of February 7, 2017 No. 75
About approval of the standard special investment contract
According to Item 2 of article 295-1 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 PRIKAZYVAYU:
1. Approve the enclosed standard special investment contract.
2. To provide to committee on investments 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 from the date of state registration of this order the direction it the copy in printing and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;
3) within ten calendar days after state registration of this order the direction it the copy on official publication in periodic printing editions;
4) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan;
5) 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 actions, according to subitems 1), 2), 3) and 4) this Item.
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 from the date of its first official publication.
Minister of investments and development of the Republic of Kazakhstan
Zh. Kasymbek
Approved by the Order of the Minister of investments and development of the Republic of Kazakhstan of February 7, 2017 , No. 75
Nour-Sultan's city __________________
(number, month, year)
This special investment contract is signed between,
_____________________________________________________________
(name of authorized body)
on behalf of ______________________________________________________,
(surname, name, middle name (in the presence)
the head or person who is replacing it, acting on the basis of the
_____________________________________________________________
(provision and (or) order)
(further - Authorized body), and ___________________________
_____________________________________________________________,
(name of the legal entity of the Republic of Kazakhstan, business
identification number and date of state
registration/re-registrations)
being participant of special economic zone or the owner of free warehouse or the legal entity who signed the agreement on industrial assembly of vehicles and (or) their components, and also agricultural machinery and (or) its components and enabling the realization of the special investment project on behalf of
_______________________________________________________________,
(surname, name, middle name (in the presence) first head
or other authorized person) acting on the basis of the
(the charter or the power of attorney) (further - the Legal entity),
the hereinafter referred to as Parties, in view of that:
1) the Authorized body is given the rights which are directly connected with the conclusion and termination of the special investment contract;
2) the Parties agreed that the special investment contract will regulate their mutual rights and obligations in case of realization
_______________________________________________________________,
(name of the special investment project)
also signed this special investment contract as follows.
1. The basic concepts used in this special investment contract:
1) the special investment project is the investment project realized (implemented) by the legal entity of the Republic of Kazakhstan registered as the participant of special economic zone or the owner of free warehouse according to the customs legislation of the Republic of Kazakhstan, and (or) acquired at the participant of special economic zone or realized by the legal entity of the Republic of Kazakhstan who signed the agreement on industrial assembly of motor vehicles;
2) the special investment contract - the agreement providing investment preferences for the special investment project;
3) accessories - the components, in total, constituting constructive integrity of processing equipment;
4) processing equipment - goods, held for use in engineering procedure of the special investment project;
5) the third party - any person which is not the Party under the special investment contract;
6) force majeure - the force majeure circumstances complicating the course or resulting in impossibility of further execution of the special investment contract (the military conflicts, natural disasters, natural disasters and other);
7) raw materials and (or) materials - any mineral, component, detail or other goods used for receipt of finished goods by means of engineering procedure.
2. Subject of this special investment contract is provision to the Legal entity of investment preferences in type:
releases from taxation by customs duties of the used raw materials and (or) materials imported by legal entities of the Republic of Kazakhstan within implementation of the special investment project based on the special investment contract it is performed in case of completion of action of customs procedure of free customs zone or free warehouse on condition of identification of such raw materials and materials in the received product and recognitions of target use of conditionally released goods;
tax exemption on commodity import value added as a part of the finished goods made in the territory of special economic zone or free warehouse according to the tax legislation of the Republic of Kazakhstan;
tax exemption on value added of import of raw materials and (or) materials as a part of vehicles and (or) agricultural machinery, and also their components placed under customs procedure of free warehouse according to the tax legislation of the Republic of Kazakhstan;
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