ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of January 30, 2013 No. 61

About approval of Rules of provision of industrial privileges for the legal entities realizing investment strategic projects in settlements with the low level of social and economic development

According to Item 2 of article 18-2 of the Law of the Republic of Kazakhstan of January 8, 2003 "About investments" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of provision of industrial privileges for the legal entities realizing investment strategic projects in settlements with the low level of social and economic development.

2. This resolution becomes effective after ten calendar days after the first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of January 30, 2013 No. 61

Rules of provision of industrial privileges for the legal entities realizing investment strategic projects in settlements with the low level of social and economic development

1. General provisions

1. These rules of provision of industrial privileges for the legal entities realizing investment strategic projects in settlements with the low level of social and economic development (further - Rules), are developed according to Item 2 of article 18-2 of the Law of the Republic of Kazakhstan of January 8, 2003 "About investments" (further - the Law) and determine procedure for provision of industrial privileges for the legal entities realizing investment strategic projects in settlements with the low level of social and economic development.

2. The terms and determinations applied in these rules:

1) the investment strategic project - the investment project entering the list determined by the Government of the Republic of Kazakhstan and capable to exert strategic impact on economic development of the Republic of Kazakhstan;

2) the settlement with the low level of social and economic development - the settlement entering the list of settlements of the Republic of Kazakhstan with the low level of social and economic development approved by the resolution the Government of the Republic of Kazakhstan of May 10, 2012 No. 601;

3) industrial privileges - the type of the state financial support on compensation of part of costs of the investor according to the investment strategic project after commissioning of all investment strategic project performed at the expense of budgetary funds with certain frequency on a grant basis, given for term no more than 7 (seven) years;

4) the investor - the legal entity, including the legal entity with foreign participation performing investments in the Republic of Kazakhstan;

5) authorized body - the state body determined by the Government of the Republic of Kazakhstan according to the conclusion of investment contracts and control of their execution;

6) the commission - advisory advisory body on consideration of requests for provision of investment preferences for investment strategic projects (further - the Commission) with participation of the interested state bodies.

The commission is created by the decision of authorized body in which the structure and procedure for its work are specified.

3. Part of costs of the investor is subject to compensation or payment on:

1) gas;

2) electric power;

3) acquisition of the parcel of land;

4) acquisition (construction) of buildings, constructions.

4. Industrial privileges are provided to the applicant under conditions that the investment strategic project:

is implemented in the settlement with the low level of social and economic development;

it is included in the list of investment strategic projects approved by the Government of the Republic of Kazakhstan.

2. Procedure for provision of industrial privileges

5. For the purpose of receipt of industrial privileges the investor addresses to authorized body with the request in the form established by authorized body with appendix:

1) copies of the certificate * or certificates of state registration (re-registration) of the legal entity, witnessed signature of the head and seal of the legal entity.

Note: * the certificate on the state (accounting) registration (re-registration) of the legal entity (branch, representation) issued before enforcement of the Law of the Republic of Kazakhstan of December 24, 2012 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning state registration of legal entities and accounting registration of branches and representations" is valid before the termination of activities of the legal entity;

2) copies of the charter of the legal entity, witnessed signature of the head and seal of the legal entity;

3) the business plan of the investment strategic project constituted according to the requirements established by authorized body;

4) the copies of the documents proving the estimated cost of purchase costs of gas, the electric power, parcel of land, acquisition (construction) of buildings, the constructions used in case of implementation of the investment strategic project, polistno initialed, stitched, numbered and certified by the signature of the head and seal of the legal entity;

5) copies of the documents proving the estimated cost of installation and construction works and purchase costs of the fixed assets, the raw materials and (or) materials used in case of implementation of the investment strategic project, certified by the signature of the head and seal of the legal entity;

6) copies of the documents establishing sources and guarantees of financing of the investment strategic project certified by the signature of the head and seal of the legal entity. In case of financing of the investment strategic project from own means the written confirmation about their availability is attached;

7) references of tax authority in place of registration about lack (availability) of tax debt, debt on the compulsory pension contributions compulsory for professional pension contributions and social assignments.

The term of consideration of the request by authorized body and decision makings about provision of industrial privileges to the investor constitutes 20 working days from the moment of registration of the request.

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