on industrial assembly on brand of agricultural machinery is confirmed by the producer of agricultural machinery.";

add with Item 14-1 of the following content:

"14-1. In case of non receipt by the investor (uslugopoluchatel) of subsidies (in case of non-use of the electronic invoice for receipt of measures of the state support), according to the address of the investor (uslugopoluchatel) the working body (service provider) by means of GISS within 5 (five) working days performs unblocking of electronic invoices.";

state Item 17 in the following edition:

"17. According to requests of the current financial year in the presence of funds for payment of investment subsidies from the local budget in the current financial year according to the decision of the administrator increase in share of compensation of investment investments according to the following passports of projects is admissible:

to 50 (fifty) %:

according to the passport of the project No. 1 "Acquisition of agricultural machinery, machines and the equipment" for agricultural cooperatives on the following line items: 1.1; 13.3; 14; 19; 20; 21; 23; 24; 25; 26; 29; 30; 34; 36;

according to the passport of the project No. 1.1 "Acquisition of priority farm vehicles and the equipment" for agricultural cooperatives on the following line items: 1-1.10 and 3.1-3.4; 4.

according to the passport of the project No. 8 "Creation and expansion of milk-processing object, creation of molokopriyemny Items, acquisition of the machinery and equipment for agricultural cooperatives, procurement organizations, molokopriyemny Items and the milk-processing companies" for agricultural cooperatives.

At the same time, one agricultural cooperative can receive investment subsidies for the acquired (acquired) equipment, machines and the equipment, to:

three tractors with the corresponding number of the trailing and hinged equipment;

two combine harvesters and corresponding number of the hinged and trailing equipment;

two cars for transportation of goods of agricultural purpose and trail car dumping.

For agricultural cooperatives the requirement for the minimum standard rate of one piece of equipment does not extend (hectare / the conditional head of cattle;

to 80 (eighty) %:

according to the passport of the project No. 11 "Implementation of water saving technologies of irrigation with creation and expansion of infrastructure for fence and water supply".";

state Item 20 in the following edition:

"20. In case of use by the investor (uslugopoluchatel) of own means the amount of investment subsidies is transferred by working body (service provider) into the settlement account of the investor (uslugopoluchatel).

In case of acquisition of the equipment, machines, the equipment and other objects in credit/leasing investment subsidies are listed in financial institution on account of repayment of principal debt of the investor (uslugopoluchatel).

For subjects of the AIC receiving investment subsidies, provision of the statistical reporting, since 2020 on investments into fixed capital of agricultural industry and production of food will be the counter obligation.";

state Item 23 in the following edition:

"23. For receipt of subsidies the investor (uslugopoluchatel) submits the application for investment subsidizing in form according to appendix 4 to these rules, with attachment of the following to it supporting, title and/or registration documents in the electronic format "PDF (Portable Document Format" (the scanned copy of the investor (uslugopoluchatel) of paper option signed and assured by seal (in the presence)):

1) copies of the acceptance act of subject of the investment project in operation (during creation of new production capacities or expansion of operating) or the act of commissioning of start-up complex or queue of the investment project (in the cases specified in Item 15 of these rules) according to the form of the acceptance act of object in operation approved by the order of the Minister of investments and development of the Republic of Kazakhstan of April 24, 2017 No. 234 (it is registered in the Register of state registration of regulatory legal acts No. 15141) (further – form of the acceptance act of object in operation), and also according to Item 2 of article 73 of the Law of the Republic of Kazakhstan "About architectural, town-planning and construction activities in the Republic of Kazakhstan" (further – the Law on architectural, town-planning and construction activities);

2) copies of the act of input of the equipment in operation between the buyer and the supplier (in case of acquisition of the equipment);

3) copies of purchase and sale agreements, electronic and/or paper invoices (except for the programs of preferential financing provided without joint financing from investing party (uslugopoluchatel) through the subsidiary and dependent companies of national managing holding in the field of agro-industrial complex) on goods purchased, works, services, confirmatory investment investments on creation new or expansion of the operating production capacities, documents confirming payment;

4) copies of the design estimates having positive experimental testimony of projects according to Article 60 and Chapter 9-1 of the Law on architectural, town-planning and construction activities (according to passports of projects according to which subsidizing according to the design estimates is provided);

5) copies of delivery-acceptance certificates of the equipment, machines, equipment;

6) the copies of credit/leasing agreements certified by financial institution in case of implementation of investment investments at the expense of the raised funds of financial institutions;

7) in case of application for receipt of the second tranche according to the subitem 2) of Item 16 of these rules the investor (uslugopoluchatel) attaches supporting documents in the electronic format "PDF (Portable Document Format)" (the scanned copy of paper option):

business plan;

electronic invoices on realization of finished goods;

8) copies of the certificate on statement on registration VAT accounting (for subjects of the AIC staying on registration VAT accounting).

9) according to the passport of the project No. 4 and in case of direct (primary) intake of water from superficial or underground sources according to the passport of the project No. 11 in addition:

the copy of the permission to special water use got according to the Rules of rendering the state service "Permission to Special Water Use" approved by the order of the acting minister of ecology, geology and natural resources of the Republic of Kazakhstan of September 11, 2020 No. 216 "About approval of rules of rendering the state services of regulation of use of water fund" (it is registered in the Register of state registration of regulatory legal acts No. 21194);

10) according to the passport of the project No. 4 in addition:

the copy of the document confirming state registration of the rights to water management construction;

on wells (wells) for arid zones – the copy of data on high-quality condition of the parcel of land with indication of aridity of zones;

the copy of technical data sheet of water well in form according to the order of the Minister of Agriculture of the Republic of Kazakhstan of June 4, 2009 No. 326 "About approval of Rules of carrying out certification of hydromeliorative systems and water management constructions and passport form" (it is registered in the Register of state registration of regulatory legal acts No. 5714);

copies of electronic invoices, payment documents confirming the fact of payment by the investor (uslugopoluchatel) of services of contract organization in construction and drilling of wells (wells), and also cost of pipes with indication of its thickness and diameter;

the copy of the signed contract with the contractor;

copies of the license of the contractor for installation and construction works on subspecies drilling operations in soil, and also on prospecting activities for subspecies field surveys of soil, hydrogeological researches;

11) the reference of financial institution with indication of detail of the account of the investor (uslugopoluchatel) for transfer of investment subsidies in case of use by the investor (uslugopoluchatel) of own means;

12) the reference of financial institution with indication of detail of the account of financial institution for transfer of investment subsidies on account of repayment of principal debt of the investor (uslugopoluchatel).";

add with Item 30-1 of the following content:

"30-1. In case of the introduction in inheritance rights heir(s), the heir (-and) by means of GISS sends to working body (service provider) the notification on introduction of amendments to the agreement of investment subsidizing in form according to appendix 13-1 to these rules.

Based on the received notification the working body (service provider) within 2 (two) working days creates the supplementary agreement to the agreement of investment subsidizing regarding adjustment of data of the investor. The supplementary agreement is the basis for subsidizing renewal.";

state Item 32 in the following edition:

"32. In case of the planned acquisition by the investor (uslugopoluchatel) of the equipment, machines, the equipment in credit/leasing transfer of investment subsidies by advance payment to the financial institution having the license of authorized body on regulation, control and supervision of the financial market and the financial organizations on carrying out banking activities according to the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" (further – the Law on banks and banking activity), or to the financial institution having the license for implementation of microfinancial activities, for the special account is performed.

At the same time according to the requests considered within:

1) passports of projects No. 1, No. 1.1, No. 2, No. 3, No. 6, No. 8, No. 13, No. 14 feasibility of use of the mechanism of transfer of investment subsidies advance payment to the financial institution having the license of authorized body on regulation, control and supervision of the financial market and the financial organizations on carrying out banking activities according to the Law on banks and banking activity, or to the financial institution having the license for implementation of microfinancial activities, for the special account is determined by the investor (uslugopoluchatel) that is reflected in the request for investment subsidizing;

2) passports of projects No. 4, No. 5, No. 7, No. 9, No. 10, No. 11, No. 12, No. 15, No. 16, No. 17, No. 18, No. 19, No. 20, No. 21, No. 22, No. 23, No. 24, No. 25, No. 26, No. 27, No. 27.1, No. 28, No. 29, No. 30, No. 31 feasibility of use of the mechanism of transfer of investment subsidies advance payment to the financial institution having the license of authorized body on regulation, control and supervision of the financial market and the financial organizations on carrying out banking activities according to the Law on banks and banking activity, or to the financial institution having the license for implementation of microfinancial activities, for the special account is determined by working body (service provider).";

state Item 34 in the following edition:

"34. In case of financing of the investor (uslugopoluchatel) by representation of the credit, the financial institution having the license of authorized body on regulation, control and supervision of the financial market and the financial organizations on carrying out banking activities according to the Law on banks and banking activity or the financial institution having the license for implementation of microfinancial activities within 10 (ten) working days from the date of receipt of investment subsidies for the special account performs issuance of credit to the investor (uslugopoluchatel), and submits supporting documents, the copy of the credit agreement to working body (service provider).

The financial institution having the license of authorized body on regulation, control and supervision of the financial market and the financial organizations on carrying out banking activities according to the Law on banks and banking activity or the financial institution having the license for implementation of microfinancial activities, in time no more than 360 (three hundred sixty) calendar days from the date of signing of the tripartite contract and agreement on non-use by the financial institution having the license of authorized body on regulation, control and supervision of the financial market and the financial organizations on carrying out banking activities according to the Law on banks and banking activity or the financial institution having the license for implementation of microfinancial activities of money on the special account sends to working body (service provider) the written notice of completion of delivery of the equipment, machines and (or) the equipment to the investor (uslugopoluchatel) with application of a copy of acts of acceptance - transfers of the equipment, machines, the equipment between the buyer and the supplier, the supplementary agreement to the credit agreement (in the presence) and the agreement on target use and not alienation of the acquired equipment, machines and the equipment on form according to appendix 13 to these rules.

At the same time the financial institution having the license of authorized body on regulation, control and supervision of the financial market and the financial organizations on carrying out banking activities according to the Law on banks and banking activity or the financial institution having the license for implementation of microfinancial activities cannot use the means which are on the special account before execution of the requirements provided by part two of this Item.

According to requests of investors (uslugopoluchatel) according to which the final amount according to the credit agreement actually was less specified in the agreement of subsidizing the working body (service provider) performs recalculation of subsidies, reveals difference amount (excessively transferred funds for the special account) and in time the notification sends no more than 3 (three) working days to the financial institution having the license of authorized body on regulation, control and supervision of the financial market and the financial organizations on carrying out banking activities according to the Law of the Republic of Kazakhstan on banks and banking activity or the financial institution having the license for implementation of microfinancial activities about need of recovery of difference amount (excessively transferred funds for the special account) on the settlement account of working body (service provider).

The financial institution having the license of authorized body on regulation, control and supervision of the financial market and the financial organizations on carrying out banking activities according to the Law on banks and banking activity or the financial institution having the license for implementation of microfinancial activities in time of no more than 3 (three) working days from the date of receipt of the notification from working body (service provider) recovers funds for the settlement account of working body (service provider) in the amount of, specified in the notification.

According to requests of investors (uslugopoluchatel) according to which the final amount according to the credit agreement actually exceeds the most allowable cost for calculation of subsidies recalculation of subsidies is not performed.";

state Item 38 in the following edition:

"38. Monitoring of investment subsidizing is performed within 3 (three) years from the moment of subsidizing by working body (service provider) in GISS by the following criteria:

1) quarterly regarding not alienation and target use by the investor (uslugopoluchatel) of the acquired equipment, machines and the equipment;

2) according to passports of projects No. 7, No. 8 (on the milk-processing plant), No. 10, No. 18, No. 19, No. 24, No. 25, No. 26, No. 27, No. 27.1, No. 28, No. 29 regarding: action/failure to act of subject to investment subsidizing at least 1 (one) time a year from the moment of commissioning, achievement/not achievement of exit of subject to investment subsidizing to design capacity in the amount of at least 50 (fifty) % of general design capacity of the terms provided by the business plan;

3) at least 1 (one) time a year regarding execution of achievement of indicators on performance and/or productivity and/or sales of products and/or utilization of capacity according to the business plan of investment projects according to which subsidizing of installation and construction works according to part one of Item 3 of these rules is performed;

4) at least 1 (one) time a year regarding commissioning (in the terms specified in the business plan), action/failure to act, not alienation, target use of the objects pro-subsidized within the mechanism on transfer of subsidies with advance payment into the special account;

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