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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of June 29, 2016 No. 382

About approval of Rules of involvement of the independent consultant

(as amended of the Order of the Government of the Republic of Kazakhstan of 16.04.2021 No. 247)

According to Item 5 of article 100-1 of the Law of the Republic of Kazakhstan of March 1, 2011 "About state-owned property" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of involvement of the independent consultant.

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 June 29, 2016 No. 382

Rules of involvement of the independent consultant

Chapter 1. General provisions

1. These rules of involvement of the independent consultant (further - Rules) are developed according to Item 5 of article 100-1 of the Law of the Republic of Kazakhstan "About state-owned property" (further - the Law) and determine procedure for involvement of the independent consultant for the purpose of:

estimates of market value of subject to privatization which book value makes more than 2 500 000-fold sizes of the monthly settlement indicator established by the law on the republican budget and operating for January 1 of the corresponding financial year (further - subject to privatization);

supports of the transaction on sale of subject to privatization by tender in the form of two-stage procedures.

2. In these rules the following concepts are used:

1) technique of complex assessment - the technique developed by project office for assessment of proposals of independent consultants taking into account quality and quantity characteristics, the price of the services and (or) works and other conditions specified in proposals of independent consultants, approved by the central authorized body on budget implementation or local executive body;

2) the consultant - the legal entity, including foreign, the participant of estimative and (or) investing activities, and (or) financial and (or) legal consultation involved as the seller for the purpose of development of offers on subjects to privatization;

3) working group (project office) (further - working group) - the working group under the commission on questions of privatization of objects of state-owned property created by the consultant determined according to the legislation on public procurements;

4) the web portal of the register of state-owned property - the Internet resource placed on the Internet to the address: www.gosreestr.kz providing single point of access to the electronic database of the register of state-owned property;

5) the seller - authorized body on management of state-owned property or local executive body;

6) independent consultants - legal entities, including the foreign, or their associations, participants of estimative and (or) investing activities, and (or) financial consultation involved as the seller for the purpose of evaluating market value of subject to privatization and (or) support of the transaction on subjects to privatization;

7) the commission on questions of privatization of objects of state-owned property (further - the commission) - the collegiate organ created by the central authorized body on budget implementation or local executive body for preparation of offers and carrying out sale of subjects to privatization, and also implementation of selection of the independent consultant;

8) privatization - sale of state-owned property by the state to physical persons, non-state legal entities within the special procedures established by the Law of the Republic of Kazakhstan "About state-owned property".

Chapter 2. Procedure for involvement of the independent consultant

3. The procedure of involvement of the independent consultant includes the following events:

1) collection by the seller of necessary information on subject to privatization;

2) creation by the working group of request for proposals and preparation of the draft agreement;

3) publication by the seller of request for proposals and, if necessary, request for proposals mailing to potential independent consultants;

4) ensuring with the seller access to subject to privatization to potential independent consultants for acquaintance and receipt of the additional information;

5) choice of the independent consultant by the commission and conclusion of the agreement.

4. Involvement of the potential independent consultant is performed by one of the following methods:

1) from one source;

2) by request and consideration of proposals of potential independent consultants.

5. Involvement of the potential independent consultant by method from one source is performed by the direct conclusion of the agreement of rendering services in evaluating market value and (or) to support of the transaction on subject to privatization (further - the agreement) in cases if:

1) the independent consultant was attracted to rendering the corresponding services concerning subject to privatization earlier, and the commission it was recommended about feasibility of continuation of the relations with such independent consultant concerning this subject to privatization on condition of satisfactory execution of services by it at initial stage;

2) additional services and (or) works which are not provided by the agreement are required and predvidena seller at the time of the conclusion of the agreement were not, but are necessary for completion of execution of services and (or) performance of works under the agreement.

6. Involvement of the potential independent consultant by method from one source in the cases provided in subitems 1) and 2) of Item 5 of these rules is performed by the seller based on the recommendation of the commission. At the same time the term of the contract or the supplementary agreement to the agreement are determined by the negotiations held according to provisions of these rules.

7. The working group develops offers for the commission:

1) about privatization type, sales terms of subject to privatization and requirements to the buyer of subject to privatization;

2) according to requests for quotation to potential independent consultants for assessment of market value of subject to privatization and (or) support of the transaction on sale of subject to privatization, including motivated offers about consolidation or separation of these types of service.

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