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The document ceased to be valid since  June 29, 2018 according to Item 2 of the Order of the Minister of investments and development of the Republic of Kazakhstan of May 18, 2018 No. 346

ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of April 28, 2015 No. 500

About approval of Rules of implementation of monitoring and control of observance of accomplishment of conditions of contracts

(as amended of the Order of the Minister of investments and development of the Republic of Kazakhstan of 25.11.2016 No. 811)

According to the subitem 22) 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 Rules of implementation of monitoring and control of observance of accomplishment of conditions of contracts.

2. To provide to department of subsurface use of the Ministry for Investments and Development of the Republic of Kazakhstan:

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

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

3) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan and on the Internet 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 Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of Item 2 of this order.

3. To impose control of execution of this order on the supervising vice-minister of investments and development of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Minister of investments and development of the Republic of Kazakhstan

A. Isekeshev

Approved by the Order of the Minister of investments and development of the Republic of Kazakhstan of April 28, 2015 No. 500

Rules of implementation of monitoring and control of observance of accomplishment of conditions of contracts

1. General provisions

1. These rules of implementation of monitoring and control of observance of accomplishment of conditions of contracts (further - Rules) are developed according to the subitem 22) of article 17 of the Law of the Republic of Kazakhstan of June 24, 2010 "About subsoil and subsurface use" (further - the Law) and determine procedure of monitoring and control of observance of accomplishment of conditions of contracts for subsurface use (further - contracts).

2. Monitoring of observance of accomplishment of conditions of contracts includes activities for collection and generalization of information on the course of realization by subsoil users of contract obligations, for the purpose of ensuring control of observance of accomplishment of conditions of contracts.

3. Control of observance of accomplishment of conditions of contracts includes activities for ensuring accomplishment by subsoil users of conditions of contracts.

4. Monitoring and control of observance of accomplishment of conditions of contracts is exercised by competent authorities, local executive bodies of area, city of republican value, the capital and authorized body on studying and use of subsoil.

5. Monitoring and control of observance of accomplishment of conditions of contracts is exercised by state bodies:

under contracts for investigation, production and the combined exploration and production of hydrocarbon minerals, uranium and coal - competent authority, to No. 994 "Questions of the Department of Energy of the Republic of Kazakhstan" determined according to the order of the Government of the Republic of Kazakhstan of September 19, 2014;

under contracts for investigation, production and the combined exploration and production of underground waters and therapeutic muds and solid minerals, except uranium and coal - competent authority, to No. 995 "Some questions of the Ministry for Investments and Development of the Republic of Kazakhstan" determined according to the order of the Government of the Republic of Kazakhstan of September 23, 2014;

on accomplishment by subsoil users of conditions of contracts (contracts) for the state geological studying of subsoil - authorized body on studying and use of subsoil;

on execution by subsoil users of contract commitments under contracts for investigation, production of popular minerals and construction and (or) operation of the underground constructions which are not connected with investigation or production - local executive bodies of area, city of republican value, the capital.

2. Procedure of monitoring of observance of accomplishment of conditions of contracts

6. Monitoring of observance of accomplishment of conditions of contracts is performed on the basis of primary information provided by subsoil users in reporting form according to appendices 1, of 2, of 3, of 4, 5 to these rules, on accomplishment of the obligations provided by the contract and the working program and requirements of the Law when carrying out transactions on subsurface use and also data of the state bodies participating in monitoring of observance by subsoil users of requirements of the Law when carrying out transactions on subsurface use.

7. The subsoil users performing investigation and (or) production of solid minerals submit the quarterly report on accomplishment of the obligations provided by the contract and the working program in time no later than the 25th following the accounting period in form according to appendix 1 to these rules, authorized body on studying and use of subsoil, and also in competent authority by means of filling of screen form of the integrated information system "Single State Management System Subsurface Use of the Republic of Kazakhstan" (further - IIS EGSU NP RK) and signings by the digital signature of the official of the subsoil user responsible for submission of information.

The subsoil users performing investigation and (or) production of popular minerals represent to authorized body on studying and use of subsoil the quarterly report on accomplishment of the obligations provided by the contract and the working program in time no later than the 25th following the accounting period in form according to appendix 1 to these rules.

8. The subsoil users performing investigation and (or) production of hydrocarbon minerals submit in competent authority the quarterly report on accomplishment of the obligations provided by the contract and the working program, in time no later than the 25th following the accounting period in form according to appendix 2 to these rules, by means of filling of the IIS EGSU NP RK screen form and signing with the digital signature of the official of the subsoil user responsible for provision of information.

9. The subsoil users performing investigation and (or) production of underground waters, therapeutic muds submit the quarterly report on accomplishment of the obligations provided by the contract and the working program in time no later than the 25th following the accounting period in form according to appendix 3 to these rules, in authorized body on studying and use of subsoil, and also in competent authority by means of filling of the IIS EGSU NP RK screen form and signing with the digital signature of the official of the subsoil user responsible for submission of information.

10. The subsoil users performing construction and (or) operation of the underground constructions which are not connected with investigation or production represent to authorized body on studying and use of subsoil the quarterly report on accomplishment of the obligations provided by the contract and the working program, in time no later than the 25th following the accounting period in form according to appendix 4 to these rules.

11. The subsoil users performing investigation of solid minerals, hydrocarbon minerals and underground waters, therapeutic muds submit in competent authorities the annual statement about accomplishment of conditions of the standard contract on investigation no later than the 25th following the accounting period in form, according to appendix 5 to these rules, by means of filling of the IIS EGSU NP RK screen form and signing with the digital signature of the official of the subsoil user responsible for submission of information in time.

The subsoil users performing investigation according to the standard contract of solid minerals, hydrocarbon minerals and underground waters of therapeutic muds provide annual information on accomplishment of the minimum works on contractual the territories on blocks in authorized body on studying and use of subsoil no later than the 25th following the accounting period in time.

12. In cases if the 25th of provision of information provided by these rules is necessary on non-working (output, festive) day, then is considered the first, the working day following it last afternoon of term of provision of this information.

13. The authorized body on studying and use of subsoil on the basis of reports on accomplishment of the obligations provided by the contract and the working program provided by subsoil users according to Items 7, of 9, of 10, of 11 these rules prepares summary information which is sent to competent authority and local executive bodies of area, city of republican value, the capital within two months after the term of submission of reports on accomplishment of conditions of contracts.

14. For the purpose of implementation of monitoring of observance of accomplishment of conditions of contracts, the state bodies participating in monitoring provide data on the results of monitoring and (or) control in competent authorities based on the joint deed of exchange of information published by competent authorities together with the central and local executive bodies specified in part two of this Item.

Information on results of monitoring and (or) control of observance by subsoil users of requirements of the Law and terms of the contract when carrying out transactions on subsurface use, is provided by the following state bodies:

1) authorized body in the field of environmental protection - regarding implementation of the state control of preservation and liquidation of objects of subsurface use;

2) authorized body concerning employment of the population - according to local content in personnel, and also to providing conditions and compensations of the Kazakhstan personnel on not discrimination basis;

3) authorized body in the fields of education and sciences - regarding training of the Kazakhstan specialists;

4) local executive bodies of area, city of republican value, the capital - regarding local content in goods, works, services and personnel and social development of the territories, including through the register of the goods, works and services used when carrying out transactions on subsurface use and their producers;

5) authorized body in the field of industrial safety - regarding observance of conditions of contracts on subsurface use on industrial safety;

6) the authorized body performing management in the field of ensuring receipts of taxes and other obligatory payments in the budget - regarding observance of conditions of contracts on subsurface use on charge of receipts of taxes and other obligatory payments in the budget;

7) authorized body on studying and use of subsoil - regarding respect for the provisions of the law.

15. All data of monitoring including arriving from other state bodies are entered by competent authorities into IIS EGSU NP RK.

3. Procedure of control of observance of accomplishment of terms of the contract

16. Control of observance of accomplishment of conditions of contracts within the competence (further - control) is exercised by competent authorities, local executive bodies of area, city of republican value, the capital and authorized body on studying and use of subsoil.

17. During control competent authorities, local executive bodies of area, city of republican value, the capital and authorized body on studying and use of subsoil perform monitoring data analysis, and also perform subsoil users on observance of conditions of contracts by them according to the Law and the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015.

18. If during control the fact of failure to carry out by the subsoil user of terms of the contract will be elicited, competent authorities, local executive bodies of area, the cities of republican value, the capitals and authorized body on studying and use of subsoil take concerning such subsoil user measures according to the laws and provisions of the contract and inform the state bodies which provided information according to Item 14 of these rules on the taken measures.

Appendix 1

to Rules of implementation of monitoring and control of observance of accomplishment of conditions of contracts

FORM NO. 1-LKU

Who is represented ________________________________________________

_________________________________________________________________

Name, address, phone, e-mail

PHH _____________________________________________________________

Identification number (BIN, IIN) _____________________________

The report on accomplishment of obligations it is license / contractual terms and the working program (investigation and (or) production of solid or popular minerals)

for _______________ 20 __.

Code of subject of the report

 

Number/date of the issue/conclusion of the license/contract

 

Supplementary agreements - number/registration date

 

Transaction type on subsurface use

 

Pattern of ownership of the company - the subsoil user

 

Investor(s) / country (ны)

 

Equity (in % of shares)

 

Contractual territory / field, area of mountain and geological branch

 

License/contract effective period

 

Average rate across the Republic of Kazakhstan for the accounting period of $1 = ___________ tenge

 

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