I.O'S ORDER. MINISTER OF ECONOMIC DEVELOPMENT AND TRADE OF THE REPUBLIC OF KAZAKHSTAN

of August 6, 2010 No. 136

About approval of Requirements to development or adjustment, and also conducting necessary examinations of the feasibility statement on the investment project for provision of the state guarantees

According to Item 2 of Article 217 of the Budget code of the Republic of Kazakhstan PRIKAZYVAYU:

1. Approve the enclosed Requirements to development or adjustment, and also conducting necessary examinations of the feasibility statement on the concessionary project, the investment project for provision of the state guarantees.

3. To department of investment policy (to Tortayev B. K.) and to Legal department (Eshimova D. A.) provide state registration of this order in the Ministry of Justice of the Republic of Kazakhstan.

4. I reserve control of execution of this order.

5. This order becomes effective from the date of its state registration in the Ministry of Justice of the Republic of Kazakhstan.

Approved by the Order of the deputy. The Minister of Economic Development and Trade of the Republic of Kazakhstan of August 6, 2010 No. 136

Requirements to development or adjustment, and also conducting necessary examinations of the feasibility statement on the investment project for provision of the state guarantees

Chapter 1. General provisions

1. These Requirements to development or adjustment, and also conducting necessary examinations of the feasibility statement on the investment project (further - Requirements) are developed for provision of the state guarantees according to Item 2 of Article 217 of the Budget code of the Republic of Kazakhstan.

2. These Requirements are obligatory to observance in case of development or adjustment, and also conducting necessary examinations of the feasibility statement on the investment project for provision of the state guarantees (further - the feasibility study for the investment project).

3. In Requirements the following basic concepts are used:

1) the feasibility study for the investment project - the preproject documentation containing results of marketing, technical and technological, social and economic and ecological researches, and also the finance solutions proving efficiency of implementation of the investment project, decision on risks assessment of the investment project and measures for their decrease, and also for influence of the project on social and economic development of economy in general and industries in case of its realization;

2) economic examination of the feasibility study for the investment project - assessment of the economic and financial analysis given in the feasibility study for the investment project allowing to determine efficiency of project implementation.

4. The feasibility study for the investment project offered to financing at the expense of means of non-state loans under the state guarantee of the Republic of Kazakhstan is submitted in authorized body on state planning of the Republic of Kazakhstan on the paper and electronic medium with appendix:

1) the positive conclusion of the complex non-departmental examination performed by the legal entity authorized by the Government of the Republic of Kazakhstan according to subitem 39-1) of article 1 of the Law of the Republic of Kazakhstan "About architectural, town-planning and construction activities in the Republic of Kazakhstan" (further - the Legal entity) if on the project carrying out construction (construction) works, except for investment projects on complex of works on the prevention and elimination of defects, and also recovery and improvement of transport and operational qualities of the highway is supposed (further - the investment project on recovery of the highway);

2) experimental testimonies of authorized body of the corresponding industry which contains positive results of assessment of the following information:

problems of current status of industry which influence its further development, and compliance of project objectives, decisions in the existing problems in industry;

feasibility and sales opportunities of the project according to the scheme specified in the feasibility study for the investment project;

project compliance to documents of System of state planning;

alternative options of project implementation;

the offered cost recovery sources in case of project implementation;

3) the financial reporting of the borrower (separate and consolidated) with seal and signed by the first head and the chief accountant for the last three years preceding entering of the feasibility study for the investment project into the central authorized body on state planning and also explanatory notes to the financial reporting. For borrowers whose financial records audit according to the legislation of the Republic of Kazakhstan on auditor activities is obligatory the audited financial reporting and audit reports constituted for the last three years are represented;

4) the documents confirming costs for implementation of the investment project with indication of the cost and quantity, acquired materials and fixed assets, works with appendix of documentary and technical confirmation of need of carrying out such works (by provision of the investment project on recovery of the highway).

The feasibility study for the investment project on recovery of the highway offered to financing at the expense of means of non-state loans under the state guarantee of the Republic of Kazakhstan is signed by the first head of industry state body, or-faced his replacement and first head of the borrower.

4-1. Provisions of these Requirements do not extend to the feasibility study for concessionary projects according to which provision of the state guarantee of the Republic of Kazakhstan on the loans attracted to financing of concessionary projects as measure of the state support of activities of concessionaries is supposed.

Development or adjustment, and also conducting necessary examinations of the feasibility study for concessionary projects on which provision of the state guarantee of the Republic of Kazakhstan on the loans attracted to financing of concessionary projects as measure of the state support of activities of concessionaries is supposed are performed according to the requirements established by the legislation of the Republic of Kazakhstan on concessions.

4-2. Attraction of new non-state loan under the state guarantee for project implementation, including for repayment of earlier attracted non-state loan on which the state guarantee was provided is not the basis for adjustment of the feasibility study and development of the new feasibility study for the investment project.

According to investment projects according to which the state guarantee was provided earlier the conclusion of the central authorized body on state planning based on the feasibility study for the investment project according to which the non-state loan under the state guarantee was attracted is issued, and also the corresponding conclusions were issued.

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