ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of June 13, 2025 No. 198

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 amendment:

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:

in Item 2:

add with subitem 14-1) of the following content:

"14-1) subjects to investment subsidizing – the equipment, the machine, the equipment acquired in credit/leasing on which investment subsidizing is performed using the mechanism of transfer of investment subsidies by advance payment to financial institution into the special account according to Chapter 4 of these rules;";

16) to state the subitem in the following edition:

"16) financial institutions – Fund of Development of the Industry joint-stock company (within investment subsidizing on investment investments at the expense of the raised funds) (further – JSC Fund of Development of the Industry), the banks of the second level, the microfinancial organizations, credit institutions having the corresponding license for the right of banking operations, the leasing companies, credit partnerships, the confided (agents) determined according to the budget legislation of the Republic of Kazakhstan;";

state Item 12 in the following edition:

"12. For passports of projects No. 1 (in the presence of the minimum standard rate on the parcels of land), No. 2, No. 4, No. 13, No. 14 needs availability at the investor (uslugopoluchatel) of the land site (ов) of agricultural purpose on the right of land use and (or) private property of the respective area, GISS confirmed as a result of information exchange with information system of the single State Immovable Property Cadastre.

In case of application from agricultural cooperative the total area of the parcels of land of agricultural purpose registered at members of agricultural cooperative is considered.

At the same time membership in agricultural cooperative proves to be true by information exchange of GISS with the state database "Legal entities".

In case of application according to passports of projects No. 1, No. 2, No. 4, No. 13, No. 14 from country or the farm performing activities in the form of joint venture for which members the parcels of land are registered provision of subsidy on the acquired technicians and (or) the cars registered on the member country or farm is allowed.

Membership in country or farm proves to be true by reconciliation with data of Committee of state revenues of the Ministry of Finance of the Republic of Kazakhstan.";

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: 2; 13.2; 14; 19; 25; 26; 28; 29; 30; 31; 36; 40; 42;

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; 2; 5; 6; 7; 8; 10; 11;

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).";

9) of Item 23 to state the subitem in the following edition:

"9) according to the passport of the project No. 4 in addition the copy of the permission to special water use received 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);";

state Item 30 in the following edition:

"30. Data on results of consideration of the request go to "personal account" of the investor (uslugopoluchatel) and are reflected in the web portal.

Within 1 (one) working day from the date of adoption of the positive decision by working body (service provider), working body (service provider) by means of GISS the agreement of investment subsidizing in form according to appendix 12 to these rules and the agreement on target use and not alienation of subject to investment subsidizing on form according to appendix 13 to these rules which automatically go for signing to the investor (uslugopoluchatel) is electronically created and signed.

In case of failure of GISS containing necessary data for issue of subsidies, the working body (service provider) without delay notifies authorized body in the field of development of agro-industrial complex on the arisen situation which starts its elimination.

At the same time, after work on elimination of the arisen failure the authorized body in the field of development of agro-industrial complex within 3 (three) working days constitutes the protocol on technical issue and places it in GISS.";

32, of 33, of 34, of 35, of 36, 37 and 38 to state Items 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 or JSC Fund of Development of the Industry, 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 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 or JSC Fund of Development of the Industry, for the special account is determined by regulation, control and supervision of the financial market and the financial organizations 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. 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 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 or JSC Fund of Development of the Industry, for the special account is determined by regulation, control and supervision of the financial market and the financial organizations by working body (service provider).

33. For receipt of investment subsidies for the special account, the investor (uslugopoluchatel) submits the electronic application for investment subsidizing using the mechanism of advance payment for the special account on form according to appendix 5 to these rules and in addition attaches the certified 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, or JSC Fund of Development of the Industry, the copy of the positive decision of credit committee of 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 financial institution having the license for implementation of microfinancial activities.

Within 3 (three) working days from the date of approval by working body (service provider) of the request of the investor (uslugopoluchatel), between 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, or JSC Fund of Development of the Industry, and the investor (uslugopoluchatel) signs 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 or the financial institution having the license for implementation of microfinancial activities or Fund of Development of the Industry joint-stock company investment subsidies on the special account on form according to appendix 14 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, or JSC Fund of Development of the Industry does not use means of the investment subsidies received into the special account before timely execution of the conditions specified in Items 34 or 35 of these rules.

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 or JSC Fund of Development of the Industry 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 or JSC Fund of Development of the Industry, 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 or JSC Fund of Development of the Industry 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 delivery-acceptance certificates 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 subject to investment subsidizing 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 or JSC Fund of Development of the Industry 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 or JSC Fund of Development of the Industry 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 or JSC Fund of Development of the Industry 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.

35. In case of financing of the investor by provision of the equipment, machines and (or) the equipment in leasing, the financial institution having the license of authorized body on regulation, to control and supervision of the financial market and the financial organizations to carrying out banking activities it agrees about banks and banking activity, or the financial institution having the license for implementation of microfinancial activities or JSC Fund of Development of the Industry within 10 (ten) working days from the date of receipt of the copy of the positive decision of working body (service provider) and funds for the special account transfers the means provided by the agreement of financial leasing to account of the investor (uslugopoluchatel) if other is not provided by the contract between the investor (uslugopoluchatel) and financial institution having the license of authorized body on regulation to 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 or JSC Fund of Development of the Industry also provides supporting documents to working body (service provider), and also the copy of the agreement of financial leasing.

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