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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of October 21, 2004 No. 1085

About approval of Rules of coordination of acquisition in property physical persons and legal entities of shares, shares, shares in the organizations performing activities in the field of telecommunications

For the purpose of ensuring national security of the Republic of Kazakhstan in the field of communication, according to article 22-1 of the Law of the Republic of Kazakhstan "About homeland security in the Republic of Kazakhstan" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of coordination of acquisition in property by physical persons and legal entities of shares, shares, shares in the organizations performing activities in the field of telecommunications.

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

 

Prime Minister

Republic of Kazakhstan D. Akhmetov

Approved by the order of the Government of the Republic of Kazakhstan of October 21, 2004 No. 1085

Rules of coordination of acquisition in property physical persons and legal entities of shares, shares, shares in the organizations performing activities in the field of telecommunications

1. General provisions

1. Rules of coordination of acquisition in property are developed by physical persons and legal entities of shares, shares, shares in the organizations performing activities in the field of telecommunications (daleepravil) based on article 22-1 of the Law of the Republic of Kazakhstan "About homeland security in the Republic of Kazakhstan" and according to the Law of the Republic of Kazakhstan "About communication".

2. The purpose of these rules is determination of single procedure for representation and consideration by authorized body of petitions of physical persons and legal entities for share acquisition, share, shares in the organizations performing activities in the sphere of telecommunications and being long-distance and (or) international telecom operators.

3. The concepts and terms used in Rules:

1) the owner of communication lines - the legal entity owning the land cable, fiber-optic, radio relay or other fixed main communication lines having interface to communication networks of foreign states;

2) group of persons - set of legal, legal and physical or physical persons which jointly as a result of the agreement have or acquire the right in property of shares, shares, shares of the organization performing activities in the sphere of telecommunications and which is the long-distance and (or) international telecom operator;

3) the interested person - physical person and legal entity, intended to acquire or to otherwise receive in property more than ten percent of shares, share, shares of the organization performing activities in the sphere of telecommunications and being the long-distance and (or) international telecom operator;

4) bodies of homeland security - Committee of homeland security and its department, and also other bodies determined by legal acts of the Republic of Kazakhstan;

5) the operator of long distance and (or) international telecommunication - the operator, fixed telephony owning and (or) operating intercity and international communication lines, long-distance and international switching stations and providing services of long distance and international telephone communication in transit of traffic and provision of network resources to other telecom operators;

6) authorized body - the state body determined by the Government of the Republic of Kazakhstan authorized to consider petitions of interested persons for share acquisition, share, shares in the organizations performing activities in the sphere of telecommunications and being long-distance and (or) international telecom operators;

7) the petition - the application of physical person or legal entity directed by it to authorized body for the purpose of coordination of transaction on acquisition or other obtaining in property of shares, shares of shares of the organization performing activities in the sphere of telecommunications and which is the long-distance and (or) international telecom operator.

4. Action of these rules extends on physical persons and legal entity of the Republic of Kazakhstan, and also foreigners, stateless persons and foreign legal entities, intended solely or jointly, as a part of group of persons, to perform the transaction on acquisition or other obtaining in property more than 10 percent of voting shares, shares, shares, the operator of long distance and (or) international telecommunication.

Action of these rules extends also to cases of acquisition by interested persons of shares, shares, shares of the subject which is not providing service of long distance and/or international telecommunication, but being the owner of communication lines.

5. Rules are not applied to cases:

acquisitions by interested persons not of voting shares, but other securities which are not granting voting power in bodies of operator of long distance and (or) international telecommunication;

making by interested persons of other transactions with property of operators of long distance and international telecommunication if these transactions do not involve acquisition of right by the interested person of the right to management of such operator;

acquisitions by the interested person of share rights, shares, shares according to the legislation of the Republic of Kazakhstan on bankruptcy or based on the judgment.

2. Bases for review share acquisitions, shares and shares

6. The basis for review share acquisitions, share, shares of the operator of long distance and international telecommunication are the transactions connected with transition of the property right to the shares, shares, shares made by interested persons.

7. For review transactions on share acquisition, share, shares of the operator of long distance and (or) international telecommunication the interested person sends to authorized body the petition in the form established by appendix to these rules.

8. The petition goes the interested person to authorized body with appendix of the certified copies of the documents necessary for adoption of the decision by authorized body.

By results of consideration of the petition the authorized body has the right to make the decision on coordination or refusal in coordination of the transaction on share acquisition, share, shares of the operator of long distance and (or) international telecommunication or the owner of communication lines.

9. Coordination of the transactions specified in Item 6 of these rules shall be made until their making.

10. The transactions made by interested persons without coordination with authorized body are recognized invalid according to the legislation of the Republic of Kazakhstan.

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