ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of March 13, 2015 No. 187

About approval of the Regulations on the Commission on carrying out tenders on provision of the right of subsurface use to hydrocarbonic raw material, coal and uranium

According to subitem 27-4) of article 17 of the Law of the Republic of Kazakhstan of June 24, 2010 "About subsoil and subsurface use" I ORDER:

1. Approve the enclosed Regulations on the Commission on carrying out tenders on provision of the right of subsurface use to hydrocarbonic raw material, coal and uranium.

2. To provide to department of subsurface use of the Department of Energy of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) the direction on official publication of this order within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan in periodic printing editions and in information system of law of Ad_let;

3) placement of this order on official Internet resource of the Department of Energy of the Republic of Kazakhstan and on the intranet portal of state bodies;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Department of Energy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 2) and 3) of this Item.

3. To impose control of execution of this order on the supervising vice-Minister of Energy of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after the first official publication.

Approved by the Order of the Minister of Energy of the Republic of Kazakhstan of March 13, 2015 No. 187

Regulations on the Commission on carrying out tenders on provision of the right of subsurface use to hydrocarbonic raw material, coal and uranium

1. General provisions

1. This Regulations on the Commission on carrying out tenders on provision of the right of subsurface use to hydrocarbonic raw material, coal and uranium determine tasks, functions, the rights and operating procedure of the Commission on carrying out tenders to provision of the right of subsurface use to hydrocarbonic raw material, coal and uranium (further - the Commission).

2. The commission is the permanent collegiate organ created for the purpose of carrying out tender and determination of his winner for provision to it the subsurface use rights concerning hydrocarbonic raw material, coal and uranium according to the legislation of the Republic of Kazakhstan on subsoil and subsurface use.

3. The commission in the activities is guided by the Constitution of the Republic of Kazakhstan, legal acts of the Republic of Kazakhstan, other regulatory legal acts of the Republic of Kazakhstan, and also this Provision.

2. Tasks, functions and rights of the Commission

4. The main objectives of the Commission are:

1) consideration and assessment of requests for participation in auction and competitive offers for participation in the tender for receipt of the right of subsurface use to investigation, production, the combined exploration and production on hydrocarbonic raw material, coal and uranium;

2) determination of the winner from among participants of tender on provision of the right of subsurface use to investigation, the production combined exploration and production on hydrocarbonic raw material, coal and uranium.

5. Functions of the Commission are:

1) ensuring timely and high-quality consideration of requests for participation in auction and competitive offers for participation in the tender;

2) objective and comprehensive assessment of the submitted requests for participation in auction and competitive offers for participation in the tender.

6. The commission has the right:

1) to estimate, compare the competitive offers provided for participation in tender;

2) to determine the winner of tender;

3) to recognize tender cancelled on the bases, the established Law of the Republic of Kazakhstan of June 24, 2010 "About subsoil and subsurface use" (further - the Law);

4) to request necessary information from state bodies, the organizations, other persons;

To hear 5) at meetings of members of the commission, representatives of state bodies, organizations, other persons;

6) to reject the request for participation in auction or the competitive offer for participation in the tender for the bases, the established Law;

To attract 7) in case of need experts from among specialists in the respective areas;

8) to perform other rights provided by the Law.

3. General operating procedure of the Commission

7. The commission is headed by the chairman. During absence of the chairman of its function the deputy carries out.

8. Organizational technical supply carries out works of the Commission working body of the Commission.

9. Functions of working body of the Commission are performed by Department of subsurface use of the Department of Energy of the Republic of Kazakhstan (further - the Ministry).

10. The secretary of the Commission within five calendar days after the termination of term of order taking for participation in auction and competitive offers for participation in the tender informs on it the commission chairman, and in case of its absence - the vice-chairman, with indication of objects of subsurface use and the list of applicants.

11. Commission sessions are considered competent if at them there are at least two thirds of total number of members of the commission.

4. Operating procedure of the Commission when carrying out the tender

12. On commission session on opening of packets with competitive proposals of participants of the tender the secretary of the Commission distributes to each attendee at meeting to the member of the commission one copy for the copy of packets with competitive offers.

13. Opening of packets with competitive offers is carried out by the Commission in the presence of simple majority of members of the commission and authorized representatives of applicants.

14. Members of the commission independently open the received packets with copies of competitive offers.

15. The secretary of the Commission draws up the protocol of opening of packets with competitive offers on receipt of the right of subsurface use in the Republic of Kazakhstan in form according to appendix 1 to this Provision,

16. The protocol of opening of packets with competitive offers is signed by all attendees at meeting members of the commission.

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