ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of November 4, 2024 No. 371

About introduction of amendments to the order of the acting minister of agricultural industry of the Republic of Kazakhstan of December 20, 2023 No. 443 "About approval of Rules of microcredit in rural settlements and the small cities"

I ORDER:

1. Bring in the order of the acting minister of agricultural industry of the Republic of Kazakhstan of December 20, 2023 No. 443 "About approval of Rules of microcredit in rural settlements and the small cities" (it is registered in the Register of state registration of regulatory legal acts No. 33792) the following changes:

state heading in the following edition:

"About approval of Rules of microcredit and leasing in rural settlements and the small cities";

state Item 1 in the following edition:

"1. Approve the enclosed Rules of microcredit and leasing in rural settlements and the small cities.";

The rules of microcredit in rural settlements and the small cities approved by the specified order to be reworded as follows according to appendix to this order.

2. To provide to department of financial instruments and microcredit of the Ministry of Agriculture of the Republic of Kazakhstan in the procedure established by the legislation:

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 Ministry of Agriculture of the Republic of Kazakhstan.

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

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

It is approved Agency on protection and development of the competition of the Republic of Kazakhstan

It is approved Ministry of Finance of the Republic of Kazakhstan

It is approved Bureau of national statistics of the Agency on strategic planning and reforms of the Republic of Kazakhstan

It is approved Ministry of national economy of the Republic of Kazakhstan

It is approved Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

Appendix

to the Order of the Minister of Agriculture of the Republic of Kazakhstan of November 4, 2024 No. 371

Approved by the Order of the acting minister of agricultural industry of the Republic of Kazakhstan of December 20, 2023 No. 443

Rules of microcredit and leasing in rural settlements and the small cities

Chapter 1. General provisions

1. These rules of microcredit and leasing in rural settlements and the small cities (further – Rules) are developed according to Item 2 of article 94 of the Entrepreneurial code of the Republic of Kazakhstan, the subitem 2) of Item 3 of article 16 of the Law of the Republic of Kazakhstan "About the state statistics" and subitem 49-1) of Item 15 of the Regulations on the Ministry of Agriculture of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of April 6, 2005 No. 310, and determine procedure for microcredit and leasing in rural settlements and the small cities.

2. In these rules the following concepts are used:

1) authorized body in the field of development of agro-industrial complex – the state body performing state regulation in the field of development of agro-industrial complex;

2) information system of microcredit and leasing of rural settlements (further – information system) – the digital platform intended for submission of the electronic request for receipt of microcredit/leasing, and also automation of activities of the confided (agent) in case of microcredit of projects and leasing of agricultural machinery and the equipment in rural settlements and the small cities;

3) agricultural machinery – wide range of the technical means intended for performance improvement of work in agricultural industry by mechanization, electrification and automation of separate transactions or processes;

4) close relatives are parents (parent), children, adoptive parents (adopters), the adopted (adopted), full and not full brothers and sisters, the grandfather, the grandmother, grandsons;

5) the unemployed – the physical person performing job search and ready to get to work;

6) the confided (agent) – person who on the basis of the agreement of the order makes from name and at the expense of the creditor (principal) or the administrator of the budget program and according to its instructions the certain orders connected with budget crediting;

7) the beginning entrepreneur – the entrepreneur whose term of state registration as the individual entrepreneur or the legal entity constitutes at the time of the address to the confided (agent) behind the microcredit less than three years.

Chapter 2. Procedure for microcredit and leasing in rural settlements and the small cities

3. Applicants for receipt of the microcredits within scaling of the project on increase in the income of rural population are physical persons and legal entities of rural settlements (regardless of their administrative subordination) and the small cities:

1) unemployed;

2) persons which are independently performing activities for production (realization) of goods, performance of works and rendering services for the purpose of commercialization without state registration as the individual entrepreneur, and (or) the idle individual entrepreneurs;

3) persons performing unpaid activities in family entrepreneurship;

4) persons which are independently performing activities for production in personal subsidiary farm for sale (exchange) with the income is lower than the size of subsistence minimum;

5) the agricultural cooperatives performing activities according to the Law of the Republic of Kazakhstan "About agricultural cooperatives" (further – agricultural cooperative);

6) the beginning and acting individual entrepreneurs.

Applicants for receipt of leasing of agricultural machinery and the equipment within these rules are agricultural cooperatives.

4. The local executive body of area performing functions in the field of agricultural industry (further – local executive body), proceeding from needs of rural settlements and the small cities, their potential, availability of the free pasturable grounds, the markets and other factors influencing successful projects implementation determines the priority directions of microcredit of projects of each rural settlement and each small city. At the same time on microcredit of projects on acquisition of farm animals the direction no more than 50 (fifty) percent from allocated funds on the program is allowed. On leasing of agricultural machinery and the equipment for agricultural cooperatives the direction no more than 20 (twenty) percent of funds from allocated funds for the program is allowed.

Local executive bodies on the terms of joint financing allocate additional resources from the local budget at least means allocated from the republican budget for financing of leasing of agricultural machinery and the equipment within these rules.

5. The microcredits issued within scaling of the project on increase in the income of rural population and leasing for acquisition of agricultural machinery and the equipment are provided through the confided (agent).

6. The confided (agent) is determined by local executive body according to the budget legislation of the Republic of Kazakhstan.

7. For the purpose of microcredit of persons specified in Item 3 of these rules within scaling of the project on increase in the income of rural population and provision in leasing of agricultural machinery and the equipment to agricultural cooperatives, the budget credit is granted with the following provisions:

1) for 10 (ten) years on the principles of recoverability, security, urgency and the paid nature, with annual rate of remuneration of 0,01 (zero whole one 100-th) percent;

2) purpose of budget credit:

microcredit of applicants for projects implementation, including acquisition of agricultural machinery and the equipment in rural settlements and the small cities;

leasing on acquisition of agricultural machinery and the equipment;

3) grace period on repayment of principal debt no more than 28 (twenty eight) months;

The period of development of budget credit constitutes 4) 12 (twelve) months and is estimated from the moment of transfer of budget credit to local executive body.

For the purpose of realization of these provisions the administrator of the budget program after approval of the relevant budget sends to the central authorized body on budget implementation, for the subsequent approval, the main conditions of budget crediting.

8. The local executive body provides means of budget credit under the agreement of the order to the confided (agent) according to the budget and civil legislation of the Republic of Kazakhstan.

Means of budget credit are transferred to the confided (agent) into the control account of cash of the operator of financial and (or) non-financial support opened in the central authorized body on budget implementation.

9. The microcredits are provided to applicants with respect for the principles of urgency, the paid nature, recoverability, security, target use with the following provisions:

1) microcredit term – up to 5 (five) years, microcredit term for projects in the field of livestock production – up to 7 (seven) years;

2) maximum amount of the microcredit – to 2500 (two thousand five hundred) monthly settlement indicators, for development of agricultural cooperatives – to 8 000 (eight thousand) monthly settlement indicators.

In case of repeated crediting of the applicants who completely fulfilled obligations on earlier received microcredit, the size of maximum amount of the microcredit increases to 8 000 (eight thousand) monthly settlement indicators. At the same time, the microcredits are issued at the expense of the returned means of applicants of the program, but not earlier than 1/2 (one second) parts of the maximum term of the microcredit;

3) nominal rate of remuneration – no more 2,5 of % (two whole five tenth) annual interest rates;

4) availability of mortgage providing;

5) grace period on repayment of principal debt and remuneration – no more than 1/3 (one third) microcredit term durations;

6) registration in bodies of state revenues according to the tax legislation of the Republic of Kazakhstan as the individual entrepreneur after receipt of approval on microcredit. At the same time, data on registration in bodies of state revenues as the individual entrepreneur are reflected in information system within 10 (ten) calendar days after registration.

Methods of providing the microcredits are specified in the agreement of the order concluded between local executive body and the confided (agent).

10. Leasing it are provided to applicants with the following provisions:

1) the term of leasing of agricultural machinery and the equipment – up to 5 (five) years;

2) the maximum cost of subject of leasing (agricultural machinery and the equipment) – to 8 000 (eight thousand) monthly settlement indicators;

3) nominal rate of remuneration – no more 2,5 of % (two whole five tenth) annual interest rates;

4) grace period on repayment of principal debt and remuneration – no more than 1/3 (one third) durations of term of leasing of agricultural machinery and the equipment.

New, earlier unused agricultural machinery and the equipment is subject to leasing.

11. The confided (agent) does not charge any fees, charges and/or other payments connected with microcredit/leasing of applicants, except for the commissions, charges and/or other payments levied for cause of infringement by applicants of obligations of the agreement on microcredit/leasing, at the same time the size of such commissions, charges and/or other payments is previously in writing approved with local executive body.

Remuneration payment to the confided (agent) for agreement performance of the order is performed by local executive body at the expense of means of the local budget.

The amount of payment of remuneration for execution by the confided (agent) of orders is determined by local executive body and established in the agreement of the order.

12. The confided (agent) at the expense of the means returned by applicants on earlier issued microcredits/lysinedin, performs repeated microcredit of applicants and provision of leasing to agricultural cooperatives on conditions according to Items 9 and 10 of these rules for term not exceeding duration of the agreement of the order concluded between local executive body and the confided (agent).

13. The main selection criteria of projects for receipt of the microcredits within scaling of the project on increase in the income of rural population are:

1) project compliance to the priority directions;

2) creation of permanent workplaces;

3) for physical persons – availability of permanent registration at the place of residence at least 12 (twelve) months (for date of application for microcredit) in the rural settlement or in the small city where project implementation is planned;

for individual entrepreneurs / for legal entities – availability of state registration in the location of the individual entrepreneur / the legal entity in the rural settlement or in the small city where project implementation is planned;

4) acquisition of new, earlier unused equipment, equipment.

14. The microcredits are not provided on the following purposes:

1) acquisition of passenger vehicles;

2) acquisition of farm animals at close relatives;

3) acquisition and/or construction of buildings, rooms, apartment houses for their subsequent leasing.

15. For receipt of microcredit/leasing applicants address the confided (agent) with the list of documents for receipt of microcredit/leasing according to appendix 1 to these rules in electronic form by means of information system.

The electronic request for receipt of microcredit/leasing moves through personal account of information system by filling of the respective fields and loading of the electronic documents specified in appendix 1 to these rules.

Data (data) specified in the loaded documents prove to be true as a result of information exchange of information system with the state databases "Legal Entities" or "Physical persons", with information system of the single State Immovable Property Cadastre, the database on identification of farm animals, subsystem "State registration of agricultural machinery" of information system "Single automated control system for industries of agro-industrial complex "e-Agriculture".

The electronic request for receipt of microcredit/leasing is registered in information system by its signing by the digital signature of the applicant and becomes available in information system to the confided (agent) for consideration.

16. The review period the confided (agent) of contents of documents and data, provided by the applicant for receipt of microcredit/leasing, constitutes 3 (three) working days from the date of document registration.

In case of discrepancy of the documents and data containing in them, to microcredit/leasing conditions, the confided (agent) directs to the applicant motivated refusal with indication of specific causes of failure in further review of documents.

The motivated refusal in further review of documents goes in electronic form to personal account of the applicant through information system.

17. In case of compliance of the documents and data containing in them, to microcredit conditions, the confided (agent) within 15 (fifteen) working days from the date of document registration of the applicant carries out assessment of the introduced draft and makes the decision on approval, or on refusal in provision of the microcredit.

In case of compliance of the documents and data containing in them, to leasing conditions, the confided (agent) within 15 (fifteen) working days from the date of document registration of the applicant makes the decision on approval, or on refusal in leasing provision.

The decision on approval, or on refusal in microcredit/leasing provision, goes through information system.

In case of approval in provision of the microcredit, the confided (agent) within 5 (five) working days after registration of the agreement of pledge in authorized body, transfers the amount of the microcredit into the current account of the applicant.

In case of approval in leasing provision, the confided (agent) within 5 (five) working days acquires in property at the seller agricultural machinery and the equipment for transfer to her applicant (leasing recipient) on terms of the contract of leasing.

18. The local executive body through the confided (agent) performs monitoring of target use of means of the microcredit and subject of leasing with use of information system.

19. The confided (agent) monthly, till the 5th following reporting submits in local executive body the report on target use of the microcredits on form according to appendix 2 to these rules and the report on target use of the microcredits by agricultural cooperatives on form according to appendix 3 to these rules and the report on target use of leasing by agricultural cooperatives on form according to appendix 4 to these rules.

The local executive body monthly, till the 10th following reporting represents to authorized body in the field of development of agro-industrial complex the report on target use of the microcredits on form according to appendix 2 to these rules and the report on target use of the microcredits by agricultural cooperatives on form according to appendix 3 to these rules and the report on target use of leasing by agricultural cooperatives on form according to appendix 4 to these rules.

Appendix 1

to Rules of microcredit and leasing in rural settlements and the small cities

The list of documents for receipt of microcredit/leasing

№ of payment order	Name of the document	Type of documents/data	Note
1.	The questionnaire - the request for receipt of microcredit/leasing according to internal documents of the confided (agent)	original / electronic document
2.	Identity document	the copy / the electronic copy of the document/data in electronic format received from the state databases
3.	The consent of the subject of credit history to provision of information on him in credit bureau, and also on issue of the credit report to the receiver of the credit report	original / electronic document
4.	The consent of the subject to provision and receipt of information, data on the issued microcredit/leasing and all data on execution/non-execution of agreement obligations on provision of microcredit/leasing in state (including law-enforcement and authorized body in the field of the state statistics) / non-state bodies, mass media	original / electronic document	it is provided after approval mikrocredita/ leasing
5.	The consent of pledgers on transfer to pledge of property which is drawn up according to the legislation of the Republic of Kazakhstan and internal documents of the confided (agent)	original	it is provided after approval of the microcredit
6.	References from the servicing bank on availability of the account and about availability of the loan debt including delayed from the financial organizations (in the presence of the credits)	the original (it is provided after approval of the microcredit) the electronic document the original (the copy verified with the original the authorized person for up to 30 calendar days from the date of issue is allowed) / data in electronic format from credit bureau
7.	Valuation report	original / electronic document	it is provided after approval of the microcredit
8.	Documents on the pledger and mortgage providing	the copy / electronic data from the state databases	it is provided after approval of the microcredit copies of documents are verified with the original

Appendix 2

to Rules of microcredit and leasing in rural settlements and the small cities

Form

The form intended for collection of administrative data

It is represented: in the local executive body of area performing functions in the field of agricultural industry and in authorized body in the field of development of agro-industrial complex

The form of administrative data is placed on Internet resource: www.gov.kz

Report on target use of the microcredits

Index of form of administrative data: form No. 1-MK

Frequency: monthly

Accounting period: ________ month 20 __ years

The group of people, providing information: the confided (agent), the local executive body of area performing functions in the field of agricultural industry

Term of representation of form of administrative data:

the confided (agent) in the local executive body of area performing functions in the field of agricultural industry, monthly till the 5th following the accounting period;

the local executive body of area performing functions in the field of agricultural industry in authorized body in the field of development of agro-industrial complex monthly, till the 10th following the accounting period.

№ of payment order	Name of the borrower	Individual identification number / business and identification number	Place of project implementation
			area	code on the qualifier of administrative-territorial objects	area	registration code of the address	rural district	registration code of the address	village	registration code of the address
1	2	3	4	5	6	7	8	9	10	11

continuation of the table

direction of the project	category of the borrower	the made products/service	date of issue of the microcredit	microcredit term	amount of the microcredit (tenge)
12	13	14	15	16	17

continuation of the table

Rate of remuneration, %	Economy industry with indication of code on the general qualifier of types of economic activity (OKED)	Beginners, the acting entrepreneurs	Participant status of agricultural cooperative	Business and identification number of agricultural cooperative in which is participant	Quantity of the created workplaces, units
18	19	20	21	22	23

The explanation on filling of the form intended for collection of the administrative data "Report on Target Use of the Microcredits" is given in appendix to this form.

Наименование_____________________________________________________

Адрес____________________________________________________________

Телефон__________________________________________________________

Address electronic почты___________________________________________

The head or person fulfilling its duties ______________________________________
                                                                                   (signature/digital signature)

______________________________________
   (surname, name, middle name (in case of its availability)

Appendix

to the form intended for collection of the administrative data "Report on Target Use of the Microcredits"

The explanation on filling of the form intended for collection of the administrative data "Report on Target Use of the Microcredits"

Chapter 1. General provisions

1. This explanation determines single requirements for filling of the form intended for collection of the administrative data "Report on Target Use of the Microcredits" (further – the Form).

2. The form is signed by the head, or person fulfilling its duties with indication of its surname and initials.

3. The form is filled in the state and Russian languages.

Chapter 2. The explanation on filling of the Form

4. In column 1 of the Form the sequence number is specified.

5. In column 2 of the Form the name of the borrower is specified.

6. In column 3 of the Form individual identification number / business and identification number of the borrower is specified.

7. In columns 4, of 6, 8 and 10 Forms are specified the place of project implementation (the area, the area, the rural district, the village).

8. In columns 5, of 7, 9 and 11 Forms are specified code on the qualifier of administrative-territorial objects, registration code of the address (the area, the area, the rural district, the village).

9. In column 12 of the Form the direction of the project is specified.

10. In column 13 of the Form the category of the borrower is specified.

11. In column 14 of the Form the made products/service are specified.

12. In column 15 of the Form date of issue of the microcredit is specified.

13. In column 16 of the Form microcredit term is specified.

14. In column 17 of the Form the amount of the microcredit (tenge) is specified.

15. In column 18 of the Form the remuneration rate is specified.

16. In column 19 of the Form the economy industry with indication of code on the general qualifier of types of economic activity (OKED) is specified.

17. In column 20 of the Form the quantity of beginners and the acting entrepreneurs is specified.

18. In column 21 of the Form the participant status of agricultural cooperative is specified.

19. In column 22 of the Form business and identification number of agricultural cooperative in which is participant is specified.

20. In column 23 of the Form the quantity of the created workplaces is specified.

Appendix 3

to Rules of microcredit and leasing in rural settlements and the small cities

Form

The form intended for collection of administrative data

It is represented: in the local executive body of area performing functions in the field of agricultural industry and in authorized body in the field of development of agro-industrial complex

The form of administrative data is placed on Internet resource: www.gov.kz

Report on target use of the microcredits by agricultural cooperatives

Index of form of administrative data: form No. 2-MK

Frequency: monthly

Accounting period: ________ month 20 __ years

The group of people, providing information: the confided (agent), the local executive body of area performing functions in the field of agricultural industry.

Term of representation of form of administrative data:

the confided (agent) in the local executive body of area performing functions in the field of agricultural industry, monthly till the 5th following the accounting period;

the local executive body of area performing functions in the field of agricultural industry in authorized body in the field of development of agro-industrial complex monthly, till the 10th following the accounting period

№ payment order	Place of project implementation								name of the borrower	business and identification number	type of activity on the General qualifier of types of economic activity (OKED)
	area	code on the qualifier of administrative-territorial objects	area	registration code of the address	rural district	registration code of the address	village	registration code of the address
1	2	3	4	5	6	7	8	9	10	11	12

continuation of the table

amount of the microcredit, tenge	microcredit term	target direction of the microcredit	participant status of agricultural cooperative	the made products/service	quantity of the created workplaces, units	number of members of agricultural cooperative, units
13	14	15	16	17	18	19

The explanation on filling of the form intended for collection of the administrative data "Report on Target Use of the Microcredits by Agricultural Cooperatives" is given in appendix to this form.

Наименование_____________________________________________________

Адрес____________________________________________________________

Телефон__________________________________________________________

Address electronic почты___________________________________________

The head or person fulfilling its duties ______________________________________
                                                                                 (signature/digital signature)

______________________________________
   (surname, name, middle name (in case of its availability))

Appendix

to the form intended for collection of the administrative data "Report on Target Use of the Microcredits by Agricultural Cooperatives"

The explanation on filling of the form intended for collection of the administrative data "Report on Target Use of the Microcredits by Agricultural Cooperatives"

Chapter 1. General provisions

1. This explanation determines single requirements for filling of the form intended for collection of the administrative data "Report on Target Use of the Microcredits by Agricultural Cooperatives" (further – the Form).

2. The form is signed by the head, or person fulfilling its duties with indication of its surname and initials.

3. The form is filled in the state and Russian languages.

Chapter 2. The explanation on filling of the Form

4. In column 1 of the Form the sequence number is specified.

5. In the column 2, of 4, 6 and 8 Forms are specified the place of project implementation (the area, the area, the rural district, the village).

6. In columns 3, of 5, 7 and 9 Forms are specified code on the qualifier of administrative-territorial objects, registration code of the address (the area, the area, the rural district, the village).

7. In column 10 of the Form the name of the borrower is specified.

8. In column 11 of the Form business and identification number is specified.

9. In column 12 of the Form the type of activity on the General qualifier of types of economic activity is specified.

10. In column 13 of the Form the microcredit amount is specified.

11. In column 14 of the Form microcredit term is specified.

12. In column 15 of the Form the target direction of the microcredit is specified.

13. In column 16 of the Form the participant status of agricultural cooperative is specified.

14. In column 17 of the Form the made products/service are specified.

15. In column 18 of the Form the quantity of the created workplaces is specified.

16. In column 19 of the Form the number of members of agricultural cooperative is specified.

Appendix 4

to Rules of microcredit and leasing in rural settlements and the small cities

Form

The form intended for collection of administrative data

It is represented: in the local executive body of area performing functions in the field of agricultural industry and in authorized body in the field of development of agro-industrial complex

The form of administrative data is placed on Internet resource: www.gov.kz

Report on target use of leasing by agricultural cooperatives

Index of form of administrative data: form No. 1-IL

Frequency: monthly

Accounting period: ________ month 20 __ years

The group of people, providing information: the confided (agent), the local executive body of area performing functions in the field of agricultural industry.

Term of representation of form of administrative data:

the confided (agent) in the local executive body of area performing functions in the field of agricultural industry, monthly till the 5th following the accounting period;

the local executive body of area performing functions in the field of agricultural industry in authorized body in the field of development of agro-industrial complex monthly, till the 10th following the accounting period.

№ payment order	Name of the borrower	Business and identification number	Place registration of agricultural cooperative
			area	code on the qualifier of administrative-territorial objects	area	registration code of the address	rural district	registration code of the address	village	registration code of the address
1	2	3	4	5	6	7	8	9	10	11

continuation of the table

amount of leasing, tenge	leasing term	Leasing subject			Quantity of the created workplaces, units	Number of members of agricultural cooperative, units
		Name	Model	Number of technical data sheet
12	13	14	15	16	17	18

The explanation on filling of the form intended for collection of the administrative data "Report on Target Use of Leasing by Agricultural Cooperatives" is given in appendix to this form.

Name __________________________

Address ________________________________

Phone _______________________________

E-mail address __________________________________

The head or person fulfilling its duties ______________________________________
                                                                                (signature/digital signature)

______________________________________
   (surname, name, middle name (in case of its availability))

Appendix

to the form intended for collection of the administrative data "Report on Target Use of Leasing by Agricultural Cooperatives"

The explanation on filling of the form intended for collection of the administrative data "Report on Target Use of Leasing by Agricultural Cooperatives"

Chapter 1. General provisions

1. This explanation determines single requirements for filling of the form intended for collection of the administrative data "Report on Target Use of Leasing by Agricultural Cooperatives" (further – the Form).

2. The form is signed by the head, or person fulfilling its duties with indication of its surname and initials.

3. The form is filled in the state and Russian languages.

Chapter 2. The explanation on filling of the Form

4. In column 1 of the Form the sequence number is specified.

5. In column 2 of the Form the name of the borrower is specified.

6. In column 3 of the Form individual identification number / business and identification number of the borrower is specified.

7. In the column 4, of 6, 8 and 10 Forms are specified place of registration of agricultural cooperative (the area, the area, the rural district, the village).

8. In columns 5, of 7, 9 and 11 Forms are specified code on the qualifier of administrative-territorial objects, registration code of the address (the area, the area, the rural district, the village).

9. In column 12 of the Form the leasing amount is specified.

10. In column 13 of the Form leasing term is specified.

11. In the column 14, of 15, 16 Forms are specified leasing subject (the name, model, number of technical data sheet).

12. In column 17 of the Form the quantity of the created workplaces is specified.

13. In column 18 of the Form the number of members of agricultural cooperative is specified.

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