ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of September 25, 2010 No. 978

About approval of Rules of forming and maintaining the register of the goods, works and services used when carrying out transactions on subsurface use and their producers, including criteria of their assessment for entering into this register

According to the subitem 16) of article 16 of the Law of the Republic of Kazakhstan of June 24, 2010 "About subsoil and subsurface use" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of forming and maintaining the register of the goods, works and services used when carrying out transactions on subsurface use and their producers, including criteria of their assessment for entering into this register.

2. Recognize invalid:

2) Item of 31 changes which are made to some decisions of the Government of the Republic of Kazakhstan, approved by the order of the Government of the Republic of Kazakhstan of December 30, 2009 No. 2305 "About modification of some decisions of the Government of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 2010, No. 4, the Art. 54);

3) the order of the Government of the Republic of Kazakhstan of April 1, 2010 No. 268 "About modification of the order of the Government of the Republic of Kazakhstan of April 8, 2008 No. 334" (SAPP of the Republic of Kazakhstan, 2010, No. 27, the Art. 209).

3. This resolution becomes effective after ten calendar days from the date of the first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of September 25, 2010 No. 978

Rules of forming and maintaining the register of the goods, works and services used when carrying out transactions on subsurface use and their producers, including criteria of their assessment for entering into this register

1. General provisions

1. These rules of forming and maintaining the register of the goods, works and services used when carrying out transactions on subsurface use and their producers, including criteria of their assessment for entering into this register, (further - Rules) are developed according to the subitem 16) of article 16 of the Law of the Republic of Kazakhstan of June 24, 2010 "About subsoil and subsurface use" (further - the Law) and determine procedure for forming and maintaining the register of the goods, works and services used when carrying out transactions on subsurface use and their producers, including criteria of their assessment for entering into this register (further - the register).

2. In Rules the concepts and determinations established in the Law and also the following concepts are used:

1) the register - the inventory, the works and services used when carrying out transactions on subsurface use and their producers;

2) producer - the physical person or legal entity making and (or) delivering goods, and (or) performing works, and (or) rendering the services used when carrying out transaction on subsurface use.

3. The register is created and kept by authorized body in the field of regulation of industrial policy (further - authorized body), by means of the state information system "The Register of the Goods, Works and Services Used when Carrying Out Transactions on Subsurface Use and Their Producers".

2. Procedure for forming and maintaining register

4. Forming of data on the goods, works and services used when carrying out transactions on subsurface use in the register is performed based on data of annual programs of purchase of the goods, works and services represented by subsoil users in form and according to the procedure, the approved Government of the Republic of Kazakhstan.

5. As forming and maintaining the register it is understood:

1) introduction of data on the goods, works and services used when carrying out transactions on subsurface use and their producers in the register;

2) updating of the register in case of change of the data provided by producers and also in case of exception of producers of the register;

3) updating of the register in case of change of the data provided by subsoil users;

4) placement of the register in the state information system "The Register of the Goods, Works and Services Used when Carrying Out Transactions on Subsurface Use and Their Producers".

6. Regional (the cities of republican value, the capital) executive bodies quarterly represent to authorized body the inventory, the works and services made in the territory of the area (the city of republican value, the capital), and their producers, according to appendix 1 to these rules, on paper, signed by the authorized person and certified by seal.

7. The authorized body for the purpose of forming and maintaining the register sends the notification to the producers brought in the data provided regional (the city of republican value, the capital) by executive bodies about possibility of their entering into the register and data on the goods offered by them, works, services used when carrying out transactions on subsurface use.

8. For forming in the register of data on the goods, works and services used when carrying out transactions on subsurface use, the authorized body in the field of oil and gas provides in authorized body on jointly to the approved forms and terms general information according to annual programs of purchase of goods, works and services of the subsoil users performing the activities for contracts for investigation and (or) production of hydrocarbonic raw material.

9. For forming of information about producers of the goods, works and services used when carrying out transactions on subsurface use in the register the producer on voluntary basis:

1) is registered in the state information system "The Register of the Goods, Works and Services Used when Carrying Out Transactions on Subsurface Use and Their Producers" by filling of the registration questionnaire;

2) represents the registration questionnaire on paper signed by the head or other authorized person and certified by seal and also the certificate * or the certificate of state registration (re-registration) of the legal entity or the copy of the document on registration as the subject of entrepreneurship, to authorized body. Nonresidents represent the legalized statement from the trade register or other legalized document certifying that the foreign legal entity is legal entity by the legislation of foreign state, with notarially attested transfer into the state and Russian languages.

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