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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of March 11, 2002 No. 289

About approval of Rules of financing of providing with agricultural machinery on leasing basis

According to the Law of the Republic of Kazakhstan of December 15, 2001 "About the republican budget for 2002" and the order of the Government of the Republic of Kazakhstan of December 27, 2001 N 1715 "About implementation of the Law of the Republic of Kazakhstan "About the republican budget for 2002" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of financing of providing with agricultural machinery on leasing basis.

2. This resolution becomes effective from the date of signing.

 

Prime Minister

Republic of Kazakhstan I. Tasmagambetov

Approved by the order of the Government of the Republic of Kazakhstan of March 11, 2002 No. 289

Rules of financing of providing with agricultural machinery on leasing basis

1. General terms

1. These rules determine procedure and conditions of loan granting (further - Means) from the republican budget in 2002 by the program 85 "Providing with agricultural machinery on leasing basis" in the amount of 1 100 000 000 (one billion hundred million) tenges.

2. Funds are allocated from the republican budget according to the procedure, established by the legislation on the terms of urgency, the paid nature and recoverability for the term of 7 (seven) years at the rate established by the Ministry of Finance of the Republic of Kazakhstan (further - the Ministry of Finance) according to the order of the Government of the Republic of Kazakhstan of September 2, 2001 N 1131 "About remuneration rate on the loans granted from the republican budget and also the amounts distracted from the republican budget for the purpose of accomplishment of obligations for the state guarantees" with ensuring return of Means to the republican budget. Funds are allocated for the purposes of acquisition of the agricultural machinery which is subject to the subsequent transfer to leasing (further - the Equipment), and compensations of the money spent for acquisition of the Equipment in 2002, and also for cost recovery, connected with acquisition of the Equipment and the tax discharge on value added, subject to payment in the budget by transfer of the Equipment to leasing according to the legislation of the Republic of Kazakhstan.

3. Assignment is made by crediting of bank of the second level or the organization having the license of National Bank of the Republic of Kazakhstan for implementation of separate types of banking activities (further the Borrower), in the procedure for the Government of the Republic of Kazakhstan determined by the decision established by the legislation for financing of providing with agricultural machinery on leasing basis, performed at the expense of the means provided in the republican budget for 2002.

4. For assignment the Ministry of Finance together with the Borrower and the Ministry of Agriculture of the Republic of Kazakhstan (further the Administrator of the budget program) signs the loan agreement (further the Credit agreement) in which procedure for assignment from the republican budget, the procedure and terms of return of Means to the republican budget according to these rules, methods of ensuring obligation fulfillment by the Borrower and other conditions are determined.

5. The borrower provides target use of Means and their timely return to the republican budget.

2. Control of use of Means

6. Allocation from the republican budget of means to the Administrator of the budget program for the subsequent direction to the Borrower is performed in accordance with the established procedure, according to the Credit agreement, based on the following documents:

1) in case of assignment for the purposes of acquisition of the agricultural machinery which is subject to the subsequent transfer to leasing, and compensations of the money spent for acquisition of the Equipment in 2002 - requests of the Administrator of the budget program with application of copies of delivery contracts of the Equipment;

2) in case of assignment for the purposes of cost recovery, connected with acquisition of the Equipment - requests of the Administrator of the budget program with application of copies of the documents confirming implementation of the Borrower's costs connected with acquisition of the Equipment;

3) in case of assignment for the tax discharge purposes for value added, subject to payment in the budget by transfer of the Equipment to leasing according to the legislation of the Republic of Kazakhstan - requests of the Administrator of the budget program.

7. The borrower monthly, no later than the 15th following reporting represents to the Administrator of the budget program and the Ministry of Finance the report on use of allocated funds.

8. Control of development, target use, timely return to the republican budget of Means performs the Ministry of Finance.

9. The administrator of the budget program approves the nomenclature and amounts acquired by the Borrower Tekhniki, and makes coordination of amount of remuneration of the Borrower on leasing and leasing terms.

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