On Approval of the Rules for Issue of a Petition for Investor Visa Receipt by nonresidents of the Republic of Kazakhstan carrying out the investment activities in the territory of the Republic of Kazakhstan

New Unofficial translation

Order No. 1265 of the Minister for the Investments and Development of the Republic of Kazakhstan dated December 29, 2015. Registered in the Ministry of Justice of the Republic of Kazakhstan on February 10, 2016 under No.13039.

      In compliance with paragraph 7 of Article 282 of the Entrepreneurial Code of the Republic of Kazakhstan dated October 29, 2015 I hereby ORDER that:

      1. The attached Rules for Issue of a Petition for Investor Visa Receipt by nonresidents of the Republic of Kazakhstan carrying out the investment activities in the territory of the Republic of Kazakhstan shall be approved

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

      1) state registration of this order at the Ministry of Justice of the Republic of Kazakhstan;

      2) its electronic and hard copies sending periodic printed press and to Adilet information and legal system for official publication, and to the Republic Center for Legal Information for registration in the reference control bank of regulatory legal acts of the Republic of Kazakhstan upon the expiry of ten calendar days after the state registration of this order at the Ministry of Justice of the Republic of Kazakhstan;

      3) this order posting at on the internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan and the internet portal of the state authorities;

      4) submission of the data on performance of the activities provided for in subparagraphs 1), 2) and 3) of paragraph 2 of this order to the Legal Department of the Ministry for Investments and Development of the Republic of Kazakhstan upon the expiry of ten business days after the state registration of this order at the Ministry of Justice of the Republic of Kazakhstan;

      3. Supervision over this order fulfillment shall be entrusted to the Vice Minister of the Ministry for Investments and Development of the Republic of Kazakhstan.

      4. This order shall be enforced upon the expiry of ten calendar days after its first official publication.

      Minister for
      Investments and Development of the
      Republic of Kazakhstan А. Issekeshev

      "AGREED"

      Minister of Foreign Affairs of the

      Republic of Kazakhstan

      E.A. Idrissov _____________

      dated on December 29, 2015

      "AGREED"

      Chairman of the National

      Security Committee of the

      Republic of Kazakhstan

      V.Z.Zhumakanov _____________

      dated January 5, 2016

      "AGRRED"

      Minister of Internal Affairs of the

      Republic of Kazakhstan

      K.N.Kassymov _____________

      dated December 30, 2015

  Approved by
  order No.1265 of the Minister for
  Investments and Development of
  the Republic of Kazakhstan
  dated December 29,2015

Rules for Issue of a Petition for Investor Visa Receipt by nonresidents of the Republic of Kazakhstan carrying out the investment activities in the territory of the Republic of Kazakhstan

1. General provisions

      1. These Rules for Issue of a Petition for Investor Visa Receipt by nonresidents of the Republic of Kazakhstan carrying out the investment activities in the territory of the Republic of Kazakhstan (hereinafter referred to as ‘Rules”) have been developed in compliance with paragraph 7 of Article 282 of the Entrepreneur Code dated October 29, 2015 and define the procedure for issue of a petition for investor visa receipt by nonresidents of the Republic of Kazakhstan carrying out the investment activities in the territory of the Republic of Kazakhstan.

      2. Main notions used in these Rules are as follows:

      1) authorized investment authority is a state body assigned by the Government of the Republic of Kazakhstan to conclude the investment contracts and control their performance;

      2) applicant for issue of investor visa for non-residents of the Republic of Kazakhstan carrying out the activities in the territory of the Republic of Kazakhstan (hereinafter referred to as “Applicant”) is an individual or entity including entity with foreign participation established in compliance with article 3 of the Law of the Republic of Kazakhstan "On State registration of legal entities and record registration of their branches and representative offices” dated April 17, 1995, having filed an application for the investor visa issue and being nonresident of the Republic of Kazakhstan carrying out the investment activity in the territory of the Republic of Kazakhstan;

      3) petition for investor visa receipt by nonresidents of the Republic of Kazakhstan carrying out the investment activities in the territory of the Republic of Kazakhstan (hereinafter referred to as “petition”) is a written request of the investment authority to the Ministry of Foreign Affairs of the Republic of Kazakhstan for issue of the investor visa to a person/persons who are nonresidents of the Republic of Kazakhstan carrying out their investment activities in the territory of the Republic of Kazakhstan in the form under Appendix 1 to these Rules.

      3. If an applicant is an entity the petitions shall be issued to a director and/or deputy director and directors of structural subdivisions. If an applicant is an individual the petition shall be issued to the applicant personally.

      4. Issue of the investor visa to nonresidents of the Republic of Kazakhstan carrying out the activities in the territory of the Republic of Kazakhstan shall be provided in compliance with paragraph 1 of Article 6 of the Law of the Republic of Kazakhstan “On Migration of the population” dated on July 22, 2011.

2. Procedure for petition issue

      5. Application for issue of petition for investor visa receipt by nonresidents of the Republic of Kazakhstan carrying out their investment activities in the territory of the Republic of Kazakhstan ( hereinafter referred to as “Application”) shall be filed by the applicant to After the to the investment authority office in the form under Appendix 2 of these Rules and shall be registered with the assignment of application registration number and date followed by submission to the investment authority chief s or to his/her deputy.

      6. Documents to be attached by Applicant to the application shall be as follows:

      1)copy of the identity document of a person declared for receipt of the investor visa translated into state or Russian language (with the passport validity period expiring not earlier than three months before the expiry date of the visa requested)

      2) copy of the certificate of statement of the applicant state registration ( if applicant is a legal person)

      3) copy of the applicant’s charter (if applicant is a legal person)

      4) copy of the document certifying position of the person in compliance with paragraph 3 of these Rules (if applicant is a legal person)

      5) copies of the documents certifying the fact of investments

      6) recommendations of state bodies, quasi-public entities or international organizations (if available);

      7) copy of the contract for subsurface use if applicant performs activities in the subsurface use sector;

      8) agreements/memorandums of cooperation with state bodies, uasi-public entities (if available)

      9) audit report prepared based on the results the Applicant’s financial reporting audit (if applicant is a legal person)

      10) bank account statements for the last six months (if applicant is a legal person).

      7. Documents provided for by paragraphs 1), 2), 3), 4) and 5) paragraph 6 of these Rules shall be submitted in the form of notarized copies.

      8. The investment authority shall make a decision on issue of the petition under the following conditions:

      1) applicant shall implement the projects within priority sectors of the processing industry in compliance with Decree No. 874 of the President of the Republic of Kazakhstan "On Approval of State Program of Industrial and Innovation Development of the Republic of Kazakhstan for 2015-2019 dated August 1, 2014 and on amendments and additions to Order No. 957 of the President of the Republic of Kazakhstan "On Approval of List of State Programs”; dated March 19, 2010

      2) applicant shall be a member of the Council of Foreign Investors under the President of the Republic of Kazakhstan;

      3) applicant shall have the investment contract concluded with the investment authority;

      4)applicant shall implement the projects under Resolution No. 1418 of the Republic of Kazakhstan "On Republic Industrialization Map for 2015 – 2019" dated December 31, 2014;

      5) applicant shall have recommendations by the state bodies or quasi-public sector entities certifying the investment project implementation by the applicant in the territory of the Republic of Kazakhstan.

      9. Application processing time established for issue of petition shall be equal to eleven business days.

      10. The investment authority s shall make a decision on issue or rejection of petition issue based on results of the application processing.

      11. The authorized body shall check the completeness of submitted documents within three business days after receipt of application and documents attached thereto. 

      Should the applicant fail to submit complete package of documents, the authorized body shall provide reasonable rejection of further processing of application.

      12.Petition issue to the applicant shall be executed by the method specified by the applicant in the application.

  Appendix 1
  to the Rules for Issue of a Petition
  for Investor Visa Receipt by
  nonresidents of the Republic of
  Kazakhstan carrying out the
  investment activities in the territory
  of the Republic of Kazakhstan
  Form

Petition for Investor Visa Receipt by nonresidents of the Republic of Kazakhstan carrying out the investment activities in the territory of the Republic of Kazakhstan

      ___________No.____________

      ________________________

      Department of Consular Service of the

      Ministry of Foreign Affairs

      of the Republic of Kazakhstan

      Investment Committee of the Ministry for Investments and Development of the Republic of Kazakhstan

      ____________________________________________

      (Company name and date and number of its,

      Full name and position) has filed application for issue of the investor visa (application copy attached).

      With this regard, we consider it possible to issue the investor visa to the said person.

      Copy:___ p.

      Position (signature) Name, patronymic, surname

      Executed by (official responsible for the application filing): ________________ Tel. __________ e-mail

  Appendix 2
  to the Rules for Issue of a Petition
  for Investor Visa Receipt by
  nonresidents of the Republic of
  Kazakhstan carrying out the
  investment activities in the territory
  of the Republic of Kazakhstan

Application for Issue of a Petition for Investor Visa Receipt by nonresidents of the Republic of Kazakhstan carrying out the investment activities in the territory of the Republic of Kazakhstan

  Form No. 1
  (for a legal person)

Details of the applicant

Name of the legal person of the Republic of Kazakhstan


Information on registration (reregistration) of the entity of the Republic of Kazakhstan (date, ground)


Location: legal address, actual address


Business Identification Number (BIN)


Director of the entity of the Republic of Kazakhstan (surname, name, patronymic (if available) tel., fax, email)


Purpose of investment


Amount of investments into fixed assets with breakdown per years


Number of employers, including citizens of the Republic of Kazakhstan


Ground for petition receipt
(specify relevant subparagraph /subparagraphs of paragraph 8 to these Rules)


Contact data
Tel., fax, email)


Mode of petition receipt
(by post, by courier)


Details of a person/persons declared for investor visa receipt

Surname, Name, Patronymic (if available)


Date and place of birth


Nationality


Identity document No.


Validity period of the identity document


Address of actual place of residence of a person declared for investor visa receipt in the country of residence


Position held


Contact data
(tel., fax, email))



_______________________________
(Surname, name, patronymic
(if available) of director of the entity of the Republic of Kazakhstan)
 

_______________________________
(signature, seal, date)

  Form No. 2
  (for individuals)

Details of the applicant

Surname, name, patronymic (if available)


Date and place of birth


Nationality


Identity document No.


Validity period of the identity document


Address of actual place of residence of a person declared for investor visa receipt in the country of residence


Purpose of investment


Amount of investments into fixed assets


Position held


Ground for petition receipt
(specify relevant subparagraph /subparagraphs of paragraph 8 to these Rules)


Contact data
(tel., fax, email))


Mode of petition receipt (by post, by courier)


_______________________________
(Surname, name, patronymic (if available) of the applicant

_______________________________
(signature, seal, date)


If you found any error on the page, please highlight a word or a phrase and then press «Ctrl+Enter» key combination

 

On-page search

Enter text to search

Hint: Browser has internal on-page search. It works faster and is usually activated by pressing ctrl-F.