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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 30, 2015 No. 1141

About some questions of privatization for 2016 - 2020

(as amended on 28-10-2019)

The government of the Republic of Kazakhstan DECIDES:

1. Approve enclosed:

1) the Comprehensive plan of privatization for 2016 - 2020 (further - the Comprehensive plan);

2) target indicators of realization of the Comprehensive plan.

2. On the state organizations and the affiliated, dependent organizations of the national managing holdings, the national companies and other legal entities who are affiliated with them which book value makes more 2500000-fold size of the monthly settlement indicator established by the law on the republican budget and which is operating for January 1 of the corresponding financial year (further - the large organizations) subject to transfer to competitive environment in priority procedure:

1) to approve the list of the large organizations of republican property, privatizeable in priority procedure, according to appendix 1;

2) to local executive bodies to approve the list of the large organizations of municipal property, privatizeable in priority procedure, according to appendix 2;

To recommend 3) to national managing holdings, national holdings, to the national companies to approve the list of the large affiliated, dependent organizations of the national managing holdings, national companies and other legal entities which are affiliated with them, offered to transfer to competitive environment in priority procedure according to appendix 3.

3. Recommend to National welfare fund "Samruk-Kazyna":

1) to approve the list of the affiliated, dependent organizations offered to transfer to competitive environment according to appendix 4;

2) if necessary, for the purpose of involvement of strategic investors to perform crushing of packets of shares/share of participation of the legal entities provided in appendices 3 and 4;

3) if necessary, for the purpose of economic feasibility to reorganize or liquidate without tendering the legal entities specified in appendix 4.

4. On the organizations of republican property, privatizeable, to the organizations of municipal property, the affiliated, dependent organizations of the national managing holdings, national holdings, the national companies and other legal entities who are affiliated with them, offered to transfer to competitive environment:

1) to approve the list of the organizations of republican property, privatizeable, according to appendix 5;

2) to local executive bodies to approve the list of the organizations of municipal property offered to transfer to competitive environment according to appendix 6;

To recommend 3) to national managing holdings, national holdings, the national companies, joint-stock companies, except for joint-stock company "National welfare fund "Samruk-Kazyna", to approve the list of the affiliated, dependent organizations of the national managing holdings, national holdings, national companies, joint-stock companies and other legal entities which are affiliated with them, offered to transfer to competitive environment according to appendix 7;

To recommend 4) to national managing holdings, national holdings, the national companies, joint-stock companies if necessary, for the purpose of economic feasibility to reorganize or liquidate without tendering the legal entities specified in appendix 7.

5. Determine that local executive bodies can:

1) to realize the objects provided in appendices 2 and 6, in the form of public-private partnership in case of inclusion of the specified objects in the list of projects of public-private partnership according to the Rules of forming of the list of the projects of public-private partnership planned to realization, approved by the central authorized body on state planning;

2) if necessary, for the purpose of economic feasibility to liquidate without tendering the legal entities specified in appendix 6.

6. To the central and local executive bodies, national managing holdings, national holdings, the national companies (in coordination), and also to the interested organizations responsible for execution of the Comprehensive plan:

1) to take measures for realization of the Comprehensive plan;

2) annually following the results of half-year and year (by July 10 and by January 10) to provide information on the course of realization of the Comprehensive plan in the Ministry of national economy of the Republic of Kazakhstan.

7. Annually following the results of half-year and year (by January 25 and by July 25) to provide to the ministry of national economy of the Republic of Kazakhstan submission to the Government of the Republic of Kazakhstan of summary information on course of execution of the Comprehensive plan.

8. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix 8.

9. To impose control of execution of this resolution on the First deputy Premier-Ministra of the Republic of Kazakhstan Mamina A. U.

10. This resolution becomes effective since January 1, 2016.

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of December 30, 2015, No. 1141

Comprehensive plan of privatization for 2016 - 2020

No. of payment order

Name of action

Completion form

Executives in charge

Completion date

Expected expenses (one million tenges)

Financing source

1

2

3

4

5

6

7

1. Privatization of objects of state-owned property and transfer to competitive environment of the objects of the quasi-public sector specified in appendices 1, of 2, 3 and 4 to the order of the Government of the Republic of Kazakhstan

1.

Creation of Project office on privatization and transfer of assets of the quasi-public sector in competitive environment under the Government of the Republic of Kazakhstan (further – Project office) and approval of the Regulations on Project office

order of the Prime Minister of the Republic of Kazakhstan

MNE, MF, JSC NWF Samruk-Kazyna, JSC NUH Bayterek, JSC NUH Kazagro

January, 2016

when refining the republican budget for 2016 or reserve of the Government of the Republic of Kazakhstan

when refining the republican budget for 2016 or reserve of the Government of the Republic of Kazakhstan

2.

Consideration by State commission on upgrade of economy of recommendations of Project office (types and sales terms, requirements to buyers and independent consultants)

the protocol of State commission on upgrade of economy

MNE, MF, UOSO, JSC NWF Samruk-Kazyna, JSC NUH Bayterek, JSC NUH Kazagro

constantly, since 2016

are not required



3.

Decision making on direct address sale and tender by two-stage procedures to the strategic investor of subjects to privatization

orders of the Government of the Republic of Kazakhstan

MF, NH, NOAH, TAX CODE

constantly, since February, 2016

are not required



4.

Development and acceptance of procedure for involvement of the independent consultant

oRDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

MNE

December, 2015

are not required



5.

Involvement of independent consultants according to procedure, stipulated in Item 1.4. this Section

information in the Government of the Republic of Kazakhstan

MF, JSC NWF Samruk-Kazyna, JSC NUH Bayterek, JSC NUH Kazagro

constantly, since 2016



republican budget and means of the companies

6.

Carrying out pre-sale preparation and implementation of sale of objects of state-owned property and the quasi-public sector with involvement of independent consultants

purchase and sale agreements

MF, local executive bodies, NUH, NH, Tax Code

constantly, since 2016

within the budget programs: 094 "Management of the state assets", the subprogramme 100 "Privatization, management of state-owned property, post-privatization activities and regulation of the disputes connected with it" for 2016-2018 on republican property;
009 "Privatization, management of municipal property, post-privatization activities and regulation of the disputes connected with it" on municipal property

republican and local budgets

2. Privatization of the objects of state-owned property specified in appendices 5 and 6 to the order of the Government of the Republic of Kazakhstan

1.

Decision making about sale of the objects of state-owned property included in the list of objects of republican and municipal property privatizeable and transfer to competitive environment

on republican property – the order MF

on republican property – MF

constantly, since January, 2016

are not required



on municipal property – decisions of local executive bodies

on municipal property – akims of areas, cities of Astana and Almaty

2.

Provision of the corresponding industries by authorized bodies, local executive bodies of offers on choice of type of the biddings of objects of republican and municipal property, and also transfer to competitive environment

on republican property – offers in MF

on republican property – UOSO




constantly





on municipal property – offers in local executive bodies

on municipal property – akims of areas, cities of Astana and Almaty

3.

Organization and carrying out pre-sale preparation and sale of objects of state-owned property

purchase and sale agreement

MF, akims of areas, cities of Astana
and Almaty

constantly





4.

Transfer of objects of state-owned property using mechanisms of public-private partnership according to the procedure, determined by the legislation of the Republic of Kazakhstan

agreement of public-private partnership

MF, UOSO, akims of areas, cities of Astana and Almaty

constantly, since March, 2016

are not required



3. Pre-sale preparation and transfer to private sector of assets of national managing holdings, national holdings, national companies

1.

Approval of the list of the companies which are subject to transfer to private property

decisions of authorized NUH, NH, Oil Company bodies

NUH, NH, the Tax Code (in coordination)

February, 2016

are not required



2.

Approval of the list of the companies which sale is possible after holding actions for their pre-sale preparation directed to increase in their investment appeal

decisions of authorized NUH, NH, Oil Company bodies or their subsidiary companies

NUH, NH, the Tax Code, Scientific Production Enterprise (in coordination)

February, 2016

are not required



3.

Development of the Road map on pre-sale preparation of each organization transferred to competitive environment

decisions of authorized NUH, NH, Oil Company bodies or their subsidiary companies of the decision of representatives

NUH, NH, the Tax Code, Scientific Production Enterprise (in coordination)

constantly, since March, 2016

are not required



4.

Holding actions for pre-sale preparation of the companies for the purpose of increase in their investment appeal




bodies of NUH, NH, Tax Code or their subsidiary companies

NUH, NH, the Tax Code, Scientific Production Enterprise (in coordination)

constantly, since March, 2016

are not required



5.

Development and approval of the schedule of exposure to the biddings of the companies and their assets

decisions of the NUH, NH authorized bodies,
Tax Code or their subsidiary companies

NUH, NH, the Tax Code, Scientific Production Enterprise (in coordination)

annually

are not required



6.

Decision making of the Government of the Republic of Kazakhstan about alienation of strategic objects

orders of the Government of the Republic of Kazakhstan

UOSO

as required

are not required



4. Forming of optimum structure of state-owned property

1.

Carrying out on permanent basis of the analysis and assessment of condition of competitive environment in the goods markets in which the organizations with the state participation and the companies entering into structure of national managing holdings, national holdings, the national companies are effective. Introduction of offers on feasibility of their further functioning in this goods market

information in the Government of the Republic of Kazakhstan

KZRK MNE, Scientific Production Enterprise (in coordination)

on semi-annual basis, constantly

are not required



2.

Development of the concept of the bill of the Republic of Kazakhstan "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning reforming of structure of state-owned property"

draft of the concept of the Law of the Republic of Kazakhstan

MNE, MF, UOSO, akims of areas, cities of Astana and Almaty

April, 2016

are not required



5. Information support

1.

Development of large-scale PR campaign on privatization within Single information policy with involvement of special advisers

order of MIR

MIR, MF, MNE, UOSO, NUH, NH, the Tax Code (in coordination)

January, 2016

are not required, within the budget program 031 "Carrying out the state information policy"



2.

Realization of PR campaign on privatization within single information policy with involvement of special advisers

information in MNE

MIR, MF, UOSO, NUH, NH, the Tax Code (in coordination), Project office

constantly, on semi-annual basis, by June 25 and on December 25

republican budget and means of holdings



3.

Carrying out Road-show of the large companies

information in MNE

MIR, MF, UOSO, akims of areas, cities of Astana and Almaty, NUH, NH, the Tax Code (in coordination), Project office

constantly, on semi-annual basis, by June 25 and on December 25

budget of the companies



4.

The publication of notices on sale of subjects to privatization in periodic printing editions and on the web portal of the register of state-owned property

information message

on republican property - MF, Scientific Production Enterprise (in coordination); on municipal property – akims of areas, cities of Astana and Almaty, Scientific Production Enterprise (in coordination)

constantly, 2016-2020

Within the budget programs: 094 "Management of gosudarstvennymiaktivama",
the subprogramme 100 "Privatization, management of state-owned property, post-privatization activities and regulation of the disputes connected with it" for 2016-2018 on republican property;
009 "Privatization, management of municipal property, post-privatization activities and regulation of the disputes connected with it" on municipal property



5.

The publication and distribution of information on realization of the companies and their objects (profile, non-core) in competitive environment, submission due dates of requests, the list of necessary documents and other data through mass media, web portals of the companies, regional chambers of entrepreneurs and associations of entrepreneurs of various industries

information message

NUH, NH, the Tax Code, Scientific Production Enterprise (in coordination)

constantly, 2016-2020

are not required



6.

The publication of articles in mass media, social networks about the course of carrying out privatization of objects of state-owned property, realization of the companies and their objects in private sector

the publication of Articles in mass media, messages on social networks

MNE, MF, akims of areas, cities
Astana, and Almaty, NUH, NH, the Tax Code, Scientific Production Enterprise (in coordination)

constantly, 2016-2020

are not required



Note:

disaggregation of abbreviations:

companies

- affiliated and dependent organizations of national managing holdings, national holdings, national companies

MF

- Ministry of Finance of the Republic of Kazakhstan

the organizations with the state participation

- the state companies and joint-stock companies and limited liability partnerships controlled by the state

UOSO

- authorized body of the corresponding industry

NOAH

- national managing holdings

TAX CODE

- national companies

SCIENTIFIC PRODUCTION ENTERPRISE

- National chamber of entrepreneurs of Kazakhstan of Atameken

HX

- national holdings

MNE

- Ministry of national economy of the Republic of Kazakhstan

KZRK MNE

- Committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan

JSC NWF Samruk-Kazyna

- joint-stock company "National welfare fund "Samruk-Kazyna"

JSC NUH Bayterek

- joint-stock company "National managing holding "Bayterek"

JSC NUH Kazagro

- joint-stock company "National managing holding "Kazagro"

Approved by the Order of the Government of the Republic of Kazakhstan of December 30, 2015 No. 1141

Target indicators of realization of the Comprehensive plan of privatization for 2016 - 2020

1. Reducing by 2021 subjects of the quasi-public sector of the organizations of republican property for 15%.

2. Transfer to competitive environment of the organizations of municipal property to total quantity of 5%.

Appendix 1

Approved by the Order of the Government of the Republic of Kazakhstan of December 30, 2015, No. 1141

The list of the large organizations of republican property, privatizeable in priority procedure 

No. of payment order

No. of payment order

Name of the organization

1

2

3

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