On Approval of the provisions of the Investment Committee of the Ministry of Investments and Development of the Republic of Kazakhstan, and Territorial Department of the Investment Committee of the Ministry for Investment and Development of the Republic of Kazakhstan State Institutions - the administration of the Burabay Special Economic Zone

New Unofficial translation

Order No. 100 of the Acting Minister for Investment and Development of the Republic of Kazakhstan dated October 24, 2014, registered under No. 9841 in the Ministry of Justice of the Republic of Kazakhstan on October 29, 2014.

      According to Resolution No. 933 of the Government of the Republic of Kazakhstan dated August 14, 2014 "On Departments of the Central Executive Bodies of the Republic of Kazakhstan" and Resolution No. 995 "Some Issues of the Ministry for Investment and Development of the Republic of Kazakhstan" dated September 19, 2014, I hereby ORDER that:

      1. The attached regulations:

      1) of the Investment Committee of the Ministry of Investment and Development of the Republic of Kazakhstan State Institution in accordance with Supplement 1 to this order; and

      2) of the "Territorial Department of the Investments Committee of the Ministry of Investment and Development of the Republic of Kazakhstan State Institution - the administration of the Burabay Special Economic Zone in accordance with Supplement 2 to this order, shall be approved.

      2. Subparagraphs 2) and 10) of paragraph 1 of the order No. 142 of Deputy Prime Minister of the Republic of Kazakhstan - Minister of Industry and New Technologies of the Republic of Kazakhstan "On approval of the Regulations of the State Enterprises of the Ministry of Industry and New Technologies of the Republic of Kazakhstan and their territorial bodies" dated April 30, 2014 (registered under No. 9490 in the Register of State Registration of Regulatory Legal Acts of the Republic of Kazakhstan, and published on July 4, 2014 in the Information and Adilet Legal System) shall be declared to be no longer in effect

      3. The Investment Committee of the Ministry of Investments and Development of the Republic of Kazakhstan (Ye. K. Khairov) shall ensure:

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

      2) sending a copy for official publication in the mass media and information and Adilet Legal System of the Republican Center for Legal Information of the Ministry of Justice of the Republic of Kazakhstan Republican State Enterprise on the Right of Economic Use within ten calendar days after the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

      3) this order posting on the Internet resource of the Ministry for Investment and Development of the Republic of Kazakhstan and on the intranet portal of state bodies;

      4) submission to the Legal Department of the Ministry for Investment and Development of the Republic of Kazakhstan of the information on the implementation of actions provided for in subparagraphs 1), 2) and 3) of this paragraph within 10 working days after the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan.

      4. Supervision of this Order fulfillment shall be entrusted to the Vice-Minister of Investments and Development of the Republic of Kazakhstan Ye.K. Sagadiyev.

      5. This order shall be enforced upon expiry of 10 calendar days after its first official publication.

      Acting Minister Ye. Sagadiyev

  Supplement 1
to Order No. 100 of Acting
Minister for Investments and
Development of the Republic of
Kazakhstan dated October24, 2014

Regulations
of the "Investment Committee of the Ministry for Investment and Development of the Republic of Kazakhstan" State Institution

1. General provisions

      1. The "Investment Committee of the Ministry of Investments and Development of the Republic of Kazakhstan" State Institution (hereinafter referred to as the Committee) is the Department of the Ministry for Investment and Development of the Republic of Kazakhstan (hereinafter referred to as the Ministry) and shall perform regulatory, implementing and monitoring functions, and also participate in performance of the Ministry strategic functions in the field of state investment policy and investment support policy, creation of a favorable investment climate, establishment, operation and abolishment of the Special Economic Zones.

      2. The Committee shall carry out its activities in compliance with the Constitution of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan, the Acts of the President and the Government of the Republic of Kazakhstan and other regulations, as well as these Regulations.

      3. The Committee is a legal entity having the organizational and legal form of the State Institution; it has seals and stamps with its name in the state language, forms of established sample and accounts in the Exchequer Chamber in accordance with the legislation of the Republic of Kazakhstan.

      4. The Committee enters into civil-law relations on its own behalf.

      5. On the matters concerning its competence The Committee shall, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, make decisions formalized the orders of the Chairman of the Committee.

      6. Structure and limit of the regular staffing of the Committee shall be approved in accordance with the applicable legislation.

      7. Place of the Committee location is 32/1 Kabanbay-batyr avenue, Transport Tower administrative building, Esil district, Astana 010000, the Republic of Kazakhstan.

      8. Full name of the Committee is

      In the state language - "Ќазаќстан Республикасы Инвестициялар жҚне даму министрлігініҺ Инвестиция комитеті" республикалыќ мемлекеттік мекемесі;

      in Russian - республиканское государственное учреждение "Комитет по инвестициям Министерства по инвестициям и развитию РеспубликиКазахстан";

      9. This Regulation is the constituent document of the Committee.

      10. The Committee's activities shall be financed at the expense of Republican Budget.

      11. The Committee shall not enter into contractual relations with business entities for fulfillment of the responsibilities constituting the Committee functions.

      Should the Committee be entitled by the legislative acts of the Republic of Kazakhstan to carry out the income-generating activities, the incomes gained from such activities shall be transferred to the republican budget revenue.

2. Main objectives, functions, rights and responsibilities of the Committee

      12. The objective:

      participation in the establishment and implementation of state policy in the sphere of creation, functioning and abolishment of the Special Economic Zones.

      13. The functions:

      1) coordination of the activities of state bodies and managing companies in the sphere of creation, functioning and abolishment of the Special Economic Zones, except for the "Astana is a new city Special Economic Zone;

      2) development of framework agreements on the activities carrying out;

      3) maintaining a single register of the Special Economic Zone participants in the on the basis of information provided by the authorities of the Special Economic Zone;

      4) competitive selection of persons to manage the managing jointly with the relevant government bodies.

      14.The objective:

      implementation of state policy of investment support.

      15. The functions:

      1) implementation of state support for investments;

      2) interaction with investors implementing investment priority projects on the principle of "single window" for the investor;

      3) investors assistance in ensuring guaranteed order from interested legal entities in accordance with the investment contract concluded between the authorized body and the investor;

      4) adoption in the established procedure of a decision on Government grants-in-kind;

      5) decision on provision of investment preferences;

      6) receipt, registration and review of applications for the investment preferences;

      7) monitoring of compliance with the terms and conditions of investment contracts;

      8) conclusion, registration and termination of the investment contracts.

      16. The Committee shall perform other functions stipulated by the legislation of the Republic of Kazakhstan.

      17. Rights and responsibilities of the Committee:

      The Committee shall:

      1) issue orders within the limits of its competence;

      2) request and receive the necessary information and materials from the structural unit of the Ministry, state bodies, organizations, their officials in the order established by the law;

      3) make proposals on improving the legislation of the Republic of Kazakhstan;

      4) conduct meetings, seminars, conferences, round tables, competitions and other events on issues within the competence of the Committee;

      5) make proposals on the establishment of consultative-advisory bodies (work groups, commissions, councils) in the supervised areas of activity;

      6) involve relevant specialists to participate in expert examinations on issues within its competence;

      7) exercise other rights stipulated by the current legislation of the Republic of Kazakhstan.

      The responsibilities of the Committee include:

      1) ensuring the implementation of objectives and functions assigned to the Committee;

      2) compliance with the legislation of the Republic of Kazakhstan, rights and legally protected interests of individuals and legal entities;

      3) participation in clarification of issues within the competence of the Committee;

      4) submission of necessary materials and references within the limits of its competence and within the framework of the legislation in case of official request about this by the structural units of the Ministry and state bodies;

      5) ensuring the preservation of state property on the balance sheet of the Committee;

      6) compilation and provision of accounting and financial statement to the Ministry;

      7) ensuring the full, timely and effective use of budgetary funds allocated to the Committee;

      8) conducting public procurement procedures in accordance with the legislation of the Republic of Kazakhstan in the field of public procurement.

3. Arrangement of the Committee

      18. The Committee is helmed by the Chairman, who is appointed and dismissed in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

      19. The Chairman has deputies appointed and dismissed by the Executive Secretary of the Ministry.

      20. The Chairman of the Committee shall submit the administration authority of the Ministry proposals on the structure and staffing chart of the Committee.

      21. The Chairman of the Committee shall execute general management of the Committee's activities and shall bear personal responsibility for the performance of the objectives assigned to the Committee and the exercise of the functions.

      22. With this view, the Chairman of the Committee shall:

      1) determine the responsibilities and powers of the deputies, heads of the structural units and employees of the Committee;

      2) issue orders within the competence;

      3) appoint and dismiss employees of the Committee;

      4) solve the issues of detachment, granting leaves, material assistance, training (retraining), advanced training, encouragement, payment of bonuses, as well as disciplinary responsibility of the Committee's employees;

      5) represent the Committee in the state bodies and other organizations;

      6) approve the regulations on the structural units of the Committee;

      7) hold personal responsibility for the implementation of republican budget programs;

      8) take decisions on matters within the competence.

      Execution of the powers of the Chairman of the Committee during his absence shall be carried out by the deputy person.

      23. Deputy Chairman of the Committee shall:

      1) coordinate the activities of the structural units of the Committee within the authority;

      2) perform other functions assigned by the Chairman of the Committee.

      4. Property of the Committee

      24. The Committee has a separate property on the right of the management.

      The property of the Committee shall be formed at the expense of property transferred to it by the state, as well as other property, the value of which shall be reflected in the balance of the Committee.

      25. The property assigned to the Committee shall be referred to the republic's property.

      26. The Committee shall not alienate or dispose the property assigned to it in other way, unless otherwise provided by the laws of the Republic of Kazakhstan.

5. Reorganization and liquidation of the Committee

      27. Reorganization and liquidation of the Committee shall be executed in accordance with the civil legislation of the Republic of Kazakhstan.

  Supplement 2
to Oder No. 100 of Acting
Minister for Investment and
Development of the Republic of
Kazakhstan dated October 24, 2014

Regulations
of the Territorial Department of the Investment Committee of the Ministry of Investment and Development of the Republic of Kazakhstan State Institution - the administration of the Burabay Special Economic Zone

1. General provisions

      1. The "Territorial Department of the Investment Committee of the Ministry of Investment and Development of the Republic of Kazakhstan - the administration of the Burabay Special Economic Zone State Institution (hereinafter referred to as the Department) is the territorial body of the Investments Committee of the Ministry for Investment and Development of the Republic of Kazakhstan (hereinafter referred to as the Committee) established to provide functioning of the Burabay Special Economic Zone (hereinafter referred to as the SEZ),in accordance with the legislation of the Republic of Kazakhstan.

      2. The Department shall carry out activities in accordance with the Constitution of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan, the Acts of the President and the Government of the Republic of Kazakhstan and other regulations and these Regulations.

      3. The Department is a legal entity in the organizational and legal form of the State Institution; it has seals and stamps with its name in the state language, forms of the established sample and accounts in the Exchequer Chamber in accordance with the legislation of the Republic of Kazakhstan.

      4. The Department shall enter into civil-law relations on its own behalf.

      5. The Department shall act as a party of the civil law relations on behalf of the state, if it is authorized in accordance with the legislation of the Republic of Kazakhstan.

      6. The Department, within its competence and in the order established by the legislation of the Republic of Kazakhstan, shall take decisions, issued by orders of the Head of the Department.

      7. The structure and staff size of the territorial body shall be approved by the Executive Secretary of the Ministry of Investment and Development of the Republic of Kazakhstan as may be agreed with the Minister of Investments and Development of the Republic of Kazakhstan.

      8. Full name of the Department is

      in the state language - "Ќазаќстан Республикасы Инвестициялар жҚне даму министрлігініҺ Инвестиция комитетініҺ аумактыќ департаменті -"Бурабай" арнайы экономикалыќ аймақыныҺ Қкімшілігі" республикалыќ мемлекеттік мекемесі;

      in Russian - республиканское государственное учреждение "Территориальный департамент Комитета по инвестициям Министерства по инвестициям и развитию РеспубликиКазахстан – администрация специальной экономической зоны "Бурабай".

      9. Place of the Department location of is 45b Kenessary Street, Burabay village, Burabay district, Akmola oblast, 021708, the Republic of Kazakhstan.

      10. The constituent document of the Department is this Regulation.

      11. The Department activities shall be financed at the expense of Republican.

      12. Should the Department be entitled by the legislative acts of the Republic of Kazakhstan to carry out the income-generating activities, the incomes gained from such activities shall be transferred to the republican budget revenue.

      13. The Department shall not enter into contractual relations with business entities for fulfillment of the responsibilities constituting the Department functions.

2. Main objectives, functions, rights and responsibilities of the Department

      14. The objectives:

      1) implementation of state policy in the field of tourism;

      2) implementation of other objectives assigned to the Department within its competence.

      15. The functions:

      1) involve the Special Economic Zone participants in the activities of Special Economic Zones except for ion of the "Astana - a new city" Special Economic Zone;

      2) perform other functions stipulated by the legislation of the Republic of Kazakhstan.

      16. Rights and responsibilities:

      1) request and receive the necessary information and materials from state bodies, organizations and their officials, in accordance with the procedure established by law;

      2) exercise other rights and responsibilities in accordance with the legislation of the Republic of Kazakhstan, the Acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

3. Arrangement of the Department

      17. The management of the Department shall be carried out by a manager personally responsible for performance of the objectives and functions assigned to the Department.

      18. The Head of the Department shall be appointed to the position and dismissed by the executive secretary of the Ministry of Investments and Development of the Republic of Kazakhstan.

      19. The Head of the Department has a deputy who shall be appointed and dismissed by the executive secretary of the Ministry for Investment and Development of the Republic of Kazakhstan.

      20. Powers of the Head of the Department:

      1) determines the authority of his deputy;

      2) exercise other powers in accordance with the laws of the Republic of Kazakhstan.

      Execution of the powers of the Head of the Department during his absence shall be carried out by the deputy person who replaces him in accordance with the applicable law.

4. Property of the Department

      21. The Department has separate property on the right of the management in cases provided for by the legislation of the Republic of Kazakhstan.

      22. The property assigned to the Department shall be attributed to the republic's property.

      23. The Department shall not alienate or in any other way dispose the property and property secured by it, acquired at the expense of funds allocated to it under the financing plan, unless otherwise stipulated by law.

5. Reorganization and liquidation of the Department

      24. Reorganization and liquidation of the Department shall be executed in accordance with the civil legislation of the Republic of Kazakhstan.

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