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The document ceased to be valid since  July 31, 2018 according to Item 2 of the Order of the Government of the Republic of Kazakhstan of July 17, 2018 No. 437

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of April 27, 2015 No. 333

About approval of Rules of realization of the priority right of the Republic of Kazakhstan to acquisition of right of the alienable right of subsurface use (its part) and (or) the object connected with the subsurface use right, the national managing director of holding, the national company

According to Item 1 of article 13 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 realization of the priority right of the Republic of Kazakhstan to acquisition of right of the alienable right of subsurface use (its part) and (or) the object connected with the subsurface use right, the national managing director of holding, the national company.

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 27, 2015 No. 333

Rules of realization of the priority right of the Republic of Kazakhstan to acquisition of right of the alienable right of subsurface use (its part) and (or) the object connected with the subsurface use right, the national managing director of holding, the national company

1. These rules of realization of the priority right of the Republic of Kazakhstan to acquisition of right of the alienable right of subsurface use (its parts) and (or) the object connected with the subsurface use right, the national managing director of holding, the national company (further - Rules) are developed according to the Law of the Republic of Kazakhstan of June 24, 2010 "About subsoil and subsurface use" (further - the Law) and determine procedure for realization by the state of the priority right to acquisition of right of the alienable right of subsurface use (its part) and (or) the object connected with the subsurface use right, the national managing director of holding, the national company.

2. In case of receipt of the statement for alienation of the right of subsurface use (its part) and (or) the objects connected with the subsurface use right concerning the subsoil plots or fields included in the list strategic, except as specified, stipulated in Item the 5th article 36 of the Law, the competent authority within five working days sends inquiry to the national company according to the activities differentiation approved by the Government of the Republic of Kazakhstan or national managing holding for preparation of the conclusion about feasibility of realization of the priority right of the state or its absence.

The national managing holding or the national company within ten working days from the moment of receipt of request sends the conclusion about preliminary interest or lack of interest in subsurface use acquisition of right (its part) and (or) the object connected with the subsurface use right to competent authority.

After receipt of the conclusion of national managing holding or the national company or after twenty working days from the moment of receipt date of the statement if the conclusion was not provided to national managing directors of holding or the national company, the competent authority submits for consideration of the Interdepartmental commission on questions of implementation of the priority right of the state (further - the Interdepartmental commission) the materials necessary for development of the offer on acquisition of right (refusal of acquisition of right) of the alienable right of subsurface use (its part) and (or) the objects connected with the subsurface use right.

3. The interdepartmental commission within thirty working days from the date of receipt of the corresponding materials considers the application and other materials taking into account requirements of the legislation of the Republic of Kazakhstan about homeland security and develops recommendations of acquisition (refusal of acquisition of right) by the state of the alienable right of subsurface use (its part) and (or) the object connected with the subsurface use right.

In case of development by the Interdepartmental commission of recommendations of acquisition of right of the alienable right of subsurface use (its part) and (or) the object connected with the subsurface use right, the national managing director of holding or the national company according to the activities differentiation approved by the Government of the Republic of Kazakhstan which declared intention to perform such acquisition, the Interdepartmental commission recommends to competent authority to determine national managing holding or the national company according to the activities differentiation approved by the Government of the Republic of Kazakhstan, such acquirer on behalf of the state.

4. The interdepartmental commission has the right to request and receive from the applicant and other persons any additional materials necessary for development of recommendations of acquisition of right (refusal of acquisition of right) of the alienable right of subsurface use (its part) and (or) the object connected with the subsurface use right including documents on financial and economic condition of subsoil users, and also legal entities who have opportunity directly and (or) to indirectly determine decisions or to exert impact on the decisions made by the subsoil user.

5. If on request of the Interdepartmental commission the applicant within a month will not provide additional materials, that corresponding statement is not subject to consideration.

The national managing holding or the national company within two months after intake of additional materials from the applicant provides in competent authority the motivated final decision on acquisition of right (refusal of acquisition of right) of the alienable right of subsurface use (its part) and (or) the object connected with the subsurface use right.

Failure to provide by the national managing director of holding or national company in the specified time of the motivated decision is regarded as refusal of acquisition of right of the alienable right of subsurface use (its part) and (or) the object connected with the subsurface use right.

6. The decision on acquisition of right of the alienable right of subsurface use (its part) and (or) the object connected with the subsurface use right within five working days goes to national managing holding or the national company determined by competent authority as the acquirer.

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