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PRESIDENTIAL DECREE OF THE REPUBLIC OF KAZAKHSTAN

of June 30, 1998 No. 3985

About formation of Council of foreign investors in case of the President of the Republic of Kazakhstan

(as amended on 09-06-2021)

 According to the subitem 20) article 44 of the Constitution of the Republic of Kazakhstan, POSTANOVLYAYU:

1. Form Council of foreign investors in case of the President of the Republic of Kazakhstan.

2. Approve Regulations on Council of foreign investors in case of the President of the Republic of Kazakhstan it (is applied).

3. To the first deputy Premier-Ministra of the Republic of Kazakhstan Chairman of the State committee of the Republic of Kazakhstan on investments to submit for consideration to the Head of state of the offer on staff of Council in a month.

4. This Decree becomes effective from the date of signing.

President of the Republic of Kazakhstan

N. Nazarbayev

Approved by the Presidential decree of the Republic of Kazakhstan of June 30, 1998 No. 3985

Regulations on Council of foreign investors in case of the President of the Republic of Kazakhstan

1. General provisions

1. Council of foreign investors (further - Council) is advisory advisory body in case of the President of the Republic of Kazakhstan.

2. The legal basis of activities of Council is constituted by the Constitution and the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, other regulatory legal acts of the Republic of Kazakhstan, and also this Provision.

3. Ensuring activities of Council is performed by Administration of the President of the Republic of Kazakhstan and working body of Council.

4. Working body of Council is the Committee on investments of the Ministry of Foreign Affairs of the Republic of Kazakhstan (further - working body of Council).

2. Main objectives of Council

5. The main objective of Council is development of recommendations and offers on questions:

determinations of the main directions of investment policy of the Republic of Kazakhstan;

improvements of the investment climate in the Republic of Kazakhstan;

enhancement of the regulatory legal base of the Republic of Kazakhstan about investments;

assistance of the foreign companies of diversification of economy, industrialization of the industrial sector, to development of small and medium business of the Republic of Kazakhstan;

integration of economy of the Republic of Kazakhstan into world economic processes;

the strategy of attraction of foreign investments in economy of the Republic of Kazakhstan;

realization of the large investing programs and projects of the Republic of Kazakhstan having the international value.

3. Structure of Council

6. The chairman of the board is the President of the Republic of Kazakhstan.

7. Permanent members of Council are on position: The Prime Minister of the Republic of Kazakhstan, the Chairman of National Bank of the Republic of Kazakhstan, the First deputy Premier-Ministra of the Republic of Kazakhstan, deputy prime ministers of the Republic of Kazakhstan, the deputy manager of Administration of the President of the Republic of Kazakhstan or the special advisor to the president of the Republic of Kazakhstan supervising social and economic problems, the Minister of Foreign Affairs of the Republic of Kazakhstan, the Minister of the industry and infrastructure development of the Republic of Kazakhstan, the Minister of Finance of the Republic of Kazakhstan, the Minister of national economy of the Republic of Kazakhstan and the first head of working body of Council.

8. Other officials of the Republic of Kazakhstan determined by the President of the Republic of Kazakhstan can be part of Council.

9. The structure of Council from the foreign party is created of number of representatives of the international economic and financial institutions (further - the international organizations), the first heads of the foreign companies or their deputies (further - foreign members of council) according to the procedure, determined by this Provision.

10. For the purpose of assistance to effective implementation by Council of the tasks assigned to it the Commission on operating activiies of Council is created (further - the Commission).

11. The staff of Council affirms the President of the Republic of Kazakhstan.

4. Procedure for giving and consideration of requests for membership in Council

12. For acceptance in structure of Council representatives of the international organizations, foreign companies (further - applicants) submit to working body the application in the form established by appendix to this Provision.

13. The main criterion for admission to membership of Council is attachment in economy of the Republic of Kazakhstan the international organizations and the foreign companies provided by their applicants, direct investments on the amount equivalent to at least 500 million US dollars for the investors working in the field of subsurface use and to at least 125 million US dollars, for investors – in other sectors of economy.

Representatives of the international and other organizations, the banks which are actively participating in work on forming of the favorable investment climate and activation of investment processes in economy of the Republic of Kazakhstan can also be members of council.

However originally the status of the observer of Council is provided to applicants according to the decision of the Commission.

14. No. 598 is excluded according to the Presidential decree of the Republic of Kazakhstan of 09.06.2021

15. Requests are considered by working body of Council according to the procedure of priority of their receipt and, in case of their compliance to criteria, stipulated in Item the 13th this provision, are submitted for consideration of the Commission.

16. If according to the recommendation of working body of Council the applicant does not meet criteria, stipulated in Item the 13th this provision, but performs activities in the priority sector of economy, the request of the applicant can be submitted for consideration of the Commission for inclusion in the list of observers of Council at compliance at least than 6 of the below-stated conditions:

1) implementation of investing activities in the Republic of Kazakhstan at least 3 years;

2) creation of new workplaces which seventy percent shall be occupied by the Kazakhstan employees;

3) contribution to social and economic development (training of the Kazakhstan specialists, creation of equal working conditions, participation in implementation of socially important projects in the Republic of Kazakhstan, implementation of "environmentally friendly projects" in the Republic of Kazakhstan, participation in work on increase in investment image of the Republic of Kazakhstan);

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