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I.O.'S ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of February 8, 2017 No. 85

About approval of Rules and conditions of the conclusion and termination of the special investment contract

(as amended on 21-05-2020)

According to Item 3 of article 295-1 of the Entrepreneurial Code of the Republic of Kazakhstan of October 29, 2015 PRIKAZYVAYU:

1. Approve the enclosed Rules and conditions of the conclusion and termination of the 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.

Acting Minister of investments and development of the Republic of Kazakhstan

A. Rau

It is approved

Minister of Finance of the Republic of Kazakhstan

February 7, 2017

 

_______________ B. Sultanov

Approved by the Order of the acting minister on investments and development of the Republic of Kazakhstan of February 8, 2017 No. 85

Rules and conditions of the conclusion and termination of the special investment contract

Chapter 1. General provisions

1. These rules and conditions of the conclusion and termination of the special investment contract (further – Rules) are developed according to Item 3 of article 295-1 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 (further – the Code) and determine procedure and conditions of the conclusion and termination of the special investment contract.

2. In these rules the following concepts are used:

1) the special investment project - the investment project realized and (or) realized 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 or the project 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) the applicant - the legal entity of the Republic of Kazakhstan registered as the participant of special economic zone, or the legal entity of the Republic of Kazakhstan registered as the owner of free warehouse, or the legal entity of the Republic of Kazakhstan who signed the agreement on industrial assembly of motor vehicles, submitted the application for provision of investment preferences within implementation of the special investment project.

Chapter 2. Procedure and conditions of the conclusion and termination of the special investment contract

3. For the conclusion of the special investment contract the applicant to authorized body on investments submits the application for provision of investment preferences within implementation of the special investment project (further - the Request) in form, according to appendix of 1 order of the Minister of investments and development of the Republic of Kazakhstan of February 6, 2017 to No. 74 "About approval of the commitment form for provision of investment preferences within implementation of the special investment project and rules of its acceptance and registration" (further - the order No. 74 of February 6, 2017) (it is registered in the Register of state registration of regulatory legal acts for No. 14800).

3-1. Within 3 (three) working days from the date of registration of the request the authorized body on investments transfers the request and documents attached to it specified in item 4 of Regulations of Admission and registration of the request for provision of investment preferences within implementation of the special investment project according to appendix 2 of the order No. 74 of February 6, 2017 to authorized body according to the conclusion of special investment contracts (further - authorized body) for consideration.

4. The authorized body within fifteen working days from the date of receipt of the request for provision of investment preferences for the special investment project prepares for signing the special investment contract according to Item 2 of article 295-1 of the Code.

5. The special investment contract is signed in case of the applicant's compliance to one of the following conditions:

1) the applicant is registered as the participant of special economic zone according to the legislation of the Republic of Kazakhstan on special economic zones;

2) the applicant is registered as the owner of free warehouse according to the customs legislation of the Republic of Kazakhstan;

3) the applicant signs the agreement on industrial assembly of motor vehicles.

6. The authorized body refuses the conclusion of the special investment contract on the following bases:

1) representations by the applicant of incomplete document package;

2) submissions of false information by the applicant;

3) not compliance of the applicant to conditions, stipulated in Item 5 these rules.

7. The special investment contract is terminated under following conditions:

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