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The document ceased to be valid since February 24, 2016 according to Item 1 of the Order of the Government of the Republic of Kazakhstan of January 30, 2016 No. 43

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of April 29, 2014 No. 421

About approval of Rules of subsidizing on compensation of part of the expenses incurred by the subject of agro-industrial complex in case of investment investments

According to subitem 10-3) of article 5 of the Law of the Republic of Kazakhstan of July 8, 2005 "About state regulation of development of agro-industrial complex and the rural territories" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of subsidizing on compensation of part of the expenses incurred by the subject of agro-industrial complex in case of investment investments.

2. This resolution becomes effective after ten calendar days after day of its first official publication.

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of April 29, 2014 No. 421

Rules of subsidizing on compensation of part of the expenses incurred by the subject of agro-industrial complex in case of investment investments

1. General provisions

1. These rules of subsidizing on compensation of part of the expenses incurred by the subject of agro-industrial complex in case of investment investments (further - rules) are developed according to the Law of the Republic of Kazakhstan of July 8, 2005 "About state regulation of development of agro-industrial complex and the rural territories" and determine procedure for compensation of part of the expenses incurred by the subject of agro-industrial complex (further - the AIC) in case of the investment investments directed to creation new or expansion of the operating production capacities (investment subsidies).

2. Main objective of subsidizing on compensation of part of the expenses incurred by the subject of the AIC in case of investment investments is increase in goods availability, works and services within implementation of investment projects in the priority directions (sectors) of the AIC by decrease in capital intensity and increase in payback of the enclosed investments.

2. Terms and determinations

3. In these rules the following terms and determinations are used:

1) the priority directions (sectors) of the AIC - the direction of the AIC which have the considerable potential of development, specified in appendix 1 to these rules;

2) the administrator of the budget program (further - the administrator) - the Ministry of Agriculture of the Republic of Kazakhstan;

3) working body - Deraptment of Agriculture of akimats of areas, cities of Astana and Almaty;

4) the investor - the subject of the AIC according to the legislation of the Republic of Kazakhstan performing investment investments in the priority directions (sectors) of the AIC;

5) the investment project - the complex of actions providing investments into creation new or expansion of the operating production capacities;

6) investment subsidies - compensation of part of the expenses incurred by the investor within implementation of investment projects;

7) investment investments - the costs directed to creation new or expansion of the operating production capacities, including acquisition of the machinery and equipment within the investment project;

8) the agreement of investment subsidizing - the written agreement signed between working body, the investor and the operator, providing procedure and conditions of money transfer of investment subsidies, the monitoring course, responsibility of the parties and other conditions;

9) the passport of the project - the list and the most allowable cost of investment investments in the form of the goods, works and services which are subject to investment subsidizing, specified in appendix 2 to these rules;

10) the commission - permanent collegiate organ for consideration of the applications of investors and decision making about provision/refusal in providing investment subsidies;

11) financial institutions - the banks of the second level, credit institutions having the corresponding license for the right of banking operations, leasing companies, credit partnerships;

12) operator - Kazagromarketing joint-stock company;

13) escrow account - the account of the investor at financial institution on which the amount of investment subsidies for providing terms of the contract of investment subsidirvaniye according to Items 33, of 34 these rules is credited.

3. General terms of investment subsidizing

4. Investment subsidies are paid to the investors according to the list of the priority directions (sectors) specified in appendix 1 to these rules on the objects put into operation, to the acquired machinery and equipment within the investment project since January 1, 2014. At the same time till July 1 of the corresponding calendar year applications of investors on providing investment subsidies in the directions (sectors) of the first group according to appendix 1 to these rules are considered. In the first group first of all applications of investors according to the procedure of priority on the priority provided by appendix 1 to these rules are considered. After July 1 of the corresponding calendar year applications of investors in the directions of the second group are considered. At the same time applications of investors are considered according to the procedure of the priority provided by appendix 1 to these rules irrespective of group of priority.

5. Part of investment investments in goods, works and services, the list and the most allowable cost which it is specified in passports of projects according to appendix 2 to these rules is subject to compensation. The size of investment subsidy is determined by each investment project in share from the amounts of actually made investment investments specified in passports of the project according to appendix 2 to these rules. If the cost of investment investments declared by the investor exceeds the most allowable cost of investment investments specified in the passport of the project, calculation of investment subsidy is made on the most allowable cost specified in the passport of the project.

6. Investment subsidies are paid on investment investments of the investor on acquisition of new, earlier unused machinery and equipment.

7. Subsidizing on compensation of part of the expenses incurred by the subject of agro-industrial complex in case of investment investments is performed for the account and within the means provided in the republican budget as target current transfers to budgets of areas, cities of Astana and Almaty for the corresponding financial year. In case of exceeding of amounts of the subsidies declared by investors over the allocated amounts of subsidies, requests are satisfied in decreasing order of priority of the directions (sectors) specified in appendix 1 to these rules.

8. Investment subsidies are paid in full after commissioning new or expansions of the operating production capacities, acquisitions of the machinery and equipment within the investment project, except as specified, provided by this Item, and also Item 33 of these rules. Payment of investment subsidies after introduction of queue (stage) of the investment project in operation according to the design estimates during creation of new floor spaces is allowed or to the business plan in case of expansion acting. Investment subsidies for creation of new production capacities in the directions of development of processing industry provided in Items 11-17 of the list of the priority directions (sectors) according to appendix 1 to these rules, are paid by two tranches:

1) the first tranche in the amount of 50% of the total amount of investment subsidies after commissioning of the facility;

2) the second tranche in the amount of 50% of the total amount of investment subsidies after achievement of load of production volume at least 50%, in the terms provided by the business plan.

4. Procedure for creation of the commission on questions of investment subsidizing

9. Akims of area, the cities of Astana and Almaty, within fifteen working days after day of the first official publication of these rules create the decision the commission on questions of investment subsidizing under the chairmanship of the deputy akim of area, the cities of Astana and Almaty concerning agricultural industry (further - the commission). The commission acts on the permanent basis and consists of the chairman, his deputy, members who are representatives of local executive bodies and other interested regional/city managements, public and non-governmental organizations (under approval) and the secretary. At the same time the quantitative structure of the commission shall be odd and at least seven people, the secretary of the commission are not member of the commission. Commission session is considered legitimate if at its meeting there are at least two thirds of total number of members. Working body of the commission is the Deraptment of Agriculture.

5. Order of interaction of participants of investment subsidizing

10. For settlement of relations between working body and the operator annually till January 25 of the corresponding year (in 2014 - within fifteen working days from Date of Introduction in action of these rules) the agreement on rendering services of the operator in investment subsidizing (further - the agreement on rendering services) providing procedure, conditions of provision of services by the operator with indication of payment amount of services of the operator, and also responsibility of the parties and other conditions is signed.

11. Services of the operator are paid within the means provided on subsidizing on compensation of part of the expenses incurred by the subject of the AIC in case of investment investments on the corresponding financial year according to the signed agreement on rendering services.

12. The operator within 3 (three) working days after the introduction of the agreement on rendering services in force places announcements of the beginning of acceptance by the operator of requests from investors for investment subsidizing in the state and Russian languages in the mass media extended to the territories of the area/city and on Internet resource of regional/city akimat.

13. According to investment projects which are not put into operation the request of the investor is considered by the commission in two stages. At the first stage the commission makes the decision on compliance/discrepancy of the investor to conditions of these rules.

14. Investors create and send to the operator the following documents:

1) the request for investment subsidizing in form, according to appendix 3 to these rules, the signed authorized person of the investor or person having the power of attorney with right to sign, and under seal;

2) the notarized copy of the certificate on the state registration / re-registration of the subject of the AIC or the certificate of the state registration from judicial authorities;

3) information on investment investments on creation new or expansion of the operating production capacities and terms of their realization, with appendix of the business plan;

4) the design estimates having the positive conclusion of state examination of projects in cases, stipulated by the legislation the Republic of Kazakhstan or the feasibility statement on investments on construction of buildings and constructions, or the enlarged estimate calculation (if the investment passport provides cost recovery on installation and construction works);

5) the copies of credit/leasing agreements certified by financial institution in case of implementation of investment investments at the expense of the raised funds at financial institutions. If the investment project is already put into operation, and also acquisition of the machinery and equipment within the investment project is performed, the investor also submits documents, stipulated in Item 20 these rules.

15. The operator accepts requests and registers in the magazine of registration of requests in groups of the investment directions. The magazine is numbered, proshnurovyvatsya and sealed working body.

16. The operator in the presence of requests from investors within 14 (fourteen) working days checks completeness of the documents submitted by investors and sends the written notice of commission session convocation to her members. The place, time and date of commission session is determined by the operator in coordination with the commission chairman.

17. The following materials on the electronic medium are applied to the notification on convocation of commission session:

1) documents, stipulated in Item 14 these rules;

2) recommendation of compliance/discrepancy of the project to investment subsidizing.

18. The decision on approval / not approval of the request of the investor is accepted by the commission by a majority vote of her members and is drawn up in the form of the protocol. The protocol is registered the operator in the relevant magazine of registration of protocols. The magazine is numbered, proshnurovyvatsya and sealed working body.

19. Requests of investors according to the investment projects which are already put into operation and also on the acquired machinery and equipment are considered by the commission at one meeting.

20. After completion of all works on creation new or to expansion of the operating production capacities and input of object or queue (stage) of the investment project in operation, or acquisitions of the machinery and equipment, the investor represents on the second stage of consideration of the commission the following confirmatory and documents of title:

1) the notarized copy of the act state acceptance or inspection about acceptance of object or queue (stage) of the investment project in operation;

2) the copy of the act of input of the equipment certified by the operator in operation between the buyer and the supplier;

3) the copies of purchase and sale agreements, the invoices confirming investment investments on creation new certified by the operator or expansion of the operating production capacities;

4) the copies of delivery-acceptance certificates of the agricultural, special machinery and processing equipment certified by the operator;

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